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Scanned  from  the  collection  of 
Karl  Thiede 


Coordinated  by  the 
Media  History  Digital  Library 
www.mediahistoryproj  ect.org 


Funded  by  a  donation  from 
David  Sorochty 


•-1 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  78 


NEW  YORK,  MONDAY,  OCTOBER  2,  1933 


TEN  CENTS 


No  Increases 
Are  in  Sight 
At  Milwaukee 


Business   Good,  But  All 
Await  Developments 


Milwaukee,  Oct.  1. — To  date  there 
has  been  no  general  increase  in  ad- 
mission prices  in  the  Milwaukee  terri- 
tory. There  have  been  rumors  of 
contemplated  step-ups  from  time  to 
time,  but  apparently  because  local 
houses  have  enjoyed  fairly  good  busi- 
ness during  the  past  six  weeks  the 
boost  has  not  been  made.  Downtown 
local  first  runs  particularly  have  been 
getting  a  fairly  consistent  stream  of 
convention  business.  Accordingly, 
prices  have  remained  at  an  even  level 
for  the  past  several  months  at  the 
local  first  runs  as  well  as  at  the  neigh- 
borhood houses. 

Houses  in  some  sections  of  the 
state  have  raised  the  ante,  while  in 
others  it  has  been  lowered.  The  Ri- 
voli  in  Two  Rivers  is  an  example  of 
the  former,  going  from  a  25  to  30 
cent  top,  while  the  Mikado  and  Capi- 

(Coittiiuicd  on  fatie  4) 


Kansas  City  First 
Runs  Shift  Product 

Kansas  Ciri',  Oct.  1. — New  pro- 
duct deals  have  resulted  in  a  switch  at 
two  first  run  theatres  here.  Universal 
pictures,  last  year  shown  at  the  RKO 
Mainstreet,  will  be  first  run  at  the 
Fox  Uptown.  First  National  shifts 
from  the  Uptown  to  the  Mainstreet. 

Outside  of  that  and  the  possibility 
the  Pantages  and  Empress,  soon  to  be 
reopened,  will  take  up  some  of  the 
majors'  excess  product,  there  are  no 
changes  in  the  first  run  setup.  Loew's 
Midland  retains  M-G-M  and  United 
-Artists,  with  an  occasional  date  open 
for  an  independent  release.  The  Publix 
Newman,  as  in  the  past,  will  play 
Paramount  and  Warners.  Fox  will 
share  playing  time  with  Universal  at 
the  Uptown,  while  Radio  and  Colum- 
bia will  be  the  Mainstreet's  mainstay. 


Seattle  Exchanges 
Win  Cuts  in  Taxes 

Seattle,  Oct.  1. — Superior  Judge 
John  M.  Ralston  has  reduced  tax 
assessment  made  by  the  county  asses- 
sor upon  several  hundred  thousand 
feet  of  film  owned  by  Seattle  distribu- 
tors. 

The  companies  sued,  claiming  the 
assessor  was  in  error  in  his  conten- 
tion that  film  is  worth  one  and  one- 
half  cents  per  foot  regardless  of  age. 
The    companies    also    contended    that 

{Continued  on  M'lf  4) 


Decentralized  Fox  Theatre 

Buying  Starts  for  1933-34 

Decentralized  buying  of  all  Fox  theatres  throughout  the  coun- 
try gets  under  way  with  purchase  of  product  for  the  1933-34 
season.  With  all  product  deals  formerly  handled  in  New  York 
under  the  general  supervision  of  E.  L.  Alperson,  new  buys  for 
the  five  theatre  groups  are  being  handled  individually  by  Edward 
Peskay  for  Skouras  theatres  in  New  York,  New  Jersey  and  Long 
Island;  Rick  Ricketson  for  the  Denver  Rocky  Mountain  group; 
Elmer  Rhoden  for  the  Kansas  City  area;  H.  J.  Fitzgerald  for  the 
Milwaukee  zone,  and  J.  J.  Sullivan  for  Fox  West  Coast. 

Sullivan  and  Rhoden  are  now  in  New  York  negotiating  deals. 
They  have  closed  for  some  product  and  expect  to  complete  the 
rest  of  the  list  shortly.  Peskay  also  has  signed  a  number  of  con- 
tracts.   Ricketson  and   Fitzgerald   will  consummate  deals  locally. 


Freedom  on  Duals  Ought  to 
Go  for  All^  Majors  Argue 

If  duals  are  tu  be  determined  l)\-  individual  exhibitor  decision,  the  un- 
limited freedom  idea  in  handling  this  tough-to-crack  issue  should  have  all 
shackles  removed  and  apply  alike  to  individual  distributors.  This  represents 
tlie  latest  development  in  the  ranks  of  major  companies,  sans  Universal  and 
Columbia   on  twin   bills. 

Squarel.N-.  in  the  middle  of  those  lieated  Washington  arguments,  pro  and 
con,  last  week  was  deposited  word  from  the  majors,  presumably  all  but 
Universal  and  Colunil)ia,  that  the\-  held  no  brief  for  duals  either  way,  but 
that  they  did  reserve  tlncir  individual  rights  to  meet  the  trade  practice  as 
they  saw  fit.  It  was  tiiis  decision  which  wiped  out  of  the  code  picture  an 
earlier  decision  to  settle  twin  bills  by  a  two-way  75  per  cent  theatre  vote, 
one  from  active  affiliated  liouses  and  a  second  75  per  cent  from  active  inde- 
pendent  theatres. 

.Manx-  exhibitors  and  all  of  the  independent  producers  and  distributors 
realized  at  once  that  these  "individual  rights"  referred  to  the  existence  in 
indi\idual   major  company   contracts   for   film   service  of   a  clause   prohibiting 

(Continued  on   pane  4) 


New  Contract 
Form  Delayed 
By  Code  Talks 

Revision    of    Clauses    Is 
Considered  Certain 


Fox  Midwest 
Again  Buying 
From  M-G-M 


Kansas  City,  Oct.  1. — Purchase 
by  I'-ox  Midwest  of  M-G-M  product 
for  city  houses  after  a  lapse  of  a  year 
signalizes  healing  of  the  breach  that 
occurred  when,  last  year,  M-G-M  es- 
talilished  an  exclusive  run  policy  at 
Loew's  Midland,  wlikii  was  discon- 
tinued shortly  before  the  new-  selling 
season  began. 

The  deal  also  is  considered  a  fore- 
runner to  a  boost  in  admission  scale 
at  the  Midland  from  25  to  40  cents, 
placing  it  on  a  par  with  other  first 
runs.  The  low  price  has  been  the 
subject  of  mucli  discussion  and  the 
target  of  objection  by  other  first  runs, 
as  well  as  suhsequents.  Exhibitors 
are  speculating  whether  Fox  Midwest 
will  be  content  to  follow  the  Midland 
at  the  Plaza  and  Isis,  suburban  houses 

(Coiitinnrd  on   paoc  4) 


30-Hour  Week 
Is  Sought  in 
Labor  Report 


Washington,  Oct.  1.— A  30-hour 
work  week  at  wage  levels  sufficient  to 
maintain  present  rates  and  increases 
in  pay  for  mechanics  and  skilled 
labor  to  restore  the  former  differen- 
tials l)ctween  them  and  unskilled 
groups  covered  by  codes  is  demanded 
in  a  report  of  the  executive  council 
of  the  American  Federation  of  Labor 
to  be  submitted  at  the  opening  of  the 
annual    convention    here    tomorrow. 

Recovery  codes  so  far  adopted,  the 
council  declares,  disclose  definitely 
that  the  hours  so  far  adopted  are  too 
long  to  assure  the  absorption  of  mil- 
lions without  jobs  and  the  wages  are 
so  low-  purchasing  power  is  lagging 
behind   production. 

Administrative  provisions  in  va- 
rious codes  are  also  criticised  for  their 

(Continued  on   pnor  4") 


Use  of  the  optional  standard  con- 
tract, which  six  major  companies 
agreed  last  January  to  put  into  effect, 
has  been  sidetracked  in  new  season 
selling  to  date,  as  a  result  of  the  in- 
dustry code  deliberations  which  are 
regarded  as  certain  to  revise  many 
clauses  of  the  form  agreed  upon  nine 
months  ago.  In  the  meantime,  indi- 
vidual company  contract  forms  are 
being  used  in  new  season  selling. 

Unless  the  industry  code,  when 
adopted,  is  made  retroactive,  indica- 
tions are  that  a  standard  form  of 
licensing  agreement  will  not  come  into 
general  use  in  the  industry  until  the 
1934-35  selling  season.  In  the  face  of 
the  possibility  of  the  code  being  made 
retrt>active,  however,  some  distribu- 
tors have  provided  for  this  eventuality 
by  inserting  clauses  in  their  individual 
contracts  for  deals  closed  earlier 
which  would  grant  the  exhibitor  any 
material  benefits  resulting  from  the 
industry  code.  This  was  done  to  avoid 
the  necessity  of  covering  the  field 
twice,  and  re-making  deals  already 
closed  under  the  old  contracts.  In 
these  cases  the  changes  resulting  from 
the  code  would  go  into  effect  auto- 
matically. 

If  the  code  is  not  made  retroactive, 
indixidual  negotiations  under  contracts 

(Continued  on-  page  4) 


Ray  Long  Is  Signed 
As  Columbia  Editor 

Ray  Long,  for  13  years  editor  of 
Cosinopolitaii-  and  before  that  editor 
of  Red  Book,  has  been  signed  by 
Harry  Cohn,  president  of  Columbia, 
as  editorial  executive. 

Long  has  just  returned  from  the 
South  Seas.  He  will  make  his  head- 
quarters in  Hollywood  and  will 
gather  a  group  of  writers  about  him 
to  handle  the  company's  future  pro- 
duct. 


Portland  Theatres 
In  Booking  Combine 

Portland,  Oct.  L — This  town  has 
a  new  booking  combine  called  Asso- 
ciated Theatres,  Inc.  It  will  book  vau- 
deville acts  as  well  as  pictures. 

Officers  are:  President,  G.  T. 
Woodlaw,  owner  of  the  Circle  and 
other  houses ;  vice-president,  W.  A. 
Graepcr   of   the    Egyptian ;    secretary, 

(Continued  on  pape  4) 


MOTION  PICTURE 

DAILY 


Monday,  October  2,    1933 


MOTION  PICTURE 

DAILY 

Registered   U.   S.   Patent  Oflice 

I'ormcrly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


\'ol.  M 


October  2,  1933 


No.  76 


-Martin   Quicley 
Editor-in-Claef   and   Pttblisher 

MAURICE  KANN 
Editor 

JAMES  A.  CRON 
Advertising  Manager 

^t^w^  I'l'BI.ISHED  daily,  except  Sunday 
1^  jlj.-ind  holidays,  by  Motion  Picture 
N*|y  Daily,    Inc..   a   Quigley    Publication, 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"OuiRpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and.  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edzviu  S.  Clifford, 
-Manager. 

London  correspondent:  IV.  II.  Mooring, 
A\  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rulcnbcra,  "The  Kilm  Kurier."  Kothener- 
>trasse  i7 .  Berlin,  W.  9.  Paris  corres- 
liondcnt:  Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter January  4,  1926,  at  the 
Post  f)ffice  at  New  York  City. 
X.  Y..  under  Act  of  March  3, 
1879. 

Subscription  rates  per  year: 
$6  in  the  Americas,  except 
Canada:  Canada  and  foreign 
$15.      Single    copies:    10    cents. 


vNRA. 


I  ee  ou*  »**T 


Finney  at  Monogram 

l^dward  Fiiuiey,  formerly  in  charge 
1)1  publicity  for  United  Artists  and 
associated  with  that  company  for  past 
several  years,  assumes  his  new  ixjst 
today  as  publicity  and  advertising 
director  and  story  editor  of  Monogram 
Pictures.  His  first  assignment  will  be 
in  the  company's  campaign  on  "Sweet- 
heart of  Sigma  Chi,"  one  of  Mono- 
gram's most  imix)rtant  releases  on  its 
current  schedule.  The  first  prints  are 
being  shipped  from  the  studio  now  and 
arc  expected  here  within  the  ne.xt  few 
davs. 


More  Vaude  in  Prov. 

I'kovidence,  Oct.  1. — More  com- 
lietition  is  coming  for  the  vaudeville 
houses.  The  RKO  Albee  which  has 
been  on  a  straight  picture  policy  all 
summer  will  go  back  to  vaudefilin 
bookings  starting  Oct.  6.  Tlic  man- 
agement intends  to  book  in  some  top- 
notchers,  leading  off  with  Paul  White- 
man  and  his  band  and  following  with 
Mortcni  Downey.  William  I'^aucher's 
orchestra  has  the  job  in  the  pit. 


Freuler  on  Coast 

Hollywood,  Oct.  1.  —  John  R. 
I'VeuIer,  president  of  Monarch  Pro- 
ductions, has  arrived  here  after  a 
numl)er  of  stopovers  en  route  for  the 
puri)ose  of  getting  the  season's  pro- 
duction under  way. 


iiniHimmiiiiKMiiiiliHiKiiimnnHir 

BEN  BLUE 

Now  Working  In 

WARNER  BROS. 
SHORTS 

Produced  by  SAM  SAX 

Direction:     LEG     MORRISON 


Insiders^  Outlook 


FILM  wives  go  lonely  again. 
The  gang  is  packing  bags  pre- 
paratory to  the  third  descent  on 
W'ashington,  all  for  the  sake  of 
the  code.  The  deputy  adminis- 
trator says  this  time  will  be  final. 
He  said  that  twice  before  and,  of 
course,  meant  it  each  shot.  But 
complications  began  to  set  in  then 
and  who  knows  that  they  won't 
again?  After  all,  Mr.  Ford 
never  signed  the  motor  code. . .  . 
T 
Not  so  strange  after  all  is  the 
silence  blanketing  that  much- 
heralded  Northern  California 
buying  combine  known  as  Co- 
operative Film  Buyers  Associ- 
ation. This  was  the  outfit  that 
was  careless  enough  to  talk  about 
$10,000,000  as  its  total  purchas- 
ing power,  thereby  tipping  its 
hand  far  more  than  it  realized  at 
the  time.  It  was  aimed  at  Fox 
West  Coast,  Bob  McNeill  and 
some  others,  so  the  story  ran. 
As  a  matter  of  fact,  the  whole 
idea  came  largely  out  of  the  head 
of  William  Wagnon,  operator  of 
the  Orpheuni  in  San  Francisco, 
who  needed  product  and  thought 
he'd  get  it  by  stirring  up  things. 


Apollinaris,  the  Greek  theatre 
operator  in  "Footlight  Parade" 
and  the  fellow  who  blames  bis 
indigestion    on    overeating,    is    a 


take-off  on  Spyros  Skouras.  The 
prologue  producers  in  the  same 
picture  sound  suspiciously  like 
Fanchon  and  Marco.  "By  a 
Waterfall,"  one  of  three  big  pro- 
duction numbers,  has  never  been 
duplicated  in  pictures  before. 
Has  dozens  of  girls  above,  on 
and  under  the  water  in  all  sorts 
of  routines  and  formations  and  is 
dift'erent.  Negative  cost  on  this 
one  sequence :  $97,000.  .  .  .  De- 
parture of  Ben  Kahane  for 
Hollywood  indicates  the  majors 
know  what  tbey  want  and  how 
far  they'll  go  on  the  code.  .  .  . 


M-G-M  doesn't  want  circuit 
buyers  at  exchange  screenings 
and  the  reason  is  bookings  repu- 
tedly are  being  affected  by  un- 
favorable comment  when  a  weak 
sister  comes  along.  Aside  from 
that,  Leo  says  many  of  those 
screenings  arc  plotted  to  get 
sales  reactions  and  result  in  re- 
turning pictures  west  for  brush- 
ing up  and  retakes.  .  .  .  How 
will  the  independents,  also  ex- 
hibitors, answer  new  distributor 
arguments  on  duals  and  indi- 
vidual rights  ?  Flip  this  sheet 
back  to  page  one  for  what  the 
majors  say.  .  .  .  The  codifiers 
will  have  the  World's  Series  in 
Washington  the  end  of  the  week. 
That's  a  consolation.  .  .  . 

KANN 


Duals  Help  N.  O.  House 

-\'ew  Okle.\i\s.  Oct.  1. — Double 
bills  are  the  rule  at  the  Orpheum 
since  vaudeville  was  abandoned.  The 
idea  seems  to  have  struck  the  public 
fancy  and  it  is  reported  Manager  Vic 
Meyers  is  now  using  only  black  ink 
on  his  report  sheets. 


Waring-Nair  Knot  Tied 

CuKAco,  Oct.  1. — Fred  Waring, 
orchestra  leader,  was  married  here 
yesterday  to  Evelyn  Nair,  stage  dancer 
and  screen  player,  who  arrived  from 
Hollywood  by  plane  for  the  ceremony 


Union  Men  to  Get  Money 

Xt;w  Oki.e.ws,  Oct.  1. — -\pproxi- 
niately  $4,000  belonging  to  the  oper- 
ators of  the  Dauphine,  and  part  of  the 
account  of  tiic  Musicians'  Union,  will 
be  released  by  the  Interstate  Bank  here, 
which  recently  went  ofif  a  five  per  cent 
payment  ba.sis,  and  when  reopened  will 
pay  full  amounts  on  all  accounts. 


Evelyn  Egan  Joins  Ryan 

Hollywood,  Oct.  1. — Evelyn  Egan, 
formerly  with  Christie  casting  oifice. 
has  taken  over  the  casting  job  for 
Phi!    L.    Ryan    productions. 


Eastman  Kodak  Off  3V2  Points 


High 

23^ 

78% 

15/2 

iOH 

m 

8 

- 2^ 

VVarnt-r   Itros yy^ 


('olunil)ia   Pictures,  vtc. 

Kastman   Kodak 

Fox  Film  "A" 

Luew's.   Tnc 

Pathe  Exchange 

Pa  the  Exchange  "A".. 
KKO 


Low 

2.i 

76 

1.S 

29 
1'4 
7y« 
2Vs 
CM 


Net 
Close     Ch£uige 

23J4         -f-l« 


761/, 

-% 

15 

-  K2 

3OV4 

-1-  Vi 

1^4 

27/8 
7^8 


+   Vz 


Curb  Market  Dull 


'iVcbnic<-)Ior 
rrrins   Lux. . 


High 


Low 

7-/. 
l.V. 


Net 
Close     Chsmge 

7'/2         -  V4 

15/8  


Warner  Bros,  Off  Wa  Points 


High 

(icncral  Theatre  Equipment  6s  '40 4j^ 

(Jeneral   Theatre   Equijxnent  6s  '40  ctf iVi, 

Keith  B.  F.  6s  '46 45 

I  oew's  6s  '41  ex  war gji^ 

Warner  Bros.  6s  '39  wrl '.'.'.'.'.'.'.'.'.'.  45 


Low 

3Vs 

&3'A 
44/8 


Net 
Close     Change 


4SK 
&3'A 
4454 


+  !4 

-  V4 


Sales 

200 

4no 

400 
2.400 
500 
200 
200 
10.600 


Sales 

200 
100 


Sales 

6 
1 
3 

4 
22 


i  Purely 
Personal  ► 


ARTHUR  M.  LOEW,  by  this  morn- 
ing, will  be  a  four-day-old  bride- 
groom. He  married  Barbara  Smith 
Levant,  divorced  wife  of  Oscar  Le- 
vant, pianist  and  composer,  late  Fri- 
day afternoon.  Dax-e  I3lum  of 
M-G-M  was  present,  knew  in  advance 
what  was  happening,  but  never 
peeped  about  it  to  anyone. 

John  Kkuiskv,  out  to  get  audi- 
ence reactions  to  "The  Emperor  Jones" 
and  learn  audience  likes  and  dislikes 
at  first  hand,  is  starting  a  cross-coun- 
try theatre  tour  at  Baltimore. 

Roland  Young  opened  Saturday  in 
Wilmington,  Del.,  in  Clare  Kum- 
mer's  new  play,  "Her  Master's  Voice." 
Today  the  actor  goes  to  Philadelphia, 
where  the  play  is  scheduled  for  a  two- 
week  engagement  before  its  Broadway 
opening. 

Henry  Ginsberg  is  keeping  up  to 
form  by  bringing  in  a  cold  with  him 
from  the  coast.  It  happened  this  trip 
and  the  la.st  one. 

Frank  Pope  of  the  Paramount 
coast  publicity  department  hasn't  been 
in  town  a  week  and  he  is  longing  for 
Hollywood   already. 

Will  Hays  returns  from  a  week- 
end at  Sullivan,  Ind.,  this  morning. 
Looks  like  Washington  for  him  later 
in  the  week. 

Lumsden  Hake,  who  spent  the 
summer  season  in  summer  stock,  is 
returning  to  Hollywood  to  play  in 
"Romance  of  Two  Worlds"  for  RKO. 

Sally  Blane  has  just  returned 
from  a  European  trip.  She  has  no 
immediate   jiicture    plans. 

Colin  Clive  is  in  town  on  his  way 
from  England  to  Hollywood  to  start 
work  in  "Flight  Bells." 

Leslie  Banks  is  also  here,  en 
route  to  the  Radio  studio  for  "Stin- 
garee." 

Herschel  Stuart  is  here  from  De- 
troit, conferring  with  Publix  officials. 


THE 
MAYFLOWER 

61st  STREET,  (Central  Park  West) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3    Rooms.      Full   Hotel  Service 

FURNISHED    OR     UNFURNISHED 

By  tiic  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


Universal's  Nev/  Deal! 


ESSANESS  THEATRE  CIRCUIT 

Edwin  Silverman— Emil  Stern— Sidney  Spiegel 

Twenty 'two  Chicago  Theatres— American,  Biography  Broad- 
way Strand,  Buckingham,  Byrd,  Center,  Crawford,  Crown^ 
Davis,  Devon,  Embassy,  Four  Hundred,  Julian,  Keystone, 
Lamar,  Michigan,  Sheridan,   Vogue,   West  End, 
Orpheus,  Irving,  Argmore,  sign  for 

UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


Thanks^  Messrs.  Silverman,  Stern  and  Spiegel, 
for  your  confidence  in  Universal  Pictures. 

We  will  do  our  part. 


MOTION  PICTURE 

DAILY 


Monday,  Ocfober  2,    1933 


No  Increases 
Are  in  Sight 
At  Milwaukee 


(.Coiititiued  from  page  1) 

tol  theatres  in  Manitowoc  recently 
dropped  their  tops  five  cents  for  Sun- 
days and  holidays  and  10  cents  for 
week  days.  All  three  are  indepen- 
dents. 

Present  indications  are  that  prices 
will  be  upped  where  conditions  are 
sufficiently  bright  to  warrant  such  ac- 
tion, otherwise  they  will  be  retained 
at  the  existing  level.  Milwaukee 
county  exhibitors  are  adhering  almost 
UX)  per  cent  to  their  agreement  pro- 
viding against  the  mentioning  of  prices 
in  advertising. 


Houston  Managers  on 
Watch  for  a  Pickup 

Houston.  Oct.  1. — Managers  here 
are  watching  the  national  price  situa- 
tion closely,  but  are  non-committal  on 
the  question  of  higher  scales  locally. 
R.  J.  O'Donnell,  general  manager  of 
the  Hoblitzelle  circuit,  which  takes 
in  all  but  one  of  the  Houston  major 
houses,  will  make  no  prediction. 

The  Hoblitzelle  theatres  have  price 
scales  of  50  cents  top  for  the  Metro- 
politan, which  includes  tax  ;  40  cents 
for  the  Majestic,  and  35  cents  for  the 
Kirby.  All  have  25-cent  matinee 
prices  from  11  a.  m.  to  6  p.  m. 

Loew's  State  has  a  top  of  40  cents. 
and  a  25-cent  matinee  scale.  Man- 
ager W.  V.  Taylor  declared  he  did 
not  believe  prices  w'ould  be  raised  at 
his  theatre  very  soon,  although  it  is 
known  that  the  liomc  office  has  made 
inquiry  into  the  possibilities  of  price 
raising  here. 

Neighborhood  theatres  do  not  con- 
template raisings,  "at  least  until  after 
Christmas,  when  we  see  how  NRA 
takes."  as  one  of  the  independent 
managers  expressed  it.  These  scales 
ar<  15  and  25  cents,  with  10  cents  for 
children   at   all   times. 

The  Will  llorwitz  three  "Honie- 
folks"  theatres  "have  not  and  will  not 
increase  prices  one  iota."  according 
to  the  management.  These  houses 
have  held  to  the  same  prices  through 
thick  and  thin  since  their  opening. 
They  are  subseciuent  runs.  Of  these, 
the  Texan  has  for  seven  years  played 
to  five  and  15-cent  prices  until  7 
P.  M.,  and  then  to  five  and  25  cents, 
lower  floor  and  balcony  alike.  The 
Iris,  opened  IS  years  ago.  still  plays  at 
five  and  15  cents  all  over  the  house 
all  the  time,  and  the  Ritz.  five  years 
old,  follows  the  same  policy. 


No  Increases  Looked 
For  in  New  Orleans 

New  ORLtAXs.  Oct.  1. — No  in- 
creases in  saJes  are  expected  here  this 
season.  The  prevailing  top  is  25  cents 
afternoons  and  40  cents  evenings  for 
straight  pictures.  This  is  the  scale  at 
the  Saenger  and  Orpheum  across  the 
street,  although  the  Orpheum  top  is 
35  cents. 

The  St.  Charles,  on  a  double  fea- 
ture basis,  holds  to  a  25-cent  top,  and 
the  Liberty,  where  occasional  first 
runs  are  set  in,  maintains  a  top  of 
20  cents  at  night. 

There  has  been  some  talk  of  in- 
creases,   but    managers    are    said    to 


Freedom  on  Duals  Ought  to 
Go  for  A 11^  Majors  Argue 

(.Continued  from  page  1) 
the    exhibitor    irom    running    such    product    on   the    same    bill    with    another 
feature.     This,  those  many  exhibitors  and  the  independents  said  they  would 
not  go   for. 

Distributors,   however,   now   poise  this  argument : 

"You  want  double  features  settled  by  individual  decision.  We  agree  with 
that,  but  the  recognition  of  individual  rights  which  you  insist  upon  is  some- 
thing you  deny  us.  If,  by  an  added  in  clause,  we,  or  some  of  us,  determine 
we  will  not  sell  unless  the  theatrenian  agrees  not  to  double  our  product 
with  anotlier  feature,  what  can  the  objection  be?  Certainly  that  is  as  much 
our  individual  decision  to  make  as  yours  is  to  determine  that  each  exhibitor 
is  to  figure   lor  himself  what  he  wants  to  do  about  twin  bills." 

-Majors  are  understood  to  feel  this  is  no  back-door  method  of  killing  off 
duals.  No  exhibitor  is  compelled  to  deal  with  a  distributor  whose  contracts 
contain'  the  rider  clause,  but  is  privileged  to  sign  elsewhere,  according  to 
the  attitude  reported  prevailing  in  major  ranks. 


Fox  Midwest 
Again  Buying 
From  M-G-M 

(Continued  from  (>aiic  1) 

charging  the  same  as  the  downtown 
first  run.  with  the  usual  protection  in 
effect. 

Informed  opinion  is  tiie  Fox  deal 
with  M-(]-.\I  will  he  an  important  fac- 
tor in  ironing  out  local  price  difficul- 
ties, and  unofficially  it  is  said  the  Mid- 
land will  go  to  40  cents  in  30  days.  It 
is  known  tiiat  last  summer  I.oew's 
considered  stage  shows  for  the  Mid- 
land at  higher  admissions,  but  this 
fell  through. 

Recently,  tiie  Puhlix  Newman  and 
the  RKO  Mainstreet  joined  with  the 
Independent  Theatre  Owners'  Ass'n. 
in  an  effort  to  get  Loew's  to  raise  its 
local  toj).  Jay  Means,  president  of 
the  independents,  informed  the  New 
York  office  Kansas  City  exhibitors  of- 
fered to  eliminate  dime  admissions  and 
double  bills  if  tiie  Midland's  top  were 
set  at  40  cents  or  more.  J.  R.  Vogel 
of  Loew's  promised  something  would 
be  done  about  it.  However,  Means 
says  that  in  view  of  recent  develop- 
ments, the  independents  are  not  sure 
they  want  to  stick  by  their  original 
offer,  so  the  l()cal  price  situation  re- 
mains as  muddled  as  ever. 


Portland  Theatres 
In  Booking  Combine 

(Continued  from   paoe   \) 

William  Cutts,  i)roprietor  of  the  Ken- 
ton and  an  attorney;  treasurer,  Mrs. 
C.  B.  Hudson  of  Hudson's  Colonial : 
general  manager,  George  E.  Jackson, 
manager  of  the  Circle. 

Included  in  the  combine  are  the  Rob 
White.  Columbia.  Circle.  Alberta, 
Moreland,  Colonial,  Geller's  .Maddin, 
Walnut  Park,  Granada,  Venetian,  Ir- 
vington,  Egyptian  and  P)agdad  thea- 
tres. 


have  decided  against  it  on  the  theory 
that  business  has  not  picked  up 
enough  to  warrant  them,  and  any  ex- 
periment along  these  lines  might  stir 
up  resentment. 

Increased  costs  under  the  NRA  had 
been  worrying  showmen,  but  the  walk- 
out of  musicians  and  .stage  hands 
solved  this  problem.  Union  operators 
have  been  replaced  by  non-union  men 
in  a  number  of  spots. 


30-Hour  Week 
Is  Sought  in 
Labor  Report 

(Continued  from  page  1) 

failure  to  provide  labor  representa- 
tion on  control  committees. 

Possible  effects  of  this  recommen- 
dation on  the  labor  clauses  of  the  film 
production  and  exhibition  codes  arc 
causing   speculation   here. 

Referring  t(j  jurisdictional  disputes 
between  the  I.A.T.S.E.  and  the 
I.B.E.W  unions  and  like  troubles  in 
other  union  groups,  the  council  reported 
it  was  continuing  efforts  to  adjust  such 
disputes,  "but  by  reason  of  conditions 
growing  out  of  the  unprecedented  in- 
dustrial depression  and  the  terrible 
state  of  unemployment  there  has  been 
little  we  could  do."  Recommendation 
is  made  that  all  such  matters  be  left 
in  the  hands  of  the  executive  council 
to  continue  efforts  towards  adjustment. 


Seattle  Exchanges 
Win  Cuts  in  Taxes 

(Continued  from   page   1) 

valuation  applied  only  during  the  first 
30  days,  and  that  at  the  end  of  six 
months  the  films  were  worth  only  10 
to  20  cents  per  reel. 

The  court  held  the  film  worth  one 
and  one-half  cents  per  foot  until  six 
months  old,  and  thereafter  had  a  nom- 
inal value  of  25  cents  per  reel. 

''Henry  VHr  Gets 
Big  Paris  Opening 

P.MdS,  Oct.  I  {By  Cable)— Open- 
ing of  "The  Private  Life  of  Henry 
VIII"  at  the  Lord  Byron  here  last 
night  was  an  outstanding  social  event. 
Among  those  present  were  Princess 
Louise,  sister  of  King  (ieorge:  Lord 
Tyrrell,  British  ambassador;  Theo- 
dore Marriner,  American  charge  d'af- 
faires ;  Arthur  W.  Kelly,  Ludovico 
Toeplitz,  Carl  Laemmle,  Charles 
Laughton  and  Mrs.  Laughton,  Mau- 
rice Chevalier,  Lily  Damita,  and  the 
former  Prince  of  the  Asturias  and  his 
wife. 


New  Contract 
Form  Delayed 
By  Code  Talks 


(Continued  from  page  1) 

already  closed  are  regarded  as  almost 
certain  to  gain  for  exhibitors  any  ad- 
vantages accruing  from  the  code  and 
not  included  in  their  contracts  already 
signed. 

Caused  by  Uncertainty 

Uncertainty  as  to  the  treatment  the 
standard  contract  form  would  receive 
in  the  code  was  resix)nsible  for  the 
employment  of  individual  company 
contracts  in  early  season  selling.  Dis- 
tributors v^ere  of  the  opinion  that  less 
confusion  would  result  from  employ- 
ing a  single  contract  form,  in  the 
event  the  code  necessitates  significant 
contract  changes,  than  would  be  the 
case  if  both  a  company  contract  and  a 
standard  form  were  in  use  when  the 
ciianges  became  effective. 

This  marks  the  third  set-back  of 
efforts  to  put  a  standard  pact  into 
work  in  the  industry,  the  first  having 
occurred  with  the  failure  of  the  5-5-5 
conference  to  agree  on  a  standard 
form,  and  the  second  having  occurred 
two  years  ago  when,  after  a  form  iiail 
been  agreed  upon  by  a  majority  of 
exhibitor  representatives,  ratification 
by  distributors  was  withheld  because 
of  their  apprehension  over  possible 
conflict  with  anti-trust  laws. 

The  standard  contract  was  again 
nurtured  into  existence  by  M.  P.  T. 
O.  A.  leaders  a  year  ago  and  after 
several  months  of  confabs  was  ap- 
proved as  an  optional  form  by  six 
major  distributors,  Fox,  Paramount. 
M-(j-M.  Radio.  I'niversal  and  Co- 
lumbia. .\nti-trust  law  objections  of 
most  distributors  were  overcome  at 
that  time  when  it  was  decided  to 
make  the  contract  available  in  addi- 
tion to  individual  company  contract 
forms,  the  standard  pact  to  be  used 
only  when  reipiested  by  the  exhibitor. 
Warner  and  United  Artists  were  still 
fearful  of  anti-trust  complications, 
they  said,  and  did  not  ratify  the  pact. 


Steerman  Back  on  Job 

PiTTSiu-w;ii.  Oct.  1. — Ben  Steer- 
man,  local  auditor  for  Warners,  is 
back  on  the  job  after  six  weeks  on 
the  coast.  He  traveled  by  air  both 
ways. 


Warner  Managers  in 
Philadelphia  Shift 

Philadelphia,  Oct.  1. — Warner 
theatre  managers  are  in  the  middle  of 
what  looks  like  a  general  shift. 

L.  B.  Graver  has  been  transferred 
from  the  Stanley  to  the  Boyd,  while 
Steve  Barutio  of  the  Boyd  has  gone 
to  the  Strand,  the  former  manager  of 
which,  A.  Anderson,  is  out.  E.  Bailey 
replaces  Graver  at  the  .Stanley,  mov- 
ing over  from  the  Logan  where  A.  L. 
Ivlein  becomes  manager.  The  latter 
was  at  the  Ogontz.  Jack  Ross,  for- 
mer Stanton  manager,  has  gone  to  the 
Ogontz,  replacing  Klein.  A.  Blum- 
berg  takes  over  the  Stanton  manage- 
ment, thereby  filling  in  all  of  the  gaps 
and   shifts. 

Old  Roxy  to  Start 
Broadcasts  Tonight 

First  of  a  series  of  sponsored  radio 
broadcasts  from  the  7th  Ave.  Roxy 
stage  will  start  tonight  at  8  o'clock. 
The  plan  is  to  hold  them  Monday, 
Wednesday  and  Friday  nights  here- 
after. Louis  A.  Witten  will  be  the 
announcer,  and  Billy  Jones  and  Ernie 
Hare  will  be  featured. 


Eastern  Production  Number 


The  Leading 
Daily     ,... 
.newspaper 
ot  the' 
Motioniisj 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfur 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  79 


NEW  YORK,  TUESDAY,  OCTOBER  3,  1933 


TEN  CENTS 


NRA's  Effect 
On  Anti-Trust 
Cases  Studied 


Delay   on    Warner-F.  N. 
Trial  Looked  For 


The  possibility  that  the  anti-trust 
suit  brought  against  Warners  by  the 
Department  of  Justice  as  a  result  of 
the  acquisition  by  Warners  of  a  con- 
troUing  interest  in  First  National 
may  be  indefinitely  suspended  or 
dismissed  on  the  adoption  of  an  in- 
dustry code  to  which  Warners  is  a 
party  was  voiced  yesterday  by  cor- 
poration lawyers  associated  with  the 
case. 

The  Warner  anti-trust  suit  has  been 
pending    in    Federal    courts    here    for 

(Continued  on  page  6) 


Paramount  Will  Get 
''Anger  on  Oct.  13 

Mae  West  in  "I'm  No  Angel"  will 
alight  at  the  New  York  Paramount 
instead  of  the  Rivoli,  the  picture  go- 
ing into  the  Times  Square  house  on 
Oct.  13,  following  "The  Torch 
Singer." 

Orginally  allotted  as  one  of  the 
four  Paramount  films  for  the  Rivoli 
for  1933-34,  the  picture  was  set  to  go 
into  the  U.  A.  house  following  "Em- 
peror Jones."  With  three  new  re- 
leases on  hand.  United  Artists  decided 

(Continued   on   parte  3) 


Fox  Signs  Joe  Cook, 
To  Start  in  Spring 

Following  closely  the  engagement  of 
George  White,  Erik  Charell,  Charles 
B.  Cochran  and  Arch  Selwyn,  Sidney 
R.  Kent,  president  of  Fox,  an- 
nounced yesterday  that  he  had  signed 
Joe  Cook  to  appear  in  Fox  pictures. 

Cook  is  at  present  appearing  on 
Broadway,  and  will  be  unable  to  leave 
for  the  coast  until  the  spring.  Dave 
Chasen,  Cook's  assistant,  will  also  ap- 
pear in  the  films  with  him. 


BIP  and  ABC  Merger 
Completed, Says  Dent 

With  the  merger  of  B.I. P.  and 
A. B.C.  approved  by  the  board  of  direc- 
tors of  both  companies,  the  new  name 
of  the  company  is  Associated  British 
Pictures  Corp.,  Maurice  Arthur  Dent, 
a   director    of  both    companies,    stated 

(Continued  on   page  6) 


Production  in  the  East 
Zooming  to  a  New  High 


Kahane  Says 
Code  Goal  Is 
Now  20  Days 


Albuquerque,  Oct.  2. — If  Deputy 
Administrator  Sol  A.  Rosenblatt  is 
successful  in  his  intentions,  the  film 
industry's  code  will  be  ready  for 
President  Roosevelt's  signature  in  20 
days,  declared  B.  B.  Kahane,  president 
of  Radio  Pictures,  as  he  passed 
through  here  today  en  route  to  the 
coast.  Kahane  said  producers  have 
practically  agreed  on  all  their  pro- 
visions and  rapid  progress  is  being 
made  on  points  disputed  by  exhibitors 
and  distributors. 

Article  9  in  the  producers'  code 
governing  agent-talent-producer  nego- 
tiations and  Article  10,  pertaining  to 
"star  raids,"  will  be  more  drastic  than 

(Continued  on  page   6) 


Iowa-Nebraska  Men 
Line  Up  Code  Views 

Omaha,  Oct.  2. — Since  his  return 
from  the  Washington  code  hearings 
Lester  F.  Martin,  business  manager 
of  Allied  of  Iowa  and  Nebraska,  has 
been  lining  up  independents  in  an  ef- 
fort to  impress  Deputy  NRA  Admin- 
istrator Sol  A.  Rosenblatt  on  the 
right   to   buy   issue. 

A  letter  signed  by  a  committee  or- 

(Continued  on   page   3) 


Brandt  Code  Advisor 

Washington,  Oct.  2. — Joe 
Brandt  today  was  appointed 
oiScial  advisor  on  the  film 
code  by  the  National  Recov- 
ery Administration,  it  was 
stated  by  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt. 

Brandt  has  been  consulted 
frequently  by  Rosenblatt 
since  the  start  of  the  code 
hearings. 


Agent,  Star 
Clauses  Not 
Settled  Yet 


Washington,  Oct.  2. — Possibilities 
that  the  work  of  revising  the  indus- 
try code  will  not  be  completed  until 
almost  the  very  moment  it  is  scheduled 
to  be  submitted  to  the  industry  for 
approval  on  Wednesday  were  seen 
here  today  with  Deputy  NRA  Admin- 
istrator Sol  A.  Rosenblatt's  statement 
that  the  awaited  recommendations  on 
.\rticles  9  and  10  of  the  code  are  still 
in  the  hands  of  the  producers. 

The  clauses  relate  to  activities  of 
agents  and  restrictions  on  "star  raid- 


Sidney      R.      Kent,      Nicholas 
(Continued  on  page   3) 


M. 


Duals  " Unfair  ^^'Meyer; 
Johnston  Fights  Control 


Washington,  Oct.  2. — Duals  are 
"cut-throat  competition,"  asserts  Fred 
S.  Meyer,  chairman  of  the  committee 
on  public  relations  of  the  M.  P.  T. 
O.  A.,  in  a  letter  to  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt,  and 
he  advances  this  as  the  chief  argu- 
ment for  their  control  in  the  industry 
code. 

"Individual  decision  is  all  right 
(Continued  on  page  3) 


Dual  billing  restrictions  in  major 
company  contracts  are  a  "direct  vio- 
lation of  the  spirit  of  the  NRA  code," 
asserts  W.  Ray  Johnston,  president 
of   Monogram. 

Continuing  his  campaign  for  com- 
plete freedom  of  exhibitor  choice  on 
dual  bills,  Johnston  says:  "Major 
film  companies  have  agreed  to  strike 
the   dual   bill   clause   out   of   the   code 

(Continued  on    page   3) 


Greatest  Effort  in  Four 

Years    Maries    tlie 

Revival  Move 


The  Eastern  Production 
Number  begins  on  page  13, 
this    issue. 


More  production  activity  is  under 
way  in  and  around  New  York  than 
has  prevailed  in  the  last  four  years, 
andthe  end  is  not  yet  in  sight. 

Encouraged  by  interests  which  are 
of  the  opinion  that  the  answer  to 
sustained,  quality  production  can  best 
be  achieved  through  the  setting  up  of 
fair,  but  healthful  competition  with 
Hollywood  which  has  been  the  center 
of  90  per  cent  or  more  of  the  picture- 
making  activities  of  the  industry  since 
Paramount  pulled  up  stakes  at  Astoria 
and  concentrated  all  of  its  activity  on 
the  West  Coast,  the  move  to  return  a 
portion  of  the  industry's  production 
to  the  east  has  been  gaining  impetus 
in  the  last  few  months. 

Aside  from  most  of  the  cartoon  pro- 
ducers, who,  for  years,  have  main- 
tained headquarters  in  New  York, 
there  are  working,  or  about  to  start 
work  today,  about  20  companies  whose 
plans   include   features  and   shorts. 

Availability  of  talent,  in  view  of 
New  York's  proximity  to  the  stage 
and  radio  fields ;  elimination  of  stag- 
gering overhead  made  possible  through 

(Continued  on  page   6) 


Big  Coast  Actors 
Walk  on  Academy 

Hollywood,  Oct.  2. — Dissatisfied 
with  representation  of  the  Academy 
of  M.  P.  Arts  and  Sciences,  a  group 
of  first-string  actors  wired  their 
resignation  last  night,  to  take  effect 
at  once. 

The  wire  was  signed  by  Adolphe 
Menjou,  Robert  Montgomery,  George 
Bancroft,  George  Raft,  Ralph  Bel- 
lamy, Kenneth  Thompson,  Warren 
William,  Fredric  March,  Chester 
Morris,  James  Cagney,  Gary  Coop- 
er, Paul  Muni,  Boris  Karloff  and 
Frank  Morgan. 

The  players,  disclaiming  resentment 

(Continued  on   page   6) 


MOTION  PICTURE 

DAI  LY 


Tuesday,  October  3,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


Vol.   34 


October  3,   1933 


No.  79 


Martin  Quigley 
Editor-m-Chiei  and   Publisher 

M.^URICE  KANN 
Editor 

JAMES  A.  CRON 
Adveriisinp  Manager 


^•^r\  PUBLISHED  daily,  except  Sunday 
£  jljitid  holidays,  by  Motion  Picture 
V^^   Daily,    Inc.,   a   Quigjey   Publication, 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted.  ^       „  _  ., 

Hollywood  Office:  Pacific  States  Lite 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring 
41  Redhill  Drive,  Edgware,  London,  Eng 
land.  Berlin  correspondent:  Joachim  K 
Rutenbcra,  "The  Film  Kurier,"  Kothener 
strasse  37,  Berlin,  W.  9.  Paris  corres 
pendent:  Pierre  Autre,  19  Rue  de 
Cour  desNoues. 

Entered  as  second  class  mat- 
ter 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,     e.Kcept     ^v  -^ 
Canada:     Canada    and     foreign    « «•<>«•»"" 
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vNRA. 


Mrs.  Talmadge  Buried 

HoLLYWCX)D,  Oct.  2. — Funeral  ser- 
vices for  Mrs.  Margaret  Talmadge, 
mother  of  Natalie,  Norma  and  Con- 
stance Talmadge,  were  held  at  the 
Hollywood  Chapel  today.  Mrs.  Tal- 
madge died  Friday. 

Noted  players  and  producers  acted 
as  ushers  at  the  funeral  chapel.  Mrs. 
Talmadge  was  buried  beside  her  hus- 
band, Fred  Talmadge,  Brooklyn  real 
estate  man,  who  died  here  in  1925. 


Doivling's  Mother  Dies 

Mrs.  Bridget  Dowling  Goucher, 
mother  of  Eddie  Dowling,  died  at  her 
home  at  Limerock,  R.  I.,  Sunday.  She 
was  in  her  7Sth  year. 

In  addition  to  Dowling,  who  had 
been  with  his  mother  the  past  week, 
surviving  children  include  William  F. 
Goucher,  recently  named  U.  S.  Mar- 
shal for  Rhode  Island.  Mrs.  Goucher 
lived  in  Limerock  all  her  life. 


Cohen  Deal  on  Palace  Off 

By  mutual  agreement  RKO  and 
Sydney  S.  Cohen  have  dropped  nego- 
tiations for  a  lease  of  the  Palace  by 
the  latter.  Herman  Whitman  has  been 
appointed  manager  and  the  present 
vaudcfilm   policy   will   be  continued. 


Intelligent  Trailers 

Supreme 
Screen  Service 


Ocnexal  Jtlm   bLibiutu,   Snc. 

Jliaxiii    ^.    <XanJ«l,    riieA. 

World'!     L*r<e>t     Slock     Shot     Library 

Over  20   .Million   Peel  of  Indexed   Neiiativet 

Initanlly.  Available 

729  -  7th  Ave.      BRyam  9-4417       N.  V.  C 


Most  stocks  Show  Loss 

Net 

High      Ijow      Close  Chctnge 

Columbia     Pictures,     vtc 23  2214        23  —  Vi 

ConsoUdated    Film    Industries,   pfd SU         8%         S''A       +  % 

Eastman   Kodak   76!/2       76K        76'4       —'A 

Eastman    Kodak,    pfd... 125^      125%      125?^        —  /g 

Fox     Film     "A" 16!^        15H        15Ji        +  Va 

Loew's,    Inc 31^        30  30  —  Vt 

Pathe    Exchange    IH  1!^  i'A        ~% 

Pa  the    Exchange    "A" 8  8  8  +  ii 

RKO    27^         254         254       —Vi 

Universal    Fictures,    pfd 23  23  23  —1 

Warner  Bros 7^         7  7Ji       —  ^ 

All  Curb  Stocks  Rise 

Net 

High      Low      Close  Cluinge 

Columbia    Pictures    23J4       2354       2354        +54 

Technicolor     85^  754  8  +^ 

Trans     Lux     VA         1%         m       +  Vi 

Paramount  Broadway  Slumps  4  Points 

Net 

High      Low      Close  Chancre 

General    Theatre    Equipment    6s    '40 55^         554         55^        +5^ 

General   The'atre    Equipment    6s    '40,    ctf 354         3H         3^        ..... 

Ix5ew's    6s    '41,    WW    deb    rights 83  83  83  —  54 

Paramount    Broadway    S54s    '51 315^        3154        3154        —4 

Paramount   F.    L.   6s   '47..; 29'/.        2954       2954       -54 

Paramount    Publix    5!4s    '50 3154       3154       3154        -fl5^ 

Warner   Bros.   6s   '39,   wd 45  4454       4454        


Sales 

400 
100 
400 

3,000 
700 

2,300 
600 
300 
400 

1,000 

2,400 


Sales 

100 

1,200 

200 


Sales 

3 

15 
7 
1 
6 
3 
16 


i    Purely  Personal     ► 


DICK  HENRY,  foreign  booking 
agent  of  the  Curtis  &  Allen 
Agency,  sails  October  7  on  the  S.  S. 
Lafayette  for  a  three-day  stay  in  Lon- 
don, during  which  time  he  will  cover 
the  Crazy   Show  at  the  Palladium. 

Leon  Schlesinger,  producer  of  the 
"Looney  Tunes"  and  "Merrie  Melo- 
dies," flew  into  New  York  yesterday 
to  confer  with  Norman  H.  Moray, 
Warner  short  subject  sales  manager. 

Ernie  Hare  and  Billy  Jones  were 
tendered  a  dinner  last  night  at  the 
7th  Ave.  Roxy  in  honor  of  their  ap- 
pearance on  the  first  commercial 
broadcast   from  the  theatre. 

Ralph  Whitehead,  secretary  of 
the  Actors  Betterment  Association, 
who  was  injured  a  few  weeks  ago 
at  the  code  hearings  in  Washing^n, 
is   again   back   at  his   desk. 

MoRAN  AND  Mack  will  replace 
Harry  Rich  man  and  Milton  Berle 
on  the  Old  Gold  Hour  beginning  Oct. 
25.  This  was  arranged  through  the 
offices  of  Herman  Weber. 

Helen  Hayes  will  broadcast  a 
scene  from  her  last  picture,  "Night 
Flight,"  over  NBC  network  from 
WJZ  at  9  P.  M.  Wednesday. 

Nelson  B.  Clifford  of  Clifford  & 
Marion,  sails  October  7  on  the  S.  S. 
Lafayette  for  a  few  weeks'  stay  in 
London  to  cover  the  shows. 

Minor  and  Root  will  double  be- 
tween the  Music  Hall  and  the  Bilt- 
more  "Casino  Blue  Room"  starting 
Thursday. 

Janet  Gaynor,  accompanied  by  D. 
A.  Doran  of  the  Fox  story  depart- 
ment, left  New  York  for  Hollywood 
on  Sunday. 

"Pop"  Cameron  just  returned  from 
his  island  in  Clayton,  N.  Y.,  to  visit 
booking  offices.  He's  stopping  at  the 
.Somerset. 

Ralph  Morgan  will  return  to 
New  York  this  month  to  be  present 
on  his  mother's  83rd  birthday. 

Franct-s  Drake,  English  star,  re- 
cently signed  by  Paramount,  is  at  the 
Warwick. 


CHARLES  L.  O'REILLY  and  Sam 
Sonin  leave  for  Washington  to- 
day for  the  code  conference. 

Harry  Arthur  returns  today  from 
a  short  trip  to  New  Haven. 

Mike  Marco  arrived  in  town  yes- 
terday from  the  coast. 

Mike  Rudin,  circuit  operator,  lost 
his  father  last  week. 


Huffman  Settles  His 
Dispute  with  Union 

Denver,  Oct.  2.— With  the  settle- 
ment of  labor  trouble  involving  eleven 
houses,  Denver  again  becomes  more 
than  half  union. 

The  trouble  started  when  the  union 
fined  Fred  Schmitt,  Orpheum  orches- 
tra director,  $500  and  expelled  him 
from  the  union  on  charges  growing 
out  of  overtime  on  rehearsals.  Harry 
Huffman,  manager  of  the  Orpheum, 
stood  by  Schmitt,  and  when  the  latter 
organized  a  non-union  orchestra, 
Huffman  went  non-union  in  his  eight 
houses.  A  week  or  two  later  the 
three  houses  of  the  Civic  Theaters, 
controlled  by  Joe  Dekker  and  Tony 
Archer,  also  went  non-union. 

The  settlement  involves  taking  in 
of  the  Tabor  orchestra,  and  reinstate- 
ment of  several  who  had  quit  the 
union.  The  musicians  and  other  union 
also  fined  former  members  from  $200 
to  $500  each.  New  scales  run  from 
$35  to  $50. 


Eherson  Joins  National 

John  Eberson  has  joined  the  Na- 
tional Theatre  Supply  Co.  as  head  of 
a  new  department  of  architectural 
consultation.  The  company  will  add 
lines  of  decorative  materials  and  fur- 
nishings. 


Hess  with  Majestic 

Jack  Hess,  former  director  of  ad- 
vertising and  publicity  for  Para- 
mount Publix,  has  joined  Majestic 
Pictures  in  charge  of  west  coast  pub- 
licity. 


iiiiiiiiiiiiiiriiintniiiiitiiiiiiiiiiiiiiiiiii 


iMiniititiiiiitniiiiiiiiiii 


IT'S  UP  TO  YOU! 

Don't  wait  for  the  N.R.A.  to  pull  you  out  of  the  ditch! 


No  thinking  actor  or  actress  can  expect  the  N.R.A.  to 
cure  in  a  few  weeks  all  the  ailments  that  have  crept 
into  the  show^  business  from  its  very  beginning. 


Don't  expect  the  other  fellow  to  do  your  jobl 

The  Actors'  Betterment  Association,  Inc.,  with  the 
support  of  the  great  American  Federation  of  Labor, 
now  gives  you  the  opportunity  to  stand  for  the  things 
you  are  justly  entitled  to. 

« 

Show^  business  is  coming  back! 

Get  your  share! 

Join  the  A.B.A.! 

Write  for  your  application  blank  at  once.  Dues  are 
$12  a  year,  payable  semi-annually.  Initiation  fee,  $5. 

• 

Make  all  checks  or  money  orders  payable  to  the 

ACTORS'  BETTERMENT 
ASSOCIATION,  INC., 


228  West  47th  Street 


New  York,  N.  Y. 


Tuesday,  October  3,    1933 


MOTION  PICTURE 

DAILY 


Agent,  Star 
Clauses  Not 
Settled  Yet 


(.Continued  from   page   1) 

Schenck  and  Harry  M.  Warner  were 
here  today  to  discuss  problems  in  con- 
nection with  the  work  of  revising 
Articles  9  and  10  with  Rosenblatt, 
who  expects  to  receive  final  sugges- 
tions from  the  producers  Tuesday.  It 
is  understood  here  that,  while  these 
two  articles  are  stifi  incomplete,  and 
were  major  subjects  of  todav's  discus- 
sions, there  are  still  other  code  prob- 
lems which  Rosenblatt  took  up  with 
the  producer  representative^,  today 
with  a  view  to  obtaining  their  reac- 
tions. 

In  order  to  make  time  for  rewriting 
the  film  industry  code,  Rosenblatt  to- 
day turned  over  to  Deputy  NRA  Ad- 
ministrator A.  D.  Whiteside,  who  is 
in  charge  of  the  general  retail  code, 
the  theatrical  and  motion  picture 
equipment  industry's  code,  on  which  a 
hearing  will  be  held  Tuesday.  Rosen- 
blatt explained  that  the  equipment  in- 
dustry comes  within  the  retail  classifi- 
cation and  he  felt  that  it  should  come 
under  Whiteside's  jurisdiction.  There 
is  some  possibility,  it  was  said,  that 
the  equipment  industry  may  be  cov- 
ered by  the  general  retail  code  now 
under  consideration  unless  it  is  found 
that  particular  conditions  exist  in  the 
industry  which  would  make  the  gen- 
eral retail  codes  undesirable  for  it. 

Reports  are  current  here  that  some 
action  may  be  taken  in  the  final  film 
code  which  would  restrict  the  pay- 
ment of  bonuses  and  other  extra  com- 
pensation exclusive  of  salaries  to  in- 
dustry executives.  Rosenblatt  refused 
comment  when  asked  if  such  a  pro- 
posal had  been  suggested  by  the  Presi- 
dent in  place  of  the  reported  sugges- 
tion that  star  salaries  be  reduced. 

The  revised  code  will  be  submitted 
to  exhibitors  first  on  Wednesday  aft- 
ernoon and  later  to  producers  and 
distributors,  Rosenblatt  said. 


Iowa-Nebraska  Men 
Line  Up  Code  View 

(Continued  from   page   1) 

ganized  by  Martin  states  that  300  of 
the  600  houses  in  the  territory  are 
closed.  They  ask  equality  between 
independents  and  circuit  houses  on  the 
right  to  buy,  favor  zoning  and  pro- 
tection, elimination  of  blocking  book- 
ing, and  control  of  double  features, 
admissions  and  premiums. 

Charles  E.  Williams,  president  of 
the  MPTO  unit,  presided  at  a  meet- 
ing of  the  independents. 


I.T.O.A.  Brief  Printed 

The  I.T.O.A.  brief  filed  at  the  first 
Washington  hearing  on  the  industry 
code  in  support  of  the  exhibitors'  pro- 
posal to  make  the  code  retroactive  to 
apply  to  1933-34  contracts  already 
closed,  has  been  published  in  pamphlet 
form  by  Weisman,  Quinn,  Allan  & 
Spett,  attorney  for  I.T.O.A. 


Warner  Busy  on  NRA 

Hollywood,  Oct.  2. — Jack  L.  War- 
ner is  finding  his  job  as  chairman  of 
the  California  NRA  a  busy  one.  He 
reports  he  has  already  settled  eight 
incipient  strikes  and  acted  on  3,914 
complaints   of  NRA  violations. 


Duals  " Unfair  ^^'Meyer; 
Johnston  Fights  Control 


(Continued  from  page   1) 

where  no  one  else  is  affected,"  Meyer 
writes,  "but  in  a  matter  of  cut-rate 
competition  doesn't  the  injured  party 
also  have  some  rights?  Individual  de- 
cisions have  prevailed  in  the  past  and 
have  forced  a  large  number  of  thea- 
tres to  duals  against  their  wills.  They 
have  forced  others  to  close  because  of 
demoralized  business  and  shortage  of 
product." 

Meyer  asks  why  there  should  be 
so  much  opposition  to  leaving  the 
problem  for  local  settlement  by  a  75 
per  cent  vote. 

"Is  it  because  of  fear  that  most  ex- 
hibitors would  like  to  get  out  of  dou- 
ble feature  programs  if  they  could  be 
assured  that  the  recalcitrant  few 
couldn't  take  advantage  of  the  situa- 
tion and  again  start  double  feature 
competition." 

Later  in  the  letter  Meyer  insists 
that  dual  control  in  the  code  would 
not  hurt  the  business  of  independent 
producers. 

"Much  has  been  said  by  so-called 
independent  producers,"  he  goes  on, 
"about  putting  the  independent  pro- 
ducer out  of  business.  That  is  merely 
an  assumption  with  no  basis  in  fact ; 
the  statement  is  flatly  contradicted  by 
the  successful  distribution  at  the  pres- 
ent time  of  features  made  by  the  in- 
dependents in  many  territories  where 
there  is  little  or  no  double  featuring. 
If  there  were  any  truth  in  the  state- 
ments made  by  these  double  feature 
producers,  why  haven't  they  closed  up 
their  exchanges  in  territories  where 
double  features  have  been  abolished? 
Why  did  they  ever  open  exchanges  in 
territories  where  all,  or  nearly  all,  of 
the  theatres  run  single  features? 

Need  Good  Pictures 

"Theatres  all  over  the  country  are 
complaining  of  shortage  of  good  prod- 
uct. What  we  need  is  enough  good 
pictures  to  go  around.  There  has 
never  been  a  shortage  of  cheap  and 
shoddy  productions.  The  spread  of 
double  features  is  increasing  that  type 
of  production,  is  no  benefit  to  the  in- 
dustry, and  prompts  public  groups  to 
strenuously  protest. 

"But  to  follow  through  their  line  of 
reasoning  to  its  logical  conclusion, 
what  about  the  producers  of  short  sub- 
jects? They  actually  own  their  own 
studios  and  provide  year  round  em- 
ployment to  several  times  as  many 
people  as  are  engaged  in  double  fea- 
ture production.  Some  of  the  oldest 
and  largest  studios  are  engaged  in 
the  production  of  short  subjects,  so 
essential  to  small  country  town  theatre 
operation.  Double  feature  programs 
eliminate  or  greatly  restrict  the  use  of 
short  subjects.  Are  these  short  sub- 
ject producers  to  be  wiped  out  so  that 
the  double  feature  producers  can  'sur- 
vive'? Which  provides  the  greater 
amount  of  employment?" 

Meyer  says  continued  double  fea- 
turing forces  many  theatres  into 
cheaper  classifications  and  that  their 
spread  gradually  reduces  the  quality 
of  pictures  generally. 


Holds  Wieck*s  Option 

Hollywood,  Oct.  2.— Paramount 
has  exercised  Dorothy  Wieck's  option 
for  twenty-six  more  weeks  on  her 
present  term  contract. 


(Continued  from   page    1) 

and  they  have  agreed  that  this  ques- 
tion may  be  settled  by  the  exhibitor 
himself. 

"Then  they  add  that  the  distributor 
should  in  turn  have  the  same  privi- 
leges that  are  extended  to  the  exhibi- 
tor. There  is  no  argument  on  this 
score,  except  that  it  is  a  little  diffi- 
cult to  see  what  the  major  distribu- 
tors' interest  in  dual  billing  can  pos- 
sibly be.  It  is  quite  proper  that  he 
be  allowed  to  decide  whether  or  not 
a  show  is  to  be  a  single  or  a  double 
feature,  but  to  do  this  he  must  be  in 
the  exhibition  field.  And  now  the 
distributor  is  talking  not  as  an  exhib- 
itor, but  as  a  clearing  house  for 
films. 

"In  other  words,  majors  now  want 
to  tell  the  exhibitor  how  he  is  to  book 
his  product.  He  uses  his  rights  to 
decide  the  dual  billing  question  not  as 
an  exhibitor  but  as  a  distributor  and 
says  that  the  exhibitor,  when  he  buys 
one  of  the  major's  features  can  show 
no  other  feature  on  the  same  pro- 
gram regardless  of  whether  the  exhib- 
itor is  double  or  single  feature 
minded. 

Attempt  at  Coercion 

"This  is  a  direct  attempt  at  coer- 
cion. The  NRA  has  devoted  itself  to 
the  purpose  of  spreading  business. 
It  has  shortened  hours  so  that  more 
people  will  be  employed.  It  is  mak- 
ing credit  easier  in  the  hope  of  stim- 
ulating business  everywhere.  It 
wiped  out  the  subject  of  double  bills 
from  the  code  because  it  realized  such 
a  stand  would  be  palpably  unfair  to 
the  independents  in  the  industry. 

"The  product  of  the  majors  is  im- 
portant to  an  exhibitor.  That  is  why 
they  are  called  majors.  He  cannot- 
disregard  them  any  more  than  he  and 
the  majors  can  disregard  the  inde- 
pendents. His  public  is  educated  to 
look  for  certain  stars  and  certain 
personalities  and  major  product  is  im- 
portant to  his  welfare.  And  so  is  in- 
dependent product.  Without  the  over- 
head and  high  operating  costs  of  the 
majors,  the  independent  is  able  to 
give  the  exhibitor  added  product  at 
much  less  cost  so  that  the  exhibitor 
can  give  his  public  a  full  evening's 
entertainment,  so  where  is  the  line  of 
demarcation  between  the  independent 
and  the  major?  In  view  of  this,  I 
don't  think  the  majors  are  justified  in 
saying  that  it  is  as  much  the  exhibi- 
tor's individual  decision  as  it  is  theirs 
to  determine  whether  the  exhibitor 
is  to  deal  with  a  distributor  whose 
contracts  contain  special  rider  clauses 
forbidding   double   billing." 


Cleveland  Dual  Ban 
To  Start  on  Oct,  15 


Paramount  Will  Get 
''Anger  on  Oct,  13 

(Continued  from  page  1) 

to  book  "The  Bowery"  into  the  Ri- 
voli  tomorrow,  planning  to  follow  the 
initial  20th  Century  release  with 
"Broadway  Thru  a  Keyhole."  The 
third  picture,  "The  Life  of  King 
Henry  VIII,"  has  been  booked  into 
the   Music  Hall   starting  Thursday. 

Boris  Morros  has  been  after  the 
West  picture  and  has  held  several 
conferences  with  George  T.  Schaefer 
in  an  effort  to  book  the  film  into  the 
Paramount  for  an  indefinite  run.  De- 
cision to  switch  the  booking  was 
reached  late  yesterday  afternoon. 


Cleveland,  Oct.  2. — Oct.  15  is  the 
new  date  when  duals  are  slated  to  exit 
locally.  The  Cleveland  M.  P.  Ex- 
hibitors' Ass'n  six  weeks  ago  voted  to 
eliminate  duals  by  limiting  the  policy 
to  once  a  week  and  not  on  Saturday 
or  Sunday.  Whether  the  new  plan 
will  go  into  effect  on  the  scheduled 
date  remains  to  be  seen.  The  cutting 
of  double  bills  to  once  a  week  carries 
with  it  a  penalty  of  $100  fine  for  each 
infringement. 


STATEMENT     OF     THE     OWNERSHIP, 
MANAGEMENT,        CTRCULATION, 
ETC.,  REQUIRED  BY  THE  ACT 
OF   CONGRESS   OF   MARCH 
3,    1933 
Of  Motion  Picture  Daily,  published  daily 
except    Sunday    at    New    York,    N.    Y.,    {or 
October  1,   1933. 
State    of    New    York     ) 
County  of  New  York     )     ^^• 

Before  me,  a  Notary  Public,  in  and  for 
the  State  and  county  aforesaid,  personally 
appeared  Theodore  J.  Sullivan,  who,  hav- 
ng  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  knowledge  and  belief,  a  true  statement 
of  the  ownership,  management  (and  if  a 
daily  paper,  the  circulation),  etc.,  of  the 
aforesaid  publication  for  the  date  shown  in 
the  above  caption,  required  by  the  Act  of 
March  3,  1933,  embodied  in  section  537 
Postal  Laws  and  Regulations,  printed  on 
the  reverse  of  this  form,  to  wit: 

1.  That  the  names  and  addresses  of  the 
publisher,  editor,  managing  editor  and  busi- 
ness managers  are: 

Publisher  and  Editor-in-Chief  —  Martin 
Quigley,    1790   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  own- 
ing or  holding  one  per  cent  or  more  of 
total  amount  of  stock.  If  not  owned  by  a 
corporation,  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. 

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  se- 
curities 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,  con- 
tain not  only  the  list  of  stockholders  and 
security  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  state- 
ments embracing  affiant's  full  knowledge 
and  belief  as  to  the  circumstances  and 
conditions  under  which  stockholders  and 
security  holders  who  do  not  appear  upon 
the  books  of  the  company  as  trustees,  hold 
stock  and  securities  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  date  shown  above  is 
5,169.  (This  information  is  required  from 
daily   publications   only.) 

Theodore  J.  Sullivan, 

Business  Manager. 
Sworn    to    and    subscribed    before    me   this 
30th  day  of  September,   1933. 
(seal) 

Anna  Milbert. 
(My    commission    expires    March    30,    1934.) 


Eastern  Production 

A  Fact — Not  A  Rumor 

FIVE   GREAT   FEATURES    MADE   FOR   RELEASE 

BY  FOUR  MAJOR  DISTRIBUTING  ORGANIZATIONS 

"EMPEROR  JONES" 

Krimsky-Cochran  Production 

A  UNITED  ARTISTS  Release 


''Moonlight  and  Pretzels^^ 

Rowland'Brice  Production 

A  UNIVERSAL  Release 

"TAKE  A  CHANCE^' 

Schwab'Rowland'Brice  Production 

A  PARAMOUNT  Release 

'THE  GREAT  ADVENTURE'^ 

Arnold  Production 

A  PARAMOUNT  Release 

"MIDNIGHT'^ 

AH  Star  Production 

Release  to  be  announced 

SHORT  SUBJECTS  IN  PRODUCTION 

24  TWO  REELERS 

for 

EDUCATIONAL-FOX  RELEASE 

Watch  Our  Announcements  of  Future 
Feature  and  Short  Subject  Productions 

EASTERN   SERVICE  STUDIOS,  Inc. 

Executive  Officer 

FISK  BLDG.,   BROADWAY   AT   57th   STREET,   N.  Y.  C.  TELEPHONE  COL  5-6074 


The  studio  pictured  here  formerly  operated  by  Para- 
mount is  located  in  Astoria,  L.  I.,  1 J  minutes  from 
Times  Square,  consists  of  five  stages,  the  main  stage 
being  217  feet  by  120  feet.  Stages,  projection  rooms, 
cutting  rooms,  dressing  rooms,  etc.,  are  equipped  to 
the  highest  degree  for  productions,  regardless  of  their 
size.  Productions  recently  completed  at  the  above 
plant  include  "Moonlight  and  Pretzels"  and  "The 
Emperor  Jones." 


^Wl  DE 


Ri%M  CE 

^Electric 


SYSTEM. 


Most      Complete 

"Wide    Range"    Recording 

and       Re-recording 

Facilities     in     the    World 


AT     THE     SOURCE 

New  York  and  the  great  island 
of   Manhattan   is   the  place 

Where  the  people  are 
Where  the  money  comes  from 
Where  the  market  is  and  selling  begins 
Where  the  scientific  laboratories  serve  the  modern  screen 
Where  the  technicians  are  taught  and  made 
Where  the  stories  come  from 
Where  the  literature  and  drama  of  the  nation  originate 
Where  the  stars  of  the  world  are  created 
The  neighbor  of  Broadway,  the  capital  of  the  amusement  world 
and  its  creative  arts: 

EA'STERN    SERVICE    STUDIOS,    Inc 


This  studio  is  located  in  the  Bronx,  New  York,  consists  of 
two  stages,  the  main  stage  measuring  98  by  72  feet  in  size, 
with  same  modern  facilities  available  as  offered  in  the 
Astoria  plant.  Recent  productions  completed  at  the  above 
studio  include  "Midnight,"  series  of  Lambs'  Club  shorts, 
Tom  Howard  shorts,  and  a  series  of  Two-Reel  Musicals  for 
Universal  release. 


MOTION  PICTURE 

DAILY 


Tuesday,  October  3.    1933 


Production  in 
East  Zooming 
To  New  ffigh 


(Continued  from  page  1) 
use  of  studio  facilities  on  a  "per  day" 
cost  basis  and  hiring  of  players  at 
prices  below  the  standard  current  on 
the  coast  are  the  principal  factors 
which  are  proving  intriguing  and  of 
concrete  value  to  producers  who  have 
made  some  product  here  and  propose 
continuing  without  interruption. 

Additional  impetus  will  come  to 
the  movement  when  features  turned 
out  in  New  York  in  the  last  few 
months  have  had  full  opportunity  to 
demonstrate  their  value  at  the  box- 
office. 

The  general  anticipation  is  that  the 
New  York  experiment  will  then 
emerge  out  of  that  classification  and 
take  hold  again  as  a  permanent  ad- 
junct to  the  Hollywood  scene. 

Won't    Replace   Hollywood 

Those  interested  in  eastern  produc- 
tion declare  they  have  no  idea  of  at- 
tempting to  suggest  any  replacement 
for  Hollywood.  They  say  they  appre- 
ciate the  fact  that  millions  are  in- 
vested in  studio  equipment  and  facili- 
ties on  the  coast  and  add,  further,  they 
understand  why  Hollywood  probably 
will  continue  as  the  principal  source 
of  production.  At  the  same  time,  the 
obvious  advantages  of  New  York  and 
its  closeness  to  sources  of  talent  and 
material,  they  maintain,  are  not  to  be 
discounted.  Neither  should  they  be 
overlooked  for  the  freshness  which 
they  can  inculcate  in  the  production 
viewpoint,  it  is  argued. 

As  an  evidence  of  its  confidence 
that  pictures  can  and  will  be  made  in 
New  York  in  increasing  numbers, 
Erpi,  which  now  controls  the  Eastern 
Service  Studio,  formerly  the  Para- 
mount plant,  is  seriously  considering 
complete  renovation  and  modernizing 
of  that  studio  or  construction  of  an 
entirely  new  one  on  a  site  close  to 
Times   Square. 


Report  Consolidated 
Gets  Biograph  Plant 

Consolidated  Film  Industries  last 
night  was  reported  to  have  taken  over 
the  former  Biograph  studio  in  the 
Bronx  and  to  have  placed  George 
Hirliman  in  charge,  thereby  indicat- 
ing the  laboratory  company  proposed 
to  continue  financing  independent  pro- 
ducers in  the  East. 

The  olant  will  be  remodeled.  Ches- 
ter Erskine  will  operate  there. 


"March  of  Years"  Is 
Up  to  a  Total  of  26 

"March  of  the  Years,"  a  short  se- 
ries in  which  are  reenacted  headline 
stories  of  former  years,  now  are  be- 
ing made  as  one-reelers  and  the  total 
number  increased  from  13  to  26.  Co- 
lumbia distributes. 

The  first  six  are  completed,  while 
work  starts  on  a  new  batch  next  week 
at  the  Fox  Movietone  News  studio. 
Louis  de  Rochemont  is  director  and 
Beverly  Jones,  his  assistant.  Peter 
Naphen  is  president  of  the  producing 
company. 


Kahane  Says  Code  Goal 

Is  Now  Twenty  Days 


(Continued  from  page   1) 


the  original  drafts,  Kahane  predicted. 
This  will  be  revealed  when  Rosenblatt 
presents  the  tentatively  completed  code 
on   Wednesday. 

While  agreeing  there  is  a  "big 
story"  behind  the  new  clause  banning 
"raids"  on  talent,  the  Radio  Pictures 
president  refused  to  divulge  the  infor- 
mation, but  said  "some  day"  it  could 
be  told.  He  was  non-committal  on  the 
present  status  of  the  clause  and  re- 
fused to  say  whether  Article  10  had 
been  completed  in  revised  form,  and, 
if  not,  what  hindrances  had  been  in- 
terposed. He  intimated,  however,  that 
a  new  set  of  regulations  on  "raiding" 
was  in  work  and  freely  declared  that 
the  only  opposition  had  been  inspired 
by  the  actors'  branch  of  the  Academy. 

"If  they  get  Article  10  as  originally 
proposed  they  will  be  lucky,"  Kahane 
commented. 

Revision  of  Article  9,  circumscrib- 
ing agents'  activities,  has  been  com- 
pleted and  the  article  strengthened,  he 
said.  Besides  specifying  rules  and 
regulations,  the  article,  as  revised, 
provides  for  their  administration  by  a 
code  authority,  which  is  authorized  to 
draft  new  regulations  and  make  re- 
visions as  necessity  demands. 
Will  Stop  Chiselers 

"This  is  designed  to  eliminate  the 
crooks  and  chiselers  among  the 
agents,"  Kahane  said,  pointing  to  in- 
stances where  players  are  hidden  away 
just  when  shooting  is  about  to  begin 
and  their  agents  holding  out  for  higher 
salaries.  He  indicated  that  Rosenblatt 
was  in  sympathy  with  the  effort  to 
inject  ethics  into  agent  relations  and 
quoted  the  administrator  as  describing 
agents  as  "a  mole  on  the  hippopota- 
mus's back." 

"It  is  an  easy  matter  now  to  write 
a  code,  as  the  disputed  points  have 
been  revised  and  rehashed  so  many 
times,  the  administrator  knows  just 
where  everyone  stands,"  declared  Ka- 
hane. "The  main  thing  was  to  get  the 
provisions  lined  up.  This  has  largely 
been  done.  Controversial  sections 
have  been  left  open  pending  agree- 
men,  and  all  that  remains  is  to  fill 
them  in  as  soon  as  they  are  written 
in  legal  form." 

With  the  producers'  portion  of  the 
code  "just  about  finished,"  serious  ob- 
stacles remaining  are  differences  over 


the  exhibitors'  right  to  buy  and,  con- 
trawise,  the  distributors'  right  to  sell, 
as  well  as  arguments  over  double  bills, 
giveaways  and  premiums.  These  issues, 
kept  alive  and  burning  by  the  inde- 
pendent exhibitors,  are  causing  the 
chief  delay,  according  to  Kahane. 

If  opposing  factions  become  hope- 
lessly deadlocked  on  these  questions 
and  reapproachment  seems  impossible, 
there  remains  the  eventuality  of  ad- 
ministration intervention  and  an  order 
from  President  Roosevelt  or  Gen. 
Hugh  S.  Johnson  to  Rosenblatt  to 
write  a  code.  In  this  event,  agreement 
by  the  industry  will  still  have  to  be 
obtained,  Kahane  said.  He  confirmed 
that  the  President  is  keeping  a  watch- 
ful eye  on  film  code  progress,  as  evi- 
denced by  his  recent  calling  in  of  Ros- 
enblatt. 

Says   Labor   Terms   Met 

"If  it  were  only  a  matter  of  agree- 
ment on  labor,  the  code  would  have 
been  completed  in  the  first  two  or 
three  days,"  continued  Kahane,  "as 
producers  and  distributors  had  volun- 
tarily complied  with  NRA  provisions, 
increasing  their  overhead  between 
$8,000,000  and  $10,000,000  a  year. 
President  Green  of  the  American  Fed- 
eration of  Labor  admitted  at  the  hear- 
ing this  was  the  first  industry  to  re- 
spond so  generously.  The  administra- 
tion is  appreciative  of  the  way  the 
industry  has  met  the  call  of  the  NRA. 

"Labor  demands  are  no  problem  to 
the  affiliated  circuits,  because  we  have 
had  from  two  to  four  operators  man- 
ning the  projection  machines  right 
along.  It  is  a  tough  problem  for  the 
independent  exhibitors,  however,  as 
the  demand  for  a  man  behind  every 
machine  is  a  hardship  on  the  small 
exhibitor.  But  I  expect  this  will  be 
straightened  out  by  Wednesday." 

Kahane  said  he  speeded  back  to  the 
coast  before  completion  of  the  code 
for  two  reasons :  First,  because  Mer- 
ian  C.  Cooper,  production  chief  at 
Radio  studios,  is  ill  and  will  not  return 
to  work  possibly  another  month,  this 
necessitating  Kahane's  presence  at  the 
studio.  And  because  for  the  last  60 
days  he  has  been  devoting  much  time 
to  the  code,  in  addition  to  the  fact 
that  the  work  of  the  producers'  com- 
mittee, of  which  he  is  a  member,  is 
virtually  completed. 


Big  Coast  Actors 
Walk  on  Academy 

(Continued  from  Page  1) 
against  the  Academy,  said  their  action 
was  prompted  by  the  belief  "an  or- 
ganization for  actors  only  can  pro- 
duce better  results  for  the  members 
of  our  profession." 

The  actors  first  started  organizing 
at  Oiester  Morris'  home  last  June  8 
under  the  name  of  the  Screen  Actors' 
Guild.  Action  at  the  home  of  Frank 
Morgan  last  night,  spurred  on  by  dis- 
satisfaction over  the  way  they  were 
represented  at  the  Washington  code 
hearings,  caused  them  to  send  a  wire 
to  Deputy  Administrator  Sol  A.  Ro- 
senblatt informing  him  of  the  step 
they  had  taken  and  protesting  vehe- 
mently against  Articles  9  and  10  and 


against  any  form  of  a   salary-control 
board. 

A  committee  met  late  today  to  .de- 
vise plans  for  the  immediate  forma- 
tion of  the  Screen  Actors'  Guild  to 
include  the  entire  profession.  J.  T. 
Reed,  head  of  the  Academy,  has  given 
out  no  statement.  He  has  called  a 
special  meeting  of  the  board  of  gov- 
ernors and  executives  of  all  the 
branches  of  the  Academy  for  tonight 
to  decide  on  action  to  be  taken  by 
the  Academy.  The  conference  was 
still  in  session  at  a  late  hour. 


Novis,  Wife  in  Hospital 

Hollywood,  Oct.  2.— Donald  Novis 
and  his  wife,  the  former  Juliette  Bur- 
nette,  are  both  in  the  Hollywood  Hos- 
pital. He  is  recovering  from  a  tonsil 
operation  and  she  from  a  more  serious 
one. 


NRA's  Effect 
On  Anti-Trust 
Cases  Studied 


(Continued   from  page   1) 

more  than  two  years.  Trial  of  the 
case  comes  up  on  the  U.  S.  District 
Court  calendar  here  this  week,  at 
which  time  it  will  be  put  over  to  early 
November,  it  was  stated  yesterday. 

In  what  manner  the  NRA  will  af- 
fect this  and  similar  cases,  if  at  all, 
is  expected  to  be  decided  in  the  mean- 
time, probably  by  Attorney  General 
Homer  S.  Cummings.  No  anti-trust 
case  originated  by  the  Department  of 
Justice,  such  as  the  one  pending 
against  Warners,  has  been  brought  to 
trial  since  NRA  codes  for  industry 
have  gone  into  effect.  Hence,  it  is  re- 
garded as  likely  that  the  disDosition 
of  the  government's  suit  against  War- 
ners may  establish  a  precedent  for 
cases  of  this  kind,  with  suspension, 
dismissal  or  continuation  of  prosecu- 
tion of  the  case,  the  order  as  the 
government  may  decide. 

A  basic  NRA  provision  grants  sus- 
pension of  the  Federal  anti-trust  laws 
to  the  component  parts  of  industries, 
the  codes  of  which  have  been  ap- 
proved and  adopted.  Whether  or  not 
the  government  is  inclined  to  give  a 
retroactive  interpretation  to  this  pro- 
vision which  would  result  in  cancell- 
ing prosecution  of  anti-trust  suits 
brought  by  itself  remain  to  be  seen. 
The  Warner  case  may  be  the  first  to 
settle  the  question. 

Counsel  for  Warners  in  the  anti- 
trust case  are  inclined  to  believe  that 
the  case  will  be  directly  affected  by 
the  NRA  supervision  of  this  industry 
through  the  forthcoming  code. 


BIP  and  ABC  Merger 
Completed,  Says  Dent 

(Continued  from  page    1) 

yesterday.  John  Maxwell  is  chairman 
jf  the  board. 

Merging  of  British  International 
Pictures  Corp.  and  Associated  British 
Cinemas  Corp.  gives  the  new  company 
control  of  more  than  185  theatres  op- 
erated by  A.  B.  C.  Directoris  of 
B.I. P.  at  their  meeting  late  last  week 
voted  a  five  per  cent  dividend,  Dent 
said. 

Directors  of  Associated  British  Pic- 
tures Corp.  are  Maxwell,  Dent,  in 
charge  of  distribution;  Sir  Clement 
Klimlock  Cooke,  Bart,  K.  G. ;  E.  J. 
Scrimegour,  and  James  Denny  Bright. 

Several  changes  will  be  made.  Dent 
stated,  to  effect  economics. 


M-G-M  to  Do  Film 
In  Brazil  Jungles 

Hollywood,  Oct.  2. — Having  reached 
the  finishing  stages  on  an  Arctic 
picture,  M-G-M  is  now  planning  a 
tropical  production  with  the  Tariano 
Indian  country  in  southern  Brazil  as 
the  locale.  It  will  be  called  "Jungle 
Red  Man."  I'lans  have  been  under 
way  for  five  months  with  E.  J.  Man- 
nix  in  charge. 

Harry  Rapf  will  be  the  producer, 
with  Richard  Rosson  as  director  and 
Harold  Noice,  explorer,  as  technical 
adviser.  Forty-passenger  Pan-Amer- 
ican planes  will  be  used  for  trans- 
portation, with  Miami  as  the  starting 
point.  It  is  expected  the  trip  will  last 
nine  months. 


A^p*' 


NOT    CROWING 


■  '       M 


JUST     GROWING 


OJ^ 


Joe  COOK 


the  ever-grovring 
"who's  who"  of 
FOX  manpower! 

•  To  star  in  two  a  year  for  FOX.,  .the  first 
to  start  production  this  coming  spring. 

•  Joe  Cook  . .  .  merry  maestro  of  nonsense 
and  cock-eyed  machinery  . . .  star  of  "Rain 
or  Shine",  "Earl  Carroll's  Vanities",  "Fine 
and  Dandy". . .  topping  them  all  with  his  cur- 
rent Broadway  smash  "Hold  Your  Horses." 

•  And  with  him,  stooge  Dave  Chasen . . , 
of  the  matted  hair,  wild  eyes,  waving  palm. 

•  They'll  lift  your  mortgage  and  throw  it 
over  their  left  shoulder. 


'/Off 


rff^ 


ffpSW//^ 


w/rff 


jpfli 


MOTION  PICTURE 

DAILY 


Tuesday,  October  3,   1933 


Johnson  Asks 

More  Ads  to 
Speed  Upturn 


Washington,  Oct.  2.— A  plan  to 
speed  national  industrial  recovery, 
which  will  be  based  on  "aggressive 
and  consistent  advertising,"  is  under 
development  here  by  Administrator 
Hugh  S.  Johnson,  and  will  be  ready 
for  leading  manufacturers  and  adver- 
tisers throughout  the  country  within 
the  next  few  days. 

Communications  have  already  gone 
out  to  the  iTianufacturers  and  adver- 
tisers setting  forth  the  NRA's  rea- 
sons for  believing  that  the  turning 
point  in  the  nation's  buying  power  has 
been  reached  and  proposing  two 
courses  of  action  for  immediately  in- 
creasing sales.  One  is  "aggressive  and 
consistent  advertising,"  and  the  other 
is  the  introduction  of  new  artd  im- 
proved merchandise  which  may  have 
been  withheld  from  the  market  in  the 
belief  that  the  public  lacked  the  buy- 
ing power  and  the  inclination  to  ab- 
sorb it. 

General  Johnson,  in  his  communi- 
cation, points  out  that  the  NRA  has 
collected  "indisputable  evidence"  that 
the  American  public  is  now  ready  and 
able  to  buy.  In  substantiation,  he 
says  that  the  "fear  of  spending"  which 
has  restrained  many  who  had  money 
from  buying  is  being  dissipated  by  the 
following  NRA  evidence  pointing 
toward  a  more  secure  future : 

Cites   Statistics 

"Factory  employment  was  up  24  per 
cent  in  August,  1933,  as  against  the 
same  month  last  year. 

"Industrial  production  was  up  71 
per  cent  in  July,  1933,  as  against  the 
same  month  last  year. 

"Business  failures  showed  a  decrease 
of  47  per  cent  in  August,  1933,  as 
against  the  same  month  last  year. 

"Farm  prices  went  up  33  per  cent 
in  July,  1933,  as  against  the  same 
month  last  year." 

Supporting  his  contention  that  "pub- 
lic fear  is  passing,"  General  Johnson 
offers  the  following  evidence,  compiled 
from  NRA  surveys : 

"Payrolls  were  up  40  per  cent  in 
August,  1933,  as  against  the  same 
month  last  year. 

"Carloadings  were  up  23  per  cent 
in  August,  1933,  as  against  the  same 
month  last  year. 

"Automobile  factory  sates  were  up 
38  per  cent  in  June,  1933,  as  against 
the  same  month  last  year. 

"Steel  ingot  production  was  up  245 
per  cent  in  August,  1933,  as  against 
the  same  month  last  year." 

"In  view  of  these  developments," 
Administrator  Johnson's  communica- 
tion states,  "we  believe  that  the  oppor- 
tune moment  is  at  hand  for  American 
industry  to  bend  every  efifort  toward 
increased  sales.  There  is  no  longer 
any  reasonable  doubt  that  the  public 
is  beginning  to  shop  again  and  to  look 
toward  replacements  for  its  worn-out 
possessions. 

"American  industry  must  help  the 
public  to  find  the  goods  it  needs.  The 
modern  method  is  advertising.  The 
American  public  looks  to  advertising 
for  news  of  good  merchandise  and 
good  values." 


Looking    ^Em    Over 


''Bombshell" 

{M-G-M) 

Hollywood,  Oct.  2. — Detailed  review  of  "Bombshell,"  covered  by  Motion 
Picture  Daily  in  a  flash  wire  on  Friday : 

Laughs  topping  laughs  punctuated  the  showing  of  "Bombshell"  at  a  neigh- 
borhood house  preview  the  other  night.  Such  loud  and  lusty  laughter,  rolling 
in  such  volume  and  in  such  rapid  succession,  rates  "Bombshell"  as  one  of  the 
fastest,  as  well  as  funniest  films  in  the  last  year. 

In  "Bombshell"  Jean  Harlow  cartoons  the  portrait  of  an  "If,  But  and 
which"  gal,  sparked  with  plenty,  going  through  all  her  own  tempests  in  the 
teapots  the  dome  of  her  press  agent  conjures  up,  to  land  her  on  the  front  page. 

It's  all  like  a  flock  of  fan  magazine  stories  sprung  to  life.  It's  like  a 
cash  girl's  imagination  run  riot  about  her  favorite  star — her  home  life — her 
sweeties — and  her  unsung  press  agent.    But  it's  grand  fun  in  the  grand  manner. 

Harlow,  with  her  two  rum-blossoms,  Papa  and  Junior — her  colored  maid 
and  three  sheep  dogs — her  sassy  secretary  and  her  parties — her  nit-wit 
interviews — her  director  and  his  ardor — her  press  agent  and  his  pranks — her 
marquis  and  the  Federal  dicks — a  nut  who  believes  he  is  her  former  husband — 
her  adopted  baby — her  blueblood  lover — all  explode  and  scramble  like  a 
funny  page,  sky-rocketing  on  a  greased  roller  coaster. 

Of  course,  it's  all  tongue-in-the-cheek  tomfoolery  about  a  Hollywood  star — 
a  juicy  morsel  for  those  in  the  know,  bringing  in  star  names  and  inside 
secrets  that  have  made  the  town  talk.  It's  all  slick  and  mad,  and  lowdown 
even  for  outsiders,  expertly  built  and  milked  for  big  laughs,  which  it  gets 
with  triphammer  precision. 

Harlow  gives  a  glowing,  as  well  as  shaded  performance,  wringing  every 
ounce  of  comedy  and  pathos  from  a  luscious  flesh  and  blood  part  which 
elevates  her  to  an  attraction  of  first  magnitude.  La  Harlow,  once  a  pretty- 
pretty,  now  looms  as  a  big  bet  of  the  screen.  She  runs  the  spectrum  of 
emotions  and  reveals  plenty  in  face,  figure,  fashion  and  feeling — no  foolin'. 

Lee  Tracy,  as  the  passionate  press  agent  himself,  rates  star  lighting  by 
this.  His  rapid-fire  chatter,  his  trigger  mind  and  the  hoke  stunts  are  a 
cyclonic  treat. 

Frank  Morgan  enlivens  the  comedy  by  a  flawless  caricature  of  the  star's 
father.  Pat  O'Brien  makes  the  director  a  great  human  guy.  Franchot  Tone, 
always  greeted  by  "ah's"  from  the  femmes,  is  the  star's  big  moment.  Una 
Mericel  and  Ted  Healy  are  comedy  highlights  well  etched.  Hal  Rosson,  the 
star's  husband,  is  one  of  the  cameramen. 

Victor  Fleming's  direction  is  well-timed  for  heart  interest  and  well  primed 
for  laughs.  "Bombshell"  matches  his  direction  of  "Common  Clay"  in  the 
dift'erent  metier  of  comedy.  The  screen  play  by  John  Lee  Mahin  and  Jules 
Furthman  is  a  model  for  comedy  procedure. 

"Bombshell"  is  an  exploitation  natural,  dovetailing  the  front  page  antics 
of  Jean  Harlow  in  real  life  with  the  front  page  proclivities  of  the  star,  Lola 
Burns,  in  the  film.  It  should  do  exceptional  box-office  business.  The  nation 
is  crying  for  laughter. 

VIC     SHAPIRO. 


i<r 


The  Avenger" 

{Monogram) 

Satisfactory  entertainment  and  likely  to  please  generally.  It  has  an  inter- 
esting plot  and  is  well  produced.  The  sets  are  unusually  attractive  and  with 
Ralph  Forbes  and  Adrienne  Ames  as  name  value,  it  is  certain  to  get  over. 

Framed  and  sent  to  prison  by  a  political  clique  of  six  for  his  attacks  on 
them,  Forbes,  an  assistant  district  attorney,  avows  revenge.  Getting  the  hero 
out  of  the  way  had  a  dual  motive  behind  it  as  far  as  Arthur  Vinton,  head  of 
the  clique,  was  concerned.  In  addition  to  the  political  angle  there  was  Miss 
Ames,  Forbes'  sweetheart,  in  whom  Vinton  was  interested.  His  plan  works 
out  nicely  when  she  marries  him. 

While  in  prison  one  of  the  clique  is  brought  in.  When  he  later  makes  an 
attempt  to  escape,  he  is  mortally  wounded.  He  confesses  to  the  plot  and  this 
aids  Forbes  in  getting  out.  Vinton  kills  one  of  his  cohorts  when  he  shows 
signs  of  weakening  and  the  other  three  are  caught  by  Forbes  and  held  pris- 
oners in  an  out-of-the-way  shack. 

Fearing  he  is  to  meet  his  death,  Vinton  commits  suicide,  but  makes  it 
appear  that  his  wife  was  responsible  for  it.  However,  the  hero  clears  that 
up  and  he  is  reunited  with  Miss  Ames  for  the  final  fadeout. 

In  the  cast  are  Claude  Gillingwater,  Charlotte  Merriam,  J.  Carrol  Naish. 
Burton  Churchill,  Murray  Kinnell,  Thomas  Jackson,  Paul  Fix,  James  Don- 
Ian,  Leonard  Carey  and  Boothe  Howard.     Edward  L.  Marin  directed. 


Jaffe  Joins  Columbia 

Hollywood,  Oct.  2. — With  plans 
for  producing  on  his  own  "The  Mad 
Dog  of  Europe"  dropped,  Sam  Jafife, 
formerly  associate  producer  for  Radio, 
has  joined  Columbia  as  assistant  to 
Sam  Briskin,  general  manager  of  the 
studio. 


Lloyd  on  Way  Here 

Harold  Lloyd  is  due  in  from  the 
coast  tomorrow.  One  of  the  reasons 
for  his  visit,  he  says,  is  a  search  for 
a  leading  woman  for  his  next  picture. 


Mae  Loyal  to  Para. 

Hollywood,  Oct.  2. — Mae  West 
declares  she  intends  to  confine  her 
picture  activities  to  Paramount,  de- 
spite the  fact  that  her  contract  per- 
mits her  to  work  for  other  companies 
between  films. 


Sylvia  Sidney  Better 

Sylvia  Sidney  is  recovering  from 
another  throat  operation  at  the  Wal- 
dorf-Astoria, but  expects  to  be  able 
to  get  away  to  the  coast  to  resume 
work  at  Paramount  early  next  week. 


Glory"  Big 
Seattle  Draw 
With  $5,250 


Se.\ttle,  Oct.  2. — "Morning  Glory" 
at  Hamrick's  Music  Box  was  the 
prize  winning  attraction  last  week, 
with  a  take  of  about  $1,250  over  the 
normal  $4,000.  It  goes  into  a  second 
week.  "Paddy,"  the  Next  Best 
Thing,"  at  the  Fifth  Avenue,  hit 
$7,500,  over  average  by  $500.  "This 
Day  and  Age"  at  the  Paramount  did 
normal  business.  "Tarzan,  the  Fear- 
less" at  the  Roxy  was  good  for  about 
$6,000,  better  than  previous  weeks, 
and  the  dual  bill  at  the  Liberty  showed 
a  slight  increase  in  gross. 

Total  first  run  business  was  $32,000. 
Average  is  $31,500. 

Estimated  takings  for  the  week  end- 
ing Sept.  30: 

"I    LOVED    A    WOMAN"    (F.    N.) 

BLUE  MOUSE— (950),  25c-35c-40c-55c,  7 
days,  2nd  week.  Gross:  $3,500.  (Average, 
first    week,    $4,000.) 

"PADDY,    THE    NEXT    BEST    THING" 
(Fox) 

FIFTH  AVENUE— (2,750),  2Sc-3Sc-40c- 
55c,  7  days.  Gross:  $7,500.  (Average, 
$7,000.) 

"STUDY    IN    SCARLET"     (World    Wide) 
"SKYWAY"    (Monogram) 

LIBERTY— (1,800),  10c-15c-25c,  7  days. 
Gross:   $4,000.     (Average,  $4,000.) 

"MORNING   GLORY"    (Radio) 

MUSIC     BOX-(950),     25c-3Sc-40c-SSc,     7 
days.     Gross:   $5,250.     (Average,  $4,000.) 
"THIS    DAY    AND    AGE"    (Para.) 

PARAMOUNT— (3,050),    25c-35c-40c-5Sc,    7 
days.     Gross:    $5,750.      (Average,   $6,000.) 
"TARZAN,    THE   FEARLESS"    (Principal) 

RO.XY— (2,275),  25c-35c-S0c,  7  days. 
Gross:   $6,000.     (Average,  $6,500.) 


Billie  Burke  Signed 
By  Samuel  Goldwyn 

Hollywood.  Oct.  2. — Billie  Burke 
today  signed  a  long  term  contract  with 
Samuel  Goldwyn. 

Since  the  death  of  Mrs.  Burke's 
husband,  Florenz  Ziegfeld,  Goldwyn 
has  acted  as  advisor  to  Miss  Burke. 


William  Schenck  Weds 

Hollywood,  Oct.  2.  —  WilHam 
Schenck,  United  Artists  studio  cashier 
and  Evelyn  Carpenter,  chorus  girl  in 
Goldwyn's  "Roman  Scandals,"  have 
secretly   married. 

Last  week  Bobby  Webb,  U.  A.  cast- 
ing director,  was  blended  with  Bobby 
Roberts,  another  chorus  girl  in  the 
same  picture.  Schenck  formerly  was 
assistant  to  Webb. 


Santell  Europe  Bound 

Hollywood,  Oct.  2. — Alfred  San- 
tell, Radio  director,  sneaked  off  to 
Kurope  on  the  Paris,  while  local 
studio  heads  were  in  the  dark  he  had 
even  left  Hollywood. 

Santell  has  just  finished  megaphon- 
ing  "Beautiful"   for   Radio. 


"Sally  and  Jimmy"  Starts 

Hollywood,  Oct.  2. — "SaJly  and 
Jimmy"  is  under  way  again  at  Fox, 
following  the  recent  rift  between  Sally 
Filers  and  the  studio. 

The  studio  says  the  title  will  not 
be  changed.  Claire  Trevor  is  the  new 
feminine  lead  opposite  James  Dunn. 


Open  in  Bayonne  Nov.  1 

Warners  plan  to  oi>en  the  recently 
acquired  Strand,  Bayonne,  before 
Nov.  1.  Rudolph  Kuehn,  manager  of 
the  DeWitt,  same  city,  will  include 
the  Strand  management  in  his  duties. 


CROWDS 

are  flocking  to  the 
Criterion  Theatre, 
New  York,  NOW,  to 
see  the  impossible 
on  the  screen  at 


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''One  of  the  most  ex- 
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"Thrills  are  intense." 
-  N.  y.  Mirror 


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for  a  quick  cleanup!..PIay  it 
NOW -Now,  while  the  crowds 
are  flocking  to  its  two-a-day 
showing  on  Broadway!..Now, 
while  the  word  is  flaming  all 
over  the  country  that  it's  a  BIG 
ONE!..Now!..NOW!!..NOW!!! 


With  ROD  LA  ROCQUE,  LEN^ 
RIEFENSTAHL,Gibson  Gowrand, 
Ernst  Udet.  Story  by  Dr.  Arnold 
Fanck.  Music  by  Paul  Dessau. 
Directed  by  Tayr.  Garnett. 
Presented  by  Car^f  Laemmle. 

A  UNIVERSAL  SPECIAL 


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Not  Covered  in  Any  Code 


T 


HE  code  may  tell  the  industry  how  to 
go  on  double  features,  the  right  to  buy,  designated 
playdates,  picture  cancellations,  score  charges  and  the 
like,  but  it  won't,  because  it  cannot,  supply  any  cure-all 
for  quality  production.  The  keystone  of  the  entire 
celluloid  structure  rests  on  what  the  public  gets  from 
the  screen.  And  that's  a  job  for  the  business  itself 
to  handle. 

Waging  a  difficult  fight  against  Hollywood's  indif- 
ference and  obstructionist  tactics,  against  technical 
facilities  in  studio,  camera  and  sound  which  are  not  all 
they  should  be,  against  labor  unions  which  are  not  as 
cooperative  as  they  might,  there  is,  nevertheless,  build- 
ing up  slowly  and  surely  an  answer  to  the  one  vital 
issue  which  the  code  cannot  furnish.  It  is  Eastern 
production. 


H 


OLLYWOOD  will  continue  to  re- 
main the  chief  stamping  ground.  Any  idea  designed 
to  interest  the  major  companies  in  pulling  up  stakes 
for  a  trek  Eastward  would  be  as  futile  as  it  would  be 
pointless.  The  Gold  Coast  has  the  edge,  for  what- 
ever the  reasons  may  be  and  so  it  will  continue. 

Out  of  its  complete  dominance  of  the  situation, 
however,  have  grown  practically  all  of  the  evils  which 
bedevil  production  today:  provincial,  insular  points  of 
view  and  dictatorship  complexes  which  decide  the  road 
down  which  a  nation's  entertainment  is  to  travel ; 
nepotism,  cliques  and  claques  and  a  social  system  that 
is  vicious  of  itself  and,  what  is  more  to  the  point, 
vicious  because  of  the  consequences  it  heaps  on  the 
commercial  task  of  turning  out  pictures  that  will  make 
investments  profitable. 

Hollywood  is  the  big  "I  am,"  the  great  "know  all," 
the  land  of  cloud  walkers.  As  long  as  its  supremacy 
remains  unchallenged,  just  so  long  will  the  industry 
continue  to  take  it  where  it  hurts  most. 


r  RINCIPALLY  because  the  tail  has 
been  wagging  the  dog  has  HoUyAvood  been  successful 
in  maintaining  its  divine  right  of  production.  What- 
ever is  determined  for  the  rest  of  the  picture  business 
usually  is  forgotten,  sidestepped  or  soft-pedalled  when 
the  West  Coast  is  discussed.  As  matters  stand  today, 
the  policy  is  a  very  sound  one. 

For  Hollywood  runs  along  without  the  competition 
necessary  to  awaken  it.  Hollywood  never  seriously 
arouses  itself  because  it  has  had  nothing  to  worry 
about.  The  conclusion  of  all  this  is  something  pretty 
swell  for  the  coast,  but  economically  serious  for  the 
industry. 


N. 


OT  only  by  virtue  of  the  fact  that 
New  York  is  headquarters  for  the  country;  that 
Hollywood  sends  its  scouts  to  Broadway  when  it 
wants  new  talent ;  that  in  Gotham  is  the  center  of  art, 
literature,  life  and  living  does  some  part  of  production 
rightfully  belong  here.  Three  thousand  miles  away 
that  it  may  be,  Hollywood  and  how  it  is  going  are 
plenty  of  reason  for  a  studio  revival  in  the  East.  The 
coast,  for  its  own  good,  needs  to  know  that  studios 
and  picture  makers  somewhere  else  on  the  map  are 
fairly,  but  squarely,  gunning  for  some  of  its  long 
undisputed  honors. 

When  Hollywood  turns  out  bad  pictures,  the  in- 
herent right  of  New  York  for  a  real  place  in  the 
production  sun  merely  accentuates  itself.  When 
Hollywood  turns  out  good  product,  it  still  needs  a 
check,  lest  all  traces  are  kicked  over  in  the  adulation 
that  has  a  habit  of  following  performance  in  this 
business. 


N: 


EW  YORK  may  not  make  better  pic- 
tures than  the  coast.  Certainly  all  factors  being 
equal,  it  can  make  them  as  well.  Carry  the  argument 
further  and  what  do  you  get?  Let's  assume  Eastern 
product  falls  below  the  Hollywood  standard.  The 
fundamentals  don't  change  and  by  that  is  meant 
merely  this : 

That  it  would  prove  profitable  for  the  major  com- 
panies to  produce  part  of  their  output  in  New  York 
even  if  the  results  are  disappointing.  The  constant 
questioning  of  Hollywood's  supremacy  as  a  production 
center  thereby  will  be  sufficient  to  keep  determination 
high,  the  will  determined  to  keep  on  the  coast  the 
halo  which  now  surrounds  its  august  habitants. 

Hollywood  is  too  tight  a  community,  too  set  in  its 
ways,  too  satisfied  with  its  status.  It  needs  to  be 
jogged  out  of  its  complacency  for  its  own  welfare  and 
for  the  welfare  of  the  industry  as  well. 


AINING  impetus  now  as  you  read 
this  is  a  revival  of  production  in  New  York.  There 
are  technical  crudities  to  overcome,  but  they  will  be 
surmounted.  There  is  no  patent,  neither  is  there  any 
mystery  about  turning  out  film.  Eastern  production, 
therefore,  will  reach  its  stride — quickly  if  Hollywood 
stops  throwing  curves ;  slowly  if  it  does  not. 

The  move  is  on  the  way  more  seriously  than  in  some 
years.  It  deserves  to  be  encouraged  for  the  good  that 
is  in  it  and  for  the  indisputable  quickening  in  quality 
production  that  will  follow  in  its  wake. 

KANN 


14 


MOTION  PICTURE 

DAILY 


Tuesday,  October  3,    1933 


Finance  Unit  Regarded  As  Need 


Must  Have  It 
To  Aid  Studio 
Plans  in  East 


THE  big  stumbling  block  to  the 
rebirth  of  production  in  the  East 
is  money — or  rather  the  lack  of  it. 
Such  is  the  opinion  of  observers 
watching  with  interest  the  move  to  get 
New  York  back  on  the  map  as  a 
producing  center. 

Attention  in  the  East-West  tussle  is 
centered  chiefly  in  the  plans  of  a 
group  of  New  York  stage  producers 
to  make  screen  transcriptions  of  their 
Broadway  successes  on  an  indepen- 
dent basis,  with  the  Eastern  Service 
Studios  in  Astoria  selected  as  the 
laboratory  in  which  to  try  out  their 
experiment. 

"To  achieve  success  in  the  venture," 
says  one  at  the  forefront  of  the  move- 
ment, "we  have  got  to  have  a  finance 
corporation  to  help  the  legitimate  in- 
dependent producer  until  he  can  snow 
the  majors  what  he  can  do  m  a  big 
way.  He  must  be  staked  at  the  be- 
ginning. Money  is  the  important 
thing.  Turning  out  the  releases 
would  be  no  problem  at  all,  especially 
if  the  stuf?  can  be  gotten  as  cheap  as 
that  now  being  turned  out  by  the 
majors." 

How  It  Started 

The  venture  has  had  an  auspicious 
beginning.  Of  the  first  two  produc- 
tions made  at  the  Eastern  Service 
Studios  both  found  immediate  accept- 
ance on  public  showing.  The  first, 
"Moonlight  and  Pretzels,"  a  Univer- 
sal picture,  is  reported  to  be  doing 
splendidly  at  the  box-office.  The  film 
was  made  with  a  cast  of  stellar  names, 
the  majority  from  the  Broadway 
stage. 

The  second  was  "Emperor  Jones," 
which  was  produced  by  John  Krimsky 
and  Gififord  Cochran  for  United  Art- 
ists release.  With  Paul  Robeson  in 
the  name  part,  it  went  places  in  its 
first  week  at  the  Rivoli.  It  is  con- 
ceded that  this  film  could  hardly  have 
been  produced  in  the  manner  it  has 
in  any  other  place  but  New  York, 
where  the  colored  population  of  Har- 
lem afforded  a  limitless  field  for  the 
choice  of  talent  necessary  in  casting. 
It  is  even  doubted  whether  the  col- 
ored star  would  have  considered  mak- 
ing the  film  on  the  coast. 

"Midnight,"  the  play  the  Theatre 
Guild  put  on  several  seasons  back, 
has  been  turned  into  a  picture  at  the 
same  studio  by  Chester  Erskin,  well- 
known  as  a  Broadway  director,  and 
will  be  released  soon. 

More  on  the  Way 

Two  other  pictures  have  been 
practically  completed  at  the  Eastern 
Service  plant.  One  is  "The  Great 
Adventure,"  based  on  Arnold  Ben- 
nett's play.  It  is  an  Eddie  Dowling 
production,  with  Roland  Young,  Lil- 
lian Gish  and  Montague  Love  in  the 
cast. 

The  other  is  a  film  version  of  "Take 
a  Chance,"  the  Schwab  and  Mandel 
musical  comedy  that  was  a  Broad- 
way hit  a  couple  of  seasons  ago.  The 
producers  are  William   Rowland  and 


Vitaphone,   Content  with  N.  F., 
Has  Made  1,000  Shorts  in  East 

One  of  the  most  powerful  arguments  for  production  in  the 
East  is  the  history  of  Vitaphone  production  at  the  old  Vitagraph 
plant  in  the  Flatbush  section  of  Brooklyn. 

Aside  from  short  lay-oflfs,  either  for  additions  to  studio  facili- 
ties or  to  hurdle  the  jump  between  one  season's  schedule  and  the 
next,  the  plant  has  been  in  continuous  operation  since  Warners 
started  work  there  in  August,  1927. 

Since  that  time,  over  1,000  shorts  have  been  made  on  the  one 
lot.    Six  hundred  were  two-reelers  and  the  remainder  in  one  reel. 

In  the  roster  of  performers  is  numbered  practically  every  name 
of  marquee  calibre  in  the  world  of  vaudeville,  radio,  opera,  musical 
comedy  and  night  clubdom. 

So  far  this  season,  out  of  a  planned  program  of  130  shorts,  the 
studio  has  completed  65.  Thirty  of  these  are  two-reelers;  35,  one- 
reelers.  Vitaphone's  budget  has  been  stepped  up  30  per  cent, 
indicating,  from  another  angle,  Warners'  confidence  in  the  future 
of  musical  shorts  and  in  the  East  as  the  place  to  make  them. 

Average  negative  cost  on  two-reelers  runs  between  $32,000  and 
$35,000.  Average  negative  cost  of  one-reelers  is  approximately 
$15,000. 


Monte  Brice,  and  the  players  include 
Jimmy  Dunn,  Clifif  Edwards,  June 
Knight,  Lillian  Bond,  Lillian  Roth 
and  Buddy  Rogers.  Dunn  was  bor- 
rowed from  Fox  to  appear  in  the  film. 
Laurence  Schwab,  co-producer  of  the 
Broadway  show,  has  had  a  hand  in 
the  production. 

One  of  the  chief  difficulties  sur- 
rounding picture  production  on  t\\e 
coast  is,  of  course,  the  overhead.  Es- 
timates made  by  those  in  a  position  to 
know  reveal  that  this  overhead  can 
be  cut  down  45  per  cent  when  pictures 
are  made  under  conditions  such  as 
obtain  at  the  Eastern  Service  Studios, 
the  management  of  which  has  nothing 
whatever  to  do  with  actual  film  pro- 
duction. 

The  organization  simply  rents 
space.  There  ends  its  interest.  "We 
just  run  a  factory,"  in  the  words  of 
one  of  its  officials.  Included  in  the 
rental  is  the  cost  for  use  of  all  equip- 
ment essential  to  producing.  A  pro- 
ducer pays  from  $350  to  $1,000  a  day 
for  use  of  the  studio  and  is  relieved 
of  all  worries  about  overhead. 

Sets  are  built  on  a  contract  price. 
The  jungle  set  for  "Emperor  Jones," 
in  which  transpired  about  one-third 
of  the  action  of  the  film,  was  built  for 
the  producers  at  a  cost  of  only  $7,500. 

This  elimination  of  overhead  gives 
some  clue  to  the  low  cost  of  produc- 
ing both  "Emperor  Jones"  and 
"Moonlight  and  Pretzels."     While  the 


cost  of  the  complete  production  of  the 
former  is  about  $125,000  it  is  no 
secret  that  the  latter  was  turned  out 
for  $110,000,  everything  included.  Ex- 
pert estimate  is  that  the  film  would 
have  stood  the  producers  twice  that 
much  had  it  been  made  on  the  west 
coast. 

Operated  as  it  is,  the  Eastern  Serv- 
ice Studios  cut  expenses  further  in 
that  there  are  no  supervisors  and  no 
relatives  to  take  a  chip  off  the  old 
payroll. 

Those  backing  the  movement  for 
production  in  the  East  are  not  at- 
tempting to  put  Hollywood  off  the 
map.  They  are  more  sensible  than 
that.  They  know  such  a  thing  could 
never  be  done. 

"We  don't  expect  to  bring  Holly- 
wood here,"  they  assert.  "There  is 
too  much  money  on  the  coast  to  pull 
up  stakes  and  then  there  is  a  certain 
tradition  in  Hollywood  that  holds  pro- 
ducers on  the  coast.  What  we  pri- 
marily hope  to  make  here  are  such 
pictures  -as  cannot  be  made  on  the 
coast  as  efifectively  as  here — musicals 
and  other  types  of  pictures  that  cry 
out  for  talent  that  can  be  gotten  only 
on  Broadway." 

Impartial  observers  do  not  agree 
with  the  contention  of  the  coast  pro- 
ducers that  more  "flops"  come  out  of 
the  East  than  out  of  the  West.  They 
believe,    in    fact,    that    the    reverse    is 

(Continued  on  page  24) 


Erpi  May  Build  Up-to-Date 
Studio  Over  on  Long  Island 


A  new  studio,  designed  to  equal  in 
equipment  and  facilities  any  existing 
plant  on  the  coast,  is  in  the  offing 
on  a  site  close  to  New  York  if  the 
revival  of  production  in  the  East  now 
under  way,  assumes  more  pretentious 
proportions. 

Erpi,  which  controls  Eastern  Ser- 
vice Studio,  the  former  Paramount 
plant  in  Astoria,  is  understood  con- 
sidering the  proposal.  The  studio,  as 
it  now  stands,  was  built  for  silent 
pictures.  While  talkers  are  now  being 
made  there,  stage  space  is  limited  and 
production  often  has  to  be  confined  to 


one  floor,  particularly  if  the  upper 
stage  is  housing  a  musical. 

It  has  been  computed  that  $100,000 
would  be  necessary  to  completely  re- 
equip  the  studio.  Erpi  officials  are 
reported  favorably  inclined  toward 
construction  of  an  entirely  new  plant 
and  only  await  a  further  box-office 
test  of  pictures  made  on  its  lot  before 
making  their  final  decision. 

In  the  meantime,  the  latest  equip- 
ment is  being  added  to  the  present 
plant.  The  studio  is  also  the  only 
eastern  one  equipped  to  do  background 
process  work. 


East  Is  Only 
Spot  to  Make 
Shorts-Sax 


SHORTS  depending  on  stage  and 
radio  names  for  drawing  power 
can  be  produced  profitably  only 
in  the  east,  according  to  Sam  Sax, 
production  head  at  the  Vitaphone 
studios  in  Brooklyn.  The  reason  for 
this,  he  says,  is  chiefly  that  New  York 
is  the  clearing  house  for  talent  of 
every  nature.  With  stage  and  radio 
talent  right  next  door  to  the  studio, 
so  to  speak,  the  problem  of  getting 
the  desired  performers  on  a  moment's 
notice  and  at  reasonable  remuneration 
is  considerably  simplified,  in  Sax's 
opinion. 

The  producer  believes  that  shorts 
of  the  type  produced  by  Vitaphone 
cannot  be  successfully  turned  out  any- 
where else  but  in  New  York,  because 
they  feature  names  big  on  Broadway 
and  on  the  air  waves  and  not  strictly 
screen  personalities. 

"In  the  east,"  asserts  Mr.  Sax,  "we 
can  produce  all  manner  of  short  sub- 
jects except  out-and-out  comedy. 
Comedy  shorts  are  best  produced  on 
the  west  coast  because  the  established 
and  most  popular  screen  comedians 
are  those  long  associated  with  pic- 
tures." 

His   Reasons  Why 

Since  Vitaphone  shorts  for  the 
greater  part  are  miniature  musical 
comedies,  they  require  ace  performers 
of  the  musical  comedy  stage  and 
broadcasting  studios.  It  is  obvious 
New  York  alone  can  best  provide 
them.  "New  York  is  the  market  for 
names,"  as  Sax  puts  it.  He  holds 
that  "on  the  coast  you  can't  get  the 
right  kind  of  acts,  the  right  kind  of 
bands." 

Sax  admits  that  musical  shorts  can 
be  made  on  the  coast,  but  certainly 
not  with  "big"  names — that  is,  "big" 
names  not  of  the  screen  world  but  of 
the  realm  of  musical  comedy.  It  is 
the  stars  of  the  stage  that  audiences 
clamor  for  in  musical  shorts,  Sax  de- 
clares, explaining  that  screen  stars, 
however  strong  their  pull  at  the  box- 
office  in  feature  pictures,  would  be 
complete  "flops"  in  films  demanding 
genuine  ability  as  "entertainers"  as 
distinguished  from  actors. 
^^  "Can  you  show  me,"  challenges  Sax, 
"one  single  musical  short  produced 
on  the  coast  with  a  big  name  in  the 
cast?" 

Sax  asserts  that  while  many  of  the 
musical  shorts  turned  out  in  Holly- 
wood are  intriguing  to  the  eye  and 
ear,  they  have  in  their  casts  no  names 
that  mean  anything  to  picture  audi- 
ences. 

Not  in  Hollywood 

Sax  says  "it  is  inconceivable  our 
type  shorts  can  be  made  in  Hblly- 
wood."  Not  only  because  there  is  little 
musical  comedy  talent  identified  with 
big  names  out  there,  but  also  because 
the  "importation"  of  star  material 
from  the  east  would  make  the  cost 
of  shorts  production  prohibitive  and 
would  disorganize  the  whole  produc- 

(Continucd  on   page  24) 


CONSOLIDATED  PARK 

THE  LARGEST  AND  FINEST  FILM 
LABORATORY  IN  THE  WORLD 


wcooouiinun 


•pWENTY-GNE  years  experience, 
•^  a  skilled  personnel  and  flawless 
materials  combine  to  make  Con- 
solidated Prints  the  finest  medium 
through  which  to  bring  your  valuable 
productions  to  the  screen.  Every 
modem  scientific  device  that  can  add 


to  the  excellence  and  dependability 
of  release  prints  is  to  be  found  at 
Consolidated  Park.  And  our  own 
chemical  and  technical  engineers  are 
constantly  seeking  further  means 
of  improving  a  product  that  is  already 
recognized  the  world  over  as  the  best. 


WEBOQUKMIIt 


^  •  <»IP»v» 


CONSOIalDATED    FILM   INDUSTRIES,  INC. 


NEW  YORK 


HOLLYWOOD 


'. 

THOSE    INTERESTING 

COMPOS  TE  SHOTS 

in  the  pictures  you  show  have  called  for 
new  ingenuity  on  the  part  of  the  pro- 
ducer. What  is  more,  the  photographing 
of  the  backgrounds  has  definitely  de- 
manded a  special  new  type  of  raw  film. 
Eastman   Background    Negative — re- 
cently announced  and  now  widely  used 
— ^is  the  answer.  Possessing  unique  char- 
acteristics, it  dovetails  perfectly  with  this 
important  technical  advance.  It  greatly 
enhances  the  beauty,  effectiveness,  and 
value  of  projection  background  "shots." 
Eastman  Kodak  Company.  (J.  E.  Brula- 
tour.    Inc.,    Distributors,    New    York, 
Chicago,  Hollywood.) 

EASTMAN 

BACKGROUND    NEGATIVE 

5  In  the  latter  part  of  the  Nineteenth  Century  a 
serious  young  man  from  romantic  New  Orleans,  who 
was  destined  to  play  an  important  part  in  the  his- 
tory of  motion  pictures,  settled  in  Little  Old  New 
York.  That  young  man  was  Jules  E.  Brulatour, 
whose  untiring  efforts  and  vision  have  won  him  honor 
and  position  in  the  world  of  arts  and  science  for  his 
contributions  to  the  cinema. 


J  As  organizer  of  several  early  producing  companies 
and  a  pioneer  in  Eastern  production,  Mr.  Brulatour 
and  his  organization  take  this  opportunity  to  welcome 
back  to  New  York  some  of  its  producing  activities. 
New  York  may  well  be  proud  to  have  instigated  the 
fourth  largest  industry  in  the  world,  and  we  are 
proud  to  join  the  happy  family  in  this  event. 


J.    E.    BRULATOUR,    INC 

Eastman  Films 


NEW  YORK 


CHICAGO 


HOLLYWOOD 


MOTION  PICTURE 

DAILY 


Tuesday,  October  3,    1933 


Lower  Salaries  and  Costs  Presaged 


Production  in 
East  the  Way, 
Says  Krimsky 


REDUCTION  of  star  salaries 
and  production  overhead  and 
the  development  of  new  talent 
and  headline  names  are  the  outstand- 
ing opportunities  offered  producers  by 
eastern  production  facilities,  according 
to  John  Krimsky,  of  Krimsky  and 
Cochran. 

The  young  producer,  whose  "Em- 
peror Jones,"  distributed  by  United 
Artists,  is  now  getting  under  way  in 
key  city  first  runs  as  this  is  written, 
sees  the  possibility  in  eastern  produc- 
tion of  keeping  overhead  charges  in 
the  neighborhood  of  three  per  cent 
as  against  Hollywood's  not  infrequent 
20  and  25  per  cent.  With  technical 
and  labor  costs  about  equal  on  both 
coasts,  Krimsky  believes  the  bulk  of 
the  saving  could  be  realized  on  talent, 
including  cast,  director  and  author. 

With  a  plentiful  supply  of  talent 
available  in  the  east,  he  asserts  that 
not  only  is  talent  less  costly  here  than 
it  is  in  Hollywood,  but  that  much  of 
it,  under  experienced  direction,  could 
be  developed  quickly  into  new  star  and 
drawing  material  for  pictures. 

Wouldn't  Evacuate  Hollywood 

Krimsky  is  not  an  advocate  of  a 
producers'  evacuation  of  Hollywood 
in  favor  of  the  east.  He  is  content 
to  see  Hollywood  retain  its  position 
as  the  world's  production  capital  and, 
therefore,  speaks  almost  exclusively 
from  the  viewpoint  of  the  small,  if 
not  the  merely  occasional,  producer. 
Krimsky  believes  that  there  is  room 
in  the  east  for  a  large  amount  of  new 
production  activity  which  can  go  on 
without  disturbing  Hollywood's  major 
activities  at  all.  But  he  also  believes 
that  the  facilities  offered  producers  by 
the  east  may  easily  nurture  a  produc- 
tion growth  here  so  economically 
sound  that  it  may  attract  and  develop 
enough  activity  ultimately  to  be  a 
rival  for   Hollywood  to   reckon   with. 

Production's  most  significant  oppor- 
tunity here,  in  Krimsky's  opinion,  is 
the  chance  it  has  of  starting  on  a 
foundation  free  of  Hollywood's  ex- 
cesses. Foremost  among  these  he 
names  long-term  contracts  at  exorbi- 
tant salaries  for  personal  services. 
Eastern  producers,  he  believes,  can 
escape  this  pitfall  because  of  what 
Kirmsky  describes  as  the  "availability 
of  almost  limitless  talent"  which  can 
be  developed  under  capable  direction 
at  a  reasonable  cost.  He  sees  an  im- 
portant advantage  in  the  producer's 
proximity  here  to  the  "stage  capital 
of  the  world"  and  the  center  of 
activity  of  writers  and  publishers. 

Planning  Record  Films 

"To  see  play  ntaterial  myself  and 
to  be  able  to  personally  contact 
authors  and  publishers  is  an  advan- 
tage the  eastern  producer  will  always 
have  over  his  fellow-producer  in 
Hollywood  who  must  rely  on  agents 
to  do  that  work  for  him,"  Krimsky 
said. 

Krimsky    and    Cochran     will    also 


Just  a  Name 

John  Krimsky  of  Krimsky 
and  Cochran,  producers  of 
"Emperor  Jones,"  is  probably 
unique  among  American  pic- 
ture producers.  He  has  never 
even  been  in  Hollywood. 

Says  he'd  like  to  see  it 
some  time,  though. 


engage  in  legitimate  play  production. 
Giftord  Cochran  is  now  in  Europe 
searching  for  play  and  story  material. 
They  plan  to  confine  their  activities  to 
about  three  pictures  and  one  or  two 
plays  a  year,  limiting  actual  produc- 
tion, however,  only  to  the  availability 
of  the  type  of  story  material  they 
desire.  They  hope  to  put  their  next 
production,  as  yet  not  decided  on, 
into  work  before  the  end  of  the  year, 
and  e-xpect  to  open  a  legitimate  play 
here  this  season.  United  Artists  is 
slated  to  have  first  choice  at  distribu- 
tion rights  to  their  productions,  but 
no  contract  to  this  effect  is  in  exis- 
tence. 

With  virtually  no  prior  experience 
in  production  or  distribution,  Krimsky 
and  Cochran  acquired  the  American 
rights  to  "Maedchen  in  Uniform''  a 
little  more  than  a  year  ago.  It  was 
a  successful  venture.  Subsequently 
they  acquired  American  rights  to 
"Hounded  Men,"  a  picture  produced 
in  Germany  by  Gabriel  Pascal. 
Shortly  thereafter,  Adolph  Hitler's 
anti-Semitic  policies  put  productions 
of  German  origin  in  such  disrepute  in 
this  country  that  "Hounded  Men" 
was  never  released,  although  the  rights 
are  still  owned  by  Krimsky  and  Coch- 
ran. 

This  summer  they  launched  their 
first  and,  thus  far,  their  only  produc- 
tion, Eugene  O'Neil's  "The  Emperor 
Jones,"  starring  Paul  Robeson,  with 
Dudley  Digges  in  the  cast.  It  was 
produced  at  Eastern  Service  Studios, 
of  wBose  facilities  Krimsky  speaks 
highly. 

"If  they  haven't  everything  a  pro- 
ducer needs,"  he  said,  "they  can  get  it 
on  short  notice." 

Krimsky's  only  other  play  experi- 
ence was  as  founder  and  president  of 
Playchoice,  a  play-goers'  guild  with  a 
membership  of  4,000  subscribers.  With 
this  enterprise,  Krimsky  read  or  re- 
viewed several  thousand  opening  plays 
and  passed  on  his  verdicts  to  his 
member-subscribers. 


Initial  Cobb  Reel 
Ready;  13  Planned 

I'^irst  of  13  single  reelers  starring 
Irvin  S.  Cobb,  nationally  known 
author  and  humorist,  has  been  com- 
pleted by  Newslaughs,  Inc.,  and  the 
second  probably  will  get  under  way 
this  week  at  the  RCA  Photophone 
.studio,   411    5th   Ave. 

Harold  B.  Freedman  is  president 
of  the  company  and  is  actively  han- 
dling production,  while  associated 
with  him  is  George  Byrnes,  as  vice- 
president  and  general  manager.  Freed- 
man is  credited  with  having  launched 
the  original  "Topics  of  the  Day"  reel 
in  conjunction  with  The  Literary  Di- 
gest. 

Distribution  is  not  yet  set. 


50%  of  "U"  Shorts 
Are  Eastern -Made 


With  New  York  supplying  a 
greater  variety  of  stage  and  radio 
ta.lent  to  draw  from  than  the  West 
Coast,  especially  for  musical  shorts, 
approximately  50  per  cent  of  Univer- 
sal's  short  subject  product  on  the 
1933-34  program  will  come  from 
Manhattan  studios,  it  was  computed 
yesterday  at  the  company's  home  of- 
fice. 

Of  the  series  of  16  radio  shorts  pro- 
duced at  the  Eastern  Service  Studio 
by  William  Rowland  and  Monte 
Brice,  13  have  been  completed  and 
delivered  to  Universal  for  early  re- 
lease. These  include  four  starring 
Morton  Downey,  four  Louis  Sobols. 
three  Nick  Kenny  and  two  Walter 
Winchells. 

Appearing  in  these  one  and  two- 
reelers  are  such  names  of  the  stage, 
screen  and  radio  as  Buddy  Rogers, 
Lew  Brown,  Ray  Henderson,  the  Four 
Eton  Boys,  Stephen  Fetchit,  the  Bos- 
well  Sisters,  Paul  Whiteman  and  his 
orchestra,  Texas  Guinan,  Little  Jack 
Little,  Jack  Fulton,  Peggy  Healy, 
Nick  Stuart,  Sally  O'Neill,  and  many 
others.  The  fourth  Nick  Kenny 
short  featuring  the  radio  columnist 
and  the  Boswell  Sisters  has  just  been 
completed  and  is  now  in  the  editing 
stage.  Production  on  Walter  Win- 
chell's  third,  entitled  "What  You 
Don't  Know  Won't  Hurt  You,"  is 
slated  to  get  under  way  soon  with 
Monte  Brice  directing. 

Two  of  the  series  of  13  musical  two- 
reelers  contracted  for  by  Universal 
from  E.  M.  Glucksman  of  Mentone 
Prod,  have  just  been  completed.  They 
are  "On  the  Air  and  Off"  and  "All 
at  Sea,"  presenting  such  names  as 
Nick  Lucas,  Adelaide  Hall,  Eddie 
Garr,  Vincent  Lopez,  Pat  Rooney, 
Ethel  Barrymore  Colt,  Hugh  O'Con- 
nell,  and  the  Three  X  Sisters.  The 
next  in  the  Mentone-Universal  line-up 
will  be  "The  Big  Benefit,"  and  then 
a  musical  satire  on  "Dinner  at  Eight" 
called  "Supper  at  Six."  Music  for 
the  series  is  being  provided  by  Milton 
Schwarzwald,  former  director  of  the 
music  department  of  RKO  Theatres, 
with  Ballard  MacDonald  writing  the 
stories.  They  are  being  produced  at 
the  West  Coast  Service  Studios. 

Produced  for  Universal  by  Gem 
Prod.,  three  of  the  series  of  13  Goofy- 
tone  Newsreels,  in  which  the  regular 
newsreel  style  is  spoofed  and  kidded, 
have  already  been  finished,  and  the 
fourth  is  in  preparation.  The  idea  was 
first  used  on  the  air  by  George  Frame 
Brown,  who  is  writing  and  directing 
the  film. 

Although  they  were  filmed  in  the  far 
corners  of  the  earth  by  Rowland-Brice 
Prod.,  Columnist  Mark  Hellinger's 
series  of  one-reelers  entitled  "Broad- 
ways of  the  World,"  are  being  edited 
and  prepared  here  in  New  York.  The 
first  is  called  "Broadway  Meets  the 
Greek."  They  were  written  by  Hellin- 
ger  himself  and  directed  by  Ray 
Cozine. 

In  addition  to  Universal's  extensive 
short  subjects  activity  in  New  York 
this  season,  one  musical  feature, 
"Moonlight  and  Pretzels,"  was  re- 
cently produced  for  Universal  release 
hv  the  Rowland  and  Brice  organiza- 
tion. 


N.Y.  Is  Place 
To  Do  Shorts 
Is  Contention 


THAT  the  production  of  shorts, 
comedy  or  otherwise,  can  be  car- 
ried on  to  greater  advantage  in  the 
East  than  on  the  coast  is  the  belief  of 
Raymond  Klune,  recently  named  east- 
ern production  manager  of  Educa- 
tional, which  plans  to  turn  out  half 
of  its  new  season's  program  in  New 
York  with  the  Eastern  Service  Studios 
as  the  scene  of  operation. 

"I  can  see  no  reason  why  pictures 
cannot  be  made  just  as  well  in  the 
east  as  m  the  west,"  asserts  Klune. 
"In  many  ways  the  making  of  pic- 
tures can  be  done  in  the  east  even 
better  than  on  the  coast.  Technically 
alone,  production  here  need  not  bow 
to  Hollywood.  I  would  even  say 
technical  facilities  such  as  we  have 
available  to  us  at  the  Eastern  Service 
Studios  are  in  some  ways  superior 
to  those  to  be  found  in   Hollywood." 

Says  Give  East  a  Chance 

Defending  eastern  production  against 
some  critics,  who  are  inclined  to  hold 
the  vvhole  idea  in  contempt,  Klune 
declares  : 

"It  is  just  a  question  of  giying  it 
a  chance." 

He  assails  the  "superiority  feeling" 
of  Hollywood  that  leads  it  to  believe 
nowhere  else  can  pictures  be  produced 
as  well. 

"The  east  is  not  inferior  to  the 
West  in  the  way  of  being  able  to  turn 
out  top-notch  work  in  this  business," 
he  says.  "Hampering  production  in 
the  east  to  a  great  degree  is  just 
such  a  feeling  of  inferiority  on  the 
part  of  people  who  hope  to  see  New 
York  flourish  again  as  a  center  of 
production.  We  shall  never  be  able 
to  make  any  headway  in  the  effort 
to  steal  some  of  Hollywood's  glory 
until  we  get  rid  of  this  inferiority 
complex  here  in  the  east." 

Klune  lays  considerable  stress  on 
the  fact  that  talent  is  easily  available 
to  producers  in  the  East.  The  inti- 
mation is  that  Educational  may  have 
been  prompted  by  just  such  a  consid- 
eration in  deciding  to  transfer  some 
of  its  activity  to  the  east. 

Picking  Broadway  Talent 

Already  the  company  is  taking  ad- 
vantage of  the  world  of  talent  that 
has  been  opened  to  it  with  the  adop- 
tion of  its  new  policy.  Several  big 
names  snared  from  the  Broadway 
stage  are  being  considered  for  parts  in 
at  least  two  of  Educational's  early 
releases,  according  to  Klune,  who  says 
in  one  Al  Christie  intends  to  offer 
a  leading  comedy  star  of  the  legiti- 
mate stage,  while  in  another,  a  musical 
in  two  reels  planned  as  a  Jack  White 
release,  "several  big  names"  of  the 
musical  comedy  stage  are  expected  to 
be  featured. 

Klune  is  a  product  of  New  York. 
He  started  work  in  pictures  here  be- 
fore Hollywood  claimed  him.  At  one 
time  he  was  D.  W.  Griffith's  produc- 
tion manager  at  the  producer's  studios 
in  Mamaroneck.  He  spent  eight  year.s 
on  the  coast. 


Makers  of  release 
prints  for  the  industry 

EXPERIENCE  THAT  BEGAN  WITH  THE 
BEGINNING  OF  THE  MOTION  PICTURE- 
FIRST  TO  PERFECT  AUTOMATIC  MACHINE 
DEVELOPING  AND  MODERN  METHODS- 
FIRST  TO  APPLY  THIS  FAST  EFFICIENT  TECH- 
NIQUE TO  SOUND-ON-FILM  PRINTS- 
LOCATED  AT  BOUND  BROOK,  N.  J.,  FOR 
SWIFT  SERVICE  TO  ALL  THE  UNITED  STATES, 
CLOSEST  TO  AIRPORT  AND  RAIL  TERMINALS 
FOR  THE   NATION  j^        ^  j^ 


PATHE   LABORATORIES 

of    PATHE    EXCHANGE,    INC. 

offic'ing     at    35     West    45th     Street,     New     York 


22 


MOIION  PICTURE 

DAILY 


Tuesday,  October  3,    1933 


Eastern  Production  Seen  as  ^^Tonic^^ 


Held  Infusing 
New  Life  in 
Stage  Effort 


THAT  production  in  the  East 
would  act  as  a  "tonic"  on  Broad- 
way, helping  to  inject  new  life  into 
the  legitimate  stage,  is  the  belief  ex- 
pressed by  Eddie  Dowling.  the  driv- 
ing spirit  behind  the  movement  for 
eastern  production  that  is  finding 
crystallization  at  the  Eastern  Serv- 
ice   Studios    in   Astoria. 

Dowling  is  emphatic  that  what  he 
has  started  is  not  intended  as  any  de- 
fiance of  Hollywood's  supremacy.  He 
makes  it  clear  that  the  whole  idea 
is  one  of  mutual  aid.  Production 
in  the  East,  he  says,  will  help  the 
legitimate  stage  producer  in  that  it 
will  permit  him  to  convert  play  prop- 
erties into  pictures  and  devote  the 
profits  thus  made  to  putting  on  other 
Broadway  productions,  while  the  film 
industry  will  profit  in  that  it  would 
be  brought  close  to  the  source  of  all 
talent — writing,  acting  and  directorial. 

25  to  50  Would  Do  It 

"If  only  25  to  50  pictures  were  pro- 
duced in  the  East  in  a  year,  it  would 
be  just  enough  to  be  a  tonic  on 
Broadway,"  asserts  Dowling.  "If  the 
picture  companies  turned  out  but  five 
to  10  per  cent  of  their  total  output 
of  pictures  here,  the  effect  would  be 
to  put  Broadway  back  on  Broadway. 

"It  is  not  self-interest  that  makes 
me  say  this.  Working  in  the  East 
will  bring  tremendous  advantages  to 
the  film  people  no  less.  There  can  be 
no  question  that  New  York  is  the 
source  of  the  talent  of  the  world. 
Why  should  picture  companies  'im- 
port' their  talent — actors,  writers,  di- 
rectors— from  New  York  at  a  tre- 
mendous outlay  of  money  w'hen  by 
producing  in  the  East  they  would 
have  all  the  talent  they  wanted  within 
reach.  No  more  would  the  film  in- 
dustry have  to  go  out  of  its  way  to 
procure  the  'right'  people.  Broadway 
and  the  film  industry  would  meet." 

Dowling  points  out  that,  with  pro- 
duction in  the  East,  the  stage  producer 
could  give  his  attention  to  Broadway 
and  screen  without  sacrificing  the  one 
or  the  other.  He  would  be  in  a  posi- 
tion to  continue  his  activity  in  the 
theatre  while  engaging  in  production. 
In  a  quarter  of  an  hour  he  would  be 
able  to  step  from  his  office  on  Broad- 
way to  the  studio. 

Must  Bolster  Source 

If  the  industry  expects  to  get  mate- 
rial for  pictures  it  ought  to  have 
enough  interest  in  building  up  the 
source  of  such  material,  according  to 
Dowling.  That,  he  points  out,  is 
Broadway.  So,  he  reasons,  producers 
should  not  exult  at  the  prospect  of 
seeing  the  legitimate  theatre  expire. 
Rather,  he  maintains,  they  should 
strive  to  keep  the  stage  flourishing, 
for  only  thus  would  they  be  able 
to  help  themselves.  Solution  of  the 
whole  problem,  he  says,  lies  in  the 
return    of    production    to    the    East. 

"The  picture  people,"  says  Dowling, 
"are  killing  their  source  of  supply 
and  then  complain  they  can't  get  ma- 


terial for  pictures.  The  picture  busi- 
ness, if  it  proposes  to  produce  any- 
thing worthwhile,  must  absorb  new 
ideas.  This  it  can  do  through  the 
means  of  the  stage.  The  death  of  the 
theatre  would  hardly  be  a  thing  for 
film  producers  to  ciieer  over.  The 
big  companies  never  help  to  build 
this  source.  And  never  will  they  be 
able  to  get  their   material." 

It  is  Dowling's  contention  "some 
good  Broadway  stuff  would  get  be- 
fore the  public  if  the  Broadway  pro- 
ducers had  a  chance  to  make  pictures." 
This  statement  seems  to  provide  the 
key  to  his  purpose  in  starting  his  ven- 
ture. 

A  stage  producer,  according  to 
Dowling,  should  do  film  producing 
only  on  his  own.  Accepting  an  offer 
from  a  picture  company  to  work  on 
the  west  coast  he  believes  is  risky 
business  for  a  theatrical  producer  who 
hopes  to  retain  his  individuality.  Pic- 
ture work,  he  maintains,  submerges 
his  personality  and  makes  him  just 
another  one  in  the  Hollywood  swim, 
with   initiative  gone. 

Dowling  puts  the  matter  pithily 
when  he  remarks  that  when  a  stage 
producer  goes  out  to  the  coast  to  pro- 
duce for  the  films  he  merely  suc- 
ceeds   in    becoming    "a    good    golfer." 

Dowling  says  that  when  a  stage 
producer  transfers  his  activities  to 
pictures,  it  afifects  the  labor  situation 
in  the  show  business.  It  means  less 
shows  on  Broadway,  with  the  result 
that  many  players  are  thrown  out  of 
work.  This  only  intensifies  the  diffi- 
culties of  the  legitimate  theatre, 
Dowling  asserts,  making  matters 
worse  instead  of  improving  them. 

By  making  it  easier  in  obtaining 
players  from  the  Broadway  stage, 
picture  production  in  the  East  has  the 
added  advantage  of  eliminating  ex- 
penses entailed  by  producers  in  bring- 
ing performers  to  the  coast.  Fur- 
thermore, he  points  out,  the  film  com- 
panies would  not  be  forced  to  hold 
out  the  lure  of  fancy  salaries  as  an 
inducement  for  required  stage  person- 
alities to  enter  picture  work. 

The  producer's  plans  are  flexible. 
He  IS  figuring  on  from  six  to  24 
features,  all  to  be  New  York-made, 
this  season,  and  perhaps  all  of  them 
50  per  cent  financed  by  Erpi.  Aside 
from  his  deal  with  Arthur  Hopkins 
on  "The  Great  Adventure,"  Dowlini? 
IS  reported  dickering  with  other  stage 
producers.  The  arrangement  carries 
indications  he  will  have  first  call  on 
vehicles  these  producers  control. 


He's  For  It 

Across  from  the  Eastern 
Service  Studios  in  Astoria  is  a 
lunchroom  that  has  been  ex- 
periencing the  doldrums  since 
Paramount  abandoned  produc- 
tion in  the  East.  It  used  to 
be  jammed  with  film  folk  in 
the  old  days,  since  it  happened 
to  be  the  only  dining  place 
near  the  studio. 

When  asked  whether  he 
favored  production  in  the  East, 
the  proprietor  jumped  at  the 
idea  with  a  big   'Yes." 


Plan  10  Pictures 
In  Jersey  Studio 

With  10  pictures  planned  by  Bud 
Pollard  and  a  number  of  independents 
signing  for  space  to  produce  for  the 
state  rights  market,  the  Bud  Pollard 
Studios  at  Grantwood,  N.  J.,  expect 
to  be  kept  busy  for  the  next  several 
months.  The  studio  formierly  was 
known  as  the  Royal.  Pollard  is  giving 
a  party  on  Oct.  14  for  the  press  and 
independents'  production  representa- 
tives at  the  studio. 

Having  completed  "The  Horror," 
Pollard  next  plans  to  make  "Dance 
Hall  Dames"  aJt  his  Grantwood  plant. 
Also  lined  up  for  early  produc- 
tion are  "Metropolitan  Murders," 
"Framed,"  "Lunatic  at  Large,"  "The 
Green  Jade,"  "Strange  Women  of  the 
World,"  "Kings  of  Laughter"  and 
four  others,  titles  of  which  are  not 
yet  set. 

Oscar  Micheaux  is  now  making  an 
all-colored  feature  there  and  expects 
to  have  it  completed  in  a  week.  Kine- 
matrade  plans  to  make  three  "exploi- 
tation specials"  and  Gem  Pictures 
Producing  Corp.  plans  to  turn  out  a 
series  of  "Goofytone  Newsreels"  for 
Universal  release  at  this  plant.  Pol- 
lard states  he  is  dickering  with  Au- 
brey Kennedy,  who  is  seeking  to  lease 
space  to  make  at  least  six  features. 

Name  talent  from  stage  and  pic- 
lures  is  being  sought  by  Pollard  for 
his  pictures.  He  has  signed  Betty 
Hamilton  for  one  and  is  negotiating 
with  Mary  Nolan  to  make  one.  Jerre 
Barton  has  been  named  sound  engineer 
at  the  studios,  which  has  Western 
Electric,  RCA  and  an  independent 
sound  recording  device  available. 


Recalls  Native  New  Yorkers 

From  Coast  to  Work  in  East 

The  staff  Eddie  Dowling  has  gathered  around  him  at  the  East- 
ern Service  Studios  is  composed  wholly  of  native  New  Yorkers 
who  have  been  recalled  from  Hollywood  in  order  to  help  bring 
back  the  good  old  days  when  New  York  was  a  production  center 
of  note.  Chief  among  those  Dowling  has  returned  to  the  East  are 
Ben  Jacksen,  his  chief  of  production;  Arthur  Edeson,  first  camera- 
man, and  Arthur  Ellis,  film  editor.  The  trio  are  referred  to  by 
him  as  "our  three  key  men." 

In  explanation  of  his  action  in  appointing  New  Yorkers  to  his 
staflF,  Dowling  asserts  that  "this  is  the  old  home  town  for  a  ma- 
jority of  the  best  talent  of  the  film  studios. 

"■They  were  taken  away,"  he  adds,  "because  they  were  expert  in 
their  lines.  We  will  bring  them  back  again  for  the  same  good 
reason." 

Dowling  says  he  can  give  '"examples  by  the  score"  of  "graduates 
of  the  hard  school  of  the  theatre  who  have  left  New  York  and 
need  only  to  be  recalled,  if  we  elect  to  make  our  films  right  here 
at  home,  less  than  25  minutes  of  Broadway." 


Christie  in 
Ranks  of  Old 
Hands  in  N.Y. 


THE  movement  to  set  New  York 
up  as  a  rival  to  Hollywood  in 
the  business  of  making  pictures  is  be- 
ing given  added  impetus  by  Al 
Christie  and  his  plan  to  produce  in 
the  East. 

Not  for  22  years  has  the  producer 
made  a  picture  in  New  York,  which 
he  quit  in  the  early  days  of  his  career 
to  try  his  fortune  in  Hollywood  as  a 
creator  of  comedies.  And  now  he  is 
back  to  do  his  bit  in  the  drive  to  re- 
establish New  York  as  a  picture-pro- 
ducing center.  Christie  is  already  at 
work  in  the  city.  He  is  doing  a  two- 
reel  comedy  for  Educational  at  the 
Astoria  plant  formerly  used  by  Para- 
mount, with  Tom  Howard  featured. 

He  is  sold  on  production  in  the 
East.  The  outlook  to  him  appears 
bright.  He  feels  changing  conditions 
make  production  in  the  East  inevi- 
table. New  York,  he  holds,  is  the 
logical  place  in  which  to  make  pic- 
tures— because  New  York  has  every- 
thing pictures  require.  And  New 
York  has  Broadway,  from  which  the 
industry  draws  much  of  its  life- 
blood.  So  Christie  is  convinced  New 
York  is  the  place  to  work. 

"The  development  of  motion  pic- 
tures during  the  past  few  years,"  he 
asserts,  "makes  it  almost  imperative 
that  there  shall  be  two  produc<-on 
points  in  this  country.  New  York  .xvd 
Hollywood  will  become  equally  im- 
portant production  centers.  The  close 
relationship  between  the  stage  and  the 
screen,  the  latter  drawing  from  the 
former  everything  from  complete 
plays  to  directorial  and  acting  talent, 
is  one  of  the  most  important  reasons 
for  a  film  center  in  New  York.  Also, 
concentrating  all  the  interests  of  the 
industry,  which  is  both  stupendous 
and  unique,  presents  the  danger  of  re- 
tarding creative  growth. 

"New  York,  within  the  next  year, 
will  probably  see  a  100  per  cent  in- 
crease in  production.  Broadway  stage 
players  will  find  it  necessary  only  "J 
cross  a  bridge  instead  of  a  continent." 


Futter  Will  Make 
26  Shorts  in  East 

A  minimum  of  26  shorts  will  be 
made  in  the  east  by  Walter  Futter 
this  season.  The  list  includes  a  series 
of  13  "Curiosities"  and  another  series 
of  13  John  C.  Medbury  "Travelaughs." 
One  of  the  former  and  three  of  the 
latter   series  have  been  completed. 

The  Medbury  series,  which  will  be 
released  by  Columbia,  is  being  record- 
ed on  Brunswick  sound  at  the  Vita- 
phone  studios,  Brooklyn.  The  "Curi- 
osities" series  are  being  done  at  Put- 
ter's studio  at  729  7th  Ave.  A  release 
on  these  has  not  been  set  yet. 

Although  Futter  has  opened  busi- 
ness headquarters  in  the  RKO  build- 
ing, he  will  visit  the  coast  several 
times  a  year  and  will  make  two  fea- 
tures there  this  season  for  R.esolute 
Pictures. 


American-Made 
Motion  Picture  Film  Products 

of 

Outstanding  Quality 


AGFA  RAW  FILM  CORPORATION 

245    WEST   55th    STREET 
NEW   YORK,    N.  Y. 

Phone:  Circle  7-4635 
FACTORIES  IN 

BINGHAMTON,    N.  Y. 


24 


MOTION  PICTURE 

DAILY 


luesday,  October  3.    1933 


Educational 
To  Put  'Names' 
In  Films  Here 


As  an  initial  step  in  its  announced 
plan  to  produce  half  of  its  1933-34 
product  in  the  east,  Educational  is  lin- 
ing up  "10  star  names,  a  number  of 
them  appearing  in  the  new  season's 
Broadway  musical  comedy  hits  and  on 
important  radio  programs."  The  com- 
pany's production  schedule  in  the  east 
takes  on  full  steam  next  week  at  the 
Eastern    Service    Studios    in    Astoria. 

It  will  be  remembered  that  it  was 
the  ease  with  which  "names  of  box- 
office  value''  could  be  obtained  in 
New  York  that  is  said  to  have  in- 
fluenced Educational  to  transfer  some 
of  its  activities  to  the  east.  The  corn- 
pany  has  made  it  known  that  it  is 
planning  "the  most  pretentious  pro- 
gram of  its  career,  from  the  stand- 
point  of   name  value." 

With  Al  Christie  appointed  produc- 
tion head  of  several  units,  and  Jack 
White,  formerly  in  charge  of  produc- 
tion at  the  Educational  studios,  signed 
as  producer-director,  Earle  W.  Ham- 
mons  is  now  lining  up  a  complete 
eastern  production  staff.  Billy  Wat- 
son, well-known  comedy  writer  and 
director,  is  heading  east  to  work  with 
Christie,  and  Sig  Herzig,  author  of 
"Moonlight  and  Pretzels,"  will  work 
on    stories    with    White. 

White  launches  his  activities  next 
week  when  he  begins  work  on  the 
first  short  in  Educational's  musical 
comedy  series.  Chester  Hale  has  been 
signed  to  arrange  and  direct  the  dance 
numbers  in  the  film.  The  Chester 
Hale  girls  will  interpret  the  dance 
routines.  Benny  Davis  and  Jarnes 
Hanley  will  do  the  music  and  lyrics. 

Six  other  subjects  have  been  sched- 
uled for  immediate  production.  These 
include  the  first  subject  in  Education- 
al's new  Star  comedy  specials ;  a 
Coronet  comedy ;  a  Moran  and  Mack 
comedy,  and  the  second  in  Tom  How- 
ard's starring  series.  All  these  will 
be  made  by  Christie.  White  has  also 
been  given  definite  assignments  on  a 
star  comedy  "special"  and  another 
musical  comedy. 


Charlton  Planning 
Nick  Carter  Series 

Robert  T.  Charlton  yesterday 
formed  Zenith  Prod,  with  temporary 
offices  in  the  Godfrey  Building  to  pro- 
duce a  series  of  Nick  Carter  stories. 
He  controls  the  film  rights  to  the 
series,  published  over  a  long  period 
of  years  by  Street  &  Smith,  and  ex- 
pects to  make  12  two-reelers  for  1933- 
34  release. 

Herbert  Ashton,  Jr.,  formerly  with 
Columbia  and  Fox,  will  adapt  the 
stories  and  direct  the  dialogue,  while 
Lem  F.  Kennedy  will  co-direct  with 
Ashton. 

Herbert  Rawlinson  is  being  con- 
sidered for  the  title  role.  While  pro- 
duction will  be  centered  in  the  east, 
no  studio  arrangements  have  been 
made  as  yet. 


Vaude  Back  in  Prov. 

Provii»en(k,      Oct.      2. — Vaudeville 
will  be  resumed  at  the  Albee  Oct.  6. 


They  Came  Out  of  the  East 

A  QUICK  glance  at  prominent  players  now  working  on  the  coast 
demonstrates  that,  while  not  all  of  them  had  their  beginnings  or 
rounded  out  their  experience  on  or  in  the  shadow  of  the  legitimate 
theatre  in  New  York,  many  of  the  best  known  names  in  pictures  today 
did. 

Those  who  are  championing  New  York's  come-back  as  a  production 
center  point  to  Hollywood's  recruits  from  Gotham  as  proof  sufificient 
that  there  are  more  where  these  came  from. 

While  not  all-embracing  and  making  no  pretenses  at  being  so,  the 
following  list  includes  many  players  who  started  in  New  York  or  first 
attracted  studio  scouts'  attention  to  their  ability : 

Columbia 

Walter  Connolly,  Alan  Dinehart,  Glenda  Farrell,  Wallace  Ford, 
Monroe  Owsley,  Gene  Raymond,  Ned  Sparks  and  Peggy  Shannon. 

Fox 

Henrietta  Crosman,  James  Dunn,  Preston  Foster,  Philip  Merivale, 
Ralph  Morgan,  Will  Rogers  and  Spencer  Tracy. 

Metro-Goldwyn-Mayer 

Ethel,  John  and  Lionel  Barrymore,  Wallace  Beery,  Alice  Brady, 
Charles  Butterworth,  Mae  Clarke,  Joan  Crawford,  Marion  Davies, 
Marie  Dressier,  Jimmy  Durante,  Madge  Evans,  Clark  Gable,  Helen 
Hayes,  Walter  Huston,  Otto  Kruger,  Ben  Lyon,  Jeanette  MacDonald, 
Willard  Mack,  Una  Merkel,  Robert  Montgomery,  Frank  Morgan,  Jack 
Pearl,  May  Robson,  Franchot  Tone,  Lee  Tracy  and  Ed  Wynn. 

Paramount 

Adrienne  Ames,  Mary  Boland,  Burns  and  Allen,  Claudette  Colbert, 
W.  C.  Fields,  Four  Marx  Brothers,  Frances  Fuller,  Cary  Grant,  Miriam 
Hopkins,  Jack  La  Rue,  Fredric  March,  Jack  Oakie,  Lyda  Roberti, 
Charles  Ruggles,  George  Raft,  Sylvia  Sidney,  Alison  Skipworth  and 
Mae  West. 

RKO  Pictures 

Fred  Astaire,  John  Barrymore,  Constance  Bennett,  June  Brewster, 
Bill  Cagney,  "Chick"  Chandler,  Irene  Dunne,  Betty  Furness,  William 
Gargan,  Wynne  Gibson,  Ann  Harding,  Katharine  Hepburn,  Leslie 
Howard,  Arline  Judge,  Pert  Kelton,  Francis  Lederer,  Dorothy  Lee, 
Eric  Linden,  Helen  Mack,  Ginger  Rogers,  Bert  Wheeler,  Robert 
Woolsey. 

Warner-First  National 

Robert  Barrat,  Joan  Blondell,  George  Brent,  Joe  E.  Brown,  James 
Cagney,  Riith  Chatterton,  Bette  Davis,  Ruth  Donnelly,  Glenda  Farrell, 
Kay  Francis,  Hugh  Herbert,  Arthur  Hohl,  Leslie  Howard,  Allen  Jen- 
kins, Al  Jolson,  Ruby  Keeler,  Guy  Kibbee,  Aline  MacMahon,  Frank 
McHugh,  Adolphe  Menjou,  Paul  Muni,  Pat  O'Brien,  William  Powell, 
Edward  G.  Robinson,  Barbara  Stanwyck,  Lyle  Talbot,  Sheila  Terry, 
Helen  Vinson,  Gordon  Westcott,  Warren  William. 

United  Artists 

Judith  Anderson,  Lionel  Atwill,  Eddie  Cantor,  Tuilio  Carminati,  Russ 
Colombo,  Douglas  Fairbanks,  Eddie  Foy,  Jr.,  Texas  Guinan,  Mary  Pick- 
ford,  Blossom  Seeley,  Andrew  Toombs  and  Frances  Williams. 

Universal 

John  Boles,  Leila  Hyams,  June  Knight,  Edmund  Lowe,  Roger  Pryor, 
Claude  Rains,  Margaret  SuUavan. 


Rowland-Brice  Set 
On  Musical,  Shorts 

Rowland-Brice  Prod.,  with  "Moon- 
light and  Pretzels"  and  "Take  a 
Chance"  behind  them,  expect  to  make 
"Singing  Troubadour"  as  their  next 
musical  in  New  York. 

In  addition  to  their  feature  activity, 
the  company  is  under  contract  to  Uni- 
versal for  a  series  of  16  shorts  fea- 
turing Broadway  and  radio  personal- 
ities. Thirteen  are  completed,  includ- 
ing four  with  Morton  Downey,  four 
with  Louis  Sobol,  columnist  of  the 
Ne^v  York  Evening  Journal,  three 
with  Nick  Kenny,  radio  editor  of  the 
New  York  Daily  Mirror,  and  two 
with  Walter  Winchell,  columnist  on 
the  same  tabloid. 


Bray  Planning  Two 
Single  Reel  Series 

Bray  Productions  is  making  two 
series  of  one-reelers  in  the  east,  both 
of  them  for  distribution  via  Columbia. 

One  series  is  known  as  "Minute 
Mysteries,"  two  of  which  are  finished 
and  were  directed  by  Lynn  Shores 
with  Ben  Schwab  as  production  man- 
ager. They  were  made  at  the  Fox 
Movietone  News  studio.  The  yarns 
are  based  on  stories  by  H.  A.  Ripley 
which  are  appearing  in  the  Chicago 
Tribune  and  the  New  York  Daily 
Nezvs  and  syndicated  to  other  news- 
papers throughout  the  country. 

The  second  series  is  "World  of 
Sports."  RCA  Photophone  is  being 
used  on  both. 


East  Is  Only 
Spot  To  Make 
Shorts  -  Sax 


{Continued  from  pac/e  14) 

tion  schedule — a  schedule  which  at 
the  Vitaphone  Studios  here  bears  the 
regularity  of  a  train  time-table. 

"In  New  York,"  he  says,  "we  can 
get  the  services  of  a  performer  in  no 
time.  There  are  no  heavy  transporta- 
tion costs  to  worry  about.  And  there 
is  no  fancy  financial  consideration 
such  as  you  have  to  offer  a  stage  star 
brought  expressly  to  the  coast  for 
picture  work.  Since  work  in  shorts 
made  here  would  not  interfere  with 
the  performer's  stage  appearances,  the 
salary  demands  are  likely  to  be  reason- 
able. The  money  made  from  picture 
sources  under  this  arrangement  is  re- 
garded by  the  performer  simply  as 
extra  money  augmenting  the  stage  or 
radio  earnings. 

"If  our  shorts  were  made  on  the 
coast  and  we  desired  a  certain  per- 
former tied  up  with  a  stage  engage- 
ment at  the  time,  we  would  be  forced 
to  wait  perhaps  for  months  until  the 
show  completed  its  run  on  Broadway. 
To  do  this  would  impel  us  to  break 
up  our  production  schedule.  We  would 
be  operating  in  a  continual  stage  of 
confusion.  And  a  program  like  ours 
calling  for  160  reels  of  shorts  a  year 
cannot  be  got  through  on  time  or  with 
profit  showing  unless  it  is  carried  out 
with  system  and  dispatch." 

To  make  musical  shorts  on  the 
coast  would  mean  loss  of  the  services 
of  many  noted  stage  performers  who 
would  never  think  of  giving  up  stage 
work  to  appear  in  shorts,  according 
to  Sax.  In  the  east  the  shorts  pro- 
ducer does  not  suffer  from  this  score, 
for  the  star  can  appear  in  pictures 
without  abandoning  the  stage  activi- 
ties he  values  so  highly.  The  film 
work  can  be  done  between  stage  per- 
formances. 

Sax  expressed  the  belief  that, 
apart  from  the  added  costs  incidental 
to  the  transportation  of  talent  from 
New  York  to  Hollywood,  the  produc- 
tion of  Vitaphone  shorts  on  the  coast 
would  be  a  heavier  drain  on  the  com- 
pany's finances  than  in  the  east.  The 
tremendous  overhead  that  is  the  rule 
in  Hollywood  picture  making  he  says 
would  reduce  profits.  "Here  we  have 
a  short-reel  organization,  with  a 
short-reel  overhead,"  is  the  way  Sax 
expresses  it. 

With  all  these  factors  taken  into 
consideration,  musical  shorts  produc- 
tion on  the  coast  would  be  disastrous 
from  a  financial  point  of  view,  accord- 
ing to  Sax. 

He  points  out  that  what  applies  to 
stage  and  radio  performers  applies 
equally  to  writers  and  other  talent 
engaged  in  the  stage  production. 


See  Need  in  East 
For  Finance  Unit 

(Continued  from  page  14) 

true.  On  the  coast,  they  assert,  the 
number  of  pictures  turned  out  is  so 
great  that  50  "flops"  out  of  a  year's 
total  attract  little  attention,  whereas 
one  "flop"  out  of  the  handful  of  pic- 
tures turned  out  in  the  east  sticks  out 
like  a  sore  thumb.  On  comparative 
figures,  they  maintain,  the  west 
would    be   making   a   worse    showing. 


JVe  Gave   You 

^^Moonlight  and  Pretzels^^ 


A    UNIVERSAL    Release 


We  Give   You 

A    PARAMOUNT    Release 

IVe  Are  Going   to  Give   You 

•  More  of  the  same  type 
in  the  very  near  future 


WatcK  Vox  Our  Announcement 


William  Rowland-Monte  Brice 

Productions 

1776  Broadway  New  York  City 


26 


MOTION  PICTURE 

DAILY 


Tuesday,   October  3,    1933 


Weiss  Plans 
All  Activity 
In  the  East 


Producing  independently  in  the 
East,  Louis  Weiss  plans  to  make  a 
number  of  pictures  under  various  cor- 
porate names,  including  Exploitation 
Pictures,  Inc..  Stage  &  Screen  Pro- 
ductions and  International  Stageplay 
Pictures,  Inc.  He  is  supervising  all 
pictures  himself. 

Already  completed  are  "Enlighten 
Thy  Daughter,"  which  was  produced 
at  the  Photocolor  Studios  at  Irving- 
ton,  N.  Y. ;  "Drums  o'  Voodoo,"  with 
an  all-colored  cast,  at  the  Atlas  Stu- 
dios in  Long  Island  City ;  "Before 
Morning,"  with  Leo  Carrillo,  Her- 
bert Rawlinson  and  a  number  of  other 
stage  stars  at  the  same  plant. 

Distribution  will  be  through  state 
rights  exchanges.  Weiss  plans  to  or- 
ganize a  colored  stock  company  pro- 
vided "Drums  o'  Voodoo"  gets  over. 
The  picture  will  be  roadshown  in  vari- 
ous spots  before  being  nationally  re- 
leased. 

Weiss  expects  to  start  his  next  pic- 
ture in  about  five  weeks.  Studio  is 
not  yet  set. 


Jafa's  List  of  4 
To  Be  Put  Through 

Plans  of  Jewish  American  Film 
Arts  (JAFA)  to  make  four  features 
in  Yiddish  and  English  will  go 
through,  the  company  declared  yes- 
terday. 

The  company  recently  finished  "The 
Wandering  Jew"  in  Yiddish  only  with 
Jacob  Ben-Ami  and  a  number  of  the 
cast  currently  appearing  in  "The 
Romance  of  a  People,"  pageant  deal- 
ing with  4,000  years  of  Jewish  history 
now  running  nightly  at  the  Kings- 
bridge  Armory  in  the  Bronx. 

George  Roland,  who  directed  the 
first,  will  handle  the  remaining  four 
while  Herman  Ross  will  be  the  pro- 
ducer. "The  Wandering  Jew"  was 
made  at  the  Atlas  Studio  where  the 
others  probably  will  be  made  as  well. 


Edwin  Hill  Series 
May  Be  a  Feature 

On  schedule  as  a  series  of  12  shorts. 
Master  Art  Products  is  considering, 
but  has  not  yet  decided,  making  "The 
Human  Side  of  the  News"  into  a 
feature.  Edwin  C.  Hill,  newspaper- 
man and  radio  news  commentator,  will 
be  featured. 

"Pet  Superstitions,"  another  of  Mas- 
ter Arts  series,  may  be  partially  pro- 
duced  in  the   East  as  well. 


All  "Wide  Range" 

The  Eastern  Service  Stu- 
dios in  Astoria,  occupying  the 
former  Paramount  production 
headquarters  in  the  East,  is 
said  to  be  the  only  picture 
plant  in  the  United  States  at 
the  moment  provided  with 
complete  Erpi  "Wide  Range" 
sound  recording  equipment. 


Plans  Four  More 

Chester  Erskine,  Broadway 
stage  producer,  who  recently 
completed  "Midnight"  at  the 
Biograph  studio  in  the  Bronx, 
has  plans  for  four  more  fea- 
tures to  be  made  in  New 
York.  He  will  not  only  pro- 
duce, but  direct. 

Reports  are  current  that 
"Midnight"  will  be  released 
through  RKO,  although  no 
deal  has  been  struck  as  yet. 


Paramount  Making 
Shorts  List  Here 


All  Paramount  shorts  are  being 
made  in  the  East.  "Paramount  Head- 
liners,"  13  strong  and  each  in  one- 
reel,  are  down  on  the  schedule  for 
production  at  the  comnany's  newsreel 
headquarters  on  West  43rd  St.  Two 
were  finished  the  other  day  at  Eastern 
Service  Studio,  although  sorne  of  them 
may  be  made  on  the  coast.  Availabil- 
ity of  talent  is  the  determining  factor. 

Other  shorts  made  here  include  the 
13  "Screen  Souveniers,"  13  "Para- 
mount Pictorials,"  13  "Sportlights," 
12  "Betty  Boops,"  12  "Popeyes"  and 
12  "Screen  Songs."  The  last  three 
series  are  produced  by  Max  Fleischer, 
who  has  always  maintained  headquar- 
ters in  New  York. 


Pinnacle  Will  Make 
Four  Features  Here 

Pinnacle  Pictures,  latest  of  eastern 
producers,  is  in  formation  with  a 
planned  schedule  of  four  features. 
First  is  "Grey  Riders,"  written  by 
Pat  Powers,  not  the  film  executive, 
but  a  former  state  trooper. 

The  company  expects  to  get  its 
initial  picture  in  work  next  month. 
It  will  use  RCA  "High  Fidelity" 
sound.  No  studio  has  been  selected 
as  yet. 

Jack  McKee  is  the  prime  mover  be- 
hind the  enterprise.  He  declares  east- 
ern  financial  men  are  his   backers. 


First  Magna  Ready; 
Plans  Hanging  Fire 

Magna  Pictures,  headed  by  Meyer 
Davis,  orchestra  leader,  has  completed 
one  musical  short  and,  for  the  time 
being,  has  no  immediate  plans  for  fur- 
ther production. 

Completed  is  "That's  the  Captain," 
with  Arthur  Tracy,  Baby  Rose  Marie, 
Freddie  Rich's  orchestra,  Ray  Knight 
and  others.  Ray  McCarey,  former 
Vitaphone  director,  is  with  the  com- 
pany. 


One  Starmark  Ready 

"Get  That  Venus,"  produced  by 
Starmark  for  release  through  Regent, 
has  been  finished.  Produced  at  Fort 
Lee  and  directed  by  Grover  Lee,  the 
cast  includes  Ernest  Truex,  Jean  Ar- 
thur, Molly  O'Day,  Herbert  Rawlin- 
son and  Tom   Howard. 


Keaton  May  Do  Two  Here 

Buster  Keaton  may  make  two  pic- 
tures in  the  East  when  he  completes 
a  personal  appearance  tour  now  un- 
der way.  Joe  Rivkin  of  the  Leo 
Morrison  office  is  working  on  a  deal. 


Audio  Yet  to 
Finally  Set 
Its  Program 


Scientific  shorts,  re-edited  for  the- 
atrical use,  will  be  handled  by  Audio 
Prod.,  recently  formed  by  Erpi,  with 
W.  A.  Bach,  long  an  executive  with 
that  company,  as  president.  While 
Audio  expects  to  produce,  its  plans 
are  not  definitely  set  as  to  number. 
Whatever  production  is  undertaken, 
however,  will  be  centered  in  the  East- 
ern Service  Studios  in  Astoria  and 
the  Bronx. 

"We  shall  undertake  the  production 
of  a  series  of  short  pictures,  animated 
or  otherwise,  when  a  series  presents 
itself  to  us  that  seems  unusual  and 
entertaining,"    said   Bach   yesterday. 

"We  shall  cooperate  with  producers 
in  a  consulting  capacity  in  the  many 
instances  bound  to  arise  where  our 
facilities  and  specialized  experience 
can  enable  us  to  be  of  service.  It  is 
impossible  at  this  state  to  give  specific 
figures  on  all  our  plans." 


Dicker  for  Six  at 
Oceanside  Studios 

Six  features  are  planned  for  pro- 
duction at  the  Hayes  &  Beall  studios 
at  Oceanside,  Long  Island.  Max  Hayes 
says  negotiations  are  practically  set 
and  details  will  be  ready  for  release 
in  a  few  days.  Three  stages  with  the 
necessary  sound  equipment  are  ready. 


Goldwyn  to  Film  "Oz" 

Hollywood,  Oct.  2. — "The  Wizard 
of  Oz"  is  to  be  made  into  a  screen 
musical  extravaganza  by  Samuel  Gold- 
wyn for  release  by  United  Artists. 
Written  by  Frank  Baum,  it  has  been 
the  greatest  juvenile  best  seller  in 
American  literature  since  1900.  Fred 
Stone  and  the  late  Dave  Montgomery 
starred  in  the  stage  production. 

An  early  start  is  planned.  A  new 
score  will  be  written  and  the  film 
probably  will  be  done  in  color. 


Sheridan  to  Station  KSO 

Des  Moines,  Oct.  2.— Hal  R. 
Sheridan  has  resigned  as  manager  of 
the  Des  Moines  to  become  manager  of 
radio  station  KSO,  owned  by  the  Des 
Moines  Register  &  Tribune.  He  was 
manager  for  Fox  in  New  Jersey  and 
lower  New  York  in  1930,  and  as  such 
opened  the  first  all  children's  theatre 
in  Jersey  City,  having  co-operation  of 
Herbert  Hoover,  then  president,  in 
the  project. 


Cancel   Barrymore   Date 

Columbus,  Oct.  2.— The  engage- 
ment of  Ethel  Barrymore  and  five 
vaudeville  acts  accompanying  her, 
booked  for  the  RKO  Palace  next 
week,  has  been  cancelled,  due  to  labor 
troubles  when  a  stage  show  plays 
here,  according  to  a  statement  from 
the  theatre. 


Brown  Favors 
Contact  Trips 
By  All  Talent 


Kansas  City,  Oct.  2. — Studios 
should  make  it  compulsory  for  pic- 
ture makers  to  go  out  in  the  field  at 
least  once  a  year  and  freshen  up  on 
viewpoints  by  mingling  with  those 
who  sell  pictures  to  the  exhibitor  and 
with  exhibitors  themselves,  believes 
Clarence  Brown,   M-G-M  director. 

He  is  seizing  the  opportunity  to  do 
just  that  during  a  west-to-east  coast 
flight,  which  primarily  and  officially 
is  to  map  the  route  of  the  "Night 
Flight   Derby." 

"Exhibitors  are  losing  thousands  of 
dollars  a  year  by  not  exploiting  to  the 
fullest  the  possibilities  of  pictures  with 
name  values,"  he  said. 

Brown  believes  star  lending  is  detri- 
mental to  the  studio  which  has  the 
borrowed  players  under  contract.  The 
practice  is  all  right  as  far  as  minor 
actors  are  concerned  and  as  a  means 
of  providing  temporary  payroll  relief, 
but  where  major  players  are  involved, 
it  proves  a  boomerang,  the  competi- 
tion thus  set  up  more  than  offsetting 
the  benefits,  in  his  opinion. 

Concerning  the  recent  trend  toward 
percentage  deals  with  talent.  Brown 
said  these  would  be  acceptable  if  on 
a  percentage  of  the  gross.  Basing  the 
split  on  a  percentage  of  profits  would 
be  rejected  by  important  players,  di- 
rectors and  writers,  he  declared. 

Amplifying  his  view  that  directors 
should  make  field  trips,  Brown  said 
"it  was  a  mistake  to  sit  in  Hollywood 
and  depend  on  the  ideas  of  others  in 
the  business  as  to  what  is  wanted, 
without  getting  out  once  in  a  while." 

The  same  applies  to  previews,  and 
for  this  reason  studios  have  been  tak- 
ing pictures  to  San  Diego  and  other 
points  outside  the  Hollywood  sector 
for  audience  reaction  before  final  edit- 
ing. In  this  connection,  he  favors  re- 
viewing of  pictures  when  they  are  ac- 
tually ready  and  not  before,  as  a  re- 
port on  an  unedited  version  is  inaccu- 
rate and  gives  the  wrong  impression. 

Brown  stayed  overnight  in  Kansas 
City  and  met  a  number  of  people,  in- 
cluding, among  others,  Harris  P. 
Wolfberg,  M-G-M  district  manager; 
Frank  Hensler,  branch  manager,  and 
John  McManus,  manager  of  Loew's 
Midland. 


Failures  Hit  Dayton 

Dayton,  Oct.  2. — Theatres,  as  well 
as  business  generally,  are  suffering  a 
reaction  since  eight  building  and  loan 
companies,  with  deposits  aggregating 
several  millions,  were  taken  over  by 
the  state  late  last  week.  All  will  be 
liquidated. 


Warner  Lease  Suit 
Filed  in  Milwaukee 

Milwaukee,  Oct.  2. — Suit  for 
$10(^W0  has  been  brought  against 
Warners  by  the  Baker  Building  Co. 
of  Racine,  charging  breach  of  a  lease. 
It  is  alleged  that  under  the  15-year 
lease  which  the  circuit  holds  on  the 
Rialto  there  is  an  agreement  to  keep 
the  house  open  for  a  period  of  10 
months   each   year. 

It  is  agreed  that  Warners  have  been 
paying  the  rent,  but  that  they  have  not 
operated  the  theatre  for  the  specified 
period.  It  is  alleged  that  because  of 
failure  to  keep  the  theatre  open  the 
rest  of  the  building  has  been  damaged. 


W anger     Coming  East? 

Hollywood,  Oct.  2. — Reports  persist 
Walter  Wanger  is  leaving  M-G-M  to 
rejoin  Paramount  in  the  east.  No 
confirmation  can  be  had. 


Mood  Shorn  NowS 


% 


LAVISH  AND  UNUSUAL 
PRODUCTION 


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/^ 


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A  SMASHING   INDICTMENT   OF    PARENTAL    PRUDERY 

WITH 

HERBERT  RAWLINSON  -  MIRIAM  BATTISTA 

AND  A  CAST  OF  BROADWAY  STARS 


Including 

CLAIRE  WHITNEY 
WESLEY  BARRY 
ARA  GERALD 
BETH  BARTON 
CHARLES  EATON 


ROBERT  E.  KEANE 
LILLIAN  WALKER 
RUSSELL  HICKS 
ED  MAC  DONALD 
EUNICE  REED 


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Mrihuiedbu  fXPlOITATION  PICTllRIS  Inc.  729r-"AVE.N.Y.c 

/  CADLErWEI/^PICT   N.Y^ 


28 


MOTION  PICTURE 

DAILY 


Tuesday,  October  3,    1933 


Hatch  and  Newman 
Open  N.Y. 'Change 

Stanley  W.  Hatch  and  Arthur 
Newman,  both  well  known  for  many 
years  in  distribution  in  the  East,  yes- 
terday opened  a  New  York  exchange 
called  Beverly  Hills  Prod.,  which,  be- 
sides Beverly  product,  formerly  hand- 
led by  Invincible,  will  also  distribute 
in  this  territor>'  other  series  and  indi- 
vidual one,  two  and  three  reel  subjects. 
On  the  program  for  1933-34  are  15 
Elmer  Clifton  subjects. 

"U"  Cameraman  Shot 

Havax.a,  Oct.  2. — Joseph  Gibson, 
a  Universal  newsreel  man,  was  among 
those  wounded  in  riots  that  took  six 
lives  recently  when  police  tried 
to  break  up  a  Communist  parade  here. 
Gibson,  who  received  several  bullets 
in  his  legs,  was  not  seriously  wounded. 
Newsreel  shots  taken  by  him  were 
confiscated  by  police. 


John  Henry  McKee 

DIALOGUE   DIRECTOR 

AMERICAN    VERSION 

''NONE  SO  BLIND" 

Released    through 

HELBER   PICTURES.   INC. 

Announces  his  association 

with 

Pinnacle  Productions 

Starting  January  1st,  1934 
to  direct  the  following  fea- 
ture pictures: 

"GREY   RIDERS" 

By   PAT   POWERS 

"RIVER  TRAMPS" 

By  JACK  FRANCIS 

"FOG  BOUND" 

By  SAMUEL  JOHN   PARK 

"CATASTROPHE" 

By  JOHN  HENRY  McKEE 

• 

Now  on  Location  for 

De  Frenes  Motion  Pictures 

• 

Will  consider  offers 

until  December 

• 

Sole   Representative 

General  Play  Company 

551   Fifth  Ave.  New  York 

Phone:   VAnderbilt  3-4557 


SOUND 
EFFECTS 

2500    EFFECTS    ON    DISC 
INSTANTLY    AVAILABLE 

THOMAS  J.  VALENTINO 

729   -    7th   AVE. 
BRy.  9-5543  N.  Y.  0. 


Rental  Ruling 
To  Affect  Big 
Publix  Claims 


More  than  $30,000,000  in  possible 
future  rent  claims  against  Publix  En- 
terprises are  affected  by  a  ruling 
handed  down  by  Referee  Henry  K. 
Davis  last  week  disallowing  an 
amended  claim  for  approximately 
$620,000  which  the  owners  of  three 
Missouri  theatres  sought  leave  to  file 
early  in  September. 

A  similar  ruling  on  all  or  a 
majority  of  the  claims  arising  from 
lease  obligations  would  eliminate  one 
of  the  major  reorganization  problems 
faced  by  Irving  Trust  Co.  as  trustee 
in  bankruptcy  for  Paramount  Publix, 
it  was  stated  yesterday.  An  Irving 
Trust  representative  estimated  that 
approximately  $8,000,000  in  future  rent 
claims  were  already  pending,  awaiting 
a  ruling  of  the  referee.  The  filing  of 
an  additional  $22,000,000  in  future  rent 
claims  is  believed  to  hinge  on  the  dis- 
position of  those  now  awaiting  rulings. 

The  Missouri  claim  was  based  on 
future  rents  for  the  period  of  leases 
on  the  Paramount  at  Springfield, 
Paramount  at  Joplin,  and  Electric  at 
Kansas  City,  formerly  operated  by 
Publix-Dubinsky.  The  leases  aggre- 
gated approximately  $2,000,000  and 
the  amended  claim  of  $620,000  was 
filed  by  the  owners  in  accordance  with 
Missouri  bankruptcy  laws.  While 
Referee  Davis's  ruling  refusing  to 
allow  the  claims  is  not  regarded  by 
Publix  Enterprises'  trustees  as  estab- 
lishing a  precedent  in  such  cases,  they 
said,  it  is  regarded  as  strengthening 
their  position  in  contesting  similar 
claims  now  pending.  One  such,  filed 
by  the  Georgia  Realty  Corp.,  involv- 
ing about  $2,500,000,  will  be  heard  by 
Referee  Davis  on  Thursday. 


Decision  Reserved 
On  Appeal  by  Zirn 

Decision  was  reserved  yesterday  by 
the  U.  S.  Circuit  Court  of  Appeals  on 
the  motion  of  Samuel  Zirn,  counsel  for 
a  group  of  Paramount  bondholders, 
for  permission  to  appeal  a  decision 
denying  an  earlier  motion  to  remove 
the  Paramount  trustees  in  bankruptcy 
and  Referee  Henry  K.  Davis. 

Zirn  and  attorneys  for  Davis  and 
the  Paramount  trustees  were  given 
until  Wednesday  to  file  additional 
briefs  on  the  motion,  with  a  ruling 
expected  from  the  court  in  about  two 
weeks. 

Zirn's  first  motion  to  remove 
Trustees  Charles  D.  Hilles,  Eugene 
W.  Leake  and  Charles  E.  Richardson 
and  Referee  Davis  was  denied  by 
Judge  Francis  G.  Coleman  in  U.  S. 
District  Court  here  last  June.  His 
motion,  as  well  as  his  appeal  yester- 
day, was  based  on  alleged  affiliations 
of  the  trustees  with  financial  and  film 
interests  which,  Zirn  charged,  were 
prejudicial  to  the  interests  of  general 
creditors.  His  motion  charged  Referee 
Davis  with  bias. 


''Scandals'*  on  RKO  Time 

George  White's  "Scandals"  is  not 
going  out  over  Loew  time,  as  stated 
in  the  Motion  Picture  Daily  on 
Friday.  White  says  his  show  is  now 
playing  RKO  time  under  an  arrange- 
ment made  by  himself. 


Publix  Tennessee 
Group  to  New  Unit 


Publix  Enterprises  trustees  yester- 
day were  authorized  by  Referee  Henry 
K.  Davis  to  form  a  new  corporation 
to  take  over  newly  negotiated  leases 
on  four  Chattanooga  and  Nashville 
theatres  from  the  trustee  in  bank- 
ruptcy for  Tennessee  Enterprises,  a 
Publix  subsidiary. 

The  theatres  involved  are  the  State. 
Tivoli  and  Rialto  at  Chattanooga  and 
Paramount  at  Nashville.  Assignment 
of  the  leases  to  the  new  corporation 
was  contingent  upon  purchase  of  the 
equipment  in  the  State  and  Paramount 
for  $40,000  by  Publix  Enterprises. 
The  purchase  was  approved  by  Ref- 
eree Davis  over  a  single  objection 
filed  by  Georgia  Realty  Corp.,  lessor 
of  various  southern  theatres  to  Pub- 
lix Enterprises,  the  validity  of  whose 
claim  for  over  $2,500,000  on  future 
rents  will  be  ruled  on  Thursday  by 
Referee  Davis. 

Three  other  petitions  of  the  Publix 
Enterprises'  trustees  scheduled  to  have 
been  heard  yesterday  were  postponed 
to  Thursday  on  the  petition  of  at- 
torneys for  Paramount  Publix  bond- 
holders. The  petitions  involved  set- 
tlement of  claims  involving  over  $1,- 
500,000  against  A.  H.  Blank;  a  pro- 
posed settlement  of  claims  aggregat- 
ing more  than  $2,200,000  involving 
Karl  Hoblitzelle  and  the  Interstate 
Circuit,  Texas,  and  approval  of  a  con- 
tract negotiated  by  the  Publix  Enter- 
prises trustees  with  Frank  Perry  in- 
volving the  settlement  of  about  $250,- 
000  in  claims  against  Virginia  and 
Tennessee  theatre  subsidiaries. 


Strand,  Milwaukee 
To  Open  on  Oct.  7 


Milwaukee,  Oct.  2. — With  the 
Strand  scheduled  to  reopen  Oct.  7 
as  a  Warner  house,  all  first  runs 
will  again  be  functioning  for  the  first 
time  in  many  moons.  The  Strand, 
formerly  operated  by  Midwesco,  has 
been  dark  for  many  months  and  before 
that  was  operated  only  intermittently. 
The  1400-seat  house  is  being  redeco- 
rated before  reopening. 

Reopenings  during  the  past  several 
weeks  around  the  state  have  been  nu- 
merous and  local  exhibitors  report  im- 
proved business  with  a  30  per  cent  in- 
crease in  attendance  at  downtown 
houses  and  an  increase  of  approxi- 
mately 25  per  cent  reported  by  neigh- 
borhood exhibitors. 

The  Hollywood,  local  neighborhood 
house  formerly  operated  by  the  A.  E. 
A.  Corp.,  reopened  Sept.  218  under  the 
direction  of  the  Hollywood  Theatre 
of  Milwaukee,  Inc.,  while  the  Roose- 
velt, formerly  the  Iris,  reopened  Sept. 
30  under  the  direction  of  John  Ludwig. 
Reopenings  in  the  state  include  the 
Empire  at  Manitowoc,  under  the  op- 
eration of  R.  H.  Bogel  and  the  Falls 
at  Sheboygan  Falls  by  Mike  Lencione. 


Associated  Film  Expands 

Kansas  City,  Oct.  2. — Associated 
Film  Distributors  of  Kansas  City, 
independent  firm,  is  completing  a  pro- 
gram of  expansion  with  branches  in 
Des  Moines,  St.  Louis  and  Memphis 
already  established  and  a  fourth  to  be 
opened  in  the  southwest,  according  to 
Marvin  Godwin,  general  manager. 


"Most  Complete  Laboratory 
Service  in  the  East^^ 

With  an  expert  staff  of  technicians  and  a  modern, 
perfectly  eqxxipped  plant,  we  offer  an  unusually  com- 
plete laboratory  service  for  producer  and  distributor. 

Specializing  in 


• 

and 

• 

Superimposed 
Title 

SOUND  TRACK 

Cutting 
Rooms 

Department 
for 

DEVELOPING 

Single   and 

Foreign 

• 

Double 

Distributors 

• 

FIRST  PRINTS 

Moviola 

• 

RELEASE  PRINTS 

of  the  highest 
QUALITY 

RODUCERS  Laboratories,  Inc. 

Film  Center  Building,  630  Ninth  Avenue,   N,  Y. 

PEnnsylvania   6-4986-7 

Harry  Glickman,  President  E.  J.  Rosenberg,  Treasurer 


A   Nucleus   for   Eastern    Production  — 
—A  New  Alliance  of  Stage  &  Screen 


EDDIE  DOWLING 

provides    at 

Eastern  Service  Studios,  Astoria 

a  background  of  modem  studio  facilities,  technical  staff, 
equipment  and  organization  whereby  recognized  stage 
sources  may  find  the  opportunity  to  participate  in  the  pro- 
duction of  the  film  versions  of  their  own  stage  successes,  with 
complete  independence,  confidence  and  the  assurance  of  com- 
petent, friendly,  dignified  contractual  relations,  in  co-part- 
nership. 


Our  First  Picture 

to  he  released 
by  PARAMOUNT 


ARTHUR  HOPKINS  in  association  with  EDDIE  DOWLING 
presents  ARNOLD  BENNETT'S  comedy 

^7HE    GREAT    ADVENTURE" 

Starring  LILLIAN  CISH  and  ROLAND  YOUNG 


Other    Announcements    To    Follow— Producers,    Writers, 
Acting    and    Directing    Talent— Communicate    With 

EDDIE  DOWLING 

Eastern    Service    Studios-Astoria-Long    Island 

RAvenswood  8-8300 


30 


MOTION  PICTURE 

DAILY 


Tuesday,  October  3,   1933 


Behind  the  Make-Up 


.BY  ED  DAWSON= 


J  EDWARD  SHUGRUE  and  Jer- 
•  rold  Krimsky  of  Filmchoice  are 
taking  it  a  little  easier  now  that  John 
Krimsky  is  back  from  Europe  and 
"Emperor  Jones"  has  been  opened. 

*  *    * 

Joe  Rock,  producer  of  "Krakatoa," 
will  soon  step  into  a  swell  spot  with 
one  of  the  film  companies. 

*  *    * 

Arthur  Edeson,  first  cameraman  on 
the  "Great  Adventure"  production,  is 
on    the    coast.     Made    it    via    the    air 

line. 

+     *     * 

George  Fay,  formerly  of  M-G-M's 
production  department,  is  the  latest  of 
the  west  coast  men  to  come  back  east 

to  work. 

*  *     * 

Louis  Weiss  has  just  finished  his 
latest  picture,  "Enlighten  Thy  Daugh- 
ter," which  he  produced  at  the  Pho- 
tocolor     studios    at     Irvington-on-the 

Hudson. 

*  *  * 

Ray  Klune,  formerly  with  D.  W. 
Griffith  and  United  Artists,  is  in  com- 
plete charge  of  production  for  all 
Educational    pictures    to    be    made    in 

the  east. 

*  *  * 

That  fellow,  Jack  White,  can  hardly 
wait  to  start  work  on  the  first  of  the 
Educational  shorts  he  is  to  direct 
here.  He's  all  around  the  town  look- 
ing for  likely  prospects. 

*  *     * 

Joe  Kane,  sound  technician  over  at 
Eastern  has  a  collection  of  9,643  pho- 
tographs of  his  year-old  daughter.  By 
the  time  she  reaches  21  Joe  will  have 
quite  a  collecti©n  at  present   speed. 

*  *     * 

Paul  Florenz,  who  directs  all  the 
dance  routines  in  Vitaphone's  East- 
ern productions,  is  a  daddy  for  the 
second  time.  His  new  pride  and  joy  is 
a  boy. 

*  *    * 

Ballard  MacDonald  and  Milton 
Schwarzwald's  latest  tune,  "Moon- 
light Troubadour,"  written  for  Nick 
Lucas  in  the  Mentone  short,  "On  the 
.Air  and  Oflf,"  is  to  be  published. 

*  *    * 

Dolph  Singer  has  been  put  on  in  the 
comedy  department  of  Vitaphone. 
Eddie  Moran  has  been  transferred  to 
the  music  department  of  the  same  out- 
fit. 


All  for  Bruce 

Watched  funny,  little  Eddie 
Bruce  with  his  inevitable 
cigar  and  oddly  shaped  hat 
go  through  his  paces  in  the 
Vitaphone  short  in  which 
Molly  Picon  was  featured. 
Bruce,  we  understand,  will  be 
in  the  "Easy  Aces"  short  to 
be  shot  today  at  the  same 
studio.  What  we  cannot 
understand  is  why  this  ace 
comedian  is  not  featured  in  a 
short  of  his  own. 


Buster  Keaton,  who  has  been  doing 
the  rounds  of  little  ol'  N'  York  these 
past  few  months,  has  started  work  at 
a  St.  Louis  theatre,  in  a  vaudeville  act 
in  which  he  uses  seven  stooges. 

*  *  * 

Duke  Ellington  will  go  to  the  coast 
to  make  a  picture  for  Paramount  when 
he  finishes  his  Texas  tour  in  Decem- 
ber. The  Duke  has  made  a  number  of 
short  subjects,  but  this  will  be  his 
first  feature. 

*  ^     * 

Lynn  Shores'  West  Coast  studio 
over  on  57th  St.  has  been  busy  on 
the  fourth  of  the  Mentone  shorts  to 
be  produced  there.  The  entire  cast 
was  composed  of  actors  from  the 
Catholic  Actors'  Guild. 

*  *  * 

Frank  Tours  and  Max  Manne,  who 
used  to  be  on  the  Paramount-Publi.x 
music  stafif,  did  the  arranging  of  the 
musical  score  for  the  John  Krimsky- 
Gifford  Cochran  "Emperor  Jones" 
production. 

*  *     * 

Fred  Waller,  Paramount  News 
director,  and  Bill  Steiner  of  Eastern 
Service  studio  have  been  putting 
Borrah  Minnevitch  and  his  Har- 
monica Rascals  through  their  paces 
for  a  Paramount  short. 

*  *     * 

Bill  Miller,  who  recently  finished 
shooting  "Get  That  Venus"  for  Star- 
mark  Prod.,  expects  to  fly  to  Chicago 
any  day  now  to  take  location  shots 
of  "The  Century  of  Progress"  for 
Paramount. 

*  *  * 

Mrs.  Evelyn  Oakie,  Jack's  ma, 
packed    up    her    rocking    chair   a    few 


Now 
ready  for 
state-right 
release 


3  and  4-reeI  travel  "Featurettes" 
The  Adventure  Pictures  Unusual 
/^O       ^"\^  Jungle!        Animals! 

Ip.      0f  ^     ^^^^  Monstrosities ! 


Volcanoes ! 
Natives! 


For  your  territory 
communicate   with: 

FEATURETTES 


7th  Avenue,  N.  Y.  C. 


BRyant  9-7096 


weeks  ago  and  is  now  East  to  make 
personal  appearances  in  connection 
with  "Too  Much  Harmony,"  the  Para- 
mount picture  in  which  she  made  her 
debut. 

*  *     * 

Roland  Young,  who  has  just  com- 
pleted work  as  the  male  lead  in  the 
Eddie  Dowling  production,  "The 
Great  Adventure,"  is  now  rehearsing 
for  the  lead  in  the  new  Max  Gordon 
stage  play,  "His  Master's  Voice," 
which  opens  soon  on  Broadway. 

*  *     * 

According  to  Marion  Stone,  owner 
of  the  Stone  Film  Library,  recogni- 
tion of  film  libraries  has  been  confined 
to  this  city  and  Hollywood  until  this 
year.  Now,  Mrs.  Stone  says  she  has 
been  getting  calls  from  all  over  the 
world  for  atmospheric  shots. 

*  *  * 

Jerry  Wald,  head  of  the  casting 
and  story  department  of  Meyer  Davis' 
Magna  Pictures,  has  been  loaned  to 
Warners  to  write  an  original  dealing 
with  radio.  Edward  G.  Robinson  and 
Dick  Powell  are  slated  to  play  the 
leads.     He  is  on  his  way  to  the  coast. 

Alex  Gray  appeared  at  the  Roxy 
the  past  week  and  sang  practically 
every  old  number  he  knows.  What 
we  want  to  know  is  why  he  omitted 
the  swell  number  he  did  in  the  Row- 
land-Brice  "Moonlight  and  Pretzel" 
flicker. 

*  *  * 

Mickey  Mouses's  fifth  birthday  was 
not  only  celebrated  with  big  parties 
but  was  also  honored  with  numerous 
broadcasts  over  many  stations.  No 
more  bands  and  orchestras  were  ever 
grouped  together  for  an  occasion  of 
this  kind.  The  happy  rodent  deserved 
it  all. 

*  *     * 

Ralph  Staub,  who  has  been  a  shorts 
director  for  the  past  six  or  seven 
years  for  Columbia,  has  taken  Ray 
McCarey's  place  out  at  Vitaphone. 
McCarey    has    been    taking    a    much- 


needed    rest,    but  is    all    set    now    to 

direct  for   Meyer  Davis'  Magna  Pic- 
tures. 

*  *     * 

George  Twerlinger,  director ;  Carl 
Berger  and  George  Hinners,  camera- 
men, have  left  with  their  equipment 
for  Kingston,  Jamaica,  to  take  shots 
for  an  English  quota  picture.  They 
will  probably  run  into  Harry  Squires 
and  Bert  Pike,  who  are  down  there 
on  the  "Joan  Lowell"  job. 


Joseph  Henabery  has  finally  achieved 
the  goal  he  has  coveted  these  many 
months.  He  is  now  the  undisputed 
champion  ping-ponger  of  the  Vita- 
phone directors,  having  recently  beaten 
Roy  Mack  and  Ray  McCarey.  Cham- 
pionship of  the  entire  studio  is  a  toss- 
up  between  Jack  Henley  and  Cy 
Woods.  Running  a  close  third  is 
Atvos  Otvos. 


EAVES  COSTUME  CO.,  Inc. 

Costuming  the  East's 

Biggest  Productions: 

"MIDNIGHT" 

"MOONLIGHT   &    PRETZELS" 

"EMPEROR  JONES" 

"TAKE  A  CHANCE" 

"GREAT  ADVENTURE" 

• 

GOSTUMERS   TO   THE 

MOTION     PICTURE 

INDUSTRY  SINGE 

ITS  INCEPTION 

Eaves  Costume  Co.,  Inc. 

151  W.  46th  St.      New  York  City 
'Phone  Number:  BRy.  9-7212 


M\ 


MENTONE 
PRODUCTIONS 

INCORPORATED 

Knickerbocker  Building,  Times  Square 

NEW    YORK    CITY 

IRA. 


Producing  for  Universal  Release 

MENTONE  MUSICAL  FEATURETTES 

In  Preparation 

FOUR    THREE- REEL    ORIGINAL    MUSICALS 
TWELVE  TWO-REEL  NRA  DRAMAS 


Attention  .  .  . 

To  MOTION  PICTURE  PRODUCERS 


Two  large  completely  equipped  studios 

Supported  by  an  organization  trained  in 
producing  pictures  of  the  highest  type. 

THE   FIRST   PERMANENT  MOTION   PICTURE   STUDIOS 

IN  THE  SOUTHLAND 

Are  now  at  your  disposal  for  the  making  of  feature 
productions  with  full  cooperation  of  our  tech- 
nical staff,  with  the  latest  equipment. 

Features  recently  produced  at  these  studios: 

"CHLOE"     "A  HIRED  WIFE"  "PLAYTHINGS  OF  DESIRE" 

Directed  by  Directed  by  Directed  by 

MARSHALL  NEILAN  GEORGE  MELFORD  GEORGE  MELFORD 

Starring 
GRETA  NISSEN 

In  production 

"HONORABLE    WOMEN" 

Directed  by  Production  Manager 

LUTHER  REED  RAYMOND  FRIEDGEN 


SUN  HAVEN  STUDIOS 


INCORPORATED 

Sun  Haven  (St.  Petersburg),  Florida 


"We  Supply  EVERYTHING  But 

the  Picture'' 

THEATRES  or  STUDIOS 

Will  find  our  Service  and  Prices 
in  line  with  present  day  budgets. 


UCHTINC    EQUIPMENT 

SCREENS 

SOUND    EQUIPMENT 

AMPLIFIER  TUBES,  etc, 

SEATS 


CARBONS 

CURTAINS    and    DRAPES 

LAMPS 

PROJECTION    EQUIPMENT 

BOOTHS 


and  many  other  items 

Our  Repair  and  Technical  Departments  are  always 
at  your  command.  Get  in  touch  with  our  nearest 
branch   or  write   for    details   to   general    office. 


ALBANY,  N.  Y. 
CINCINNATI.  OHIO 
CHICAGO.  ILL. 
PHILADELPHIA.  PA. 
BOISE.  IDAHO 
CORDOVA,  ALA. 
LAUREL.  MISS. 


BOSTON,  MASS. 
CHARLOTTE.  N.  C. 
WOODSTOCK,  VA. 
DETROIT,  MICH. 
SAN  FRANCISCO,  CAL 
DES  MOINES.  lA. 
WACO,  TEXAS 


NEWCASTLE,  WYO. 
FORT  MEYERS,  FLA. 
OSHKOSH,  WIS. 
BELOIT,  KAN. 
ATLANTA.  GA. 
CLARKSVILLE,  ARK. 
PORTLAND,  ME. 


VORTKAMP  &  COMPANY 

"THEATRE  SUPPLIES  AND  EQUIPMENT" 

1600   BROADWAY,   NEW   YORK   CITY 

Telephone:  CHickering  4-5550 


T^hotocolor  Studio 

ONE    OF    THE    LARGEST    AND    FINEST    EQUIPPED 
SOUND    STUDIOS    EAST    OF    HOLLYWOOD 

0  Scenery — 14  sets,  fully  complete,  for  immediate  use     •     Dressing  Rooms 

to  accommodate  200  people,  with  ample  space  for  extras  •  Restaurant 
space  for  any  number  •  Sleeping  Quarters  for  50  people  •  8,000,000 
feet  of  vault  space     •     Carpenter  Shop  fully  equipped  to  build  anything 

•  Fully  equipped  Machine  Shop  •  Extras  available  at  reasonable 
prices  •  Sound  Projection  Rooms,  Gutting  Rooms  and  every  other 
facility  that  could  be  desired  •  Negative  and  First  Print  Developing 
while  you  are  shooting     •      Positive  Prints   in  color  or  black  and  white 


•       Greatest    Cooperation    possible    from    Local    Union 
Depression  Prices  or  Percentages 


Rental    at 


PHOTOCOLOR    STUDIO 


Irvington-on-Hudson,  New  York 


Telephone:  IRvington  1668-1599 


PAUL 
O  S  CAR  D 

BACK  ON  BROADWAY 

after  two  years  as  director  of  production  for: 

Gaumont  Theatre 

Olympia   Theatre 

Moulin  Rouge 

Paris,  France 

Again  At 

PARAMOUNT 

New  York 

INDEFINITELY 


I  have  created  over  a  hundred  stage  productions,  sixty  per 
cent  of  which  are  suitable  for  short  and  feature  musicals. 


We  are   proud  to  have  done  the   picture  and  sound  track 
negative  developing  and  rushes  for  the 

JOHN  KRIMSKY  &  GIFFORD  COCHRAN  PRODUCTION 


yy 


"The  Emperor  Jones 

A  UNITED  ARTISTS  Release 
Produced  at  EASTERN  SERVICE  STUDIOS 


Our  reputation  in  this  field  continues  to  be  recog- 
nized in  the  Industry  as  the  Producers'  assurance  of 
consistent  quality. 


H.  E.  R.  Laboratories,  Inc. 


457  WEST  46th  STREET 


NEW  YORK  CITY 


eyi  nnouncing 

Pollard  Studios 

Grantwood,  New  Jersey 

(Formerly  the  Koyal  Studios) 


The  most  completely  equipped,  modern, 
independent  studios  in  the  East,  with 
facilities  to  accommodate  your  every 
production  need  from  the  smallest  scor- 
ing job  to  the  largest  feature. 


THREE  SOUND  SYSTEMS  AVAILABLE 

RCA 

INDEPENDENT 

WESTERN  ELECTRIC 

EXCEEDINGLY  LOW  RATES 

Under  the  Personal  Management  of 

"BUD"    POLLARD 

New  York  Office :  Telephone  Number 

125  WEST  45th  ST.  MEd.  3-3228 


Eighteen  The    INTERNATIONAL    PHOTOGRAPHER  July,  1933 

DEBRIE  SUPER-PARVO        .        The  Silent  Camera 

By  ALVIN  WYCKOFF 


A — Knob  for  shifting  of  Ground  Class;  B — Focusing  Dial;  C — Focusing  Tube  (8x); 
D — Speed  Indicator  Dial;  E — Footage  and  Turn  Counter;  F — Locket  and  Switch  with 
Electro-Magnetic  Cut-out;  G — Hand-crank  and  Opening  for  removal  of  Motor;  H — 
Automatic  Fade  and  Lap  Dissolve;  J — Hand  Fade;  K — Knob  for  Locking  Case;  L — 
Ground   Glass;    M — Intermittent    Pressure   Plate;    N— Register    Pins;    O — Film    Punch; 

"All  ready  for  action!     Quiet  please!     Turn  it  over!" 

Long  pause. 

"Well,  what  about  it,  why  don't  you   start?" 

"We  have  started,   Mr.   Director;  the  camera   is   running." 

"I'm  sitting  only   18  inches  from  it  and  I  can't  hear  it." 

"Mr.  Mixer,  you  have  the  microphone  right  up  to  the  camera,  could  you 
hear  it?" 

"No,  Mr.  Director,  I  couldn't;  I  don't  thinic  it  was  running." 

"Mr.  Director,  we  haven't  turned  it  off  yet;  so  I  will  open  the  door  of  the 
camera  to  prove  that  it  IS  going." 

The  door  was  opened  and  the  camera  WAS  running — the  purr  of  the  mech- 
anism could  now  be  plainly  heard. 

Astonishment  reigned  supreme — never  before  had  I  heard  anything  mechanical 
for  the  use  of  exposing  motion  picture  film  that  was  so  quiet.  I  remained  for 
hours  to  study  this  new  camera.     It  was  a  revelation  in  every  way. 


P— Pivot  for  Gate  and  Ground  Glass;  Q— Pan  Adjustment;  R— Tilt  Adjustment;  T— 
Knob  for  Closing  Shutter;  U — Oil  Level;  V — Take-ups;  W— Switch  for  Automatic 
Fade;  X — Automatic  Switch  for  Anti-buckling  Device;  Y — Gear  Shift  for  Motors  of 
1500  or  2400  RPM.;   Z — Knobs  for  setting  Footage  and  Turn  Counters  to  zero. 

A  most  perfect  mechanical  contrivance,  superbly  automatic  in  every  feature, 
very  compact  and  light;  as  easily  handled  as  the  best  cameras  of  the  silent 
days.     Perfectly   balanced   at  any   angle  of  tilt  either  forward   or  back. 

Due  to  unique  arrangement,  electrically,  it  is  impossible  to  jam  and  ruin  the 
mechanism.  No  set  aperture  to  drag  the  film  past;  aperture  and  pilot  pins 
working  in  perfect  synchronous  action,  eliminating  any  possibility  of  even  the 
slightest  suggestion  of  a  scratch.     Perfect  focal  contact  over  the  entire  screen. 

Four  hours  after  its  first  demonstration  the  camera  was  purchased,  with  cash 
paid,  by  one  of  the  prominent  commercial  studios  located  in  the  East.  Here, 
it  seems  to  me,  is  the  answer  to  that  long  desired  demand  for  a  high  class 
motion  picture  camera  that  would  do  away  with  the  cumbersome  blimp  and 
free  the  cameraman  from  the  dread  of  missing  an  important  scene  due  to  the 
handicapping  of  the  instrument  he  must  work  with  in  an  effort  to  constantly 
improve    his    art.  ADV. 


ANDRE  DEBRIE,   INC.,    115  WEST  45th   STREET,   NEW  YORK  CITY 


SP£ED<"«i 
S€mC£ 

A  COMPLETE 
LABORATORY 


FILM  LABORATORItS  imc 


723   Seventh  Ave., 
NEW    YORK,    N     Y 


NAT    SALOnO 

Presiden  t 

Tel.   BRyant  9-2790-1-2 


JOHN    KRIMSKY   and 
GIFFORD    COCHRAN 

wish   to   thonk   the   legion    of  exhibitors 
who     are    doing    so      much     to     make 

Paul  Robeson 


in 


Eugene  O'Neill's 

Emperor  Jones 

with    DUDLEY     DIGGES 

The  box-office  thrill  of  the  year 

Directed  by  DUDLEY  MURPHY 

Released    thru    UNITED     ARTISTS 


L 


The  Leading 
Daily 

;  Newspaper 
^f  the' 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  80 


NEW  YORK,  WEDNESDAY,  OCTOBER  4,  1933 


TEN   CENTS 


Cutting  Down 
Of  "Nuisance'' 
Taxes  Planned 


House  Leader  Lays  Out 
Congress  Program 

Washington,  Oct.  3. — Elimination 
of  as  many  nuisance  taxes  as  possible 
will  be  sought  at  the  next  session  of 
Congress  by  the  House  Ways  and 
Means  Committee,  according  to  Rep- 
resentative Robert  L.  Doughton, 
North   Carolina,  chairman. 

Plans  now  under  consideration  by 
Doughton  contemplate  the  use  of  rev- 
enue from  liquor  taxes  to  permit  re- 
peal of  a  number  of  levies  in  the  last 
tax  law,  including,  possibly,  gasoline 
and  check  taxes. 

The  aim  of  the  committee,  accord- 
ing   to    Doughton,    will    not    only    be 

(Continued   on   page   3) 


Brandt  Will  Make 
Code  Report,  Quit 

Washington,  Oct.  3. — Joe  Brandt, 
appointed  official  adviser  on  the 
film  code  to  the  NRA  over  the 
week-end  by  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt,  will 
submit   a    report    on   the   code   to   the 

(Continued  on   page    3) 


NRA  Consolidating 
Its  Work  on  Codes 

Washington,  Oct.  3. — Not  offi- 
cially announced,  but  anticipated  here 
for  some  time  is  a  reorganization  of 
the    NRA    which    was    spurred    into 

(Continued  on    page   3) 


Honeymooning 

That  Niagara  Falls  honey- 
moon of  Arthur  Loew's  was 
Niagara  Falls,  Long  Island,  if 
there  is  any  such  place,  say 
some  of  his  friends.  Loew 
made  appearances  at  his  of- 
fice both  Monday  and  yester- 
day and  has  been  seen  about 
town  inspecting  new  apart- 
ments. His  literal-minded 
secretary  is  being  blamed  for 
the  Niagara  Falls  legend. 

"Where  will  I  tell  callers 
you  are?"  she  asked  Loew  the 
day  he  left  his  office  to  be 
married. 

"Niagara  Falls,"  he  replied. 
And  so  she  did. 


Code  Attempts  Likened 
To  Oil  Industry  Delay 


Supply  Code 
Is  Rejected 
By  the  NRA 


Washington^  Oct.  3. — For  the 
first  time  since  the  creation  of  the 
National  Recovery  Administration 
proposals  for  a  code  were  rejected 
during  the  course  of  a  public  hearing 
today  when  K.  Danieron,  assistant  to 
Deputy  NRA  Administrator  A.  D. 
Whiteside,  to  whom  the  motion  pic- 
ture supply  code  had  been  transferred 
by  Sol  A.  Rosenblatt,  stopped  the 
hearing  on  the  ground  that  the  Na- 
tional Theatre  Supply  Co.  and  the 
Independent  Theatre  Supply  Dealers' 
Ass'n,  proponents,  were  not  "truly 
representative"    of   the    industry. 

Efi^orts  of  the  recovery  administra- 
tion  officials   early   in   the   hearing  to 

(Continued  on   page   3) 


Government  Silent 
On  Anti -Trust  Law 

Washington,  Oct.  3. — While  the 
Justice  Department,  following  its 
usual  course,  will  make  no  state- 
ments on  litigation  pending  between 
the  Government  and  business,  there 
are  no  known  instances  where  the 
department  has  actively  pursued  anti- 
trust law  cases  since  the  enactment 
of  the  National  Industrial  Recovery 
Act. 

This  is  in  keeping  with  the  Admin- 
iflration's    attitude    on    relaxing    laws 

(Continued   on    page    3) 


Article  10 

Washington,  Oct.  3. — "You 
can  lead  a  horse  to  water, 
but  you  cannot  make  him 
drink." 

That's  how  Article  10— the 
so-called  anti  "star  raiding" 
clause,  now  fortified  with 
more  and  sharper  teeth — 
stands  tonight,  according  to 
a  spokesman  who  ought  to 
know. 


Code  Reported 
Complete  and 
Authority  Set 


(BULLETIN) 

Washington,  Oct.  3. — It  was  un- 
derstood here  at  a  late  hour  tonight 
that  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  had  a  complete  code 
ready  for  presentation  to  industry 
leaders  gathered  here. 

His  selections  for  the  code  author- 
ity, it  is  understood,  are:  Sidney  R. 
Kent,  president  of  Fox ;  Nicholas  M. 
Schenck,  president  of  M-G-M ;  Harry 
M.  Warner,  president  of  Warners ; 
R.  H.  Cochrane,  vice-president  of  Uni- 
versal :  George  J.  Schaefer,  general 
manager  of  Paramount-Publix ;  Al 
Lichtman,  vice-president  of  United 
Artists:  Charles  L.  O'Reilly,  presi- 
dent of  the  New  York  Theatre  Own- 
ers' Chamber  of  Commerce :  Ed  Kuy- 
kendall,  president  of  the  MPTOA ; 
M.    E.    Comerford,    president    of    the 

(Continued    on    page    8") 


Code  Should  Prevent  Any 
Dual  Bars^  Says  Schechter 


Washington,  Oct.  3. — Failure  to 
include  a  clause  on  double  bills  in  the 
code  will  leave  independent  producers, 
distributors  and  exhibitors  without  the 
protection  they  seek,  declares  Jacob 
Schechter,  counsel  for  the  Federation 
of  the  M.  P.  Industry.  His  remarks 
were  made  today  in  reply  to  state- 
ments by  Fred  S.  Meyer,  chairman  of 
the   committee   on   public    relations   of 


!  the  M.  P.  T.  O.  A.,  and  W.  Ray 
Johnston,  president  of  Monogram, 
which  appeared  yesterday  in  the 
Motion    Picture  Daily. 

"Elimination  from  the  code  of  any 
reference  to  double  features  will  not 
accomplish  the  results  so  earnestly 
contended  for  by  independent  pro- 
ducers,   distributors    and    exhibitors," 

(Continued   on    page   3) 


Draft  by  Rosenblatt  Not 

Expected  to  Be 

Complete 


By  RED  KANN 

Washington,  Oct.  3. — Films  are 
following  oil  in  the  current  attempts 
being  made  to  appease  all  conflicting 
groups  in  the  codifying  procedure  to 
be  set  up  under  the  NRA,  but  with 
little   success. 

Almost  step  by  step  what  has  hap- 
pened in  the  oil  industry's  code  hear- 
ings has  be_en  repeated  up  to  this  point 
in  the  film  industry's,  and  in  the  opin- 
ion of  the  observers  who  have  made 
a  study  of  NRA  history  to  date  there 
is  no  reason  to  suppose  the  code  for 
the  film  industry  will  be  pushed 
through  in  any  way.  That  means  the 
government,  undoubtedly  against  its 
will,  finally  will  be  compelled  to  write 
it. 

Of  the  codes  drawn  and  signed  by 
President  Roosevelt  and  now  operat- 
ing, not  one  represents  100  per  cent 
harmony  of  ideas.  There  is  no  ex- 
pectation that  any  code  framed  for  the 
film  industry  will  be  any  different 
from  the  others  in  this  respect. 

Tonight,  on  the  eve  of  the  third 
effort  to  bring  opposing  industry 
groups  into  line,  the  situation  which 
cropped  up  during  the  first  and  second 

(Continued  on   page  8) 


Actors'  Move  Stirs 
Coast  Speculation 

Hollywood,  Oct.  3. — What  effect 
withdrawal  of  a  number  of  well  known 
actors  will  have  on  the  Academy  is  a 
subject  of  speculation  today.  Some 
talk  is  to  the  effect  that  directors  will 
join  with  the  insurgent  actors  in  form- 
ing an  Actors-Directors'  Guild  similar 
to  the  Writers'  Guild. 

Others  incline  to  the  belief  the  ac- 
tion was  hasty.  A  third  group  says 
that  even  if  the  actors  form  their  own 

(Continued  on    page   i) 


And  He  Meant  It! 

Arthur  Mayer,  after  reading 
the  list  of  14  actors  who 
walked  out  on  the  Academy 
of  M.  P.  Arts  and  Sciences, 
cracked : 

"That  would  make  a  great 
cast  for  one  picture." 


MOTION  PICTURE 

DAILY 


Wednesday,  October  4,    1933 


MOTION  PICTURt 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


Looking    ^Em    Over 


Vol. 


October  4,    1933 


No.   80 


Martin  Quicley 

Editor-rn-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^^g^  PUBLISHED  daily,  except  Sunday 
£B  J  and  holidays,  by  Motion  Picture 
V/l^  Daily.    Inc.,   a   Quigley   Publication, 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
••Quigpubco,  New  York."  All  contents 
copyrighted.  .        „  r  -i 

Hollywood  Office;  Pacihc  States  Life 
Building.  Vine  and  Yucca  Streets:  y^<:tor 
M.  Shapiro.  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager.  ,,     ,, 

London  correspondent:  ^^'.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachxm  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin.  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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:     Canada     and     foreign     " 
$15.      Single    copies:    10    cents 


vNRA. 


**The  Thrill  Hunter*' 

(Columbia) 

Buck  Jones'  fans  will  like  this  comedy  melodrama  in  which  the  hero 
provides  a  goodly  quota  of  thrills  and  laughs.  He  takes  the  role  of  a 
cowboy  who  brags  about  his  exploits  as  an  auto  racer  and  an  airplane 
stunt  man  in  China  and  as  a  result  is  given  a  job  by  a  Hollywood  movie 
company  when  they  hear  his  story  while  on  location.  He  gets  the  lead 
in  Dorothy  Revier's  picture  and  turns  out  to  be  a  flop  when  it  comes  to 
stunting.  Discouraged,  he  returns  home  and  captures  two  bandits  in- 
volved in  his  home  town  bank  robbery,  who  are  abducting  the  leading 
lady.  He  shows  his  true  colors  in  rescuing  her  and  is  acclaimed  as  the 
big  town  hero.  He  is  given  the  key  to  the  city  of  Hewitt  and  a  large 
reward.  The  girl  now  believes  he  has  the  spunk  to  make  good  and  agrees 
to    become    his    partner    for    life. 

There  are  a  number  of  exciting  shots  on  the  auto  race  track  and  in  the 
air,  which,  in  addition  to  the  final  rescue  scene,  will  keep  the  youngsters 
we'll    satisfied.        George    B.     Seitz    directed. 


SHORTS 


Arguments  Heard  in 
Big  Electrics'  Suit 

Wilmington,  Oct.  3. — Arguments 
were  heard  today  by  Judge  John  P. 
Nields  in  U.  S.  District  Court  on  a 
request  for  a  bill  of  particulars  in  the 
anti-trust,  anti-monopoly  suit  brought 
by  the  Stanley  Co.,  Duovac  Radio 
Corp.,  General  Talking  Pictures 
against  A.  T.  &  T.,  Western  Electric 
and  Erpi. 

The  hearing  was  on  motion  of  the 
defendants  preliminary  to  final  hear- 
ing.   Decision  was  reserved. 


"Itchy"  Set  in  Canada 

Joe  Goldberg,  general  sales  man- 
ager of  Resolute  Pictures,  has  closed 
with  Canadian  Educational  Films, 
Ltd.,  for  distribution  in  Canada  of 
"Itchy  Scratchy,"  produced  by  Wal- 
ter Putter. 

Contract  has  also  been  set  with 
Ben  Judell  for  distribution  of  the 
subject  in  Chicago,  Milwaukee,  In- 
dianapolis and  St.  Louis.  Territories 
previously  sold  include  New  York, 
New  England,  Philadelphia,  Wash- 
ington, Pittsburgh,  Cleveland,  Cin- 
cinnati and  the  Southwest. 


"Spilled  Salt" 

(Master  Arts) 
An  amusing  addition  to  the  "Pet 
Superstition"  series  which  describes 
through  the  medium  of  a  completely 
staged  dramatic  episode,  the  origin  of 
the  popular  custom  of  throwing  salt 
over  one's  shoulder  after  spilling  in 
order  to  avoid  bad  luck.  The  subject 
places  the  origin  of  the  custom  as 
about  2,000  years  ago,  an  outgrowth 
of  an  incident  which  saved  a  man's 
life.  Interesting  and  amusingly  pre- 
sented.    Running  time,  9^4  mins. 


"Boss  Tweed" 

(Columbia) 

This  is  the  first  of  the  "March  of 
the  Years"  series  and,  although  deal- 
ing primarily  with  the  Tweed  graft 
ring  which  operated  in  New  York 
immediately  after  the  Civil  War. 
makes  excursions  into  the  periods 
bounded  by  the  appearance  of  the 
modern  corset  and  the  airplane.  The 
reel  has  dramatic  interest  but  sufifers 
from  poor  continuity.  Running  time, 
9^    mins. 


RKOMay  Split  Its 
Printing  Contracts 

New  one-year  contracts  for  Radio 
Pictures'  print  work  which  will  prob- 
ably split  this  year's  work  between 
Consolidated  Film  and  Pathe  are  un- 
der consideration  and  may  be  closed 
this  week,  it  was  stated  yesterday. 
Pathe's  participation  is  understood  to 
be,  in  part,  a  consideration  for  RKO 
indebtedness  on  obligations  outstand- 
ing since  the  RKO-Pathe  acquisition. 

Reports  that  the  new  contracts, 
splitting  the  print  work,  would  ne- 
cessitate the  building  of  a  west  coast 
laboratory  by  RKO  were  scouted  by 
RKO  executives  yesterday  as  without 
foundation. 


Contest  Winners  Coming 

Eight  winners,  four  boys  and  four 
girls,  in  Paramount's  search  for  talent 
will  arrive  in  New  York  tomorrow 
aboard  the  Manhattan.  They  will 
leave  for  the  coast  Monday.  The 
eight  are  Nita  Harvey  and  Sidney 
Towlson,  representing  England;  Lo- 
retta  Walker  and  George  H.  Allport. 
Ireland;  Gwenllian  Gill  and  Robert 
Sinclair  Scott,  Scotland;  Lucille  de 
Toit  and  Donald  Tidbury,  British 
South  Africa. 


Sales  Faster — Sears 

Sales  in  Warners  western  and 
southern  territories  have  been  much 
faster  this  year  than  last,  says  Grad- 
well  Sears,  sales  head  for  these  terri- 
tories, in  spite  of  the  late  start.  Ninety- 
five  per  cent  of  his  major  deals  will 
be  complete  by  the  end  of  next  week, 
he  asserts. 


Fritz  Friend  Dead 

Detroit,  Oct.  3. — Fritz  Friend,  for- 
merly with  Principal  and  Warners, 
died  today  after  a  long  illness.  The 
Film  Board  of  Trade  is  seeking  word 
of  his  relatives.  He  worked  in  Omaha 
for  several  years. 


Shift  Denver  "U"  Shift 

Denver,  Oct.  3. — The  following 
changes  have  been  made  by  Jack  Lan- 
gan,  manager  of  the  Universal  ex- 
change in  his  selling  staff:  Lon  Hoss 
has  been  transferred  to  the  San  Fran- 
cisco exchange ;  Sam  Feinstein  has  re- 
signed and  J.  H.  Hommell  and  E.  L. 
Walton  have  been  a.dded. 


Warner  Men  at  Opening 

All  Warner  theatre  managers  east 
of  Denver  have  been  instructed  to 
attend  the  premiere  of  "Footlight 
Parade"  at  the  Strand  tonight.  This 
is  the  first  time  this  has  been  done, 
it  is  claimed. 


Principal  Distributing 

Principal  Distributine  Corp.  will 
distribute  the  series  of  13  single-reel- 
ers  produced  by  Newslaughs,  Inc., 
with  Irvin  S.  Cobb  starred. 


Expect  Studio  Officials 

Columbia  studio  executives  are  ex- 
pected in  New  York  within  the  next 
week    for    home    office    round-robins. 


Majority  of  StocJcs  Off 


High  Low 

Columbia     Pictures,     vtc 23'A  23 

Consolidated   Film   Industries,  pfd 85^  8^ 

Eastman    Kodak    77  75'A 

Eastman    Kodak,    pfd 127?4  125^ 

Fox    Film    "A" 15^  15?^ 

Loew's.    Inc 30!4  29!^ 

Paramount    Publix    15^  VA 

Pathe    Exchange     VA  VA 

Pathe   Exchange    "A" 85^  6% 

RKO     2^  2^ 

Warner  Bros 7  6-54 


Net 
Close     Change 


231/4 
SVs, 
76 

1257,^ 
15^ 
295.^ 

154 

2% 
7 


+    V2 

-V4 


—  v% 

+  'A 


+  Vz 


BEN  BLUE 

Now  Working  In 

WARNER  BROS. 
SHORTS 


Produced  by 
SAM  SAX 


Directed   by 
RALPH  STAUB 


Dirtction:     LEO    MORRISON 


TecJinicolor  Rises  Three  Quarters 

Net 
Hi);h      Low      Close     Change 

Technicolor     8-54  S'A  8^        +  ^ 

Trans    Lux     UA  Wi  154        —  Vf. 

Paramount  Publix  Rises  % 


High 

General   TTieatre   Equipment   6s   '40 ^Vg 

Keith    B.    F.   6s   '46 454^ 

T^oew's    6s    '41.    ww    deb    rights 831^ 

Paramount    F.    I,.    6s   '47 29'A 

Paramount    Publix    SVzS    '50 30 

Pathe    7<;    '37.    ww 75 

Warner   Bros.   6s  '39,  wd 44^ 


Net 
Low      Close      Change 


5 

Wg 

45-4 

4534 

83 

83 

29'A 

29'/, 

30 

30 

75 

75 

44'A 

4454 

-I-  4^ 


Sales 

100 
200 
600 
3.000 
100 
700 
500 
800 

i..3no 

100 
5,600 


Sales 

800 
100 


Sales 

16 
2 
6 
2 
7 
1 
7 


Open  Two  Weldon  Offices 

H.  Wayne  Pierson,  general  sales 
manager  of  Weldon  Pictures  Corp., 
has  opened  two  more  division  offices, 
with  Frank  T.  Gunn  division  manager 
of  the  Atlanta  territory  and  F.  G. 
Wallace  at  Dallas.  Charles  A.  Meade 
is  already  in  charge  of  the  Chicago 
territory.  Other  key  exchanges  are 
being  opened  as  rapidly  as  possible. 

Book  Winter  Garden  Acts 

Acts  already  booked  for  the  Winter 
Garden  Sunday  concerts  which  start 
Oct.  8  are:  Fannie  Brice,  Howard 
Brothers,  Ethel  Merman,  Fred  Keat- 
ing, Jack  Pepper  &  Co.,  Serge  Flash, 
Courtney  &  Patricola,  King,  King  & 
King,  and  Hal  LeRoy.  Bookings  have 
been  handled  by  Edgar  Allen  of  the 
Edward  Davidow  office. 


//   is    men    like 

CAMERON  MACPHERSON 

and 

JOSEF  BERNE 

who   produced 

"BLACK  DAWN" 

That     merit     reviews     like     these: 

V  A  R  I  E  T  Y— "A  poignant,  well  made 
three  reeler.  Deserves  high  rating  and 
should  grace  any  bill." 

HOLLYWOOD 

REPORTER— '^Worthy  of  a  good  deal 
of  attention,  if  not  whole-hearted  com- 
mendation." 

NEW  FILM  TIMES-  "One  of  the  most 
distinctive  film  efforts  turned  out  in 
many  months.  It  is  one  of  the  most 
sincere  and  worthwhile  pieces  of 
cinema  art  produced  in  Hollywood  in 
recent    years." 

" — also   an    excellent   musical    score    by 
Cameron    Macpherson." — Tamar  Lane. 

HOLLYWOOD 

SPECTATOR— "The     best     motion     pic- 
ture   we    have    seen    this    year.      It   will 
thrill   any  audience." — Weljord  Beaton. 
Private    showings    of    "Black    Dawn" 
can   be  arranged  through 

Joy  and  Polthimer  Agency 

HOLLYWOOD,  CALIF. 

HO    3911  6607    Sunset    Blvd. 


Wednesday,  October  4,    1933 


MOTION  PICTURE 

DAILY 


Supply  Code 
Is  Rejected 
By  the  NRA 


(Continued  from  page  1) 
ascertain  the  percentage  of  the  indus- 
try represented  by  proponents  were 
unsuccessful  when  witnesses  ques- 
tioned did  not  have  data  immediately 
available.  Later  return  to  the  subject 
developed  that  the  two  signers  of  the 
proposed  code  represented  only  about 
38  per  cent  of  the  industry. 

All  parties  in  the  industry  were 
ordered  to  meet  with  Dameron  for 
preparation  of  another  and  more  rep- 
resentative code,  for  which  a  public 
hearing  will  be  announced  in  the  near 
future. 

Among  those  present  were :  Joe 
Hornstein,  representing  11  officers  of 
Continental  Theatre  Accessories, 
which  Warners  control ;  Walter  E. 
Greene,  representing  29  branches  of 
the  National  Theatre  Supply  Co. ; 
Joseph  E.  Robbins,  president  of  the 
Independent  Theatre  Supply  Dealers, 
representing  60  independents ;  L.  A. 
Wilczek,  Carbon  Products  Co. ;  D.  A. 
Willaford,  National  Carbon;  Stuart 
K.  Brandon,  representing  important 
dealers,  and  Robert  Robbins,  Elec- 
tronics Tube  Co. 


Code  Should  Prevent  Any       Cutting  Down 
Dual  Bars^  Says  Schechter  Of  "Nuisance" 

Taxes  Planned 


(Continued   from    paQC    1) 


Government  Silent 
On  Anti -Trust  Law 

(Continued  from  page  1) 
aimed  at  monopoly  during  the  two- 
ytar  life  of  the  NRA.  Consequently, 
while  an  official  slant  on  the  impend- 
ing Warner-First  National  litigation 
is  impossible  to  obtain,  the  inference 
is  that  it  is  not  improbable  the  action 
may  not  be  pursued,  or,  at  least,  that 
it  will  be  left  in  status  quo. 

This,  however,  has  no  bearing  on 
the  anti-trust  cases  filed  against  speci- 
fic companies  by  individuals  or  other 
corporations.  Matters  like  the  latter 
proceed  under  the  normal  operations 
of  the  Federal  law. 


The  Warner-First  National  case 
has  been  pending  in  the  U.  S.  District 
Court  for  the  Southern  District  of 
New  York  for  the  past  two  years. 
It  is  due  to  be  called  this  week,  but 
it  is  expected  a  postponement  will  be 
granted  until  November. 


asserted  Schechter  today.  "For  the 
preservation  of  the  right  to  do  busi- 
ness it  is  essential  that  an  express 
provision  shall  be  inserted  in  the  code 
to  the  effect  that  the  policy  of  show- 
ing double  features  should  be  left  to 
the  decision  of  each  individual  exhibi- 
tor and  that  any  interference  with 
such  a  policy  shall  constitute  an  un- 
fair trade  practice. 

"The  statement  of  the  major  com- 
panies that  they  are  willing  to  abide 
by  such  individual  decision,  but  re- 
serve the  privilege  of  inserting  provi- 
sions in  their  agreements  whereby 
they  may  refuse  to  permit  their  pic- 
tures to  be  shown  with  features  of 
other  companies  is  a  contradiction  of 
terms  and  a  play  upon  words  as  it 
is  the  very  essence  of  interference. 

"What  we  object  to  is  that,  by  the 
insertion  of  such  reservations  in  the 
agreements,  the  ma^or  companies 
thereby  impose  limitations  upon  the 
right  of  the  exhibitor  to  determine  his 
own  policy  and  also  limit  the  right  of 
the  e.x'hibitor  to  do  business  with 
other  companies. 

"If  the  point  contended  for  by  the 
major  companies  were  in  effect,  is 
it  not  conceivable  that  they  may  then 
impose  additional  reservations  in  the 
agreements  such  as  the  following: 
That  only  features  of  other  'ap- 
proved' or  'favored'  distributors  may 
be  shown;  that  only  short  subjects 
approved    by   the    distributor    may   be 


shown;  and  similar  restrictive  cove- 
nants— all  of  which  restrictive  cove- 
nants are  repugnant  to  sound  business 
judgment  as  well  as  being  repugnant 
and  contrary  to  law. 

"Beyond  this  it  must  be  remembered 
that  the  major  companies  would 
nevertheless  have  the  right  to  permit 
some  favored  exhibitors  to  show 
double  features,  yet  refuse  such  rights 
to  other — perhaps  competing — exhibi- 
tors. Also  they  would,  of  course,  re- 
serve to  themselves  such  rights,  yet 
refuse  the  same  to  their  customers. 
And  finally  it  is  not  to  be  doubted  that 
'master  agreements'  made  between  the 
several  major  companies  would  con- 
tain no  such  restrictive  covenants. 
Thus  it  is  quite  apparent  that  the 
major  companies  would  reserve  for 
themselves  and  their  favored  custom- 
ers special  rights  and  privileges 
which  they  would  refuse  to  grant  to 
independent   exhibitors. 

"No  stronger  club  for  complete  sub- 
mission and  extermination  of  inde- 
pendent producers,  distributors  and 
exhibitors  has  ever  been  conceived  by 
major  companies  who  dominate  the 
industry.  That  this  is  contrary  to 
the  principles  and  intent  of  the  NRA 
goes  without  saying.  Realizing  this, 
independent  producers  and  distribu- 
tors have  determined  to  resist  such 
attempts  to   the   maximum   degree." 

Schechter  refused  to  explain  speci- 
fically   his    last    sentence. 


(Continued   from    paqe    1) 

immediate  relief  of  the  public  from 
bothersome  taxes,  but  also  the  crea- 
tion of  a  permanent  tax  law  which 
will  not  require  amendment  from  year 
to  year. 

There  is  considerable  doubt  whether 
the  elimination  of  nuisance  taxes  will 
extend  to  admissions,  which  have  been 
found  to  be  one  of  the  easiest  to  col- 
lect. There  is  a  possibility,  however, 
of  increases  in  exemptions,  but  it  is 
not  expected  that  the  collections  will 
be  returned  immediately  to  the  $3,- 
000,000  figure  prevailing  before  the 
depression. 

While  Doughton  voices  the  inten- 
tion of  easing  the  tax  burden  this 
winter,  oliservers  in  Washington  point 
out  that  much  may  occur  to  nullify 
his  program.  Relief  expenditures  of 
the  Government  are  expected  to  in- 
crease materially  with  the  advent  of 
cold  weather.  Seasonal  slackening  of 
industrial  activity  may  reduce  tax  re- 
ceipts. The  Federal  financial  burden 
is  now  very  heavy  and  is  becoming 
heavier,  and  considerable  doubt  exists 
whether  the  President  will  approve 
tax  reductions  until  indications  of  bet- 
ter times  are  seen. 


Brandt  Will  Make 
Code  Report,  Quit 

(Continued  from  page   1) 
NRA  as  part  of  his  new  duties,  and 
with  its  adoption  will  retire  from  the 
picture. 

His  post  is  likened  to  the  coordina- 
tion jobs  of  S.  R.  Kent  and  Charles 
L."  'O'Reilly,  who  resumed  their  nor- 
mal posts  in  the  industry  once  the 
tentative  master  codes  had  been  sub- 
mitted. 


MPTOA  to  Meet  in  L.  A. 

Wa.shington,  Oct.  3. — The  next 
annual  convention  of  the  M.P.T.O.A. 
will  be  held  in  Los  Angeles  during 
January,  Ed  Kuykendall  stated  today, 
and  it  probably  will  run  for  three  or 
four  days. 


Actors'  Move  Stirs 
Coast  Speculation 

(Continued  from  page   1) 
guild    they    can    still    function     as     a 
branch  of  the  Academy. 

J.  T.  Reed,  head  of  the  Academy, 
issued  a  statement  in  which  he  said 
that  the  "optimism  of  Academy  mem- 
bers at  present  instills  greater  confi- 
dence in  the  purposes  of  the  Academy, 
and  this  spirit  assures  the  continuance 
of  the  organization  stronger  than 
ever." 

Actors'  Equity  would  like  to  see  a 
new  actors'  union  formed  so  that  it 
could  be  taken  in  under  the  Equity 
wing,   its  officers   say. 

A  small  group  of  actors  met  this 
afternoon  to  discuss  the  formation  of 
a  union.  Again  tonight  they  went 
into  conference  with  the  actors  who 
walked  out  of  the  Academy  Sunday 
night  and  with  a  group  of  directors  to 
decide  what  form  their  new  organiza- 
tion will  take — a  union  or  a  guild  with 
a  new  charter.  What  they  aim  to  do 
is  have  a  solid  front  in  favor  of  some 
plan  they  can  submit  to  the  general 
body   of  actors. 


James  Creelman  in  Washington  to 
represent  the  guild  until  the  code  is 
finally    drafted. 


Washington,  Oct.  3. — Lester 
Cowan,  here  as  representative  of  the 
.'Vcademy  of  M.  P.  Arts  and  Sciences 
in  the  code  negotiations,  had  nothing 
to  say  today  regarding  the  walkout 
of   a  number  of  actors. 


Hollywood,  Oct.  3.— John  Howard 
Lawson,  president  of  the  Screen 
Writers'  Guild,  returning  from  Wash- 
ington today,  made  a  pointed  attack 
on  the  Academy  of  M.  P.  Arts  and 
Sciences.  He  asserted :  "We  feel  that 
a  most  constructive  step  has  been 
taken  toward  a  new  deal,  not  only 
for  writers  but  for  actors  and  direc- 
tors as  well,  in  preventing  the  Acad- 
emy from  controlling  creative  work- 
ers." Lawson  left  Louise  Sillcox, 
William      Hamilton      Osborne      and 


Hearing  Delayed  on 
Detroit  Injunction 

Detroit,  Oct.  3. — Argument  on  the 
temporary  injunction  obtained  recently 
by  Lew  Kane  of  the  Mayfair  Theatre 
Co.  and  Al  Rutenberg  of  the  Bern- 
hardt Theatre  Co.  against  Mid-States 
Theatres,  the  big  booking  combine, 
was  scheduled  to  come  up  today,  but 
it  was   postponed  until    Oct.    10. 


jNRA  Consolidating 
Its  Work  on  Codes 

(Continued  from    page    1) 

action  today.  It  provides  for  a  con- 
solidation of  activity  into  fewer  and 
more  experienced  hands  and  places 
code  deliberations  for  all  industries 
under  four   deputy  administrators. 

Arthur  D.  Whiteside,  who  sprang 
into  the  newspaper  headlines  through 
his  handling  of  the  retailers'  code  is 
one  of  four,  and  Sol  A.  Rosenblatt 
will  be  answerable  to  him  under  the 
rearrangement. 

Whether  or  not  this  means  the  film 
code,  when  ready,  will  pass  through 
additional  hands  before  reaching  Gen- 
eral Hugh  S.  Johnson  and  the  Presi- 
dent after  it  has  been  approved  by 
Rosenblatt  is  not  clear,  although  a 
report  is  in  circulation  that  this  will 
be  the  case.  Rosenblatt  says,  however, 
that  this  is  not  so. 


MATTY    KING    Presents 

KING,  KING  and  KING 

(The  Original) 

''TAPPINCj    TO    THE    KINQ'S    TASTE" 

Just  returned  from  Hollywood 
Appearing  in  Pictures  for 
M  G  M     and     UNIVERSAL 

Now-CAPITOL  THEATRE,  N.Y.-^Now 

Direction:   WM.  MORRIS   AGENCY 


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^    l-l 

Q     O 

5-cQ- 


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Prepare  For  The  Bigges 


Margaret  Sullavan 
John   Boles 
Edno   May  Oliver 
Billie  Burke 
Benito  Hume 
Reginald   Denny 
Onslow  Stevens 
Franklin   Pongborn 
Berton  Churchill 
Robert  McWade 
Hugh  Enfield 
Arthur  Hoyt 
Mabel   Morden 
Joyce  Compton 
Bromwell  Fletcher 
Dorothy  Granger 
Lucille  Powers 
Barry  Norton 
Ruth  ClifFord 
Betty  BIythe 
Walter  Cotlett 
Edgar  Norton 
Gay  Seabrook 
Noel  Francis 
Crouford  Kent 
Geneva  Mitchell 
Sidney  Bracy 
Caryl  Lincoln 
Jean  Darling 
Julia  Carter 
Frank  Beol 
Huntley  Gordon 
Lita  Chevret 
Lew  White 
Vivien  Oakland 
Bert  Roach 
Mary  Doran 
George  Meeker 
Dick  Winslow 
Matt  McHugh 
Sammy  Cohen 
Norma   Drew 
Jimmy  Butler 
James  Donlan 
Otto  HofFman 
Harvy  Clark 
Edmund  Breese 


Dialogue  by 
William  Hurlbut 


RATED  by  every- 
body who  knows 
anything  about  it  as 
the  greatest  Universal 
Picture  since ''All  Quiet 
on  the  Western  Front!'' 


JOHN    M.   STAML 


rov/ds  Of  The  Season! 


rHE  cavalcade  of 
American  life  as 
een  through  the  soul 
if  a  ^voman  ^^ronged 
1  a  great  love! 


Ben   Bard 
Creighton  Hale 
Natalie   Kingston 
King   Baggot 
Wm.  Davidson 
Lloyd  Whitlock 
Virginia   Howell 
Jason   Robards 
Robert  Bolder 
Lynn  Cowan 
Maidel  Turner 
George  Irving 
Eddie  Kane 
Geo.  Hackathorne 
Eleanor  Jackson 
Mildred  Washington 
Warren  Stokes 
Marie  Prevost 
June  Clyde 
Jane  Darwell 
Oscar  Apfel 
Tom  Conlon 
Louise  Beavers 
Tom  O'Brien 
Herbert  Corthell 
James  Flavin 
Leon  WaycofF 
Cissy  Fitzgerald 
Ida  Darling 
Marion  Byron 
Sheila  Manners 
Jean  Hart 
Herta  Lind 
Robert  Ellis 
Julia  Faye 
Richard  Tucker 
Florence  Lake 
Jack  Richardson 
Astrid  Allwyn 
Natalie   Moorhead 
Dorothy  Christy 
Jean  Sorel 
Ferdinand  Munier 
Bruce  Warren 
Hans  Furberg 
Churchill   Ross 


Suggested  by  the 

book  by 

Frederick   Lewis  Allen 


MOTION  PICTURE 

DAILY 


Wednesday,  October  4,    1933 


Theatres  Get 

Cut  in  Taxes 
In  4  Boroughs 


Theatres  in  all  boroughs  except 
Richmond  and  two  of  the  principal 
official  buildings  owned  by  film  com- 
panies, Loew's  and  the  Paramount, 
benefit  by  1934  assessment  cuts  made 
public  by  James  J.  Sexton,  president 
of  the  Department  of  Taxes  and  As- 
sessments. 

Loew's  building  is  cut  from  $3,500,- 
000  to  $3,200,000.  The  Paramount 
building  gets  a  drop  from  $14,400,000 
to  $13,000,000. 

Manhattan  theatres  which  receive 
cuts  are:  Loew's  State,  from  $4,550,- 
000  to  $4,300,000:  Palace,  from  $1,- 
500,000  to  $1,400,000;  Mayfair,  from 
$1,900,000  to  $1,800,000;  7th  Ave. 
Roxy,  from  $4,300,000  to  $4,000,000; 
Rialto,  from  $3,050,000  to  $2,950,000; 
Gaietv,  from  $2,450,000  to  $2,250,000; 
Globe,  from  $1,250,000  to  $1,150,000; 
Strand,  from  $3,600,000  to  $3,350,000 ; 
Rivoli,  from  $1,780,000  to  $1,625,000; 
Capitol,  from  $2,900,000  to  $2,700,000 : 
Hollvwood,  from  $1,150,000  to  $1,125,- 
000;  "Lincoln  Square,  $1,400,000  to  $1,- 
350,000. 

Due  to  the  fact  that  both  the  RKO 
Music  Hall  and  the  RKO  Roxy  were 
under  construction  last  year  when  the 
assessments  were  made  valuations 
were  increased  sharply  this  year.  The 
Music  Hall  was  raised  from  $7,200,- 
000  to  $11,500,000  and  the  RKO 
Roxy  was  boosted  from  $3,500,000  to 
$4,600,00. 

In  the  Bronx  two  theatres  received 
cuts.  They  were :  Keith's  Fordham, 
from  $690,000  to  $650,000:  Paradise, 
Concourse  and  188th  St.,  from  $1,- 
500.000  to  $1,400,000. 

Reductions  in  Brooklyn  were 
granted  in  several  spots.  Theatres 
benefiting  were :  Paramount,  from  $5,- 
300.000  to  $4,800,000;  Strand,  from 
$700,000  to  $670,000. 

In  Queens  the  cuts  were :  Famous 
Plavers  Studio,  Astoria,  from  $1,030,- 
000  to  $980,000 :  Shubert  Theatre,  Ta- 
maica,  from  $440,000  to  $400,000,  and 
L.  I.  .\musement  Corn..  Richmond 
Hill,  from  $580,000  to  $490,000. 


Universal  in  Rush 
With  Seven  in  Work 

HoLi.Ywoon.  Oct.  3. — Universal 
claims  a  new  production  peak  with 
seven  features  in  work,  five  ready  to 
start  in  a  few  days  a.nd  four  in  the 
cutting   room. 

Those  before  the  cameras  are : 
"Counsellor  at  I  aw."  "Young  Hearts." 
"Daneerous  to  Women."  "Rv  Candle- 
light." "Horse  Play,"  "Bombay  Mail" 
anH  "Riders  of  Justice." 

Ready  to  start  are:  "Show  Boat." 
"M^adame  Snv  "  "I  T  ike  It  That  Wav." 
"The  Cood  Red  Bricks"  and  "The 
P"or  Rich." 

In  the  cutting  room  are  :  "Only  Yes- 
tprdav."  "The  Invisible  Man,"  "Spe- 
cial Investigator"  and  "Strawberry 
Roan." 


Previn  to  Paramount 

Charles  I'revin,  founder  and  con- 
ductor of  the  St.  Louis  Municipal 
Opera,  will  direct  the  Paramount  or- 
chestra starting  Friday.  Menotti  Salta 
will   continue  as  chief  arranger. 


Delay  on  Code 

Is  Likened  to 

Oil  Industry 


(Coiitimied   from    pane    1  ) 

attempts  is  being  duplicated.  There 
is,  however,  only  one  difference,  and 
this  difference  centers  around  the  fact 
that  Deputy  NRA  Administrator  Sol 
\.  Rosenblatt  proposes  to  submit  an 
NRA  draft  when  the  exhibitors'  com- 
mittee meets  at  4  :30  Wednesday  after- 
noon at  the  Mayflower. 

Even  this  draft,  after  the  eight  days 
which  have  elapsed  between  the  sec- 
ond session  and  the  one  about  to  com- 
mence, will  not  be  a  complete  one. 

Is   Revising   Clauses 

Rosenblatt,  relieved  of  tlie  necessity 
of  presiding  at  the  theatre  and  motion 
picture  equipment  dealers'  code  hear- 
ing today,  is  busy  revising  clauses  in 
the  almost  futile  hope  that  a  code 
form  will  be  available  when  Wednes- 
day's meeting  starts.  He  will  have 
some  clauses,  perhaps  many,  ready, 
but  there  will  be  no  full  agreement 
and  the  deputy  administrator  said  so 
late  this  afternoon. 

He  did  state  that  Article  9  in  the 
producers'  code,  having  to  do  with 
agents-artists-producers  negotiations, 
had  been  re-drafted,  but  the  widely 
attacked  Article  10.  which  the  pro- 
ducers say  is  designed  to  eliminate  star 
"raids,"  is  not  ready  and  will  not  be 
at  the  start  of  the  resumed  sessions, 
despite  the  almost  continuous  meet- 
ings held  by  M.  P.  P.  D.  A.  member 
companies  in  New  York  last  week 
and  another  here  today. 

Rosenblatt  declared  tonight  that  the 
personnel  of  the  code  authority  had 
not  been  determined  and  that  he  was 
discussing  candidates  for  places  on  it 
with  various  groups  in  the  industry. 
He  said  also  that  the  number  whic'^ 
will  comprise  the  code  authority  had 
not  been  settled. 

How  Much  Longer? 

It  appears  inevitable  that  no  matter 
what  Rosenblatt  proposes  exceptions 
will  be  taken  by  one  group,  or  an- 
other. How  long  the  third  descent  on 
Washington  will  last  is  anybody's 
guess. 

Asked  if  the  film  group  here  will 
have  to  stay  until  the  final  code  is 
finished,  Rosenblatt  said,  "I  hope  so." 
Yet,  when  the  second  session  broke 
up  last  week,  he  was  emphatic  that 
all  would  remain  this  time  until  the 
job  was  entirely  completed. 

Two  weeks  are  available  to  the 
deputy  administrator  before  his  next 
task  commences,  Oct.  17,  at  which 
time  public  hearings  on  the  code  for 
music  publishers  get  under  way. 

Already  in  Washington  are :  E.  A. 
Schiller,  vice-president,  Loew's  Inc.; 
T.  Robert  Rubin.  vice-president, 
M-G-M ;  Lester  Cowan,  executive 
secretary.  Academy  of  M.  P.  Arts 
and  Sciences ;  Louis  Nizer,  the  New 
York  Film  Board  of  Trade ;  Jacob 
Schechter.  counsel  for  the  Federation 
of  the  M.  P.  Tndu.stry:  Will  Hays 
head  of  the  M.  P.  P.  D.  A.;  Ben- 
jamin Berinstein.  president.  Indepen- 
dent Theatre  Owners  of  Southern 
California:  Fd  Knvkendall.  president 
M.  P.  T.  O.  A.;  L.  A.  Solomon  of 
.Showmen's  Pictures;  Harold  S.  Bare- 
ford  and  Joe  Hazen  of  the  Warner 
legal    department ;    Jack    Cohn,    vice- 


president,  and  William  Jaffee,  attor- 
ney for  Columbia ;  R.  H.  Cochrane, 
vice-president  of  Universal ;  Nathan 
Burkan,  counsel  for  a  number  of 
groups ;  Harry  H.  Thomas,  president 
of  First  Division,  and  Al  Friedlander ; 
W.  Ray  Johnston,  president  of  Mono- 
gram, and  Edward  Golden,  sales  man- 
ager ;  Mitchell  Klupt,  attorney  for  the 
Century  Circuit  and  the  Independent 
Theatre  Owners'  Code  Committee ; 
.\rthur  Schwartz,  attorney ;  Sam 
Dembow,  Jr.,  Publix ;  George  Skou- 
ras;  and  Pat  Casey,  M.  P.  P.  D.  A. 
lalior  representative. 


Code  Reported 
Complete  and 
Authority  Set 

{Continued  from    page   1) 

Comerford  circuit,  and  W.  Ray  John- 
ston, president  of   Monogram. 

Two  representatives  of  independents 
are  also  to  be  members  of  the  author- 
ity, it  is  understood,  but  their  names 
could  not  be  learned. 

What  the  deputy  administrator's  de- 
cisions are  on  controversial  phases  of 
the  code  could  not  be  learned  tonight. 


Stewart  to  Come  East 

Hollywood,  Oct.  3. — Donald  Og- 
den  Stewart  leaves  for  New  York 
Nov.  1  to  arrange  for  the  production 
of  a  new  play  and  will  return  here 
around  the  first  of  the  year  to  resume 
his  contract  with   M-G-M. 


Industry  Aid 
Is  Asked  for 
NRA's  Drive 


Washington,  Oct.  3. — Cooperation 
of  the  film  industry,  and  particularly 
that  of  theatres,  in  the  NRA's  "Buy 
Now"  drive  is  being  sought  and  Will 
H.  Hays  and  heads  of  leading  com- 
panies have  been  asked  to  develop  an 
organized  plan  for  industry  partici- 
pation. 

In  a  communication  sent  company 
executives  by  Frank  R.  Wilson  of 
the  NRA  bureau  of  public  relations, 
it  is  pointed  out  that  theatres  will 
benefit  directly  by  the  national  mass 
movement  to  bring  purchasers  into 
the  shopping  and  theatre  districts  in 
large  numbers  throughout  the  three 
months  of  the   "Buy   Now"  drive. 

"This  great  national  movement  to 
stimulate  buying,"  Wilson's  letter  to 
industry  executives  states,  "affords  an 
opportunity  for  the  theatres  which 
they  should  embrace  on  the  basis  of 
self-interest  alone.  It  affords  them 
not  only  an  opportunity  to  build  busi- 
ness but  an  opportunity  to  increase 
their  local  prestige  by  participating 
with  the  merchants  of  their  com- 
munity in  the  execution  of  campaign 
plans." 

John  C.  Flinn  of  Paramount,  liai- 
son officer  between  the  film  industry 
and  the  NRA,  has  been  designated  to 
discuss  with  Hays  any  organized  plans 
which  the  industry  may  develop. 


cO^RIH-TIM-TIHjr. 


7/ieWOLF  DOG 


WITH 

FRANKIE 

DARRO 


St3r  of 

1  WILD  B0Y5  OF  THE  ROAD' 
Lnd  ^MAYOR  OF  HELL' 


The  Leading 

Daily 

jiewspaper 
If  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  80 


NEW  YORK,  THURSDAY,  OCTOBER  5,  1933 


TEN   CENTS 


RIGHT  TO  BUY,  SCORES, 

DUALS  OUT  OF  NRA  CODE 


Inquiry  into 
C.B.S.-Para. 
Deal  Blocked 


Further  inquiry  into  the  transac- 
tions by  which  Paramount  Pubhx 
acquired  and  later  disposed  of  a  half 
interest  in  Columbia  Broadcasting 
System  was  barred  by  Referee  Henry 
K.  Davis  at  a  trustees'  examination 
yesterday  until  a  report  on  details  of 
the  deals,  now  in  preparation  by  an 
independent  accounting  firm,  has  been 
submitted. 

Referee  Davis's  ruling,  subscribed 
to  by  attorneys  for  the  trustees  and 
counsel  for  all  creditors'  groups  ex- 
cept Samuel  Zirn,  attorney  for  a 
group  of  bondholders,  ended  an  in- 
effectual two-hour  grilling  of  Ralph 
A.  Kohn,  former  Paramount  treasur- 
er, by  Zirn.  The  latter's  line  of  Ques- 
tioning attempted,  according  to  Zirn, 
(Continued  on  page  12) 


K,  C.  Independents 
Write  to  President 

Kansas  City,  Oct.  4. — Protesting 
I.  A.  T.  S.  E.  demands  that  the  in- 
dustry code  impose  two  men  in  a 
booth  on  small  houses,  the  Indepen- 
dent Theatre  Owners  of  Greater 
Kansas  City  early  this  week  sent  per- 
sonal   letters    to    President    Roosevelt 

(Continued  on  page  11) 


No  Monopolies 

Washington,  Oct.  4.  — 
Viewed  as  referring  back  to 
the  conversation  understood 
to  have  been  held  between 
Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  and  Presi- 
dent Roosevelt,  when  the 
same  observation  was  made, 
is  Section  2  of  the  new  NRA 
code. 

It  reads:  "No  provisions  of 
this  code  shall  be  interpreted 
or  applied  in  such  a  manner 
as  to  permit  monopolies,  per- 
mit or  encourage  unfair  com- 
petition; or  eliminate,  op- 
press, or  discriminate  against 
small  enterprises." 


Star  Salary 
Fixing  Body 
Is  Expected 


Washington,  Oct.  4. — Article  10 
in  the  producers'  code,  which,  in  its 
re-drafted  form,  was  yesterday  sub- 
mitted to  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt,  is  understood  to 
provide  for  a  salary-fixing  commission 
to  control  star  income.  Inability  of 
all  Hays  member  companies  to  view 
the  proposal  in  the  same  light  is  re- 
puted to  be  the  inside  reason  why  the 
article  originally  designed  to  end 
star  raids  has  not  been  completed. 

The  clause  in  its  new  form  is  said 
to  follow  the  mandate  laid  down  re- 
(Continued  on  page  11) 


No  Reference  to  Big  Points,  Including  Block 

Booking,  Stuns  Exhibitors;  Fireworks 

Impend  at  Conference  as  Result 


Four  More  Players 
Leave  the  Academy 

Hollywood,  Oct.  4.  —  Four  more 
actors  resigned  from  the  Academy  to- 
day, boosting  the  total  to  18.  They 
are:  James  Dunn,  Aubrey  Smith, 
Claude  King  and  Reginald  Barlow. 

Others,  more  conservatively  in- 
clined and  showing  a  willingness  to 
await  further  code  developments  at 
Washington  before  taking  action,  ex- 
pressed confidence  in  the  Academy's 
efforts  in  the  actor's  behalf. 

Meantime,  those  who  have  resigned 
are  holding  another  meeting  here  to- 
night to  map  a  program  and  later  will 
meet  jointly  with  the  .\ctors'  Guild. 


By  REDKANN 

Washington,  Oct.  4. — The  right  to  buy,  score  charges,  double 
features  and  block  booking — four  hotly  contested  points  which 
were  wrangled  over  in  prior  attempts  to  formulate  an  industry  code 
— are  passed  up  entirely  in  the  proposed  industry  code,  drawn  by 
the   NRA  through  Deputy  Administrator  Sol  A.   Rosenblatt  and 

made  public  early  this  evening. 

Members  of  the  exhibitor  code  com- 
mittee, grabbing  mimeographed  copies 
of  the  text — 14,000  words  of  it — im- 
mediately went  into  a  hurried  meeting 
to  learn  what  the  NRA  thinks  about 
moot  points  battled  over  to  and  fro, 
on  and  off,  here  for  weeks,  and 
emerged  stunned  by  what  their  eyes 
told   them. 

Tonight  there  were  meetings  on  sev- 
eral floors  of  the  Mayflower.  The 
M.  P.  T.  O.  A.  was  conferring  and 
endeavoring  to  organize  a  battle  front. 
Charles  L.  O'Reilly,  who  fought  vig- 
orously for  the  right  to  buy  in  some 
form  or  other,  was  in  the  vanguard 
of  a  second  session.  Over  at  the 
Wardman  Park  Allied's  cohorts  were 
in  a  huddle,  and,  according  to  reports, 
were  considering  withdrawing  from 
the  code  deliberations,  so  "burned  up" 
were   they    reported   to   be. 

Independent  producers  and  distribu- 
tors, dissatisfied  by  what  some  ob- 
servers considered  ^  victory  for  twin 
bills,  in  that  the  code  did  not  even 
refer  to  them,  gathered  in  Jacob 
Schechter's  room  to  find  out  not  what 
they  proposed  to  do,  but  how  to  do 
it.  They  are  fixed  in  their  determi- 
nation that  no  code  can  be  a  fair  one 
so  far  as  they  are  concerned  unless 
it  contains  an  expressed  provision 
designating  that  the  exhibitor  is  to  re- 

(Coiitiiiucd   oil    page    8) 


Separate  Code  Set 
For  Minor  Groups 

Washington,  Oct.  4.  —  Narrow 
gauge  interests  which  argued  they 
were  not  subject  to  regulation  in  the 
film  industry  code  and  so  should  have 
a  code  of  their  own  are  on  their  way 
to  winning  their  point.  In  the  NRA 
draft  it  is  held  sub-standard  film  in- 
terests are  not  to  be  included. 


Golden  Is  Named  as 
Film  Code  Advisor 

Washington,  Oct.  4. — Nathan  D. 
Golden,  chief  of  the  Motion  Picture 
Section  of  the  Bureau  of  Foreign  and 
Domestic  Commerce,  has  been  named 
industrial  advisor  on  the  film  and  the- 
tre  supply  and  equipment  codes  by 
Edward  B.  Stettinius,  Jr.,  liaison  offi- 
cer between  the  Industrial  Advisory 
Board  and  the  National  Recovery  Ad- 
ministration. 


Code  Authority  Vested 

With  Unlimited  Powers 


Washington,  Oct.  4.  —  The  Code 
Authority,  the  impending  "supreme 
court"  for  the  industry,  will  have 
practically  unlimited  powers  under 
the  code  draft  drawn  by  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  and 
made    public    late    this    afternoon. 

While  the  duties  of  the  Authority 
are  outlined  in  full,  its  membership 
is  left  blank.  Rosenblatt  explaining 
that  the  final  membership  has  not 
yet  been  determined.  However,  Mo- 
tion     Picture      Daily's      exclusive 


story  of  Wednesday  morning  listing 
all  but  two  of  those  reported  to  he 
slated  to  conduct  the  operation  of  this 
highly  significant  body  is  understood 
here  to  be  authentic,  and  its  publica- 
tion aroused  the  widest  interest 
among  the  industry's  codifiers  here. 
Those  reported  by  Motion  Picture 
Daily  to  be  slated  for  membership 
on  the  code  authority  are:  Sidney  R. 
Kent,  president  of  Fox;  Nicholas  M. 
Schenck,  president  of  M-G-M ;  Harry 
(Continued  on  page  11) 


Significant? 

Washington,  Oct.  4. — "Did 
you  get  your  copy  of  the 
code?"  a  top-line  executive 
was  asked  tonight. 

"Yes,  and  I'm  going  to  give 
it  plenty  of  study.  As  a  mat- 
ter of  fact,  after  they  all 
study  it  it's  going  to  be  a 
question  of  how  many  will 
sign  it,"  he   replied. 


MOTION  PICTURE 

DAILY 


Thursday,  October  5,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


Vol.   34 


October   5,    1933 


No.   81 


Maktin   QuiGLEy 

Editor-in-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 

^•\r>^  PUBLISHED  daily,  except  Sunday 
£  jl  J  and  holidays,  by  Motion  Picture 
V*|^  Daily.   Inc..  a  Quigley   Publication. 

^  at  1790  Broadway.  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted.  „     .,       „  ,., 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro.  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspendent:  fV.  H.  Mooring, 
41  Redbill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin.  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Nuues. 

Entered  as  second  class  mat- 
ter 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:     Canada    and    foreign     •hoo«.«»«t 
$15.      Single   copies:    10   cents. 


.NRA. 


Mae  West  Gets  New 
Paramount  Contract 

Hollywood,  Oct.  4.  —  Mae  West 
signed  a  new  contract  with  Para- 
mount today  which  calls  for  two  pic- 
tures a  year  from  her  for  the  next 
four  years.  The  actress  has  the  op- 
tion of  writing  her  own  stories,  se- 
lecting her  own  cast  and  working 
for  a  percentage  of  the  grosses  on 
the  eLght  pictures,  under  the  terms  of 
her  new  deal. 


Berkeley  Signs  8  Girls 

Busby  Berkeley,  Warner  dance  di- 
rector, has  signed  eight  girls  in  his 
search  for  talent  to  appear  in  the  com- 
pany's musicals.  They  are  Grace 
Moore,  Rickey  Newell,  Jane  Vance, 
Blanche  McDonald,  Margie  Murphy. 
Marie  Marks,  Diane  Bourget  and 
Clare  Augerot.  The  eight  will  leave 
for  the  coast  today  or  tomorrow. 
Berkeley  returns  to  Hollywood  by 
plane  this  afternoon. 


Para.  Claim  Settled 

A  compromise  settlement  for  $6,000 
of  an  $11,000  lease  claim  against 
Paramount  Publix  for  rent  due  on 
the  Empire,  40th  St.  and  Broadway, 
was  approved  yesterday  by  Referee 
Henry  K.  Davis,  as  indicated  in 
Motion  Picture  Daily  on  .Sept.  12. 


Zukor  on  the  Way  East 

Hollywood,  Oct.  4. — Adolph  Zukor 
left  here  tonight  for  New  York,  where 
he  is  scheduled  to  arrive  Sunday. 

Howard  Dietz.  M-G-M  advertising 
and  publicity  director,  and  Adela 
Rogers  St.  Johns,  writer,  were  other 
eastbound  travelers. 


Up  for  SMPE  Discussion 

Wide  range  recording  and  repro- 
duction, theatre  projection  and  illu- 
mination will  be  the  chief  subjects  of 
discussion  at  the  fall  convention  of 
the  SMPE  at  the  Edgewater  Beach 
Hotel,  Chicago,  Oct.   16-18. 


Looking    ^Em    Over 


'Vm  No  Angel' 


(Paraiiwnnt) 

Hollywood,  Oct.  4. — "I'm  No  Angel"  will  be  a  box-office  success.  Patrons 
are  eager  to  see  it  and  showmen  are  avidly  waiting  for  it. 

Following  her  skyrocket  rise  in  "She  Done  Him  Wrong,"  Mae  West  gyrates 
through  "I  m  No  Angel,"  a  vivid,  provocative  personality.  Her  tremendous 
popularity  which  swept  the  country  in  the  wake  of  the  repeat  runs  on  "She 
Done  Him  Wrong"  evidences  the  girl's  jxswerful  pull  with  the  cash  customers. 

"I'm  No  Angel"  plants  Mae  as  a  torso  tosser  in  a  small  time  circus.  All 
types  of  men  are  attracted  to  her.  On  each  she  leaves  the  imprint  of  her 
individuality.  When  she  joins  the  big  time  circus,  with  its  blare  and  spangles 
and  high-hat  audience,  she  becomes  the  head-liner  as  a  lion  tamer,  with  the 
thrill  of  putting  her  head  in  a  lion's  mouth  for  a  kick-ofif  finish  for  her  act. 
A  wealthy  playboy  is  attracted  to  her  and  she  becomes  a  saloon  queen,  bask- 
ing in  the  sunshine  of  fashion  and  wealth.  A  lawyer,  friend  of  her  sweetie, 
comes  to  ask  her  to  break  oflf  and  becomes  enmeshed  himself.  Later,  when  he 
finds  a  former  flame  in  Mae's  apartment,  he  tries  to  give  Mae  the  air.  Mae, 
having  fallen  hard,  sues  him  for  breach  of  promise,  climaxing  in  a  court  room 
scene  which  is  a  honey  for  speed,  laughter  and  that  Mae  West  personality. 

But  the  gal's  romance  isn't  the  show.  Mae  West  is  the  whole  thing,  and 
that's  what  they  want  to  see.  The  typical  Mae  West  songs  are  there — tuneful, 
ladeled  out  in  subdued  piecemeal. 

Mae  West  fans  will  surely  get  their  money's  worth  from  this  picture.  Mae 
wrote  the  story,  screen  play  and  dialogue. 

Wesley  Ruggles  does  a  craftsman's  job  of  direction.  Cary  Grant,  as  Mae's 
heavy  pash,  adds  just  the  right  note.  Ralf  Harolde,  Bill  Barton,  Kent  Taylor, 
Gregory  Ratoff,  Irving  Pichel  contribute  fine  performances.  Nat  Pendleton  in 
a  bit  is  swell. 

Mae  West  sure  spreads  her  wings  in  "I'm  No  Angel."  Most  of  her  wise- 
cracks will  be  whispered  over  the  three-point-two  and  the  teacups.  "I  Found 
a  New  Way  to  Go  to  Town"  will  be  hummed. 

Mae  West  is  a  major  attraction.  Exhibitor  showmen  should  cash  in  with 
first-class  resuhs.  VIC  SHAPIRO. 


'Doctor  BulV 


{Fox) 

Washington,  Oct.  4. — Typical  Will  Rogers  vehicle  on  a  par  with  his 
average  release.    Which  means  pleasant  and  adequate  entertainment. 

Will  steps  into  a  new  characterization  as  a  country  doctor,  liked  by  some 
and  as  heartily  disliked  by  others  in  the  small  community  for  his  frankness 
and  honest  criticism.  For  20  years  he  serves  his  constituency  at  the  usual 
sacrifice  of  comfort  and,  as  his  reward,  finds  himself  threatened  with  removal. 
About  this  time,  typhoid  breaks  out  and  Rogers  determines  to  stay  on  the 
job  whether  the  town  likes  it  or  not.  Later,  through  a  serum  of  his  own  con- 
coction he  makes  it  possible  for  Marion  Nixon's  crippled  sweetheart  to  walk 
again.  This  draws  the  fickle  townsfolk  rallying  to  his  side  again  and  paves 
the  way  for  Rogers  to  complete  his  long-delayed  romance. 

"Doctor  Bull"  has  Rogers  and  less  than  the  usual  quota  of  wisecracks. 
It  is  somewhat  shy  on  story  as  well.  KANN 


Now  "Overland  Bus'' 

Hollywood,  Oct.  4. — "Overland 
Bus"  has  been  selected  as  the  final 
title  of  tke  M-G-M  film  formerly 
called   "Transcontinental   Bus." 


AMP  A  to  Fete  James 

Arthur  James,  motion  picture  edi- 
tor of  The  Billboard,  will  be  the  guest 
of  the  AMPA  at  its  weekly  luncheon 
today  at  Sardi's. 


All  Stocks  Show  Rise 

Net 

High      Low      Close  Change 

Columbia    Pictures,    vtc 24^        24  24^  -f  % 

Consolidated    Film   Industries,   pfd 8Vs         8%         8%  -f  '/i 

Eastman    Kodak    79M        77  79J4  +iVi 

Eastman    Kodak,    pfd W^      127^      127^  +VA 

Fox    Film    "A" 16J4        16  16^  -fl?^ 

Loew's.     Inc.,     pfd 33^4        Sl'A        33  -f3M 

Paramount    Publix    iVi  Ijl  1^  

Pathe    Exchange    VA  1^  VA  -^  Vi 

Pathe    Exchange    "A" 9  8^  9  -f  "4 

RKO     3  2?4  2%  +14 

Warner    Bros 7J4  7  7M  +^ 

Warner    Bros.,    pfd 21'^        21  2VA  -f  'A 

Curb  Stocks  Steady 

Net 

High      Low      Close  Change 

Columbia    Pictures      23  23  23  —'A 

General   Theatre    Equipment,    pfd ^  5^  ^  

Sentry    .Safety    Control J4  54  54  

Technicolor     9li  m  9  +  '/i 

Paramount  F.  L,  Jumps  3  Points 

Net 

High      Low      Close  Chsuige 

General    Theatre    Equipment    6s    '40 5H  5  534  

General   Theatre   Equipment   6s   '40,   ctf 4  3l4  4  +  'A 

Keith    B.    F.    6s    '46 44J4        4454        44^  —54 

Paramount    Broadway   SVzs   '51 3154        31  31^^  

Paramount    F,    L.    6s    '47 34  32  34  4-3 

Paramount   Publix   5i/4s   '50 30"^        3054        305^  +14 

Warner    Bros.    6s    '39,    wd 4554        4454        45  -f  A 


Sales 

100 

200 

900 

1,000 

300 

4,400 

700 

100 

1,000 

1,700 

7,000 

200 


Sales 

200 

500 

100 

3.500 


Sales 

6 

30 
3 
3 
10 
3 
8 


i  Purely- 
Personal  ► 


ARNOLD  ALBERT,  who  has  been 
in  the  Warner  home  office  pub- 
licity and  advertising  department  for 
the  past  seven  years,  has  taken  a  post 
as  publicity  and  advertising  head  for 
seven  J.  Real  Neth  houses  in  Co- 
lumbus. 

A.  W.  Smith,  in  charge  of  eastern 
and  Canadian  distribution  for  War- 
ners, and  S.  Charles  Einfeld,  ad- 
vertising and  publicity  director,  are 
in  Boston  to  discuss  plans  for  "Foot- 
light  Parade"  with  Publix  managers 
in  New   England. 

Helen  Hayes  will  hand  out  the 
prizes  to  the  winners  of  the  trans- 
continental air  derby  staged  in  con- 
junction with  the  showing  of  "Night 
Flight"  on  the  stage  of  the  Capitol 
tomorrow   night. 

Bill  Dalton,  organist  at  the 
Grand,  Columbus,  O.,  comes  to  New 
York  today  to  confer  with  Warners 
on  a  musical  arrangement  of  the 
song  numbers  in  "Footlight  Parade." 

Chester  Hale  and  his  dancers,  to- 
gether with  Benny  Davis  and  James 
Hanley.  songwriters,  has  been  signed 
by  Educational  for  its  first  musical 
short  in  the  east. 

Alice  Ronson,  featured  in  "Her 
Unborn  Child,"  which  opens  at  the 
George  M.  Cohan,  Oct.  8,  will  make 
personal  appearances  there  during  the 
run  of  the  film. 

Thomas  J.  Martin,  assistant 
comptroller  of  Warners,  is  the  father 
of  a  boy,  born  to  Mrs.  Martin  at  the 
Fitch    Sanitarium   in   the    Bronx. 

Fred  Astaire  sailed  yesterday 
aboard  the  Berengaria  for  a  stage 
engagement  in  London.  His  wife 
accompanied  him. 

Norma  Terris  has  been  signed  for 
the  lead  in  the  second  three-reel  short 
to  be  produced  at  the  Vitaphone 
studios. 

John  Fogarty,  radio  tenor,  will  be 
guest  artist  on  the  Major  Bowes 
broadcast    Sunday   morning. 

Peggy  Heavens,  west  coast  fan 
dancer,  is  flying  here  to  begin  a  tour 
of  RKO  houses. 

Mrs.  Frank  Borzage.  wife  of  the 
director,  has  arrived  at  the  Warwick 
from    Hollywood. 

Chick  York  and  Rose  King  head- 
line at  the  Palace  beginning  tomor- 
row. 

Lillian  Miles  opens  at  the  Palace 
tomorrow. 


Neilson's  Son  Passes 

Anthony  Rutgers  Neilson,  3rd,  only 
son  of  Rutgers  Neilson,  died  yester- 
day morning  at  the  Broad  Street 
Hospital  from  a  complication  of  peri- 
tonitis. The  funeral  will  be  held  Fri- 
day morning  at  10  o'clock  from  the 
parents'  home,  125  West  12th  St. 
Interment  and  services  will  be  at  St. 
Peters  Church  yard,  Perth  Amboy, 
at  2  :30  o'clock. 


'*!f 


days 


you  scratched  your  message  on  a  smoked   glass 
slide  and  hoped  your  patrons  would  believe  you 

but  nowadays  # 

a  nationwide  organization  of  five  hundred  specialists  are 
on  the  job  day  after  day  combining  actual  scenes  from  the 
pictures  themselves  with  high-power  selling  talk  to  produce 
National  scene  trailers  .  .  .  trailers  that  actually  sell  your 
show  to  your  patrons. 


...an  organization  that  checks,  double  checks,  triple  checks 
every  booking,  every  playdate,  every  day  to  see  that  you 
get  the  best  trailers  in  the  field  at  the  right  time  every  time. 

1^  What  a  combination  to  drag  them  in  .  .  .  punch, 
realism,  service. 

Yes  sir,  it  pays  to  get  the  best  because  the  best 
always  pays  best. 


NATIONAL     SCREEN     SERVICE 


trailers  --  worth  more  because  they  sell  more 


AT  YOUR 


CAMPAIGN  BOOK 

for  M  G  M  SHOWMEN 


Gill?  AN  M-G-M 

CONTRACT 

IS  THE 

GREATEST 

ASSET 

There/brO^EtL  YOUR 
PUBLIC  YOU'VE  GOT 


JRE! 


MG-M 


DON'T  KEEP  rr  A  SECRET!  It's  worth  a  lot  of 
money  to  you  to  have  your  patrons  know  about 
your  M-G-M  tie-up!  Many  exhibitors  have  asked  us  to 
prq)are  special  advertising  to  enable  them  to  announce 
this  fact  in  a  big  way.  Hence  we  have  prepared  this  com- 
plete campaign  of  ADVERTISING.  EXPLOITATION 
and  PUBLICITY  which  is  now  available  to  all  MO-M 
showmen.  The  advertisements  and  publicity  curs  herein 
are  offered  to  you  in  mat  form  without  cost— a  part  of 
M-G-M  service.  In  ordering  mats  please  specify  by 
number — order  direa  from  your  M-G-M  Exchange. 


(Note!  All  the  mats  in  this 
campaign  book  are  FREE!) 


// 


AT  YOUR  M-G-M  EXCHANGE!  Eight  page 
press  book  showing  how  to  tell  the  public  that 
your  theatre  is  the  leading  show  shop  in  your 
town.  The  Major  theatre  is  the  one  using  the 
Major  product.  Tell  the  folks! 


A  few  of  the  ads  that  tell  your  public  the  good  news! 


entertoinwen 


'^'""'■?luc  during 'he 
coming  seo  is   a 


THeSut«. 


CONTENTS  OF 

M-G-M  SERVICE 

PRESS  SHEET! 

8  pages  with  press  stories, 
exploitation  tie-ups  and 
ads,  6  col.,  4  col.,  3  col., 
2  col.  and  1  col.  Mats  are 
at  your  branch !  Get  some 
today,  FREE! 


eo  LEADS 
e PARADE 
of  STARS 

to  the  screen 
of  the 

STATE   THEATRE 


THE  WHOLE  WORLD  WILL  APPLAUD 
^    THESE  COMING  SCREEN  HITSI 

c'mt^a'garbo^ 
john  gilbert 


UQMB] 


»I(K  Franch< 

r  DRESSLER— 
L  BA£itYMORE 

STAGE  MUTHER 

with  Alice  Brady,  Franchot  Torx 
Maureen  O'SullW.n.  PMIlic 

SOLITAIRE  MAN 

•1th  Herbert  Minh*!!,  Eluibci 
Allan,  MaiT  Bolard.  Lionel  Atwll 
JEAN  HARLOW— LEE  TRACY 


I  "Bo  I 


ED  WYNN 

In  "The- Chief  ■ 
RAMON  NOVARRO— 
rcANNETTE  MAC  DONALD 

in  'The  €•■  and  The  Fiddle"  wUh 
VlvJtnne  Segal.  Frank  Moifan. 
Chailei  Butierworih 
MARION 


LIONEL  BARRYMORE 

with  Olan.  Wrnyaid  In  "The  Pa 
kdlne  CaM." 
WALLACE  BEERY 
ln"Vl»a  VllU." 
HELEN  HAYES 
In  "Wicked  Wotutu' 
ROBBRT  MONTGOMERY 


MoTBin.  Uni  Metkel. 

MEET  THE  BARON 

with  Jack    Pearl.    Ben    Bard.    Ted 

Healy.   Zaiu   PiRi.   Lyda  RobclH. 

llmmy  Durante,  Doc  Rockwell. 

PRIZEFIGHTER  AND  T41B 

LADY 

with  Mai  Baee,  Myma  Loy.Walicr 

Huiton.  Pilroo  Camera. Vine* 

Bamen. 

NIGHT  FLIGHT 

with  John  Barrrmoie.  Helen  Hayci. 
dark  Cable.  Lk>nd  Barrymore, 
Robcn  Monvsioeey.  Myma  Lot- 

HOLLYWOOD  PARTY 

with  MaHe  Dicailct.  loan  Crawford.  Jean  Hatbw.  Lum  Vda 
Jlmmi  Durante,  Jadi  PcatL  Chatic*  Buctcrworth.  Fcan  Htrtholi 


ln"Se.ylw.-' 

TARZAN  AND  HIS  MATE 

widljohnny  WelitmuUei.  t 


WE  HAVE  THE 

DOTTEDn^  ; 

LINE!      ^^^ 


TS  LEO,  the  roaring  lion 
of  M-G-M.  We  have 
signed  him  on  the  dot- 
ted line  to  present  the 
world's  finest  morion 
pictures  on  the  screen  of  our  thea- 
tre during  the  coming  season.  Are 
we  elated?  And  will  you  be  happy 
as  his  great  stars  of  ftlmdom  are 
brought  to  you  in  their  happiest 
hits  I 

The  World's  Greatest 
Stars  Are  M-G-M 


NORMA  SHEADEI) 
CLARK  CAILE 
OETA  GARtO 
WAllACE  tEERV 
MARIE  DRESSLER 
JOHN  lARRVMORE 
MARION  DAVIES 
ROBERT  MONTGOMERY 
HELEN  HAYES 


LIONEL  lARRYMORE 
JOAN  CRAWFORD 
RAMON  NOVARRO 
JEAN  HARLOW 
LH  TRACY 
EBWYKfN 
JACK  rEARL 
JIMMY  DURANTE 
LAOREL  li  H<Rt)Y 


Stars  in  Short  Features,  tool 


HAL  ROACH  DE 
LUXE  COMEDIES 
Laurel-Hardy.Chartey 
Chase,  Thilma  Todd' 
PaUyKtlly.RoachAU 
SiaTs.OurGangMoach 
Muiicat  Corrudus. 

*  * 
M-C-M  "CRIME 
DOESN-T  PAY" 
SERIES 

*  * 
M-C-M  ODDITIES 


FITZPATRICK 
TRAVELTALKS 

*  * 
GOOFY  MOVIES 

*  * 
WILLIE  WHOPPER 
CARTOON  COM- 
EDIES 

»    * 
HEARST  METRa 
TONE  NEWS 

*  * 
M-G-M  MUSICAL 
REVUES 


See  the  World's  Finest 

Entertainment  First 

and  Regularly  at 

The  Theatre  of 
The  Stars 

STATE 


m^'*~  'o 


AD  NO.  8 
135  lines— single  column 


on  the 
'>fthe 


screen 


r  H 

A 


T  °"  *'^^  other'"   ^"^bo 
V  "•»    ^e,ro  gIm'**"  ^'^'^S 


»«cn  o  „,-  -w 

"*  err 

innn . .  "lev 


Of  o 


'^o?:;;:-''-9».e,,. 


ever 
S'ng/e 


soc- 


;''«*«  STARS  I    ';.  ^"'ch  for 

"""'""'ore;;",;/-"' 

finest  .„,:  '^.^  *^orA 
Comment 


"     f    A    T     ft 

=^a-     *^  T  n  £  J 


40 


'^^//»e,_ 


eooty  Lc 


Yf  WRDS 


With  GEORGE  BARBIER,  Lucille  Gleason, 
Verree  Teasdale,  Donald  Meek.  Produced 
by  Carl  Laemmie,  Jr.,  from  the  Sam  H. 
Harris  play,  "Oh,  Promise  Me,"  by  Howard 
Lindsay  and  Bertrand  Robinson.  Directed 
by  Eddie  Buzzell.  Presented  by  Carl 
Laemmle. 


W 


LOVE,  HOKOR 


BOOftfRT 


SPINACH! 


// 


What's  "spinach''  got  to  do  with  the 
film  business  or  with  the  box-office? 
.  .  .  PUH-LENTY,  Mister,  PUH-LENTY! . . . 
Because  when  this  picture  gets  circu- 
lating, "SPINACH"  is  going  to  be  the 
country's  newest  wise-cracking  by- 
word... It's  going  to  be  just  as  famous 
as  Eddie  Cantor's  "quack-quack"  or 
Mae  West's  "Come  Up  and  See  Me 
Sometime!".  .  .  How?  .  .  .  Why?  .  .  . 
What?  .  .  .  Where?  .  .  .  You'll  find  out 
all  about  it  when  Zasu  Pitts  tells  it  to 
the  judge  and  jury  in  the  funniest 
breach  of  promise  case  ever  framed 
into  court. 

Special  Note  To 
Theatre   Managers: 

Vou  can  g/Ve  your  per^oT\a\ 
guarantee  in  your  newspaper 
ads  that  this  picture  presents 
the  funniest  courtroom  se- 
quence ever  filmed ! 


>5- 


UZASU  PITTS 

^OH,  BABY ! ' 


LT 


MOTION  PICTURE 

DAILY 


Thursday.  October  5,    1933 


Minimum  Wage  for  Theatre  Staffs 


Right  to  Buy, 
Scores,  Duals 
Not  Included 


(Continued  from  page   1) 

tain  the  right  to  set  up  his  own  theatre 
pulley. 

As  a  matter  of  fact,  the  only  group 
here  that  seemed  content,  or,  perhaps, 
resigned,  was  the  major  company  con- 
tingent which  met  Rosenblatt  for  a 
lew  mmutes  at  9  o'clock,  and  45  min- 
utes later  left  in  a  group  for  Loew's 
Palace  to  see  a  picture.  Someone  re- 
marked he  hoped  it  was  good.  Nicho- 
las Ai.  Schenck  replied  he  was  sure  it 
was.  it  was  "Stage  Mother,"  which 
happens  to  be  an  Al-G-M  release. 

h-xhibitors  were  reluctant  about  be- 
ing quoted,  but  once  that  was  hurdled 
they  had  plenty  to  say  and  apparently 
did  not  care  who  heard  it.  They 
charged  labor  provisions  as  proposed 
are  unfair  and  that  many  of  their 
theatres  faced  closing  if  the  sugges- 
tions drawn  by  Rosenblatt  are  finally 
adopted. 

Ignored  Issues  Stir  Advocates 

Those,  principally  M.  P.  T.  O.  A. 
men,  who  lavored  elimination  of  duals 
by  a  75  per  cent  exhibitor  vote  in 
each  territory  are  disturbed  because 
the  code  as  presented  had  nothing  to 
say  about  duals.  Advocates  of  the 
right  to  buy  feel  they  have  been  ig- 
nored entirely  and  declared  the  issue 
will  not  rest  where  it  now  does.  How- 
ever, two  references  in  the  code  are 
believed  to  have  a  bearing  on  the  right 
to  buy  issue.  One  is  Clause  2  under 
the  exhibitors'  proposals  which  de- 
clares :  "No  exhibitor  shall  contract 
for  a  license  to  exhibit  more  motion 
pictures  than  such  exhibitor  reason- 
ably shall  require  for  exhibition  in  any 
theatre,  or  theatres  with  the  intent  and 
effect  of  depriving  a  competing  exhib- 
itor from  contracting  to  exhibit  such 
excess  number  of  motion  pictures.  .  ." 
The  Second  Clause 

The  other  appears  under  the  four 
principal  tasks  delegated  to  proposed 
local  grievance  boards  and  reads  "the 
commission  of  any  other  similar  acts 
with  the  intent  and/or  effect  of  de- 
priving without  just  cause  the  com- 
plaining exhibitor  of  a  sufficient  num- 
ber of  motion  pictures  to  operate  such 
exhibitor's   theatre." 

Rosenblatt  is  said  to  feel  these  two 
restrictions  tied  in  with  the  wide  pow- 
ers designed  for  the  grievance  boards 
will  automatically  open  the  market 
and  allow  the  right  to  buy  to  prevail. 
Many  exhibitors  declare  this  may  or 
may  not  happen.  They  say  they  are 
not  sure  about  that,  but  that  they  are 
sure  they  wanted  some  sort  of  a  right 
to  buy  formula  outlined  in  specific 
language. 

Fireworks  Due  Thursday 

The  fireworks  are  scheduled  to  pop 
begmning  at  10:30  Thursday  morning 
when  Rosenblatt  meets  the  exhibitor 
committee.  How  much  argument  he 
will  allow  in  vievv  of  the  fact  that  the 
ground  on  all  major  points  was  thor- 
oughly gone  over  at  earlier  code  meet- 
mgs  remains  to  be  -seen.  His  code  con- 


Highlights  ofNRA  Code 


Washington,  Oct.  1.— Highlights  of  the  revised  industry  code 
made  public  yesterday  by  Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  and  the  disposition  it  makes  of  some  of  the  industry's 
important  issues  follow. 

Block  booking — 15  per  cent  cancellation  privilege  granted  ex- 
hibitors without  payment  for  pictures  cancelled. 

Optional  standard  contract — Approved  with  the  provision  that 
its  contents  must  not  conflict  with  code  content. 

Voluntary  arbitration — Approved.  Arbitration  boards  provided 
for  with  membership  of  four;  two  representatives  from  each 
branch  of  industry  involved. 

Local  grievance  boards — To  be  established  with  membership 
of  two  distributor  and  two  exhibitor  representatives  and  a  fifth 
"outsider";  the  boards  to  be  endowed  with  almost  unlimited 
powers. 

Overbuying — Outlawed   wherever  designed   to   curb   competition. 

Minimum  admissions — Enforceable  as  specified  in  exhibition 
contracts  with  two-for-one  admissions  and  other  price  reduction 
practices  banned. 

Clearance  and  Zoning — To  be  established  18  months  in  advance 
by  local  boards  comprised  of  two  distributor,  two  first  run  and 
two  subsequent   run   representatives   and  one  outsider. 

Premiums — To  be  banned  in  any  locality  where  75  per  cent 
of  exhibitors  vote  to  outlaw  them. 

Designated  play  dates — Banned  as  regards  pictures  bought 
on  flat  rental  basis,  but  permitted  under  certain  circumstances 
in  percentage  engagements. 

"Specials" — Must  be  offered  first  to  distributor's  regular  cus- 
tomers. 

Talent  "raiding" — Producers  prohibited  from  "raiding"  contract 
talent  of  legitimate  stage  producers  and  of  film  producers  in- 
dependently associated  with  competitors. 

Rental  of  studio  facilities — Producers  are  restrained  from  con- 
spiring to  prevent  the  rental  of  studio  facilities. 

The  right  to  buy,  double  features,  score  charges,  foreign  produc- 
tions and  the  demand  for  an  operator  for  every  projection 
machine  are  among  the  major  subjects,  much  discussed  in  earlier 
code  parleys,  which  are  not  even  mentioned  in  the  NRA  draft. 

Labor  proposals  establish  a  40-hour  week  for  theatre  employes, 
except  those  in  executive  capacities  and  making  over  $35  per 
week^  and  provide  for  minimum  wages  ranging  from  25  cents  to 
35  cents  per  hour  according  to  size  of  cities.  Distribution  em- 
ployes, excepting  outside  salesmen,  those  in  executive  capacities 
and  making  more  than  $35  per  week,  receive  minimum  wages 
of  $14  to  $15  for  40-hour  weeks.  Studio  office  help  have  a  40-hour 
week,  while  studio  mechanical  help  have  a  36-hour  week.  Mini- 
mum wages  for  production  employes  range  from  40  cents  to  50 
cents  per  hour.  Operators'  wages  are  to  correspond  to  those 
prevailing  on  Aug.  23. 


tains  a  number  of  proposals  which  ap- 
pear in  the  originally  submitted  ten- 
tative code,  but  the  language  in  prac- 
tically all   instances   is  his. 

Highlights  of  the  NRA  draft  fol- 
low : 

40-Hour  Week  in  Studios 

Employes  in  production  are  not  to 
work  more  than  40  hours  per  week, 
this  pertaining  to  office  help.  Studio 
mechanics  covering  58  classifications 
of  workers  are  limited  to  36  hours 
per  week.  These  workers  are  union- 
ized and  represent  classifications  for 
which  major  studios  have  expressed 
a  willingness  to  pay  on  the  basis  of 
a  40-hDur  week  for  36  hours'  work. 
However,  maximum  hours  in  these 
cases  are  not  to  apply  to  workers 
on  emergency  maintenance  or  repair 
work,  nor  to  cases  where  restriction 
of  hours  would  hinder  or  delay  pro- 
duction. 

Excluded  from  these  maximums,  as 
well,  are  employes  in  executive  or 
managerial  capacities  such  as  actors, 
attorneys,  department  heads,  super- 
visors and  writers.  Also  excluded  are 
workers  directly  engaged  in  pro- 
duction whose  working  time  "must 
necessarily   follow   that   of   a   produc- 


tion unit."  In  this  group  are  workers 
such  as  art  directors,  assistant  di- 
rectors, cameramen  and  assistants, 
sound  engineers,  sound  mixers,  and 
wardrobe  fitters.  Another  exempted 
class  is  newsreel  workers,  such  as 
editors,  cutters,  camera  and  sound 
men,  although  the  latter  two  won't  be 
permitted  to  work  more  than  320 
hours  in  any  eight-week  period. 

The  minimum  wage  for  any  class 
of  production  worker  is  to  be  40  cents 
per  hour,  but  clerical  help  is  to  get  a 
50-cent  minimum,  on  the  basis  of  a 
40-hour  week.  Listing  36  types  of 
workers  used  in  studios  such  as 
sculptors,  plasterers,  set  drapers  and 
upholsterers,  the  code  sets  forth  mini- 
mum per  hour  wages  which  in  many 
cases  are  lower  than  producers  volun- 
tarily have  ofifered  to  pay.  The  code 
also  states  newsreel  camera  or  sound- 
men are  to  get  one  day  ofif  with  pay 
for  every  four  cumulative  days  of 
24  hours  each. 

Extras'  Pay  Is  Fixed 

Conditions  covering  extras  are  to 
be  governed  by  a  standing  committee 
which  the  code  authority  will  name. 
Following  reclassification  of  extras 
which    the    Academy   of    M.    P.    Arts 


Committee  to 
Take  Care  of 
Studio  Extras 


and  Sciences  and  producers  jointly 
have  agreed  to  do,  extras  are  to  get 
a  $7.50  minimum  per  day,  dress  ex- 
tras $15  per  day,  with  $25  for  any 
extra  playing  a  bit  part  with  essential 
story  dialogue.  Extras  used  for 
crowds,  or  in  large  groups,  are  down 
for  $5.  The  code  also  rules  out  ex- 
tras hired  on  a  basis  of  nepotism  or 
personal  favoritism  and  sets  the  aver- 
age day  as  eight  hours. 

Distribution  employes,  except  out- 
side salesmen,  are  not  to  work  more 
than  40  hours  per  week,  except  those 
in  managerial  or  executive  capacities, 
and  except  those  who  get  more  than 
$35  per  week.  Minimum  wages  in 
this  major  industry  division  are  to  be 
not  less  than  $14  per  week  in  cities 
up  to  250,000;  not  less  than  $14.50 
per  week  in  cities  between  250,000 
and  500,000,  and  not  less  than  $15 
per  week  in  cities  over  500,000. 
40-Hour  Theatre  Work 

In  exhibition  the  maximum  week  is 
40  hours,  except  managerial  or  execu- 
tive workers  whose  salaries  are  over 
$35.  Ticket  sellers,  doormen,  ushers 
and  office  help  are  to  get  not  less 
than  a  20  per  cent  increase  over  the 
wages  paid  them  on  August  1  in 
cities  with  a  population  under  15,000. 
The  same  type  of  workers  are  to  get 
not  less  than  30  cents  per  hour  in 
towns  ranging  from  15,000  to  500,000, 
and  not  less  than  35  cents  in  towns 
over  500,000.  Ushers  in  towns  over 
15,000  are  to  get  not  less  than 
25    cents    per   hour. 

In  all  cases,  therefore,  these  em- 
ployes dip  under  the  President's  low. 

Exhibitor  demands  for  operators' 
wages  as  of  July  1,  when  many 
unions  had  accepted  cuts,  are  thrown 
out  in  proposals  covering  this  issue. 
The  NRA  code  favors  wages  prevail- 
ing on  August  2i,  when  cuts  had  been 
restored,  and  minimum  hours  prevail- 
ing  on   that   date. 

Where  disputes  arise  as  to  mini- 
mum wages  and  maximum  hours,  the 
code  calls  for  settlement  through  a 
committee  of  two  representing  the 
I.A.T.S.E.  and  the  disputant,  and,  if 
they  cannot  agree  on  a  settlement,  by 
a  third  impartial  party.  The  same 
provision  goes  if  the  dispute  hovers 
around  a  union  not  affiliated  with  the 
I.A.T.S.E.,  or  in  cities  where  opera- 
tors belong  to  no  union.  Pending  set- 
tlement, current  wages  and  hours  are 
to  prevail  and  no  strike  may  be  called 
by  operators,  nor  can  a  lockout  be 
ordered   by    employers. 

Exhibitors  are  barred  from  increas- 
ing the  duties  of  operators  in  order 
to  reduce  their  number,  but,  regarded 
as  of  the  greatest  importance,  is  the 
fact  no  mention  is  made  of  the 
I.A.T.S.E.  demand  for  a  man  behind 
each  machine,  thereby  indicating,  on 
the  basis  of  the  first  analysis  of  the 
code,  that  William  Elliott's  demand 
will    not    be    recognized. 

Highlights  of  the  conditions  govern- 
ing performers  in  vaudeville  and  pres- 
{Continued  on  page  10) 


IN  THE  $100,000  A  WEEK  CLASS 

AT   RADIO   CITY 

WITH 

MORNING 

AND 

ONE 


n  DO  OUM  MMT  , 


RKO 

PICTLRES 

w 


Directed  by  John  Cromwell    *    A  Pandro  S.  Berttiafl  Production 

MERIAN  C.  COOPER,  Executive  Producer 


IRENE  DUNNE 
WALTER  HUSTON 

RAD   NAGEL 
BRUCE    CABOT 

EDNA  MAY  OLIVER 


10 


MOTION  PICTURE 

DAILY 


Thursday,  October  5,    1933 


Local  Arhitration  Boards  Set  Up 


Chorus  Girls 
Win  40-Hour 
Week  Ruling 


(Continued   from    page    8) 

eiitation  houses  follow :  Chorus  girls 
win  a  40-hour  week  and  one  day  off 
in  seven,  with  full  pay.  They  are  not 
to  be  compelled  to  report  before 
9  o'clock  in  the  morning.  Minimum 
weekly  wages  in  de  luxe  theatres  are 
§30.  For  traveling  companies  the 
minimum  is  $35.  For  houses  other 
than  de  luxe  it  is  $25,  although  by 
whom,  or  how,  de  luxe  theatres  are 
to  be  defined  is  not  mentioned.  The 
practice  of  breaking  in  or  trying  out 
acts  without  pay  is  ruled  out. 

In  this  regard  the  code  says  the 
minimum  salary  must  prevail,  and 
this  goes  for  principals  and  chorus 
alike. 

Principals  are  to  have  rehearsals 
limited  to  four  weeks,  with  a  guar- 
antee of  two  consecutive  weeks'  em- 
ployment. When  chorus  girls  are 
hired,  they  are  to  be  guaranteed  two 
weeks'  work  at  not  less  than  mini- 
mum  salaries. 

Acknowledging  the  difficulty  of  set- 
ting minimum  for  principals,  the  code 
says  performers  with  more  than  two 
years'  experience  are  to  get  a  $40 
minimum  net  and  $25  where  exper- 
ience is  under  that  period.  The  mini- 
mum per  day  wage  is  to  be  $7.50. 
Chorus  transportation  is  to  be  paid 
in  full.  Exhibitors  or  stage  producers 
are  to  supply  all  wardrobe,  including 
hats,  wigs  and  stockings  to  the 
chorus,  and  the  same  goes  for  prin- 
cipals  who  get  under  $50   per  week. 

Lists  Unfair  Practices 

Listing  three  unfair  trade  practices 
aimed  at  producers,  with  the  nota- 
tion more  are  to  come,  the  code  calls 
it  unfair  for  any  producer  to  attempt 
to  inveigle  an  author,  dramatist  or 
actor  engaged  in  legitimate  stage 
work  or  musical  comedy  from  his 
obligation  in  order  to  sign  up  for 
pictures.  It  also  dubs  it  unfair  for 
producers  in  the  habit  of  renting 
studio  space  to  "conspire,  agree  or 
take  joint  action"  in  refusing  any 
responsible  producer  such  facilities. 
Nepotism  in  the  employment  of  ex- 
tras is  the  third. 

Unfair  trade  practices  applying 
jointly  to  producers  and  distributors 
include  a  ban  on  disturbing  relations 
between  producer  or  distributor  and 
"outside  or  associated  producer"  un- 
der contract  with  the  idea  of  breach- 
ing contracts.  To  end  this,  the  code 
proposes  that  no  offers  be  made  an 
outside  producer  at  any  time  prior  to 
60  days  before  the  termination  of  the 
expiring  contract  or  60  days  prior  to 
the  date  on  which  an  outside  producer 
is  committed  to  deliver  his  last  con- 
tracted picture.  Producers  in  this 
class  are  men  like  B.  P.  Schulberg 
and  Charles  Rogers.  What  is  behind 
this  provision  was  not  clear  late  to- 
night, but  it  is  the  subject  of  some 
speculation. 

Where  the  exhibitor  buys  film  flat 
the  distributor  has  no  right  to  desig- 
nate playdates,  according  to  the  code, 
unless   it   is   so  interpreted  by   Rosen- 


In  Washington  Once  More 


W.\sHiNGTON,  Oct.  4.— When  the  Capital  City  lands  a  winning  team  in  the 
World's  Series,  they  say  the  population  increases  by  50,000  while  the  boys 
play  it  out  on  the  diamond.  That's  happened  and  so,  beginning  Thursday, 
some  of  the  codifiers  may  have  to  double  up  or  find  a  hotel  other  than  the 
Mayflower. 

Fraternal  note :  Nick  Schenck,  Bob  Rubin  and  Ed  Schiller,  arm  and  arming 
it  into  the  hotel  elevator. 

• 

Schiller  has  been  here  since  Monday.  Last  night,  Sam  Dembow  and 
George  Skouras  hit  town.     Tonight,  the  gag  business   starts  all  over  again. 

Because  she  may  have  thought  he  was  never  coming  home,  Mrs.  Kuykendall 
journeyed  up  from  Columbus,  Miss.,  to  visit  her  Ed. 

• 
Mitchell  Klupt  lost  a  precious  possession  between  the  time  the  Congressional 
pulled  out  of  New  York  and  landed  here  Tuesday  evening. 

• 
The  exhibitors  went  into  their  below-street-level  huddle  again  this  afternoon 
when  the  pow-wows  with  Deputy  NRA  Administrator  Rosenblatt  resumed. 

Al  Friedlander  and  Eddie  Golden  are  back  at  their  old  stands  in  the  lobby. 

Jacob  Schechter  reached  his  office  Monday  at  9  A.  M.  and  left  it  in  time  to 
catch  the  Boston-Washington  flyer  at  Penn  Station  17j^  hours  later. 

Pat  Casey  is  back — urbane  and  smiling.  He  says  he  has  a  "couple  of  little 
things  to  do,"  referring  to  sound  technicians  and  cameramen. 

NRA-ing  elsewhere  around  the  hotel  at  the  same  time:  the  set-up  paper  box 
industry,  smoking  pipe  manufacturers,  lumber  code  authority. 

• 

There  are  several  who  remember  Washington  when  it  was  a  lazy,  calm 
town  and  wish  it  were  that  way  again.  The  Blue  Eagle  has  the  city  upside 
down. 

• 

Just  to  ruffle  Jack  Cohn  the  right  way,  Keith's  is  holding  over  "Lady  for  a 
Day"  a  second  week. 


blatt.  The  code,  however,  takes  no 
cognizance  of  the  exhibitors'  protest 
over  the  distributors'  insistence  about 
playing  percentage  pictures  on  the  big 
half  of  the  week,  but  does  say  that 
where  the  exhibitor  who  has  con- 
tracted to  play  percentage  decides  to 
shift  because  he  regards  a  picture 
unsuitable,  the  matter  is  to  be  settled 
by  a  local  grievance  board.  If  the 
board  decides  for  the  exhibitor,  then 
the  distributor  has  the  right  to  desig- 
nate another  picture  for  the  same  day 
or   days    on    the    same   terms. 

Specials  Limited 

Limiting  distributors  who  have  been 
known  to  release  specials  and  sell 
them  away  from  their  regular  cus- 
tomers, the  code  declares  this  prac- 
tice must  not  prevail.  Giving  no 
details  as  to  the  terms  under  which 
exhibitors  may  select  85  per  cent  of 
a  given  product,  the  code  goes  very 
legal  on  the  matter  of  cancellations. 
The  proposal  merely  points  out  tliatt 
the  cancellation  notice  must  go  to  the 
distributor  within  21  days  of  the 
availability  of  the  film,  or  else  ex- 
hibitors must  play  it.  but  no  mention 
is  made  of  the  5-5-5  cancellation 
brackets  as  proposed  in  the  dis- 
tributors' code  which  called  for  partial 
payments  on  the  final  10  per  cent  of 
the   nictures    so   cancelled. 

Clause  2  under  exhibition  proposals 
bans  the  exhibitor  from  buving  more 
film  than  he  reriuires  solelv  to  ob- 
struct a  competing  exhibitor. 

Definitely  ruling  on  lotteries,  serin 
books,  giveaways  and  two-for-one  ad- 
missions, Rosenblatt  proposes  their 
complete  ban  and  at  the  same  time 
makes  it  compulsory  for  the  exhibitor 


to    maintain    the    minimum    admission 
specified  in  his  contract  for  film. 

Premiums  go  back  to  the  plan  for- 
merly devised  for  dealing  with  double 
featuring.  A  75  per  cent  vote  of  ac- 
tive affiliated  and  independent  thea- 
tres in  any  given  zone  is  required 
to  rule  thern  out  in  the  locality,  but 
exhibitors  tied  up  on  contracts  for 
merchandise  will  have  90  days  of 
grace  after  the  local  voting  in  which 
to    liquidate   his    commitments. 

Local  Boards  Powerful 

Confirming  Motion  Picture 
Daily's  story  of  Sept.  25,  the  code 
draft  proposes  almost  unlimited 
powers  for  local  boards.  Known  as 
"local  grievance  boards,"  they  are  to 
be  set  up  in  each  exchange  center  bv 
the  code  authority.  They  will  be  com- 
posed of  two  representatives  of  major 
distributors,  two  exhibitors  and  a 
fifth  member  who  will  be  an  out- 
side party  not  identified  with  pic- 
tures, but  whose  choice  must  be  ap- 
proved by  the  administrator.  This 
fifth  member  will  vote  onlv  in  case 
of  a  deadlock.  The  selection  of  a 
chairman  and  the  reaching  of  deci- 
sions  will   be   bv   majority   vote. 

Specifically  within  the  functions  of 
board  control  will  be  four  points. 
One  is  over-buying.  Two  is  main- 
taining an  eye  on  "unfairly  compet- 
ing onerating  nolicy"  which  is  not 
pxnlained  further.  Three  is  private 
deals  between  distributor  and  exhib- 
itor to  keen  product  awav  from  an- 
other exhibitor.  The  fourth  is  refusal 
or  disinclination  to  sell  an  exhibitor 
sufficient  product  to  keep  his  theatre 
open. 

Dissatisfaction     with     decisions     of 


Appeals  from 
Local  Boards 
Are  Provided 


grievance  boards  will  permit  com- 
plaints to  be  carried  to  the  code 
authority,  if  an  appeal  is  filed  in 
writing  not  more  than  five  days  after 
the  local  board's  decision  is  made. 
Likewise,  it  is  proposed  to  allow  dis- 
putants to  appear  before  the  code 
authority  in  person  to  present  addi- 
tional evidence.  The  code  authority 
is  committed  to  hand  out  a  decision 
not  later  than  15  days  after  hearings 
are   held. 

Another  clause  provides  for  the 
general  use  of  the  optional  standard 
license  agreement,  except  in  cases  . 
where  any  conditions  may  run  counter 
to  the  code.  In  that  case  the  standard 
contract  must  conform  to  the  code. 
If  disputants  agree  to  arbitrate  their 
differences  under  the  standard  con- 
tract, the  machinery  to  do  so  is  that 
already  outlined  in  the  contract.  This 
keeps  arbitration  optional  in  con- 
formity with  the  Thacher  decree. 
Also  included  is  a  restriction  on  the 
exhibitor  and  distributor  against  dis- 
closing box-office  receipts  for  publi- 
cation. But  seen  as  a  possible  white- 
wash is  the  concluding  remark,  which 
says :  "No  exhibitor  or  distributor 
shall  be  responsible  for  disclosures 
made  by  agents  not  authorized  to 
do  so." 

Zoning   Settled  Locally 

To  handle  clearance  and  zoning, 
the  code  proposes  to  create  local  zon- 
ing boards  which  will  vary  from  local 
grievance  boards  in  that  the  former 
will  confine  their  activities  to  clear- 
ance only.  The  code  authority  will 
appoint  personnel  in  each  zone.  Its 
makeup  will  be  two  distributors,  two 
first  run  houses,  two  subsequent  run 
houses  and  one  impartial  observer.  In 
the  distributor  class  one  will  be  a 
man  affiliated  with  a  national  circuit 
and  one  without  theatre  affiliations. 
Of  first  run  representation  one  may 
be   affiliated. 

These  boards,  prior  to  Jan.  1,  1934, 
and  prior  to  Nov.  15,  each  year  there- 
after, are  to  draw  up  clearance  sched- 
ules to  apply  in  their  zones  for  the 
ensuing  season.  As  this  was  inter- 
preted hastily  by  codifiers  late  to- 
night, the  impression  is  the  plan  pro- 
vides that  clearance  is  to  be  defined 
18  months  ahead.  Appeals  likewise 
may  be  taken   to  the   code   authority. 

A  remedial  plan  for  industry  ills 
takes  the  form  of  arbitration  boards 
which  presumably  rnay  be  formed 
from  time  to  time.  Such  boards  will 
be  subject  to  the  code  authority  and 
are  to  have  four  members,  all  en- 
gaged  in   the   film  business. 

For  instance,  a  dispute  between 
producer  and  agent  would  split  the 
board  of  four  into  50-50  representa- 
tion, although  board  members  are  not 
to  have  an  interest,  direct  or  other- 
wise, in  the  issue  involved.  The  im- 
pression tonight  was  that  this  is  a 
compromise  on  the  original  demands 
made  at  public  hearings  by  the  Acad- 
emy, agents  and  others  for  a  place 
on  the  code  authority. 


Thursday,   October   5,    1933 


MOTION  PICTURE 

DAILY 


Code  Authority  Supreme  Arbiter 


Powers  Given 
To  the  Body 
Are  Unlimited 


(Continued  from   page    1) 

M.  Warner,  president  of  Warners ; 
R.  H.  Cochrane,  vice-president  of 
Universal;  George  J.  Schaefer,  gen- 
eral manager  of  Paramount  Publix ; 
Al  Lichtman,  vice-president  of  Uni- 
ted Artists;  Charles  L.  O'Reilly, 
president  of  the  T.  O.  C.  C,  New 
York;  Ed  Kuykendall,  president  of 
M.  P.  T.  O.  A.;  M.  E.  Comerford, 
president  of  the  Comerford  circuit : 
W.  Ray  Johnston,  president  of  Mono- 
gram Pictures,  and  two  additional 
and  as  yet  unnamed  representatives 
of  independent  interests. 

NRA  to   Name   Three 

In  addition,  the  NRA  has  the  right 
to  appoint  three  additional  represen- 
tatives without  industry  affiliation, 
but  may  keep  the  number  lower  if  it 
so  elects.  These  men  will  be  with- 
out voting  power,  and  because  this  is 
so  it  obviously  follows  that  the  sug- 
gestion in  the  exhibitors'  original  code 
that  the  government  representatives 
have  a  vote  has  been  thrown  out. 

Reaching  beyond  disputes  which 
may  arise  between  exhibitor  and  dis- 
tributor, it  is  proposed  to  extend  the 
functions  and  province  of  the  code 
authority  to  any  class  of  employes  en- 
gaged in  the  industry  when  the  need 
arises.  One  representative  of  each 
employe  classification,  selected  by  the 
administration  from  nomination.s  made 
by  that  classification,  would  then  sit 
with  the  code  authority,  and  with  the 
right  to  vote. 

Whether  or  not  this  means  labor 
disputes  will  come  within  the  scope 
of  the  code  authority  was  not  clear 
tonight,  although  preliminary  study 
of  the  NRA  code  indicated  so  in  the 
minds  of  many  codifiers.  In  cases 
of  absence,  resignation,  death,  in- 
eligibility or  incapacity  of  a  member 
of  the  code  authority,  an  alternate 
of  the  same  division  of  the  industry 
as  the  defunct  member,  and  designated 
by  such  member  himself,  shall  sub- 
stitute, it  is  provided,  although  the 
code  authority  retains  the  right  to  re- 
ject any  such  alternate  and  to  require 
the  naming  of  another  in  his  place. 

To  "Promote  Harmony" 

This  is  identified  as  a  new  pro- 
vision of  the  code.  New  also  is  Clause 
5  which  gives  the  code  authority  the 
right  "from  time  to  time"  to  appoint 
:ommittees  not  necessarily  drawn  from 
the  authorized  personnel  of  the  code 
authority  itself,  for  the  purpose  of 
"promoting  joint  and  harmonious  ac- 
tion upon  matters  of  common  inter- 
est," but  what  these  interests  may  be 
is  left  to  speculation. 

The  code  authority  will  be  em- 
powered to  collect  from  the  industry 
any  data  or  statistics  required  and  to 
compile  and  disseminate  summaries 
among  industry  members  as  code  au- 
thority members  may  prescribe,  but 
such  data  from  any  one  member  is 
not  to  be  revealed  to  any  other.  It 
is  held,  however,  that  summaries  are 


Adherence  to  Code  of  Ethics 

Pledged  Again  in  Article  6 

Washington,  Oct.  4.— Although  making  no  specific  mention  of 
the  Hays  code  of  production  ethics,  an  indication  that  the  NRA 
IS  for  its  continuance  is  seen  in  the  provisions  of  Article  6  of  the 
code  submitted  today  by  Deputy  NRA  Administrator  Sol  A.  Ro- 
senblatt.    The  article  reads: 

"The  industry  pledges  its  combined  strength  to  maintain  right 
moral  standards  in  the  production  of  motion  pictures  as  a  form 
of  entertainment.  To  that  end  the  industry  pledges  itself  to  ad- 
here to  the  regulations  promulgated  by  and  within  the  industry 
to  assure  the  attainment  of  such  purpose." 


NRA  Can  Legislate  a  Code 
By  Presidential  Signature 

Washington,  Oct.  4. — It  may  be  known  and  again  it  may  not,  but 
under  the  provisions  of  the  NRA  codes  may  be  written  and  enacted  for 
industry  by  Presidential  signature  regardless  of  whether  or  not  industry 
itself  approves. 

Once  a  code  is  signed  by  President  Roosevelt,  it  is  a  law  and  becomes 
compulsory  upon  the  industry  for  which  it  has  been  designed.  This 
vitiates  the  impression  prevalent  in  the  mind  of  B.  B.  Kahane,  Radio 
president,  who  told  a  Motion  Picture  Daily  reporter  in  Albuquerque 
Monday  night  that  Administration  intervention  in  the  preparation  and 
adoption  of  a  code  for  the  film  industry  must  have  the  agreement  of  the 
industry  itself. 

There  is  nothing  in  the  text  of  the  National  Industrial  Recovery  Act 
to  compel  this  or  any  other  industry  to  sign  a  code.  The  question  of  de- 
fying the  Blue  Eagle  and  public  opinion  is,  however,  something  else 
again.  Henry  Ford's  refusal  to  sign  the  motor  code  resulted  in  refusal 
of  a  number  of  state  governments  to  use  his  machines  on  official  busi- 
ness. In  Mississippi,  according  to  reports  current  here,  over  300  orders 
for   Fords  have  been  cancelled  to  date. 

The  NRA  has,  too,  a  powerful  weapon  in  its  possession,  about  which 
little  has  been  said  and  no  use  made  so  far.  This  is  the  licensing  provi- 
sion of  the  act  which  vests  in  the  President  not  only  the  power  of  li- 
censing business  but  also  of  revoking  permits  which  automatically  would 
put  a  company  out  of  business.  The  Administration  has  been  loath  about 
using  this  power  and  probably  would  not  except  in  the  most  extreme  of 
circumstances. 

Under  the  law,  there  is  a  penalty  proviso  for  violations  as  well.  It 
entails  a  $500  fine  for  the  first  offense  and  a  like  sum  every  day  of  of- 
fense  thereafter. 


not  to  be  considered  as  disclosures. 

The  code  authority  will  have  the 
right  to  make  mdependent  investiga- 
tions of  alleged  violations  and  to  that 
end  may  "call  upon  any  persons, 
firms  or  corporations  to  furnish  all 
original  books,  contracts,  documents, 
records  and  any  other  data."  Failure 
to  comply  constitutes  a  code  violation. 

Complaints  from  any  source,  it  is 
indicated,  will  prove  sufficient  reason 
for  instituting  an  investigation.  Ex- 
penses of  the  code  authority  are  to 
be  budgeted  and  "fairly  allocated" 
among  the  three  major  divisions  of 
the  industry  and  assessed  against  re- 
spective members  in  a  manner  to  be 
determined  by  the  code  authority.  No 
method  is  determined  by  the  code 
itself  and  none  has  been  suggested 
as  yet. 


RKO  After  Exteriors 

Washington,  Oct.  4. — RKO  is 
sending  a  unit  here  to  shoot  scenes 
around  Fort  Myers  for  "Rodney."  In- 
cluded are  Walter  Huston  and  Fran- 
cess  Dee.  George  Archainbaud  is  di- 
recting. 


K,  C,  Independents 
Write  Roosevelt 

(Continued  from  page   1) 

and  Gen.  Hugh  S.  Johnson,  NRA 
administrator,  stating  that  small  ex- 
hibitors could  not  stand  the  additional 
expense. 

Local  independents  were  urged  to 
write  to  Washington  by  Jay  Means, 
association  president.  It  is  understood 
exhibitors  in  other  cities  are  doing  the 
same,  and  that  letters  deal  also  with 
other  code  matters,  in  addition  to  la- 
bor demands.  One  subject  mentioned 
is  the  right  to  buy. 


Radio  Switches  Stars 

Hollywood,  Oct.  4. — The  proposed 
Katharine  Hepburn-John  Barrymore 
co-starring  film,  "Break  of  Hearts," 
has  been  postponed  and  the  stars  will 
begin  early  next  week  in  individual 
vehicles  for  Radio. 

Miss  Hepburn  has  been  assigned  to 
"Trigger"  under  the  direction  of  John 
Cromwell,  while  Barrymore  will  star 
in  "Long  Lost  Father." 


Star  Salary 
Fixing  Body 
Is  Expected 


(.Continued  from   page    1) 

cently  by  Rosenblatt  that  limitations 
of  excessive  star  salaries  represented 
a  point  on  which  the  Administration 
looked  with  favor.  The  deputy  ad- 
ministrator has  gone  on  record  sev- 
eral times  with  denials  that  a  salary 
control  board  was  in  contemplation, 
and  last  Thursday  he  heatedly  de- 
clared any  talk  of  trimming  Holly- 
wood salaries  was  "inspired  propa- 
ganda." 

Article  9,  which  will  add  teeth  to 
the  restrictions  against  agents,  is  re- 
ported well  along,  although  no  draft 
has  been  submitted  to  Rosenblatt. 
Aside  from  these  two  clauses  and  the 
fact  that  the  personnel  of  the  code 
authority  has  not  been  completed,  the 
code  which  he  made  public  early  this 
evening  is  complete  from  the  viewpoint 
of   the   NRA. 


'Tootlight  Parade'' 
Given  Big  Opening 

"Footlight  Parade"  opened  at  the 
Strand  last  night  amid  a  blare  that 
required  police  reserves.  The  usual 
crowd  gathered  for  the  first  show, 
which  began  shortly  after  8  o'clock, 
and  stayed  for  the  second  show.  Be- 
fore this  started  Broadway  was 
jammed. 

A  battery  of  16  arc  lights,  a  bicycle 
parade,  a  group  of  girls  in  the  lobby 
dressed  as  policemen,  and  a  ton  of 
confetti  that  sprayed  down  from  the 
marquee  were  among  the  exploitation 
stunts.  Busby  Berkeley  made  a 
speech  after  the  first  show. 


Radio  to  Put  Five 
In  Work  on  Monday 

Hollywood,  Oct.  4. — Radio  will  put 
five  pictures  into  production  next  Mon- 
day. 

They  are  "Hips  Hips  Hooray," 
"Little  Wild  Birds,"  "Rodney," 
"Triggers"  and  "Long  Lost  Father." 
With  the  new  films,  the  first  of  the 
week  will  find  seven  in  work.  "Man 
of  Two  Worlds"  and  "Flying  Down 
to   Rio"   are   now    filming. 


Gaumont  to  Sell  'Waltzes' 

Direct  distribution  of  "Waltz 
Time"  is  to  be  undertaken  by  Gau- 
mont-British  Corp.  of  America,  ac- 
cording to  Arthur  A.  Lee,  executive 
vice-president.  Heretofore  the  com- 
pany's product  has  been  handled 
through    American    distributors. 


Hooley  Quits  Warners 

Pittsburgh,  Oct.  4. — Jack  Hooley, 
for  the  last  17  years  manager  of  the 
Sheridan  Square  in  East  Liberty,  has 
resigned.  Reports  have  it  that  Hooley 
will  line  up  with  the  newly-organized 
Hkrris  circuit. 

His  successor  at  the  Sheridan 
Square  has  not  yet  been  named. 


12 


MOTION  PICTURE 

DAILY 


Thursday.  October  5.   1933 


Hollywood 
Personals 


Hollywood,   Oct.   4 

CL.\UDE  Rains,  London  and  New- 
York  stage  star,  has  completed 
work  in  Universal's  "Invisible  Alan" 
and  has  gone  to  New  York.  He  will 
return  alter  a  visit  at  his  home  in 
Lambertville,  N.  J.,  to  do  the  lead  in 
"The  Man  Who  Reclaimed  His 
Head." 

Edmund  J.  Holden,  who  yodels 
Japanese  dialect  over  the  ether,  has 
been  signed  by  Paramount  to  write 
Japanese  dialogue  for  an  Oriental 
character  in  "The  Y'odeler."  Holden 
will  also  assist  on  direction  (Para- 
mount). 

Ken  Maynard  combines  business 
with  pleasure  by  trekking  to  the  moun- 
tains lor  a  deer  hunt  and  remaining 
there  where  his  company  will  join  him 
in  a  week. 

Sally  Eiler's  next  assignment  for 
Fox  is  opposite  George  O'Brien  in 
"Heir  to  the  Horrah,"  if  the  actress 
can  get   together   with  the   studio. 

Theodor  Lodi,  Alice  Ardell, 
Jack  Barty  and  Charlie  Rogers  join 
the  Wakefield-Nelson  all-star  cast  of 
"The  Busted  Betrothal"    (Roach). 

Barbara  Kent,  Donald  Dillaway 
and  Phyllis  Barry  have  leading 
roles  in  "Alarriage  on  Approval" 
(Monarch). 

J.  M.  Kerrigan  and  Joe  Barton 
are  additions  to  the  cast  of  "Pard- 
ners,"  the  Will  James  story.  (Para- 
mount.) 

The  Irene  Dunne-Clive  Brook  ve- 
hicle, "Behold  We  Live"  has  been 
changed  to  "If  I  Were  Free." 
(Radio.) 

John  Blystone,  who  just  returned 
from  Europe,  gets  the  megaphone  job 
on  "Coming-Out  Party."  (Lasky- 
Fox.) 

Chief  Standing  Bear  has  a  part 
in  "Massacre,"  besides  acting  as  tech- 
nical adviser  on  the  film    (Warn°"- 

Charles  Grapewin  has  been 
spotted  in  "Little  Wild  Birds,"  fea- 
turing Dorothy  Jordan.   (Radio.) 

Steffi  Duna,  European  stage  ac- 
tress, has  been  signed  by  Radio  to  play 
in  "Man  of  Two  Worlds." 

Jane  Murfin  is  collaborating  with 
Lulu  Vollmer  on  the  screen  play 
of  "Trigger."  (Radio.) 

Irene  Dunne  grabs  the  featured 
role  in  "Her  Excellency,  the  Gov- 
ernor"   (Radio). 

Alan  Dinehart  added  to  the  cast 
of  "Cross  Country  Cruise"  (Univer- 
sal). 

Judith  Allen  signed  to  a  new 
long-term  contract  by   Paramount. 

Mark  Sandrich  has  been  signed  to 
a  new  contract  by  Radio. 

Joseph  Schildkraut  goes  into 
"Viva  Villa"    (M-G-M). 

Earle  Fox  joins  the  cast  of  "Bed- 
side."  (Radio.) 


Sand  for  the  Girls 

Kansas  City,  Oct.  4.— The 
fair  ones  in  Kansas  City  are 
saying  John  McManus,  man- 
ager of  Loew's  Midland,  had 
a  lot  of  "sand"  to  put  over 
the  newest  recipe  for  facial 
beauty.  Prior  to  the  opening 
of  "Beauty  for  Sale,"  McMa- 
nus had  girls  on  the  street 
handing  out  10,000  sachets 
containing   common   sand. 

Imprinted  were  these  in- 
structions: "This  envelope 
contains  'Beauty  Sand' — open 
this  only  in  the  sanctity  of 
your  boudoir.  Place  a  few 
grains  of  "Beauty  Sand'  in 
your  left  hand,  look  in  the 
mirror  over  your  right  shoul- 
der each  night  for  three  con- 
secutive nights  prior  to  see- 
ing Beauty  for  Sale,'  at 
Loew's  Midland.  The  results 
will  amaze  you." 


Glory,"  Portland 
Holdover,  $4,000 


Portland,  Oct.  4.— In  its  second 
week  at  Hamrick's  Music  Box, 
"Morning  Glory"  again  went  $1,000 
over  average  with  an  intake  of  $4,000 
and  was  transferred  to  Hamrick's  Ori- 
ental for  a  third  week.  "Penthouse," 
at  the  Broadway,  went  slightly  over 
average.  Disney's  "Three  Little 
Pigs"  scored  and  for  first  time  a  short 
offering  was  held  a  second  week. 

Total  first  run  business  was  $20,500. 
Average  is  $17,800. 

Estimated  takings  for  the  week  end- 
ing Sept.  30: 

"MORNING    GLORY"    (Radio) 

HAMRICK'S  MUSIC  BOX— (2,000),  25c- 
35c-40c,  7  days,  2nd  week.  Gross:  $4,000. 
(Average,   $3,000.) 

"HEAD    LINE    SHOOTER"    (Radio) 

HAMRICK'S     ORIENTAL— (2,040),     25c- 
35c,  7  days.  Gross:  $2,000.   (Average,  $2,000.) 
"PENTHOUSE"    (M-G-M) 

BROADWAY— (1,912),  25c-35c-40c,  7  days. 
Gross:    $6,500.    (Average,    $6,000.) 

"I  LOVED  A  WOMAN"  (F.  N.) 

UNITED  ARTISTS— (945),  25c-35c-40c,  7 
days.    Gross:    $5,500.    (Average,    $5,000.) 

"TARZAN,    THE    FEARLESS"    (Prin.) 

LIBERTY— (1,800),  25c-35c-40c,  7  days. 
V'audeville.    Gross:  $2,500.   (Average,  $1,800.) 


Ten  Sign  for  RCA  Sound 

Ten  new  installations  of  RCA 
Victor  High  Fidelity  reproducers 
have  been  signed  for  in  the  last  few 
days.  Three  are  B.  &  K.  houses,  the 
Luna  at  Kankakee,  the  Rialto  in 
Kewanee,  and  the  LaSalle  in  LaSalle, 
Michigan ;  one  is  in  the  Met,  Phila- 
delphia; and  the  others  are:  Gotham, 
138th  St.  and  Broadway,  New  York; 
Orpheum,  Memphis ;  Metro,  Durant, 
and  Queen,  Big  Springs,  Oklahoma ; 
Ardmore,  a  Roberts  house,  Chicago, 
and   Hunt's   Century,  Audubon,   N.  J. 


Erpi  Closes  Reade  Deal 

C.  W.  Bunn,  general  sales  manager 
for  Erpi,  has  just  closed  deals  for  18 
installations  of  Wide  Range  sound 
in  Walter  Reade  houses.  They  are : 
Mayfair,  Paramount,  Rialto,  St. 
James  and  Lyric  in  Asbury  Park ; 
Strand,  Freehold,  N.  J. ;  Strand  and 
Paramount,  Long  Branch,  N.  J. ; 
Crescent,  Majestic  and  Strand,  Perth 
Amboy,  N.  j. ;  Oxford,  Strand  and 
Paramount,  Plainfield,  N.  J. ;  Carlton, 
Red  Bank,  N.  J. ;  Savoy,  New  York, 
and  the  Broadway  and  Kingston, 
Kingston,   N.   Y. 


"Moment"  Is 
Detroit  Hit 
With  $13,400 


Detroit,  Oct.  4. — "Brief  Moment" 
piled  up  the  most  satisfactory  gross  in 
town  last  week,  $13,400,  above  par  at 
the  Downtown  by  $3,400.  "Strike  Me 
Pink"  on  the  stage  helped. 

"Shanghai  Aladness,"  aided  by  a 
stage  show  at  the  Fox,  was  also  a 
prize-winner  with  a  take  of  $17,300, 
above  normal  by  $2,300. 

Elsewhere  business  was  just  fair. 
Total  first  run  business  for  the  week 
was  $67,700.    Average  is  $77,000. 

Estimated  takings  for  the  week  end- 
ing Sept.  28 : 

"BRIEF   MOMENT"   (Col.) 

DOWNTOWN— (2,750),  25c-50c,  7  days. 
Stage:  "Strike  Me  Pink."  Gross:  $13,400. 
(Average,    $10,000.) 

"PENTHOUSE"  (M-G-M) 

FISHER— (2,975),  15c-40c,  7  days.  Gross: 
$6,2C0,     (Average,    $10,000.) 

"SHANGHAI    MADNESS"     (Fox) 

FOX— (5,100),  15-50C,  7  days.  Stage: 
Marcus  Show.  Gross:  $17,300.  (Average, 
$15,000.) 

"LADIES    MUST   LOVE"    (Univ.) 

MICHIGAN— (4,100),  25c-75c,  7  days. 
Stage:  Ted  Lewis,  Doris  Dean,  Dixie  Four, 
Carroll  &  Shalita.  Gross:  $19,100.  (Average, 
$20,000.) 

"I   LOVED   A  WOMAN"    (Warners) 

UNITED     ARTISTS— (2,070),     25c-50c,     7 
days.    Gross:    $7,300.    (Average,    $10,000.) 
"TO    THE    LAST    MAN"    (Para.) 

STATE— (3,000),  25c-50c,  7  days.  Gross: 
$4,400.    (Average,    $10,000.) 


Baltimore  Negroes 
Protest  on  ** Jones'' 

Baltimore,  Oct.  4.  —  "Emperor 
Jones"  came  in  for  large  editorial 
publicity  on  the  front  page  of  the 
Afro-American,  colored  newspaper 
published  here,  the  other  day  when 
the  headlines  proclaimed  the  dialogue 
insulting  to  the  colored  race. 

Bill  Zelko,  who  manages  the  Har- 
lem, big  colored  house  in  the  west  end 
for  J.  Louis  Rome,  was  mentioned 
in  black  type  at  the  head  of  the  story 
as  saying  he  would  be  glad  to  delete 
any  dialogue  considered  objectionable 
to  the  colored  race  if  the  producing 
company  would  permit  him  to  do  so. 

The  picture,  meantime,  was  show- 
ing at  Keith's  first  run  downtown 
house,  and  Zelko  arranged  a  midnight 
preview  for  the  heads  of  colored  pub- 
lic schools,  churches,  lodges,  etc.,  and 
cooperation  was  promised  him  in  ex- 
ploiting the  production  provided  he 
w;ould  eliminate  those  parts  of  the 
dialogue  considered  offensive  to  the 
colored  race. 


Inquiry  into 
C.B.S.-Para. 
Deal  Blocked 


(.Continued  from   pane    1 ) 

to  establish  what  disposition  Para- 
mount had  made  of  some  $4,000,000 
received  for  Columbia  Broadcasting 
stock  sold  to  William  F.  Paley,  presi- 
dent of  C.  B.  S.,  when  Paramount 
relitiquished  its  interest  in  the  broad- 
casting company. 

Kohn  testified  last  spring  that  Para- 
mount acquired  its  half  interest  in 
Columbia  by  purchasing  63,250  shares 
'of  its  stock  for  $5,200,000.  It  was 
later  disixjsed  of  by  selling  to  Paley 
all  but  14,156  shares  for  $4,036,140. 
Zirn's  questioning  yesterday,  punctu- 
ated by  frequent  bickering  with  other 
attorneys,  the  witness  and  the  referee, 
resulted  in  developing  little  evidence 
of  a  new  nature.  The  attorney  was 
frequently  reprimanded  and  instructed 
by   Referee  Davis. 

Attempts  Questioning  Kohn 

Zirn  attempted  to  question  Kohn  on 
bonuses  paid  to  Paramount  executives 
during  1927  and  1928;  the  bonuses  paid 
Adolph  Zukor,  Jesse  L.  Lasky,  Sid- 
ney R.  Kent,  Sam  Katz  and  Kohn 
during  1929,  '30  and  '31  having  been 
revealed  at  earlier  examinations. 
Kohn  told  the  attorney  he  did  not 
have  the  figures  at  hand  but  would  be 
"glad  to   furnish  them." 

Zirn  did  not  request  the  figures  for 
a  later  meeting,  but  asked  Kohn  if 
he  could  "guess  within  $50,000"  what 
his  own  bonus  in  those  years  had  been. 
The  question  was  ruled  out  by  the 
referee. 

The  examination  was  adjourned  to 
Oct.   11. 


Phila.  Met  Open  Oct,  13 

Philadelphia,  Oct.  4.— The  Met 
Theatre — formerly  the  Metropolitan 
Opera  House — will  be  reopened  Oct. 
13  by  the  Met  Amusement  Co.,  a 
partnership  of  the  Philadelphia  Shrine, 
owners  of  the  house,  and  Harry 
Schwable,  veteran  exhibitor.  The 
policy  will  be  second  run  Fox  films 
and  vaudeville.  Edgar  Wolfe  will  be 
house  manager. 


Lasky  After  Holman 

Hollywood,  Oct.  4. — Jesse  L.  Lasky 
is  negotiating  with  Libby  Holman  to 
sing  a  torch  song  in  "I  Am  Suzanne." 

Fox  studio  song  writers  have  penned 
a  ditty  titled  "Oh,  How  I've  Sinned," 
in  case  the  deal   is  closed. 


Attention  to  Picture  Producersl 

Eddie  Garr 

Available  for   Pictures 

NOW— Loew's  State,  N.  Y.  C— NOW 


MANAGEMENT 
Harry  Young— Bond   Bldg.,  N.  Y.  C. 
Phil  Offin — Simon  Agency 


L 


The  Leading 
Daily 

^Newspaper 
of  the' 
Motion 
Picture 
Industry 


J 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  82 


NEW  YORK,  FRIDAY,  OCTOBER  6,  1933 


TEN   CENTS 


Revamping  of 
Publix  Units 
Gets  Approval 

Blank,     Hoblitzelle    and 
Perry  to  Head  Each 

Reorganization  of  three  important 
Publix  Enterprises,  Inc.,  units  neared 
completion  yesterday  when  Referee 
Henry  K.  Davis  approved  a  petition 
of  the  trustee  to  form  new  corpora- 
tions for  the  theatres  operated  by 
A.  H.  Blank  in  Iowa  and  Nebraska, 
Karl  Hoblitzelle  in  Texas  and 
Hunter  Perry  in  Virginia  and 
Tennessee. 

In  the  reorganization  of  the  Ne- 
braska-Iowa situation,  the  trustee 
will  receive  a  large  sum  in  cash,  and 
will  retain  one-half  of  the  newly  is- 
sued common  stock.  Blank  is  to  con- 
tribute $25,000  toward  forming  the 
corporation,  and  will  receive  a  por- 
tion of  the  common  stock.  In  addi- 
tion, Blank  is  to  manage  the  theatres 
{Continued  on  page  16) 

New  Deal  for  Roxy 
Is  Seen  by  Spring 

^Reorganization  of  Roxy  Theatre 
fCorp.  and  lifting  of  the  house  out  of 
receivership  is  expected  before  next 
•spring.  When  this  happens,  Harry 
Arthur,  in  all  probability,  will  take 
over  the  house  as  one  of  the  links  in 
his   eastern  circuit. 

Ever  since   Co-Art   Theatre   Corp., 
represented  by  Arthur  and  Irving  Les- 
ser,   entered    into    an    operating    deal 
{Continued  on  page  16) 


New  Lineup  of  FWC 
By  Jan.  1  Planned 

Reorganization  of  Fox  West  Coast 
circuit  by  Jan.  1,  1934,  and  the  re- 
tention of  the  Skouras  Brothers  as 
operators,  is  understood  the  purpose 
of  Charles  Skouras'  trip  to  New 
York.  He  is  believed  to  be  confer- 
ring with  his  brother,  Spyros,  and 
Chase  National  Bank  representatives 
on  the  new  setup  for  the  west  coast 
string. 


Split  in  Code  Parley; 

Ind'p'ts  Battle  Majors 


Labor  Terms 
Start  Heated 
Discussions 


Washington,  Oct  5. — The  exhibi- 
tion committee,  shorn  of  many  of  its 
members  by  the  withdrawal  of  Allied, 
the  Independent  Theatre  Owners' 
Ass'n  and  the  Theatre  Owners' 
Chamber  of  Commerce  from  the  de- 
liberations, late  tonight  was  arguing 
back  and  forth  with  Abner  Rubien, 
attorney  for  the  I.A.T.S.E.,  on 
changes  in  labor  provisions  of  the 
NRA  draft  submitted  by  Deputy  NRA 
Administrator  Sol.  A.  Rosenblatt, 
Wednesday. 

Final  adoption  of  the  labor  clause, 
as  presented  by  the  NRA,  is  now 
regarded  as  remote.  Exhibitors  re- 
sent and  propose  battling  to  a  finish 
the  proposal  setting  up  the  I.A.T.S.E 

-     (Continued  on   page   6) 


Go  for  M.  P.  Daily 

Washington,  Oct.  5. — Dis- 
tribution of  Motion  Picture 
Daily  at  a  meeting  of  inde- 
pendent producers,  distribu- 
tors and  exhibitors  who  with- 
drew from  the  code  parleys 
late  today  almost  halted  pro- 
ceedings. When  copies  were 
deposited  at  the  entrance  to 
the  Chinese  room  of  the 
Mayflower  a  football  forma- 
tion made  a  rush  for  them. 


** Diggers"  Argument 
Ended  on  35%  Deal 

With  the  settlement  of  differences 
between  Warners  and  the  M.P.T.O. 
of  Eastern  Pennsylvania,  Southern 
New  Jersey  and  Delaware  and  the 
I.T.O.A  on  percentage  terms  for 
(Continued  on  page  16) 


Lesser  Will  Set  Up 
European  Branches 

Hollywood,  Oct.  5. — With  the  ap- 
pointment of  Louis  Hyman  as  sales 
manager  for  Principal  Distributing 
Corp.  in  the  U.  S.  and  Canada,  Sol 
Lesser,  president,  leaves  for  the  east 
tomorrow  and  sails  for  Europe  on  the 
He  de  France  on  Oct.  14.  He  ex- 
pects to  be  away  two  months  to  set 
up  international  distribution  deals  on 
(Continued  on  page  11) 


Legal  Phase 
Of  Star  Pay 
Cuts  a  Worry 


Washington,  Oct.  5. — Would  any 
effort  to  fix  salaries  as  it  is  understood 
to  be  advanced  in  the  troublesome 
Article  10  of  the  producers'  code,  hold 
up  legally? 

This  is  the  question  on  which  execu- 
tives of  M.P.P.D.A.  member  com- 
panies are  reported  to  be  in  disagree- 
ment and  which  is  believed  to  explain 
why  the  draft  has  not  yet  been  com- 
pleted Harry  M,  Warner,  president 
of  Warners,  is  in  the  vanguard  of 
those  who  favor  a  salary  fixing  com- 
mission,  according   to   inside   reports. 

(Continued  on  page  11) 


Dissatisfied    with    NRA 

Draft  and  Withdraw; 

Now  Organizing 

By  RED  KANN 

Washington,  Oct.  5. — The 
code  parleys  split  wide  open  to- 
day. 

A  battle  which  tonight  ap- 
peared more  intensive  and  more 
bitter  than  any  which  has  thus 
far  marked  the  tumultuous  ses- 
sions since  the  codifiers  gathered 
from  all  over  the  nation  marched 
on  the  Capital  for  the  public 
hearing  on  Sept.  12  began  to 
break  when  independent  produc- 
ers and  distributors  represented 
by  the  Federation  of  the  M.  P. 
Industry  and  the  Independent 
M.  P.  Producers'  and  Distribu- 
tors' Ass'n,  and  independent  ex- 
hibitors represented  chiefly  by 
Allied  Independent  Theatre 
Owners'  Ass'n,  and  the  Theatre 
Owners'  Chamber  of  Commerce 
of  New  York  informed  Deputy 
NRA  Administrator  SoJ  A. 
Rosenblatt  of  their  withdrawal 
from  the  code  deliberations. 

Thus  it  was  that  the  fireworks  fore- 
cast  in  Motion   Picture  Daily  this 

(Continued  on  page   3) 


No  Grievance  Board  Help  for 

Non-Signers,  Says  Rosenblatt 

Washington,  Oct.  5. — Exhibitor  organizations  which  fail  to  sign 
the  code  will  be  bereft  of  the  advantages  of  local  grievance  boards 
and  code  authority,  Deputy  NRA  Administrator  Sol  A.  Rosenblatt 
stated  today  in  commenting  upon  the  withdrawal  of  the  Allied 
Independent  Theatre  Owners'  Ass'n  and  the  T.O.C.C.  from  the 
parleys. 

Taking  cognizance  of  their  statements  that  nothing  in  the 
NRA  can  compel  signatures  to  this  or  any  other  code,  Rosenblatt 
further  inferred  that  despite  their  failure  to  affix  their  signatures 
objecting  exhibitors  will  retain  their  Blue  Eagles  if  they  live 
up  to  the  terms  of  whatever  code  is  finally  adopted. 

The  explanation  for  the  independents'  defection  is  that  they 
failed  to  show  up  at  the  exhibitor  conference  this  morning  be- 
cause they  wanted  to  submit  their  objections  to  the  NRA  code 
draft  in  writing. 


O'Reilly  Move  May 
Realign  Authority 

Washington,  Oct.  5. — What  will 
be  the  effect  on  the  code  authority 
set-up  of  Charles  L.  O'Reilly's  walk- 
out on  the  NRA  and  the  code  and  his 
joining  forces  with  AU'ed,  L  T.  O-  A. 
and  scattered  independents  is  caus- 
ing considerable  speculation  here  to- 
night.     O'Reilly,   whq   was   exhibitor 

(Coiitimtrd  on  page   6) 


New  Code  Disturbs 
Cameramen's  Union 

Hollywood,  Oct.  5. — The  Camera- 
men's Union  is  in  a  state  of  excite- 
ment over  what  its  members  charge  is 
a  cleverly  worded  evasion  of  the  prin- 
ciples at  issue  in  the  code  submitted 
by  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt.  An  attempt  is  to  be 
made  tonight  to  devise  a  way  of  pro- 
testing. 


MOTION  PICTURE 

DAILY 


Friday.  October  6.   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Fortnerly    Exhibitors    Daily    Review 

at%d    Motion    Pictures    Today 


Vol.   34 


October   6,    1933 


No.  82 


Martin  Quigley 

Editor-in-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^<SJ\,  PUBLISHED  daily,  except  Sunday 
f  jl  J  and  holidays,  by  Motion  Picture 
V*|y  Daily,   Inc.,  a  Quigley  Publication, 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  CUnord. 
Manager.  „,,,,, 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37.  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the     hj  b  ^ 
Post  Office  at  New  York  City,  v^^  '*-^. 
N.  Y.,  under  Act  of  March  3, 
1879. 

Subscription   rates   per   year: 
$6     in     the     Americas,     except     .^   ^ 
Canada;     Canada    and    foreign    yntwntan 
$15.      Single   copies:    10   cents. 


To  Dine  Marie  Dressier 

Mafie  Dressier  will  be  honored  at 
a  dinner  to  be  given  by  the  Actors' 
Dinner  Club  at  the  Hotel  Roosevelt 
next  Tuesday.  The  affair  is  being 
sponsored  by  a  committee  headed  by 
Mrs.  Oliver  Harriman.  Others  on  the 
committee  are  Samuel  L.  Rothafel,  A. 
C.  Blumenthal,  Nicholas  M.  Schenck, 
Irvin  S.  Cobb,  Bernarr  Macfadden, 
Gen.  John  F.  O'Ryan,  George  Gordon 
Battle  and  Frank  L.  Polk,  former 
Secretary  of  State. 


Washington,  Oct.  5.  —  Marie 
Dressier  will  be  the  guest  of  Presi- 
dent and  Mrs.  Roosevelt  tomorrow. 


Gaiety  Lease  Extended 

Fox  has  extended  its  lease  on  the 
Gaiety  as  a  result  of  the  business  done 
by  "Berkeley  Square."  The  plan  had 
been  to  turn  the  house  back  some  time 
next  Week  after  the  run  of  the  three 
specials,  "Pilgrimage,"  "The  Power 
and  the  Glory"  and  "Berkeley 
Square,"  but,  satisfied  with  the  results. 
Fox  has  decided  to  hold  the  house 
indefinitely. 


Meyer  sNew  Comedy  Head 

Hollywood,  Oct.  5. — Zion  Meyers 
has  been  placed  in  complete  charge 
of  all  comedy  production  at  Colum- 
bia Studios. 

Rollie  Asher  will  act  as  general  as- 
sistant  on   story   and   production. 


BEN  BLUE 

Starring  In  Series 

WARNER  BROS. 
SHORTS 


Produced  by 
SAM  SAX 


Directed   by 
RALPH  STAUB 


Difctioui    LEO    MORRISON 


Hollywood 
Personals 


Hollyzivod,   Oct.   5 

EDWARD  SUTHERLAND'S  next 
Paramount      directorial      assign- 
ment will  be  "Funny   Page." 

Charles  R.  Rogers  has  handed 
Dorothy  Wilson,  formerly  a  sten- 
ographer on  the  Radio  lot,  a  seven- 
year  contract.  Her  first  will  be  in 
■'Eight    Girls    in   a    Boat."    (Para.) 

Jean  Connors,  winner  of  the  recent 
RKO  theatres  beauty  contest  in  New 
York,  has  been  given  a  contract  by 
Radio  and  may  go  into  "Blonde 
Poison." 

George  O'Brien  and  his  wife 
(Margaret  Churchill)  are  plan- 
ning a  trip  to  Italy  following  com- 
pletion of  "Frontier  Marshall"  (Fox). 

Earl     Carroll's     "Vanities"  has 

been    bought    by    Paramount.  The 

legitimate    producer    will    come  west 
and  assist  in  the  production. 

Harriet  Lake,  musical  comedy 
actress,  is  now  under  contract  to  Co- 
lumbia. Her  first  will  be  "Let's  Fall 
in  Love." 

Frank  Dolan's  "To  the  Victor" 
has  been  bought  by  M-G-M.  Dolan 
will  work  on  the  script. 

Herbert  Munwn  and  Sally  Eilers 
will  get  the  leads  in  "Heir  to  the 
Hoorah"    (Fox). 

Lee  Tracy  get  his  sixth  journal- 
istic role  in  "Advice  to  the  Lovelorn" 
(20th   Century). 

Marion  Gering  is  back  on  the 
Paramount  lot  after  a  European  va- 
cation. 

Taylor  Holmes  has  been  signed 
by  Educational  for  "What  a  Wife!" 

Judith  Allen  is  emoting  in  "The 
Thundering  Herd"   for   Paramount. 

Monte  Blue  has  been  cast  in  "The 
Thundering  Herd."   (Para.) 

John  Cromwell  has  been  given  a 
new    Columbia    contract. 


Chevalier  on  10% 

Washington,  Oct.  5. — 
Maurice  Chevalier's  one-pic- 
ture deal  with  M-G-M  calls 
for  a  flat  10  per  cent  of  the 
world's  gross  on  the  "Merry 
Widow,"  which,  the  company 
anticipates,  may  hit  $4,000,- 
000.  The  picture  is  planned 
in   English  and  French. 

This  is  believed  here  to  be 
a  record  deal.  If  the  antici- 
pated take  materializes.  Che- 
valier's end  will  be  $400,000. 


Einfefld  Names  Kennedy 

A.  J.  Kennedy,  working  out  of  the 
Warner  Seattle  branch  under  N.  H. 
Brower,  has  been  added  to  S.  Charles 
Einfeld's  national  exploitation  staff. 
His  job  will  be  to  cooperate  with  ex- 
hibitors in  key  situations  on  the  west 
coast.  Sam  Clark  has  a  similar  post 
in  the  midwest  operating  out  of  Chi- 
cago and  Carl  Leserman  and  Allen 
Glenn  handle  the  southwest  out  of 
Dallas. 


Moray  in  N  E.  Deals 

Norman  H.  Moray,  Vitaphone  sales 
manager,  is  back  from  a  New  Eng- 
land trip  with  two  new  circuit  deals 
set — one  with  the  Pinansky-Mullins 
houses  in  70  spots,  and  the  Interstate 
Circuit  in  10  towns.  Tom  Spry,  War- 
ner Boston  manager,  sat  in  on  the 
deals. 


Claim  Rivoli  Record 

United  Artists  claims  a  new  one-day 
attendance  record  for  "The  Bowery" 
at  the  Rivoli— 16,000.  During  the  first 
two  hours,  it  is  claimed,  2,750  paid 
admissions    were    chalked    up. 


RKO  to  Have  Straw  Vote 

RKO  theatres  are  going  to  conduct 
a  straw  vote  on  the  mayoralty  by  in- 
stalling ballot  boxes  in  all  the  New 
York  houses.  It  starts  today.  The 
count  will  be  announced  daily. 


M-G-M  Signs  Four 

Hollywood,  Oct.  5. — M-G-M  has 
given  new  long  term  contracts  to 
Charles  Brabin,  director;  John  Mee- 
han  and  Leo  Birinski,  writers,  and 
Ted  Healy,  comedian. 


Net 
Change 

4-  'A 
+  Vs 


+  54 

+  y» 


Most  Issues  Rise  Slightly 

High  L.OW  Close 

Columbia    Pictures,    vtc 25  24!^  24'/^ 

Consolidated     Film     Industries,    pfd 9"^  9Vs          9K 

Eastman    Kodak     80  79'A  79^ 

Fox    Film    "A" 16^  16  16!^ 

Loew's,    Inc 33^  32  3314 

Paramount    Publix     I'A  1V&          IK- 

Pathe    Exchange     I'A  Wa.          ^14 

RKO     9  8}4         8^ 

Warner    Bros S'A  7%          8 

Trading  Light  on  Curb 

High  Low  Close 

General    Theatre    Equipment,    pfd ^  Vs           Vn 

Sentry    Safety    Control     Va  !4            Va 

Technicolor     9^  9;^  9J^ 

Loew's  Jumps  Two  Points 

High  Low  Close 

General    Theatre    Equipment    6s    '40 554  55^          5!^ 

General  Theatre   Equipment   6s   '40,   ctf 4  4             4 

Keith    B,    F,    6s    '46 45  44M  45 

Loew's    6s    '41,    ex   war 86  84  86 

Paramount    Broadway    SV^s    '51 3154  31'/^  3154 

Paramount    F.    L.    6s    '47 34  .•i4  34 

Paramount    Publix    554s    '50 32  32  32 

Warner    Bros.    6s    '39,    wd 4654  45  4654 


-f  54 


Net 
Change 


Sales 

300 

200 
1,100 

600 
2,300 

500 

1,200 

1,200 

20,500 


Sales 

300 

100 

2,400 


Net 
Change      Sales 

-V»  2 

3 

-I-  54  5 

-\-2  9 

1 

1 

1 

+VA  35 


i  Purely     * 
Personal  ► 


CHESTER  HALE  will  interview 
today  a  number  of  girls  who 
vill  be  selected  for  a  series  of  shorts 
he  will   make   for   Fox.  . 

I 

Major  Ernst  Udet,  aviator  appear- 
ing in  "S  O  S  Iceberg,"  has  delayed 
his  departure  for  Europe  until  after 
the  National  Air  Pageant  at  Roose- 
velt  Field   tomorrow   and   Sunday. 

John  Flinn  returned  from  Chi- 
cago earlier  than  he  expected  this 
week  and  that's  the  reason  he  didn't 
preside  at  the  A.  M.  P.  A.  meeting 
yesterday. 

Leon     Schlesinger    left    for    the    • 
coast     yesterday      after      signing     a 
scenario  writer  and  two  animators  for 
"Looney   Tunes"   and   "Merrie   Melo- 
dies." 

Aline  MacMahon  will  end  her 
New  York  vacation  within  a  week 
and  will  return  to  the  coast  to  start 
work  in  "The  World  Changes." 

GiLDA  Gray  and  Olive  Borden, 
former  film  luminaries,  will  appear 
on  the  stage  here  late  this  month  in 
Harry   Delmar's   "Revels." 

Lillian  Roth  has  been  signed  to 
a  term  contract  by  Educational  for  a 
series  of  musicals  to  be  produced  at 
the  Astoria  studios. 

Herman  Wobber  will  make  his 
second  sales  talk  on  the  Kent  Drive 
to  Fox  New  York  exchange  em- 
ployes  tomorrow. 

Rita  Kaufman,  Fox  style  expert, 
is  in  town  looking  for  new  creations 
for  Jesse  L.  Lasky's  "Coming  Out 
Party." 

Morris  Kinzler  has  two  of  Edgar 
Rice  Burroughs'  books  personally 
autographed  to  him  by  the  "Tarzan" 
creator. 


B.  P.  Schulberg  will  leave  for 
Hollywood  tomorrow  to  resume  work 
as  an  independent  producer  for  Para- 
mount. 

Ed  Wynn  is  not  coming  east  this 
week  as  planned.  He  has  delayed 
his   stay  on   the   coast   indefinitely. 

Jack  Halpern,  former  N.  J.  ex- 
hibitor, has  joined  Crown  M.  P.  Sup- 
ply Co.  in  New  York. 

Harry  Arthur  and  Halsey 
Raines  have  been  fighting  off  colds 
in  the  last  few  days. 

Sol  Lesser  gets  in  next  week  from 
the  coast  and  will  sail  for  Europe 
Oct.   14. 

Phil  Reisman  hied  to  Baltimore 
last  night  and  is  expected  back  today. 

Mike   Marco  leaves  for  the  coast] 
within   the   next   week   or    10  days. 

Charles  Skouras  is  in  town  for  a| 
few  dpys. 

James    Milligan    has   joined   Bill-\ 
board. 


Friday,  October  6,   1933 


MOTION  PICTURE 

DAILY 


Walkout  Sets  Back  Code  Again 


Code  Parley 
Splits  with 
Lines  Drawn 


(Continued   from   page    1) 

morning  began  to  crackle  with  a  ven- 
geance before  the  morning  was  a  few 
hours  old. 

The  meeting  with  the  exhibitors' 
committee  was  scheduled  for  this 
morning  at  10:30.  By  11  o'clock  dele- 
gates and  attorneys  acting  for  Allied, 
the  I.  T.  O.  A.  and  the  T.  O.  C.  C. 
had  not  arrived.  Several  calls  were 
put  through  to  the  Wardman  Park 
where  Allied  maintains  headquarters 
and  word  was  passed  on  that  "some- 
one would  be  along  in  a  few  minutes." 

It  was  not  long  after  when  Tom 
Murray,  who  acted  as  secretary  for 
the  exhibitors'  code  committee  in  New 
York,  reached  the  Mayflower  and  de- 
livered to  Rosenblatt  a  letter  in  which 
the  insurgent  group  declared  it  was 
"astounded  not  alone  by  what  is  con- 
tained therein  (referring  to  the  NRA 
code)  but  equally  so  by  that  which  is 
omitted." 

Protests  Are   Voiced 

Protests  were  voiced  that  the  code 
drafted  by  Rosenblatt  "failed  to  cor- 
rect monopolistic  and  unfair  prac- 
tices, the  existence  of  which  have  been 
readily  admitted." 

At  a  meeting  held  early  this  eve- 
ning the  insurgent  group  appointed 
Charles  L.  O'Reilly  as  chairman,  dis- 
cussed plans  for  a  program,  it  was 
declared,  which  will  include  urgent 
representations  to  be  made  to  Admin- 
istrator Hugh  S.  Johnson  and  to  the 
President  and  recessed  until  10  o'clock 
Friday  morning. 

Tonight  O'Reilly,  who  has  been  a 
constant  champion  of  the  right  to  buy 
of  which  no  mention  is  made  in  the 
NRA  draft,  was  boiling  over  because 
of  what  he  described  as  the  manner 
in  which  independents  had  been  ig- 
nored. "We  propose  to  demonstrate 
that  the  independents  represent  70 
per  cent  of  the  country's  theatres. 
That  means  we  will  have  to  carry  70 
per  cent  of  the  load.  We  are,  there- 
fore, entitled  to  be  heard.  The  group 
that  signed  the  walkout  letter  repre- 
sents between  6,000  and  8,000  theatres 
and  I  say  they  are  privileged  to  as 
much  time  as  the  majors. 

"The  majors  have  been  in  control 
for  15  years.  It's  about  time  we  had 
something  to  say.  We  intend  fighting 
this  thing  through  and  this  means  it's 
the  independents  lined  up  against  the 
majors." 

O'Reilly  Denies  Court  Action 

Asked  what  course  he  intended  pur- 
suing, O'Reilly  denied  court  action  of 
any  kind  was  contemplated.  "Mr. 
Rosenblatt   gave    the   majors    a    week 

;  in  which  to  conform  to  certain  mat- 
ters outlined  by  the  President  of  the 
United  States.  I  think  we  ought  to, 
and  will  get,  the  same  length  of  time 
if  we  need  it,"  he  said. 

j  Abram  F.  Myers,  Mitchell  Klupt, 
Jacob  Schechter  and  Milton  T.  Weis- 
man,  lawyers  all,  have  been  designated 
to    prepare   an   analysis    of   what    the 


Full  of  Gags 

Washington,  Oct.  5. — "Our 
equities  in  the  code  mu'st 
have  been  written  in  with  in- 
delible ink.  By  the  way,  how 
do  you  bring  out  indelible 
ink?  It's  by  applying  the 
heat,  isn't  it?"  asked  H.  M. 
Richey,  general  manager  of 
Allied  of  Michigan  and  one  of 
the  insurgent  exhibitor  group 
which  withdrew  from  code  de- 
liberations today. 

"Well  draw  your  own  con- 
clusions," he   concluded. 

Another  exhibitor  advanced 
as  proof  that  the  withdrawers 
had  been  sent  to  the  cleaners 
the  fact  that  their  own  code 
meeting  had  been  switched 
to  the  Chinese  room  of  the 
Mayflower  at  the  last  minute 
tonight. 


objecting  group  deemed  to  be  "the 
vices  and  shortcomings  of  the  pro- 
posed   code." 

Reports  were  in  circulation  toward 
midnight,  although  closely  held,  that 
this  move  may  result  in  a  coalition 
between  the  independent  cohorts  in  op- 
position to  the  majors,  but  O'Reilly 
denied  such  a  step  was  in  contempla- 
tion. Others  identified  with  the  walk- 
out, however,  intimated  that  this  was 
not   an  improbability. 

The  principal  objections  to  the  code 
in  its  new  forms  are  declared  to  re- 
volve around  restrictions  reputedly  im- 
posed on  the  independents.  .A.  spokes- 
man for  the  group  said  the  representa- 
tion announced  to  be  taken  up  the  line 
to  the  White  House  will  set  forth  that 
independent  small  town  and  neigh- 
borhood houses  face  closing  or  gob- 
bling up  by  the  circuits. 

Text  of  Letter 

The  text  of  the  letter  follows  : 

"The  undersigned  representative 
independent  producers,  distributors 
and  exhibitors  have  read  with  amaze- 
ment the  first  revision  of  the  proposed 
code  for  the  motion  picture  industry 
presented  by  you  yesterday.  We  are 
astounded  not  alone  by  what  is  con- 
tained therein,  but  equally  so  by  that 
which  is  omitted. 

"We  have  given  freely  of  our  time 
and  substance  in  an  effort  to  formu- 
late a  code  which  would  effectuate  the 
policies  of  the  National  Industrial  Re- 
covery Act. 

"We  have  presented  facts  showing 
prevalence  in  the  industry  of  monop- 
olistic and  unfair  practices,  the  exist- 
ence of  whicl?  had  been  readily 
admitted  in  discussions  before  you, 
and  to  which  you  have  frequently  ad- 
verted, and  we  have  been  led  to  believe 
the  Administration  is  cognizant  of 
these  conditions  and  of  the  need  for 
their  correction. 

"It  is_  our  view  the  document  pre- 
sented is  a  departure  from  the  de- 
clared purposes  of  the  N.R.A.,  since 
it  not  only  fails  to  correct  monopolis- 
tic and  unfair  practices  and  to  pre- 
vent oppression  of  small  enterprises, 
but  on  the  contrary  tends  to  promote 
and  perpetuate  such  practices  and  op- 
pressions. 

I     "The   inevitable  efifect   of   the   pro- 


posed code  is  to  deny  to  all  interests 
in  the  industry  unaffiliated  with  major 
producers  the  relief  which  they  had 
the  right  to  expect,  and  to  place  a 
cloak  of  legality  on  manifestly  unfair 
and  harmful  practices  from  which  in 
the  past  it  has  been  possible  to  pro- 
cure some  measure  of  relief  and  pro- 
tection through  the  courts. 

Fails  to  Hit  Abuses 

"Further,  the  proposed  code  fails  to 
deal  with  any  major  abuses  that  afflict 
the  industry,  and  it  contains  none  of 
the  major  provisions  which  have  been 
urged  to  permit  the  industry  to  go 
forward  under  the  NRA,  as  for  ex- 
ample ;  provisions  intended  to  insure  to 
exhibitors  the  opportunity  to  procure 
sufficient  product,  prevention  of  unfair 
discriminations,  elimination  of  sal- 
acious and  indecent  pictures,  the  right 
to  exercise  individual  discretion  in 
vital  policies  in  theatre  operations, 
etc. 

In  setting  up  boards  of  administra- 
tion and  for  hearing  grievances  pro- 
vision is  made  for  such  a  preponder- 
ance of  influence  for  major  producers 
and  their  affiliated  interests,  that  no 
relief  can  be  reasonably  expected  even 
from  practices  dealt  with  in  the  pro- 
posed code. 

"In  view  of  these  considerations, 
and  since  two  months  already  have 
been  consumed  in  discussion  of  these 
matters,  we  do  not  believe  any  good 
purpose  will  be  served  by  renewal  of 
such  discussions.  We,  therefore,  pre- 
fer _  to  present  our  views  in  writing. 
This  will  serve  as  definite  record  for 
Sol  A.  Rosenblatt  not  only  of  various 
proposals  discussed  during  the  past 
two  months,  but  also  of  the  manner  in 
which  those  proposals  have  been  dealt 
with  or  ignored  in  framing  the  pro- 
posed code. 

To  Present  Analysis 

"We  respectfully  advise  you  we  are 
preparing  and  will  present  to  you 
at  the  earliest  possible  moment  an 
analysis  of  what  we  deem  to  be  vices 
and  shortcomings  of  the  proposed  code 
and  a  statement  embodying  our  sug- 
gestions with  regard  to  same. 

The  business  and  investments  of  the 
vast  majority  of  producers,  distribu- 
tors and  exhibitors  being  at  stake,  we 
cannot  proceed  further  except  in  the 
manner  herein  indicated  to  the  Hon. 
Sol  A.  Rosenblatt." 

The  letter  was  signed  by  Abram 
F.  Myers  as  chairman  and  general 
counsel  of  Allied:  Jacob  Schechter. 
councel  for  the  Federation  of  the  M. 
P.  Industry,  and  proxy  for  numerous 
independent  producers  and  distribu- 
tors, also  the  Independent  M.  P. 
Producers'  and  Distributors'  Ass'n ; 
Milton  C.  Weisnian,  counsel  for  the 
I.T.O.A.,  and  Mitchell  Klupt.  counsel 
for  the  Independent  M.  P.  Exhibitors' 
Code  Protection  Committee;  H.  M. 
Richey,  general  manager  of  Allied 
Theatre  Owners  of  Michigan ;  Charles 
L.  O'Reillv,  president  of  the  Theatre 
Owners'  Chamber  of  Commerce :  Na- 
than Yamins.  nresident  of  the  Inde- 
pendent Exhibitors  of  New  England  : 
Calvin  Bard  of  the  M.P.T.O  of 
Nebraska  and  also  Allied  of  Ne- 
braska ;  David  Barrist,  chairman  of 
the  board  of  managers  of  the 
M.P.T.O.  of  Eastern  Pennsylvania, 
Southern  New  Jersey  and  Delaware; 
Tames  C.  Ritter,  president  of  .Mlied 
States      Ass'n ;      Aaron       Saperstein, 


Independents 
Plan  Analysis 
Of  Grievances 


president  of  Allied  States  of  Illinois; 
Col.  H.  A.  Cole,  president  of  Allied 
States  of  Texas ;  Harry  Brandt, 
president  of  I.T.O.A.;  A.  H. 
Schwartz,  president  of  the  Century 
Circuit  of  New  York ;  Sidney  Samuel- 
son,  president  of  Allied  States  of  New 
Jersey ;  Louis  F.  Blumenthal,  chair- 
man of  the  Protective  Code  Com- 
mittee ;  W.  B.  Littlefield,  vice-presi- 
dent of  the  Independent  Exhibitors  of 
New  England,  Inc. ;  Leo  Brecher  and 
Leon  Rosenblatt  of  the  I.T.O.A. 

A  split  is  indicated  between  the 
M.P.T.O  of  Pennsylvania  and  the 
national  M.P.T.O. A.,  with  which  the 
Barrist  unit  is  affiliated,  despite  the 
statement  by  Barrist  at  the  second 
code  hearings  that  his  outfit  was 
sticking  with  the  national  outfit. 

Rosenblatt  Goes  On 

The  new  developments  made  no 
changes  in  Rosenblatt's  plan.  He 
proceeded  to  confer  with  what  was 
left  of  the  exhibitors'  committee  this 
morning  as  if  the  entire  authorized 
delegation  had  turned  out  as  per 
schedule. 

Action  of  those  who  pulled  out  came 
in  for  severe  criticism  during  the  day 
and  evening,  principally  from  M.  P. 
T.  O.  A.  and  affiliated  theatre  ranks. 
The  impression  voiced  was  that  the 
objectors  had  made  a  mistake,  _  and 
that  by  withdrawing  they  had  indi- 
cated they  had  no  intention  of  battling 
for  what  they  considered  their  rights. 

Several  affiliated  theatre  men  said 
there  was  much  in  the  submitted  code 
which  was  not  to  their  liking  but  that 
they  saw  little  advantage  in  checking 
out  of  the  proceedings. 

Regardless  of  how  the  defection 
works  out — and  nobody  is  inclined  to 
go  positive  on  guesses — one  definite 
conclusion    loomed    tonight,    and    that 

(Continued  on   page   6) 


SEE  NEXT 
Z  PAGES 

for  the  feature 
which  regularly 
appears  on  this 
page  every  Friday- 

NEWS  OF  WEEK 
IN  PHOTO-REVIEW" 


^ITIMif^. 


£  mni 


"^TT^f  .y*-^'*.*^ 


STUNNING  WORLD  PREMIERI 
RIGHT  IN  THE  CENTER  OF  THI 


#*** 


■^>C 


i^%<^V 


"FOOTUGHT  PARADE"  TOPS  "GOLD 
DIGGERS'"  opening  gross  at  N.  Y. 
Strand's  "tremendous  world  premiere 
of  the  biggest  and  brightest  of  the 
Warner  musicals. '  *  (N.  Y.  American) . 


ROUSING  OVATION  for  her  great- 
est work  to  date  greets  arrival  of 
Ruby  Keeler  accompanied  by  hubby 
Al  Jolson  and  Ma. 


HUNDREDS  OF 
PREMIERE  NOTA- 
BLES included  fa- 
mous Langdon  W. 
Post,  political  lime- 
lighter. 

"ACHIEVED  THE  IM- 
POSSIBLE!" wires 
Oklahoma  City's 
Geo.  Henger  report- 
ing "bigger  than 
'Gold  Diggers'open- 
ing"  for  Bureau  of 
Missing  Persons. " 


W^' 


100  BICYCLING 
BEAUTIES  pedal 
to  opening  as  one 
of  dozens  of  flash 
advance   stunts. 


WARNERS  BUY  "HEA1 
LIGHTNING,"  unique 
legit  drama,  after  sen- 
sational Broadway  r 
ception. 


>LANTS  FOOTLIGHT  PARADE 
;POTLIGHr  OF  WEEK'S  NEWS 


t'»-y 


^     f? 


I 


**K*, 


LOVELY  LOBBY  STAFF  which  greeted 
over  5800  Strand  patrons  at  first  two  per- 
formances of  "the  kind  of  musical  only 
Warner  Bros,  can  make. " 

GIANT  WIRE  from  "Footlight" 
stars  congratulates  Strand  on  new 
all-time  record. 


f 


"A  BIG  NIGHT  IN  THE  MOVIES,  OF  THE 
MOVIES  AND  FOR  THE  MOVIES"  was  film- 
critic  Regina  Crewe's  comment  on  this  milling 
mob  which  closed  entire  Broadway  block  to 
traffic. 


ARRIVES  TODAY!  First  print  of 
Paul  Muni's  The  World  Changes 
is  shipped  to  New  York  for  pre- 
paration of  elaborate  campaign 
which  will  herald  early  release." 

AND  STILL  THEY  COME— 

in  rain-soaked  morning  after 
opening,  setting  new  first- 
day  house  record! 


"A  fint  National  Pkture     Vitagraph,  Inc.,  0/*f ribufor* 


MOTION  PICTURE 

DAILY 


Friday,  October  6,   1933 


Battle  Begun  on  Labor  Clauses 


Labor  Terms 
Start  Heated 
Discussions 


(Continued  from   page   1) 

as  one  of  the  committees  designated 
to  settle  disputes  which  may  arise 
on  wages  and  hours  in  towns  where 
the  I.A.T.S.E.  has  no  local.  They 
say  there  is  no  reason  why  the 
I.A.T.S.E  should  be  invited  in,  and 
tonight  they  repeated  the  statements 
made  Wednesday  night  that  this  would 
open  the  door  for  the  international  to 
attempt  to  organize  in  hundreds  of 
towns  where  operators  today  either 
are  non-union  or  axe  drawn  from 
rump  unions  which  owe  no  allegiance 
to  any  international. 

If  the  I.A.T.S.E.  scale  is  to  pre- 
vail, the  contention  is  that  many 
houses  will  be  compelled  to  darken. 
A  case  in  point  was  made  by  an  im- 
portant exhibitor  who  said  that  in  four 
southern  states  where  he  operates  the 
I.A.T.S.E.  is  in  only  19  towns.  Like 
other  exhibitors,  he  viewed  the  exten- 
sion of  the  right  of  the  I.A.T.S.E.  to 
help  adjudicate  disputes  in  which  it 
has,  or  can  have,  no  concern,  as  noth- 
ing more  or  less  than  granting  to 
I.A.T.S.E.  officials  NRA  sanction  for 
a  nationwide   membership   drive. 

Speculate  on  Intent 

Whether  Rosenblatt  realized  this, 
or  whether  the  clauses,  as  framed, 
carry  interpretations  which  go  far 
beyond  his  intent  is  not  known.  Lobby 
talk  leans  toward  the  idea  that  he  did 
not  intend  the  labor  provisions  to  be 
as  far-reaching  as  exhibitors  now 
diagnose  them. 

Exhibitors  met  with  Rosenblatt 
this  morning  to  take  up  the  NRA 
draft  clause,  but  failed  to  get  beyond 
the  labor  provisions.  The  first  meet- 
ing broke  up  for  the  World's  Series 
game,  to  resume  at  5  o'clock.  This 
session   ran   for   90   minutes,   and   was 


Circuits  Left  Out 

Washington,  Oct.  5.— Affili- 
ated theatres,  Motion  Picture 
Daily  learns,  are  not  satisfied 
with  the  reported  line-up  for 
the  code  authority.  They 
point  out  their  combined  in- 
terests, representing  an  in- 
vested capital  of  $500,000,000, 
are  completely  passed  up  on 
the  board  as  it  stanfls  at 
present  and  indicate  unoffi- 
cially strong  protests  will  be 
presented  to  have  one  of 
their  number  included.  They 
are  known  to  feel  that  the 
presence  on  the  code  author- 
ity of  men  like  Sidney  R. 
Kent,  Nicholas  M.  Schenck 
and  Harry  M.  Warner,  whose 
companies  have  large  exhibi- 
tion holdings,  is  not  sufficient, 
on  the  theory  all  of  them 
are  distributor  and  not  thea- 
tre-minded. 


Affiliated  Theatre  Men  Shying 
Clear  of  Arguments  Over  Labor 

Washington,  Oct.  5. — Affiliated  theatres  are  shying  clear  of  the 
fight  on  operators.  In  practically  all  instances  they  use  I.A.T.S.E. 
men  and  therefore  the  proposed  plan  permitting  I.A.T.S.E.  men 
to  sit  in  on  the  settlement  of  disputes  involving  non-union,  or 
rump  union  operators,  is  no  direct  concern  of  theirs. 

In  their  initial  excitement  exhibitors,  other  than  affiliated, 
hurled  many  direct  charges  at  producer-controlled  representatives. 
Several  insisted  the  labor  provisions,  as  drafted  by  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt,  were  influenced  by  affiliated 
representatives  with  the  express  idea  of  forcing  many  small 
houses  to  close. 

One  exhibitor  remarked:  "No  more  theatre  mergers  are  neces- 
sary if  this  stands.  Major  circuits  won't  have  to  buy  more 
houses.     Those  houses  simply  will  pass  out  of  the  picture." 


followed  by  a  committee  meeting 
with  Rubien,  but  minus  the  presence 
of  Rosenblatt,  who  shifted  the  scene 
of  his  operations  to  a  producer  meet- 
ing on  the  ninth  floor  of  the  May- 
flower. 

At  10 :30  tomorrow  morning  the 
interminable  sessions  will  resume  in 
the  hope  that  by  that  time  some  sort 
of  in-between  compromise  will  have 
been  effected  between  exhibitors  and 
Rubien. 

The  clause  which  has  theatre  men 
so  hot  and  bothered  appears  in  Sec- 
tion 1,  headed  "Labor  Other  than 
Actors"  and  starts  with  Clause  6. 

Article  6. 

A.  Employes  associated  with  organiza- 
tions of  or  performing  the  duties  of  car- 
penters, electrical  workers.  engineers, 
firemen,  motion  picture  machine  opera- 
tors, oilers,  painters,  theatrical  stage  em- 
ployes, theatrical  wardrobe  attendants,  or 
other  skilled  mechanics  and  artisans,  and 
musicians,  who  are  directly  and  regularly 
employed  by  the  exhibitors,  shall  receive 
the  minimum  wage  and  work  the  maxi- 
mum number  of  hours  per  week  fixed  as 
of  Aug.  23,  1933,  as  the  prevailing  scale 
of  wages  and  maximum  number  of  hours 
of  labor  by  organizations  of  any  of  such 
employes  affiliated  with  the  American 
Federation  of  Labor  with  respect  to  their 
respective  type  of  work  in  a  particular 
class  of  theatre  or  theatres  in  a  particular 
location  in  a  particular  community,  and 
such  scales  and  hours  of  labor  with  re- 
spect to  any  of  such  employes  in  such 
community  shall  be  deemed  to  be,  and 
hereby  are  declared  to  be,  the  minimum 
scale  of  wages  and  maximum  number  of 
hours  with  respect  to  such  employes  in 
such  communities  in  such  class  of  theatre 
or     theatres. 

B.  In  the  event  that  there  exist  in  the 
particular  community  organizations  of 
such  employes  above  mentioned,  whether 
such  organizations  are  affiliated  as  above 
set  forth  or  otherwise,  and  (1)  no  pre- 
vailing scale  of  wages  and  maximum 
number  of  hours  for  such  employees  ex- 
ist in  such  community  with  respect  to 
such  employes,  or  (2)  any  dispute  should 
arise  as  to  what  is  the  minimum  scale  of 
wages  or  the  maximum  number  of  hours 
of  labor  with  respect  to  any  of  such  em- 
ployes for  a  particular  class  of  theatre  or 
theatres  in  any  particular  community,  then 
and    in    either    of    those    events: 

Boards  to  Decide 

(a)  If  the  question  at  issue  arises  with 
the  organization  of  such  employes  affil- 
iated with  the  American  Federation  of 
Labor,  then  a  representative  appointed 
by  the  national  president  of  such  affiliated 
organization,  together  with  a  representa- 
tive appointed  by  the  disputant,  shall  ex- 
arnine  into  the  facts  and  determine  the 
existing  minimum  scale  of  wages  and  max- 
imum number  of  hours  of  labor  for  such 
theatre  or  theatres  in  such  particular  lo- 
cality, and  in  the  event  they  cannot  agree 
upon  the  same,  they  shall  mutually  desig- 
nate an  impartial  third  person  who  shall 
he  empowered  to  finally  determine  such 
dispute,  with  the  proviso,  however,  that 
in  the  event  such  representatives  cannot 
mutually  agree  upon  such  third  pereon. 
then  the  National  Recovery  Administrator 
shall  designate  such  third  person:  how- 
ever. 

(b)  Tf    the    question    at    issue    arises    with 


the  unorganized  employes  or  with  an  or- 
ganization of  such  employes  not  affiliated 
with  the  American  Federation  of  Labor, 
then  a  representative  of  such  unorgan- 
ized employes,  or,  as  the  case  may  be, 
a  representative  appointed  by  the  presi- 
dent of  such  unaffiliated  organization,  to- 
gether with  a  representative  appointed  by 
the  disputant,  together  with  a  rep- 
resentative appointed  by  the  na- 
tional president  of  such  affiliated 
organization  above  referred  to,  shall  ex- 
amine into  the  facts  and  unanimously  de- 
termine the  existing  scale  of  wages  and 
nxaximum  number  of  hours  of  labor  for 
such  theatre  or  theatres  in  such  particu- 
lar community,  and  in  the  event  they 
cannot  agree  upon  the  same,  they  shall 
mutually  designate  an  impartial  third  per- 
son who  shall  be  empowered  to  finally 
determine  such  dispute,  with  the  proviso, 
however,  that  in  the  event  such  repre- 
sentative cannot  mutually  agree  upon  such 
impartial  third  person,  then  the  National 
Recovery  Administrator  shall  designate 
such     impartial     third     person. 

Stay   on   Changes 

C.  Pending  the  determiiiation  of  any 
such  dispute,  the  rate  of  wages  then 
paid  by  the  exhibitor  in  such  theatre  or 
theatres  in  such  community,  and  the  max- 
imum number  of  hours  then  in  force  (and 
not  more  than  the  hours  provided  for  in 
this  code)  shall  not  be  changed  so  as  to 
decrease    wages    or    increase    hours. 

D.  In  order  to  effectuate  the  foregoing 
provisions  of  this  Section  6  hereof,  and 
pending  the  determination  of  any  dispute 
as  above  specified,  the  employes  herein 
embraced  and  provided  for  shall  not  strike, 
and  the  exhibitors  shall  not  lock  out  such 
employees. 

7.  In  no  event  shall  the  duties  of  any  of 
the  employes  herinabove  specified  in  Sec- 
tion 6A  directly  and  regularly  employed 
by  the  exhibitors  as  of  August  23,  1933. 
be  increased  so  as  to  decrease  the  num- 
ber of  such  employes  employed  in  any 
theatre  or  theatres  in  any  commurity. 
except     by     mutual     consent. 

8.  With  respect  to  any  labor  not  herein- 
before provided  for,  such  labor  when  regu- 
larly employed  by  the  exhibitors  shall  be 
paid    not    less    than    40    cents    per    hour. 


O'Reilly  Move  May 
Realign  Authority 

(Continued  from   page    1) 

co-ordinator,  is  understood  to  have 
disturbed  Deputy  NRA  Administra- 
tor Sol  A.  Rosenblatt  considerably 
by  his  decision,  although  the  deputy 
administrator  is  not  believed  to  have 
expressed  hiinself  in  so  many  words. 
As  reported  exclusively  in  Motion 
Picture  Daily,  O'Reilly  is  definitely 
slated  for  one  of  12  posts  on  the 
code  authority  board. 


Install  Wide  Range 

BiiiKALo,  Oct.  5. — Basil  Bros, 
have  installed  wide  range  sound  re- 
production in  the  Hollywood,  Vic- 
toria, Genesee  and  Broadway  theatres. 


Code  Parley 
Splits  with 
Lines  Drawn 


(Continued  from  page  3) 

is  the  final  washup  on  code  formula- 
tion has  been  set  back  for  the  third 
time. 

In  the  meantime  the  gags  that  are 
being  bandied  about  are  growing  in 
nurtiber.  Edwin  J.  Loeb  has  sent  to 
California  for  a  winter  overcoat  and 
tonight  Ed  Kuykendall  received  a 
wire  from  a  Kansas  exhibitor  who, 
having  read  the  highlights  of  the 
NRA  code,  wants  to  know  if  he  can't 
get  the  original  agreement  back  again. 

MPTOA  Will  Stick 
'Till  Code  Is  Set 

Washington,  Oct.  5. — Regardless 
of  what  other  exhibitor  organizations 
may  do,  the  M.P.T.O.A.  will  stick  it 
out  on  the  Washington  front  until  the 
code  is  finished,  or  Rosenblatt  sends 
the  delegation  home,  declared  Ed 
Kuykendall,  president,  today. 

"We  cannot  accept  some  of  the  pro- 
visions as  they  are  phrased.  The  pos- 
sibility is  strong,  however,  that  we 
can  work  them  out,  and  so  we  pro- 
pose staying  on  the  job,"  he  said. 
"Ninety-five  per  cent  of  the  increased 
operating  cost  under  the  code  will  be 
borne  by  exhibitors  and  therefore  we 
feel  we  are  entitled  to  some  considera- 
tion in  framing  trade  practices  which 
will   prevail." 

Particularly  disturbing  to  the 
M.P.T.O.A.  delegation  are  the  labor 
provisions. 


Supply  Dealers  in 
Haze  on  Rejection 

Washington,  Oct.  5.  —  Supply 
dealers  whose  code  was  the  first  to 
be  rejected  by  the  NRA,  cannot  figure 
it  out.  Many  provisions  in  the  tenta- 
tive draft  were  drawn  from  other 
codes  already  approved  by  the  NRA, 
and,  as  a  matter  of  fact,  were  actu- 
ally  clipped   and   pasted. 

Despite  this,  the  draft  was  entirely 
rejected,  necessitating  a  rewrite. 
About  two^thirds  of  it  is  acceptable, 
but  one-third  has  been  ordered  re- 
drafted. This  work  is  largely  in  the 
hands  of  J.  E.  Robins,  president  of  the 
Independent  Theatre  Supply  Dealers' 
Ass'n,  who  now  is  seeking  definitions 
on  unacceptable  points  from  various 
NRA  officials,  including  representa- 
tives of  the  legal,  planning  and  re- 
search, consumers  and  labor  divisions. 
When  clear  the  new  code  will  be 
mailed  throughout  the  country  and  a 
second  hearing  will   be  held  here. 

LT.O.A.  Expands  Offices 

Headquarters  of  the  L  T.  O.  A. 
have  been  enlarged,  but  no  weekly 
meetings  will  be  held  there.  Tues- 
day gatherings  will  be  continued  to 
be  held  at  the  Astor  Hotel. 


^\, 


■\ 


^^^' 


^n 


\ 


J-y.-  /     ^h^) 


V 


:^ 


WHO'S 
AFRAID 

OF  THE  BIG 

BAD  WOLF? 


*with  a  bow  to 
Walter  Disney 


SEE  NEXT  PAGE 


these  PARAMOUNT  PICTURES  will  keepl 


^oi^^,, 


,cNv°^ 


O^'^' 


^\ec 


.\>^ 


^o^^''    S^^^:c^e<^ 


.^^^!f^^"-" 


^,.<-  • ,  >■><.- 


^^^^     ^V^'"-     oe<^^  -nt^  i  O^® 


TWr      /^      TT      "KT 


TT     T> 


le  wolf  aTvay  from  your  door  for  many  year 


and  the  Blk?, 

BAD  WOLF  got  it  in  the  end! 


%.- 


New  York 

PARAMOUNT 

Theatre 


Paramounfs 
"TOO  MUCH    HARMONY" 
brings  best  business  in  10  months. 


S  A  E  N  G  E  R 

Theatre 
NEW  ORLEANS 


Paramount's 
"TOO  MUCH    HARMONY" 
brings  best  business  in  15  months- 


^4  ,-^, 


Metropolitan 

Theatre 
BOSTON 


Paramount's 

'TOO  MUCH    HARMONY' 

Best  business  in  14  months. 


PARAMOUNT 

Theatre 
LOS  ANGELES 


Paramount's 

'TOO   MUCH    HARMONY" 

Best  business  in  12  months. 


N  E WM A  N 

Theatre 
KANSAS  CITY 


Paramount's 
"TOO  MUCH    HARMONY" 
does  200%  of  averoge  business. 


UNITED  STATES 

Theatre 
PATERSON,  N.  J. 


Paramount's 
'TOO  MUCH    HARMONY" 

Best  business  in  8  months. 


Paramount's 

"TOO    MUCH    HARMONY" 

200%  of  average  business. 


v\ 


Paramount's 

"TOO   MUCH    HARMONY' 

Best  business  in  2  years. 


Paramount's 

"TOO  MUCH    HARMONY" 

Best  business  in  12  months. 


if    it's    a    PARAMOUNT    PICTURE    it's    the    best    show    in    town! 


Friday,  October  6,    1933 


MOTION  PICTURB 

DAILY 


Looking  'Em  Over 


it  \ 


.*f 


*My  Woman 

(Columbia) 

Fairly  entertaining,  this  melodrama  of  a  song  and  dance  team  who  are 
doing  their  turn  in  a  Panama  cafe  until  Helen  Twelvetrees  sells  Victor 
Jory,  head  of  a  broadcasting  company,  an  idea  that  she  should  be  given 
an  audition  when  she  returns  to  the  States.  In  order  to  get  Wallace  Ford, 
her  husband,  to  go  to  the  U.  S.  Miss  Twelvetrees  tells  him  that  the  audi- 
tion is  for  him  and  not  her. 

Back  in  the  States,  the  heroine  gets  her  husband  the  tryout,  she  re- 
fusing the  chance,  much  to  the  disappointment  of  Jory.  Ford  becomes  the 
sensation  of  the  day,  gets  swell-headed  and  falls  for  Claire  Dodd  with  the 
result  that  he  leaves  his  wife.  On  his  own  he  is  a  flop  and  writes  finis  to 
his  radio  career.  The  heroine  returns  to  the  tropical  cafe  and  her  act 
as  a  blues  singer.  Shortly  after  Ford  returns  admitting  his  wife  was  his 
only  pal  after  all. 

The  show  angle  will  hold  the  interest  generally  and  this  should  be 
played  up  in  advertising,  publicity  and  exploitation  tieups.  Victor  Schertz- 
inger    directed. 


*'East  of  Fifth  Avenue" 

{Columbia) 

Average  melodrama  of  a  heterogenous  boarding  house  group,  the  joys 
of  some  of  them  and  the  sorrows  of  others.  In  this  group  are  Wallace 
Ford,  Dorothy  Tree,  Mary  Carlisle  and  Walter  Byron,  around  whom  the 
story  centers.  Miss  Tree,  a  show  girl,  awaits  the  return  of  Ford,  expect- 
ing him  to  own  up  to  the  wrong  he  has  done.  When  he  does  return,  he 
brings  Miss  Carlisle,  whom  he  has  married  while  in  New  Orleans  playing 
the    horses. 

Miss  Tree  seeks  to  commit  suicide  as  the  only  way  out,  but  is  consoled 
by  Walter  Connolly  and  Louis  Carter,  who  are  about  to  celebrate  their 
golden  wedding  anniversary.  While  Ford  is  away  from  the  house,  his  wife 
and  Byron,  a  poet,   find  in  each  other  a  new  dream  world. 

Ford  wants  to  quit  horse  betting.  He  tries  to  get  a  loan  of  some  money 
from  his  friends  for  the  last  big  clean-up  so  that  he  can  go  into  the  garage 
business.  Turned  down  by  his  pals.  Miss  Tree  takes  $1,000  from  the  Con- 
nolly home  and  leaves  a  note  explaining  the  loan.  She  gives  the  money 
to  Ford  and  he  bets  it  all  on  a  nag.  When  Connolly's  wife,  overlooking 
the  note,  finds  the  money  missing  she  dies  of  heart  failure.  Ford  wins  on 
his  bet  and  Miss  Tree  returns  the  money  to  Connolly,  who  later  commits 
suicide,  keeping  a  death  pact  with  his  wife.  The  hero  learns  his  wife  and 
Byron  have  flown  the  coop,  but  he  finds  a  renewed  happiness  in  Miss 
Tree. 


"Midshipman  Jack" 

(RKO  Radio) 

Pretty  good  melodrama  of  cadet  life,  which,  in  addition  to  bringing  out 
the  rigid  observance  of  rules  and  regulations  constituting  the  life  of  midship- 
men, has  as  its  main  plot  the  romantic  adventures  of  Bruce  Cabot,  Betty 
Furness  and  John  Darrow.  Arthur  Lake,  as  the  dissatisfied  plebe  and  his  sis- 
ter,  Florence,   supply   a  number  of  laughs. 

As  one  of  the  four  students  who  failed  to  graduate,  Cabot  is  put  in  charge 
of  a  group  of  plebes,  new  students.  Frank  Albertson  is  made  his  assistant. 
Lake  gives  Albertson  a  lot  of  trouble  and  at  times  Cabot  is  forced  to  inter- 
cede to  save  the  former  from  a  beating. 

Meeting  Miss  Furness,  the  commandant's  daughter,  Cabot  starts  a  ro- 
mance with  her  which  has  him  breaking  regulations  so  that  he  can  be  with 
her.  Darrow,  Cabot's  buddy,  has  been  paying  court  to  the  heroine  and,  no- 
ticing the  sudden  interest  of  Cabot,  tells  him  that  he  is  engaged  to  her.  The 
herome  denies  this  and  tells  Cabot  she  is  interested  in  him  only. 

While  out  maneuvering  in  a  sub  chaser,  Cabot's  craft  crashes  into  a  sea- 
plane in  restricted  waters.  The  hero  takes  the  blame  and  is  expelled  for 
the  affair,  although  it  was  Albertson's  fault.  Albertson,  seriously  injured  in 
the  crash,  tells  Cabot  he  is  going  to  own  up  to  the  accident.  His  story  is 
heard  by  the  commandant  and  his  daughter,  and  the  hero  is  ordered  back 
into  service  with  full  honors.  Miss  Furness  likes  the  idea  of  Cabot  making 
a  hero  of  himself  and  takes  him  under  her  wing  for  the  rest  of  his  life. 
Christy   Cabanne  directed.     Glendon  Allvine  was  associate  producer. 


"Police  Car  17" 

(Columbia) 

Melodrama  concerning  the  activities  of  a  radio  car  division  of  the  police 
department.  It  will  satisfy  Tim  McCoy  fans,  although  the  hero  drops  his 
cowboy  make-up  for  a  policeman's  uniform.  Evalyn  Knapp  is  fair  in  the 
leading  feminine  role.  Edwin  Maxwell,  as  the  gang  leader,  handles  a  diffi- 
cult  role  well. 

Meeting  Miss  Knapp,  a  school  teacher,  on  one  of  his  rounds,  McCoy  takes 
a  fancy  to  her.  He  learns  she  is  the  daughter  of  Wallis  Clark,  a  police 
lieutenant,  who  has  been  injured  by  Edwin  Maxwell,  head  of  an  under- 
world clique.  Although  the  heroine  is  going  with  one  of  Maxwell's  hench- 
man and  doesn't  know  it,  the  hero  continues  his  love  making  to  Mis  Knapp. 
The  gang  pulls  a  jewelry  robbery  and  two  of  the  thieves  are  killed.  The 
other  two  escape,  but  McCoy  finds  evidence  leading  to  Ward  Bond,  Miss 
Knapp's  boy  friend.  Maxwell,  who  is  out  to  get  even  with  Clark  for  send- 
ing him  up  to  the  pen,  has  his  henchman  abduct  the  lieutenant  and  his  daugh- 
ter to  his  hideaway.  McCoy  learns  where  they  have  been  taken  from  Bond 
and  arrives  just  in  time  to  save  the  heroine's  father  from  being  murdered. 

It's  meat  for  youngsters  who   like  copper-gangster  yarns. 


Lesser  Will  Set  Up 
European  Branches 

^Continued  from  page  1) 
the      Continent.      Headquarters      will 
be  here. 

Distribution  outlets  are  planned  in 
London,  Paris,  Rome,  Barcelona,  Vi- 
enna and  Stockholm  to  supplement 
the  24  franchise  holders  in  the  U.  S. 
Max  Glucksmann  will  handle  South 
America  and  Mexico  distribution  also 
has  been  set. 

Upon  Lesser's  return  production 
will  get  under  way  on  "Chicago  Sal," 
"Peck's  Bad  Boy"  and  an  untitled 
Harold  Bell  Wright  story.  About 
200  subjects  will  be  released  by  Prin- 
cipal including  the  "Tarzan"  series, 
six  James  Oliver  Curwood  stories, 
two  special  adventure  series  and 
many    other    novelty    shorts. 


"Tarzan"  to  Be  Sold 
As  9'Reeler  Abroad 

Sol  Lesser,  president  of  Principal 
Pictures  Corp.,  has  decided  to  release 
"Tarzan  the  Fearless"  in  nine  reels 
abroad,  eliminating  the  serial  form 
which  was  distributed  in  the  United 
States  in  addition  to  the  feature. 


Spellman  Radio  Editor 

Hollywood,  Oct.  5. — Howard 
Spellman,  former  New  York  attor- 
ney and  writer,  has  been  signed  as 
story  editor   for  Radio. 


SHORTS 


"Strange  As  It  Seems 
No,  r 

(Universal) 
Plenty  of  curiosities  to  hold  the 
interest  of  the  most  jaded  fan.  In 
particular  there  are  shots  showing  a 
Navajo  Indian  shaving  with  a  piece 
of  tin  and  a  farmer  scratching  his 
nose  with  his  nether  lip.  Well  worth 
while.    Running  time,  10  mins. 


''The  Seventh  Wonder" 

(Monogram) 
One  of  the  series  of  "Port  O' 
Calls"  produced  by  William  Pizor. 
The  Seventh  Wonder  of  the  World 
is  the  Panama  Canal  and  this  sub- 
ject covers  it  from  all  angles.  Scenes 
of  Panama  itself  and  some  of  its 
interesting  highlights  are  also  pic- 
tured. Deane  H.  Dickason  is  the 
monologuer  and  is  clear  in  describing 
his  subject  at  all  times.  Running 
time,  9  mins.     

''Butterfly" 

(Audio  Productions) 
Second  of  a  series  by  Erpi  Picture 
Consultants.  It  shows  butterflies  com- 
ing out  of  eggs,  caterpillers  and  other 
phases  of  insect  development.  Inter- 
esting for  child  audiences.  The  narra- 
tive is  by  Dr.  Clyde  Fisher  of  the 
Metropolitan  Museum.  Running  time, 
10  mins. 


"Goofytone  Newsreel 
No.  r 

( Universal) 
Again  the  newsreel  is  kidded  for  a 
number  of  laughs,  but  they  are  not  so 
much  when  the  subjects  are  stretched 
to  monotonous  lengths.  However,  a 
Swedish  dialect  piece  gets  over  very 
well.     Running  time,  10  mins. 


"Seed  Dispersal" 

(Audio  Productions) 
This  is  the  first  of  a  new  series 
produced  by  Erpi  Picture  Consultants 
and  released  through  Audio.  As  the 
title  implies,  it  shows,  with  the  aid 
of  microscopic  photography,  how  seeds 
are  distributed.  It  has  educational 
value  as  well  a^  entertainment  appeal 
for  certain  types  of  audiences.  An  ac- 
companying narrative  is  by  Dr.  Clyde 
Fisher  of  the  Metropolitan  Museum. 
Running  time,   10  mins. 


"Five  and  Dime" 

(Universal) 
Oswald  and  his  cartoon  characters 
get  all  messed  up  in  a  five  and  ten 
cent  store  and  their  antics  provide 
some  good  laughs.  Repetition  of  "I 
Found  a  Million  Dollar  Baby  in  a 
Five  and  Ten  Cent  Store"  becomes 
monotonous  after  a  while.  Running 
time,  8  mins. 


Legal  Phase  of  Star 
Pay  Cuts  a  Worry 

{Continued  from  page  1) 
Aligned  with  him  are  reported  to  be 
Sidney  R.  Kent,  president  of  Fox; 
Nicholas  M.  Schenck,  president  of 
M-G-M  and  Loew's,  and  George  J. 
Schaefer,  general  manager  of  Para- 
mount. Those  opposed  are  understood 
to  be  R.  H.  Cochrane,  vice-president 
of  Universal,  and  Jack  Cohn,  vice- 
president  of  Columbia. 

Meeting  behind  closed  doors  all  day 
except  for  an  interlude  this  afternoon 
to  see  the  Senators  lick  the  Giants, 
producers  were  at  it  again  with  this 
one  article  as  the  reputed  battle 
ground  over  which  they  are  again 
mulling.  Warner  is  on  record  twice 
already  with  fixed  ideas  on  salaries. 
He  previously  has  aired  his  views  on 
the  way  to  readjust  the  economic  bal- 
ance in  the  industry,  and  that  is  to 
trim  top  salaries  and  add  to  the  bot- 
tom. 


Sets  Deadline  for  Claims 

St.  Louis,  Oct.  5. — Under  an  order  of 
United  States  District  Judge  Charles  B. 
Davis  in  the  receivership  suit  against 
the  St.  Louis  Properties  Corporation, 
all  unsecured  claims  against  the  cor- 
poration not  heretofore  presented  must 
be  submitted  to  the  receiver  within  90 
days  from  September  29,  otherwise 
such  claims  will  be  barred  from  par- 
ticipating in  any  dividend  which  may 
be  made  in  the  case. 


12 


MOTION  PICTURE 

DAILY 


Friday.  October  6.   [933' 


Back  Stage  «"^  Off  Record 


By  FRANK  SCHAFFER 


f^  DDIE  DOVVLING,  who  is  too  busy  on  production  to  attend  all 
\  meetings  of  tlie  ABA  of  which  he  is  the  president,  would  like  to 
•^  resign  but  the  actors  won't  let  him.  .  .  .  George  Sidney  auto- 
mobiled  all  the  way  to  Hollywood.  Two  days  there  he  got  a  job  as 
sound  man  at  M-G-M.  A  few  weeks  later  it  was  discovered  he  is  the 
son  of  L.  K.  Sidney,  executive  of  the  Loew  circuit.  .  .  .  Johnny  Si- 
mon, who  has  been  ill  for  many  months,  is  getting  better  every  day  in 
every  way.  He  is  in  Hollywood.  .  .  .  Many  Paramount  customers 
would  like  to  see  the  two  Crawfords  back  and  many  who  visit  the  Music 
Hall  would  like  to  hear  them  play  the  twin  organs  of  which  only  one  is 
in  use.  .  .  .  Esther  Ralston  who  filed  bankruptcy  claims  the  other  day, 
is  said  to  have  been  a  victim  of  Los  Angeles  real  estate  sharks.  .  . 
Martin  Beck's  vaudeville  deal  is  off  because  he  says  he's  not  interested 
in  teaching  ■"them"  show  business.     Wonder  who  the  "them"  are?  .  .  . 


The  foreign  department  of  a  large  picture  concern  received  a  cable- 
gram in  French  the  other  day,  but  none  of  the  staff  was  able  to  trans- 
late  it.  .  .  .     Alfred  Loyal,   dog   trainer    who    has     

played  practically  every  circuit,  has  bought  a  home 
in  Fernwood,   IM.  J.  .  .  .     They  say  that  La  Belle 


From  abroad: 

Every  film  studio  in  Italy  is  working  overtime  and  show  business  is 
excellent.  .  .  .  Warners  may  build  their  own  theatres  in  Holland.  .  .  . 
Germany  expects  to  do  big  business  with  "Cavalcade,"  "State  Fair"  and 
"Zoo  in  Budapest."  ...  A  new  studio  has  been  built  in  Hammer- 
smith, England,  to  be  known  as  Triumph  Film.  Reginald  Smith  is  man- 
aging director.  .  .  Alsace-Lorraine  needs  foreign  pictures.  France 
only  delivers  about  200  a  year,  Germany  only  a  few  and  America  even 
less.  .  .  .  About  165  features  are  scheduled  to  be  made  in  Germany  in 
the  new  season.  ...  A  little  over  four  million  people  in  Germany  are 
out  of  work,  or  more  than  a  million  less  than  last  year.  .  .  . 


Titcorab  died  in  Germany  penniless.  In  former 
years  she  was  the  toast  of  Europe  and  played  many 
times  for  B.  F.  Keith  and  Martm  Beck.  Nat  Wills 
was  her  last  husband.  .  .  .  "Tink"  Humphry  writes 
from  Hollywood  that  he  lives  on  orange  juice  one 
day  and  the  next  day  on  tomato  with  very  light  meals 
in  between.  His  heart  is  beating  better.  .  .  .  Irv- 
ing Simon,  the  booking  agent,  who  a  few  weeks  ago 
tipped  the  scales  at  225  pounds  has  reduced  his 
weight  to  190.  .  .  .  Lew  Hearn,  the  pint  size  com- 
edian, has  found  a  partner  by  the  name  of  Charita, 
an  attractive  woman  with  a  splendid  voice.  .  .  . 


.  Norma  Shearer,  who  was  given  a  gold  medal  for 
making  good  pictures,  should  also  receive  one  for 
saving  the  life  of  young  Sam  Goldwyn.  .  .  .  Al- 
bert Gloria,  the  ball-room  dancer,  is  now  a  "legit  ac- 
tor" in  "Her  Mask  of  Wax."  .  .  .  Dave  Hutton, 
Aimee  Semple  MacPherson's  husband  who  appears 
in  vaudeville,  has  to  pay  commish  to  Arthur  Silber, 
to  Billy  Jackson  and  to  his  personal  representative, 
Harry  Brandon.  .  .  .  Every  big-time  booking  agent 
claims  to  have  Josephine  Baker  under  contract,  but 
they  all  can  learn  here  that  the  colored  countess  will 
not  come  to  America  to  entertain  publicly.  .  .  .  Mor- 
rison and  Winkler,  booking  agents,  refuse  to  handle  freak  acts  and  are 
not  interested  in  colored  turns.  .  .  .  Quarters  of  the  RKO  vaudeville 
department  has  been  reduced  to  hall  room.  .  .  . 


Keyhole  Stuff 


When  Danjty  Simmons, 
former  vaudeville  booker  for 
B.  S.  Moss  Theatres,  went  to 
Paris  to  live  a  life  of  dolce 
far  niente,  he  killed  most  of 
his  time  by  riding  bicycle. 

He's  now  in  Hollywood  with 
two  bikes.  One  for  himself, 
the  other  for  Moss. 

Can  you  picture  them  rid- 
ing up  Hollywood  Boule- 
vard? .  .  . 

Joe  Laurie,  Jr.,  is  a  pipe 
collector  and  smoker,  but  his 
frau  does  not  allow  him  to 
smoke  at  home,  or  in  her 
presence.  So  he  hangs  out 
'till  late  in  the  morning  at 
the  Friars'  Club.  .  .  . 

Clifford  and  Marion  are 
sort  of  unique  among  actors. 
They  often  refuse  bookings 
at  full  salary  because  they'd 
rather  play  golf  and  bridge. . . 


The  Royal  Court  Theatre  in  Liverpool  is  now  a  music  hall  playing 
eight  acts  of  vaudeville.  .  .  .  "The  Sign  of  the  Cross"  and  "Rain"  are, 
for  the  time  being,  forbidden  in  England.  .  .  .  "Moonlight  and  Pretzels" 
will  be  known  in  England  as  "Moonlight  and  Melody."  .  .  .  Gambling 
casinos  on  the  style  of  Monte  Carlo  will  be  built  in  Carlsbad,  Baden- 

Baden  and  other  German  summer  resorts.  .  .  .    Most 

American  turns  booked  to  appear  in  London  engage 
"claques"  to  applaud  their  acts.  .  .  .  Poland  has  only 
one  studio.  Makes  about  a  dozen  pictures  a  year  but 
needs  250 — a  chance  for  America  to  cover  the  market 
better.  .  .  . 

In  1923,  Ike  Rose  imported  from  abroad  a  midget 
troupe  to  be  known  as  Ferdinand  Singer's  Midgets 
(no  relation  to  Leo  Singer)  and  has  paid  the  troupe 
over  $120,000  in  salary  in  six  years.  Yet  these  lit- 
tle folks  have  never  paid  the  Government  a  cent  of 
income  tax.  They  are  at  present  at  the  World's  Fair 
in  Chicago.  .  .  .  There  are  about  25  eating  places 
on  West  47th  St.,  between  Broadway  and  Sixth  Ave. 
The  only  one  frequented  by  actors  and  executives  is 
Gerson's,  next  to  the  Palace  stage  entrance.  .  .  . 
John  Ringling,  the  circus  king,  looks  worried  and  his 
hair  is  greying.  .  .  .  Morton  Downey  is  getting 
stouter  and  Bessie  Mack  is  reducing  on  a  "Webers 
Tea"  diet.  ...  Ed  Davidow,  booking  agent  for 
"legit"  shows,  would  like  to  reduce  his  large  quar- 
ters in  the  Bond  Building,  but  by  doing  so,  thinks  it 
might  hurt  his  business  reputation.  .  .  .  Bert  Lahr 
says:  "The  world  is  a  comedy  to  those  that  think;  a 
tragedy  to  those  who  feel."  .  .  . 


The  Theatrical  Democratic  League  has  sent  a  list  of  about  a  dozen 
names  of  so-called  "chiseler  agents"  to  Commissioner  William  Flynn, 
Senator  Thomas  F.  Burchill  and  Senator  Elwood  M.  Rabenold.  About 
half  a  dozen  names  have  also  gone  to  the  district  attorney's  office.  A 
clean-up  is  expected  by  the  whole  trade.  .  .  .  The  Circle  Theatre,  Co- 
lumbus Circle,  can  use  better  ventilation.  .  .  .  Countess  Albani,  radio 
star,  was  born  in  Barcelona  and  not  in  Hungary.  .  .  .  Ruth  Mix  has 
taken  up  a  course  in  aviation.  Wants  to  become  a  pilot.  ...  A  film 
studio  is  scheduled  to  be  built  on  the  French  Riviera.  It  will  be  called 
"Riviera-Hollywood."  An  English  concern  is  furnishing  the  capital. 
.  .  .  Jake  Lubin,  head  booker  for  Loew,  says  N.  R.  A.  stands  for  "No 
Rotten  Acts."  .  .  . 


Rex  Weber's  contract  with  the  Shuberts  expires  next  May  15.  .  .  . 
The  "Brown  Derby"  restaurant  in  the  Hollywood  Building  on  Broad- 
way, between  51st  and  52nd  Sts.,  is  in  opposition  to  Lindy's.  .  .  Mack 
of  Blondell  and  Mack,  booking  agents,  insists  that  in  time  to  come  the 
public  will  demand  vaudeville  again.  Others  have  different  ideas.  .  .  . 
Charles  Griswold,  manager  of  the  Music  Hall,  is  beginning  to  show  the 
effects  of  too  close  application  to  business.  A  little  rest  would  do  him 
no  harm.  .  .  .  Eddie  Darling,  former  Keith  booking  chief,  when  in 
town  invites  a  few  actors  for  dinner  and  pays  the  bill  a  few  days  later 
by  check.  In  former  days,  the  actors  paid  the  bills — and  were  glad  to 
do  so.  .  .  .  A  married  man,  for  17  years  back-stage  doorman  in  vari- 
ous Keith  and  RKO  theatres — 55  years  of  age — hale  and  hearty — needs 
a  job.  .  .  . 


I  And  Walter  Kelly  says:  "If  we  cannot  live  so  as 
to  be  happy,  let  us  at  least  live  so  as  to  deserve  it."  . . 
Since  Gomez  and  Vinona  started  the  "Bolero"  many  dancing  acts  now 
are  doing  ditto.  .  .  .  Russell  Patterson  may  do  the  scenery  for  the 
"White  Horse  Inn."  .  .  .  Mills-Kirk-Martin,  comedy  trio,  will  lose 
one  of  their  members.  It  will  be  Harry  Martin,  who  has  an  offer  to 
go  on  the  air.  .  .  .  Mrs.  Berle,  mother  of  Milton,  who  appeared  for  five 
weeks  in  Chicago,  says  she  didn't  get  to  the  World's  Fair,  because  she 
was  too  busy  applauding  Milt.  .  .  .  Cliff  Hall,  Jack  Pearl's  partner,  is 
getting  along  nicely.  The  auto  accident  has  marred  his  face  and  neck 
with  47  stitches.  He  resumes  his  broadcasting  with  Pearl  Oct.  7.  .  .  . 
"Count"  Bennett  has  secured  the  right  for  America  of  the  stage  play 
"Die  Stadt  Ohne  Juden"  ("The  City  Without  Jews.")  .  .  . 


Dave  Kramer  and  Jack  Boyle  are  partners  again.  .  .  .  Theodore 
Dreiser  very  often  takes  his  meals  at  La  Petite  Bretonne  on  West  55th 
St.  During  luncheon  hours  one  may  see  there  many  film  actors  in  their 
make-up  from  the  Fox  studio.  .  .  .  Did  you  see  the  five  carat  diamond 
ring  on  Hatty  Alhoff's  finger?  She  tells  everybody  it  is  a  present  from 
an  admirer.  As  a  matter  of  fact,  it  is  an  heirloom  from  her  father.  .  .  . 
One  hundred  and  twenty-five  musical  bell  ringers  from  Sweden  will 
visit  America.  They  pay  their  own  fares  both  ways,  but  will  listen  to 
dates  for  vaudeville  or  picture  theatres.  .  .  .  Georgie  Price  who  works 
strenuously  for  the  A.  B.  A.,  sans  pay,  is  an  idealist. 


Erik  Charell,  European  producer,  can't  understand  why  American 
managers  plaster  beautiful  lobbies  with  cheap  card  boards.  .  .  .  For- 
mer Ambassador  Gerard,  passing  the  Capitol  Theatre,  made  the  same 
remark.  .  .  .  Roy  Smeck  has  a  patent  on  a  "pick"  for  banjoes,  guitars 
and  "ukes"  and  collects  $50  a  week  in  royalties.  .  .  .  "Zit  Cosmopoli- 
tan" is  still  the  feature  sign  on  top  of  the  dark  theatre.  .  .  .  Single 
monologists  and  also  comedians  with  stooges  will  soon  be  no  longer  in. 
demand,  says  a  broker  of  a  major  vaudeville  circuit. 


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INDIANA  POtlltrCIANS  SAY. . 

IF  YOU  Cl^imK  'EM 


..JOIN 


Can  you  imagine  this?  The  other  day  an  exhibitor 
said  to  one  of  our  salesmen,  "I'm  afraid  to  play 
those  Culbertson  pictures  .  .  .  they  may  teach  my 
customers  to  play  Bridge  and  keep  'em  away  from 
my  theatre".  .  .  how's  that  for  an  excuse  to  pick 
your  own  pocket? 

There  are  only  twenty  million  bridge  players  in  the 
country  and  that's  about  one-third  of  the  adult 
population  of  every  man's  town,  and  a  lot  of  'em 
are  staying  away  from  the  theatre  right  now! 

When  you  go  fishin'  you've  got  to  have  bait, 
don't  you? 

You  buy  star  pictures  because  you  know  they've  a 
following  .  .  .  you  buy  popular  novel  pictures 
because  they've  been  read  and  people  want  to  see 
what  the  characters  look  like!  In  other  ads  we've 
told  you  a  lot  of  interesting  and  surprising  things 
about  this  fellow  Ely  Culbertson  .  .  .  bridge  wizard 
and  showman.  Showed  you  where  and  why  he  gets 
more  fan  mail  than  a  Hollywood  queen  .  .  .  told  you 
about  his  4,000  teachers  and  their  600,000  pupils  .  .  . 
showed  you  why  he  commands  the  front  page  of 
every  newspaper,  why  one  of  his  books  sells  more 
copies  than  the  ten  "best  seller"  authors. 


—  It's  because  twenty  million  people  are  interested 
in  him,  what  he  says,  what  he  does  that  they'll  lay 
their  dough  on  the  line  to  see  him.  Those  are  the 
folks  that  right  now  are  dealing  out  the  cards  .  ,  . 
the  ones  you  want  to  pull  into  your  theatre  .  .  .  and 
Mister,  Ely  Culbertson  and  his  "My  Bridge  Ex- 
periences" are  the  bait!  Bring  those  people  in  six 
times  and  you'll  be  just  six  times  better  off  than 
you  are  right  now  .  .  .  and,  besides,  you've  got  a 
pretty  good  chance  of  convincing  them  that  yours 
is  a  right  nice  opera  house  and  that  the  movies 
after  all  are  a  nice  change  from  staying  home 
every  night. 

Well,  we've  told  our  story  .  .  .  RKO-Radio  has  the 
pictures  ready  ...  six  of  'em,  honeys!  Funny, 
thrilling  and  darned  good  entertainment  for  every- 
one. When  you  book  'em,  give  'em  the  works  .  .  . 
advertise  'em  as  you  would  your  biggest  feature. 
There's  a  real  showman's  campaign  book  ready, 
filled  with  ads,  publicity,  stunts  .  .  .  we've  posters, 
lobby  displays,  novelties  galore  to  lure  'em  in. 
This  ain't  no  side-show — it's  a  circus! 

Yes,  sir,  they're  playing  bridge  right  now!  "If  you 
can't  lick  'em  .  .  .  join  'em." 


Friday,  October  6,    1933 


MOTION  PICTURE 

DAILY 


15 


Twin  Cities 
Give  $10,500 
To  "Dr.  Bull" 


Minneapolis,  Oct.  5. — "Doctor 
Bull"  was  the  only  attraction  that  dis- 
played any  strength  in  the  Twin  Cities 
last  week.  It  was  |500  up  at  $5,500 
in  the  State  here,  and  across  the  river 
it  reached  par,  $5,000,  at  the  Para- 
mount. 

"Pilgrimage"  held  up  to  $1,500  at 
the  Lyric  here  and  reached  $800  for 
four  days  at  the  Tower  in  St.  Paul. 

Grosses  of  the  five  Minneapolis 
houses  totaled  $16,700  where  average 
business  is  $17,200.  St.  Paul's  four, 
usually  grossing  $14,000,  did  only  a 
$13,400  business. 

Estimated  takings : 

Minneapolis: 
Week  Ending  Sept.  28: 

"BEAUTY    FOR    SALE"    (M-G-M) 

CENTURY— (1,640),       2Sc-40c,       7       days. 
Gross:   $3,000.     (Average,   $3,500.) 
"PILGRIMAGE"    (Fox) 
LYRIC— (1,238),    20c-25c,    7    days.    Gross: 
$1,500.     (Average,  $1,500.) 

Week  Ending  Sept.  29: 

"TARZAN,    THE   FEARLESS"    (Principal) 

RKO  ORPHEUM— (2,900),  20c-40c,  6 
days.  Gross:  $4,500.  (Average  for  7  days, 
$5,500.) 

"DOCTOR   BULL"   (Fox) 

STATE— (2,300),    25c -400,    7    days.    Gross: 
$5,500.     (Average,   $5,500.) 
"VARMLANNINGARNA"     (State    Rights) 

WORLD— (400),  25c-75c,  7  days.  Gross: 
$1,200.      (Average,    $1,200.) 

St.  Paul: 

Estimated  takings  for  the  week  end- 
ing Sept.  29: 

"DOCTOR    BULL"    (Fox) 

PARAMOUNT— (2,300),    25c-40c,    7    days. 
Gross:   $5,000.     (Average,  $5,000.) 
"TURN    BACK    THE    CLOCK"    (M-G-M) 

RIVIERA— (1,200),  25c-40c,   7  days.  Gross: 
$3,500.     (Average,   $3,500.) 
"TARZAN,   THE  FEARLESS"   (Principal) 

RKO  ORPHEUM— (2,600),  20c-40c,  7  days. 
Gross:   $3,500.     (Average,   $4,000.) 
"PILGRIMAGE"    (Fox) 

TOWER— (1,000),  15c-25c,  4  days.  Gross: 
$800.      (Average,    $800.) 

"GOODBYE   AGAIN"    (F.    N.) 

TOWER— (1,000),  15c-25c,  3  days.  Gross: 
$600.     (Average,   $700.) 


"Dr.  Bull"  Holds 
Up,  Indianapolis 

Indianapolis,  Oct.  5. — "Doctor 
Bull,"  in  its  second  week  at  the  Apollo, 
was  the  only  draw  in  town  last  week. 
It  reached  $3,000,  up  by  $500. 

"Beauty  for  Sale"  made  an  average 
$4,500  at  the  Palace.  Both  "Lady  for 
a  Day"  and  "Morning  Glory"  were 
ofif  at  the  Circle  and  Indiana,  re- 
spectively. 

Total  for  the  four  first  runs  was 
$18,500.    Average  is  $20,500. 

Estimated  takings  for  the  week  end- 
ing Sept.  29: 

"DOCTOR    BULL"    (Fox) 

APOLLO— (1,100),  25c-40c,  7  days.  Gross: 
$3,000.    (Average,    $2,500.) 

"LADY  FOR  A  DAY"   (Col.) 
CIRCLE— (2,800),    25c-40c,    7    days.    Gross: 
$3,000.   (Average,  $3,500.) 

"MORNING    GLORY"    (Radio) 
INDIANA— (3,300),  25c-40c.  7  days.    Stage 
show.    Gross:    $8,000.    (Average,    $10,000.) 
"BEAUTY   FOR  SALE"   (M-G-M) 
PALACE— (3,000),   25c-40c,   7   days.   Gross: 
$4,500.    (Average,    $4,500.) 


West  Film  Opens  Big 

Chicago,  Oct.  5. — Mae  West's  "I'm 
No  Angel"  had  its  world  premiere 
in  this  city  at  the  Oriental,  play- 
ing to  heavy  business.  In  the  first 
three  hours  $4,800  was  taken  in  at 
the  box  office. 


ii 


Lady,"  Show 
Get  $29,500, 
Chicago  Lead 


Chicago,  Oct.  5.— "Lady  for  a 
Day"  on  the  screen  with  Lou  Holtz 
heading  the  stage  bill  was  the  strong- 
est attraction  in  the  Loop  last  week  and 
gave  the  RKO  Palace  a  fine  $29,500. 
indicating  the  important  part  played  by 
the  Columbia  vehicle  in  the  week's 
business  is  the  fact  that  it  was  spotted 
into  the  B.  &  K.  McVickers  for  a 
second  week. 

B.  &  K.'s  Chicago  was  down  from 
the  previous  week  with  "I  Loved  A 
Woman"  and  a  stage  bill  including 
Duke  Ellington  and  Sally  Rand.  The 
take  was  $47,000. 

"Bureau  of  Missing  Persons"  was 
good  for  10  days  at  McVickers,  show- 
ing plenty  of  pulling  power,  with 
$16,000  in  the  till. 

Total  first  run  business  was  $122,- 
500.    Average  is  $120,600. 

Estimated   takings : 

Week  Ending  Sept.  26: 
"PADDY,     THE    NEXT    BEST    THING" 
(Fox) 
UNITED    ARTISTS  —  (1,700),  30c-40c-60c, 
3rd    week,    7    days.      Gross:    $9,500.      (Aver- 
age, $17,000.) 

"BUREAU    OF    MISSING    PERSONS" 

(F.   N.) 

McVICKERS-(2,2g4),  30c-40c-60c,  7  days 
Gross:    $16,000.      (Average,    $13,000.) 

Week  Ending  Sept.  27: 
"TUGBOAT   ANNIE"    (M-G-M) 

ORIENTAL-(3,940),  30c-40c-60c,  5th 
«^/,^7    ^''^^-      ^'"'^^'-    ^"'O*^-      (Average, 

Week  Ending  Sept.  28: 
"I    LOVED    A    WOMAN"    (F.    N.) 

CHICAGO-(4,000),  3.5c-50c-68c,  7  days, 
Duke  Elhngton  &  Band,  Sally  Rand  and 
otliers  on  stage.  Gross:  $47,000.  (Aver- 
age,  $34,600.) 

"LADY    FOR    A    DAY"    (CoL) 

PAL.ACE^(2,509),  35c-50tfU75G,  7  days 
Stage:  Lou  Holtz,  H.  Leopold  Shawowsky, 
Mitzi  Mayfair,  Lillian  Shade.  Gross: 
$29,500.      (Average,    $22,000.) 

Week  Ending  Sept.  29: 

"SHANGHAI   MADNESS"   (Fox) 

ROOSEVELT-(l,591),  25c-35c-50c,  7  days. 
Gross:    $9,500.      (Average,   $11,000.) 


Dual  Bill  Is  Top 
In  Omaha,  $5,850 

Omaha,  Oct.  5.— With  mediocre 
film  fare  all  over  town,  only  one  first 
run  house  pulled  an  average  gross. 
A  dual  bill  at  the  World  of  "Turn 
Back  the  Clock"  and  "Brief  Mo- 
ment" turned  the  trick  for  $5,850. 
Business  held  up  nicely  all  week,  but 
not    so    in    the    other    spots. 

At^  the  Orpheum  "I  Loved  a  Wo- 
man," along  with  "Sleepless  Nights," 
opened  questionably  and  slumped 
over  the  week  end.  Gate  for  the 
week    was    way    low    at    $6,500. 

"The  Power  and  the  Glory"  at  the 
Paramount   took   about   $6,750. 

Total  first  run  business  was  $19  - 
100.       Average    is    $20,600. 

Estimated  takings  for  the  week 
ending    Sept.   30: 

"I     LOVED     A    WOMAN"     (Warners) 
"SLEEPLESS    NIGHTS"     (Remington) 

ORPHE,UM-(3,000),    25c-35c-40c,    7    days 
Gross:    $6,500.       (Average,    .$7,250.) 
"THE    POWER   AND    THE    GLORY" 

(Fox) 

PARAMOUNT-(2,900),    2Sc-30c-35c-50c,    7 

days.        Gross:    $6,750.        (Average,    $7,500.) 

"TURN    BACK    THE    CLOCK"    (M-G-M) 

WORLD— (2,500),    2Sc-35e,    7    days.    Gross: 

$5,850.       (Average,    $5,850.) 


Not  So  Exclusive 

Buffalo,  Oct.  5.— "Not  to  be 
.shown  elsewhere  in  Buffalo" 
in  large  type  and  "for  at  least 
30  days"  in  infinitesimal  type 
is  being  used  in  Lafayette 
theatre  advertising  on  Col- 
umbia and  Universal  pictures. 


99 


Philadelphia 
Tips  "Power 
$19,000  High 


PhlladblphiAj  Oct.  5. — "The  Power 
and  the  Glory"  went  to  $19,000  at  the 
Fox  last  week,  $3,000  over  normal, 
but  the  management  decided  against 
holding  it  a  second  week. 

"Bitter  Sweet"  was  a  disappoint- 
ment. It  took  $4,800  in  five  and  one 
half  days  at  the  Aldine  and  was 
yanked  at  6  o'clock  to  make  room  for 
"Emperor  Jones." 

Total  first  run  business  was  $87,300. 
Average  is  $82,515. 

Estimated  takings  for  the  week  end- 
ing Sept.  28 : 

"BITTER   SWEET"    (U.   A.) 
ALDINE— (1,200),     40c-55c-65c,     Syi     days. 
Gross:  $4,800.     (Average,  for  6  days,  $7,000.) 
"MIDNIGHT    CLUB"    (Para.) 
(2nd   Run) 
ARCADIA— (600),      25c-40c,50c,      6      days. 
Gross:    $2,000.      (Average,    $2,400.) 

"PENTHOUSE"    (M-G-M) 
BOYD— (2,400),  40c-55c-65c,  6  days.  Gross: 
$10,500.      (Average,    $12,000.) 

"HER  FIRST  MATE"  (Univ.) 
EARLE— (2,000),       40c-55c-65c,       6      days. 
Stage:    Thurston.      Gross:    $13,500.      (Aver- 
age,   $12,000.) 
"POWEJl   AND    THE   GLORY"    (Fox) 
FOX— (3,000),   40c-55c-75c,  6  days.     Stage: 
Gus    Van,    York    and    King,    Jack    Starnes 
and    Co.,     Ray     Huling    and     Seal.      Gross: 
$19,000.      (Average,  $16,000.) 

"SECRET    OF    THE    BLUE    ROOM" 

(Univ.) 
KARLTON— (1,000),     30c-40c-50c,    6    days. 
Ooss:   $3,000.     (Average,   $3,500.) 
"PADDY,    THE    NEXT    BEST    THING" 
(Fox) 
(2nd    run) 
KEITH'S— (2,000),      25c-30c-40c,      6     days. 
Gross:    $5,500.      (Average,    $5,500.) 

"ONE    MAN'S    JOURNEY"    (Radio) 
STAiNLEY— (3,700),     40c-55c-75c,     6    days. 
Stage:    Barbara    Stanwyck,    Herb    Williams, 
Cass,    Mack     and     Dwen.       Gross:     $21,000. 
(Average,    $16,000.) 

"BROADWAY    TO   HOLLYWOOD" 
(M-G-M) 
STANTON— (1,700),     30c-40c-S5c,     8    days. 
Gross:   $8,000.     (Average  for  6  days,  $7,000.) 


Weekly  Car  Tickets 
Hit  K.  C,  Suburbans 

Kansas  City,  Oct.  5. — Suburban 
theatres  here  are  complaining  that  a 
weekly  pass  arrangement  on  street 
car  and  bus  lines  is  hurting  their  busi- 
ness while  downtown  theatres  are 
helped.  Passes  sell  for  $1  and  are 
good  for  unlimited  transportation  dur- 
ing one  week,  as  against  the  straight 
fare  of  a  dime.  Using  the  pass, 
patrons  travel  downtown  for  enter- 
tainment without  extra  expense,  and 
the  street  car  company  is  plugging 
this  feature  in  advertising  as  well  as 
screen  tieups  with  downtown  theatres. 
The  matter  has  been  discussed  by  the 
Independent  Theatre  Owners'  Ass'n, 
but  no  official  action  has  been  taken. 


Maedchen" 
Gets  $5,500 
In  Cleveland 


Cleveland,  Oct.  5. — Contrary  to  ex- 
pectations, "Maedchen  In  Uniform," 
spotted  into  the  Hanna,  a  legitimate 
house,  went  to  $5,500  last  week  and 
was  held  for  a  second  week. 

"Too  Much  Harmony"  took  $6,500 
at  the  State,  but  this  was  said  to  be 
disappointing,  despite  the  fact  that  it 
was  $500  over  par.  "The  Power  and 
tile  Glory"  was  good  for  $6,200  at  the 
RKO  Palace.    This  was  $200  up. 

Even  with  the  help  of  a  vaudeville 
program  headed  by  Buster  Keaton, 
Evelyn  Brent  and  Harry  Fox,  "F.  P. 
1"  took  only  $10,000  at  the  Hippo- 
drome, under  normal  by  |4,000. 

Total  first  run  business  was  $33,500. 
Average  is  $36,500. 

Estimated  takings  for  the  week  end- 
ing Sept.  29 : 

"LADIES    MUST    LOVE"    (Univ.) 

ALLEN— (3,300),       20c-30c-40c,       7       days. 
Gross:    $3,000.      (Average,   $3,000.) 
"F.    P.    I."    (Fox) 

HIPPODROME— (3,800),  35c-44c-55c,  7 
days.  Stage:  Buster  Keaton,  Evelyn 
Brent,  Harry  Fo.x,  7  days.  Gross:  $10,000. 
(Average,   $14,000.) 

"I  LOVE^D  A  WOMAN"   (F.  N.) 

WARNERS'  LAKE— (800),  30c-35c-44c,  7 
days.      Gross:    $3,700.      (Average,    $3,500.) 

"THE    POWER    AND    THE    GLORY" 
(Fox) 

RKO      PALACE^(3,100),      30c-35c-44c.      7 
days.     Gross:    $6,200.      (Average,    $6,000.) 
"TOO    MUCH    HARMONY"     (Para.) 

.STATE— (3,400),  30c-35c-44c,  7  days. 
Gross:    $10,000.       (Average,    $6,000.) 

"BIG    EXECUTIVES"    (Para.) 
"SOLITAIRE   MAN"   (M-G-M) 

STILLM  AN— (1,900),      20c-30c— 30c-40c,      7 
days.      Gross:    $4,100.      (Average,    $4,000.) 
"MAEDCHEN    IN    UNIFORM" 
(Krimsky  &  Cochraine) 

HANNA— (1,500).  30c-40c,  7  days.  Gross: 
$5,500. 


U.  A.  May  Take  House 

Detroit,  Oct.  5. — Reports  are  in 
circulation  here  that  United  Artists 
will  take  over  the  U.  A.  Theatre  here 
with   the    showing   of   "The    Bowery." 


"Singer"  $5,500 
Draw  in  Oklahoma 

Oklahoma  City,  Oct.  5. — The  an- 
nual state  fair  and  exposition  was 
here  last  week  and  helped  business. 
Every  first  run  hit  par  or  better. 
The  Criterion  had  the  best  draw,  tak- 
ing $5,500  on  "Torch  Singer,"  which 
is  $500  up.  This  is  the  first  time  in 
three  weeks  the  Criterion  has  hit  par. 
The  Capitol,  with  "Turn  Back  The 
Clock,"  went  $300  above  average  to 
$3,300. 

The  Liberty,  with  two  changes,  did 
an  average  week's  business  of  $3,000 
with  "Ladies  Must  Love"  and  "The 
Man  Who  Dared."  The  Victoria,  a 
suburban,  had  two  first  runs  last 
week  and  did  an  average  business  of 
$1,200. 

Total  first  run  business  was  $13,000. 
Average  is  $11,700. 

Estimated  takings  for  the  week  end- 
ing Sept.  30 : 

"TORCH  SINGER"   (Para.) 

CRITERION— (1,700),  10c-20c-26c-36c-41c- 
56c,  7  days.  Gross:  $5,500.  (Average, 
$5,000.) 

"TURN    BACK    THE   CLOCK"    (M-G-M) 
CAPITOL— (1,200),     10c-20c-26c-36c-41c,     7 
days.     Gross:   $3,300.     (Average,   $3,000.) 
"LADIES  MUST  LOVE"   (Univ.) 
LIBERTY— (1,500),  10c-15c-26c-36c,  4  days. 
Gross:    $1,700.      (Average    week,    $3,000.) 
"THE   MAN    WHO  DARED"    (Fox) 
LIBERTY— (1,500),  10c-I5c-26c-36c,  3  days. 
Gross:    $1,300.      (Average    week,    $3,000.) 
"TO    THE    LAST    MAN"    (Para.) 
VICTORIA— (80O),   10c-15c-20c-26c,  3  days. 
Gross:    $600.      (Average   week,   $1,200.) 
"DISGRACED"    (Para.) 
VICTORIA— (800).   10C-1.5C-20C-26C.   4  days. 
Gross:    $6(X>.      (Average   week,   $1,200.) 


16 


MOTION  PICTURE 

DAILY 


Friday,  October  6,   1933 


Revamping  of 
Publix  Units 
Gets  Approval 


(Continued   from   page    1) 

under  a  special  contract  in  which  the 
trustee  reserves  the  right  to  buy  back 
Blank's  stock  under  certain  condi- 
tions. 

Hoblitzelle  will  also  be  retained  as 
manager  of  the  new  corporation 
formed  out  of  the  Interstate  Circuit 
of  Dallas.  He  will  make  a  cash  pay- 
ment of  $25,000  to  help  form  the  new 
corporation  and  will  receive  one-half 
of  tlie  common  stock.  The  trustee 
will  retain  the  other  50  per  cent. 
Hoblitzelle,  in  his  new  contract,  is  to 
arrange  for  the  leasing  of  several 
theatres  in  his  territory,  and  it  is 
said    that    he    has    already    done    this. 

The  Virginia-Tennessee  question 
involved  three  corporations,  the  Vir- 
ginia-Tennessee Corp.,  of  which  the 
bankrupt  held  all  of  the  common 
stock,  Publix-Virginia  and  Publix- 
Newport  News,  of  which  the  bank- 
rupt held  three-quarters  of  the  com- 
mon stock.  Perry  is  to  manage  the 
new  corporation,  and  will  receive  49 
per  cent  of  the  common  stock,  for 
which  he  will  pay  $10,000.  The  trus- 
tees also  reserves  the  right  to  buy 
back  the  common   stock   from   Perry. 

The  hearing  on  the  reorganization 
will  continue  Oct.  23. 


Cooper  Gets  Relapse; 
Kahane  Takes  Reins 

Hollywood,  Oct.  5.— With  Merian 
C.  Cooper  slated  to  return  to  the 
Radio  lot  next  week,  the  producer 
suffered  a  relapse  today  and  is  con- 
fined in  a  hospital  at  Burlingame  with 
a  heart  ailment.  Doctors  have  or- 
dered a  complete  rest  of  three  weeks. 

B.  B.  Kahane,  having  returned  from 
Washington,  again  denied  rumors  of 
Cooper  being  out  and  is  indignant 
over  reports  being  circulated  to  this 
effect.  Kahane  has  taken  over  the 
studio  affairs  and  will  rush  six  pic- 
tures into  work  next  week. 


Renee  Adoree  Dead 

Hollywood,  Oct.  5. — Renee  Adoree 
died  here  today  in  a  local  sanitarium 
after  an  illness  extending  over  several 
years.  She  achieved  her  greatest  film 
fame  in  "The  Big  Parade." 


New  Deal  for  Roxy 
Is  Seen  by  Spring 

(Continued   from   page    1) 

with  Howard  S.  Cullman,  receiver, 
early  in  January,  the  house  has  stead- 
ily been  improving  from  a  business 
standpoint.  It  was  reopened  Jan.  22 
with  "The  Death  Kiss." 

Cullman  has  about  $250,000  in  re- 
ceiver's certificates,  which  are  ex- 
pected to  be  satisfied  by  early  next 
spring.  About  $3,500,000  is  needed  to 
swing  the  deal  for  Arthur.  The  re- 
ceiver's six  months'  term  ends  Dec. 
15  and  in  all  probability  Cullman  will 
be  reappointed.  He  was  continued  as 
receiver  on  June  15.  Operating  nut 
for  the  house  is  now  around  $20,000  a 
week.  Last  week  the  Roxy  grossed 
$24,000  and  is  headed  for  $35,000  for 
the  current  week.  F.  &  M.  Stage- 
shows,  Inc.,  in  which  Arthur  is  inter- 
ested, has  been  producing  the  stage 
attractions  since  Jan.  22  and  the  house 
has  had  only  three  or  four  losing 
weeks  since  then. 


"Diggers''  Argument 
Ended  on  35%  Deal 

(Continued  from  page    1) 

"Gold  Diggers  of  1933"  is  the  under- 
standing that  exhibitors  will  not  have 
to  pay  more  than  35  per  cent  of  the 
gross.  The  deals  ajso  carry  no  guar- 
antee and  are  understood  to  provide 
that  if  exhibitors  do  not  break  even 
on  the  run  of  the  musical  the  35  per 
cent  term  will  be  readjusted  accord- 
ingly. 

In  making  deals  for  the  picture, 
exhibitors  do  not  have  to  include  the 
59  other  Warner-First  National  films. 
Also,  the  exhibitor  does  not  have  to 
take  "Gold  Diggers"  with  the  other 
product.  Warners  also  have  the  right 
to  either  sell  the  musical  independently 
of  the  other  59  pictures  or  include  it. 
The  company  has  been  selling  the  pic- 
ture on  a  50-50  basis  in  a  number  of 
spots. 


Fox  and  Rex  Bell  in 
Deal;  Wife  May  Quit 

Hollywood,  Oct.  5. — Fox  Studios 
and  Rex  Bell  are  trying  to  get  to- 
gether on  a  deal  calling  for  the  cow- 
boy-actor to  appear  in  a  series  of 
action  pictures. 

It  is  also  reported  on  reliable  au- 
thority that  his  wife,  Clara  Bow,  is 
definitely  through  with  pictures  and 
will  retire  from  the  screen  perma- 
nently with  the  completion  of  her 
current  Fox  film,  "Hoopla." 


Attention  to  Picture  Producers! 

COLONEL  F.  MAYBOHM 

and  his 

RUSSIAN  REVELS  1933-34 

Available  for  Short  and  Feature  Pictures 

LAST  WEEK  THIS  WEEK 

PALACE,  N.  Y.  C.  EARLE,  PHILADELPHIA 

with  RKO,  BOSTON  AND  PROVIDENCE  to  follow 

— Personal  Direction — 
MURREL-HODGDON   OFFICE,    137   WEST   48th   STREET,   NEW   YORK 


Just  Collects  Taxes 

Cincinnati,  Oct.  5. — Carlos 
A.  Harrison,  manager  of 
Keith's,  says  a  movie  house 
used  to  be  a  place  where  you 
sold  tickets  in  the  hope  of 
making  a  profit.  Now  it  is 
merely  a  tax  -  collecting 
agency. 


Simon  Is  Upheld  in 
Fight  With  Webers 

The  Simon  Agency  has  been  upheld 
by  the  board  of  arbitration  of  the 
Artists'  Representatives'  Ass'n  in  its 
allegation  that  tlarry  and  Herman 
Weber,  who  sold  out  their  interest  in 
the  firm  of  Weber  &  Simon  last  De- 
cember, were  soliciting  acts  on  its  list 
and  trying  to  book  them  with  the 
RKO  circuit.  Among  the  players  in- 
volved were  said  to  have  been  Hobart 
Bosworth,  Estelle  Taylor  and  Moran 
&  Mack. 

The  arbitration  board's  ruling  is 
that  all  acts  on  the  list  of  the  Weber 
&  Simon  firm  at  the  time  of  the  split- 
up  shall  continue  to  be  represented 
by  the  Simon  Agency  for  RKO  "until 
such  time  as  a  written  release  is 
issued  to  any  of  them."  The  board 
forbids  the  Weber  brothers  from  so- 
licitnig  any  of  these  acts. 

The  ruling  was  made  known  in  a 
letter  to  the  Simon  Agency  signed  by 
M.  H.  Rose,  chairman,  and  N.  E. 
Manwaring,  secretary  of  the  board  of 
arbitration  of  the  Artists'  Representa- 
tives' Ass'n. 


House  at  Hamilton 
Now  Extends  Credit 

Hamilton,  O.,  Oct.  5. — Employes 
of  local  industries,  who  occasionally 
over-extend  themselves  between  pay 
days,  are  not  obliged  to  give  up  their 
movies  at  the  Rialto  by  reason  of  de- 
pleted finances. 

Manager  John  A.  Schwalm  re- 
moves this  handicap  by  extending 
credit  for  admissions  to  a  reasonable 
extent  upon  the  patron's  promise  to 
pay. 

"They  invariably  call  and  settle  up 
when  the  next  pay  day  rolls  around," 
Schwalm  says. 

'Three  Pigs'  Big  in  L.  A. 

Los  Angeles,  Oct.  5.— Present  pop- 
ularity for  booking  dates  on  "Three 
Little  Pigs"  bids  fair  to  exceed  the 
demand  of  "She  Done  Him  Wrong," 
at  least  in  Los  Angeles  territory. 
There  are  at  present  twelve  prints  on 
hand  for  this  territory  with  return 
engagements  or  extended  runs  sur- 
passing six  play  dates  and  the  surface 
of  demand  has  just  been  scratched. 
Showmen  attribute  the  success  of  this 
particular  cartoon  to  the  therriatic 
music  and  words  of  "The  Big  Bad 
Wolf,"  which  has  been  popularized 
over  the  air  to  such  an  extent  that  it 
is  becoming  a  force  of  habit  with 
most  everyone  to  either  hum,  whistle 
or  sing  the  song,  and  you  can't  get 
away  from  associating  the  song  with 
"Three  Little  Pigs." 


Warner  Feting  Officials 

Hollywood,  Oct.  5. — Harry  War- 
ner will  entertain  500  national,  state, 
county  and  city  officials  Friday  at  a 
luncheon  at  the  Warner-First  Na- 
tional Studios  in  honor  of  the  Con- 
gressional   Naval   Affairs    Committee. 


Actors  Take 
Over  Charter 
Of  the  Guild 


Hollywood,  Oct.  5. — Actors  who 
have  seceded  from  the  Academy  have 
decided  to  take  over  the  charter  of  the 
Actors'  Guild,  which  is  affiliated  with 
the  Writers'  Guild.  Present  guild  of- 
ficers resigned  last  night  to  make  way 
for  new  officers,  who  are  as  follows : 

President,  Eddie  Cantor ;  first  vice- 
president,  Adolphe  Menjou ;  second 
vice-president,  Fredric  March ;  third 
vice-president,  Ann  Harding ;  secre- 
tary, Kenneth  Thompson;  assistant 
secretary,  Morgan  Wallace ;  treasurer, 
Groucho  Alarx ;  assistant  treasurer, 
Lucille  Gleason.  All  of  these  and  the 
following  constitute  the  board  of 
directors :  Ralph  Bellamy,  Boris  Kar- 
loff,  Claude  King,  Robert  Montgom- 
ery, Frank  and  Ralph  Morgan,  Ches- 
ter Morris,  Ivan  Simpson,  Spencer 
Tracy. 

The  advisory  committee  includes ; 
George  Bancroft,  Charles  Butterworth, 
Gary  Cooper,  Miriam  Hopkins,  Otto 
Kruger,  Alan  Mowbray,  Paul  Muni, 
George  Raft,  Lee  Tracy,  Warren 
William,  Jeanette  MacDonald,  Frank 
Conroy,  Isabel  Jewell,  Aubrey  Smith, 
James  Gleason  and  James  Dunn. 

The  new  organization  decided  to 
permit  all  classes  of  actors  to  join.  It 
aims  to  be  as  strong  in  the  screen  field 
as  Equity  is  in  the  stage. 

Whether  Equity  will  grant  a  fran- 
chise with  local  autonomy  remains  to 
be  seen,  though  it  is  strongly  hinted 
as  a  possibility.  A  general  mass  meet- 
ing for  actors  is  to  be  held  Sunday 
night.  The  aims  of  the  organization 
will  be  discussed  and  a  membership 
drive  will  be  started. 


yy 


Ohio  Censors  Ease 
Up  on  "Baby  Face 

Columbus,  Oct.  5. — "Baby  Face," 
which  the  censors  barred  from  Ohio 
a  few  months  ago  after  having  de- 
leted certain  portions  in  the  hope  of 
passing  the  picture,  and  which  Bev- 
erly O.  Skinner,  censor  chief,  de- 
clared would  be  barred  from  Ohio 
forever,  now  has  been  released  and 
will  be  shown  in  several  situations 
where  it  was  originally  set  in  when 
the    censors    turned    thumbs    down. 

What  caused  the  censors'  change 
of  heart,  or  to  what  extent  the  film 
has  been  scissored,  is  not  known  at 
the   moment. 


Discuss  Distribution 
Of  Educational  Films 

Geneva,  Oct.  5. — Discussions  on 
distribution  of  educational  films  and 
the  removal  of  duties  and  other  re- 
strictions tending  to  impede  world 
distribution  highlighted  an  interna- 
tional conference  here  today. 


Columbia  Signs  Friml 

Hollywood,  Oct.  5.— Rudolf  Friml 
has  been  engaged  by  Columbia  to 
write  the  book  and  score  for  the  Grace 
Moore  picture  to  be  produced  as  "The 
Love  Child."  Vincent  Perrara,  hus- 
band of  the  operatic  star,  will  play 
opposite  his  wife. 


Universal's  New  Deal! 


UNITED  THEATRES 
of  CALIFORNIA 

Including  Golden  State  Theatres  Corp.,  T.  &  D.  Jr., 
Theatre  Circuity  San  Francisco  Theatres,  Inc. 

(Eugene  Emmicfc,  M.  Naify,  R.  A.  McNeil,  Sam  Levin) 

sign  for 

UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


Thanks,  Messrs.  Emmick,  NaifV,  McNeil,  and  Levin 
for  your  confidence  in  Universal  Pictures. 

We  will  do  our  part. 


18 


MOTION  PICTURE 

DAILY 


Friday,  October  6,    1933 


Aimee's  Week 

On  Broadway 

Dismal  Flop 


One  of  the  outstanding  developments 
of  last  week  on  Broadway  was  the 
flop  of  Aimee  Semple  McPherson  at 
the  Capitol.  With  the  evangelist  on 
the  stage  and  "The  Solitaire  Man"  on 
the  screen,  the  take  fell  off  to  $28,- 
569.  The  previous  week,  with  "Beauty 
for  Sale"  on  the  screen  and  a  varied 
stage  show,  the  gross  was  $39,000. 

"My  Weakness"  at  the  RKO  Music 
Hall  was  an  outstanding  hit.  It  went 
to  $87,116  for  the  week,  topping  the 
mark  set  by  "The  Power  and  the 
Glory"  the  previous  week  by  $12,595. 

The  Paramount  had  a  fine  week 
with  $57,400  on  "Too  Much  Har- 
mony. "Dinner  at  Eight"  was  good 
for  §19,861  in  its  fifth  week  at  the 
Astor. 

The  much-talked-about  "Emperor 
Jones"  held  up  to  $22,000  in  its  sec- 
ond week  at  the  Rivoli.  It  took  $36,- 
450  the  first  week. 

Estimated  takings : 

Week   Ending   Sept.   27: 
"BERKELEY  SQUARE"  (Fox) 

GAIETY— (808),     5Sc-$l-6S,    2nd    week,     7 
days.      Gross:    $9,500. 
"WILD  BOYS  OF   THE  ROAD"   (F.N.) 

HOLLYWOOD— (1,545),  25c-85c,  7  days. 
Gross:   $11,445. 

"MY  WEAKNESS"    (Fox) 

RKO  MUSIC  HALI^(5,945),  35c-$1.65,  7 
days.     Stage  show.    Gross:  $87,116. 

"I   LOVED   A  WOMAN"    (Warners) 

STRAND— (2,900),  25c-85c,  7  days.  Gross: 
$28,569. 

Week  Ending  Sept.  28: 

"SOLITAIRE  MAN"   (M-G-M) 

CAPITOL— (4,700),  35c$1.65.  Stage  show: 
Aimee  McPherson  and  others.  Gross: 
$21,210. 

"LADY  FOR  A  DAY"   (CoL) 
PALACE— (2,500),   25c-75c,   7   days.    Stage 
show.     Gross:  $11,300. 

"TOO  MUCH   HARMONY"    (Para.) 
PARAMOUNT— (3,700),    35c-99c,    7    days. 
Stage   show.     Gross:   $57,400. 

"SHANGHAI   MADNESS"   (Fox) 
ROXY— (6,200) ,    25c-55c.    7    days.      Stage 
show.      Gross:   $24,000. 

Week   Ending   Sept.   29: 

"S.  O.  S.  ICEBERG"   (Univ.) 

CRITERION— (850),  55c-$1.65,  7  days. 
Gross:  $7,850. 

VLADY  FOR  A  DAY"  (Col.)— 4  days 

"THREE-CORNERED  MOON   (Para.) 
3   days 

RKO     ROXY— (3,700),     25c-55c,     7     days. 
Gross:   $12,831. 
"THUNDER  OVER  MEXICO"   (Principal) 

RIALTO— (2,200),  40c-65c,  7  days.  Gross: 
$17,000. 

Week  Ending  Oct.  1: 

"DINNER  AT  EIGHT"  (M-G-M) 

ASTOR— (1,012),  55c-$1.65,  5th  week,  7 
days.     Gross:    $19,861. 

"DEVIL'S  MATE"  (Monogram) 
MAYFAIR  —  (2,300),    35c-85c,     10    days. 
Gross:    $12,000. 

Week  Ending  Oct.  3: 
"EMPEROR  JONES"  (U.  A.) 
RIVOLI— (2,200),     40c-85c,     2nd     week,     7 
days.     Gross:    $22,000. 


Operator  Heads  Union 

Grand  Island,  Keb.,  Oct.  5. — Roy 
M.  Brewer,  newly  elected  president  of 
the  Nebraska  State  Federation  of 
Labor,  is  a  member  of  the  lATSE 
operators'  local  of  Grand  Island.  He 
has  been  active  several  years  in  local 
and  state  union  circles. 


Hoehle  Goes  to  Pitt 

PnT.sBURGH,  Oct.  5.  —  Harry 
Hoehle,  for  a  long  time  musical  direc- 
tor at  the  Penn,  has  been  named  to  a 
similar  post  at  the  Pitt,  which  opened 
last  week  under  a  combined  picture 
and  vaudeville  policy. 


Tampa,  Oct.  5. — The  Central,  leading  colored  theatre  here,  had 
a  booth  fire.  The  film  in  the  upper  magazine  of  one  of  the 
projectors  caught,  and  the  heat  set  oflf  the  sprinkler  system, 
giving  the  customers  a  free  shower  bath. 

It  was  a  hot  night  anyhow,  and  then  the  code  had  not  as  yet 
prohibited  the  giving  of  premiums,  so  the  stunt  went  over  big. 
In  fact  the  audience  seemed  to  enter  into  the  spirit  of  the  thing 
and  had  a  good  laugh  about  it  as  it  scurried  through  the  exits. 
Frank  Young  manager,  says:  "Nobody  put  up  a  squawk  or  asked 
for  a  pressing  club  ducat." 

The  loss  to  the  theatre  was  slight.  The  final  check  up  showed 
very  little  damage  to  the  projector.  Of  course  the  film  was 
destroycfd  and  the  theatre  needed  a  good  scrubbing. 


"Harmony"  Is 
$23,000  Wow 
On  the  Coast 


Los  Angexes,  Oct.  5. — "Too  Much 
Harmony"  put  the  Paramount  on  easy 
street  last  week  with  a  gross  of  $23,- 
000,  above  normal  by  $5,000.  Roscoe 
Ates  on  the  stage  helped. 

"Doctor  Bull"  was  also  a  strong 
draw  at  Loew's  State,  where  it  took 
$16,900,  above  normal  by  $2,900.  "Din- 
ner at  Eight"  held  up  to  $17,197  in  its 
fourth  week  at  Grauman's  Chinese. 

"Lady  for  a  Day"  was  something  of 
a  disappointment  at  $8,8(X)  at  the 
RKO.  "Gold  Diggers"  demonstrated 
that  time  hasn't  impaired  its  drawing 
power  by  pulling  $13,000  at  Warners' 
Downtown,  second  run. 

Total  first  run  business  was  $103,- 
922.  Average  is  $80,000,  without  the 
Filmarte,  Criterion,  Los  Angeles  and 
Orpheum. 

Estimated  takings  for  the  week  end- 
ing Oct.  4: 

"DINNER  AT  EIGHT"  (M-G-M) 

CHINESE— (2,500),  50c-$1.65,  7  days,  4th 
week,  Sid  (jrauman  prologue.  Gross: 
$17,197.      (Average,    $14,000.) 

"DOCTOR    BULL"    (Fox) 

LOEW'S  STATE— (2,415),  25c-55c,  7  days. 
Ed  Lowry  and  his  band,  stage  show.  Gross: 
$16,900.      (Average,    $14,000.) 

"TOO  MUCH  HARMONY"  (Para.) 

PARAMOUNT— (3,598),    25c-55c,    7    days. 
Rosco     Ates     on     the     stage,     stage     show. 
Gross:    $23,000.      (Average,    $18,000.) 
"LADY  FOR  A  DAY"   (Col.) 

RKO^(2,700),  25c-40c,  7  days.  Gross: 
$8,800.      (Average,  $8,000.) 

"GOLD  DIGGERS  OF  1933"  (Warners) 
(Second   Run) 

WARNER  BROS.  (Hollywood)— (5,000), 
25c-55c,  7  days.  Teddy  Joyce  and  his 
orchestra,  stage  show.  Gross:  $14,500. 
(Average,    M4.000.) 

"GOLD  DIGGERS  OF  1933"   (Warners) 
(Second   Run) 

WARNER  BROS  (Downtown— (3,400), 
2Sc-55c,  7  days.  Herman  Heller  and  his 
band,  stage  show.  Gross:  $13,000.  (Aver 
age,   $12,000.) 

"RED    HEAD"    (H.   Bregstein) 

FILMARTE  THEATRE— (890),  40c-50c, 
3rd   wk.,   7  davs.     Gross  $3,200. 

"THE  MASQUERADER"   (U.A.) 

CRITERION-(1,610).  25c-55c,  6th  wk.,  7 
days.     .Stage   show.     Gross:  $1,850, 

"CARNIVAL  LADY"   (State  Rights) 

"SOUTH  OF  PANAMA"  (State  Rights) 

LOS  ANGELES  THEATRE— (3,000),  15c- 
25c,  7  days.     Gross:   $3,975. 

"INDIA  SPEAKS"    (Radio) 
"LADIES  MUST  LOVE"  (Univ.) 

ORPHEUM  THEATRE— (2,200),  25c-35c, 
7   days.      10   acts    vaudeville.     Gross:    $3,350. 


Take  Spokane  House 

Spokane,  Oct.  5. — The  American 
has  been  taken  over  by  Arthur  O'Neil 
and  W.  L.  Evans,  both  of  Portland, 
on  a  three-year  lease.  It  will  be  re- 
named the  Post  Street,  remodeled  and 
re-equipped. 


"Penthouse" 
Leads  Pickup 
In  Pittsburgh 


Pittsburgh,  Oct.  5. — Business  all 
over  town  last  week  hit  a  new  peak 
for  the  fall  season,  with  the  general 
take  going  considerably  beyond  aver- 
age right  down  the  line. 

Leading  the  town  by  a  wide  margin 
was  "Penthouse"  at  the  Penn,  where, 
helped  by  generous  space  in  the 
Hearst  paper  and  good  notices,  it  did 
$16,000,  the  best  figure  here  in  some 
time.  Next  in  line  was  "One  Sunday 
Afternoon"  at  the  Warner,  at  $6,300. 

"Torch  Singer"  maintained  a  steady 
pace  at  the  Stanley,  gathering  $10,000, 
while  "Shanghai  Madness"  fell  away 
at  the  Fulton,  after  a  great  start,  to 
$4,500.  Even  that  is  above  average, 
however.  The  Davis  picked  up  a  bit 
with  "Ladies  Must  Love"  to  $2,200, 
although  that  is  not  profitable  and  the 
house  may  soon  switch  to  second  runs, 
possibly  on  a  split  week. 

A  new  first  run  site  was  added  to 
the  downtown  sector  last  week  when 
the  Pitt  opened  as  a  combination 
vaudeville  and  picture  house. 

Total  for  the  five  first  runs  was 
$40,000.    Average  is  $33,500. 

Estimated  takings  for  the  week  end- 
ing Sept.  28: 

LADIES  MUST  LOVE"  (Univ.) 

DAVIS— (1,700),  25c-40c,  6  days.  Gross: 
$2,200.      (Average,    $2,500.) 

"SHANGHAI  MADNESS"   (Fox) 

FULTON— (1,750),  I5c-40c,  6  days.  Gross: 
$4,500.      (Average,   $4,000.) 

"PENTHOUSE"    (M-G-M) 

PENN— (3,300),  25c-50c,  6  days.  Gross: 
$16,000.      (Average,   $12,000.) 

"TORCH  SINGER"   (Para.) 

STANLEY  —   (3,600),     25c-50c,     6     days. 
Gross:    $10,000.      (Average,   $9,000.) 
"ONE    SUNDAY    AFTERNOON"    (Para.) 

WARNER  —  (2,000),  25c-50c,  6  days. 
Gross:   $6,300.      (Average,   $5,000.) 


Stock  to  Start  in  N.  O. 

New  Orleans,  Oct.  5. — Gus  Coats, 
former  manager  of  the  Saenger,  is 
opening  a  dramatic  stock  company  of 
12  people  at  the  Palace,  a  former 
RKO  house,  which  has  been  closed 
for  the  past  three  or  four  years.  Ar- 
thur Holman  is  the  producer  and  will 
open   Oct.   8,   wfth  a  50-cent  top. 


Renew  Union  Contracts 

Ponca  City,  Okla.,  Oct.  5. — The 
local  operators'  union  has  renewed 
contracts  for  two  years  here  with  the 
Poncan,  Murray  and  Roxy  Theatres. 

At  Enid  the  four  Grifiith  houses 
continue  to  operate  with  non-union 
stage  hands  and  operators. 


Denver  Takes 
Pile  Up  New 
Season  Highs 


Denver,  Oct.  5. — Packed  houses 
continue  in  first  runs  with  stage  shows, 
although  the  films  must  be  given 
credit  for  exceptional  drawing  power. 
"Three-Cornered  Moon"  packed  them 
in  repeatedly  at  the  Denham.  The 
$10,500  take  was  $7,000  over  average. 

"I  Loved  a  Woman"  kept  crowds 
going  to  the  Orpheum.  The  gross 
reached  $12,000,  above  normal  by 
$5,000.  Both  houses  increased  prices 
two  weeks  ago,  but  the  only  effect 
was  to  increase  the  gross. 

"Doctor  Bull"  and  "Bitter  Sweet" 
turned  in  average  weeks  for  their 
houses,  while  "Disgraced"  and  "Mid- 
night Mary,"  on  a  split  week,  let  the 
Paramount  down  below  average.  The 
Tabor,  with  a  stage  show  and  "Double 
Harness"  on  second  run,  did  $3,800, 
$300  better  than  average. 

Total  first  run  business  was  $34,500. 
Average  is  $23,000. 

Estimated  takings  for  the  week  end- 
ing Sept.  28 : 

"BITTER    SWEET"    (U.   A.) 

ALADDIN— (1,500),  25c-40c,  7  days. 
Gross:    $3,000.       (Average,   $3,000.) 

"THREE-CORNERED    MOON"     (Para.) 

DENHAM— (1,500),  25c30c-40c  7E  days. 
Stage  show.  Gross:  $10,500.  (Average, 
$3,500. 

"DR.    BULL"    (Fox) 

DENVER— (2,500),  25c-35c-50c,  7  days. 
Gross:    $6,000.       (Average,   $6,000.) 

"I  LOVED  A  WOMAN"  (F.  N.) 

ORPHE,UM— (2,600),  3Sc-40c-55c,  7  days. 
Stage  show.  Gross:  $12,000.  (Average, 
$7,000.) 

"DISGRACED"     (Para.) 

PARAMOUNT— (2,000),  25c-40c,  3  days. 
Gross:    $1,200. 

"MIDNIGHT   MARY"    (M-G-M) 

PARAMOUNT— (2,000),  25c-40c,  4  days. 
Gross:   $1,800.      (Average   for  week,  $3,500.) 


4 


"Cord"  and  Show 
$11,800,  Buffalo 

Buffalo,  Oct.  5. — "The  Silver 
Cord,"  helped  by  a  strong  vaudeville 
show,  hit  $11,800,  over  normal  by 
$1,800,  at  the  Great  Lakes  last  week. 

"Morning  Glory,"  also  with  a  vaude- 
ville show,  was  good  for  $16,000,  up 
by  $1,000,  at  the  Buffalo.  "Voltaire" 
and  "Midnight  Mary"  were  strong 
at  the  Hippodrome  and  Century. 

Total  first  run  business  was  $47,500. 
Normal  is  $44,300. 

Estimated  takings  for  the  week  end- 
ing Sept.  29: 

"MORNING  GLORY"    (Ra£o) 

BUFFALO— (3,500),  30c-5Sc.  7  days. 
Stage:  Hal  LeRoy,  Eddie  CJarr,  Vivian 
Janis,  Grace  DuFaye*  Raymond  Baird. 
Gross:    $16,000.      (Average,    $15,000.) 

"MIDNIGHT  MARY"  (M-G-M) 

CENTURY— (3,000),  25c,  7  days.  Gross: 
$6,500.      (Average,    $6,5000.) 

"THE    SILVER   CORD"    (Radio) 

GREAT  LAKES-(3,000),  25c-40c,  7  days. 
Stage:  Joe  Browning,  Sybil  Bowan,  Ches- 
ter Fredericks  &  Co.,  Balabanow  Accordion 
Five,  Collette  Lyons  &  George  Snyder, 
Irene  Vedmillion  &  Three  Beverly  Sisters, 
Bee  Jung  &  Marie,  Petit  &  Douglas.  Gross: 
$11,800.     (Average,   $10,000.) 

"VOLTAIRE"   (Warners) 

HIFTODROME^(2,100),  25c-40c,  7  days. 
Gross:    $6,900.      (Average,   $6,000.) 

"THE    OUTSIDER"     (M-G-M) 

HOLLYWOOD— (300),  25c-40c,  7  days. 
Gross:    $500.      (Average,    $800.) 

"BRIEF    MOMENT"    (Columbia) 

LAFAYETTE— (3,300),  25c-,  7  days. 
Gross:    $5,800.      (Average,    $6,500.) 


L 


The  Leading 

Daily 

Newspaper 

<sf  the' 

Motion 

Picture 

Industry 


J 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Inditstry 
in  All 
Branches 


VOL.  34.  NO.  83 


NEW  YORK,  SATURDAY,  OCTOBER  7,  1933 


TEN  CENTS 


Straight  10% 
Cancellation 
Is  Conceded 


Rosenblatt    Gains    Point 
From  Distributors 


Washington,  Oct.  6. — A  straight 
10  per  cent  cancellation  privilege  on 
pictures  which  average  $250  or  less 
with  no  strings  attached,  has  been 
dangled  for  exhibitors  from  distribu- 
tors   by    Rosenblatt. 

"It  was  a  tough  job,"  he  said  smil- 
ingly as  he  made  the  announcement 
late  this  afternoon. 

This  looks  like  a  compromise  be- 
tween the  stand  taken  by  distributors 
for  15  per  cent  cancellations  in 
brackets  of  five  and  the  demands  by 
the  M.  P.  T.  O.  A.  for  straight  15 
per  cent  eliminations  with  no  portion 
of  rentals  kicking  back  to  distributors. 
Allied,  at  the  New  York  code  confer- 
ence, is  understood  to  have  moved  for 
a  straight  20  per  cent  concession. 
Asked  specifically  if  the  10  per  cent 
privilege  meant  a  partial  rebate  on 
rentals  to  distributors,  Rosenblatt  re- 
peated  that   the   cancellation   was   flat 

(Continued  on   page   3) 


Actors  Summon  Big 
Meeting  for  Guild 

Hollywood,  Oct.  6. — A  mass  meet- 
ing open  to  every  actor  in  Holly- 
wood has  been  called  by  the  Actors' 
Guild  for  Sunday  night  at  the  El 
Capitan.  Organizers  of  the  Guild  be- 
lieve that  after  they  have  made  their 
plans  known  every  a^tor  will  want  to 
join  forces  with  the  new  organization, 
and  have  called  the  mass  meeting  with 
that  in  mind. 


Strikes  Hit  Houses 
In  Pittsburgh  Area 

PiTTSBtTRGH,  Oct.  6. — Business  in 
the  territory  immediately  surrounding 
Pittsburgh  has  been  given  a  terrific 
jolt  in  the  last  couple  of  weeks  by 
the  spread  of  industrial  strikes.  Coal 
miners  and  steel  workers  have  refused 
to  abide  by  the  code,  holding  out  for 
recognition  of  their  own  unions,  with 
the  result  that  around  15,000  men  in 
(Continued  on  page  4) 


Pant  ages  Acquires 
Orpheum,  Portland 

Portland,  Oct.  6. — Interests  close 
to  Alexander  Pantages  today  acquired 
the  RKO  Orpheum  for  incorporation 
in  his  new  Pacific  circuit.  This  was 
the  second  house  he  acquired  when  he 
started  his  first  circuit  20  years  ago. 


Look  for  Finished  Code 
By  Wednesday  at  Latest 


Code  Workers 
Worry  About 
Home  Critics 


Washington,  Oct.  6.  —  Having 
worked  day  and  night  for  weeks,  many 
exhibitors  leaders  here  are  concerned 
as  to  how  members  of  their  respective 
organizations  will  view  the  final  terms 
of  the  industry  code. 

To  observers  it  seems  safe  to  as- 
sume the  general  exhibitor  body  in  the 
field  has  little  or  no  idea  how  gruel- 
ling has  been  the  routine  their  ap- 
pointed delegates  have  been  experi- 
encing from  the  day  that  code 
formulation  started  in   New  York  on 

(Continued  on   page  3) 


Missouri  Governor 
Leaves  Taxes  Open 

Jefferson  City,  Mo.,  Oct.  6. — 
Without  specifically  recommending  a 
general  sales  tax,  which  he  is  known 
to  favor.  Governor  Guy  B.  Park,  in 
his  official  proclamation  calling  a  spe- 
cial   session   of    the    Missouri    legisla- 

(Continued  on  page  4) 


Federal  Ban 
Upon  Strikes 
To  Be  Sought 


Washington,  Oct.  6. — A  move  will 
be  made  to  outlaw  strikes  by  Federal 
statute  when  Congress  convenes  in 
January,  Motion  Picture  Daily 
learned   tonight. 

Designed  for  incorporation  in  the 
contemplated  law  will  be  a  provision 
requiring  that  all  labor  disputes  be 
handled  locally  and  if  no  agreement 
is  reached  the  controversy  will  be 
passed  on  to  the  National  Labor 
Board,  the  findings  of  which  will  be 
binding  on  labor  and  employer  alike. 

(Continued   on   page   3) 


Cameramen's  Kicks 
Reach  Rosenblatt 

Washington,  Oct.  6. — Cameramen 
are  dissatisfied  with  the  NRA  code 
provision  which  stipulates  that  they 
cannot  be  relieved  of  their  duties 
while  a  picture  is  in  production  and  be 
replaced  by  other  cameramen.  Deputy 

(Continued   on   page   3) 


Balance  of  Power  Is  Shifted 
On  Zone  Board  Membership 


Washington,  Oct.  6. — More  evenly 
distributed  balance  of  power  between 
affiliated  and  independent  theatres  on 
the  proposed  local  grievance  boards, 
as  well  as  on  the  proposed  local  clear- 
ance and  zoning  boards,  was  assured 
today  when  Deputy  NRA  Administra- 
tor Sol  A.  Rosenblatt  declared  that 
the  NRA  code  proposals  covering  the 
personnel  of  each  type  of  board  had 
been  clarified  for  that  purpose. 

The  code,  as  now  drawn,  merely 
stipulates  that  each  grievance  board 
shall  consist  of  two  representatives  of 
major  distributors  and  two  represen- 
tatives of  exhibitors  and  draws  no  line 
covering  their  affiliations.  As  revised, 
one  distributor  member  is  to  be  drawn 
from  the  ranks  of  affiliated  distribu- 
tors and  one  from  the  ranks  of  dis- 
tributors   not    engaged    in   exhibition. 


Likewise,  one  exhibitor  member  is  to 
be  drawn  from  the  ranks  of  affiliated 
theatre  men  and  one  is  to  be  entirely 
independent.  The  fifth  member,  who 
is  impartial,  undergoes  no  change  in 
status. 

The  addition  of  the  word  "inde- 
pendent" makes  a  vital  difference  in 
the  contemplated  setup  of  the  clear- 
ance and  zoning  boards.  The  code  now 
defines  their  personnel  as  being  com- 
posed of  two  distributors,  one  of  them 
affiliated  and  one  not,  plus  two  first 
run  exhibitors,  one  of  them  affiliated 
and  one  not,  and  also  two  subsequent 
run  exhibitors.  The  all-important  word 
goes  before  "subsequent,"  making  it 
compulsory  for  subsequent  run  exhib- 
itors to  be  independent  and  entirely 
free  of  affiliation  with  any  producer 
or  distributor. 


This  Is  Rosenblatt's  Aim 

Now — Insurgents 

Swinging  Back 

By  RED  KANN 

Washington,  Oct.  6. — No  radical 
changes  in  the  NRA  code  are  antici- 
pated, and  by  Wednesday  of  next 
week,  perhaps  earlier,  the  code  will 
be  completed  and  delivered  to  the 
Recovery  Administration  for  the 
usual  study  and  approval  prior  to 
submission  to  the  President  for  the 
signature  that  will  make  it  a  law. 

This  is  what  Deputy  NRA  Admin- 
istrator Sol  A.  Rosenblatt  anticipates 
will  be  the  course  of  the  document 
which  has  precipitated  so  much  ar- 
gument and  so  many  sleepless  nights, 
and  this  is  the  procedure  on  which 
he    is    mapping    his    plans. 

The  split  that  was  brewing  Wed- 
nesday night  and  which  broke  into 
the  open  on  Thursday  began  to  re- 
cede into  the  background  when  a 
committee  composed  of  Louis  F.  Blu- 
menthal,  Nathan  Yamins,  W.  Ray 
Johnston,  and  Calvin  Bard,  represent- 
ing the  independent  producers,  dis- 
tributors and  exhibitors  who  pulled 
out  of  the  party  on  the  ground  that 
the  code  as  drawn  offered  little  or  no 

(Continued  on  page   3) 


May  Revise  Clause 
On  Standard  Pacts 

Washington,  Oct.  6. — The  provi- 
sion in  the  NRA  code  that  the  op- 
tional standard  license  agreement  is 
to  prevail  is  apt  to  undergo  revision 
along   with   other   proposed   clauses. 

Analysts  here  are  '  questioning 
whether  distributors  would  have  the 
right  to  write  in  rider  clauses  such 
as  the  one  now  existing  with  some 
distributors  whereby  they  agree  to 
sell  their  product  only  to  those  ex- 
hibitors   who   agree   not   to   couple    it 

(Coutiniu'd   on    page   3) 


Article  10  to  Be 
Completed  Today 

Washington,  Oct.  6. — The  dead- 
line on  Article  10  of  the  producers' 
code,  which  Motion  Picture  Daily 
has  stated  will  include  a  salary-fixing 
commission,  is  Saturday  afternoon. 
When  submitted,  according  to  Deputy 

(Continiird   on    page    i) 


MOTION  PICTURE 

DAILY 


Saturday,   October   7,    1933 


MOTION  PICTURE 

DAILY 

Registered   U.    S.   Patent  Office 

i'ormerly    Exhibitors    Daily    Review 

and    ilotion    Pictures    Today 


Vol. 


Octol>er 


193.! 


No.  83 


Martin   Quigley 

Editor-in-Chief   and    Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 
Advertising  Manager 

^■^fiy  PUBLISHED  daily,  exceot  Sunday 

r    jl  J  and    holidays,     by     Motion     Picture 
>*|^   Daily.    Inc.,   a    Quigley    Publication, 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
•■Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacihc  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring. 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenbero.  "The  Film  Kurier,"  Kothener- 
strasse  37.  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter January  4,  1926,  at  the 
Post  Office  at  New  York  City, 
N.  Y.,  under  Act  of  March  3, 
1879. 

Subscription  rates  per  year: 
S6  in  the  Americas,  except 
Canada:  Canada  and  foreign 
$15.       Single    copies:    10    cents. 


vNRA^ 


Blame  Labor  in  Bombing 

Pro\ii)exce^  Oct.  0. — Labor  trouble 
of  three  years'  standing  is  blamed  for 
the  bombing  of  the  marquee  of  the 
Holl)'wood,  East  Providence,  which 
made  a  partial  wreck  of  the  building. 
Damage  is  estimated  by  Manager 
Samuel  Bomes  at  $5,000.  The  blast, 
which  shattered  windows  in  the  town 
hall  nearby,  was  heard  for  miles.  It 
was  timed  to  take  place  early  in  the 
morning,  several  hours  after  the  last 
of  the  patrons  had  left. 


West  Big  Chicago  Draw 

Chicago,  Oct.  6. — Mae  West  may 
be  no  angel  in  her  latest,  "I'm  No 
Angel,"  but  she's  an  angel  to  the  Ori- 
ental box-office  this  week,  according 
to  the  management. 

From  6  o'clock  to  closing  on  open- 
ing night,  Tuesday,  the  take  was  $4,- 
800.  On  Wednesday,  the  first  full  day, 
it  was  $7,200,  and  on  the  second  full 
day,  Thursday,  it  reached  $7,100. 


Wiley  Joins  Para.  Staff 

Hollywood,  Oct.  6. — Wilbur  Wiley, 
formerly  of  the  Denver  Post  and  later 
of  the  Hollyu'ood  Cithen-Neivs,  has 
joined  the  Paramount  publicity  de- 
partment, replacing  Len  Boyd,  who 
is  in  a  hospital  recuperating  from 
wounds   received   during   the   war. 


Kraska  Goes  to  Canton 

C.\NTON,  (Jet.  6. — George  Kraska 
has  been  transferred  here  from  Bos- 
ton to  take  charge  of  Loew's.  He  suc- 
ceeds Adolph  Buehrig,  Jr.,  who  has 
been  called  to  Xew  York  pending  an- 
other  assignment. 

Kraska  has  been  manager  of  Loew's 
Fine  Arts,  at  Boston,  for  the  past 
three   vears. 


Grant  Sally  Rand  Appeal 

Chicago,  Oct.  6. — Judge  Joseph  H. 
McGarry  has  granted  .Sally  Rand's 
attorney  the  privilege  of  appealing 
from  a  $200  fine  and  a  year's  jail  term. 


Looking    ^Em    Over 


*'Charlie  Chan's  Greatest  Case" 

(fox) 

What  is  perhaps  the  greatest  surprise  in  this  addition  to  the  Charlie  Chan 
mystery  series  is  the  disclosure  that  Chan  is  the  head  of  a  populous  family 
of  Americanized  Chinese  offspring  of  all  sizes  and  ages,  and  that,  in  the 
event  he  is  not  successful  in  solving  the  double  murder  with  wliich  he  is 
here  concerned,  he  will  be  obliged  to  go  back  to  the  laundry  business  in 
order  to  support  the  brood.  Which,  moreover,  is  probably  the  explanation 
of   why   this  particular   case  is   Chan's   "greatest." 

The  story  and  the  unravelling  of  the  murder  mystery  involved  follows 
the  accepted  formula  in  attributing  possible  motives  for  the  murders  to  a 
number  of  persons  and  achieving  the  denouement  by  a  ruse  performed  in 
the  presence  of  all  the  suspects  and  calculated  to  cause  the  guilty  one,  who, 
incidentally,  is  the  one  designed  to  be  the  least  suspected,  to  incriminate 
himself  by  duplicating  evidence  associated  with  the  crime.  Needless  to 
say,  Chan  is  not  obliged  at  the  conclusion  to  return  to  the  laundry  busi- 
ness. 

The  story  is  engagingly  performed  and  manages  to  hold  the  interest. 
In  addition  to  Warner  Oland,  the  cast  includes  Heather  Angel,  John  War- 
i)tirton,    Virginia    Cherrill    and    Robert    Warwick. 


'The  Torch  Singer' 


(Paramount) 

Claudette  Colbert  is  seemingly  miscast  as  a  torch  singer  in  this  melo- 
drama which  is  only  fair  entertainment.  Ricardo  Cortez  tries  hard  to  carry 
the  picture  but  fails.  Baby  LeRoy,  shown  in  a  short  sequence,  got  over 
great  with  a   Paramount  audience  yesterday. 

Left  on  her  own  when  David  Manners  departs  for  China,  Aliss  Colbert 
finds  that  having  a  baby  with  no  one  to  pay  for  the  hospital  and  no  one 
to  support  the  infant  is  tough  sledding.  After  she  gives  birth  to  a  girl,  the 
heroine  seeks  to  get  the  father's  parents  to  take  the  burden  off  her  hands, 
but  his  mother  refuses.  She  gives  the  girl  to  a  children's  society  and  gets 
herself  a  job  as  a  singer  in  a  cheap  eatery,  which  ultimately  leads  to  bigger 
and  better  things.  She  also  becomes  a  star  over  the  radio  through  Cortez 
in  a  role  as  Aunt  Jenny.  After  five  years,  Manners  returns,  looks  for  her 
and  when  he  finally  finds  her,  she  refuses  to  have  anything  to  do  with  him. 
However,  later  he  locates  the  baby  and  takes  charge  of  her.  When  Miss 
Colbert  realizes  the  child's  father  means  to  take  up  his  responsibility  both 
to   her   and   the   baby,    she   decides   to   forget   the   past   and   bury  the   hatchet. 


Makes  Mexican  Tieup 

Mexico  City,  Oct.  6. — Ambrose 
Dowling,  in  charge  of  sales  for  RKO 
Export  Corp.,  has  just  effected  a  tieup 
with  Station  XEW,  one  of  the  largest 
in  Mexico  and  Central  America,  to 
broadcast  Radio  pictures  news  once 
a  week. 


Levy  Closes  with  B.  &  K. 

Jules  Levy,  RKO  general  sales  man- 
ager, has  closed  a  deal  with  B.  &  K.  in 
Chicago  for  showing  of  the  com- 
pany's entire  1933-34  list  in  36  de 
luxe   spots. 


Capitol  Releases  Set 

Capitol  releases  set  by  Major 
Bowes  for  October  and  November  in- 
clude:  "Night  Flight,"  "The  Chief," 
"Christopher  Bean,"  "Prizefighter  and 
the  Lady"  and  "The  Cat  and  the 
Fiddle." 


Claim  "Footlight"  Record 

Warners  claim  a  new  record  for 
"Footlight  Parade"  at  the  Strand. 
The  first  full  day's  business  was  $8,- 
907,  with  17,213  paid  admissions.  This 
tops   "Gold   Diggers,"   it  is  claimed. 


Warner  Pfd.  Makes  S-Point  Rally 


Columbia     Pictures,      vtc 24J4 

Consolidated     Film     Industries 3J4 

Consolidated    Film    Industries,    pfd 9]/^ 

Eastman     Kodak     79f^ 

Fox     Film     "A" WA 

Loew's.     Inc 33^ 

Paramount     Publix      1^4 

Pathe     Exchange      W'z 

Pathe    Exchange    "A" 9 

Warner     Bros 8^ 

Warner     Bros.,     pfd 24'/^ 


Sentry     Safety     ControL 
li'chnicolor     


High 

'.  lOH 


Pathe  Bonds  in  5-Point  Rise 


High 

(ieneral    Theatre    Equipment    6s    '40 5'A 

(iciieral    Theatre    Equipment   6s    '40,    ctf V/i 

Keith    B.    F.    6s    '46 45^2 

Paramount    Broadway    S'As    '51 33 

'araniount    F.    L.    63    '47 31!^ 

Paramount     Publix    5'As    '50 31"/^ 

Pathe     7s     '37,     ww 80 

I  Warner    Bros.    6s    '39,    wd 4f>'A 


Net 

Low 

Close 

Change 

Sales 

24 

24 

-  / 

100 

3 '4 

3'/i 

100 

9/4 

9/8 

—  k 

200 

79 

7m 

200 

16 

16 

-  'A 

800 

3oy, 

32 

-IK 

2,300 

m 

m 

-  Ml 

400 

1-/4 

I'A 

-  / 

700 

85/, 

854 

-  /8 

600 

7'A 

77A 

-   /8 

6,600 

23!/, 

24A 

-1-3 

100 

et  Market 

Net 

Low 

Close 

Change 

Sales 

% 

'A 

100 

1054 

nt 

lOM 

Rise 

-f  H 

Net 

3,000 

Low 

Close 

Change 

Sales 

S% 

5/8 

-/8 

5 

4-4 

4J4 

+   Vi 

2 

4.S 

45 

1 

33 

33 

+VA 

■} 

.30'/. 

30/ 

-  'A 

16 

31 

3VA 

+  H 

4 

80 

80 

-1-5 

3 

45 

45 

-1/8 

35 

"The  Mad  Game" 

(Fox) 

Hollywood,  Oct.  6.— This  is 
an  important  program  re- 
lease, translating  front-page 
kidnapping  reports  into  virile 
drama.  The  film,  distinctly 
anti-kidnapping  and  approved 
by  the  Hays  organization, 
should  give  the  live  exhibitor 
a  chance  to  cash  in  on  the 
publicity  now  appearing 
throughout  the  country. 
Spencer  Tracy  gives  an  out- 
standing performance  as  a 
gangster  turning  the  tables 
on  the  snatch  racket  boys. 
The  real  showman  is  apt  to 
clean  up  with  this  one. 

SHAPIRO 


i  Purely 
Personal  ► 


"  P  AT"  DONAHUE,  formerly  with 
■*•      Paramount,    is    the    new    script 
girl    and    general    secretary    to    Edu- 
cational   at    the    Astoria    Studios. 

Frances  Drake,  American  actress, 
who  has  been  appearing  on  the  Eng- 
lish stage  and  screen  for  the  past 
two  years,  is  en  route  to  Hollywood 
under   Paramount  contract. 

Ernest  Trueix  has  been  signed  by 
Educational  for  the  first  of  its  series 
of  "Star  Comedy  Specials"  as  yet  un- 
titled. Work  is  to  start  next  week 
at  Astoria. 

Aline  MacMahon  has  postponed 
her  return  to  the  coast  until  early 
next  month,  in  order  to  attend  the 
opening  here  of  "The  World  Changes." 

Marquis  Henri  de  la  Falaise  de 
LA  CouDRAYE,  husband  of  Connie 
Bennett,  sails  today  on  the  Lafayette 
for   a   short   visit   to   France. 

Max  Kuperstein  of  the  Earle 
Theatre,  Philadelphia,  has  transferred 
his  family  from  Boston,  where  he  for- 
merly  worked. 

Colleen  Moore  will  leave  for  the 
coast  within  two  weeks  to  start  work 
in  "Success  Story"  for  Radio  under 
her  new  contract. 

Lee  S HUBERT  has  returned  from 
Washington  where  he  attended  the 
opening  of  "Her   Mask  of  Wax." 

William   Morris,  Jr.,  has  arrived  ^ 
from   the  coast  after  almost  a  year's 
absence  from   New  York. 

Stoopnagle  &  BuDD  have  been 
signed  to  do  an  Educational  short  at 
the  Astoria   Studios. 

Jack  White  starts  work  Tuesday 
at  the  Astoria  Studios  on  his  second 
Educational    comedy. 


Ralph  Gervers  is  in  Pittsburgh  on 
a  special  exploitation  stunt  for  "Lad; 
for  a  Day." 


} 


RicHY  Craig,  Jr.,  has  been  sign© 
by  Sam   Sax  for  a  Vitaphone  short, 


Symon  Gould  has  left  New  York 
for  Hollywood. 


Saturday,    October   7,    1933 


MOTION  PICTURE 

DAILY 


No  Radical  Changes  Is  Prediction 

Looking  for 
Code  Windup 
On  Wednesday 


(Continued   from   page    1) 

protection  to  their  interests  waited 
un  Rosenblatt  and  asked  if  he  would 
meet  the  insurgent  interests.  Rosen- 
blatt said  he  would  and  tonight  the 
meeting  was  held. 

Independents,  however,  circulated 
a  story  of  a  different  calibre  during 
the  day.  Several  of  them  asserted 
Rosenblatt  had  sent  out  "feelers"  for 
this  and  actually  had  sought  the 
meeting.  The  deputy  administrator 
was  queried  on  these  statements  and 
answered  them  with  a  couple  of  cryp- 
tic remarks 

Rosenblatt's  Version 

"1  am  completely  indifferent  if  they 
come  in  or  not.  All  have  an  equal 
voice  here,"  he  said.  Later  in  the 
day  he  made  a  flat  denial  that  he  had 
prompted  any  intermediary  to  at- 
tempt  to   heal   the   breach. 

"I  never  sent  for  them  directly  or 
indirectly  and  if  anyone  did  so  it  was 
without  my  knowledge  or  direction." 
he   declared. 

After  he  left  the  evening  meeting 
Rosenblatt  said  the  group  had  asked 
for  a  definition  of  certain  clauses  in 
the  code.  He  said  he  had  supplied 
the  information,  but  refused  to  desig- 
nate what  the  clauses  in  question 
were.  The  independents  told  him  they 
were  preparing  their  stand  in  writ- 
ing and  proposed  submitting  their  an- 
alysis  to   him,   he   concluded. 

Analysis  on  Wednesday 

.\t  10:30  this  evening  a  statement 
issued  from  the  independents,  who 
at  the  time  had  continued  their  meet- 
ing after  Rosenblatt  had  left,  vir- 
tually covered  the  ground  made  by 
Rosenblatt  a  couple  of  hours  earlier, 
but  pointed  out  additionally  that  their 
contemplated  analysis  would  be  ready 
not    later   than   next   Wednesday. 

The  statement  admitted  that  the 
conference  with  Rosenblatt  had  re- 
sulted in  clarification  of  the  disputed 
clauses.  Indicating  their  intention  of 
again  participating  in  the  general  code 
parleys,  the  independents'  statement 
concluded  by  declaring  their  committee 
planned  to  resume  negotiations  on 
labor. 

Regardless  of  their  stand,  Rosenblatt 
is  proceeding  with  what  now  appears 
to  be  the  final  phases  of  the  code. 
While  he  is  expected  to  give  new  at- 
tention to  the  analysis  which  the  in- 
dependents propose  submitting,  there 
is  nothing  to  indicate  he  will  alter  his 
scheduled  plan  of  turning  over  the 
final  draft  of  the  code  to  the  research, 
labor,  industrial  and  consumers' 
boards  of  the  NRA  which,  under  the 
Administration  formula,  must  scan, 
study,  and  perhaps  make  changes,  in 
the  text  before  it  is  turned  over  to 
-Administrator  Hugh  S.  Johnson  on  its 
way  to  the  President. 

Labor    Clauses    Near 

Rosenblatt  stated  tonight  the  exhibi- 
tor labor  provisions  were  "almost  com- 
pleted." 


Jack  Aliller,  chairman  of  the  com- 
mittee, expressed  himself  as  being  in 
agreement  on  this,  but  individual  mem- 
bers of  the  committee  were  not  so 
sure.  Statements  made  by  Al  Fried- 
lander,  sales  manager  of  First  Divis- 
ion, that  the  independents  were 
considering  flooding  the  country  with 
8,000  trailers  demanding  a  government 
investigation  of  the  industry,  drew 
Rosenblatt's  fire  and  ire  when,  in 
reply,  he  pointed  out  that  Administra- 
tor Johnson  was  empowered  to  author- 
ize code  authority  not  to  supply  ex- 
hibitors who  might  run  such  trailers 
with    product. 

Other  code  developments  today 
brought  about  clarification  in  the  setup 
of  the  proposed  grievance-and-clear- 
ance-and-zoning  boards  to  divide  the 
balance  of  power  between  affiliated 
and  unaffiliated  distributors  and  ex- 
hibitors. 

.■\  straight  10  per  cent  cancellation 
on  pictures  averaging  $250  or  less  in 
price  was  obtained  for  exhibitors  by 
Rosenblatt,  who  said  the  arrangement 
was  to  be  flat  with  no  strings  attached. 
Changes  in  the  standard  optional 
license  agreement  clause  also  loomed 
as  a  possibility. 

On  Saturday  Articles  9  and  10  of 
the  producers'  code  will  be  ready,  ac- 
cording to  the  deputy  administrator, 
and  a  meeting  to  discuss  each  held. 


Code  Workers 

Worry  About 

Home  Critics 


Straight  10% 
Cancellation 
Is  Conceded 


{Continued  from  page  1) 
Aug.  8,  through  the  present  third  ef- 
fort to  complete  a  final  draft. 

Some  exhibitor  delegates  have  been 
carrying  on  at  a  direct  sacrifice  of 
their  own  theatre  interests.  One  who 
was  promised  two  film  services  im- 
portant to  his  operation  discovered  to- 
day that  his  competition  had  won  out 
on  the  deal  at  home.  Others  have  had 
no  time  to  buy  new  product  despite 
the  fact  that  the  first  five  weeks  of 
the  new  buying  season  are  already 
gone. 

An  attitude  reflecting  the  thoughts 
that  are  running  through  the  minds  of 
many  exhibitor  codifiers  here  might 
be  summed  up  like  this :  "The  boys  at 
home  haven't  and  won't  understand 
how  tough  a  nut  this  has  been  to 
crack.  Regardless  of  our  viewpoints, 
we  are  trying  to  do  the  best  we  can. 
We  know  we  won't  get  all  we  ask  for, 
but  do  e.xhibitors  in  the  field  under- 
stant  the  situation? 

"After  slaving  for  weeks  on  the 
code  it  is  not  pleasant  to  contemplate 
the  criticism  which  may  be  heaped  on 
our  heads  after  we  get  home.  We're 
afraid  this  is  what's  destined  to  hap- 
pen." 


Richard  Dix  Improves 

Hollywood,  Oct.  6. — The  condition 
of  Richard  Dix,  who  has  been  at  his 
home  in  Santa  Monica  with  influenza 
for  the  past  ten  days,  is  greatly  im- 
proved, although  he  will  not  be  able  to 
return  to  Hollywood  for  another 
week. 


iCijntinned   from    page    1) 

and  carried  neither  ctnnproniise  nor 
concession  of  any  kind  on  the  part 
of   the   exhibitor. 

This  is  an  important  change  in  the 
NRA  code,  which  originally  granted 
a  15  per  cent  cancellation,  but  re- 
maining to  be  cleared  up  is  what  ef- 
fect this  unexpected  development  will 
have  on  the  proposal  that  the  stand- 
ard optional  license  agreement  is  to 
prevail.  Tliat  agreement  contains  a 
distributor  cancellation  clause  of  five, 
five  and  five. 

Rosenblatt  was  queried  on  this 
point  and  he  replied:   "I  don't  know.'' 

The  original  cancellation  proposal 
drawn  by  distributors  conceded  a  15 
per  cent  cancellation  privilege  on  the 
basis  of  a  first  five  per  cent  without 
payment,  the  second  five  with  pay- 
meiU  of  half  the  contract  price  and 
the    final    five   on   payment   in   full. 


Federal  Ban 
Upon  Strikes 
I'o  Be  Sought 


May  Revise  Clause 
On  Standard  Pacts 

(Continued   from   page   1) 

with  another  feature.  Independents 
who  still  insist  the  code  should  specify 
in  writing  that  each  exhibitor  can  set 
his  own  theatre  policy  without  restric- 
tion are  inclined  to  believe  such  riders 
cannot  be  included. 

Several  distributor  sources,  how- 
ever, maintain  riders  such  as  the  above 
fall  into  the  category  of  individual 
company  policy  and  say  they  will  in- 
sist the  code  must  so  provide.  Prac- 
tically all  codifiers  agree  this  par- 
ticular clause  must  be  more  explicit 
in   language  and   therefore  in   intent. 


Article  10  to  Be 
Completed  Today 

(Continued    from    page    1) 

NRA  Administrator  Sol  A.  Rosen- 
blatt, it  will  be  acceptable  to  produc- 
ers and  NRA  alike,  although  today  he 
continued  to  refuse  to  divulge  what  its 
provisions  will  be. 

Article  9,  which,  according  to  gen- 
era! expectations,  will  impose  the 
severest  of  restrictions  on  agents,  is 
ready,  he  said,  adding  he  would  dis- 
cuss this  Saturday  with  Ralph  Blum, 
representing  many  Hollywood  agents  ; 
Louise  Sillcox,  representing  the 
Authors'  League ;  Frank  Gillmore, 
representing  Actors'  Equity,  and  Les- 
ter Cowan,  representing  the  Academy. 
From  producer  quarters  it  was  learned 
that  if  Article  9  is  ready  its  form  is 
rough  and  not  final. 

Article  10  is  "still  in  the  fire- 
works." today  Rosenblatt  said  in  de- 
claring the  deadline  was   Saturday. 


(Coiitini'cd  from   page    \) 

indicating  that  this  procedure  would 
fit  in  with  the  functions  of  the  Na- 
tional Labor  Board  was  a  separate 
development  today.  This  was  the  ap- 
pointment to  the  board  of  four  addi- 
tional members,  making  a  total  of  11, 
because  the  board's  work  was  piling 
up  at  a  rate  too  heavy  for  the  seven 
members  to  handle.  The  appointments 
came  from  President  Roosevelt  at  the 
request  of  Senator  Robert  F.  Wag- 
ner of  New  York,  who  is  the  board 
chairman.  The  appointees  are :  Ed- 
ward N.  Hurley,  Chicago ;  Austin 
Finch,  Thomasville,  N.  C;  George  L. 
Berry,  president  of  the  Printing  Press- 
men's Union,  and  Father  Francis 
Haas,  professor  at  Catholic  Univer- 
sity  here. 

Hurley  and  Finch  will  be  indus- 
trial advisors  and  the  other  two  labor 
advisors,  in  order  to  maintain  the 
balance  of  the  Board's  personnel 
which  is  divided  evenly  between  em- 
ployer   and    employe    representatives. 

Senator  Wagner  today  expressed 
the  opinion  that  the  activities  of  the 
National  Labor  Board  will  become 
an  important  function  of  the  govern- 
ment and  indicated  that  he  planned 
to  have  created  a  number  of  local 
boards  throughout  the  country  com- 
posed of  one  industrial  and  one  labor 
advisor  and  a  third  disinterested 
party  for  adjudication  of  local  labor 
disputes.  The  National  Labor  Board 
v\ould  always  be  available  for  appeal 
from  the  rulings  of  the  contemplated 
local  boards.  Senator  Wagner  indi- 
cated. 

In  this  respect  it  is  interesting  to 
note  that  the  proposed  method  of  han- 
dhng  theatre  labor  differences  under 
the  NRA  film  code  follows  along 
somewhat  similar  lines,  and  that  labor 
is  expressly  prohibited  from  striking 
and  employers  prohibited  from  declar- 
nig  lockouts  pending  determination  of 
any   dispute  which   may  arise. 

Therefore,  if  the  contemplated  law 
outlawing  strikes '  is  passed  at  the 
forthcoming  Congress  session,  the  ex- 
istence of  local  labor  boards  such  as 
Senator  Wagner  has  indicated  he 
will  propose  would  find  machinery  in 
existence  all  over  the  country  to 
carry   out   its   purposes. 


Cameramen's  Kicks 
Reach  Rosenblatt 

(Continued   from   page   1) 

Administrator  Sol  A.  Rosenblatt  de- 
clared tonight,  inferring  at  the  same 
time  that  the  provision  as  now  drawn 
will   stand. 

This  means  a  victory  for  producers 
who  argued  that  changing  crews  while 
pictures  were  in  production  would  im- 
pair quality.  It  was  Howard  Hurd, 
representing  International  Photog- 
raphers' Local  659,  I.A.T.S.E.,  who 
asked  for  fewer  hours  at  correspond- 
ingly reduced  pay  for  cameramen  at 
the  public  hearings  here  on  the  code. 


MOTION  PICTURE 

DAILY 


Saturday,  October  7,    1933 


Hollywood 
Personals 


Hollywood,  Oct.  6 

Mae  West's  next  picture,  "It  Ain't 
No  Sin,"  will  have  its  locale  in  New 
Orleans  where  most  of  the  picture  will 
be  filmed. 

Chester  Conklin  will  not  appear 
in  "Alice  in  Wonderland"  after  all. 
The  role  of  "The  Walrus"  in  which 
he  was  cast  has  been  cut  out. 

Charles  Erwin,  Wallace  Clark, 
Doris  Lloyd  and  Alan  Mowbray 
added  to  the  cast  of  "Long  Lost  Fa- 
ther"   (Radio) 

Bill  Cagney's  first  screen  role  will 
be  opposite  Ginger  Rogers  in  "Sweet 
Cheat."  William  Seiter  directs  (Ra- 
dio). 

George  Barr  Brown  has  been  added 
to  Sol  Wurtzel's  publicity  staff  at  the 
Fox  Western  Avenue  Studio. 

RocHELLE  Hudson  goes  into  the 
cast  of  "Odd  Thursdaj'"  (Fox). 

Leslie  Banks  gets  a  role  as  heavy 
in  "I  Am  Suzanne"   (Lasky-Fox). 


Notables  to  Flock 
To  Dressier  Dinner 

Many  notables  have  accepted  invi- 
tations to  serve  as  an  honorary  com- 
mittee in  connection  with  the  testi- 
monial dinner  to  be  given  for  Marie 
Dressier  at  the  Hotel  Roosevelt  Tues- 
day evening.  Mrs.  Oliver  Harriman 
is  chairman  and  Miss  Maida  Reed 
vice-chairman  of  the  committee. 

Other  members  are :  Adolph  S. 
Ochs,  Frank  L.  Polk,  former  Secre- 
tary of  State ;  Nicholas  M.  Schenck, 
Margaret  Sanger,  Arthur  Loew,  Mrs. 
S.  Stanwood  Menken,  Richard  C.  Pat- 
terson, Jr. ;  Mrs.  Ogden  Reid,  Mrs. 
Charles  H.  Sabin,  Mrs.  Charles  Rum- 
sey,  Daniel  Frohman,  Fannie  Hurst, 
John  Golden,  George  Gordon  Battle, 
A.  C.  Blumenthal,  Major  Edward 
Bowes,  Samuel  L.  Rothafel,  Gene 
Buck,  Nathan  Burkan,  Mrs.  Henry  P. 
Davison,  Harold  B.  Franklin,  Crosby 
Gaige,  John  Hays  Hammond,  Mrs. 
William  Harkness ;  General  John  F. 
O'Ryan,  Sidney  C.  Borg,  Airs.  Will- 
iam Belknap,  Conde  Nast,  Bernarr 
Macfadden,  T.  J.  Watson,  Irvin  S. 
Cobb  and  M.  H.  Aylesworth. 

Mrs.  Franklin  D.  Roosevelt,  Amelia 
Earhart,  Secretary  of  Labor  Frances 
Perkins,  George  M.  Cohan,  Otis  Skin- 
ner and  Helen  Hayes  will  sit  at  the 
speakers'  table  with  Miss  Dressier. 

The  dinner  will  be  placed  on  the  air 
by  WJZ  from  9:30  to  10:30  P.  M. 

Plans  are  under  way  for  a  national 
observance  of  Marie  Dressler's  64th 
birthday  on  Nov.  9.  Marie  Dressier 
Birthday  Clubs  are  to  be  organized 
across  the  country,  with  special  pro- 
grams in  theatres,  radio  "salutes"  and 
greetings  by  telegraph,  cable,  mail  and 
even  television.  Mrs.  Ralph  Hitz  is 
heading  the  movement  in  New  York. 


In  Washington  Once  More 


Renee  Adoree  Services 

Hollywood,  Oct.  6.— Funeral  ser- 
vices for  Renee  Adoree  will  be  held 
Monday  morning  at  11  o'clock  at  the 
Hollywood  Cemetery  chapel. 


Washington,  Oct.  6. — Dave  Barrist  says  throwing  his  lot  with  the  in- 
surgent group  has  nothing  to  do  with  the  M.P.T.O.  of  Pennsylvania  affiliation 
with  the  National  M.P.T.O. A.  He  insists  he's  here  attending  code  pow-wows 
as  a  representative  of  an  individual  unit  and  that  Deputy  Administrator  Sol 
A.  Rosenblatt  so  understands  it. 

• 

Bill  Jaffee  of  the  Burkan  office,  who  is  attorney  for  Columbia,  ran  into  a 
heav^  cold  and  has  been  compelled  to  spend  much  time  in  bed. 

• 

When  the  ball  game  came  along  codifying  was  dropped.  Seems  Ed  Schiller 
hadn't  missed  a  World  Series  game  in  20  years  and  that  Rosenblatt  under- 
stood how  it  all  was.  At  any  rate,  everybody  who  wanted  the  break  got  it. 
The  film  business,  as  a  consequence,  was  well  represented  at  the  field  on 
Thursday. 

• 

Bob  Rubin  hopes  fond  hopes.  He  thinks  he  will  be  home  for  Thanksgiving 
dinner.     Others  aren't  so  sure. 

Freddie  Meyer  managed  to  get  plenty  of  rest  back  home  in  Milwaukee 
between  the  second  and  third  code  stanzas,  but  that's  all  behind  him  now. 

• 
Most   of  the  codifiers   found   much  of   Rosenblatt's   phraseology   extremely 
legal.     This  accounts  for  the  sundry  interpretations  placed  by  different  men 
on  the  same  clauses. 

• 
Sherman  Krellberg  has  been  around,  but  on  private,  not  code  business. 

Harry  M.  Warner  gets  in  his  golf,  everything  notwithstanding. 

• 
S.  R.  Kent  continues  to   smile.     Also  to  have  his  doubts  about  this  code 
business.     One  of  his  principal  concerns  is  when  he  will  be  able  to  get  back 
to  New  York  to  conduct  normal  film  business. 

• 
All  of  the  New  York  group  shudder  whenever  its  members  think  of  how 
desks  are  piling  up  with  this  and  that. 

And   Carl   Laemmle   is   enjoying  Europe. 

Will  Hays,  it  seems,  is  keeping  far  in  the  background. 

Earl  Bright,  his  secretary,  continues  to  hope  he'll  see  New  York  again  this 
year. 

• 
Harold  B.  Franklin  was  seen  today  walking  up  and  down  the  Mayflower 
lobby,  immersed  in  thought.     Everybody  was  properly  sympathetic. 

• 
Not  much  emanates  from  the  Willard  where  the  Labor  Group  holds  forth. 
Much,  however,  is  going  on  there. 

• 
Mrs.  Ed  Kuykendall,  tired  of  waiting  for  her  husband,  gave  it  up  as  a  bad 
job  and  returned  to  Columbus,  Miss.,  today. 

• 
Nate  Golden  is  codifying  on  his  own.     It's  the  Supply  Dealers'  Agreement, 
however.     He's  Government  Advisor  on  that  one. 


Strikes  Hit  Houses 
In  Pittsburgh  Area 

(.Continued  from   pafie   1) 

Allegheny  county  alone  are  out  of 
work. 

The  drop  in  grosses  has  alarmed 
local  circuit  chiefs,  with  Ambridge, 
Pa. ;  Clairton,  Pa. ;  Weirton,  W.  Wa. ; 
Steubenville,  O.,  and  Monessen,  Pa., 
all  within  a  radius  of  30  miles,  par- 
ticularly hard  hit. 

Business  has  further  been  affected 
by  the  riots  among  pickets,  non-union 
workers  and  state  and  local  police. 
Prospective  customers,  those  not  ac- 
tively interested  in  the  strike,  are 
afraid  to  venture  out  on  the  streets 
at  night. 


Set  Pittsburgh  Campaign 

Pittsburgh,  Oct.  6.— Mort  Blumen- 
stock,  head  of  the  Warner  theatre  ad- 
vertising department,  is  here  lining 
up  a  campaign  for  the  opening  of 
"Footlight  Parade"  at  the  Stanley 
Oct.  16. 


Missouri  Governor 
Leaves  Taxes  Open 

(Continued  from   page    1) 

ture  for  Oct.  17,  left  up  to  the  law- 
makers the  form  of  additional  taxa- 
tion that  is  needed  to  tide  the  state 
over  the   financial   emergency. 

(jovernor  Park  proposed  that  the 
legislature  decide  among  a  general 
sales  tax,  a  gross  sales  levy — either 
one  of  which  would  hit  theatres — or 
any  other  method  of  raising  revenue. 
The  governor  indicated,  however,  he 
would  be  more  specific  in  his  recom- 
mendations after  the  legislature  con- 
venes. 

Hiking  of  the  corporation  fran- 
chise tax  and  outright  removal  of  the 
five-cent  general  property  tax  were 
among  the   recommendations. 


Roy  Disney  Eastbound 

Hollywood,  Oct.  6. — Roy  Disney, 
business  manager  for  Walt  Disney 
Productions,  left  for  New  York  to- 
day to  attend  a  conference  at  the 
United  Artists  home  office. 


New  Plan  for 
Dent-Publix 
Is  Approved 


Reorganization  of  a  fourth  impor- 
tant Publix  theatre  unit  in  two  days 
was  furthered  yesterday  with  ap- 
proval by  Referee  Henry  K.  Davis 
of  the  organization  by  Paramount 
Publix  trustees  of  a  new  corporation 
to  take  over  and  operate  the  Dent 
Circuit  of  54  Texas  and  New  Mex- 
ico  houses. 

Under  the  terms  of  the  deal,  Karl 
Hoblitzelle  of  Dallas  becomes  the 
Publix  operating  partner  for  the  cir- 
cuit and  will  pay  the  Paramount  trus- 
tees $50,000  in  cash  for  all  of  the 
Class  A  stock  of  the  new  operating 
corporation.  This  stock  carries  the 
right  to  elect  two  directors,  the  pres- 
ident and  treasurer  of  the  new  cor- 
poration. All  of  the  Class  B  stock, 
representing  50  per  cent  of  new  stock 
outstanding  of  the  corporation  to  be 
organized,  will  be  held  by  Paramount. 
It  carries  the  right  to  elect  two  di- 
rectors, the  vice  president  and  secre- 
tary   of   the   corporation. 

Paramount  will  also  receive  two 
income  debenture  issues  of  $800,000 
and  $700,000  each  of  the  new  corpo- 
ration. In  addition.  Paramount  re- 
tains a  six-month  emergency  re-pur- 
chase agreement  and  two  additional 
re-purchase  provisions  which  may  be 
exercised  at  its  discretion  after  the 
six-month    period. 

Postponement  until  Oct.  13  of  the 
deal  for  the  Publix  Detroit  theatres 
was  asked  by  the  trustees  and 
granted.  Bids  for  this  group  have 
been  made  by  both  John  Balaban, 
Publix-B.  &  K.  executive,  and  George 
Trendle,  former  operator  of  the  De- 
troit houses.  Other  matters  involv- 
ing the  Paramount  Astoria  studio 
and  laboratory ;  a  claim  against  Par- 
amount filed  by  Walter  Reade,  and 
a  claim  of  the  bankrupt's  against  Fox 
Film  over  West  Coast  theatre  leases 
were  also  postponed  to  Oct.    13. 


CLASSIFIED 
DIRECTORY 

WHERE    TO  GET 
WHAT    YOU    WANT 


EQUIPMENT 


S.   O.   S.    CORPORATION 

Used  Equipment  Bought  >nd  Sold 

Largest  Clearing  House  In  Shov  Busineai 

1600  Broadway         CH.    4-1717  New  York  Cltr 


PROJECTION  ROOMS 


AUDIO  PUBLIX  PBOJECnON  BOOM,  INC. 
Efficient    Serrice    with    ECA    Sound — Lowest    Rates 
Room    714,    630    -    9th    Ave.,    CHickering    4-8415 


SOUND  STUDIOS 


SEIDEN    SOUND   STUDIO 

Let     us     flsure     your     sound     test     mots 

and    synchronization    work.     Prices  right. 

33  W.  60th  St.         BBy.   9-3951-3949  N.   T.  C. 


THEATRE  SUPPLIES 


VOETKAMP   &   COMPANT 

Lamps  and  Carbons 

All   Other  Theatre  Suppliei 

1600   Broadway  CH.    4-SB60  N.   T.   Al 


The  Leading 
Daily 
|f  ewspaper 

%«.<*':^'->'^  <  ■ 
Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  ; , 

Faithfiir;    I 
Service  to 
the  Industry 
in  All 
Branches 


;^0L.  34.   NO.  84 


NEW  YORK,  MONDAY,  OCTOBER  9,  1933 


TEN  CENTS 


See  No  Price 
Jumps  Ahead 
In  Baltimore 


\ight  25c  Neighborhood 
Rate  Is  Standard 


Baltimore,  Oct.  8. — There  is  no 
:alk  here  at  present  about  raising  ad- 
Tiission  prices.  Executives  of  Asso- 
:iated  Theatres,  Inc.,  of  which  J. 
Louis  Rome  is  managing  director,  be- 
ieve  the  present  top  night  price  of 
IS  cents  for  adults  will  be  kept  as  the 
standard  for  residential  houses. 

Isador  M.  Rappaport,  Hippodrome 
jwner,  says  he  has  not  gone  into  the 
-natter    of    increasing    prices. 

The  Philip  J.  Sheck  interests  have 
iusl  raised  scales  for  adults  at  night 
:rom  20  to  25  cents  for  the  Lord  Bal- 
;imore.  A  25-cent  top  night  price 
:or  adults  will  be  maintained  by  the 
Frank  H.   Durkee  interests  and  they 

(Continued  on  page  7) 


Richmond  Theatres 
Are  Feeling  Pickup 

Richmond,  Oct.  8. — Business  is  on 
he  upgrade  in  local  houses.  The  im- 
jrovement  was  first  noted  in  June  and 
t  has  been  accelerated  by  the  NRA 
Irive,  according  to  leading  managers. 

One  indication  of  the  return  of  bet- 
:er  times  is  the  amount  of  redecorat- 
ng  and  remodelling  now  under  way. 

The  Broadway,  practically  recon- 
structed, will  be  ready  Oct.  29.  Work 
s  now  under  way  at  the  State.  The 
{Continued  on  page  7) 


Midwest  Vaudeville 
Circuit  Is  Planned 

Kansas  City,  Oct.  8. — A  Chicago 
booking  agency  is  attempting  to  es- 
tablish a  vaudeville  circuit  in  Kansas, 
Missouri,  Iowa  and  Nebraska,  accord- 
ing to  Irwin  Dubinsky  of  Dubinsky 
Bros.  Theatres. 

Several  houses  that  added  vaudeville 
this  fall  may  be  included  in  the  cir- 
cuit. Dubinsky  Bros,  recently  brought 
stage  shows  back  to  the  Electric,   St. 

{Continued  on  page  7) 


Wobber  on  Another 
Tour  of  Exchanges 

Herman  Wobber  leaves  today  for 
Detroit  on  the  first  lap  of  a  second 
tour  of  Fox  exchanges  in  conjunction 
with  sales  talks  on  the  Kent  Drive. 
Western  Division  Manager  W.  J. 
Kupper  accompanies  him.  Last  Satur- 
day Wobber  spoke  to  New  York  ex- 
change employes  for  the  second  time. 
(Continued  on  page  7) 


$2,000  a  Week  Viewed  as 
Second  Line  Salary  Top 


Poll  Believed 
Set  to  Regain 
Circuit  Soon 


With  the  foreclosure  sale  of  the 
Fox  New  England  circuit  set  for  Oct. 
26,  the  houses  are  slated  to  return 
to  S.  Z.  Poli  on  that  date.  Poli  owns 
$14,000,000  worth  of  bonds,  and  in 
order  for  anyone  to  get  the  houses  the 
bidder  will  have  to  go  above  Poli's 
interest.  The  circuit  is  now  being 
operated  by  a  group  of  three  receivers, 
represented  by  Louis  M.  Sagal. 

N.  L.  Nathanson  will  become  finan- 
cially interested  in  the  group  of  the- 
atres when  he  puts  up  approximately 
$800,000  for  back  interest  and  other 
accumulated  debts.  This  is  a  personal 
interest  the  Canadian  will  have  in  the 
houses. 

Loew's  is  understood  set  to  take 
over  management  of  the  New  Eng- 
land   houses    the    latter    part    of    the 

(Continued  on  page  2) 


Predicts  Early  Use 
For  ** Radio-Vision'* 

Kansas  City,  Oct.  8. — The  "radio- 
vision"  theatre,  presenting  programs 
transmitted  by  television,  is  nearer 
perfection  than  is  commonly  believed 
outside  of  research  and  television  ex- 
perimental circles,  according  to  R.  G. 
Tannehill,  with  First  National  Tele- 
vision, Inc.,  of  Kansas  City. 

Development  of  the  "iconoscope" 
tube,  a  super  photocell  holding  3,000,- 

(Continued  on  page  7) 


Confirmed 

Washington,  Oct.  8.— Some 
of  the  codifiers  went  into 
their  wee  hour  pastime  last 
night,  which  means  visiting 
Child's  on  Pennsylvania  Ave- 
nue for  griddle  cakes,  et  al. 

One  of  them  noticed  what 
looked  like  Christmas  trees 
reposing  on  one  of  the  count- 
ers. The  immediate  conclusion 
was  that  reports,  current 
right  along,  that  the  code 
business  would  run  to  the 
holidays,  were  now  confirmed. 


Nathanson  Is 
Silent  About 
British  Cash 


Toronto,  Oct.  8.— Whether  or  not 
N.  L.  Nathanson  secured  financing 
during  his  stay  in  England,  through 
which  he  can  make  an  offer  to  Para- 
mount Publix  for  Famous  Players 
Canadian  Corp.,  is  still  an  un- 
answered question,  as  Nathanson  has 
had  nothing  to  say  publicly  since  his 
return  here  recently. 

Nathanson  is  known  to  be  anxious 
to  have  control  of  Famous  Players 
back  in  Canada  under  his  direction, 
and  one  place  to  look  for  money  is 
England.       Gaumont    is    linked    with 

(Continued  on  page  7) 


Cite  Unfair  Agent  Tactics 
To  Prove  Check  is  Needed 


Washington,  Oct.  8. — Major  pro- 
ducers maintain  they  have  a  case 
against  unscrupulous  agents.  They 
say  they  can  back  up  with  facts 
and  figures  their  contention  that 
agents  must  be  checked  in  the  code 
or  producers  continue  to  face  losses 
and  increased  operating  overhead  in 
the  form  of  excessive  salaries. 

A  wealth  of  data  supporting  these 
claims  has  been  submitted  to  Deputy 
Administrator  Sol  A.  Rosenblatt  for 
him  to  ponder  over  in  determining 
just  how  far  Article  9  of  the  produ- 


cers' code,  which  deals  with  agents, 
is  to  go. 

Typical  of  the  incidents  turned  over 
to  the  deputy  administrator  and  the 
charges   set   forth   are   these : 

An  actor,  signed  with  a  producer 
on  a  contract  which  specifically  pro- 
vided the  player  could  be  "farmed" 
to  other  producers  in  the  event  the 
picture  and  the  role  were  in  keeping 
with  the  actor's  standing,  refused  to 
work  elsewhere  because  his  agent 
insisted  on  payment  of  a  bonus  before 
(Continued  on  page  6) 


White  House  Insists  on 

Slashes,  Is  Report — 

Producers  at  Sea 


By  RED  KANN 

Washington,  Oct.  8. — Salaries  up 
to  $2,000  a  week  are  justifiable  if 
those  paid  that  figure  deliver,  but  be- 
yond that  level  they  are  not.  That 
goes  for  Hollywood  and  New  York, 
for  stars  and  directors,  producers  and 
executives. 

It  is  impossible  to  confirm  this  be- 
cause all  mouths  are  remaining  tight- 
ly clamped,  but  this  word  neverthe- 
less is  authoritatively  reported  to 
have  been  passed  on  to  major  pro- 
ducers by  Administrator  Hugh  S. 
Johnson  at  a  joint  conference  held 
in  the  latter's  office  in  the  Depart- 
ment of  Commerce  Building  Saturday 
evening. 

There  is  every  substantial  reason 
to  believe  Johnson  was  not  talking  on 
his  own,  but  that  what  he  had  to  say 
reflected  the  viewpoint  of  President 
Roosevelt,  who  once  before  is  de- 
clared td  have  informed  major  com- 
panies that  as  the  Administration 
viewed  it  many  salaries  in  the  in- 
dustry were  excessive  and  had  to  be 
deflated.  It  is  understood  there  was 
explained  to  him  the  difficulty  of 
working  out  a  formula  to  conform 
to  this  viewpoint  and  that  Johnson  in 
his  usual   fiery  style,   accompanied  by 

(Continued  on  page  6) 


First  Code  Signers 

Washington,  Oct.  8.— First 
signatories  of  the  code  are 
understood  to  be  Morgan 
Walsh  and  L.  S.  Hamm,  rep- 
resenting the  I.T.O.  of  North- 
ern California,  who  left  for 
San  Francisco  late  Saturday 
evening. 

Harry  Brandt,  president  of 
the  I.T.O.A.  of  New  York,  is* 
understood  to  be  another, 
while  Jack  Miller,  represent- 
ing the  Chicago  Exhibitor's 
Assn.,  is  reported  to  be  a 
third.  Miller's  signature, 
however,  is  declared  to  be  ef- 
fective upon  the  condition 
and  the  understanding  labor 
clauses  are  finally  voted  as 
discussed  by  him  as  chairman 
of  the  exhibitors'  labor  com- 
mittee. 


MOTIOH  PICTU&E 

DAILY 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


Vol. 


October  9,  193.? 


No.  84 


Martin  Quigley 

Edilor-m-Chief   and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^>^f\^  PUBLISHED  daily,  except  Sunday 
f  jl  J  and  holidays,  by  Motion  Picture 
X*|^  Daily,  Inc.,  a  Quigley  Publication. 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

"London  correspondent:  WT  H.  Mooring 
41  Redhill  Drive,  Edgware,  London,  Eng' 
land.  Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener 
strasse  37,  Berlin,  W.  9.  Paris  corres 
pondent:  Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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:     Canada    and    foreign     »ii>oou«.».t 
$15.      Single   copies:    10   cents. 


vNRA. 


Looking    ^Em    Over 


The  Deluge' 


( Sam  ucl  B  isch  off -Radio ) 

A  fantastic  theme,  that  of  the  destruction  of  New  York  by  a  deluge,  is 
employed  here  to  supply  situations  which  provide  a  fair  measure  of  action, 
susi>ense  and  romance,  despite  the  almost  incredible  background  against 
which  the  story  is  pictured.  An  ending  which  appears  even  more  incredible 
tlian  the  tlienie  itself  has  been  utilized  as,  i)erhaps,  the  easiest  way  of  solving 
a  romantic  "triangle"  and  more  or  less  provides  the  climax  for  all  of  the 
unrealities   whicli   have   preceded   it. 

Among  the  survivors  of  the  deluge  are  Sidney  Blackmer,  his  wife,  Lois 
Wilson,  and  their  two  children.  They  become  separated,  with  the  wife  and 
children  eventually  finding  a  large  community  of  survivors.  Blackmer  finds 
himself  on  an  untenanted  island  and  proceeds  to  build  himself  a  home. 
Peggy  Shannon,  escaping  from  two  male  pursuers  on  a  neighboring  island, 
is  found  by  Blackmer.  Fred  Kohler,  one  of  the  girl's  pursuers,  follows  her 
to  the  island,  captures  her  and  takes  her  to  the  hideout  of  a  gang  of  outlaws 
who  were  driven  from  the  larger  inland  community  by  the  law-abiding 
element.  She  is  later  rescued  l)y  Blackmer  and  the  two  take  refuge  from 
the  gang  in  a  cave,  from  which  they  are  rescued  by  a  posse  from  the 
settlement. 

Blackmer  and  Miss  Shannon  are  returned  to  the  settlement,  where  he  is 
reunited  with  his  wife  and  family.  Miss  Shannon,  in  love  with  Blackmer, 
solves  tiie  resultant  triangle  by  walking,-  to  the  ocean's  edge  and  swimming 
eastward. 

Also  in  the  cast  are  Matt  Moore,  Edward  Van  Sloan,  Ralf  flarolde  and 
Samuel    Hinds. 


i  Purely 
Personal  ► 


MORT  BLUMENSTOCK,  War- 
ner theatre  advertising  head,  re- 
turns today  from  a  flying  trip  to  New 
Maven,  Washington,  Pittsburgh  and 
Philadelphia  on  "Footlight  Parade" 
campaigns. 

Lena  Malena,  who  retired  from 
the  screen  two  years  ago  after  her 
marriage,  comes  back  in  "What  a 
Wife,"  Coronet  comedy,  for  Educa- 
tional. 

Billy  Jones  and  Ernie  Hare 
start  their  second  week  of  commer- 
cial broadcasting  from  the  Old  Roxy 
stage   tonight. 

Steve  Evans  has  been  added  to 
the  stage  show  at  the  Old  Roxy  this 
week. 


Cleveland  Dual  Ban 
On  Oct,  15  Up  Again 

Cleveland.  Oct.  8. — The  Cleveland 
M.  P.  Exhibitors'  Ass'n  has  re- 
affirmed a  previous  motion  to  cut 
duals  down  to  one  showing  a  week 
starting   Oct.    15. 

The  association  is  protesting  a  new 
advertising  policy  on  films  in  Thr 
Plain  Dealer.  This  newspaper  has 
notified  theatres  that  unless  they  use 
a  minimum  of  two  lines  a  day,  six 
days  a  week,  in  the  theatre  directory, 
they  cannot  place  advertising  in  the 
theatres  directory  of  the  Sunday  edi- 
tion. Those  excluded  from  the  Sunday 
directory  will  be  obliged  to  use  gen- 
eral advertising  space  at  55  cents  a 
line  with  a  minimum  of  14  lines.  The 
directory  space  rate  is  30  cents  a  line. 


M-G-M  Train  in  Ohio 

Cleveland.  Oct.  8.— Eddie  Carrier 
and  the  M-G-M  traveling  studio  are 
in  the  state  making  stops  in  70  towns 
in  northern  Ohio.  To  date,  screen 
test  contests  have  been  arranged  to 
be  held  in  Toledo  and  Cleveland.  The 
studio  train  will  be  in  Ohio  until 
Nov.    1. 


Seek  Schertzinger 
Testimony  in  Suit 

Buffalo,  Oct.  8.— Permission  to 
have  a  commission  examine  Victor 
Schertzinger,  composer  and  film  di- 
rector, in  Hollywood  has  been  obtained 
by  Marvin  Radnor,  Buffalo  composer, 
from  Supreme  Court  Justice  Thomas 
H.  Noonan.  Schertzinger  is  to  make 
a  deposition  as  to  whether  he  ever 
knew  Radnor  or  ever  saw  or  heard 
Radnor's  songs,  "The  Eyes  of  Love," 
"Secrets"  and  "Little  Boy  Blue." 

Radnor  has  sued  Schertzinger  and 
Harms,  Inc.,  and  its  subsidiaries,  al- 
leging parts  of  those  songs  were 
"pirated"  into  "My  Love  Parade"  and 
"Dream  Lover,"  sung  by  Maurice 
Chevalier  in  the  Paramount  film,  "The 
Love  Parade,"  and  later  published  by 
Harms  under  Schertzinger's  signature. 

Swanson  Refuses  Role 

HoLLYWOon,  Oct.  8.— Gloria  Swan- 
son  has  turned  down  an  offer  from 
Paramount  to  play  a  role  in  "Mrs. 
Fane's  Baby  Is  Stolen,"  leaving  Jo- 
seph I.  Schnitzer  to  find  another  buyer 
for  her  services.  Reports  have  Cecil 
de  Mille  considering  a  story  for  which 
the  star  may  be  waiting. 


Brenon  Back  in  Films 

HoLLYwcKM),  Oct.  8.— Herbert  Bren- 
on, who  declared  he  was  through  with 
pictures  and  would  devote  himself  to 
directing  plays  for  the  radio,  has 
signed  with  I.  E.  Chadwick  to  direct 
"Wine,  Women  and  Song." 


^MiilimiiiiiiiiHriiiiiHtuiMiiii 


BEN  BLUEl 

Starring  In  Series         I 

WARNER  BROS.  I 
SHORTS 


Produced  by 
SAM  SAX 


Directed  by 
RALPH  STAUB 


Dirtcliom:    LEO    MORRISON 

MimiiimirtiiiHrHMiiirnMiiiiMMMiriiinrtnuiiNniiiiiiiiiiiiMiiiiiiiiiiriiiiiiiiMiiHiiii 


Loew's  Pfd  Off  Two  Points 


High 

rmiscilidatrfl   Film   TiuUistries,   pfd 91/ 

Eastman    Kodak 79,/ 

Fox  Film  "A" ;;;.";:::::."  15.4 

Loew  s,    Inc 32'/ 

1-oew's  Inc..  pfd 73 

Patlie  Exchange !.]..!!!!  \y^ 

Pathe  Exchange  "A" a\/, 

RKo * :::::::::::  24 

Universal   Pictures,  pfd 23 

Warner   Bros "g 


Low 

\%Va 
32K 
73 

23 

m 


Net 
Close    Change 

9J^ 


79'/, 
1554 
32^ 
73 

9V4 

23 


-'/ 

-  'A 
+  Vx 
-2 
-I-  '/« 

-f-  'A 


Technicolor  Gains  V4  Point 


Toclinicolor 


Net 
High      Low      Close    Change 

.   11  10^        10'/        +  '/ 


Paramount  Bonds  Show  Rise 


High 

r.eneral  Theatre  Equipment  6s  '40 5 

Keith  B.  F.  6s  '46 451^ 

Paramoimt  Broadwav  5'/^s  '51 33^^ 

Paramount  F.  L.  6s  '47. 34^ 

Paramount  Publix  5^s  'SO 33'/i 

Warner  Bros.  6s  '39,  wd 46 


Low 

5 
4S'/ 
3354 
34 
33'4 
45 


Net 
Close    Change 


5 
45'/ 
33?4 
MVi 
33'/ 
45^ 


-  '/ 
-I-  '/ 
-I-  •/ 
+m 
+3'/« 
+1 


Sales 

ino 

300 

100 

300 
100 
100 
900 
200 
10 

9nn 


Sales 

1.900 


Sales 

9 

1 
2 
5 
2 
18 


Monday,  October  9,    1933 


B'way  S how-Window 

ASTOR — "Dinner  at  Eight"  (M-G- 
M) — reviewed   Aug.   29. 

Cameo — "My  Weakness"  (Fox) — 
reviewed   Sept.   23. 

Capitol— "Night  Flight"  (M-G-M) 
— reviewed    Aug.    23. 

Criterion— "S.  O.  S.  Iceberg" 
(Univ.) — reviewed   Sept.   23. 

Gaiety— "Berkley  Square"  (Fox) 
—reviewed   July  5. 

Hollywood — "I  Loved  a  Woman" 
(F.   N.) — reviewed   Sept.  22. 

Mayfair— "The  Good  Compan- 
ions"  (Fox) — opening  today. 

Palace — "Bureau  of  Missing  Per- 
sons"   (F.   N.)— reviewed   Sept.  2. 

Paramount— "The  Torch  Singer" 
(Para.) — reviewed   Oct.    7. 

Radio  City  Music  Hall— "Doctor 
Bull"    (FoxJ — reviewed   Oct.    5. 

Rialto — "Deluge" — reviewed  today. 

RivoLi— "The  Bowery"  (U.  A.)— 
reviewed   Sept.   28. 

RKO  Ro.XY — Saturday  to  Tuesday 
— "Power  and  the  Glory"  (Fox)— 
discussed  in  The  Pay  Off  July  5. 
Wednesday  to  Friday — "My  Weak- 
ness"   (Fox) — reviewed    Sept.    23. 

Roxy — "Charlie  Chan's  Greatest 
Case"    (Fox) — reviewed   Oct.   7. 

Strand— "Footlight  Parade"  (War- 
ners)— reviewed    Sept.    30. 


Poli  Believed 
Set  to  Regain 
Circuit  Soon 


(.Continued  from  page  I) 

month  under  a  percentage  of  profits 
arrangements  said  to  be  made  with 
Nathanson.  Who  will  be  placed  in 
charge  of  the  houses  under  the  Loew 
regime  has  not  yet  been  settled. 

Harry  Arthur  operated  the  houses 
for  the  receivers  under  a  tacit  agree- 
ment for  some  time  and  recently  gave 
up  the  post  to  concentrate  all  his  time 
with  F.  &  M.  Stageshows,  Inc.,  of 
which  he  is  vice-president.  He  pre- 
viously had  the  houses  as  a  part  of  his 
own  circuit,  but  dropped  them.  He  now 
operates  four  New  England  theatres 
and  contemplates  acquiring  more  in 
this  territory. 


''Pigs"  Back  in  Buffalo 

Buffalo,  Oct.  8.— Walt  Di.sney's 
"Three  Little  Pigs,"  which  first 
played  the  Hippodrome  more  than  a 
month  ago,  has  been  brought  back  to 
the  Century,  both  Shea  houses.  This 
IS  believed  to  be  the  first  time  in 
Buffalo  history  that  a  short  subject 
has  played  a  repeat  date  in  a  first 
run   house. 


3  Para.  Ad  Sales  Changes 

Don  Velde,  ad  sales  manager  of 
Paramount,  has  appointed  H.  A. 
Brunies  in  charge  of  ad  sales  at  the 
New  Orleans  exchange,  succeeding 
W.  W.  Caldwell;  Burns  Warden  has 
succeeded  P.  Allison  at  the  Chicago 
office  and  Louis  Aurelio  has  replaced 
Warden  at  Milwaukee. 


Zukor  Due  Tomorrow 

Adolph  Zukor  arrives  tomorrow 
from  the  coast.  He  spent  several 
weeks  in  Hollywood  and  last  week 
recovered  from  an  illness  which  kept 
him    in  a   hospital   for  a  week. 


"Diggers**  to  4  Circuits 

RK(3,  Century,  Prudential  and 
Consolidated  circuits  in  New  York 
have  signed  up  for  "Gold  Diggers  of 
1933." 


Universal's  New  Deal! 


A 


CONSOLIDATED 
AMUSEMENT  CO. 

of  HONOLULU 


signs  for 


UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


H       Thanks,  gentlemen,  for  your  confidence 
in  Universal  Pictures.  We  will  do  our  part. 


iHon 


^   ^  a 

■^     •»    w 


MOTION  PlcrVKE 

DAILY 


Monday,  October  9,    1933 


$2,000  Weekly  Maximum  Salary 


Capitol  Seen 
Insisting  on 
This  Figure 


(Continued  from  page  1) 
fists  pounding  on  desks,  informed  the 
pruducers  tliey  would  have  to  arrive 
at  a  method  among  themselves  or  take 
as  an  alternative  a  method  furnished 
bv  the  NRA. 

'As  sensational  as  this  development 
was,  executives  of  the  major  com- 
panies are  declared  to  have  been 
thrown  into  further  turmoil  by  a 
subsequent  statement  attributed  to 
Johnson  in  which  he  is  reported  to 
have  said  the  Administration  stood 
ready  to  itself  approve  all  contracts 
in  a  determined  effort  to  see  that  the 
$2,000  maximum  is  not  exceeded. 

Diflficult  as  it  is  for  the  major  firms 
to  evolve  a  workable  plan  here,  unless 
the  industry  members  can  reach  an  ac- 
cord among  themselves,  is  a  threat  of 
an  arbiter  to  be  appointed  by  the  gov- 
ernment specifically  charged  with  the 
responsibility  of  seeing  to  it  that  the 
separate  viewpoints  of  the  industry  and 
the  Administration  are  made  one — the 
Administration's  way. 

Producers  met  at  11  this  morning. 
Their  lawyers  an  hour  later,  and  to- 
night the  mandate  from  high  quarters 
again  was  submitted  to  arguments 
which  have  been  almost  perpetual  for 
the  last  three  weeks.  Indications  are 
now  that  the  salary  fixing  commission 
which  was  written  into  the  original 
Article  10  in  New  York  was  insistent 
excessive  salaries  must  be  curtailed 
will  remain. 

Majors  Not  Unanimous 
Yet  there  continues  to  be  no 
unanimity  in  the  major  producer 
ranks.  Hays'  members  are  divided  on 
this  issue.  It  is  reliably  learned  that  in 
favor  of  a  salary  board  are  M-G-M, 
Pararrjount,  Warners,  RKO  and  Fox, 
and  opposed  are  Universal,  Columbia, 
United  Artists  and  individual  pro- 
ducers like  Samuel  Goldwyn,  Mary 
Pickford,  Douglas  Fairbanks  and 
Charles  Chaplin. 

The"  opposing  group  is  believed  to 
be  centering  its  arguments  on  instances 
illustrated  by  a  theoretical  case  such 
as  this:  Its  members  say  that  if  an 
actor's  salary  is  to  be  fixed  by  law  at 
$2,000,  they  will  have  little  or  no 
chance  in  the  bidding  for  talent.  They 
insist  that  since  talent's  income  can- 
not go  beyond  a  fixed  figure  it  will 
be  the  talent's  inclination  to  swing 
toward  the  producers  who  are  active 
in  the  theatre  field  on  the  theory  that 
since  their  earning  capacities  are  to 
be  regulated  for  them  their  next  best 
choice  would  be  to  place  their  future 
with  those  companies  which  can  assure 
them  the  widest  of  theatre  outlets. 

While  this  situation  which  has  no 
precedent  in  the  history  of  the  busi- 
ness was  being  gone  over  and  over 
again  those  remaininng  members  on 
the  exhibitors'  committee  met  separate- 
ly to  discuss  clauses  in  the  NRA 
draft  which  affect  them.  Differences 
in  the  ranks  of  the  MPTOA  are  not 
satisfied  with  the  code  as  it  now  stands 
and   propose  talking   it   out   until   its 


delegates  secure  the  best  concessions 
they  can.  Among  its  rallying  cries 
are  elimination  of  score  charges,  dis- 
continuance of  shorts  sales  tied  in  with 
features  and  elimination  of  designated 
playdates.  Ed  Kuykendall  made  his 
stand  clear  in  a  statement  issued  to- 
night, in  which  he  said: 

"Many  uiniors  .Tre  in  circulation  concern- 
ing the  positoin  of  the  MPTOA  in  regard 
to  the  tentative  code  submitted  by  Deputy 
Adnnnistrator  Sol  A.  Rosenblatt.  Let  me 
emphasize  the  fact  that  we  have  from  the 
start  of  the  conferences  stood  for  the  fol- 
lowing fundamental  practices  and  will  con- 
tiiuie  to  do  so:  Elimination  of  score  charges 
(liscontimiance  of  the  practice  of  tieing  in 
shorts  with  features,  elimination  of  desig- 
nated playdates,  and  a  labor  clause  which 
IS    fair   and  equitable. 

"More  can  be  accomplished  by  remaining 
in  sessions  and  trying  to  sincerely  work  out 
our  problems  than  by  running  away  in 
schoolboy  fashion,  as  certain  groups  have 
done  The  MPTOA  delegation  is  mindful 
ot  the  fact  that  it  must  safeguard  thou- 
sands of  small  theatres  and  this  trust  will 
not    be   violated. 

Confer  with  Rosenblatt 

Further  indicating  the  insurgent 
group  proposed  playing  along  was 
evidenced  on  Saturday  when  a  second 
committee  composed  of  Milton  C. 
Weisman,  Harry  Brandt,  Charles  L. 
U  Keilly  and  Calvin  Bard  saw  Rosen- 
blatt and  asked  for  a  clarification  of 
the  labor  clauses.  Rosenblatt  said  they 
had  departed  well  satisfied.  This  com- 
mittee also  asked  additional  light  on 
other  clauses  which  Rosenblatt  refused 
to  designate,  but  in  connection  with 
which  he  remarked  they  had  left  him 
apparently  satisfied." 
On  Article  10,  Rosenblatt  persistent- 
ly refused  to  comment  except  to  say 
that  anything  adopted  in  connection 
with  actors  also  will  apply  to  execu- 
tives.   

Cameramen  Approve 
Code  Crew  Provision 

Washington.  Oct.  8.— E  a  s  t  e  r  n 
sound  and  cameramen  are  in  accord 
with  the  code  provision  that  camera 
crews  are  not  to  be  switched  in  the 
middle  of  production,  declared  Deputv 
NRA  Administrator  Sol  A.  Rosen- 
blatt. This  is  the  provision  being 
fought  by  the  international  photogra- 
phers on  the  coast. 


The  Reason  Why 

Washington,  Oct.  8.— Eddie 
Golden  supplies  a  kidding 
answer  to  the  reason  why  the 
independents  formed  their 
own  code  deliberating  body. 
Says  he: 

"Independent  producers  and 
distributors  have  been  sitting 
around  the  lobby  waiting  for 
something  to  happen.  We've 
been  invited  to  few  or  no 
meetings  and  we  got  tired  of 
it.  We  wanted  an  audience 
to  hear  ourselves  talk,  so  we 
bolted. 

"Now  we  have  a  secretary. 
We  write  letters  to  Sol  Ro- 
senblatt and  we  get  answers. 
Nice,  clean  fun!" 


Inequities  in  Code 
Subject  to  Change 

Washington,  Oct.  8.— If  inequi- 
ties in  the  code  assert  themselves, 
changes  may  be  made  immediately  but 
only  by  executive  order  of  the  Presi- 
dent, Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  explained  in  response  to 
a  question  of  NRA  procedure  under 
conditions  as  outlined. 


Detroit  Exhihs  File 
Mid-States  'Plaint 

Washington,  Oct.  8.— S  e  v  e  r  a  1 
Detroit  exhibitors,  also  members  of 
Allied,  have  filed  a  complaint  with 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  against  Mid-States  Thea- 
tres, the  Michigan  buying  combine, 
in  which  H.  M.  Richey  and  J.  C.  Rit- 
ter  are  officers.  Rosenblatt  said  com- 
plainants charged  Mid-States  was  at- 
tempting to  put  them  out  of  business. 
The  Deputy  Administrator  described 
the  development  as  a  case  of  several 
exhibitors  asking  the  right  to  buy 
from  members  of  their  own  organiza- 
tion. 


Agent  Tactics 
Cited  to  Show 
Need  of  Check 

{Continued  from  pane   1) 

SO  doing.  The  actor  got  the  bonus, 
the  producer  being  unable  to  replace 
the  part. 

The  incident  is  also  told  of  a  free- 
lance actress,  salary  $3,000  per  week, 
who  had  agreed  to  work  for  a  pro- 
ducer for  10  days,  after  which  she 
was  scheduled  for  a  featured  role  in 
an  entirely  different  production.  The 
first  producer,  however,  discovered 
he  required  the  actress's  services  for 
an  additional  week.  At  the  same  time, 
the  second  company  learned  it  could 
get  along  without  her  for  that 
length  of  time.  Her  agent  insisted 
that  both  companies  live  up  to  the 
letter  of  their  contracts  and  pay  the 
performer  for  both  weeks.  The  mat- 
ter eventually  was  settled  by  arbitra- 
tion, preceded  by  threats  of  action  on 
the  part  of  both  producers. 

Agents  and  High  Salaries 

Unscrupulous  agents  are  blamed  by 
producers  for  skyrocketing  the  in- 
come of  an  actor,  described  as  un- 
known until  the  producer  who  had 
him  under  contract  developed  him, 
from  $1,000,  including  bonuses,  to 
$2,250  a  week.  This  is  how  it  was 
done:  Ignoring  his  contract,  the 
actor  walked  off  the  set  on  the  day  a 
picture  in  which  he  was  cast  was 
slated  to  get  under  way.  The  pro- 
ducer was  threatened  with  a  loss 
representing  six  figures.  The  actor, 
acting  under  instructions  from  his 
agent,  demanded  $2,250  and  said  he 
would  not  work  unless  he  got  it.  He 
did. 

Producers  Also  Blamed 

However,  the  blame  for  much  of 
the  rarefied  salaries  which  admittedly 
prevail  in  Hollywood  today  is  not 
entirely  passed  on  to  the  agent.  The 
producers  have  also  blackened  them- 
selves with  Rosenblatt  in  additional 
data  which  tell.i  at  length  interesting 
incidents  which,  they  assert,  have 
arisen  out  of  secret  negotiations  con- 
ducted by  one  producer  against  his 
fellow-producer. 


Among  what  are  declared  to  be 
actual  cases  which  the  producers  have 
compiled  themselves  and  which  they 
argue  will  be  eliminated  by  throwing 
future  negotiations  into  the  open  are 
these : 

One  actor,  employed  by  a  major 
company  on  a  long-term  contract  for 
$1,200  a  week,  was  signed  secretly  by 
a  competitive  producer  for  five  years. 
The  contract  called  for  $2,200  the 
first  year,  $2,700  the  second,  $3,200 
the  third,  $4,200  the  fourth  and  $5,000 
the  fifth.  Part  of  the  secret  negoti- 
ations had  it  that  if  the  existing  con- 
tract could  be  cancelled,  the  new  one 
would  immediately  become  opera- 
tive. If  not,  it  was  to  start  at  the 
expiration  of  the  existing  pact.  It 
is  claimed  the  actor  turned  dissatis- 
fied with  his  then  current  contract 
and  gave  his  employer  considerable 
trouble.  Investigation  is  said  to  have 
demonstrated  the  existence  of  the 
secret  contract  and  resulted  in  the 
first  company  making  a  substantial 
cash  settlement  of  the  second  contract 
and  a  revision  upward  in  the  existing 
agreement.  Thousands  of  dollars 
were    involved. 

In  Silent  Days  Also 

Another  instance  involved  an  actor, 
prominent  in  the  silent  days,  who  was 
signed  secretly  by  another  producer 
at  several  times  his  current  salary. 
The  first  producer  learned  of  the 
transaction  and,  in  the  belief  that 
retention  of  the  actor's  services  were 
necessary  to  maintain  his  announced 
program,  signed  a  new  pact  at  the 
competition's  terms.  By  the  time  the 
actor's  contract  had  run  out,  the  box- 
office  had  demonstrated  the  performer 
was  not  nearly  so  indispensable  as 
the  original  employer  had  believed. 
Vet  the  studio  was  "stuck"  with  a 
contract  which  eventually  cost  it  over 
$1,000,000.  the  charge  has  been  made. 

Directors'  Deals  Up 

Secret  negotiations  with  directors 
as  well  are  declared  to  have  cost  the 
producers  considerable  headache  as  a 
result  of  actions  of  some  members 
from  within  the  producers'  ranks 
themselves.  One  director,  it  is  alleged, 
was  signed  in  this  fashion  by  a  com- 
peting studio  at  a  100  per  cent  in- 
crease. He  was  said  to  have  become 
discontented  and  a  source  of  consider- 
able concern  to  the  studio  by  which 
he  was  employed.  The  new  offer  was 
matched,  but  the  director  refused  to 
accept  it.  Production  delays  resulted. 
Almost  Wrecks  Company 

A  certain  actress  and  what  is 
alleged  to  have  happened  in  her  case 
almost  caused  the  complete  financial 
collapse  of  the  employing  producer, 
this  incident  goes.  Employed  at 
$1,500  a  week  on  a  40-week  guaran- 
tee with  a  $500  increase  agreed  upon 
for  a  second  period,  this  player  was 
approached  secretly  by  another  studio 
at  a  substantial  salary  hike.  The 
employing  producer  learned  what  was 
transpiring.  At  the  same  time,  the 
player  became  an  insurgent  and  was 
reputedly  piling  up  production  cost 
on  her  pictures  through  lack  of  co- 
operation with  the  studio.  The  first 
producer  eventually  reached  the  con- 
clusion it  had  better  make  her  happy. 
The  method  was  via  a  new  contract 
at  three  times  the  original  salary  for 
one  year  and  an  additional  $250  a 
week  the  second. 


Monday,  October  9,    1933 


MOTION  PICTURE 

DAILY 


I 


See  No  Price 
Jumps  Ahead 
In  Baltimore 


{Continued  from  page   1) 

are  not  contemplating  any  raise  in 
prices  at  any  of  the  IS  theatres  they 
control. 

J.  Lawrence  Schanberger,  Keith's 
manager,  said  he  does  not  know  of 
any  movement  at  the  present  to  in- 
crease admissions  and  he  has  not  con- 
sidered   the   problem    at    his    house. 


Palace  in  Cincinnati 
Tips  Scales  for  Tabs 

Cincinnati,  Oct.  8. — Prices  at  the 
RKO  Palace,  vaudefilm,  which  were 
increased  from  30  and  40  cents  to  35 
and  44  cents  on  Sept.  1,  the  effective 
date  of  the  new  Ohio  admission  tax 
law,  now  have  been  advanced  to  60 
cents  for  evenings,  and  after  1  P.  M. 
Saturdays,    Sundays    and   holidays. 

The  upward  revision  went  into  ef- 
fect with  the  showing  of  the  musical 
tab,  "Strike  Me  Pink,"  and  will  obtain 
hereafter  when  tab  productions  or  big 
"name"   attractions   play   the  house. 


Birmingham  Changes 
In  2  Balconies  Only 

Birmingham,  Oct.  8. — Admission 
scales  remain  unchanged  here  with  the 
exception  of  balcony  tickets  in  two 
deluxe  theatres,  Alabama  and  Strand, 
which  have  advanced  from  25  to  30 
cents.  This  advance,  in  effect  about 
30  days,  has  had  no  visible  effect  on 
attendance. 

Business  has  improved  very  little 
with  Birmingham  houses  and  further 
ticket  advances  are  not  contemplated 
for  the  present.  Managers  report 
August  business  was  duller  than  June 
and  July.  September  improved  slight- 
ly. 

Several  of  the  suburbans  have  been 
closed  for  months.  Those  open  re- 
port a  slight  improvement  in  attend- 
ance. 


Richmond  Theatres 
Are  Feeling  Pickup 

(Continued  from   faoc    1) 

Capitol  was  improved  recently.  The 
Bijou  is  now  being  redecorated  and 
will  reopen  soon  as  a  second  run.  The 
Colonial  will  be  closed  Oct.  12  for 
similar  work. 

Stage  shows  are  planned  at  the 
Lyric  for  the  winter  and  the  Mosque 
will  have  operas. 


Midwest  Vaudeville 
Circuit  Is  Planned 

(Continued  from  foiic  1) 

Joseph,  Mo.,  after  a  lapse  of  three 
years.  Three  RKO  acts  are  offered 
twice  weekly,  one  program  Sunday 
and  Monday  and  another  Friday  and 
Saturday.  Straight  nictures  hold  the 
remainder  of  the  week. 

Dubinsky's  Orpheum  in  Leaven- 
worth, Kan.,  has  resumed  -Sunday 
vaudeville,  hiking  the  top  from  25 
cents  to  35  cents.  Stage  shows  have 
also  returned  to  Lincoln,  Neb.,  and 
at  Fox  spots  in  Topeka  and  Wichita. 
The  Fox  Jayhawk,  Topeka,  is  show- 
ing standard  RKO  acts  at  35  cents 
top. 


In  Washington  Once  More 


Washington,  Oct.  8.— Bob  Wilby  has  some  definite  ideas  about  the  code. 
One  of  them  is  progress  would  be  faster  if  some  of  the  New  York  crowd 
went   home. 

• 

The  W.  K.  telephone  gag  was  pulled  on  Love  B.  Harrell  the  other  night. 
Morgan  Walsh  didn't  go  for  it,  however. 

• 

Add  mysterious  phone  calls :  The  one  Lester  Cowan  got  at  the  Carlton 
about  1:15  Friday  morning  and  how  it  demonstrated  that  he  was  a 
gentleman. 

The  exhibitors'  committee,  sans  Allied,  I.T.O.A.  and  T.O.C.C,  has 
developed  considerable  respect  for  Abner  Rubien,  attorney  for  the  LA.T.S.E. 

• 

The  producers'  group,  which  has  met  in  what  is  practically  one  session 
suice   Wednesday,    will   long   remember   Article    10. 

Eddie  Loeb  has  been  bothered  with  a  catarrhal  condition  in  his  ear.  Well 
in  hand  now,  however. 

• 
The    split    between    Administrator    Hugh    S.    Johnson    and    Chief    Counsel 
Donald  R.  Richberg  over  the  coal  situation  interested  film  codifiers  because 
it   indicated  all   was  not  so   harmonious   within  the   NRA. 

• 
Henry  Herzbrun's  wife   is  back   in    Hollywood.     Henry    is   confident   he'll 
get  back  one  of  these  days  himself. 

Albert  Warner's  been  around  to  consult  with  Harry  M.  on  the  code. 

Tom  Murray  eats  griddle  cakes  at  two  in  the  morning  and  immediately 
falls  into  deep  slumber. 

• 

George  Schaefer  has  been  receiving  wired  bulletins  on  the  record  being 
rolled  up  at  the  Oriental,  Chicago,  by  "Fm  No  Angel."  Other  circuit  men 
here  who  have  seen  the  picture  describe  it  as  a  wow. 

• 

Ray  Johnston  has  been  attempting  to  check  reports  a  code  for  "yes"  men 
is  in  the  making.  It  was  immediately  denied  that  it  could  or  would  have 
any   application  in   Hollywood. 

Jack  Cohn  and  Bob  Cochrane  continue  to  stick  pretty  closely  together. 

Lobby  stalwarts :  L.  A.  Solomon,  Ray  Johnston,  Eddie  Golden,  Al  Fried- 
lander,   Arthur   Schwartz,  Aaron  Saperstein,  Tom   Murray. 

Said  a  disgruntled  independent :  "Here  I  am  burning  while  Rome  is 
fiddling." 

• 

Complaining  exhibitors  recall  grimly  the  tense  few  minutes  that  preceded 
the  actual  delivery  of  the  NRA  code  by  Deputy  Administrator  Sol  A. 
Rosenblatt.     "Let's  tell   stories,"  he  said. 

"We  got  a  story  all  right,"  said  many  exhibitors  after  they  had  a  chance 
to    hurriedly    read    the    proposed    agreement. 


Unknown  Actor  Makes  Good 


Washington,  Oct.  8. — How  a  player,  unknown  until  the  producer 
to  whom  he  was  under  contract  developed  him,  increased  his 
salary  from  $300  to  $2,500  a  week  in  two  years,  is  one  of  the 
amazing  inside  stories  which  maior  producers  have  presented  to 
Deputy  Administrator  Sol  A.  Rosenblatt  as  an  argument  for 
restrictions  of  agents  through  the  machinery  proposed  in  Article  9 
of  their  code.    Here  it  is,  as  presented  by  producers: 

The  actor  originally  was  signed  at  $300  on  a  five-year  optional 
contract.  The  agreement  called  for  a  $75  increase  in  the  first  six 
months  and  an  additional  $75  in  the  second  six  months.  The 
producer,  however,  voluntarily  jacked  the  figure  from  the  stipu- 
lated $375  in  the  first  period  to  $575,  and  from  the  stipulated  $450 
in  the  second  period  to  $900.  Therefore,  when,  by  contract  the 
actor  was  entitled  to  $450,  he  was  getting  twice  that  amount. 

About  this  time,  his  agent  entered  the  picture  and  told  the  actor 
to  ignore  his  contract.  The  player  waited  until  an  important 
picture  was  set  to  go  and  then  refused  to  appear.  To  avoid  losses, 
the  producer  found  himself  in  a  spot  where  he  was  forced  to 
accede  to  demands  for  a  $10,000  bonus  as  an  inducement  to  the 
performer  to  return  to  work  and  coupled  with  it  promise  of  a 
new  contract. 

A  short  time  later,  the  new  deal  was  closed.  By  its  terms,  the 
old  contract  was  thrown  out  and  a  new  one,  calling  for  $1,650  a 
week  the  first  year  signed  with  an  option  at  $2,500  the  following 
year.  The  option  was  exercised,  but  this  year  the  player  was 
let  out  because  the  producer  concluded  he  could  no  longer  bear 
the  traffic. 

This  is  the  fairy  tale  of  how  an  actor,  delighted  to  be  paid  his 
original  $.300,  moved  himself  into  the  four  figure  per  week  classifi- 
cation in  about  two  years. 


Nathanson  Is 
Silent  About 
British  Cash 


(Continued  from  paye   1) 

Nathanson  in  local  gossip,  but  infor- 
mation is  lacking  as  to  whether  or 
not  he  has  made  another  offer  to 
Zukor.  The  offer,  backed  by  Gaumont, 
which  was  made  three  years  ago,  was 
on  a  basis  of  $75  per  share,  but  that 
was   in   the   boom   days. 

Nathanson  has  intimated  he  will 
buy  more  theatres  in  Canada,  but 
no  step  is  apparent  yet.  This  devel- 
opment might  be  held  up  pending  ne- 
gotiations with  Paramount  Publix. 
In  the  meantime  Nathanson  says  he 
was  impressed  with  the  latest  Brit- 
ish specials  while  in  England.  He 
has  adopted  a  plan  of  having  travel- 
ing orchestras  of  10  pieces  to  appear 
in  various  houses  of  the  circuit  for 
the  purpose  of  testing  the  patronage 
reactions.  If  they  go  over  well,  pit 
orchestras  will  be  made  permanent  in 
some  spots. 


Predicts  Early  Use 
For  ''Radio-Vision*' 

(Continued  from  page   1) 

000  "eyes,"  has  made  television  ready 
for  the  home  and  brought  visual  pro- 
grams closer  to  technical  perfection 
for  theatres,  said  Tannehill.  The  tube 
recently  was  announced  by  Dr. 
Vladimir  K.  Zworykin,  in  collabora- 
tion with  RCA-Victor  Laboratories  at 
Camden,   N.  J. 

Tannehill  recently  became  asso- 
ciated with  First  National  Television, 
w'hich  maintains  a  broadcasting  sta- 
tion, as  sales  manager  of  the  extension 
department.  He  was  one  of  the  or- 
ganizers of  the  Independent  Theatre 
Supply  Dealers'  Ass'n.  and  was  Tts 
first   secretary. 


Wohher  on  Another 
Tour  of  Exchanges 

(Continued  from  pane   1) 

He  will  speak  before  Detroit  em- 
ployes   tomorrow. 

Following  his  talk  in  the  automo- 
bile city,  Wobber  will  head  for  St. 
Louis,  Kansas  City,  Des  Moines, 
Omaha,  Minneapolis,  Milwaukee  an(l 
Chicago  in  the  order  named.  From 
the  Windy  City  he  will  return  to 
New  York,  thence  to  Denver,  .Salt 
Lake  City,  Portland,  San  Francisco 
and  Los  Angeles.  From  Los  Angeles 
he  will  fly  to  Dallas  and  then  go  to 
Oklahoma  City,  Memphis,  New  Or- 
leans, Atlanta,  Charlotte  and  back 
to    New   York. 

Later  in  November  Wobber  and 
John  Clark,  general  sales  manager, 
will  make  another  circuit  of  the 
exchanges. 


Ideal  Closes  2  Deals 

Ideal  Pictures  Corp,  has  sold  dis- 
tribution rights  of  "The  Next  War" 
to  Judell  Film  Exchanges  for  the 
Chicago,  Milwaukee,  St.  Louis  and 
Indianapolis  areas.  Reliable  Film 
Exchange,  Washington,  has  closed 
with  Ideal  for  13  one-reel  "What- 
nots." 


MOTION  PICTURE 

DAILY 


Monday,  October  9,    1933 


a 


Lady"  Pulls 
Big  $12,000 
Kansas  City 


Kansas  Citv,  Oct.  8.— "Lady  for 
a  Day"  and  "Dr.  Bull"  were  outstand- 
ing draws.  The  first,  with  benefit  of  a 
revised  "Apple  Annie"  stunt  and  news- 
paper publicity,  zoomed  the  Main- 
street's  take  to  $12,000,  above  par 
by  $5,000.  "Dr.  Bull,"  an  Uptown  at- 
traction, doubled  the  house  average, 
ringing  up  $6,100,  and  was  held.  "Vol- 
taire" turned  in  a  normal  $6,000  at 
the  Newman,  while  in  Midland's 
"Beauty    for    Sale"    slumped. 

Total  first  run  business  was  $32,800. 
Average  is  $26,000. 

Estimated  takings : 

Week  Ending  Sept.  28: 
"LADY   FOR  A  DAY"    (CoJ.) 

MAINSTREET— (3,049),  25c-40fc,  7  days. 
Gross:  $12,000.  (Average  for  straight  films, 
$7,000.) 

"VOLTAIRE"    (Warners) 

NEWMAN— (2,000),  2Sc-40c,  7  days,  plus 
Saturday  midnight  show.  Gross:  $6,000. 
(Average.    $6,000.) 

Week  Ending  Sept.  29: 
"BEAUTY  FOR  SALE"    (M-G-M) 

MIDLAND— (4.0OO),  25c,  7  days,  plus  Sat- 
urday midnight  show.  Gross:  ^,700.  (Aver- 
age, $10,000.) 

Week  Ending  Sept.  30: 
"DR.    BULL"    (Fox) 

UPTOWN— (2,000),  25c')Oc,  7  days.  Gross: 
$6,100.    (Average,   $3,000.) 


"Harmony"  Top  in 
Prov.  with  $8,600 

Providence,  Oct.  8. — Business  took 
a  slump  here  for  the  week  with  all 
sections  concentrating  on  the  big  NRA 
parade  which  had  70,000  in  line.  The 
Paramount,  with  the  popular  "Too 
Much  Harmony,"  was  the  only  thea- 
tre to  go  over  the  border  line  into 
smart  money,  this  house  catching 
$8,600.    Average  is  $6,500. 

The  RKO  Albee  hit  only  $4,000, 
but  this  week  plans  to  come  back 
strong  with  a  vaudefilm  policy  star- 
ring Paul  Whiteman.  The  Majestic 
was  so-so  at  $6,800,  and  Fay's  caught 
on  for  a  par  $7,000  with  vaude  and 
"Shanghai  Madness." 

Total  first  run  business  for  the  week 
was  $36,600.    Average  is  $40,500. 

Estimated  takings  for  the  week  end- 
ing  Oct.   5 : 

"STAGE  MOTHER"  (M-G-M) 
LOEWS  STATE— (3,800),  15c-40c,  7  days. 
Stage:  Royce  and  Maye;  Chase  and  Latour; 
Renard  and  Rome;  Harriet  Hutchins.  Gross: 
$9,200.     (Average,  $12,000.) 

"LADIES  MUST  LOVE"  (Univ.) 
"DELUGE"  (Radio) 
KKC)    ALnEE^(2,.?00).     15c-40c,    7    days. 
Cross:  $4,000.     (Average,  $7,000.) 

"I  LOVED  A  WOMAN"  (F.N.) 
"F.  P.  1"  (Fox) 
MAJESTIC  — (2,4fX)),      15c-40c,      7     days. 
Gross:   $6,800.      (Average,   $7,0aj.) 

"SHANGHAI   MADNESS"   (Fox) 
FAY'S-(1,600),    15c-40c,    7   days.      Stage: 
RtTnice    Claire;    Continental    Revue;    Smith, 
Strong  and   I.ce.     Gross:   $7,000.     (Average. 
$7,000.) 

"TOO  MUCH  HARMONY"  (Para.) 
"TO  THE  LAST  MAN"  (Para.) 
PARAMOUNT-(2.300),    15c-40c,    7    days. 
Ooss:  $8,600.     (Average,  $6,500.) 

"RANGERS'  CODE"  (Col.) 
"EASY  MILLIONS"   (Freuler) 
RKO  VICTORY-(1,600),   10c-25c,  4  days. 
Gross:  $1,000.     (Average,  $1,000.) 


Grosses  in  San  Francisco 
Jump  Far  Above  Normal 


San  I'~rancisco,  Oct.  8. — This  town 
had  a  series  of  remarkable  grosses  last 
week.  Heading  the  list  was  the  War- 
field  which  topped  average  by  $7,000 
for  a  total  gross  of  $20,000.  "Good- 
bye Again'  was  on  the  screen  and 
Texas  Guinan  and  her  gang  were  on 
the   stage. 

"Lady  for  a  Day"  was  a  knockout 
at  the  Ckilden  Gate,  hitting  $18,000, 
up  by  $5,000.  "Headline  Shooters," 
opening  attraction  at  the  Orpheum, 
was  good  for  $14,500.  This  is  $4,500 
over  what  is  considered  a  normal  take 
for  the  house. 

Total  business  for  nine  theatres  was 
$95,000.     Average  is  $91,000. 

Estimated   takings : 

Week  Ending  Sept.  26: 
"LADY    FOR   A      DAY"    (Col.) 
GOLDEN    GATE— (2.800),    25c-35c-45c-65c. 
7    days.       Vaudeville,    Horace    Heidt    band. 
Gross:    $18,000.        (Average,    $13,000.) 

Week  Ending  Sept.  27: 
"DR.   BULL"    (Fox) 

EMBASSY— (1,380),    3Oc-4Oc-S0c,    7    days. 


Gross:    $6,000.        (Average,    $8,000.) 

"THIS    DAY    AND    AGE"    (Para.) 

UNITED     ARTISTS— (2,700),     25c-40c-50c, 

6  days,  2nd  week.     Gross:  $3,500.   (Average, 
$8,000.) 

"GOODBYE   AGAIN"    (Warners) 
WARFIELD— (2,700),  25c-35c-55c-65c-90c,  7 
days.       Texas    Guinan    and    gang.       Gross: 
$20,000.        (Average,    $13,000.) 

Week  Ending  Sept.  28: 

"MAYOR    OF    HELL"    (Warners),    3   days 
"Gold   Diggers"    (Warners),    4   Days 

EL  CAPITAN— (2,900),  10c-25c-35c-40c,  7 
days.  Stage  revue.  Gross:  $10,000.  (Av- 
erage,   $9,000.) 

"HEADLINE    SHOOTER"    (Radio) 

ORPHEUM- (3,000),  15c-25c-40c,  7  days. 
Rube  Wolf  band,  girls.  Gross:  $14,500. 
(Average.    $10,000.) 

Week  Ending  Sept.  29: 
"PLATINUM    BLONDE"    (Col.) 
"WIVES     BEWARE"     (Regent) 

FOX— (4,600),  10c-15c-25c-35c,  7  days. 
Gross:    $8,000.       (Average,    $9,000.) 

"I     LOVED    A    WOMAN"     (Para.) 
PARAMOUNT— (2.670),        25c-35c-65c-75c, 

7  days.        Gross:    $9,000.        (Average,    $15,- 
000.) 

"CHAN'S    GREATEST    CHANCE"    (Fox) 
"HEROES    FOR    SALE"    (Warners) 
ST.      FRANCIS— (1,450),      25c-40c-50c.      7 
days.       Gross:    $6,000.       (Average,    $6,000.) 


"Dinner"  2nd  Week 
$7,000,  Montreal 

Montreal,  Oct.  8. — Word  of  mouth 
advertising  helped  "Dinner  at  Eight" 
to  keep  up  to  a  $7,000  gross  for  the 
second  week  as  a  road  show  at  His 
Majesty's.  The  first  week's  take  was 
$8,000. 

Among  the  regular  runs,  leadership 
went  to  the  Palace,  with  $11,000  on 
"Paddy,  the  Next  Best  Thing,"  while 
the  Capitol  made  it  par  at  $9,000  with 
"Pilgrimage"  and  "Charlie  Chan's 
Greatest  Case." 

Loew's  fell  back  to  $7,500  with  a 
double  bill  comprising  "Turn  Back  the 
Clock"  and  "Emergency  Call,"  and 
there  are  plenty  of  rumors  that  vaude- 
ville will  return  to  Loew's  stage  be- 
fore many  weeks.  The  Imperial  was 
good  at  $2,500  with  the  French  film, 
"La  Pieuvre,"  and  the  Princess  took 
$6,000  on  two  British  pictures,  "Sol- 
diers of  the  King"  and  "Sally  Bishop," 
the  former  being  the  pick  of  the  pair 
by  far. 

Total  first  run  business  was  $43,000. 
Average  is  $43,000. 

Estimated  takings  for  the  week  end- 
ing Sept.  29 : 

"PILGRIMAGE"    (Fox) 

"CHARLIE  CHAN'S   GREATEST   CASE" 

(Fox) 

CAPITOL— (2,547),  25c-35c-50c-60c,  7  days. 
Ooss:    $9,000.    (Average,   $9,000.) 

"DINNER    AT    EIGHT"    (M-G-M) 
HIS    MAJESTY'S— (1,600).    50c-$l-$1.50,    7 
days,    2nd   week.    Gross:    $7,000.    First   week, 
$8,000.    (Average,    $4,000.) 

"LA    PIEUVRE"    (French) 
IMPERIAL— (1.914),       25c-35c-50c-60c,       7 
days.    Gross:    $2,500.    (Average,   $2,000.) 
"TURN    BACK    THE    CLOCK"    (M-G-M) 
"EMERGENCY    CALL"    (Radio) 
LOEW'S— (3,115),   25c-35c-50c-65c,   7   days. 
Gross:   $7,500.    (Average.   $10,500.) 
"PADDY,    THE   NEXT   BEST   THING" 

(Fox) 
PALACE— (2.600),      25c-35c-50c-60c-75c,     7 
days.    Gross:    $11,000.    (Average.    $11,000.) 
"SOLDIERS    OF    THE    KING"    (British) 
"SALLY    BISHOP"     (British) 
r-RINCESS- (2.272).       25c-35c-50c-60c,       7 
days.   Gross:   $6,000.    (Average,   $6,500.) 


Antony  Estate  Bankrupt 

New  Orleans,  Oct.  8.— The  Ber- 
nard Antony  Estate,  operators  of  the 
Ideal,  which  closed  recently,  has  filed 
a  voluntary  petition  in  bankruptcy  in 
the  U.  S.  District  Court  listing  assets 
of  $83,437.25  and  liabilities  of  $61,- 
116.50. 


"Power"  at  $8,000 
Is  Des  Moines  Hit 

Des  Moines,  Oct.  8. — "The  Power 
and  the  Glory"  led  the  procession  in 
the  sixth  straight  week  of  good  busi- 
ness here.  At  the  Des  Moines  the 
Lasky-Fox  feature  reached  $8,000,  or 
$2,000  over  average. 

"When  Ladies  Meet"  took  second 
honors  with  $4,000,  up  by  $1,000,  at 
the  Garden,  and  "The  Masquerader" 
was  a  decided  draw  at  the  Orpheum  at 
$5,500. 

Total  first  run  business  was  $28,000. 
Average  is  $24,500. 

Estimated  takings  for  the  week  end- 
ing Sept.  30 : 

"THE  MASQUERADER"  (U.  A.) 
ORPHEUM— (2,200),    10c-25c-35c,    7    days. 
Gross:   $5,500.     (Average.  $4,500.) 
"SAMARANG"   (U.  A.) 
"BROADWAY   TO   HOLLYWOOD" 
(M-G-M) 
PARAMOUNT  —   (2.300).     10c-25c-40c,     7 
days.     Gross:  $6,500.     (Average,  $7,000.) 
"THE   POWER  AND  THE   GLORY" 

(Fox) 
DES    MOINES  —  (2,200),    10c-35c-50c,    7 
days.     Gross:   $8,000.     (Average,  $6,000.) 
"WHEN  LADIES  MEET"  (M-G-M) 
GARDEN— (1,300),     10c-15c-25c,     7     days. 
Gross:    $4,000.      (Average,   $3,000.) 

"CAPTURED"   (Warner  Bros.) 
"TARZAN,   THE   FEARLESS" 
(Principal) 
STRAND— (1,900),     10c-25c-35c,     7     days. 
Gross:   $4,000.      (Average,   $4,000.) 


Bamberger  to  Springfield 

MiDDLETOWN,  O.,  Oct.  8.  —  Her- 
man C.  Bamberger,  manager  of  Taft's 
Paramount,  has  resigned  to  take  over 
management  of  the  Palace  at  Spring- 
field, Mass.  Before  coming  here,  Bam- 
berger was  manager  of  the  Palace  at 
Hamilton,  and  before  that  was  in 
charge  of  the  State  at  Lexington, 
Ky.,  when  that  house  was  under  the 
Publix   banner. 

Nat  Turberg,  in  charge  of  advertis- 
ing for  the  Taft  houses  at  Hamilton, 
has  been  assigned  to  the  Paramount 
here  for  the  present. 


Ohio  Houses  End  Splits 

Akron,  Oct.  8.  —  The  Palace, 
which  opened  two  weeks  ago  with  a 
split  week  policy  of  vaudefilm,  has 
switched  to  full  week  programs.  The 
same  switch  has  been  made  at  the 
Palace,  Youngstown,  likewise  under 
the  Monarch  banner.  The  acts  di- 
vided time  between  the  two  houses. 


"Jones"  Hits 
$18,000,  Big 
Boston  Gross 


Boston,  Oct.  8. — "Emperor  Jones" 
demonstrated  its  drawing  powers  here 
last  week  with  an  $18,000  take  at 
Keith's  on  a  straight  film  program. 
This  is  $2,000  over  average  and  is 
exceptional  in  view  of  the  strong  com- 
petition. 

Total  grosses  were  slightly  under 
last  week,  due,  probably,  to  the  open- 
ing of  the  football  season,  but  all  were 
strong.  The  RKO  Boston  took  $18,- 
000  with  "Midshipman  Jack"  and  a 
stage  show  headed  by  Jack  Benny's 
revue.  "The  Solitaire  Man,"  aided  by 
vaudeville,  was  $1,000  up  at  $17,000 
at  Loew's  State.  "Too  Much  Har- 
mony," with  Eddie  Duchin's  orchestra, 
topped  the  Metropolitan's  $28,000  par 
by  $2,500. 

Total  first  run  business  was  $102,- 
500.    Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Sept.  26 : 

"MIDSHIPMAN    JACK"    (Radio) 

BOSTON— (2,900),  25c-50c,  7  days.  Jack 
Benny  revue  and  vaudeville.  Gross:  $18,000. 
(Average,   $16,000.) 

"PILGRIMAGE"    (Fox) 
"TO  THE   LAST  MAN"    (Para.) 

FENWAY— (1,800),  30c-50c,  7  days.  Gross: 
$9,500.    (Average,   $9,000.) 

"EMPEROR  JONES"   (U.   A.) 

KEITH'S— (3,500),  30c-50c,  7  days.  Gross: 
$18,000.    (Average,   $16,000.) 

"THE   SOLITAIRE   MAN"    (M-G-M) 

LOEW'S  STATE— (3,700),  35c-S0c,  7  days. 
Vaudeville.  Gross:  $17,000.  (Average,  $16,- 
000.) 

"TOO   MUCH   HARMONY"    (Para.) 

METROPOLITAN— (4,350),  30c-65c,  7 
days.  Eddie  Duchin's  orchestra.  Gross: 
$30,500.    (Average,    $28,000.) 

"THE   PILGRIMAGE"    (Frac) 
"TO  THE  LAST  MAN"   (Para.) 

F'ARAMOUNT— (1,800),  30c-50c,  7  days. 
Gross:    $9,500.    (Average,   $9,000.) 


House  in  Missouri 
Has  26th  Birthday 

Kansas  City,  Oct.  8.— The  Booth 
at  Rich  Hill,  Mo.,  oldest  house  be- 
tween Kansas  City  and  Joplin,  has 
just  celebrated  its  26th  anniversary. 
The  observance  was  a  tribute  to  Mrs. 
Rolla  Booth,  who  built  the  house  and 
has  been  operating  it  since.  The  en- 
tire community  turned  out  for  the  fes- 
tivities, which  were  attended  by  sev- 
eral Kansas  City  exchangemen.  The 
celebration  was  heralded  by  a  big 
publicity  campaign  and  continued  all 
week,  with  a  change  of  program  daily 
and  gifts  for  the  kiddies. 


Post  Radio  Plugs  Films 

Cincinnati,  Oct.  8. — Pictures  play- 
ing Keith's  are  plugged  daily  over 
WFBE,  local  radio  station  of  the 
Cincinnati  Post,  located  in  the  Sinton- 
St.   Nicholas. 

Highlights  of  the  picture  and  cast 
are  given  between  announcements  of 
baseball  games  and  other  sports 
events. 


"Be  Mine"  N.  0.  Hit 

New  Orleans,  Oct.  8. — After  do- 
ing poorly  at  Saenger's  Tudor,  "Be 
Mine  Tonight"  was  taken  over  by 
Manager  Harry  S.  McLeod  as  a  sec- 
ond run,  and  as  a  result  of  clever  ad- 
vertising via  radio,  women's  clubs  and 
broadsides  in  the  daily  newspapers  is 
packing  the  St.  Charles. 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Failhfur 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  85 


NEW  YORK,  TUESDAY,  OCTOBER  10,  1933 


TEN  CENTS 


Circuit  Court 
Refuses  Move 
In  Para.  Case 


Fight     on     Receivership 
Brought  to  End 

A  motion  which  sought  to  have 
Paramount's  original  equity  receiver- 
ship declared  invalid  and  to  have  it 
supplanted  by  an  involuntary  petition 
filed  against  it  early  last  January  by 
a  bondholders'  group  was  dismissed 
by  the  U.  S.  Circuit  Court  of  Appeals 
here  yesterday. 

Counsel  for  Paramount  argued  that 
an  appeal  of  the  motion,  which  had 
been  denied  by  Judge  William  Bondy 

(Continued  on  page  4) 


Linz  Seeks  Court 
Relief  on  Rentals 

Dallas,  Oct.  9. — Clarence  E.  Linz, 
receiver  for  Southern  Enterprises, 
has  asked  the  Federal  Court  for  re- 
lief from  delinquent  rents  and  for 
new  leases  on  four  first  runs  in 
Texas.  The  houses  are :  Melba,  Dal- 
las ;  Kirby  and  Metropolitan,  Hous- 
ton, and  Worth,  Fort  Worth. 

When  the  receivership  began  in 
February  over  $500,000  in  back  rents 
was  due  on  these  houses,  according 
to  Linz.  Since  February  he  has 
paid  rents  at  the  rate  of  10  per  cent 
of  the  gross.  The  leases  have  from 
12  to  18  years  to  run. 

He  also  asks  the  court  to  approve 
rental   reductions   on    15   houses. 


Roxy  Loses  Appeal 
Over  Use  of  Name 

Washington,  Oct.  9. — Samuel  L. 
(Roxy)  Rothafel  today  lost  his  at- 
tempt to  get  the  U.  S.  Supreme  Court 
to  entertain  an  appeal  from  a  U.  S. 
Circuit  Court  of  Appeals  decision  up- 
holding the  right  of  the  Old  Roxy 
to  continue  to  use  the  name.  Judge 
Martin    L.    Manton    handed    down    a 

(Continued  on  page  4) 


Protests  by  MPTO 
Of  Maryland  Urged 

Baltimore,  Oct.  9. — Members  of 
the  M.  P.  T.  O.  of  Maryland  were 
urged  at  a  meeting  today  to  telegraph 
to  Administrator  Hugh  S.  Johnson 
protesting  against  the  draft  of  the 
exhibition  code  submitted  by  Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt. 


Salary -Fixing  Believed 
Shunted  Into  a  Siding 


Rosenblatt  Denies  Any  Plan 

Now  Exists  for  Fixing  Salaries 

Washington,  Oct.  9. — "If  any  men  who  attended  the  meeting 
with  General  Hugh  S.  Johnson  told  you  there  was  any  discussion 
about  limiting  salaries  to  $2,000  per  week,  they  are  liars.  I  have 
never  heard  that  discussed  by,  or  with,  anybody  at  any  time,"  stated 
Deputy  NRA  Administrator  Sol  A.  Rosenblatt  in  denying  Motion 
Picture  Daily's  story  of  today  that  Johnson,  presumably  speaking 
for  President  Roosevelt,  had  informed  major  producers  on  Satur- 
day evening  that  salaries  were  to  be  held  to  that  maximum. 

Asked  specifically  if  Article  10  carried  provision  for  a  salary 
fixing  board,  the  deputy  had  nothing  to  say.  Pressed  for  details 
of  the  meeting  with  Johnson,  Rosenblatt  merely  replied  that  a 
number  of  matters  were  discussed,  but  refused  to  say  what  they 
were.  On  that  portion  of  Motion  Picture  Daily's  story  of  today 
where  it  was  pointed  out  that  Johnson  punctuated  remarks  to 
producers  by  pounding  his  fists  on  desks,  Rosenblatt  said  he  had 
never  heard  the  administrator  do  any  such  thing.  Other  news- 
papermen in  Washington,  however,  have  not  only  heard  Johnson 
has  done  this  many  times,  but  say  they  have  been  in  his  office 
and  actually  have  seen  him  do  it  on  various  occasions. 


Insurgents' 
Analysis  May 
Be  Set  Back 


Washington,  Oct.  9. — Whether  or 
not  insurgent  groups  will  have  their 
promised  analysis  of  the  code  by  Wed- 
nesday appeared  questionable  today, 
for  it  has  been  learned  they  feel  the 
code  situation  represents  Armageddon 
for  the  independents  and  that  the  time 
has  come  to  present  their  views  in 
writing.  The  impression  prevails 
among  them  that  they  have  not  been 
listened  to  in  private  conferences.  No 
record  of  the  proceedings  in  such 
conferences   has  been  made. 

They  are  known  to  feel  their  cur- 

(Coiitinued  on  page   4) 


Coast  Indies  Talk 
Over  Stand  on  Code 

Hollywood,  Oct.  9. — The  first  of 
what  may  be  a  series  of  meetings  of 
independent  producers  here  to  decide 
whether  or  not  they  will  sign  the 
NRA  code  draft  was  held  at  the 
Roosevelt  Hotel  today  without  a  de- 
cision resulting. 

The  meeting,  called  by  the  LM.P. 
P. A.,    was   presided   over   by   M.    H. 

(Continued  on  page   4) 


Strike  Talk 
Stirs  Among 
Coast  Actors 


Hollywood,  Oct.  9. — Any  effort  to 
limit  actors'  salaries  to  $2,000  a  week 
or  to  control  them  in  any  way  will 
be  followed  by  a  walkout,  it  is  pre- 
dicted by  members  of  the  new  Act- 
ors'   Guild. 

As  a  result  of  the  mass  meeting 
held  Sunday  membership  in  the  guild 
now  totals  527  of  the  leading  players 
here  and  it  is  predicted  it  will  reach 
1,000  within  a  week.  Six  more  play- 
ers quit  the  Academy  of  M.  P.  Arts 
and  Sciences  today,  but  so  far  Acad- 
emy ofificials  refuse  to  make  any 
statement. 

(Continued  on  page  4) 


Reports  Nathanson 
Seeks  Circuit  Buy 

Toronto,  Oct.  9. — N.  L.  Nathan- 
son  has  left  for  New  York  on  a  mis- 
sion reported  to  involve  an  offer  to 
purchase  Famous  Players  Canadian 
Corp.  from  the  Paramount  Publix 
trustees.  His  trip  followed  confer- 
ences here  with  Major  Andrew  P. 
Holt,  who  is  said  to  represent  Gau- 

(Continued  on  page  4) 


Doubt  Legality-Academy 

Asks  for  Hearing 

On  Article  10 


By  RED   KANN 


They're  Happy 

Washington,  Oct.  9. — Nich- 
olas M.  Schenck  spent  an  hour 
and  one-half  closeted  with 
Administrator  Hugh  S.  John- 
son this  afternoon.  Motion 
Picture  Daily  learned  late  to- 
night. The  results  were  re- 
ported to  be  extremely  sat- 
isfactory from  the  viewpoint 
of  major  producers,  although 
what  actually  transpired  did 
not  come  to  light. 


Washington,  Oct.  9. — Despite  the 
insistence  of  the  Administration  that 
excessive  salaries  must  be  checked 
neither  the  legal  precedents  nor  the 
legal  machinery  are  believed  in  exis- 
tence to  enforce  any  arbitrary  lim- 
itation on  the  earning  powers  of 
creative  talent.  For  that  reason,  it 
is  reported,  Article  10  in  the  pro- 
ducers' code,  now  the  stormy  petrel 
of   the   entire  code   deliberations,   will 

(Continued  on   page  3) 

Chicago  Theatres 
Start  Code  Wages 

Chicago,  Oct.  9.— Jack  Miller,  head 
of  the  Chicago  Exhibitors'  Ass'n,  to- 
day stated  that  ■  B.  &  K.,  Warners, 
RKO  and  Essaness  were  putting  into 
immediate  effect  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt's  labor 
code  for  their  employes  in  the  lower 
brackets. 

Miller  denied  that  he  had  actually 
signed  the  code,  but  stated  that  he 
had  authorized  Ed  Kuykendall,  presi- 
dent of  the  M.P.T.O.A.,  to  do  so  if 
(Continued  on  page  3) 


Say  Labor  Snagged 
Supply  Men's  Code 

Washington,  Oct.  9.  —  Difficulties 
which  the  supply  dealers'  code  ran 
into  are  largely  influenced  by  labor's 
contention  that  clauses  covering  union 
men  were  written  casually  and  pro- 
vided only  for  the  President's  40  cents 
per    hour    minimum    for    mechanical 

(Continued  on   page   3) 


MOTION  PICTURE 

DAILY 


MOTION  PICTURE 

DAILY 

Registered   U.   S.   Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


\"ol.  34 


October  10,  1933 


Xo.  85 


Martin   Quigley 

Editor-in-Chief   and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


Tuesday,  Oc+ober    10,    1933 


^i^l^  PUBLISHED  daily,  except  Sunday 
4  J|  1  and  holidays,  by  Motion  Picture 
^\l^  Daily,  Inc..  a  Quigley  Publication, 
^.  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets:  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the     k|  B  ▲ 
Post  Office  at  New   York  City,    ^  ■*'*^ 
N.   Y.,  under  Act  of   March  3, 
1879. 

Subscription    rates   per   year:      

$6     in     the     Americas,     except      ^f^^ 
Canada:     Canada    and    foreign     •'■•oo«i««»t 
$15.      Single    copies:    10    cents. 


Erpi  Baseball  Champs 

The  M.  P.  Baseball  League  wound 
up  its  season  Saturday  with  a  cham- 
pionship game  between  Columbia  and 
Erpi  at  the  Catholic  Protectory  Oval 
in  the  Bronx.  Erpi  won,  4—0,  with 
Joe  Lee  pitching.  Bill  Weinstein 
pitched  for  the  losers.  It  was  the 
first  game  lost  by  Columbia  during 
the  season.  Erpi  won  eight  and  lost 
four.  Records  of  other  teams  were : 
XVarners,  won  seven,  lost  five;  NBC, 
six  and  six ;  RKO,  five  and  seven ; 
Warner  Vitaphone  Studios,  nine  and 
three;  Fox,  lost  all. 


"The  Good  Companions'' 

( Fox-Gaunwnt-British ) 

Several  good  tunes  and  a  title  which,  despite  its  British  origin  is  widely 
known  here  through  the  J.  B.  Priestley  novel  on  which  the  picture  is  based 
are  the  principal  assets  of  this  Fox  importation. 

The  story  involves  the  chance  meeting  of  two  men  and  a  girl  who  have 
cut  loose  from  old  ties  and  struck  out  on  their  own  in  search  of  adventure 
Ihey  encounter  a  stranded  music  hall  troupe  and  the  girl,  Mary  Glynne  de- 
cides to  stake  the  show  with  a  small  fund  recently  inherited  by  her.  In  10 
weeks  the  fund  has  been  exhausted  and  the  troupe,  unsuccessful  through  an 
adverse  summer  season,  is  about  to  disband  when  a  turn  comes  in  their  for- 
tunes. After  various  trials,  including  an  attempt  on  the  part  of  a  rival  pro- 
ducer to  break  up  a  crucial  performance  attended  by  an  important  London 
producer,  Jessie  Matthews,  ingenue  of  the  show,  and  Edmund  Gwenn,  author 
of  Its  lyrics,  are  signed  for  starring  with  a  London  company. 

"Rust  Rides  Alone" 

{Columbia) 

Tim  McCoy  in  another  western  which  has  him  saving  the  ranch  of  the 
heroine's  father  from  the  clutches  of  the  villain  and  winning  the  girl  after 
It's  all  over.  There  is  a  good  share  of  fireworks  and  hard  riding  in  the  later 
reels  which  will  give  the  youngsters  the  action  they  crave  in  this  type  of 
feature.  There  is  a  dog,  Silver,  who  aids  McCoy  and  he  should  get  over 
with  the  juveniles  as  well. 

Receiving  a  note  from  Barbara  Weeks'  father  that  the  latter's  son  has 
disappeared,  McCoy  takes  to  sleuthing  and  learns  that  Rockliffe  Fellowes 
has  him  stowed  away  on  his  ranch  as  a  means  of  getting  the  girl's  father  to 
sell  the  ranch.  With  the  aid  of  Dorothy  Burgess,  daughter  of  Fellowes, 
and  Wheeler  Oakman,  the  hero  clears  the  country  of  its  greedy  clique. 


600  at  Warner  Dinner 

Hollywood,  Oct.  9.— Six  hundred 
notables  in  California  industry,  poli- 
tics and  society  participated  in  the 
motion  picture  industry's  welcome  to 
the  House  and  Senate  Naval  Affairs 
Committees  at  the  Warner  studios. 
Jack  L.  Warner  acted  as  host.  Lieu- 
tenant Governor  Frank  P.  Merrian 
and  Mayor  Shaw  of  Los  Angeles 
were  among  those  present.  Will 
Rogers  presided. 


Governor  Names  Hart 

Vincent  G.  Hart  of  the  Hays  Office 
has  been  named  by  Governor  Lehman 
as  a  delegate  to  the  National  Tax 
Conference  to  be  held  in  Phoenix, 
Ariz.,  Oct.  16  to  20.  Following  the 
conference  at  Phoenix  he  will  go  on 
to  Hollywood. 


Two  B'way  Theatres 
Boost  Their  Prices 

Increases  in  admissions  have  been 
made  at  the  Rivoli  and  Strand.  New 
prices  for  the  Strand  hike  weekday 
evening  admissions  10  cents,  while  on 
Sunday  20  cents  has  been  added  to 
the  12  noon  to  1  p.m.  show  and  10 
cents  to  the  1  to  5  p.m.  performance. 
On  Saturdays  loges  are  priced  at 
$1.10  and  on  Sunday  this  figure  is 
boosted  IS  cents. 

No  increase  has  been  made  at  the 
morning  Rivoli  shows,  but  from  1  to 
6  P.M.  an  additional  20  cents  is  now 
charged.  From  6  to  10:30  P.M.  the 
price  has  been  boosted  19  cents,  and 
from   10:30  to  closing,  20  cents. 


Retakes  for  ^'Clouds'* 

Hollywood,  Oct.  9.— Columbia's 
"Above  the  Clouds,"  which  has  been 
editing  for  six  weeks,  has  gone  back 
for  retakes. 


Two  Interviews 

Washington,  Oct.  9.— Dep- 
uty NRA  Administrator  Sol 
A.  Rosenblatt  is  limiting 
newspaper  men  and  their 
questions  to  press  interviews 
exclusively.  There  were  two 
interviews  today,  one  at  noon 
and  another  at  5  o'clock. 
Anything  developing  later, 
therefore,  stays  in  the  uncon- 
firmed class  insofar  as  Rosen- 
blatt is  concerned  until  the 
next  day. 


Sever  With  National 

Portland,  Oct.  9.— Walter  Bever 
has  been  named  as  Oregon  repre- 
sentative for  National  Theatre  Sup- 
ply Co.,  with  headquarters  in  Port- 
land. 


Lyle  Talbot  Injured 

Hollywood,  Oct.  9.— Lyle  Talbot 
is  in  Cedars  of  Lebanon  Hospital 
suffering  from  concussion  of  the  brain 
and  possible  skull  fracture  as  a  re- 
sult  of   an   automobile   accident. 


9no„;.  g.  3(„„a«f,  fA«. 

World'.      LirXeit      Stock      Shot      Library 

Over   20   .Million    F«t   of   Indc«d    N.<.liv« 

Inslanliy.  Available 

729- 7th  Ave.     BKyam  9-4417      N.  V.  < 


Most  stocks  Slump  Slightly 

High  Low  Close 

Columbia   Pictures,  vtc ociz  94,/  -,.,, 

Consolidated    Film    Industries,    pfd 91/  S?|  '^ail 

Eastman   K<xlak    .'..^ ::;;:::    /gp^  //^  //» 

Pox   Film   "A" 16^  153/  jg^ 

Loe'ws,    Inc             33^4  32,;!  ^^ 

Paramount    Publix    11/-  ,(/  Ti) 

Pathe   Exchange    \Q  \U  \6 

pa^th^e  Exchange  "A" .::.::::::::::::::::  4  /'  H 

warner-Bros.---;:::::;:::;:::::::::;::::::::::::::::::  ^i  fi  f^ 

Technicolor  Gains  One  Half 

High  Low  Close 

General  Theatre   Equipment,  pfd Vs^  V<,  U 

Sentry   Safety   Control Vi  U.  V 

Technicolor  ;;;;;:;;  ^^y  lo^  j/* 

T""5  Lux 154  m  IM 

Trading  in  Warners  Heavy 

High  Low  Close 

General  Theater   Equipment  6s   '40 57^  ^y.  ctz 

General  Theatre  Equipment  6s  '40,  ctf V/a.  A'l  MA 

KeithB  F  6s'46 ;:;:::;  46^^  4^/*  4"/^ 

l^w  s  6s    41,  ex  war     86J^  gg  gg 

Paramount  F.    L.  6s  '47 35  34  34 

Paramount    Publix    S^s    'SO ■.'.;■.■.■.■.■.'.■.■.:    32J^  32^^  32}^ 

Pathe  7s    37,   WW                gO  80  80 

Warner   Bros.  6s    39,  wd 46J4  46  46 


Net 
Chcuige 

+  Yz 


+  Vs 
+  K 
+  'A 


-  'A 
+  'A 


Sales 

600 
300 
700 
200 

1,600 

1,000 
500 

2,500 
200 

5,600 


i  Purely 
Personal  ^ 

GEORGE  GERHARD  will  hold  a 
special  preview  today  on  "The 
Private  Life  of  King  Henry  VIII" 
for  local  columnists.  Meanwhile, 
Monroe  Greenth..\l  has  put  on  Meyer' 
Beck  to  assist  in  the  local  exploita- 
tion of  the  U.  A.  release. 

Maria  Jeritza,  opera  star;  Leon 
Leonidoff,  stage  director  at  Radio 
City,  and  Claude  Alain,  head  of  the 
French  dubbing  department  for  Fox, 
arrive  today  aboard  the  He  de  France. 
The  singer  plans  to  do  some  film 
work. 


Grad  Sears,  in  charge  of  Warners 
southern  and  western  distribution,  de- 
parted yesterday  on  a   10-day  trip  to    ' 
Chicago,   St.   Paul,   Minneapolis,   Des 
Moines  and   Omaha. 

Lester  F.  Martin,  business  man- 
ager of  Allied  of  Iowa  and  Nebraska, 
is  taking  time  out  from  the  code  con- 
ferences for  a  short  New  York  visit.. 

E.  W.  Hammons,  Educational 
head,  leaves  today  for  the  coast  to 
discuss  production  problems.  He  will 
be    out    there    about    two    weeks. 

Sherman  Krellberg  of  Amuse- 
ment Securities  has  returned  from 
Washington,  where  he  has  been  at- 
tending the  code  meetings. 

Howard  Dietz  landed  in  town  yes- 
terday after  a  lengthy  stay  on  the 
coast  where  he  worked  on  "The  Hol- 
lywood Party." 

Roy  Disney,  brother  of  Walt 
Disney  and  his  business  manager, 
will  be  in  town  the  latter  part  of 
the   week. 

Norma  Terris  begins  work  today 
in  "Around  the  Clock,"  a  musical 
short,    at   the    Vitaphone  plant. 

Harold  B.  Franklin  took  his  opera 
glasses  for  a  walk  yesterday  morning 
en  route  to  the  office. 

Harry  C.  Arthur  is  now  occupying 
Morris  Kinzler's  office  at  the  Old 
Roxy. 

James  Melton  will  head  the  stage 
show  at  the  old   Roxy  Friday. 


Net 

Chancre  Sales 

100 

200 

-I-  'A  3,400 
100 


Net 
Change 

+  Vs 


+  Vz 
-V4 

-  'A 


+  34 


Sales 

12 
3 
1 
6 
7 
1 
7 

81 


IS  WAR 
BRACKET 


NOW  BOOKING  ENTIRE  U.  S. 
STATE  and  FOREIGN  RIGHTS  for  Sale 
JEWEL  PRODUCTIONS,  723  7th  Ave.  N.Y. 


Tuesday,  October    10,    1933 


MOTION  PICTURE 

DAILY 


Legal  Snags  on  Salaries  Are  Seen 


Pay  Control 
Is  Believed 
Pushed  Aside 


Cancellation  Terms  Held 
Liberal  by  Selling  Heads 


(Continued  from  page    1) 

eventually  emerge  without  any  provi- 
sions of  this  nature. 

This  may  result  in  a  return  to  the 
text  of  the  article  as  originally  pre- 
sented, and  again  it  may  not.  More 
probable  are  changes  in  the  first  text, 
and  those  changes  may  prove  to  be 
a  middle-ground  attitude  between 
salary-fixing  as  such  and  a  clause 
which  may  be  construable  as  urging 
general  limitation  on  excessive  sal- 
aries on  the  ground  that  their  con- 
tinuance is  inimical  to  the  industry's 
good  and  that  therefore  every  efTort 
should  be  made  to  control   them. 

Another  unexpected  development  in 
the  code  parleys  came  tonight  when 
Lester  Cowan,  executive  secretary  of 
the  Academy  of  M.  P.  Arts  and 
Sciences,  petitioned  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt  for  a 
public  hearing  on  Article  10  in  the 
event  that  the  original  text  had  been 
at  all  altered.  His  communication 
asked  for  the  right  to  prepare  argu- 
ments designed  to  demonstrate  that 
such  changes,  if  any,  would  not  be 
incorporated  in  the  code  without  their 
intent  first  having  been  aired. 

Whether  this  will  make  necessary 
an  enforced  visit  from  the  coast  of 
members  of  the  Academy  code  com- 
mittee was  an  eventuality  which 
Cowan  said  tonight  he  could  not 
answer,  the  text  of  the  clause  being 
the  determining  factor.  Present  in 
Washington  is  George  Archinbaud, 
who  is  to  make  scenes  for  Radio's 
"Rodney"  in  the  vicinity  of  the  city. 
He  is  an  Academy  member.  Ex- 
pected is  Albert  Shelby  LeVino,  also 
a  member  of  the  Academy,  and  lat- 
er in  the  week  William  Sistrom,  su- 
pervisor of  the  picture,  and,  it  so  hap- 
pens, a  member  of  the  Academy  code 
committee  is  expected. 

What  Will  Rosenblatt  Say? 
Speculative,  too,  is  what  Rosen- 
blatt's answer  will  be.  Since  he 
has  ruled  that  he  will  not  reply  to 
Questions  outside  of  press  interviews, 
there  appeared  little  point  in  attempt- 
ing to  obtain  a  statement.  An  effort 
was  made,  despite  this,  but  the  deputy 
administrator  could  not  be  reached. 
A    check   of    code    developments   in 


"Decidedly  liberal,"  is  the  way 
major  company  sales  managers  here 
characterize  the  straight  10  per  cent 
cancellation  privilege  on  pictures 
which  average  $250  or  less  which  was 
agreed  upon  for  the  industry  code  by 
company  heads  and  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt  in 
Washington    last    week. 

Although  unwilling  to  be  quoted  on 
individual  opinions  of  the  cancella- 
tion clause,  a  number  of  sales  man- 
agers estimated  that  approximately 
39  pictures  from  the  annual  output 
of  eight  companies  would  be  subject 
to  cancellation  under  provisions  of  the 
clause.  The  probable  distribution 
revenue  involved  would  approximate 
more  than  $6,000,000,  several  declared, 
if  all  theatre  accounts  eligible  to  do 
so  took  the  maximum  cancellation 
privilege   in   every   instance. 

"The  theatre  accounts  eligible  for 
the  cancellation  privilege  as  defined," 
one  sales  manager  stated,  "are  numer- 
ically large — they  will  run  into  the 
thousands  and  will  include  a  substan- 
tial part  of  distribution  revenue.  De- 
spite the  fact  that  the  clause  would 
not  apply  to  the  large,  key  city 
houses,  which  belong  to  the  selective 
picture  contract  group,  it  would  cover 
virtually  all  of  the  small  city  and 
metropolitan  subsequent  run  accounts. 
In  this  respect  it  is  a  decidedly  liberal 
provision." 

Despite  Rosenblatt's  assertion  Unat 
there  were  "no  strings  attached"  to 
the  cancellation  clause,  one  sales  man- 
ager declared  that  the  clause  "has 
many  angles"  and  he  did  not  care  to 
express  an  opinion  on  it  until  he  had 
studied  it  further.  He  said  that  the 
distribution  revenue  involved  "de- 
pended solely  upon  the  number  of 
houses  which  availed  themselves  of 
the  privilege  it  afiforded." 


Based  on  the  1933-34  product  an- 
nouncements of  the  large  companies, 
39  features,  or  10  per  cent  of  the  total 
announced  for  the  season,  might  be 
cancelled.  They  would  be  apportioned 
as  follows :  Warner-F.  N.,  6 ;  Para- 
mount, 6;  Fox,  5;  M-G-M,  5;  Radio, 
5 ;  Columbia,  4 ;  Universal,  4,  and 
United  Artists,  4. 


Rosenblatt's 
Latest  Word 
Starts  Buzz 


Kuykendall  Sees  75% 
Of  Theatres  Helped 

Washington,  Oct.  9. — Seventy-five 
per  cent  of  all  theatres  in  America 
will  benefit  by  the  10  per  cent  can- 
cellation clause,  according  to  Ed  Kuy- 
kendall, president  of  the  M.P.T.O.A. 
Obviously,  big  theatres  which  average 
over  the  stipulated  $250  rental  per 
picture  are  not  included,  but  thousands 
of  others  are,  particularly  where  situa- 
tions are  not  too  competitive.  In 
densely  populated  centers  where  com- 
petition is  keen,  the  probability  is  the 
cancellation  right  won't  mean  much 
on  the  ground  that  all  available  prod- 
uct will  be  necessary  to  keep  theatres 
supplied,  he  adds.  It  is  understood 
Kuykendall  played  a  pivotal  part  in 
obtaining  this  concession  from  dis- 
tributors. It  is  reported  he  told  Ros- 
enblatt separately,  and  distributors 
later,  that  the  M.P.T.O.A.  delegates 
were  not  hot  for  the  code  as  it  stood 
and  they  had  to  take  something  back 
to  their  membership.  The  concession 
will  apply  only  where  an  exhibitor 
buys  and  plays  a  distributor's  total 
product  and  in  addition  there  looms 
restrictions  on  method  of  cancellation. 
Probably  the  exhibitor  will  have  to 
space  out  rejections  over  a  period  of 
time  and,  perhaps,  a  given  number  in 
each  quarter  of  the   season. 


Say  Labor  Snagged 
Supply  Men's  Code 

(Continued   from   pane   1) 

workers.  Labor  insists  that  the  pre- 
vailing A.  F.  of  L.  scale  must  pre- 
vail. 

The  supply  dealers'  initial  code  ef- 
fort was  rejected  by  the  NRA  at  the 
public  hearings  here  last  week  when 
it  was  charged  that  the  code,  drawn 
by  National  Theatre  Supply  and  In- 
dependent Theatre  Supply  Dealers 
Ass'n,  was  not  representative  of  the 
industry.  The  supply  dealers  were  or- 
dered to  prepare  a  new  draft  more 
fully   representative   of  the   industry. 


other  industries,  however,  brought  to 
light  no  case  quite  like  the  Academy's. 
Rosenblatt  may  grant  the  request,  if 
he  likes,  and  he  may  not.  The  grant- 
ing of  public  hearings  to  listen  to  one 
disputed  proposal  in  an  entire  code 
was  regarded  as  a  remote  possibility 
tonight.  More  likely  seemed  the  pros- 
pect of  a  private  conference  on  the 
issue,  since  Rosenblatt  has  declaret' 
that  the  code  cannot  assume  its  final 
form  until  Article  10,  regardless  of 
contents,  is  finally  drafted  and  accept- 
ed. Moreover,  since  he  has  reiterated 
again  and  again  his  anticipation  that 
the  code  will  be  ready  by  Wednesday, 
disposal  of  the  Academy  developments 
takes  on  an  immediate  import. 

On  salary  fixipg,  the  major  pro- 
ducers tonight  were  reported  to  feel 
that  such  a  plan  could  not  be  enforced 
even  if  it  were  embraced  in  the  code. 
Elsewhere  there  was  speculation 
whether  important  stars,  provided 
they  were  regulated,  would  not  strike 
out  for  themselves  by  producing  their 
own  pictures,  and.  as  employers  of 
labor  thereby,  insist  that  the  NRA 
properly  could  not  restrain  them  from 
doing  so. 

This  is  the  situation  as  it  is  reliably 
understood  to  prevail  at  midnight. 
The  latter-day  aspects  of  code  delib- 


erations have  been  subject  to  wild 
speculation,  rumor,  and  considerable 
change,  with  the  result  that  situations 
presumably  agreed  upon  early  today 
are  being  dropped  or  altered  as  new 
developments    stalk   the   picture. 

Snags  to  Salary  Curb 

There  appears  little  reason  to  doubt 
that  the  Administration  would  prefer 
to  see  some  sort  of  a  halt  called  in 
skyrocketing  salaries.  It  is  the  hitch 
legally  and  practically  which  makes 
any  observance  of  it  difficult  and,  in 
the  opinion  of  some,  impossible. 

Tonight  unrest  among  remaining  ex- 
hibitor delegates  continued  to  mount. 
They  want  to  get  back  to  their  busi- 
nesses and,  not  so  privately,  several 
are  inquiring  why  Rosenblatt  is  keep- 
ing them  here.  Reports  bruited  about 
in  the  last  couple  of  days  that  John- 
son proposed  taking  a  hand  in  the 
code  formulation  are  believed  to  be 
without  foundation.  The  report  seems 
well  defined  that  the  administrator 
made  it  clear  to  major  producers  on 
Saturday  that  neither  the  President 
nor  Johnson  himself  contemplated  in- 
terfering with  Rosenblatt's  handling 
of  the  situation  unless  pronounced  in- 
equities crept  in.  This,  Johnson  is  said 
to  have  indicated,  is  not  the  case. 


Washington,  Oct.  9.— Deputy  Ad- 
ministrator Sol  A.  Rosenblatt's  state- 
ment to  newspapermen  late  this  after- 
noon that  the  industry  code  is  all 
finished  except  for  Articles  9  and  10, 
governing  agents'  negotiations  and 
star  "raiding,"  precipitated  a  buzz  of 
conversation  tonight. 

The  statement  could  be  interpreted 
several  ways.  Some  believed  it  indi- 
cated that  Rosenblatt  intended  to  push 
through  the  NRA  code  draft  practi- 
cally as  he  wrote  it. 

Apparently  contradicting  this  view- 
point is  the  M.P.T.O.A.  declaration 
issued  Sunday  night  and  unchanged 
today  that  that  organization  is  still 
moving  for  elimination  of  score 
charges,  designated  play  dates  and  the 
tying  in  of  shorts  with  feature  sales. 
A  second  contradictory  factor  is  the 
impending  code  analysis  by  the  insur- 
gent group  of  independents  which  has 
been  promised  for  Wednesday,  but 
which  may  not  be  completed  on 
schedule. 

Several  members  of  the  exhibitor 
committee  cannot  understand  Rosen- 
blatt's statement,  pointing  out  that 
certain  angles  of  the  operator  labor 
provisions  have  not  yet  been  clarified 
to  their  satisfaction.  These  exhibitors 
say  they  are  also  interested  in  learn- 
ing through  what  method  they  are  to 
carry  the  additional  overhead  imposed 
by  the  code  as  it  stands.  They  insist 
that  95  per  cent  of  the  additional  ex- 
pense is  theirs. 

Distributors,  on  the  other  hand, 
argue  that  the  traffic  will  be  passed 
on  by  the  exhibitors  to  the  public  in 
the  form  of  higher  admissions,  but 
important  exhibitor  opinion  prevails 
that  this  will  not  prevail  in  as  great  a 
degree  as  distributors  say.  Some  ex- 
hibitors insist  they  cannot  raise  ad- 
missions at  this  time. 


Chicago  Theatres 
Start  Code  Wages 

(^Continued  from  page   1) 

there  was  no  change  in  the  principles 
agreed  upon.  This,  Miller  indicated, 
referred  to  wages  for  operators,  stage 
hands,  engineers  and  maintenance  men. 
As  the  head  of  the  Simansky  & 
Miller  circuit.  Miller  advised  that  his 
houses  were  immediately  conforming 
to  the  Rosenblatt  scale,  and  urged 
members  of  his  organization  to  do 
likewise  without  waiting  for  the  Presi- 
dent's approval  of  the  completed  code. 
Miller's  action  is  the  first  definite  re- 
sult of  the  code  hearings,  and  locally 
means  that  there  will  be  an  increase 
for  cashiers  from  26  to  35  cents  per 
hour;  ushers,  from  175^  cents  to  25 
cents,  and  watchmen  from  20  to  35 
cents.  The  B.  &  K.  extra  weekly 
outlay  will  be  between  $4,000  and 
$5,000,  with  an  extra  outlay  for  other 
circuit  members  making  a  weekly 
total  of  about  $8,000. 


MOTION  PICTURE 

DAILY 


Tuesday,  October    10,    1933 


No  Delay  for  Independents^  Moves 


Terms  First 
Set  in  Code 


Washington,  Oct.  9. — Studio  labor 
which  had  the  edge  on  the  rest  of 
the  code  provisions  in  that  the  pro- 
ducers' offer  of  36  hours'  work  for 
40  hours'  pay  met  with  immediate 
acceptance  at  the  first  hearings  today 
is  entirely  out  of  the  woods,  thus  be- 
coming the  first  major  classification 
to  be  so.  Two  stumbling  blocks  no 
longer  remain. 

Following  conferences  with  Deputy 
NPL\  Administrator  Sol  A.  Rosen- 
blatt, Howard  Hurd,  representing  the 
International  Photographers'  Local 
659,  I.A.T.S.E. :  Charles  Boyle,  rep- 
resenting the  United  Scenic  Artists, 
and  M.  Jasper  withdrew  their  objec- 
tions and  left  for  Hollywood  com- 
pletely satisfied  with  the  code  as  af- 
fecting them.  It  had  previously  been 
reported  that  cameramen  were  dis- 
satisfied with  the  provision  which 
stipulated  that  they  cannot  be  relieved 
of  their  duties  while  a  picture  is  in 
production  and  be  replaced  by  other 
cameramen. 

Rosenblatt  declared  sound  tech- 
nicians, whose  objections  to  work 
wage  conditions  constituted  the  second 
hurdle,  are  now  satisfied.  Acceptance 
by  cameramen  is  a  victory  for  the 
producer  and  settles  the  argument 
that  switches  would  impair  produc- 
tion quality.  This  does  not  indicate 
that  changes  in  crews  will  not  be 
made,  but,  rather,  leaves  it  discretion- 
ary with  the  producer. 

Machinists  waited  on  Rosenblatt  this 
morning  complaining  that  the  code 
offered  them  no  benefits,  but  after  his 
explanation  the  emissaries  departed 
contented. 


Roxy  Loses  Appeal 
Over  Use  of  Name 

(Continued  from  page   1) 

decision  on  May  15  in  which  he  up- 
held the  contention  of  the  Roxy 
Theatre  Corp.  that  the  name  could 
not    be    taken    from    it. 

The  old  theatre  has  used  the  name 
under  a  contract  made  about  the  time 
of  its  construction  in  1925.  Under  an 
agreement  made  later  use  of  the  name 
was  to  have  terminated  Sept.  11,  1932. 
Rothafel,  in  the  meantime,  had  con- 
tracted to  permit  Radio  City  to  use 
the  name. 

Suit  to  prevent  use  of  the  term 
Roxy  at  the  old  theatre  was  brought 
against  its  receiver  by  receivers  for 
RKO  and  Rothafel  personally.  A 
special  master  and  the  U.  S.  District 
Court  held  that  the  Old  Roxy  might 
not  use  the  name,  but  the  Circuit 
Court  of  Appeals,  with  Judge  A.  N. 
Hand  dissenting,  held  that  it  might. 
After  this  decision  the  RKO  receivers 
dropped  the  case,  but  Rothafel  at- 
tempted to  secure  a  review  by  the 
U.  S.  Supreme  Court. 


\\'.\SHiNGT0N,  Oct.  9.— They're  burrowing  in  at  the  Mayflower  now.  Top- 
coats are  begmning  to  appear  and  the  codifiers  are  settling  down  for  a  long 
siege. 

• 
Sol  Rosenblatt,  it  might  be  well  to  remember,  made  no  promises  that  the 
code  would  be  finished  Wednesday.     He  merely  said  he  hoped  and  planned 
so.     There's  nothing  certain  about  all  of  this. 

• 
Bill  Jaffee's  been  having  a  tough  time.     That  cold  of  his  didn't  clear  as 
rapidly  as  he  and  the  doctor  thought.     The  stream  of  visitors  into  his  quar- 
ters has  been  steady.     Bill  is   flattered  at  the  attention  he  has  been  getting 
from  topline  executives. 

• 
Much   long  distance   telephoning  between  Washington   and   Hollywood   on 
that  ol'  Davil,  Article  10. 

• 
Nathan  Burkan  has  been  very  active  on  the  agency  situation  which  means 
Article  9. 

Dave  Palfreyman  is  improving.     He  spent  several  days  in  bed  last  week. 

• 

Harry  Cohn  called  his  brother.  The  Mayflower  operator  reported  no 
Jack,  but  a  John  S.  Cohen,  Georgia  Senator,  whose  son  and  namesake  covers 
pictures  on  the  New  York  Evening  Sun.  As  a  matter  of  fact,  Jack  had  not 
left  the  hotel  all  day. 

• 
E.  A.  Schiller  emerged  from  936  about  6  o'clock  Sunday  and  hit  the  air 
for  the  first  time  that  day.     He  developed  a  yen  for  oysters  and  satisfied  it 
across  the  bar  at   O'Donnell's. 

• 

Ed  Raftery  has  found  out  that  holding  on  to  his  sense  of  humor  is  an  im- 
portant   something   in   a   killing  grind   like   this. 

• 

Schiller,  incidentally,  dropped  in  on  Carter  Barron,  city  manager  for 
Loew's  here,  and  wondered  if  he'd  get  by  the  doorman  at  Loew's  Fox.  He 
did.     Three  newspapermen  groaned  and  cursed  their  luck. 

• 

The  telephone  gag  was  pulled  again  the  other  night.  Julian  Brylawski  of 
the  local  M.  P.  T.  O.  A.,  Sam  Wheeler,  Fox  manager,  and  Nelson  Bell  of 
the   Washington  Post  bit  hard. 

• 

Rosenblatt  was  looking  forward  to  a  day  in  the  country  on  Sunday.  He 
spent  it  in  his  office — from  9:15  on.  Twelve  hours  later  he  was  seen  hurrying 
into  the  upper  regions  of  the  Mayflower. 


Insurgents' 
Analysis  May 
Be  Set  Back 


RKO  recently  stated  the  new  name 
for  its  Roxy  would  be  RKO  Center. 


(Continued  from  page   1) 

rent  situation  may  be  likened  to  a  raft 
on  which  they  stand,  and  without  it  to 
lean  on  they  will  either  have  to  sink 
or  swim.  This  viewpoint  maintains 
that  haste  must  be  avoided,  for  the 
simple  reason  they  cannot  afford  to 
hurry  the  task,  as  it  requires  the  most 
careful  attention. 

At  the  same  time  the  analysis  is 
described  as  proceeding  as  rapidly  as 
possible  without  endangering  the  job 
in  hand.  The  impression  is  current  in 
their  minds  that  a  few  days  beyond 
the  promised  date  cannot  make  much 
difference  when  the  situation,  as  they 
see  it,  means  so  much  to  their  future. 
They  believe  the  President  and  other 
officials  in  the  NRA  will  willingly 
recognize  this,  although  they  are  mak- 
ing no  effort  to  create  the  impression 
this  viewpoint  represents  the  official 
attitude. 

In  the  meantime  the  code  will  ad- 
vance to  completion  "with  or  without 
analyses,"  Rosenblatt  declared  tonight. 


Strike  Talk 
Stirs  Among 
Coast  Actors 


(Continued  from  page  1) 
Directors    are    talking    of    forming 
their   own   guild,   although   no   official 
movement    has    been    started    toward 
this  as  yet. 

Local  reactions  from  the  producers' 
angle  are  that  it  would  be  imprac- 
tical to  limit  the  earning  power  of 
front  line  stars  to  any  fixed  amount. 
However,  it  would  be  practical,  some 
say,  to  pay  $2,000  per  week,  with 
added  contract  provisions  calling  for 
a  percentage  of  picture  profits.  It 
is  admitted  that  studio  executives' 
salaries  could  be  set  within  the  limit. 
One  argument  heard  is  that  it  doesn't 
matter  what  actors  are  paid  if  their 
pictures  return  a  profit. 


Circuit  Court 
Refuses  Move 
In  Para.  Case 


(Continued  from  page   1) 

in  U.  S.  District  Court  here  last  June, 
had  already  been  denied  by  the  ap- 
pellate court,  and  could  not  be  ap- 
pealed  a   second  time. 

Justices  Manton,  Hand  and  Chase 
of  the  appeals  court  reserved  decision 
on  another  appeal  from  an  order  of 
Federal  Judge  Francis  G.  Caffey  di- 
rectmg  the  payment  by  the  Paramount 
trustees  of  all  fees  connected  with  the 
equity  receivership.  About  $200,000, 
said  to  be  principally  in  attorneys'  al- 
lowances, is  involved.  The  court  gave 
Samuel  Zirn,  attorney  for  a  Para- 
mount bondholders'  group,  and  the 
author  of  both  motions,  until  Wednes- 
day to  file  additional  briefs  in  connec- 
tion with  the  latter  motion. 

Zirn  also  has  before  the  appeals 
court  a  motion  seeking  to  appeal  a 
decision  of  last  summer  denying  the 
removal  of  Charles  D.  Hilles,  Eugene 
W.  Leake  and  Charles  E.  Richardson 
as  Paramount  trustees,  and  Henry  K. 
Davis  as  referee  in  bankruptcy  for 
Paramount.  A  ruling  on  the  motion 
is  expected  within  the  next  week. 


Coast  Indies  Talk 
Over  Stand  on  Code 

(Continued  from  page   1) 

Hoffman,    president.     Other   meetings 
will  be  called,  it  was  said. 

One  member  of  the  group,  who  re- 
fused to  be  quoted,  said  that  it  was 
"probable"  they  would  not  sign  the 
code,  "as  its  present  provisions  would 
drive  all  independents  out  of  business. 
It  condones  certain  practices  which 
are  detrimental  to  our  interests  and 
gives  major  companies  the  weapon  of 
refusing  to  sell  to  theatres  in  which 
we  have  placed  films,"  he  said. 


Reports  Nathanson 
Seeks  Circuit  Buy 

(Continued  from  page   1) 

mont-British  financial  interests.  Na- 
thanson is  now  operating  partner  of 
the   Paramount   Canadian  theatres. 

The  acquisition  of  additional  the- 
atres by  Famous  Players  Canadian  is 
understood  to  have  been  sidetracked 
by  the  negotiations  reported  under  way 
between  Nathanson  and  Paramount. 


Cohn,  Long  Due  Today 

Harry  Cohn,  president  of  Columbia, 
and  Ray  Long,  newly  appointed  scen- 
ario editor,  are  due  from  the  coast 
today  for  home  office  conferences  re- 
garding new  story  material. 


Neither  Ralph  A.  Kohn,  in  charge 
of  Paramount  Publix  theatre  opera- 
tions, nor  S.  A.  Lynch,  in  charge  of 
the  company's  theatre  reorganization, 
could  be  reached  last  night  for  com- 
ment on  the  reported  offer  by  N.  L. 
Nathanson. 


/.  A.  Fazenda  Dead 

Hollywood,  Oct.  9. — Joseph  A. 
Fazenda,  father  of  Louise  Fazenda, 
is  dead  from  a  heart  attack.  He  was 
72   and   had  been   ill   a    short   time. 


L 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
intelligent 
and 

Faithful 
Service  to 
the  Inditstry 
in  All 
Branches 


VOL.  34.    NO.  86 


NEW  YORK,  WEDNESDAY,  OCTOBER  11,  1933 


TEN  CENTS 


SALARY-FIXING  DROPPED; 
NEW  NRA  CODE  '85%  O.  K.' 


Actors'  Guild 
Will  Not  Join 
Equity-Cantor 


Hollywood,  Oct.  10. — Eddie  Can- 
tor, in  an  exclusive  interview  today, 
spiked  the  persistent  rumors  that  the 
Actors'  Guild  would  affiliate  with 
Actors'  Equity,  with  local  autonomy. 
He  also  denied  the  organization 
would  ever  affiliate  with  any  other 
group,  though  it  nas  been  hinted  from 
inside  sources  not  connected  with 
Cantor  that  the  guild  might  sooner 
or  later  be  forced  to  become  affiliated 
with  the  American  Federation  of 
Labor. 

Cantor  emphasized  that  the  guild 
is  a  Hollywood  organization  for 
Hollywood  actors  in  all  classifications 
engaged  in  screen  work,  that  they 
are  in  no  way  a  belligerent  body,  but 
that  they  think  when  the  final  code 
is  adopted  it  will  be  fair  enough  to 
(.Continued  on  Page  10) 


Deny  Nathanson  Is 
To  Get  Big  Circuit 

Reports  from  Toronto  that  N.  L. 
Nathanson,  head  of  Famous  Players 
Canadian,  was  here  to  negotiate  for 
outright  purchase  of  the  Paramount 
Canadian  subsidiary,  were  denied  yes- 
terday by  Ralph  A.  Kohn,  head  of 
Paramount  Publix  theatre  operations. 

Operating  reports  of  the  Paramount 
trustees  have  revealed  the  Famous 
Players  Canadian  circuit  to  be  among 
the  most  profitable  theatre  properties 
of  Paramount,  which  is  regarded  here 
as  a  strong  argument  against  the  like- 
lihood that  it  will  be  disposed  of. 


Warner  Anti-Trust 
Suit  Off  to  Nov.  6 

Trial  of  the  Department  of  Justice 
anti-trust  suit  against  Warners,  an 
outgrowth  of  the  company's  acquisi- 
tion of  First  National  was  adjourned 
again,  this  time  to  Nov.  6,  when  the 
case  came  up  on  the  U.  S.  District 
Court  calendar  here  yesterday. 

Although  ofiicial  expressions  can- 
not be  obtained  from  either  Attorney 
General  Homer  S.  Cummings'  office 
(.Continued  on  page  11) 


About  85%  of 
Code  Settled, 
States  Deputy 


Washington,  Oct.  10. — Estimating 
85  per  cent  of  the  industry  code  is 
now  in  final  form.  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt  tonight 
saw  to  it  that  necessary  copies  were 
forwarded  immediately  to  the  labor, 
consumers',  research  and  planning,  in- 
dustrial and  labor  boards  of  the  NRA 
for  immediate  study  in  the  expectation 
that  these  five  boards,  which  must  pass 
on  all  industry  codes,  will  be  ready 
to  submit  reports  by  the  end  of  the 
week. 

Rosenblatt  said  he  had  reason  to 
believe  these  bodies  had  nothing  of  a 
pressing  nature  ahead  of  them  which 
(Continued  on  page  10) 


Demountable  Plans 
For  Theatres  Set 

Demountable  theatres,  made  of  in- 
terchangeable steel  beams  and  ranging 
from  27&  to  600  seats  each,  have  been 
patented  by  Pix  Theatres  Corp.,  new- 
ly organized  under  New  York  state 
laws.  Frank  R.  Wilson,  formerly 
vice-president  of  Principal  Distribut- 
ing Corp.,  and  John  S.  Clarke,  Jr.,  are 
sponsors  and  say  the  plan  which  was 
patented  in  Washington  two  weeks 
ago  makes  possible  construction  of 
(Continued  on  page  11) 


Allied ^s  Anti-Code  Fight 
By  Wires  Irks  Rosenblatt 


Article  10  Is  Swung  Back  to  the  Original 

Proposal — Agents  Are  Restricted; 

Parleys  Nearing  End 

By  RED  KANN 
Washington,  Oct.  10. — Efforts  to  regulate  star  salaries  through 
a  salary-fixing  board  passed  entirely  out  of  the  code  tonight  when 
Deputy  NRA  Administrator  Sol  A.  Rosenblatt  issued  a  second  re- 
vision of  the  pact  containing  the  highlights  of  the  original  Article 
10.  Generally  it  was  made  up  of  the  same  provisions  included  in 
the  producers'  code  delivered  to  the  NRA  on  Aug.  23,  but  with  a 
number  of  changes  which  Lester  Cowan,  executive  secretary  of  the 
Academy  of  M.  P.  Arts  and  Sciences,  declared  were  much  more 
vigorous  and  applicable  to  a  greater  number  of  players  in  Holly- 
wood than  the  first  provisions  covered. 

The  second  NRA  draft  to  be  issued 
within  a  week  demonstrated  itself  to 
be  more  specific  as  to  language.  Ac- 
cording to  Rosenblatt,  it  is  85  per  cent 
set  as  to  acceptance  by  different 
groups  with  the  exception  of  the  in- 
surgents, who,  it  appeared  tonight, 
will  rate  little  or  no  attention.  Insofar 
as  language  and  intent  are  concerned, 
the  deputy  declared  the  second  re- 
vision was  90  per  cent  identical  with 
the  first. 

Making  good  on  his  promise  that 
the  much-disputed  Articles  9  and  10 
would  be  ready  by  Wednesday,  the 
complete  text,  as  issued  tonight,  con- 
tained them. 

No  Final  Date  Set 
As  close  to  the  finish  line  as  Ros- 
enblatt declares  the  code  to  be,  he 
continued  to  be  cautious  in  his  state- 
ments. For  instance,  he  refused  to 
make  comment  on  when  the  code 
would  go  to  General  Hugh  S.  John- 
son for  the  approval  which  precedes 
inspection  and  signature  by  the  Presi- 
dent. 

He  conceded  that  while  85  per  cent 
was    agreed    upon,    the    remaining    15 
per  cent  presented  need  for  additional 
(Continued  on  page  6) 


"Riders"  for 
Sales  Pacts 
Are  Approved 


Washington,  Oct.  10. — Distributors 
may  insert  "riders"  in  the  standard 
optional  license  agreement  under  the 
general  heading  of  individual  sales 
policy,  it  is  provided  in  Part  1,  Sec- 
tion F,  of  the  second  NRA  code  draft 
made  public  here  today. 

This  provision  was  anticipated  and, 
as  a  matter  of  fact,  was  insisted  upon 
by  distributors.  The  second  draft 
adds  this  closing  sentence  to  the 
clause    which    appeared    in    the    first 

(Continued  on  page  10) 


Washington,  Oct.  10. — Insurgent 
exhibitors  will  get  no  consideration 
in  last-minute  deliberations  to  formu- 
late a  code.  Deputy  Administrator  Sol 
A.  Rosenblatt  strongly  intimated  to- 
night upon  discovering  that  a  flood  of 
telegrams  received  in  protest  to  the 
NRA  code  had  its  origin  in  an  or- 
ganized campaign  sponsored  by  vari- 
ous Allied  States  units. 

While  awaiting  copies  of  the  second 
NRA  draft,  which  now  looks  as 
though  it  would  be  the  final  code  for 
the    industry,    Rosenblatt    was    given 


two  bulletins.  One  was  dated  Oct.  8, 
and  sent  out  by  Allied  of  New  Jersey. 
The  second,  dated  Oct.  9,  was  sent 
out  by  the  M.P.T.O.  of  Eastern  Penn- 
sylvania, Southern  New  Jersey  and 
Delaware.  Both  bulletins  were  sent 
to  members  of  those  organizations  and 
ordered  the  recipients  to  flood  Pcesi- 
dent  Roosevelt  and  Administrjitor 
Hugh  S.  Johnson  with  telegrams 
solicited  from  their  employes,  local 
club  women,  newspapers,  bankers  and 
merchants  calling  upon  them  to  pro- 
(Continued  on  page  10) 


Still  Speculate  on 
Allied  Dual  Stand 

Washington,  Oct.  10. — Curiosity 
is  still  rife  over  why  Allied  informed 
Deputy  NRA  Administrator  Sol  A. 
Rosenijlatt  recently  that  its  delegates 
could  not  agree  on  disposal  of  the 
double  bill  question. 

A  man  who  says  he  has  had  access 

to  the  vote  on  the  issue,  as  taken  at 

the  code-forming  conferences  in  New 

York,    asserts    the    record    shows    all 

(Continued  on  page  10) 


MOTION  PICTURE 

DAILY 


Wednesday,  October   II,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Doily    Review 

and    Motion    Pictures    Today 


Vol.  34 


October  11,  1933 


No.  86 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•>i^\  PUBLISHED  daily,  except  Sunday 
£^  JlJ  and  holidays,  by  Motion  Picture 
^■1^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets:  Victor 
U.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edztnn  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the     U  B  ▲ 
Post  Office  at  New  York  City,    ^.."S^ 
N.  Y.,  under  Act  of  March  3, 
1879. 

Subscription   rates   per   year: 
$6     in     the    Americas,     except     %F^ 
Canada;     Canada    and    foreign     ■ntoamtun 
$15.      Single   copies:    10    cents. 


Roach  to  Celebrate 
20  Years  in  Films 

HoLLY\vooD,  Oct.  10.— The  Hal 
Roach  studio  is  planning  for  a  big 
festive  week  near  the  first  of  the  year 
to  celebrate  Hal  Roach's  20th  year 
in  the  picture  business. 

It  was  20  years  ago  in  January  that 
Hal  Roach  and  Dan  Lithicum  organ- 
ized the  Rolin  studio. 


Reeves  Opens  Own  Studio 

Hazard  E.  Reeves,  former  sound  di- 
rector at  the  Standard  Sound  Studios, 
is  now  on  his  own,  having  opened  a 
recording  studio  at  1600  Broadway, 
New  York  City.  He  will  do  synchro- 
nizing, dubbing  on  film  and  on  disc, 
electrical  transcriptions  and  recording 
on  location.  All  work  will  be  under 
his   supervision. 


**Footlighf'  Cleaning  Up 

Record  week-end  business  at  the 
Strand  is  reported  by  Warners  for 
"Footlight  Parade."  The  picture  pull- 
ed in  $23,020  Saturday  and  Sunday, 
playing  to  30,607  customers.  The  scale 
was  boosted  to  99  cents  the  two  djiys. 
The  first  four  days  of  the  picture's 
run  grossed  $45,481. 


Cohn  on  Way  East 

Hollywood,  Oct.  10. — Harry  Cohn 
has  left  here  by  plane  to  attend  a 
meeting  of  Columbia  directors  in 
New   York. 


MHntKtiiininiiHHtHiii 


IBEN  BLUE 


Starring  In  Series         I 

WARNER  BROS.  I 
SHORTS         I 


I     Froiucti  by 
1       SAM  SAX 


Directed  by 
RALPH  STAUB 


Direction:    LEG     MORRISON 


Looking    ^Em    Over 


''The  Big  Bluff" 

{Tower) 

Reginald  Denny  in  the  role  of  a  bogus  lord  held  a  Loew's  New  York 
audience  in  titters.  Doing  an  act  on  a  small  town  stage,  Denny  and  his 
performers  are  recruited  by  Donald  Keith  to  put  on  a  like  performance  at 
his  home.  The  reason  is  that  his  mother  is  upset  over  a  neighbor  having 
as  her  guest  a  lord,  Cyril  Chadwick,  who  is  the  talk  of  the  village. 

Various  humorous  situations  arise  which  nearly  upset  the  plan,  but  Denny 
sees  it  through  because  he  knows  Chadwick  is  a  crook  out  for  new  victims. 
The  hero  falls  in  love  with  Claudia  Dell,  sister  of  Keith,  and  the  romance 
almost  goes  on  the  rocks  until  it  is  revealed  that  Denny  is  in  reality  a  lord. 
The  thief  is  apprehended  just  as  he  is  about  to  make  a  cleanup  at  a  party 
in    the    heroine's    home. 

In  addition  to  Denny,  Miss  Dell,  Chadwick  and  Keith  are  J.  D.  Prouty, 
Phil  Tead  and  Alden  Gray.  It  seemed  to  please  an  afternoon  audience  at 
the   Broadway   house. 


Krimsky  to  Delete 
"Emperor**  Dialogue 

As  a  result  of  protests  registered  by 
Negro  newspapers,  colored  organiza- 
tions and  leaders  of  the  race  here, 
John  Krimsky,  co-producer  with  Gif- 
ford  Cochran  of  "Emperor  Jones,"  has 
agreed  to  delete  the  word  "nigger" 
wherever  it  appears  in  the  picture's 
dialogue  from  prints  booked  into  col- 
ored houses.  The  word  occurs  in  the 
film  34  times.  A  revised  print  with 
the  deletions  made  was  shown  in  a 
colored  house  in  Washington  last 
week. 

The  original  print  will  be  left  un- 
changed for  all  bookings  at  white 
houses,   Krimsky   states. 


Disney  Gets  Award 

Walt  Disney  has  been  awarded  a 
diploma  by  the  Academy  of  Fine  Arts 
in  Buenos  Aires  for  his  cartoon  crea- 
tions, according  to  word  received  here. 
The  early  part  of  this  year  a  similar 
honor  was  conferred  upon  the  creator 
of  Mickey  Mouse  by  the  National 
Academy  of  Arts  and  Letters  in  Ha- 
vana. Guy  P.  Morgan,  general  man- 
ager for  United  Artists  in  South  Am- 
erica, will  bring  the  award  with  him 
on  his  visit  to  New  York  in  Novem- 
ber. The  formal  presentation  will  be 
made   in    Hollywood. 


Releasing  Pigskin  Film 

Principal  Distributing  Corp.  on  Oct. 
15  will  release  "The  Kick-Off,"  three- 
reel  football  subject  with  many  promi- 
nent football  personalities. 


McKee  Film  Workers 
Name  Their  Leaders 

The  McKee  for  Mayor  campaign 
committee  has  appointed  Wayne 
Pierson  of  Weldon  Pictures  chair- 
man of  its  stage,  screen  and  radio  di- 
vision. J.  J.  McCarthy  of  Paramount 
was  appointed  associate  chairman,  and 
Charles  L.  O'Reilly,  president  of  the 
T.  O.  C.  C,  chairman  of  the  motion 
picture  division. 

The  campaign  committee  will 
stage  a  luncheon  at  the  Motion  Pic- 
ture Club  for  all  interested  members 
of  the  industry  some  time  next  week, 
the  date  to  be  announced  later. 


Meyer  Golden  Passes 

Meyer  Golden,  one  of  the  foremost 
producers  of  units  for  RKO  vaude- 
ville and  picture  houses,  died  early 
yesterday  of  a  heart  attack  while 
asleep.  He  was  63  years  of  age. 
Golden  had  been  ill  for  the  past  10 
years  and  returned  from  abroad  about 
a  week  ago  where  he  had  gone  to 
take  a  cure.  He  is  survived  by  two 
sons,  Maurice  and  George,  who  will 
continue  in  the  business.  Among  his 
various  productions  are  "Russian 
Art,"  "Garmark,"  "Blue  Bird,"  "Four 
Golden  Blondes"  and  "Night  in 
Spain." 


Arliss  Arrives  Today 

George  Arliss  arrives  from  Eng- 
land today  aboard  the  Europa.  The 
actor  will  proceed  immediately  to  the 
coast  to  make  "The  House  of  Roth- 
schild," a  20th  Century  production, 
with    "Sentenced"    following. 


Most  Stocks  Slump  Slightly 

High  Low  Close 

Columbia    Pictures,    vtc 24^  24  24 

Consolidated    Film   Industries,    pfd 954  954         9H 

Eastman    Kodak    78M  78  78 

Fox    Film    "A" 16li  WA  165^ 

Loew's,    Inc 33  32  3254 

Paramount    Publix    1%  V/z         Wt 

Pathe    Exchange    1!^  li^         154 

Pathe     Exchange    "A" 9}i  8^         8% 

KKO     2^  2%  2Vf. 

Warner    Bros 8  7-5^         7% 

Curb  Stocks  Inactive 

High  Low  Close 

Technicolor     14  11^  1254 

Trans    Lux     iy»  1%  lyg 

Warner  Bros,  Rises  % 

High  Low  Close 

General    Theatre    Equipment    6s    '40 554  554  554 

Keith    B.    F.    6s    '46 4554  45-^  45-^ 

Loew's   6s   '41,   ww   deb   rights 86  86  86 

Paramount    F.    L.    6s    '47 3154  3154  3154 

Paramount    Publix    S'As    '50 31'/4  315/^  3VA 

Warner    Bros.    6s    '39,    wd 46^4  4654  46?4 


Net 

Change 

Sales 

-  54 

400 

-f  54 

300 

900 

-54 

100 

—  'A 

1,300 

-f  5^ 

500 

-f54 

200 

-54 

700 

-1-54 

100 

-54 

2,200 

Net 

Ch2mge 

Sales 

+  Va 

19,500 

-5^ 

300 

Net 

Change 

Sales 

-f  V* 

3 

-54 

2 

1 

■¥  54 

1 

-f  ^ 

1 

+  34 

S 

i  Purely 
Personal  ► 

HOWARD  J.  GREEN,  associate 
producer  for  Radio,  will  be  in 
New  York  within  the  next  few  days 
on  a  month's  vacation.  While  here  he 
will  search  for  possible  picture  talent. 

Mrs.  Maude  Smith  has  arrived  at 
the  Warwick  from  Hollywood  to  join 
her  son,  Stanley  Smith,  who  is  ap- 
pearing on  Broadway  in  "Hold  Your 
Horses." 

Rosemary  Ames,  American  girl 
who  has  been  appearing  on  the  Lon- 
don stage,  is  on  her  way  to  Holly- 
wood to  play  in  Fox  pictures. 

Michael  Jackson  of  the  M-G-M 
publicity  department  will  have  his 
first  novel,  "Whistle  for  Me,"  out  on 
the  book  stalls  todav. 

Morris  Bleendef,  president  of  the 
Reliable  Display  Corp.,  constructed 
the  front  on  the  Strand  for  "Footlight 
Parade." 


Josef  Berne,  independent  producer, 
expects  to  return  to  the  coast  some- 
time next  week. 


Infra-Ray  Red  Film 
Is  Shown  in  London 

London,  Oct.  10  (By  Cable)— A 
revolutionary  demonstration  of  the 
infra-red  process  was  given  here  last 
night,  when  pictures  taken  in  the  dark 
at  a  meeting  of  the  British  Hnema- 
tograph  Society  were  screened  the 
same  evening.  It  was  stated  to  be  the 
first  public  demonstration  ever  staged 
and  claimed  to  open  unlimited  possi- 
bilities for  filming.  A  brilliantly  clear 
picture   was   obtained. 


Fox  Has  5  on  Broadway 

Fox  is  well  represented  on  Broad- 
way this  week,  with  five  films.  They 
are  "Dr.  Bull"  at  the  Music  Hiall, 
"Berkeley  Square"  at  the  Gaiety, 
"Charlie  Chan's  Greatest  Case"  at  the 
old  Roxy,  "My  Weakness"  at  the 
RKO  Roxy  and  "The  Good  Com- 
panions" at  the  Mayfair. 


Columbia  in  Tokio 

Columbia  will  open  a  distribution 
branch  in  Tokio  this  week,  the  com- 
pany states.  This  addition  to  Colum- 
bia's foreign  distributing  organization 
will  be  followed  later  with  the  open- 
ing of  additional  branches  in  the 
Orient,  according  to  the  company's 
plans. 


Pollard  Opens  Oct.  21 

"Bud"  Pollard  will  formally  open 
his  studios  at  Grantwood,  N.  J.,  Oct. 
21  with  a  dinner-dance.  The  Art 
Kahn  and  Paul  Sabin  orchestras  will 
supply  the  music.  "Dance  Hall 
Dames"  will  be  the  first  feature  to 
be  put  in  production  at  the  plant. 

Educ'l  Signs  More  Stars 

Educational  has  signed  a  number  of 
stage  and  radio  stars  for  its  shorts  to 
be  produced  at  the  former  Paramount 
Astoria  studios.  Among  those  signed 
are  Milton  Berle,  Lillian  Roth,  Bob 
Hope,  Tom  Patricola  and  Ernest 
Truex. 


Sr 


s^^ 


irS  MADE  OF  THE  STUFF  THAT  MADE  THE  MOVIES 


KATHLEEN  NORRIS' 


sensational  seller 

Stirring  revolt  of  a  wife  against  a  man  who  used 
their  marriage  as  a  smoke  screen  for  his  indis- 
cretions... and  repaid  her  loyalty  by  refusing  her 
the  right  to  motherhood.  A  woman's  picture  of 
tremendous  emotional  appeal . . .  with  gorgeous 
settings,  stunning  gowns. 


Ralph  MORGAN 


ROSITA      MORENO 


R  0  C  H  E  L  L  E     HUDSON 


Directeil     by    KENNETH    M«CKENNA 


JOIN     THE     UPSWING     WITH 


z, 


Dtzing  up 

the 


WELL,  I  SEE  "FOOTLIOHT  PARADE"  IS 
IN!  GROSSED  ABOUT  25  PERCENT  OYER 
•'GOLD  DIGGERS"  TH  FIRST  WEEKEND 

IN  NEW  YORK,  THEY  TEU  ME I'M 

FIGURIN    ON  JUMPIN   MY  SCALE 

AN  HOLDING    IT  A  WEEK  LONGER 

THAN  ^'diggers." 


YEA,  AN  BY  THE  TIME  YOU  GOT  IHiM 
SET  IN  YOU'LL  HAVE  ABOUT  HALF  A 
DOZEN  MORE  BACKED  UP  WAITIN  FOR 
DATES.  1 OUGHTTA  BE  GIVING 'EM  THIS 
FOOTBALL  SHOW ''THE  COLLEGE  COACH 
RIGHT  NOW,  BUT  THAT  MEANS  MOVING 
BACK  THE  NEW  CHATTERTON  AN  KAY 
FRANCIS  PICTURES. 


Vitagraph,  lnc.,Ditiribuforc 


THE  ONLY  THING  THAT'S  WORRYIN  ME 
IS  THAT  WARNERS  ARE  FIRIN'  SO  MANY 
BIG  SHOWS  AT  ME  I  CAN  HARDLY 
HANDLE  EM.  ^'PARADE'  IS  GONNA  TIE 
DP  MY  FIRST  RUNS  FOR  3  WEEKS  ANY- 
HOW,  AN  THAT  MEANS  1  GOTTA  HOLD 
OFF  ALL  THAT  TIME  WITH  STANWYCK 
IN  -EVER  IN  MY  HEART,"  MUNI  IN  "THE 
WORLD  changes;'  AN  POWEU'S 
**  KENNEL  MURDER  CASE." 


i>«^-. 


jim's  the  big  winner  toniqht,  isn'1 
he?  boy.  he  needs  it  with  that  prod- 
uct he's  stuck  with!  can  you  picture 
me  playing  shows  like  "anthony 
adverse;'  **wonder  bar,"  and  '•con- 
vention CITY''Rl<iHT  ACROSS  THE  STREET 
FROM  HIS  SHOOTING  GALLERY?  BETTER 
STICK  TO  POKER,  JIM,  AN  GIVE  UP  SHOW 
BUSINESS,  WHEN  YOU  GOTTA  BUCK 
OPPOSITION  LIKE  THAT! 


MOTION  PICTURE 

DAILY 


Wednesday,  October    II,    1933 


New  Code  85  P.  C  Completed 


Salary -Fixing 
Plan  Is  Out 
Of  New  Code 


{Continued  from  page   1) 

meetings  with  various  groups.  What 
these  meetings  would  be  and  with 
whom  were  something  he  likewise  re- 
fused to  outline,  although  one  of 
them  will  be  with  the  exhibitor  com- 
mittee on  labor  Wednesday  morning. 
Volunteering  the  information  that 
some  groups  had  signed,  Rosenblatt 
was  silent  on  details.  He  refused  to 
list  the  names  or  the  groups  by  indus- 
try divisions.  Another  possibility  is 
that  some  clauses  as  they  now  stand 
will  be  changed  further.  This  de- 
pends on  the  outcome  of  the  meetings, 
the  nature  of  which  he  declined  to 
discuss. 

Substantial  portions  of  the  second 
revised  code  have  undergone  changes 
in  text  and  position  in  the  docurnent 
as  it  now  stands.  Substantial  portions 
likewise  appear  as  they  did  in  the  first 
NRA  draJEt.  The  preamble  now  em- 
braces 15  trade  definitions  as  against 
the  original  17  and,  while  many  are 
identical  with  those  which  appeared 
in  the  first  draft,  several  are  not. 

Definitions  of  agents'  and  artists' 
bureaus  are  not  included.  Also  elimin- 
ated is  the  definition  of  a  contract. 

Authority  for  Same 

Exposition  of  code  authority  and  its 
function  is  essentially  the  same,  while, 
just  as  the  first  draft  had  left  blank 
personnel  of  this  important  body,  like- 
wise does  the  second.  Rosenblatt 
stated  he  was  not  ready  to  list  the 
names  of  those  who  will  serve  on  it. 

There  are,  however,  three  new 
clauses  in  the  code  authority  section. 
These  are  listed  as  Numbers  8,  9  and 
10.  The  first  vests  in  the  body  the 
right  to  prescribe  additional  rules 
governing  the  conduct  of  producers, 
distributors  and  exhibitors  among 
themselves  and  with  each  other. 
These  are  listed  as  Numbers  8,  9  and 
practices  if  approved  by  the  adminis- 
trator. 

Number  9  gives  code  authority  the 
right  to  use  facilities  of  regional 
and  local  trade  associations,  if  it  so 
decides,  to  further  its  operations. 

Number  10,  which  exhibitors  con- 
sider a  concession,  stipulates  no  mem- 
ber of  code  authority  shall  sit  on  any 
matter  involving  his  company  or  his 
own  interests  "directly  or  as  a  class." 

The  labor  provisions,  troublesome 
clauses  in  the  eyes  of  the  exhibitors, 
indicate  theatre  men  have  lost  their 
fight  to  have  the  prevailing  wage 
scale  for  operators  as  of  July  1,  1933, 
when  summer  cuts  went  into  effect, 
prevail.  -  The  code  reiterates  that  the 
scale  as  of  Aug.  23,  1933,  when  sum- 
mer cuts  had  been  restored  generally, 
is  to  be  the  rule.'  Exhibitors  tonight 
were  studying  these  provisions  anew 
and  had  not  indicated  to  Rosenblatt 
whether  or  not  they  would  accept 
them. 

Board  for  Players 

An  entirely  new  provision,  for 
which  the  Academy  through   Cowan, 


claims  credit,  concerns  free-lance  play- 
ers, of  whom,  Cowan  says,  there  are 
several  thousand  in  Hollywood.  The 
provision  calls  for  a  standing  com- 
mittee representative  of  employers, 
free-lance  players  and  the  public  to 
pass  on  grievances  and  problems  gov- 
erning the  working  conditions  under 
which  this  type  of  performer  is  to 
proceed.  Code  authority  will  super- 
vise this  activity.  This,  therefore, 
remains  the  situation  to  be  deter- 
mined at  some  future  date. 

Much  interest  centers  around  what 
was  Article  9  in  the  producers'  code, 
which  now  is  listed  as  Part  4.  It 
places  the  handling  of  agents  who, 
producers  have  insisted,  must  be  con- 
trolled in  code  authority.  Producers 
are  forbidden  to  transact  business 
with  agents  who  offer  gifts  or  gra- 
tuities to  producers  or  employes.  They 
are  forbidden  to  alienate  or  entice 
employes  under  written  contract  from 
their  present  employment,  to  know- 
ingly make  false  representations  to 
any   producer   in   negotiations. 

Wide  power  to  control  agents  is 
further  vested  in  code  authority, 
which  retains  the  right  to  license 
agents,  such  license  to  be  in  addi- 
tion to  any  required  by  state  or 
municipal  law,  and  also  the  right  to 
suspend,  revoke  or  cancel  such  license, 
if  the  agent  is  found  guilty  of  code 
violations.  In  the  offing  is  a  set  of 
fair  practices  governing  the  relations 
of    agents    and    producers. 

Participation  of  any  producer,  or 
an  employe  of  any  producer,  in  the 
agency  business  will  be  out  with  the 
signing  of  the  code  unless  notice  is 
furnished  code  authority  20  days  from 
the  date  on  which  such  an  interest  is 
acquired. 

Administration   Favors  Plan 

Failure  to  set  up  a  salary-fixing 
commission  follows  details  published 
in  previous  despatches  to  Motion 
Picture  Daily.  The  Administration, 
it  is  known,  favors  such  a  plan  and 
by  so  declaring  originally  gave  major 
producers  a  thought  which  they  had 
not  entertained  earlier.  Efforts  to  set 
up  a  board,  however,  met  opposition 
from  within,  the  Hays  member  com- 
panies failing  to  agree  among  them- 
selves on  the  much-discussed  issue. 
Indications  are,  therefore,  that  pro- 
ducers, by  returning  to  what  is  es- 
sentially their  original  proposal,  have 
scored  a  victory.  Doubt  over  the 
legal  aspects  of  any  salary-fixing 
commission  also  played  a  vital  part  in 
the  decision  which  tonight  was  re- 
ported to  have  been  furthered  along 
following  the  meeting  which  Nicholas 
M.  Schenck  had  with  General  John- 
son on  Monday. 

No  Secret  Agreements 

The  article,  now  listed  as  Part  5 
of  the  producer  section  of  the  code, 
bars  producers  from  secret  agree- 
ments or  fomenting  discord  among 
employes  under  contract  to  another 
producer.  It  bars  negotiations  of  any 
description  prior  to  the  last  30  days 
of  an  expiring  contract,  but  free- 
lance players  are  covered  in  a  sep- 
arate clause.  Where  a  competing 
producer  makes  a  bid  for  service 
within  the  confines  of  the  limiting 
clause  he  is  compelled  to  inform  the 
employing  producer  of  his  offer  and 
to  outline  fully  the  terms  and  condi- 
tions of   his   proposal. 


No  Cheers  on  Labor 

Washington,  Oct.  10.— Re- 
tention in  the  second  NRA 
code  submitted  tonight  of 
Aug.  23  as  the  determining 
date  on  which  operator  wage 
scales  are  to  prevail  elicited 
no  cheers  from  the  exhibitor 
committee   tonight. 

They  had  been  moving  for 
July  1  as  the  date  and  gen- 
erally believed  they  would 
win  their  point.  Aside  from 
the  date,  the  changes  in  the 
labor  provisions  are  slight 
and  generally  clarify  form- 
ulas under  which  disputes 
are  to  be  determined. 

At  a  late  hour  tonight  the 
exhibitor  committee  and 
other  codifiers  were  still 
studying  the  new  code  and  had 
not  signified  to  Rosenblatt 
whether  they  were  willing  to 
accept  his  decisions  on  labor. 
They  meet  with  him  Wednes- 
day morning  in  an  effort  to 
finally  reach  a  solution. 


Authority  Is 
Vested  with 
Full  Powers 


If  the  employing  producer  meets 
terms  and  conditions,  the  bidding 
ends,  but  the  player  so  involved  will 
retain  the  right  to  determine  whether 
he  prefers  to  continue  with  the  old 
employer  or  join  the  new  one.  In 
the  case  of  talent  under  written  con- 
tract for  at  least  one  year,  or  for 
three  pictures,  inclusive  of  options  and 
where  the  salary  is  not  less  than 
$250  per  week,  or  more  than  $2,500 
per  picture,  the  employing  producer  is 
to  be  given  the  right  to  match  the 
competing  offer  within  three  months 
after  the  contract  so  involved  ex- 
pires in  all  of  those  instances  where 
the  player  earns  less  than  $1,000  a 
week,  or  less  than  $10,000  per  picture. 
Other  classes  of  players  covered  are 
those  not  under  written  contract  but 
who  earn  not  less  than  $250  per  week, 
or  $2,500  per  picture,  as  well  as  those 
under  written  contract  for  a  period 
of  less  than  one  year  where  the  salary 
is  the  same. 

Registrar  is  Provided 

Replacing  the  administrative  com- 
mittee proposed  originally  by  pro- 
ducers will  be  a  registrar  cloaked 
"with  full  power  and  authority  to  de- 
termine the  good  faith  of  any  offer 
made."  He  will  also  designate  whether 
the  period  in  which  to  meet  competing 
offers  is  to  be  three  or  six  months. 
The  registrar  tonight  was  likened  to 
the  post  formerly  held  by  Edwin  J. 
Loeb,  prominent  coast  attorney,  under 
the  arbitration  agreement  signed  some 
time  ago  between  the  Academy  and 
major  producers.  _ 

If  code  authority,  or  any  commit- 
tee, appointed  by  it  for  the  purpose, 
discovers  any  producers  or  employe 
has  refused  to  meet  the  mandate  of 
this  clause,  it  may  order  all  producers 
to  refrain  from  hiring  any  such  em- 
ploye for  whatever  period  code  au- 
thority may  designate.  The  teeth  in 
this  provision  go  beyond  and  give  code 
authority  the  right  to  call  it  an  unfair 
trade  practice  for  any  distributor  or 
exhibitor  to  sell  or  to  show  any  pic- 
ture produced  by,  or  with  the  aid,  of 
such  person  regardless  of  how  or 
where  such  picture  is  made.    Thus  it 


becomes  apparent  culprits  will  be  for- 
bidden from  leaving  one  producer  for 
another  and  continuing  the  same  viola- 
tion. 

Section  8  of  this  division  in  the 
code  is  loaded  with  dynamite.  It  em- 
powers code  authority  to  "impose  re- 
strictions, prohibitions  or  conditions" 
as  it  may  deem  proper  upon  the  dis- 
tributor and  exhibitor  of  pictures  pro- 
duced bv  any  producer  who  "delib- 
erately, willfully  or  persistently  vio- 
lates any  of  the  provisions  of  this 
part."  The  registrar  will  be  appointed 
and  removed  by  code  authority. 

Other  major  changes  include  the 
readjustment  in  the  personnel  or  griev- 
ance and  zoning  and  clearance  boards 
as  announced  by  Rosenblatt  and  pub 
lished  in  the  Motion  Picture  DailI 
last  Saturday.  Likewise  the  code  de- 
tails terms  of  the  10  per  cent  can- 
cellation privilege  as  reported  on  the 
same  day. 


Code  Delaying 
Union  Parleys 
In  K.  C.  Area 


Kansas  City,  Oct.  10. — Code  dis- 
cussions are  delaying  new  labor  con- 
tracts in  the  Kansas-Missouri  terri- 
tory, according  to  Felix  Snow,  stage 
employes'  business  agent  in  Kansas 
City  and  regional  representative  of 
the  I.  A.  T.  S.  E. 

Contracts  with  unions  which  ex- 
pired Aug.  31  have  not  been  renewed 
by  Fox  Midwest  and  other  theatres 
in  Kansas,  pending  completion  of 
the  code,  said  Snow.  The  same  holds 
in  Kansas  City,  Kan.,  where  theatre 
owners  have  presented  union  demands 
to  the  district  NRA  representative. 
The  operators'  union  in  that  city  has 
decided  to  await  adoption  of  the  code 
before  pressing  its  claims.  The  I. 
A.  T.  S.  E.  general  office  has  sent 
out  instructions  to  that  effect,  it  is 
said. 

Outcome  Hinges  on  Clauses 

Outcome  of  Dubinsky  Bros.'  fight 
with  the  operators'  union  in  St.  Jo- 
seph, Mo.,  also  hinges  on  labor 
clauses  in  the  industry  code.  A  re- 
cent attempt  to  concijiate  differences 
under  authority  from  the  National 
Labor  Board,  met  with  failure  when 
the  union  local  refused  to  waive  ex- 
isting contracts  providing  for  two- 
men-in-a-booth. 

Contracts  calling  for  two  men  to 
a  shift  run  to  Dec.  1.  The  Dubin- 
skys  ask  a  reduction  in  manpower  at 
their  three  houses  in  St.  Joseph  and 
allege  they  were  forced  to  sign  pres- 
ent contracts  under  duress.  To  fight 
the  union,  they  said,  meant  violence  in 
the  form   of  stench  bombs   and   fire. 


Wednesday,   October    II,    1933 


MOTION  PICTURE 

DAILY 


Kuykendall  Outlines  Code  Qains 


Calls  Boards 
Outstanding 
Achievement'' 


a 


Washington,  Oct.  10. — The  out- 
standing single  achievement  in  the 
code  to  date  has  been  recognition  of 
the  principle  that  there  must  be  a 
clearing  house  to  which  every  man 
with  a  problem  may  take  it,  declared 
Ed  Kuykendall,  president  of  the 
M.  P.  T.  O.  A.  today.  That  the  code 
provides  such  machinery  through 
formulation  of  grievance,  zoning, 
labor  and  arbitration  boards  and  of 
the  code  authority  is  recognition, 
therefore,  of  "the  first  principle  laid 
down  by  the  M.  P.  T.  O.  A.,"  he  as- 
serted.    Following    is    his    statement : 

"Because  there  are  so  many  varied 
and  different  opinions  as  to  what  the 
proposed  first  revision  of  the  code, 
as  submitted  by  Rosenblatt,  does  and 
does  not  do,  the  M.  P.  T.  O.  A.  feels 
that  the  exhibitors  of  this  country  are 
entitled  to  a  fair  and  impartial  anal- 
ysis of  what  has  been  accomplished  up 
to  now,  holding  in  mind,  that  as  we 
issue  this  statement,  further  revisions 
of  the  proposed  code  are  being  made. 

"The  M.  P.  T.  O.  A.,  up  to  the  pres- 
ent time,  has  been  working  on  the 
formulation  of  a  code  that  would  be 
fair  and  impartial  to  all  interests  alike. 
We  have  been  ever  mindful  that  we 
are  representing  thousands  of  small 
tlieatre  owners  who  are  unable  to  rep- 
resent themselves  at  these  code  hear- 
ings and  we  are  trying,  with  every 
bit  of  energy  in  our  beings,  to  pro- 
tect them.  We  feel  that  the  theatre 
owners  are  entitled  to  every  considera- 
tion in  the  way  of  fair  trade  practices 
and  in  the  correction  of  the  evils  and 
abuses  that  have  so  long  beset  our  in- 
dustry. 

"Given  Up  Nothing" 

"Contrary  to  all  of  the  wild  rumors 
and  reports  that  'we  have  given  up 
everything  and  gained  nothing,'  we 
wish  to  say  to  the  theatre  owners 
throughout  this  country  that  we  have 
given  up  nothing,  nothing  we  ever 
had  and,  quite  to  the  contrary,  have 
gained  much  that  we  never  had.  So, 
with  these  thoughts  in  mind,  we  are 
proud  to  point  out  to  the  theatre  own- 
ers of  America  what  we  have  gained 
up  to  this  point,  asking  that  you  keep 
in  mind  that  we  are  still  contending 
for  those  things  that  we  think  are 
constructive  and  will  be  most  helpful 
to  the  motion  picture  industry  as  a 
whole — because  no  one  phase  of  this 
industry  can  survive  without  the  rest 
of  it  functioning : 

1.  Self  ReiTulation — The  greatest  single 
achievement  in  the  whole  code  has  been  the 
recognition  of  the  first  principle  laid  down 
by  the  M.P.T.O.A.  that  there  must  be  a 
place  for  every  man  with  a  problem  to  go. 
We  have  steadfastly  maintained  if  there  is 
to  be  a  code  of  fair  competition  it  must  pro- 
vide a  method  for  correcting  the  long  ex- 
isting evils  and  abuses  in  this  industry  as 
they  have  existed  and  arise.  In  this  fight 
we  have  been  victorious.  Under  the  new 
system  of  boards  and  the  national  code 
authority  there  is  a  place  for  every  wrong 
to  be  righted  and  where  every  man,  large 
or  small,  can  find  relief  from  unjust  dis- 
criminations. 


Rosenblatt  Explains  Why  Right 
To  Buy  Cannot  Be  Put  in  Code 

Washington,  Oct.  10. — Why  the  right  to  buy  did  not,  and,  in  his 
opinion,  could  not  go  into  the  code  was  explained  by  Deputy 
NRA  Administrator  Sol  A.  Rosenblatt  tonight.  He  has  said  in 
exhibitor  conferences  there  weren't  two  theatremen  who  agreed 
exactly  on  how  any  right  to  buy  arrangement  would  work  in  any 
given  case. 

Tonight  he  pointed  out  how  the  value  of  films  depended  on  the 
run  and  cited  the  local  Washington  situation  where  one  first  run 
gives  the  distributor  more  money  than  all  the  subsequents  com- 
bined. In  a  case,  for  instance,  where  a  picture  is  sold  on  30  per 
cent,  he  said  it  became  obvious  that  the  small  theatre  charging 
10  cents  could  not  deliver  the  same  performance  in  money  as  a 
larger  theatre  charging  50  cents,  and  he  asked  where  the  dis- 
tributor would  get  off  on  such  a  basis. 

This,  in  other  words,  is  another  slant  on  the  right  to  sell  which 
Rosenblatt  has  maintained  all  through  the  parleys  is  just  as 
important  as  the  right  to  buy.  It  is  still  his  idea  that  code 
provisions  limiting  over-buying  and  providing  for  settlement  of 
disputes  through  grievance  boards  and  the  code  authority  will 
prove  the  answer  to  the  right  to  buy  question,  although  not 
under  that  slogan. 


These  boards  are  four  in  number  and 
cover   every    field   of   exhibitor   activities. 

(a)  Zoning  and  Clearance  Boards,  to 
correct  all  abuses  which  may  come  up 
from  unfair  discrimination  and  excessive 
protection. 

(b)  Grievance  Boards,  to  correct  the 
evils  of  over-buying,  unfair  withholding 
of  product  and  playdates,  unfair  compe- 
tition between  theatres  and  any  other 
justifiable  complaint  of  a  wrong  suffered 
or   injustice   done. 

(c)  Arbitration  Boards,  to  adjudicate 
all  complaints  arising  under  contract. 

(d)  Labor  Boards,  for  the  arbitration 
of  all  disputes  arising  between  employers 
and  employes  with  the  power  to  forbid 
lockouts,    strikes,    and   saljotage. 

(e)  The  Code  Authority,  a  national 
board  with  unlimited  powers  and  govern- 
ment representation  to  review  the  findings 
of  any  of  the  preceding  local  boards  on 
appeal.  To  initiate  investigations  of  its 
own  and  to  enforce  the  provisions  of  this 
code   fairly    and   impartially. 

Under  this  system  of  self  regulation  we 
feel  that  90%  of  the  problems  can  be  fairly 
dealt  with. 

2.  Labor — We  have  successfully  opposed 
the  demands  of  labor  for  two  men  in  the 
booth.  We  have  successfully  opposed  their 
demands  for  A.  F.  of  L.  intervention  in 
non-union    situations. 

3.  Uniform  Stsindard  Contract— An  under- 
standable contract  of  identical  and  uniform 
provisions  binding  on  all  distributors  alike, 
approved  and  enforced  by  Government  au- 
thority. 

4.  Definite  Avjulability  and  Forced  Re- 
lease— Whereby  protection  periods  run  au- 
tomatically against  prior  runs  to  insure 
availability  of  product  within  a  given  time 
to  the  subsequent  run  thereby  preventing 
the  arbitrary  withholding  of  product  by  the 
prior   run. 

5.  Eliminations — A  flat  elimination  of  10 
per  cent  of  product  where  the  average 
price  per  picture  is  $250  or  less  on  group 
license. 

6.  Desisrnated  Playdiites — On  a  given  day 
of  the  week  cannot  be  arbitrarily  forced  by 
the  exchange  without  the  consent  of  the 
exhibitor  at  the  time  of  contract,  and  even 
where  so  contracted  the  designated  date 
may  be  changed  if  unsuitable  to  exhibitor's 
patronage   on   the   designated   date. 

7.  Tying  Shorts  with  Features — Sharp 
restrictions  designed  to  prevent  forced  buy- 
ing of  more   shorts  than   exhibitor   requires. 

8.  Forced  BookingT  of  Shorts  with  Fea- 
tures, or  Vice  Versa — This  practice  is  out- 
lawed where  optional  arbitration  clause  is 
agreed    to    by    exhibitor. 

9.  Overbuying — Prevented  where  done  for 
the  purpose  of  depriving  competitor  of 
product. 

10.  Substitutions — Definitely  defined  with 
acceptance   optional   with   e'xhibitor. 

11.  Poster  Exchanges — We  have  success- 
fully opposed  the  demands  of  distributors 
to   eliminate   poster  exchanges. 

12.  Intimidation  and  Coercion — By  threats 
of  competition  to  induce  exhibitor  to  sign 
a   contract  are  prohibited. 


13.  Distributors'  Employes  —  Prohibited 
from  using  positions  to  interfere  with  com- 
petitive buying  where  such  employe  has 
interest  direct  or  indirect  in  competing 
theatre. 

14.  Non  Theatricals — Prevented  where  un- 
fair  competition   to  established   theatre. 

15.  Box-Office  Receipts — Confidential  in- 
formation and  its  divulgence  by  a  distribu- 
tor  or   agent    is    prohibited. 

16.  Price  Adjustment — Provided  for  where 
contract  is  bought  on  an  average  price  per 
picture   and  all   pictures   not   delivered. 

17.  Compulsory  Identiiication  —  All  pic- 
tures must  be  designated  by  reference  to 
star,  director,  author  or  descriptive  synop- 
sis   on    contract. 

18.  Selective  Contracts— Notice  of  selec- 
tion or  rejection  must  be  given  within  21 
days  of  date  of  availability,  thus  speeding 
up  availability  for  subsequent  runs. 

19.  Unfair  Competition — Rebates,  script 
books,  lotteries,  coupons,  throwaways,  two- 
for-ones  and  other  similar  methods  of  un- 
fairly reducing  admission  prices  are  pro- 
hibited. 

20.  Premiums — Prohibited  by  vote  of  75 
peT  cent  of  theatres  in  a  given  clearance 
zone. 

21.  Interference  with  Possession — Inter- 
ference with  negotiations  or  peaceful  pos- 
session of  a  theatre  by  one  exhibitor  over 
another  is  prohibited. 

22.  Inducements  to  Breach  Contracts — Or 
to  procure  unfair  advantages  or  to  deprive 
another   of   product   are   prohibited. 

23.  Exhibitor  as  Distributor's  Agent — Un- 
der instructions  to  forward  film,  the  exhibi- 
tor for  this  purpose  acts  as  the  distributor's 
agent. 

Dual  Features  and  other  similar  matters — 
The  M.P.T.O.A.  has  always  maintained  that 
these  are  matters  for  local  determination, 
and  it  has  never  sought  to  dictate  to  its 
units  their  policies.  We  feel  that  condi- 
tions throughout  the  country  are  so  varied 
that  this,  and  similar  proble'ms  should  be 
left  to  local  determination." 


Rosenblatt  to  Talk 
To  Wisconsin  MPTO 

Washington,  Oct.  10. — Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt today  acdepted  the  invitation 
of  Fred  Meyer,  president  of  the 
M.  P.  T.  O.  of  Wisconsin,  to  address 
the  annual  convention  of  the  organiza- 
tion at  Milwaukee  during  the  first 
week  of  November.  He  is  slated  to 
speak  on  the   industry  code. 

Rosenblatt  already  has  an  invitation 
to  address  the  Southeastern  Theatre 
Owners  Ass'n.  convention  at  Atlanta 
the  end  of  this  month,  and  expects  to 
be  able  to  attend. 


Independents 
In  Hollywood 
Wire  Protest 


Hollywood,  Oct.  10. — Sam  Wolf, 
counsel  for  the  I.M.P.P.A.,  today 
wired  protests  to  President  Roosevelt 
and  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  declaring  the  code  did 
not  represent  their  interests  and  pro- 
vide for  their  protection,  and  re- 
quested a  hearing. 

The  association  believes  the  code  is 
unfair  and  imposes  a,  great  burden 
insofar  as  adding  further  cost  to  pro- 
duction without  a  means  of  protecting 
or  guaranteeing  sufficient  return.  The 
fact  that  double  billing  is  entirely  left 
out  of  the  code  leaves  it  wide  open 
for  major  companies  to  rubber  stamp 
their  contracts  prohibiting  exhibitors 
from  showing  their  product  in  connec- 
tion with  another  picture,  members 
assert. 

Regulations  as  they  stand  do  not 
prohibit  nefarious  and  vicious  prac- 
tices of  the  majors  which  assertedly 
would  prove  vastly  detrimental  to 
independents,  the  wire  stated.  Wolf 
further  declared  most  every  major 
point  for  which  independents  have 
been  fighting  for  has  been  left  out  of 
the  tentative  code. 


Washington,  Oct.  10. — Independ- 
ent producers  in  Hollywood  today 
wired  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  that  they  faced  extinc- 
tion if  ajiy  code  restrictions  on  duals 
were  made. 

Rosenblatt's  reply  was  to  the  effect 
that  the  code  did  not  even  mention 
duals,  and  he  asked :  "If  the  issue  is 
not  even  mentioned,  please  tell  me 
how  independents  figure  they  will  go 
under  ?" 


Educational  Film 
Users  Ask  Change 

Dr.  A.  Lawrence  Lowell,  head  of 
the  M.  P.  Research  Council  and  ex- 
president  of  Harvard,  has  sent  Pres- 
ident Roosevelt  a  letter  of  protest 
signed  by  90  members  of  the  coun- 
cil in  which  it  is  asked  "that  provi- 
sions now  in  the  codes  be  removed 
which  may,  if  retained,  prevent 
schools,  churches,  museums  and  other 
non-theatrical  agencies  from  renting 
and  exhibiting  current  films  in  their 
auditoriums,  either  with  or  without 
fee." 


Washington,  Oct.  10. — Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt today  declared  Dr.  Lowell  and 
senders  of  other  wires  on  the  above 
point  do  not  understand  the  pur- 
poses of  the  code  on  this  point.  He 
pointed  out  that  the  original  exhibi- 
tor proposal  might  have  had  the  re- 
sult pointed  out  by  Lowell,  but  that 
the  code  as  revised  today  indicates 
there  is  not  the  intention  to  restrict 
that  type  of  showing.  This  is  cov- 
ered in  Part  4  under  provisions  cov- 
ering distributors  in  the  new  code 
form. 


"A  SMASH!  Has  everything  a  picture  should 
have!  One  of  those   pictures  that  should 
exploit  itself  even   more   than   all    the 
tricks  of  shov^manship  could.    Certain  to 
bang  off  a  swell  tune  in  any  box-office!  ' 

—  HOLLYWOOD  REPORTER 

'An  uproarious  affair!  On  entertain- 
ment value  or  any  other  vy^ay  you 
look  at  it,  this  looks  in  the  bag! 

—  FILM  DAILY 


'Tab  this  as  a  record  wrecker. 
A  cinch  to  sell!  They've  handed 


When  JOSEPH  ^ 

A  DARRY 

PROi 


GEORGI 


Q  AU  RECORDS 


6»^f;J-^*CRACK  WIDE  OPEI 


S  250  CITIES  THIS  WEEK  CELEBRATE  THE  DEBUT  OF 


What  it  MuinL 


IHENCK  presents 

.  ZANUCK 

CTION 


''Gorgeous, Stirring  show...a  gold  standard 
money-maker.  .  .  grand    entertainment. 
Sets  a    prosperity  pace  for  production 
merit  and  box-office  sensations!" 

—  MOT/ON  ?[C1URE  DAILY 


—  VARIETY 


RAFT. 


"Gets  the  new  company  away  to  a 
grand   start  I   A   money   magnet 
11      at  any  theatre!" 

"A  knockout  show  with  ail  money- 
making  ingredients,  including 
pathos,  comedy,  brilliant  direc- 
tion, exquisite  mounting.  Story 
great!  —showman's  round  table 


^^CKlF 


AT  THE  RIVOt/, 


THE  REVIEWS/  THE  bov '^'^ 


lESiNc 


WITH  THIS  UNITED  ARTISTS  release 


10 


MOTION  PICTURE 

DAILY 


Wednesday,   October    II,    1933 


Insurgents  Qet  Little  Attention 


About  85%  of 
Code  Settled, 
States  Deputy 


(Continued  from  page   1) 

might  delay  the  rendering  of  opinions 
on  the  film  code. 

However,  the  undetermined  15  per 
cent  of  the  code  makes  it  difficult  to 
forecast  when  it  finally  will  be  ready 
for  General  Hugh  S.  Johnson,  who 
must  approve  it  before  submitting  it 
to  the  President. 

Declining  to  mention  names,  al- 
though pressed,  Rosenblatt  admitted  a 
number  of  groups  had  signed  the 
agreement  and  that  the  signatures 
were  being  held  in  escrow.  These 
signatures  are,  of  course,  predicated  on 
the  final  approval  of  the  code  as  the 
unknown  signatories  know  it,  or  as 
they  have  been  informed  it  will  be. 


No  Indie  Walkout, 
Declares  Johnston 

Denying  that  independent  produc- 
ers and  distributors  had  walked  out 
on  the  code  conference  in  Washing- 
ton, W.  Ray  Johnston,  president  of 
Monogram,  before  leaving  yesterday 
to  attend  resumed  conferences  with 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  today,  stated: 

"We  asked  the  administrator  for  a 
week's  time  to  give  attorneys  repre- 
senting independents  a  chance  to 
analyze  the  situation  and  offer  sug- 
gestions for  revision  of  the  code.  Dur- 
ing that  time,"  Johnston  said,  "some 
of  the  independent  producers,  distribu- 
tors and  exhibitors  left  Washington  to 
spend  the  week-end  at  their  homes. 
You  will  find  them  all  at  the  round- 
table  in  Washington,  however,  when 
the  independent  meetings  are  resumed 
Wednesday." 

Johnston  was  accompanied  by 
Harry  H.  Thomas,  president  of  First 
Division.  Jacob  Schechter,  attorney 
for  the  Federation  of  the  M.  P.  In- 
dustry, Inc.,  arrives  at  the  Capital  to- 
day from  Indiana. 


Still  Speculate  on 
Allied  Dual  Stand 

(Continued  from  page  1) 
exhibitor  members  on  the  committee 
voted  for  settlement  by  local  autonomy 
on  the  basis  of  a  60  per  cent  theatre 
vote  in  each  zone.  He  adds  the  one 
dissenting  vote  came  from  a  represen- 
tative of  affiliated  theatres  who  failed 
to  offer  any  alternative. 


ITOA  Discusses  Code 

Discussions  of  code  developments  in 
Washington  yesterday  highlighted 
the  weekly  session  of  the  I.  T.  O.  A. 
Harry  Brandt,  president,  and  the 
committee  return  to  the  capital  today 
after  detailing  the  code  events  at  the 
Astor  yesterday. 


Allied ^s  Anti-Code  Fight 
By  Wires  Irks  Rosenblatt 


(.Continued  f. 

test  the  Rosenblatt  code  draft  on  the 
ground  that  it  would  crush  small  thea- 
tres and  wipe  out  their  investments. 
The  appeal  to  employes  was  based 
on  the  assumption  that  the  code  would 
lose  them  their  jobs  through  the  al- 
leged theatre  closing  possibilities.  The 
appeal  to  club  women  and  ministers 
was  based  on  a  declaration  that  the 
NRA  draft  does  not  provide  for  adop- 
tion of  the  Hays  production  code  of 
ethics,  which  it  does,  and  that,  there- 
fore, salacious  pictures  inight  be  ex- 
pected to  flourish. 

Samuelson  a  Signer 

Wires  from  public  organizations 
were  directed  to  be  sent  to  President 
Roosevelt  and  those  presumably  af- 
fecting theatres  and  investments  to 
General  Johnson.  The  Jersey  bulletin, 
signed  by  Sidney  Samuelson,  president 
of  the  organization,  added  that  if  those 
agreeing  to  send  wires  wouldn't  pay 
for  them,  the  soliciting  exhibitor  must. 

In  his  bulletin  Samuelson  declared 
that  the  Jersey  unit's  telegram  quota 
was  5,000,  and  stated  that  Allied  "had 
reason  to  believe  that  100,000  wires 
in  the  White  House  by  Wednesday 
would  do  the  job." 

Wherever  wires  were  to  originate 
directly  with  the  public,  the  final  line 
on  the  page  of  the  bulletin  which  out- 
lined seven  different  arguments  against 
the  NRA  code  for  telegraph  purposes, 
finished  with  these  words :  "Use  any 
of  the  above  arguments  but  change 
the  words." 

Rosenblatt  was  alternately  amused 
and  angered  by  the  development. 

"I  had  been  wondering,"  he  remark- 


rom  page  1) 

ed,  "how  nearly  40  wires,  all  dated 
Minneapolis  and  sent  to  me  direct, 
purporting  to  express  the  code  objec- 
tions of  northwest  exhibitors  whose 
operations,  in  many  cases,  are  hun- 
dreds of  miles  from  that  city,  could 
have  originated  there  spontaneously. 
Minneapolis  is  the  home  of  Mr.  Stef- 
fes,  you  know,"  he  added,  referring 
to  W.  A.  Steffes,  head  of  the  North- 
west Allied  unit  and  former  national 
president  of  Allied. 

Says  It's  Countrywide 

It  was  Rosenblatt's  assumption  that 
if  this  sort  of  "propaganda  machine" 
functioned  in  territories  for  which  he 
had  proof  "it  was  also  functioning  all 
over  the  country  as  well." 

"General  Johnson  will  be  interested 
in  seeing  them,"  he  added. 

Rosenblatt  ordered  photostatic  copies 
made  of  the  New  Jersey  and  Penn- 
sylvania organization's  bulletins  and 
intends  to  send  them  to  the  White 
House  as  well  as  to  General  Johnson, 
he  said. 

"I  had  been  wondering  about  these 
wires,"  Rosenblatt  said.  "They  all 
contained  stock  phrases  and  my  suspi- 
cions were  aroused.  I  asked  some 
gentlemen  to  investigate,  and  their 
findings  are  what  I  have  just  given 
you,"  he  concluded. 

In  the  face  of  this  development  and 
also  in  view  of  the  fact  that  the  second 
NRA  draft,  in  Rosenblatt's  opinion, 
is  85  per  cent  completed,  it  appeared 
inevitable  tonight  that  the  code  analy- 
sis containing  the  independents'  objec- 
tions, vvhich  is  in  preparation  here  by 
the  insurgents,  will  be  completely 
disregarded. 


^'Riders"  for 
Sales  Pacts 
Are  Approved 

(Continued  from  page  1) 
NRA  code:  "Individual  distributor's 
sales  policy  provisions  may  be  insert- 
ed in  the  schedule  of  such  form  (the 
standard  optional  contract),  but  shall 
not  be  contradictory  to  any  provisions 
thereof." 

Much  "beefing"  from  independents 
on  this  added  provision  is  destined  to 
be  heard.  Their  contention  has  been 
that  the  sanctioning  of  a  distributor's 
right  to  add  clauses  not  already  in 
the  standard  contract  will  result  in  a 
ban  on  double  featuring  by  individual 
distributor  decision  to  prohibit  cou- 
pling their  pictures  with  any  other 
feature  on  the  same  bill. 


Para.  Buys  Two  Plays 

Hollywood,  Oct.  10. — Paramount 
has  purchased  "Sailor  Beware"  and 
"Double  Door,"  two  plays,  the  former 
by  Kenyon  Nicholson  and  Charles 
Robinson  and  the  latter  by  Elizabeth 
McFadden.  Carole  Lombard  has  been 
given  a  new  contract  by  the  company. 


Actors'  Guild 
Will  Not  Join 
Equity-Cantor 

(Continued  from  page  1) 
be  acceptable  and  avert  any   possible 
controversy. 

Asked  for  his  reaction  on  salary 
control.  Cantor  said :  "One  can't  con- 
trol the  earning  power  of  talent  any 
more  than  one  can  control  the  crea- 
tive ability  of  the  artist."  He  added 
the  earning  power  of  any  artist 
should  be  measured  by  the  profit  he 
can   command. 

The  guild  membership  now  totals 
750,  of  which  58  are  Academy  mem- 
bers. Three  more  actors  resigned 
from  the  Academy  today,  making  the 
total  of  resignations  27. 


Hollywood,  Oct.  10.  —  The  mass 
meeting  of  the  Writers'  Guild  called 
for  Thursday  for  final  discussion  of 
revisions  in  the  various  codes,  par- 
ticularly that  relating  to  the  signing 
of  long  term  contracts,  has  been  post- 
poned to  Sunday  night. 


Academy  to 
Take  Stand 
Upon  "Raids'' 


Washington,  Oct.  10. — The  atti- 
tude of  the  Academy  of  M.  P.  Arts' 
and  Sciences  on  Article  10,  covering 
star  "raids,"  as  it  appears  in  the 
second  NRA  code  draft  made  public 
here  today,  will  be  determined  fol- 
lowing a  meeting  of  the  organization 
held  in  Hollywood  tonight. 

Lester  Cowan,  executive  secretary 
of  the  Academy,  who  is  in  attendance 
at  the  code  sessions  here,  maintains 
that  the  clause  in  its  present  form  is 
much  worse  than  the  original  clause 
which  was  included  in  the  producers' 
code  in  that  it  affects  considerably 
more  players. 

Tonight  Cowan  did  not  expect  to 
receive  word  of  the  Hollywood  meet- 
ing's decision  until  3  or  4  o'clock 
Wednesday  morning  in  view  of  the 
time  difference  between  the  east  and 
west  coasts. 

Deputy  NRA  Administrator  Sol. 
A.  Rosenblatt  denied  today  that  any 
request  for  a  public  hearing  on  Arti- 
cle 10  had  been  received  from  Cowan, 
while  the  latter  contributed  to  a  re- 
sultant mystery  by  insisting  that  a 
letter  containing  such  a  request  had 
been  dispatched  to  the  deputy  ad- 
ministrator last  night.  Merely  to 
make  it  doubly  certain.  Cowan  added 
he  proposed  to  send  Rosenblatt  a  wire 
reminding  him  of  the  original  com- 
munication. 

The  possibility  of  a  public  hearing 
being  held  on  the  article  is  considered 
extremely  dubious,  however,  since 
Rosenblatt  has  stated  several  times 
during  the  week  that  no  more  open 
sessions  would  be  held  on  any  points. 
From  now  on  it  is  private  confer- 
ences, if  anything,  he  maintains. 


Cleveland  Pledges 
Support  to  Allied 

Cleveland,  Oct.  10. — Resolutions 
pledging  financial  support  to  Allied 
code  were  passed  yesterday  at  a  meet- 
ing of  the  Cleveland  M.  P.  Exhibitors' 
Ass'n.  which  was  attended  by  inde- 
pendents from  northern  Ohio.  The 
action  was  taken  following  addresses 
by  Sidney  Samuelson  of  New  Jersey 
Allied  and  Col.  H.  A.  Cole  of  Texas. 

Samuelson  and  Cole  left  here  last 
night  for  New  York,  expecting  to 
stop  off  at  Buffalo.  M.  B.  Horwitz 
was  named  as  delegate  of  the  Cleve- 
land exhibitors  at  further  code  nego- 
tiations in  Washington,  with  Myer 
Fine   as   alternate. 


No  Film  Help  Given 
For  ''Buy  Now'*  Work 

The  NRA  Buy  Now  campaign  is  in 
full  swing,  but  to  date  there  is  no 
evidence  that  the  film  industry  has 
participated  in  the  move,  according 
to  Frank  R.  Wilson,  head  of  the 
movement. 


Wednesday,  October    II,    1933 


MOTION  PICTURE 

DAILY 


K.  C.  Women  Form 
Better  Film  Group 

Kansas  City,  Oct.  10. — The  Bet- 
ter Films  Council  of  Greater  Kansas 
City  has  been  organized  under  the 
sponsorship  of  the  second  district, 
Missouri  Federation  of  Women's 
Clubs,  comprising  groups  in  Kansas 
City  and  vicinity.  The  announced 
purpose  is  selection  and  recommenda- 
tion of  pictures  suitable  for  children. 

Five  reviewing  committees  of  five 
members  each  are  to  be  appointed  to 
see  pictures  at  first  runs.  The  Film 
Council's  approval,  which  will  be 
based  on  the  committees'  recommen- 
dations, will  be  announced  to  members 
of  participating  organizations.  Other 
committees  will  have  charge  of  "fam- 
ily night"  selections,  publicity  and  a 
speakers'   bureau. 

"It  is  not  our  plan  to  take  any  mili- 
tant or  fighting  stand  for  censorship," 
according  to  Mrs.  Mason  C.  Alder- 
man, president  of  the  new  council, 
"but  we  do  intend  to  take  an  active 
interest  in  the  kind  of  pictures  that 
are  being  shown  to  our  children  and 
to  cooperate  with  the  exhibitors  in 
seeing  that  the  best  type  of  entertain- 
ment is  offered. 

"We  will  preserve  at  all  times  a 
complete  independence  of  action  from 
the  motion  picture  industry.  Commit- 
tees of  women  from  our  council  will 
attend  previews  or  first  runs,  consult 
with  managers  on  certain  points  and 
publicize  what  we  consider  the  out- 
standing and  worth  while  pictures 
through  the  radio." 


Cleveland  Men  Plan 
Exhibitor  Expansion 

Cleveland,  Oct.  10. — Plans  are 
under  way  to  expand  the  Cleveland 
M.  P.  Exhibitors'  Ass'n.  to  include 
all  territory  served  by  Cleveland  and 
Cincinnati  exchanges.  This  is  con- 
tingent on  success  of  the  organization 
in  fighting  for  a  repeal  of  the  10  per 
cent  amusement  tax.  A  mass  meeting 
of  all  Ohio  independents  has  been  call- 
ed by  G.  W.  Erdmann,  secretary  of 
the  association,  to  be  held  at  the 
Deshler,  Columbus,  on  Oct.  24,  when 
plans  will  be  formulated  for  a  new 
unit  of  northern  and  southern  ex- 
hibitors. 


New  Kansas  Taxes  Loom 

Topeka,  Oct.  10. — fndications  are 
Gov.  Alf  Landon  will  call  a  special 
session  of  the  Kansas  legislature  to 
convene  the  last  of  this  month.  Tax- 
ation will  be  taken  up,  among  other 
problems. 


"Sweetheart  of 
Sigma  ChV* 

(Monogram) 
Hollywood,  Oct.  10.— Mono- 
gram's ace  musical  should 
click  merrily  as  fine  enter- 
tainment. A  novel  collegiate 
drama  balanced  with  romance 
is  topped  by  an  exciting 
crew  race  spectacle.  Buster 
Crabbe,  Mary  Carlisle,  Flor- 
ence Lake,  Charles  Starrett 
and  Ted  Fiorita  are  the  name 
draws.  Should  be  profitable 
to  Monogram  franchise  hold- 
ers and  satisfactory  enter- 
tainment to  audiences. 

VIC  SHAPIRO 


In  Washington  Once  More 


Washington,  Oct.  10. — "He's  sold  us  out,"  yelled  Fred  Mayer  as  Ed  Kuy- 
kendall   ordered   double   orders   of   beer   and   raspberry   ice. 

"You're  crazy,"  replied  Kuykendall.  "I've  heard  so  much  about  double 
features,  I  unconsciously  order  my  food  that  way  now.  Besides,  some  of 
my  own  gang  is  giving  me  the  raspberry  so  regularly,  I  can't  resist  ordering 
that  kind  of  ice  cream. 

• 

Meyer  is  openly  jealous  of  Kuykendall  and  his  ability  to  pack  away  food. 
Says  he'd  give  10  years  of  his  life  to  eat  one  meal  like  Ed's.  That  is,  if  he 
survived  the  code  that  long. 

• 

Carter  Barron,  city  manager  for  Loew's,  varied  the  routine  Monday  night 
with  a  party  in  atmosphere  for  "The  Bowery"  at  Loew's  Fox.  It  opens  here 
in  a  couple  of  days. 

• 

Ben  Berinstein  will  have  earned  all  expense  money  if  the  M.  P.  T.  O.  A. 
crowd  continues  to  play  hearts  and  horses  with  him. 

David  Podell,  who  does  special  law  work  for  Paramount,  is  here. 

• 
General    relief    today    over    improvement    in    Dave    Palfreyman's    condi- 
tion.    He's  suffering  from  a  boil  and  had  to  undergo  several  minor  opera- 
tions.   His  wife  has  joined  him  from  New  York. 

• 
The  other  patient,  Bill  Jafifee,  is  coming  along,  too. 

• 
Eddie   Golden  and   Al   Friedlander  are   sticking  it  out  to  the  last.     They 
are  practically  the  only   representatives  of  the  insurgent  group  around  now 
on  the  code. 

• 
Jack  Cohn's  phantom  ball  team  and  the  gags  built  around  it  are  adding  a 
much-needed  lighter  touch  to  the  grind. 

• 
The  majors  are  recuperating  from  their  exploration  trip  through  the  De- 
partment  of   Commerce  building   last   Saturday.     A   lot  of  new   shoes   were 
broken  in  that  day. 

• 
Nate  Burkan  expected  to  pull  out  of  here  last  Saturday.    He's  still  around. 

• 
Jack  Cohn  had  a  dinner  party  planned  for  Herman  Robbins  and  some 
others  when  the  second  code  bout  delayed  it.  On  Saturday,  he  telephoned 
his  wife  he  expected  to  leave  that  night,  found  Article  10  interfering  again 
and  had  to  call  off  the  delayed  dinner  which  had  been  set  back  to  Sunday  and 
then  didn't  make  that.     Now  his  wife  isn't  answering  his  phone  calls. 

• 
That  dazed  film  man  roaming  the  streets  the  other  night  was  not  punch 
drunk.     It  seems  he   had  completed  reading  the  NRA   code  for  the  second 
time  and  it  got  him. 

• 
Sam  Dembow  and   George   Skouras   are  here  again,  although  neither   one 
knows  why.     So  they  went  into  a  bet,  along  racial  lines.     George  bet   Sam 
there  were  16,000,000  Jews  in  the  world.     Sam  maintains  there  are  not  more 
than  12,000,000.    A  hat's  at  stake. 

Second  bet  narrows  it  down.  George  says  if  there  aren't  16,000,000  the 
total  is  between  15,000,000  and  16,000,000.  Sam  figures  the  number  hits 
between   12,000,000  and   13,000,000.     A  suit's   at  stake  on  that  one. 

Third  involves  the  Greeks.  Skouras  would.  He  insists  there  are  not 
more  than  300,000  in  the  United  States.  Sam  holds  the  number  is  over  350,000. 
An  overcoat  changes  hands  on  the  third  of  the  trio. 

• 
Charlie   Kranz,  local  United  Artists  manager,  who  numbers  countless  ex- 
hibitors among  his  friends,  has  been  visiting  the  gang  at  night. 


Taylor  New  Warner 
West  Va,  Zone  Head 

Pittsburgh,  Oct.  10. — Marshall 
Taylor  of  Warner  Brothers'  New 
England  zone  has  just  been  appointed 
district  manager  of  the  West  Virginia 
division  in  Harry  Kalmine's  Pitts- 
burgh territory.  He  succeeds  James 
G.  Balmer,  who  resigned  recently  to 
become  general  manager  of  the  Har- 
ris Amusement  Co. 

Warners  have  also  filled  the  long- 
vacant  post  of  Main  Line  district 
manager  with  the  appointment  of 
Eddie  Moore,  city  manager  for  the 
circuit's  two  Johnstown  houses.  He 
takes  over  the  post  formerly  held  by 
Gilbert   Josephson. 

No  successor  to  Moore  at  Johns- 
town has  been  named.  The  Main 
Line  territory  includes  Greensburg, 
Altoona,   Johnstown  and  other  spots. 


Goldstein  Is  Named 
Variety  Club  Head 

Pittsburgh,  Oct.  10. — Harry  Gold- 
stein, Paramount  manager  here,  has 
just  been  elected  president  of  the 
Variety  Club.  He  succeeds  John 
Maloney,  M-G-M  branch  manager, 
and  will  be  inducted  into  office  at  the 
club's  annual  banquet  at  the  William 
Penn    Sunday  night,    Oct.   22. 

Other  officers  are :  First  vice-presi- 
dent, Harry  Kalmine,  zone  manager 
for  Warners ;  second  vice-president, 
M.  J.  Cullen,  manager  of  Loew's 
Penn ;  secretary,  James  G.  Balmer, 
Harris  Amusement  Co. ;  treasurer. 
Dr.  L.  G.   Beinhauer. 

Eight  directors  selected  were :  Ben 
Kalmenson,  Jules  Lapidus,  Art  Levy, 
Frank  Smith,  Bill  Benswanger,  John- 
ny Morin,  Brian  McDonald  and  Har- 
old W.  Cohen. 


Demountable  Plans 
For  Theatres  Set 


(.Continued  front  page   1) 

these  houses  at  less  than  $50  a  seat, 
which  they  state,  is  about  half  as 
cheap  as  the  cost  for  regular  perman- 
ent theatres. 

Each  house  weighs  under  60  tons 
including  seats,  furnishings  and  deco- 
rations and  will  be  equipped  to  project 
standard  width  films.  The  theory  is 
that  if  these  demountable  houses  don't 
pay  in  one  location  they  can  be  dis- 
mantled readily  and  set  up  on  an  open 
lot  or   plot  elsewhere. 

The  backers  maintain  cheapness  of 
construction  is  expected  to  prove  -it- 
tractive.  They  hold  that  financing  of 
regular  theatres  will  be  difficult  for 
the  next  10  years  and  so  contemplate 
opening  their  proposition  to  financing 
on  a  monthly  basis,  just  as  an  indivi- 
dual might  buy  an  automobile.  Wilson 
and  Clarke,  state  architects,  are  draw- 
ing plans  for  theatres  beyond  600  seat- 
ing capacity,  but  the  immediate  plan 
is  to  be  confined  to  three  theatres,  one 
seating  a  few  less  than  300,  a  second 
about  450  and  a  third  about  600. 


Warner  Anti-Trust 
Suit  Off  to  Nov.  6 

(.Continued  from  page   1) 

at  \yashington  or  the  Department  of 
Justice  headquarters  here  as  to  the 
effect,  if  any,  that  the  NRA  will  have 
upon  government  instigated  anti-trust 
cases  such  as  this,  indications  are  that 
the  case  will  be  indefinitely  sidetrack- 
ed after  the  completion  of  the  indus- 
try code  and  its  signing  by  Warners. 


Rosenblatt  Refuses 
To  Talk  on  Signers 

Washington,  Oct.  10.  —  Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt today  refused  to  comment  on 
Motion  Picture  Daily's  story  of  yes- 
terday stating  that  the  first  signatory 
to  the  code  was  the  Independent  Thea- 
tre Owners  of  Northern  California 
through  Morgan  Walsh  and  L.  S. 
Hamm.  He  also  took  the  same  atti- 
tude toward  the  reported  signing  of 
Harry  Brandt,  president  of  the  ITOA 
and  Jack  Miller  of  the  Chicago  Ex- 
hibitors' Ass'n. 


"Broadway   Through 
a  Keyhole" 

(20th  Century-U.A.) 
Hollywood,  Oct.  10.  —  The 
second  from  20th  Century  is 
released  on  the  crest  of  a 
tidal  wave  of  box-office  pub- 
licity. The  title,  Walter  Win- 
chell's  name  and  the  re- 
cent Jolson-Winchell  incident 
which  was  front-paged  every- 
where will  have  fans  ready 
to  storm  the  doors.  The  pic- 
ture oozes  the  Broadway 
flavor  in  night  club  life,  sing- 
ing, dancing,  comedy,  romance 
and  underworld  drama.  It 
will  undoubtedly  get  S.R.O. 
openings  with  smart  show- 
manship and  word  of  mouth 
publicity  following  to  big 
business. 

VIC  SHAPIRO 


You'll  laugh  with  tears  in  your  eyes! 
You'll  thrill  while  stifling  a  sob! 


turns  all  picture  formulas  upside  down 

and  hits  the  market  just  v^hen  football 

excitement  is  at  fever  heat! 


with  ROBERT  YOUNG,  LEILA  HYAMS, 

Johnny  Mack  Brown,  Andy  Devine,  Lucille  Lund,  Mary  Carlisle,  Grant 
Mitchell  and  many  others.  From  the  Saturday  Evening  Post  story  by 
Lucian  Gary.  Produced  by  Carl  Laemmie,  Jr.  Directed  by  Edward  Sedgwick. 
Production   arranged   by   Christy  Walsh.  Presented   by   Carl   Laemmie. 


14 


MOTION  PICTURE 

DAILY 


Wednesday,  October   II,    1933 


"Voltaire"  Is 
Twin  Cities' 
Lead,  $8,000 


MixxE.^POLis,  Oct.  10.— "Voltaire'" 
was  a  good  draw  both  here  and  in 
St.  Paul  last  week.  It  reached  $4,000 
at  the  Century  here  and  took  the  same 
amount  at  the  Riviera  across  the  river. 
Both  takes  were  §500  up. 

"Torch  Singer"  was  up  to  $6,000  at 
the  State  here.  Elsewhere  business 
was  just  fair. 

Total  first  run  business  was  $18,100 
in  Minneapolis.  Average  is  $17,200. 
In  St.  Paul  the  total  was  $13,900,  just 
$100  under  normal. 

Estimated  takings : 

Minneapolis: 
Week  Ending  Oct.  5: 

"VOLTAIRE"    (Warners) 

CENTURY— (1,640),      25c-40c,       7      days. 
Gross:    $4,000.    (Average,   $J,500.) 
"TURN    BACK    THE    CLX>CK"    (M-G-M) 

LYRIC— (1.238),  20c-25c,  7  days.  Gross: 
$1,300.   (Average,  $1,500.) 

Week  Ending  Oct.  6: 

"BRIEF   MOMENT'   (Col.) 

RKO       OR  PHEU.M— (2,900),       20c-40c,       7 
days.   Gross:    $5,500.    (Average,   $5,500.) 
"TORCH    SINGER"     (Para.) 
STATE— (2,300),    25c-40c,    7    days.    Gross: 
$6,000.    (Average,   $5,500.) 

"THE  REBEL"   (Univ.) 
WORLD— (400),    25c-75c,    7    days.    Gross: 
$1,300.    (Average,   $1,200.) 

St.  Paul: 
Week  Ending  Oct.  €: 

"TORCH  SINGER"   (Para.) 

PARAMOUNT— (2,300),  25c-40c,  7  days. 
Gross:    $5,000.    (Average,    $5,000.) 

"VOLTAIRE"    (Warners) 
RJV'IERA— (1,200),  25c-40c,  7  days.  Gross: 
$4,000.    (Average,    $3,500.) 

"LADIES  MUST  LOVE"  (Univ.) 

RKO  ORPHEUM— (2,600),  20c-40c,  7  days. 

Gross:    $3,500,    (Average,   $4,000.) 

"CHARLIE   CHAN'S   GREATEST   CASE" 

(Fox) 

TOWER— (1,000),   15c-25c,   4  days.   Gross: 

$800,    (Average,   $800,) 

"THE   LAST   TRAIL"    (Fox) 
TOWER— (1,000),    15c-35c,   3    days.    Gross: 
$600.    (Average,  $700.) 


Warner  Pittsburgh 
Houses  Make  Shifts 

Pittsburgh,  Oct.  10. — The  first  of 
the  policy  changes  in  Warner  the- 
atres to  follow  on  the  heels  of  Joe 
Bernhard's  and  I.  J.  Hoffman's  re- 
cent visit  here  has  just  been  an- 
nounced. It  puts  the  Sheridan  Square, 
in  East  Liberty,  and  the  Warner, 
downtown,  on  a  day-and-date  policy 
for  first  run  releases.  The  first  pic- 
ture under  the  new  arrangement  will 
be  Universal's  "Love,  Honor  and  Oh 
Baby,"  with  Slim  Summerville  and 
Zasu  Pitts.  The  Sheridan  Square  has 
been  operating  for  the  last  year  as  a 
second  run  house  on  a  split  week. 

Some  time  ago,  the  Warner  and  the 
Enright,  also  in  East  Liberty,  tried 
the  day-and-date  stunt,  but  it  was 
dropped  after  a  short  trial. 


Hyattsville  to  Open 

Baltimore,  Oct.  10. — By  a  vote  of 
435  to  255  Hyattsville,  Md.,  has  de- 
cided on  an  open  Sunday  for  films. 
The  ordinance  becomes  effective  after 
the  official  canvass  of  the  ballots. 


Balto.  Theatre  Opens 

Baltimore,  Oct.  10.— The  Little 
Theatre,  owned  by  Herman  Blum, 
with  Herman  G.  Weinberg  managing, 
has  been  given  a  formal  opening. 


'Broadway^  ^ Aided  by  Show^ 
100%  Above  Par  in  Denver 


Denver,  Oct.  10. — "Broadway  to 
Hollywood,"  helped  by  a  stage  show, 
was  a  sensation  here  last  week  at  the 
Orpheum.  Its  gross  of  $14,500  was 
$7,000  over  normal.  Holdouts  were 
the  rule  all  week. 

"This  Day  and  Age"  was  not  far 
behind  "Broadway  to  Hollywood"  as 
a  business-getter.  At  the  Denham,  in 
six  days,  it  piled  up  $10,000,  above 
average  by  $6,000.  This  sensational 
business  affected  the  other  first  runs. 

Total  first  run  business  for  the  week 
was  $39,750.     Average  is  $2?,500. 

Estimated  takings  for  the  week  end- 
ing (Jet.  5 : 

"HEADUNE    SHOOTER"    (Radio) 
ALADDIN  — (1,500),      25c-40c,      7      days. 
Gross:     $3,000,        (Average,    $3,000.) 


"THIS    DAY    AND    AGE"    (Para.) 

DENHAM— (1,500),  25c-30c-40c,  6  days. 
Stage  show.  Taken  out  after  six  days  to 
permit  house  to  return  to  Wednesday  open- 
ing.    Gross:    $10,000,      (Average,   $4,000.) 

"PENTHOUSE"  (M-G-M) 

DENVER— (2,500),  25c-35c-50c,  7  days. 
Gross:   $5,750.      (Average,   $6,000,) 

"BROADWAY  TO  HOLLYWOOD" 

(M-G-M) 

ORPHEUM— (2,600),  35c-40c-55c,  7  days. 
Stage  show.  Gross:  $14,500.  (Average,  $7,- 
500.) 

"LADIES  MUST  LOVE"   (Univ.) 

PARAMOUJST— (2,000),  2Sc-40c,  7  days. 
Gross:    $2,500.      (Average,   $3,500,) 

"THE    CONSTANT    WOMAN" 
(World   Wide) 

TABOR— (2,000),  20c-25c,  7  days.  Gross: 
$4,000,     (Average,  $3,500,) 


Portland  Piles  Up 
$3,000  for  Taddy' 

Portland,  Oct  .10.  —  "Paddy" 
proved  to  be  the  best  thing  in  some 
time  for  the  Liberty,  taking  high  hon- 
ors for  the  week  with  $3,000,  or  $1,- 
20O    over    average. 

After  two  weeks  at  Hamrick's  Mu- 
sic Box,  "Morning  Glory"  went  a 
third  week  at  the  Oriental,  keeping  up 
the  house  average. 

"Turn  Back  the  Clock"  at  the 
Broadway  brought  in  $900  over  the 
house  average  of  $6,000.  "One  Man's 
Journey"  at  Music  Box  brought  $1,000 
over  average. 

Total  first  run  business  was  $21,200. 
Average  is  $17,800, 

Estimated  takings  for  the  week  end- 
ing Oct.  7: 

"ONE   MAN'S   JOURNEY"    (Radio) 

HAMRICK'S  MUSIC  BOX— (2,000),  25c- 
3Sc-40c,  7  days.  Gross:  $4,000,  (Average, 
$3,000.) 

"MORNING  GLORY"    (Radio) 
(Third   PortUnd    Week) 

HAMRICK'S  ORIENTAL— (2,040),  25c- 
35c,  7  days.  Gross:  $2,000.  (Average,  $2,000.) 
"TURN    BACK    THE    CLOCK"    (M-G-M) 

BROADWAY— (1,912),  25c-35c-40c,  7  days. 
Gross:   $6,900.    (Average,  $6,000.) 

"THE  BOWERY"   (U.  A.) 

UNITED  ARTISTS— (945),  25c-35c-40c,  7 
days.    Gross:    $5,300,    (Average,   $5,000,) 

"PADDY,  THE  NEXT  BEST  THING" 
(Fox) 

LIBERTY— (1,800),  25c-35c-40c,  7  days. 
Vaudeville.    Gross:  $3,000,   (Average,  $1,800,) 


Paper  Praises  "Pigs" 

Baltimore.  Oct,  10, — Writing  of 
Walt  Disney's  "Three  Little  Pigs," 
the  Baltimore  Post  commented  edito- 
rially :  "This  little  piece  of  Disney's 
seems  to  be  the  augury  of  a  new  art- 
istic development  promising  a  per- 
petual library  of  the  cinema  compar- 
able to  the  libraries  of  the  printed 
word.  What  could  be  more  natural 
than  that  the  most  marked  artistic 
genius  in  this  mechanical  age  should 
grow  up  in  the  moving  pictures?  Dis- 
ney is  a  joy  for  the  present  and  a 
promise  for  the  future." 


Take  Kansas  City  House 

Kansas  City,  Oct.  10,— W.  P. 
Humston  and  W.  L.  Norris,  Weber 
Syncrofilm  distributors  here,  have 
taken  over  the  New  Diamond,  sub- 
urban house,  to  be  used  as  a  demon- 
stration theatre.  The  house  has  been 
renamed  the  State. 


"Harmony"  Hits  Big 
$10,100  in  Buffalo 

Buffalo,  Oct.  10. — "Too  Much 
Harmony"  piled  them  into  the  Hip- 
podrome last  week  to  the  tune  oi 
$10,100,  a  remarkable  showing.  The 
total  is  $4,100  over  average. 

"Three  Cornered  Moon"  was  also  a 
mild  sensation,  aided  by  a  stage  show 
at  the  Buffalo.  The  take  was  $18,700, 
above  normal  by  $3,700. 

"Dinner  at  Eight"  added  to  the  gen- 
eral impression  that  good  times  had 
returned  by  garnering  $12,000,  up  by 
$2,000  at  the  Erlanger. 

Total  first  run  business  was  $60,000. 
Normal,  including  the  Erlanger,  is 
$54,300. 

Estimated  takings  for  the  week  end- 
ing Oct.  6 : 
"THREE   CORNERED   MOON"   (Para.) 

BUFFALO— (3,500),  30c-55c,  7  days.  Stage: 
Howard  and  Jane  Thurston  &  Co,  Gross: 
$18,700,     (Average,   $15,000,) 

"NO  MARRIAGE  TIES"  (Radio) 

CENTURY— (3,000),  25c,  7  days.  Gross: 
$4,300.     (Average,  $6,000.) 

"DINNER  AT  EIGHT"  (M-G-M) 

ERLANGER— (1,400),     55c-$L65,    7    days. 
Twice     daily.      Gross:     $12,000,       (Average, 
$10,000.) 
"I  LOVED  YOU  WEDNESDAY"   (Fox) 

GREAT  LAKES— (3,000),  25c-40c,  7  days. 
Stage:  Sid  Marion  with  Estelle  Jayne,  Harry 
J,  Cooley  &  Co.,  Jack  Randall  and  Holly- 
wood Dancers,  Irving  Edwards,  Betty  & 
Tommy  Wonder,  Robbins  Family,  Paul 
Kirkland,  McDonald  Trio.  Gross  $9,500. 
(Average,   $10,000,) 

"TOO  MUCH  HARMONY"  (Para.) 

HIPPODROME— (2,100),  25c-40c,  7  days. 
Gross:   $10,100,     (Average,  $6,000.) 

"THE  OUTSIDER"  (M-G-M) 

HOLLYWOOD— (300),  25c-40c,  4  days.  2nd 
week.     Gross:  $200.     (Average.  $800.) 
"THE  BIG  BRAIN"  (Radio) 

LAFAYETTE— (3,300),  25c,  7  days.  Gross: 
$5,200.     (Average,  $6,500, 


Bern  field  Goes  to  U.  A. 

Kansas  City,  Oct,  10, — William  P. 
Bernfield,  veteran  film  man  and  ex- 
ploiter, has  resigned  from  the  local 
Paramount  exchange  to  accept  a  dis- 
trict exploitation  post  with  United 
Artists.  Bernfield  was  the  originator 
of  a  nationwide  checking  system  in 
1929. 


Baker  to  Steubenville 

Steubenville,  O,,  Oct,  10, — Man- 
rice  Baker,  who  managed  the  Cathin 
and  Nittany,  both  Warner  houses  at 
State  College,  Pa.,  has  resigned  to 
take  over  the  management  of  the 
Paramount  here. 


"Penthouse" 
Gets  $7,000 
In  Cleveland 


Cleveland,  Oct.  10. — "Penthouse" 
went  $1,000  over  average  to  $7,000  at 
the  State  in  the  slimmest  week  since 
cool  weather  arrived.  Business  took  a 
tumble  all  over  the  city.  "Dinner  at 
Eight"  opened  a  roadshow  engagement 
at  $1.65  top  at  the  Ohio  to  good  even- 
ing crowds.  Most  theatres  were  dis- 
appointed. "Narrow  Corner"  at  Lake 
also  went  over  average.  Others  just 
got  by. 

Total  first  run  business,  exclusive  of 
"Dinner  at  Eight,"  was  $35,250.  Aver- 
age is  $36,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  6: 

"SING.  SINNER,   SING"   (Majestic) 
ALLEN  — (3,300),     20c-30c-40c,     7     days. 
Gross:  $2,950.     (Average,   $3,000.) 

"BRIEF  MOMENT"  (Col.) 
HIPPODROME  — (3,800),  35c-44c-60c,  7 
days.  Vaudeville:  3  Ritz  Brothers,  Joe 
Morris  &  Co.;  Coloy-Murray  Revue;  Mul- 
lens Sisters;  The  Thrillers.  Gross:  $11,500. 
(Average,  $14,000.) 

"NARROW  CORNER"  (Warners) 
WARNER'S    LAKE— (800),   30c-35c-44c,  7 
days.    Gross:  $3,800.     (Average.  $3,500.) 
"MY  WEAKNESS"  (Fox) 
RKO     PALACE— (3,100),     30c-35c-44c,     7 
days.     Gross:   $6,000.     (Average,  $6,000.) 
"PENTHOUSE"  (M-G-M) 
STATE— (3,400),      30c-35c-44c,      7      days. 
Gross:   $7,000.      (Average,   $6,000.) 

"THIS  DAY  AND  AGE"  (Para.) 
"RED  HAIRED  ALIBI"  (Tower) 
STILLM AN— (1,900),   20c-30c-40c,   7   days. 
Gross:  $4,000,     (Average,  $4,000,) 

"DINNER  AT  EIGHT"  (M-G-M) 
(Road  Show) 
OHIO— (1,430),     $l,SO-$1.10-84c,     5     dayi. 
Gross:   $9,000. 


Loew  Opens  Central 
Ad  Spot  in  Columbus 

Columbus.  Oct.  10. — Divisional 
headquarters  for  Loew's  theatres  ad- 
vertising have  been  established  here 
by  William  A.  Finney,  western  di- 
vision manager.  The  purpose  is  an 
interchange  of  ideas  and  helpful  hints 
by  managers.  The  division  embraces 
the  territory  from  Columbus  to  Kan- 
sas City. 


F.  &  M,  in  St.  Louis 

St.  Louis,  Oct.  10. — Fanchon  & 
Marco  acts  are  now  being  booked  by 
the  St.  Louis  under  a  special  booking 
arrangement.  Reports  that  the  house 
would  be  turned  over  to  F.  &  M.  are 
denied  by  Harry  Koplar,  who  says 
there  absolutely  will  be  no  change  in 
the  management. 


Fidler  Opens  Exchanges 

Denver.  Oct.  10,— Lon  T.  Fidler, 
former  film  salesman  and  exchange 
manager,  has  opened  exchanges  here 
and  at  Salt  Lake  City.  He  will  mar- 
ket Principal  Pictures. 


Colorado  Houses  Slash    I 

Denver,  Oct.  10.— Scales  at  the 
Chief  theatres  in  Pueblo  and  Colorado 
Springs  have  been  cut  from  25  to  40 
cents  to  a  straight  25  cents.  Both 
houses  are  owned  by  the  Westland 
Theatres  Corp. 

Switches  to  First  Run 

Wilmington,  Oct.  10, — The  Rialto 
formerly  a  second  run,  has  changed 
its  policy  and  is  now  showing  first  run 
Fox  features  and  short  subjects. 


Wednesday,  October    II,    1933 


MOTION  PICTURE 

DAILY 


15 


ii 


Lady"  Pulls 
$20,000  Top, 
Philadelphia 


Philadelphia,  Oct.  10. — "Lady  for 
a  Day"  put  the  Stanley  in  the  big 
money  last  week  with  a  $20,000  take, 
a  remarkable  figure  $4,000  over  av- 
erage. The  stage  show  was  headed 
by  Frank  Fay. 

"Too  Much  Harnx)ny"  went  to  $14,- 
500  at  the  Boyd.  This,  too,  is  big 
money.  "Emperor  Jones"  was  the 
third  high  draw  of  the  week,  garner- 
ing $9,000,  up  by  $2,000,  at  the  Aldine. 
Total  f^rst  run  business  was  $93,200. 
Average  is  $82,550. 

Estimated  takings  for  the  week  end- 
ing Oct.  5 : 

"EMPEROR  JONES"  (U.  A.) 
ALDINE— (1,200),      40c-55c-6Sc,      6      days. 
Gross:    $9,000.    (Average,    $7,000.) 

"TUGBOAT  ANNIE"  (M-G-M) 
(Second    Run) 
ARCADIA— (600),     25c-40c-50c,     6     days. 
Gross:    $2,700.     (Average,    $2,400.) 

"TOO   MUCH    HARMONY"    (Para.) 
BOYD— (2,400),  40c-S5c-65c,  6  days.  Gross: 
$14,500.    (Average,   $12,000.) 

"BRIEF    MOMENT"     (Col.) 
EARLE— (2,000),      40c-55c-65c,      6      days. 
Stage:    Don    Redman's    Harlem    Revue    and 
the   Mills    Brothers.    Gross:    $13,500.    (Aver- 
age,  $12,000.) 

"MY  WEAKNESS"    (Fox) 
FOX— (3,000),   35c-55c-75c,   6   days.    Stage: 
James  Mellon,  Tasty-Yeast  Jestes.r  Sidney 
Page,    Van    Cello,    Sis    and    Buddy    Roberts. 
Gross:   $16,000.    (Average,   $16,000.) 

"THE   MASQUERADER"    (U.   A.) 
(Second   Run) 
KARLTON— (1,000),    30c-40c-50c,    6    days. 
Gross:    $4,000.    (Average,   $3,500.) 
"TARZAN,   THE  FEARLESS"    (Pfincipal) 
KEITH'S— (2,000),     25c-35c-40c,     6     days. 
Gross:   $4,500.    (Average,   $5,500.) 

"LADY   FOR    A   DAY"    (Col.) 

STANLEY— (3,700),     40c-55c-75c,    6    days. 

Stage:  Frank  Fay,  Diamond  Brothers,  Ray, 

Ellis   and  LaRue.    Gross:   $20,000.    (Average, 

$16,000.) 

"BUREAU    OF    MISSING   PERSONS" 

(F.    N.) 
STANTON— (1,700),     30c-40c-55c,    7    days. 
Gross:  $9,000.   (Average,  for  6  days,  $7,000.) 


"F.P.  1"  and  "Yes" 
High  for  Montreal 

Montreal,  Oct.  10. — "She  Had  to 
Say  Yes"  and  "F.  P.  1,"  on  a  dual 
bill  at  the  Capitol,  were  the  only  at- 
tractions in  town  to  show  strength  last 
week.  The  take  of  $9,500  was  $500 
over  normal. 

The  unusual  combination  of  "Em- 
peror Jones"  and  "Parole  Girl" 
at  the  Princess  brought  $6,000,  which 
was  slightly  under  mark.  The  Im- 
perial had  a  second  week  of  "La 
Pieuvre,"  which  brought  the  usual 
$2,000,  as  compared  with  $2,400  for 
the  first  week. 

Total  first  run  business  was  $37,500. 
Average  is  $39,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  6 : 

"F.    P.    1"    (Empire) 
"SHE  HAD  TO  SAY  YES"   (F.  N.) 

CAPITOI^(2,547),  2Sc-35c-50c-60c,  7  days. 
Gross:    $9,500.    (Average,   $9,000.) 

"LA   PIEUVRE"    (French) 
IMPERLAI^(1,914),      25c-35c-50c-60c,       7 
days,  2nd  week.   Gross:   $2,000.   First  week, 
$2,400.    (Average,    $2,000.) 
"MARY   STEVENS,    M.   D."    (Warners) 
LOEWS— (3,115),   25c-35c-50c-65c,   7   days. 
Stage    show.    Gross:    $9,500.    (Average,    $10,- 
500.) 

"BROADWAY   TO   HOLLYWOOD" 
(M-G-M) 
PALACE— (2,600),      25c-3Sc-50c-60c-75c,     7 
days.    Gross:    $10,500.    (Average,    $11,000.) 
"EMPEROR  JONES"  (U.  A.) 
"PAROLE  GIRL"    (Col.) 
PRINCESS  — (2,272),      25c-35c-50c-60c,      7 
days.  Gross:  $6,000.  (Average,  $6,500.) 


'  'Dinner ' '  Is  Pitt 's  Biggest 
Two-a-Day  Film  in  Years 


"Eggszema' 


Seattle,  Oct.  10.  —  Another 
public  sensation  has  petered 
out. 

The  latest  disillusionment 
comes  via  Police  Court,  where 
it  was  disclosed  that  the  man 
who  threw  eggs  at  Dave  Hut- 
ton,  vaudeville  baritone  and 
husband  of  Airaee  Semple 
MacPherson,  was  hired  to  do 
so  as  a  publicity  stunt  by 
the    Roxy. 

The  judge  said  it  was  a 
rash  thing  to  do — a  sort  of 
"eggszema"  calling  for  a  $25 
fine. 


"Bureau"  Leads  in 
Oklahoma  at  $3,700 

Oklahoma  City,  Oct.  10.— With 
the  exception  of  one  first  run,  the- 
atres had  a  very  profitable  week,  "Bu- 
reau of  Missing  Persons,"  set  in  at 
the  Liberty  a  two-change-a-week 
house,  proved  highly  successful  and 
was  held  over  for  a  full  week's  run, 
grossing  $3,700,  which  is  $300  above 
the  average  figure. 

"Gambling  Ship"  at  the  Capitol 
grossed  $3,200,  which  was  $200  above 
par.  "HeadHne  Shooter"  and  "De- 
luge" gave  the  Victoria,  a  suburban, 
a  big  week  of  $1,500,  which  is  $300 
above  normal.  "Morning  Glory" 
opened  strong  at  the  Criterion,  but 
fell  off  the  last  three  days  to  do  only 
a  $4,500  week,  which  is  $500  below 
par. 

Total  first  run  business  was  $12,- 
900.    Average  is  $11,700. 

Estimated  takings  for  the  week  end- 
ing Oct.  7 : 

"BURE^AU   OF   MISSING   PERSONS" 
(F.  N.) 

LIBERTY— (1,500),  10c-15c-26c-36c,  7  days. 
Gross:   $3,700.    (Average,   $3,000.) 

"GAMBLING    SHIP"    (Para.) 

CAPITOI^(1,200),     10c-20c-26c-36c-41c,     7 
days.    Gross:    $3,200.    (Average,   $3,000.) 
"HEADLINE  SHOOTER"    (Radio) 

VICTORIA— (800),    10c-15c20c-26c,   3   days. 
Gross:    $800.    (Average   week,   $1,200.) 
"DELUGE"   (Radio) 

VICTORIA— (800),  10c-lSc-20c-26c,  4  days. 
Gross:    $700.    (Average   week,   $1,200.) 
"MORNING   GLORY"    (Radio) 

CRITERION— (1,700),  10c-20c-26c-36c-41c- 
56c,  7  days.  Gross:  $4,500.  (Average,  $5,000.) 


Constant  in  New  Concern 

Liverpool,  O.,  Oct.  10. — East  Liver- 
pool State  Theatre,  Inc.,  has  been 
chartered  by  A.  G.  Constant,  Charles 
M.  Walsh  and  Benj.  L.  Bennett  to 
acquire  and  operate  the  State,  at  East 
Liverpool. 

Constant  operates  the  State,  at 
Steubenville,  as  also  several  other 
houses  throughout  Ohio. 


$t.  Louis  House  Opened 

St.  Louis,  Oct.  10. — The  Midtown- 
'tLmpress  has  reopened  under  the  man- 
agement of  Louis  and  Joseph  Ansell. 
The  house  has  been  refurnished  and 
has  a  new  sound  and  ventilating  sys- 
tem. It  will  run  on  a  dual  bill,  sub- 
sequent run  basis  with  a  night  top  of 
35  cents. 


Pittsburgh,  Oct.  10. — The  town's 
biggest  money  last  week  went  to  "Din- 
ner at  Eight,"  playing  a  roadshow  en- 
gagement at  the  Nixon,  and  "Too 
Much  Harmony"  at  the  Stanley.  The 
others  all  suffered,  hitting  below  par 
in  every  case. 

"Dinner  at  Eight"  proved  to  be  the 
best  two-a-day  grosser  around  here  in 
years,  getting  a  bit  over  $14,000  in 
11  performances,  missing  a  matinee— 
inasmuch  as  it  did  not  get  under  way 
until  Monday  night.  Booked  in  origi- 
nally for  only  two  weeks,  it  now  looks 
as  if  three  weeks  rnight  be  a  better 
guess. 

At  the  Stanley,  "Too  Much  Har- 
mony" got  away  to  a  great  start  and 
maintained  its  pace  until  the  closing 
day,  winding  up  with  a  sizzling  $14,- 
000,  the  best  figure  this  house  has  hit 
in  some  time. 

Otherwise,  business  was  off.  "Stage 
Mother"  was  a  dud  at  the  Penn,  get- 
ting only  $7,500,  while  the  Fulton, 
with  "Her  Bodyguard,"  sank  to  $3,400, 
the  poorest  gross  for  this  house  since 
it  reopened  eight  weeks  ago. 

The  newest  of  the  town's  first-run 
houses,  the  Pitt,  got  off  to  a  nice  start 
with  its  vaudeville-picture  policy,  gath- 
ering around  $4,800  with  "Dance,  Girl, 
Dance"  and  eight  acts. 

Total  grosses  in  the  seven  first  runs 
were  $49,550.  Average,  for  six  houses, 
is  $38^000. 

Estimated  takings  for  the  week  end- 
ing Oct.  7 : 

"DELUGE"    (Radio) 

DAVIS— (1,700),  25c-40c,  6  days.  Gross: 
$2,100.    (Average,   $2,500.) 

"HER    BODYGUARD"    (Para.) 
FULTON— (1,750),   15c-40c,  6  days.   Ooss: 
$3,400.    (Average,    $4,000.) 

"DINNER    AT    EIGHT"    (M-G-M) 
NIXON— (2,100),   55c-$1.65,   Gross:    For    11 
performances   in   first   week,   $14,000. 

"STAGE   MOTHERS"    (M-G-M) 
PENN— (3,300),     25c-50c,     6    days.     Gross: 
$7,500.    (Average,    $12,000.) 
"DANCE,    GIRL,    DANCE"    (First   Div.) 
PITT— (1,600),     15c-40c,     6     days.     Stage: 
Frank  Richardson,  Ann  and  Monica   Skelly, 
Ethel   Parker  and   Sandino,   Jones   and   Rea, 
Great    Noel    Lester,    Levan   and    Boles,    and 
Violet,    Ray    and    Nomran.      Gorss:     $4,800. 
(Average,    $4,500.) 

"TOO   MUCH   HARMONY"    (Para.) 
STANLEY— (3,600),  25c-50c,  6  days.  Gross: 
$14,000.    (Average,    $9,000.) 

"GOLDEN    HARVEST"    (Para.) 
WARNER— (2,000),  25c-S0c,  6  days.  Gross: 
$3,750.    (Average,   $5,000.) 


Wisconsin  Houses  Open 

Milwaukee,  Oct.  10. — Openings  in 
the  state  include  the  Strand  by  War- 
ners, with  a  25  to  40-cent  admission. 
Warners  have  booked  RKO  product 
in  addition  to  its  own.  The  Strand  is 
being  managed  by  Harry  Wren,  for- 
merly manager  of  the  Alhambra  and 
Palace  here.  It  is  the  circuit's  22nd 
house  in  the  state. 

The  Strand  at  Marinette  has  been 
reopened  by  Madagin  &  Laureman 
Real  Estate  Co.,  operators  of  the  Fox 
in  that  city.  It  is  being  managed  by 
E.  R.  Brennan.  At  Madison,  the 
Parkway,  operating  on  and  off,  re- 
opened permanently  Oct.  8  with  John 
Scharnberg  as  manager. 


Big  "Parade"  Book  Out 

Warners  has  just  finished  an  elabor- 
ate merchandising  book  on  "Footlight 
Parade."  All  types  of  exploitation, 
news  stories  and  other  advertising  ma- 
terial to  put  the  picture  over  are  in- 
corporated in  the  book. 


Lady"  Leads 
Seattle  with 
$8,000  Take 


Seattle,  Oct.  10. — "Lady  for  a 
Day"  at  the  Roxy  was  the  top  attrac- 
tion of  the  week  just  closed,  register- 
ing about  $1,500  over  the  average 
gross  of  $6,500.  "Broadway  to  Holly- 
wood" at  the  Fifth  Avenue  and  "One 
Man's  Journey"  at  the  Blue  Mouse 
were  good  for  average  business,  and 
"Torch  Singer"  at  the  Paramount  and 
"The  Sphinx"  at  the  Liberty  were 
slightly  under  par. 

"Morning  Glory"  in  its  second  week 
at  the  Music  Box  was  just  fair.  It 
appears  that  there  were  too  many  good 
attractions  for  any  one  house  to  reg- 
ister unusual  business. 

Total  first  run  business  was  $30,000. 
Average  is  $31,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  7 : 

"ONE     MAN'S    JOURNEY"     (Radio) 

BLUE    MOUSE^(950),    25c-35c-40c-55c,    7 
days.    Gross:    $3,750.    (Average,    $4,000.) 
"BROADWAY   TO   HOLLYWOOD" 
(M-G-M 
FIFTH     AVENUE— (2,750),      25c-35c-40c- 
55c,  7  days.  Gross:  $6,500.   (Average,  $7,000.) 

"THE    SPHINX"    (Monogram) 
"THE    LONE   AVENGER"    (Woldr    Wide) 
LIBERTY— (1,800),     10c-15c-25c,     7     days. 
Gross:    $3,500.    (Average,   $4,000.) 

"MORNING     GLORY"     (Radio) 
MUSIC     BOX— (950),     2Sc- 35c -40c -55c,     7 
days,    2nd    week.    Gross:    $3,250.     (Average, 
$4,000.) 

"TORCH  SINGER"    (Para.) 
PARAMOUNT— (3,050),    25c-35c-40c-55c,   7 
days.   Gross:   $5,000.    (Average,  $6,000.) 
"LADY  FOR  A  DAY"   (Col.) 
ROXY— (2,275),  25c-35c-50c,  7  days.  Gross: 
$8,000.    (Average,    $6,500.) 


No  Notes,  So  Court 
Rules  No  Violation 

Columbus,  Oct.  10. — A  decision 
handed  down  by  Judge  Benson  W. 
Hough  in  the  U.  S.  District  Court 
here  may  establish  a  precedent  in 
copyright    infringement    cases. 

In  the  suit  of  the  Famous  Music 
Corp.,  New  York,  against  Raymond 
F.  Crawford,  night  club  proprietor, 
Steubenville,  O.,  seeking  judgment 
for  $250  for  the  alleged  use  of  an 
orchestral  number  without  permission 
of  the  copyright  owner,  Judge  Hough 
ruled  that  since  the  evidence  dis- 
closed that  the  selection  was  played 
by  ear  rather  than  by  note,  there  was 
no  violation  of  the  copyright,  and 
found    for    the   defendant. 


Nimmer  in  Seattle  Job 

Seattle,  Oct.  10. — Morrie  Nimmer, 
former  manager  of  the  Paramount 
here  for  Evergreen,  has  just  been 
made  manager  of  the  Coliseum  by 
Frank  L.  Newman,  Sr. 

Al  Baker,  former  manager  of  the 
Coliseum,  is  at  Columbus  Hospital 
here,  and  when  recuperated  is  ex- 
pected to  be  set  in  the  Fox  at  Spo- 
kane, also  under  the  Evergreen  ban- 
ner. 


Rush  for  "AngeV*  Tickets 

Hollywood,  Oct.  10. — Although  the 
ticket  sale  for  the  premiere  of  Mae 
West's  "I'm  No  Angel"  has  not  been 
opened  to  the  general  public  by  Grau- 
man's  Chinese,  reservations  are  being 
phoned  in  to  Paramount  studios  so 
fast  that  an  extra  girl  has  joined  the 
publicity  department  to  handle  the 
calk 


,„,VDUOCSOUP 


I-   «\*.f.eid  of  Para 
Sho.  o.  .unnse  on  '''',^°  throng,  Dan'.elBoone^^  ^^^^_ 


"'*^^''    ^ll^l"     -^P°'-"   -^^^fc^^^^^^^^^^^^^^^^^  "  " 

UNIFORW?        ,he  Unle  Corporal, 


standing 


The  Leading 
Daily 

^Newspaper 
Of.  the 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


"*^ 


Alert/ 

Intelligent 

and 

Faith  full  fi 

Servlce^tb 

the  Indiistry 

in  All 

Branches 


VOL.  34.   NO.  87 


NEW  YORK,  THURSDAY,  OCTOBER  12,  1933 


TEN  CENTS 


H.  B.  Franklin 
Quits  as  RKO 
Theatre  Head 


Says  He  Plans  to  Enter 
Production  Field 


Harold  B.  Franklin  resigned  yester- 
day as  head  of  RKO  theatres  with 
the  intention,  he  said,  of  entering  in- 
dependent production  for  possible  re- 
lease through  RKO   Radio. 

The  resignation 
is  effective  Sun- 
day and  Franklin 
plans  to  leave  for 
Hollywood  imme- 
diately thereafter 
to  make  arrange- 
nents  for  his  pro- 
iected  production 
activities.  He  will 
remain  on  the 
west  coast  about 
three  weeks  and 
will  return  here 
io  establish  east- 
;rn  headquarters 
in  Radio  City,  he 
said. 

Franklin   stated  yesterday  that  the 
:ircumstances  of  his  resignation  were 
"perfectly  friendly"  and  that  he  was 
(Continued  on  page  2) 


H.  B.  Franklin 


Trustees  of  Para. 
May  Attack  Deals 

An  attack  on  the  validity  of  deals 
by  which  Paramount  Publix  ac- 
quired theatres  for  an  exchange  of 
stock  carrying  repurchase  agreements 
may  be  launched  by  trustees  of  the 
bankrupt,  it  was  revealed  yesterday 
at  a  creditors'  hearing  before  Referee 
Henry  K.  Davis. 

Known  to  be  afifected  by  the  trus- 
tees' scrutiny  which  is  now  under  way 
(.Continued  on  page  S) 


Job  for  Lawyers 

Washington,  Oct.  11. — Law- 
yers will  have  to  call  on 
lawyers  to  explain  the  clause 
covering  open  negotiations 
for  stars,  according  to  law- 
yers themselves.  '"It's  a 
great  break  for  us  provided 
we  can  figure  it  out,  because 
every  performer  in  Holly- 
wood will  require  legal  light 
of  the  Philadelphia  variety  to 
decipher  it,"  declared  one  of 
the  lawyers. 


Dissatisfaction  Over 

Code  Threatens  Delay 


Roosevelt  for  Pay  Halt; 
Daily  Story  Is  Confirmed 

Washington,  Oct.  11. — Confirming  Motion  Picture  Daily's  story 
of  Sept.  21  that  the  Administration  had  evidenced  an  active  interest 
in  excessive  salaries,  it  was  stated  at  the  White  House  today  that  the 
President  had  requested  Deputy  NRA  Administrator  Sol  A.  Rosenblatt 
to  learn  whether  immature  persons  were  receiving  unconscionable  sal- 
aries for  the  work  performed.  The  request  included  producers,  directors 
and  executives.  The  President  is  said  to  have  heard  reports  juvenile 
stars  and  directors  are  being  paid  salaries  four,  five  and  six  times  that 
received  by  the  Chief  Executive. 

The  history  of  the  incident  is  this:  In  the  morning  the  President 
held  his  regular  set  conference  with  accredited  White  House  correspond- 
ents. Among  them  was  Warren  Francis,  Washington  correspondent  for 
the  Los  Angeles  Times,  whose  paper  had  assigned  him  coverage  of  the 
film  code  to  the  practical  exclusion  of  all  other  stories. 

Francis,  at  press  interviews  with  Rosenblatt,  has  been  firing  many 
questions  concerning  salaries  and  salary-fixing  commissions  at  the 
(Continued  on  page    4) 


MPTOA  Men 
Now  Against 
Signing  Code 


Washington,  Oct.  11.— After  an 
all-day  meeting  of  the  exhibitor^  code 
committee,  which  began  at  9 :30  o'clock 
this  morning  and  continued  until 
about  8  o'clock  tonight  it  was  agreed 
that  the  M.P.T.O.A  cannot  subscribe 
to  the  code  in  its  present  form. 

Members  of  the  committee  hold 
sharply  divergent  views.  Their  ob- 
jections center  principally  on  the  labor 
provisions. 

Ed  Kuykendall,  president,  has  not 
(Continued  on  page    4) 

Theatres  Must  Help 
Pay  Code  Authority 

Washington,  Oct.  11. — The  nation's 
theatres  will  meet  their  need  of  the 
code  authority  grievance  and  zoning 
board  maintenance  either  on  the  basis 
of  the  number  of  seats  or  investment. 
Which  it  will  be  is  not  believed  de- 
termined as  yet.  It  is  likewise  diffi- 
cult to  compute  how  expensive  the 
machinery  will  be.  Undetermined  so 
(Continued  on  page  5) 


Myers  Doubts 
His  Group  Is 
To  Be  Ignored 


Washington,  Oct.  11. — Doubting 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  meant  what  he  inferred 
Tuesday  night,  when  he  indicated 
strongly  that  insurgent  groups  would 
get  no  consideration  in  the  last  stages 
of  code  deliberations  because  of  pro- 
tests to  the  code  said  to  have  origi- 
nated in  an  organized  campaign  spon- 
sored by  various  Allied  States  units, 
Abram  F.  Myers,  head  of  Allied,  to- 
day issued  the  following  statement 
(Continued  on  page  5) 


Rosenblatt  Declares 
For  Living  Wages 

Washington,  Oct.  11. — Expressing 
the  opinion  that  neither  IVesident 
Roosevelt  nor  NRA  Administrator 
Hugh  S.  Johnson  wants  labor  stand- 
ards lowered  and  that  industrial  peace 
can  exist  only  when  capital  and  labor 
go  forward  jointly,  Deputy  Admini- 
strator Sol  A.  Rosenblatt,  addressing 
the  American  Federation  of  Labor 
(Continued  on  page  5) 


Many  Groups  at  Odds  on 

Revised  Clauses  in 

New  NRA  Draft 


By  RED  KANN 

Washington,  Oct.  11. — This  busi- 
ness of  setting  up  a  code  for  the  film 
industry  piled  up  on  more  shoals  to- 
day and  tonight  after  various  groups 
had  had  a  chance  to  study  what  the 
second  revision  of  the  document,  as 
prepared  by  Deputy  NRA  Adminis- 
trator Sol  A.  Rosenblatt  provided. 

Coming  as  no  surprise  as  a  conse- 
quence was  the  failure  of  the  negotia- 
tors to  finish  their  job  by  the  prom- 
ised Wednesday.  It  seems  inevitable 
now  that  the  parley  will  run  to  the 
end  of  the  week  at  least,  unless  the 
NRA  should  arrive  at  a  decision  that 
the  industry  had  had  more  than  am- 
ple time  to  ponder  over  the  draft  and 
determine  to  close  out  any  further 
discussion.  This,  however,  is  remote, 
for  Rosenblatt,  in  response  to  a  direct 
question,  stated  at  his  regular  after- 
noon press  interview  that  lie  had  set 
no  deadline  beyond  which  the  code 
deliberations   may   go. 

The  situation  at  a  late  hour  tonigfit 
was  this : 

The  exhibitor  division  continues  to 
be  divided.  Allied  and  independent 
producers  and  distributors,  back  in 
force  in  Washington  again,  did  not 
complete  their  announced  analysis  to- 
day and  have  asked  Rosenblatt  to 
extend  until  Friday  morning  the  time 
in  which  they  may  finish  and  present 
It.  The  M.  P.  T.  O.  A.  is  dissecting 
the  second  revision  clause  by  clause, 
and  at  the  end  of  a  full  day's  session 
(Continued -on  Page    4) 


Chorus  Code  Terms 
Cause  New  Protest 

\Vashington,  Oct.  11. — Dissatis- 
faction on  the  part  of  Chorus  Equity 
Ass'n  over  work  and  wage  provisions 
of  the  code  covering  chorines  in  vau- 
deville and  presentation  houses  de- 
veloped today  when  Mrs.  Dorothy 
Bryant,  secretary,  declared  that  the 
revised  code  seeks  to  bind  independent 
(Continued  on  page     4) 


On  the  Code 

Further  developments  on 
the  code  appear  on  pages  4, 
5,  6  and  7  in  today's  issue. 


MOTION  PICTURE 

DAILY 


Thursday,  October  12,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Revitw 

<md    Motion   Pictures    Today 


Vol.  34 


October  12,  1933 


No.  87 


Martin  Quiglet 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•Sr\  PUBLISHED  daily,  exceot  Sunday 
^  j|  J  and  holidays,  by  Motion  Picture 
X*l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redbill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the    kj  n  ▲ 
Post  Office  at  New  York  City,  '^.,?*'^ 
N.  Y.,  under  Act  of  March  3. 
1879. 

Subscription   rates   per   year: 
$6     in    the    Americas,     except 
Canada;     Canada    and    foreign   •"•oo»««»<rT 
$15.      Single   copies:    10   cents. 


B,  I,  P.  Will  Handle 
''Tarzan"  in  Britain 

Arthur  Dent  yesterday  concluded 
negotiations  with  Sol  Lesser  for  dis- 
tribution of  "Tarzan,  the  Fearless"  in 
the  United  Kingdom  by  British  In- 
ternational Pictures.  Contracts  are 
slated  to  be  signed  today.  United 
British  Theatre  Corp.  will  be  the  new 
name  for  the  combined  B.I. P.  and 
A.B.C.  corporations  in  England. 

Dent  and  Lesser  are  tentatively 
slated  to  sail  Saturday  on  the  He  de 
France. 


Harold  Hurley  Gets 
New  Producer  Post 

Hollywood,  Oct.  11.— Harold  Hur- 
ley, who  was  promoted  from  the  Par- 
amount publicity  department  to  the 
jMDst  of  assistant  to  Emanuel  Cohen, 
studio  executive,  and  finally  to  asso- 
ciate producer  on  westerns,  has 
moved  up  another  notch. 

Hurley  will  now  produce  features, 
his  first  assignment  being  associate 
producer  on  "Sailor,  Beware,"  with 
Jack  Oakie. 


Miller,  Wohl  to  Produce 

Hollywood,  Oct.  11. — David  Miller 
and  Herman  Wohl  have  formed  a  new 
independent  producing  company  to  be 
known  as  Miller-Wohl  Productions. 
They  will  produce  for  the  independent 
market.  The  new  company  already 
has  finished  the  first  of  12  one-reel 
novelties  to  be  released  under  the 
trade-mark  of  "Comicruises"  and  are 
now  preparing  a  three-reel  featurette. 
This   will   be  followed  by  a   feature. 


AMPA  to  Hear  Bernays 

Edward  L.  Bernays  will  address  to- 
day's luncheon  meeting  of  the  .\MPA 
at  Sardi's.  His  topic  will  be  "Some 
Facts  About  Public  Relations  and 
Their  Importance."  Maurice  Cowan, 
publisher  of  the  Pictureqoer  Maga- 
zine of  London,  will  be  present  as 
guest  of  honor. 


H.  B.  Franklin 
Quits  as  RKO 
Theatre  Head 


iCoittinued  from  page  1) 

leaving  RKO  with  the  "best  of  feel- 
ings" for  the  company.  No  successor 
to  Franklin  has  been  named  and 
RKO  executives  were  unwilling  in 
the  absence  from  the  city  of  M.  H. 
Aylesworth,  RKO  president,  either 
to  affirm  or  deny  reports  which  linked 
several  RKO  theatre  men  to  the  post 
vacated  by  Franklin.  Among  those 
mentioned  were  Nate  Blumberg,  Or- 
pheum  Circuit  executive;  Charles  D. 
Koerner,  RKO  district  manager,  and 
Phil  Reisman,   Franklin's  assistant. 

It  was  stated  unofficially  that  in 
the  event  a  successor  to  Franklin  has 
not  been  named  by  Sunday,  Reisman, 
in  all  probability,  would  be  in  charge 
of  the  theatres,  reporting  directly  to 
Aylesworth  and  to  J.  R.  McDonough, 
Aylesworth's  assistant,  until  the  post 
has  been  permanently  filled.  RKO 
executives  likewise  refused  to  com- 
ment on  reports  that  Franklin's  resig- 
nation was  an  outgrowth  of  conflict- 
ing authority  on  theatre  affairs  be- 
tween Franklin  and  McDonough.  The 
latter  could  not  be  reached  yesterday 
for  a  statement.  Although  Ayles- 
worth is  not  expected  in  New  York 
from  radio  code  conferences  in  Wash- 
ington until  today,  the  RKO  state- 
ment announcing  Franklin's  resigna- 
tion stated  that  the  resignation  had 
been  accepted  by  Aylesworth  yester- 
day.   The  RKO  statement  follows. 

Formal  Statement  Made 

"Mr.  M.  H.  Aylesworth,  president 
of  Radio-Keith-Orpheum  Corp.,  an- 
nounced today  the  resignation  of  Mr. 
Harold  B.  Franklin.  Mr.  Franklin, 
after  a  short  vacation,  will  probably 
enter  independent  motion  picture  pro- 
duction, probably  under  some  arrange- 
ment which  will  continue  his  relation- 
ship with  the  RKO  group." 

It  was  later  said  that  the  announce- 
ment came  from  Aylesworth  by  wire. 

Franklin  stated  that  he  did  not  be- 
lieve any  change  of  theatre  policy 
would  result  from  his  resignation. 

"The  RKO  theatres  are  operating 
at  a  profit  now,"  Franklin  said,  "so 
my  job  is  done.  The  figures  speak 
for  themselves.     I  have  had   produc- 


tion ideas  in  mind  and  have  wanted 
to  put  them  in  practice  for  some 
time.  I  believe  that  this  is  the  best 
time  to  do  it." 

Franklin  came  to  RKO  in  Febru- 
aiy,  1932,  as  an  executive  advisor  on 
theatre  operations,  later  becoming 
head  of  all  RKO  theatres  and  presi- 
dent of  K-A-0.  He  has  been  active 
in  the  industry  since  1914,  and  in  that 
time  has  been  vice-president  of  Pub- 
lix  for  five  years ;  president  of  Fox 
West  Coast  Theatres  for  five  years, 
and  for  a  time,  just  prior  to  his  as- 
sociation with  RKO,  headed  Hughes- 
Franklin  theatres. 


Grainger  Closes  Four 
New  Deals  for  "V" 

James  R.  Grainger,  general  mana- 
ger of  Universal  distribution,  has 
closed  four  more  deals  in  the  San 
Francisco  territory  for  Universal 
product.  The  circuits  involved  are 
Golden  State,  T.  &  D.  Junior,  Blum- 
enfeld  and  the  Consolidated  Amuse- 
ment Co.  Features,  news,  shorts  and 
serials  are  included  in  the  deal,  with 
each  classification  calling  for  price  in- 
creases and  preferred  playing  time  for 
the  greater  portion  of  the  product. 


Sally  Must  Cover  Up 

Sidney  S.  Levine,  new  city  license 
commissioner,  has  ordered  Sally 
Rand  to  put  on  more  clothing  in  her 
act  at  the  Paramount.  The  fan  danc- 
er wears  a  light  veil  during  the  first 
part  of  her  act  and  drops  it  shortly 
after.  The  commissioner  stated  in  his 
edict  that  unless  more  clothing  was 
applied  he  would  revoke  tlie  license 
of  the  theatre.  He  claims  the  act  is 
"immoral  and  indecent." 


"Newslaughs"  for  F.  D. 

The  Irving  S.  Cobb  "Newslaughs" 
will  be  screened  at  the  White  House, 
Sunday,  Oct.  22,  at  the  request  of 
Louis  McHenry  Howe,  secretary  to 
the  President.  Herman  Freedman, 
president  of  Newslaughs,  Inc.,  will  fly 
to  Washington  for  the  occasion,  with 
Cobb  accompanying  him. 


i  Purely 
Personal  ► 


ADOLPH  ZUKOR  will  be  host  to- 
day to  several  Paramount  execu- 
tives, the  Paramount  trustees,  Charles 
D.  HiLLES,  Eugene  W.  Leake  and  -■ 
Charles  E.  Richardson,  and  attor- 
neys of  the  Root,  Clark,  Buckner  & 
Ballentine  office,  counsel  for  the  trus- 
tees, at  the  private  golf  course  on  the 
Zukor  estate  at  New  City,  N.  Y. 

Billy  House,  heavyweight  com- 
edian of  Earl  Carroll's  "Murder  at 
the  Vanities,"  has  been  signed  for  a 
two-reel  Vitaphone  short.  Production 
starts  within  a  fortnight. 

Irving  Berlin  left  on  a  flight  to 
the  coast  yesterday  to  visit  Joseph 
M.  Schenck  and  Max  Winslow, 
former  manager  of  Berlin's  music 
firm,  now  a  producer  for  Columbia,     fl 

Hy  Daab  has  moved  into  winter 
headquarters  at  the  Hotel  Lexington 
from  the  bleak  wastes  of  Westport 

Harry  Singer,  mid-west  head  of 
F.  &  M.,  left  for  St.  Louis  last  night 
after  conferences  with  Mike  Marco. 

Ann  Izmailov,  secretary  to  Harry 
Arthur,  is  back  on  the  job  after  tak- 
ing an  extended  vacation  abroad. 

Jack  Shea,  booker  for  Feiber  & 
Shea,  is  handing  out  raves  for  "Foot- 
light  Parade." 

Harry  Cohn  is  in  Washington  con- 
ferring with  brother  Jack  before  hit- 
ting the  Big  Town. 

Ed  Wynn  will  be  back  from  Holly- 
wood on  Oct.  31. 

Wallace  Beery  returns  from  his 
European  trip  today  aboard  the  Rex. 


Sues  Over  Fox  Story 

Suit  to  recover  $100,000  in  alleged 
damages  against  Upton  Sinclair,  au- 
thor, and  William  Fox  was  filed  in 
the  Supreme  Court  yesterday  by 
Rosika  Schwimmer,  who  claims  she 
was  misquoted  and  maligned  in  "Up- 
ton  Sinclair   Presents   William   Fox." 


Majority  of  Issues  Slump 

Net 

Hisrh      Low     Close  Change 

Columbia     Pictures,     vtc 24'/^        23^        23^  —  l^ 

Consolidated    Film    Industries 3'/4  3'/^  3'^  -f  14 

Consolidated    Film    Industries,    pfd 10^         9%        10^  -fl 

Eastman    Kodak     78'/4       77  78'/^  -f  14 

Fox     Film     "A" 16^        16'/.        16?4  -f  ^ 

Loew's,    Inc 327/4       3154        32  —  ii 

Paramount    Publix    15/jJ  VA  1%  

Pathe    Exchange    VA         Wx         134  —  H 

Pathe    Exchange    "A" 8?^         B^/i         8?4  —'A 

Warner   Bros S'A         7'/s         754  

Technicolor  Gains  One  Half 

Net 

High      Low      Close  Change 

Technicolor     13  11%       WA  +  % 

Paramount  Publix  Up  One  Half 

Net 

Hierh      Low      Close  Change 

Ceneral    Theatre    Equipment    6s    '40 SH         554         53^  

General    Theatre    Equipment    6s    '40,    ctf 4'/$  4li  AVi  

Loew's    6s    '41,    ww    deb    rights iSVi        85  85  —1 

Paramount    Rroadway    5'/$s    'SI .30'/^        3054        3054  —134 

Paramount    F,    L.    6s    '47 34'4        3254        3254  —134 

Paramount    Publix    5'/^s    '50 32  315^       32  Jr  V2 

Warner    Bros.    6s    '39,    wd 46}4       46J4       4654  —  Yt 


Sales 

200 

ino 

900 
700 
300 

1,700 
300 

1,300 
500 

8,100 


Sales 

4,000 


Sales 

12 
3 
5 
1 
6 
6 

15 


Give  Party  for  Stars 

Al  Christie  and  Jack  White  yester- 
day played  host  to  several  of  the  stars 
who  will  appear  in  the  Educational 
shorts  to  be  made  at  the  Eastern 
Service  Studios  at  Astoria.  The  party 
was  held  at  the  Long  Island  plant 
with  Lillian  Roth,  Leo  Donnelly, 
Stoopnagle  and  Budd,  Charles  Judels, 
Charles  Mack,  Gordon  White  and 
Joseph  Skirball  in  attendance. 


George  Maloney  Dead 

Kansas  City,  Oct.  11. — George  A. 
Maloney,  53,  owner  and  onerator  of 
the  Paseo  Theatre  here,  is  dead.  He 
had  been  bedridden  several  months. 
An  exhibitor  a  number  of  years,  at 
one  time  he  operated  the  Ritz.  Burial 
was  in   St.  Joseph,   Mo. 


i 


New  Roxy  Bookings 

Following  "Saturday's  Millions," 
which  opens  tomorrow,  the  Roxy  has 
dated  "Walls  of  Gold"  (Fox)  start- 
ing Oct.  20:  "Love,  Honor  and  Oh 
Baby"  (Universal),  Oct.  27;  "The 
Mad  Game"   (Fox),  Nov.  3. 


Kubitzki  a  Grandad 

Kansas  City,  Oct.  11.— W.  J.  Ku- 
bitzki, acting  manager  at  the  Fox 
exchange,  is  handing  out  cigars.  His 
daughter  has  presented  him  with  a 
grandson. 


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"NIGHT  FLIGHT" 
TERRIFIC! 


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Salt  Lake  City  sends  the  first 
amazing  report.  Beats  "Hell 
Divers"  and  "Tugboat  Annie" 
previous  record  holders! 
^  Capitol,  N.  Y.,  Biggest  in  two 

months!  Held  over  2nd  week! 
Wires  pour  in  from  everywhere. 
Watch  "Night  Flight"  another 
M'G'M  sensation! 

HOLLYWOOD  FLASH!   Two  MOM 

pictures  preinewed  to  phenomenal  acclaim 
this  week:  "BOMBSHELL"  and  "MEET 
THE  BARON."   You'll  hear  morel! 


MOTION  PiCTURE 

DAILY 


Thursday,  October   12.   1933 


Protests  Follow  Study  of  Draft 


Objectors  Are 
Making  Delay 
Seem  Likely 


{Ccmtinued  from  page  1) 
found  most  of  it  yet  to  be  traversed. 
The  labor  provisions  have  been 
changed,  its  spokesmen  say,  and  not 
to  their  hking.  Arbitration  which 
was  set  up  in  the  first  NRA  draft 
has  been  changed,  they  contend,  but 
changed  to  an  extent  which  finds  them 
unwilHng  to  subscribe  to  the  code  in 
its  present  form.  There  is  consider- 
able unrest  among  its  delegates,  all 
of  whom  have  been  away  from  their 
businesses  and  homes  for  weeks  and 
are   now   champing   at   the   bit. 

Academy  Protesting 

The  Academy,  through  Lester 
Cowan,  is  opposing  former  Article 
10  on  the  ground  that  it  affects  thou- 
sands of  production  factors  in  Holly- 
wood and  that  it  was  prepared  with 
no  appreciation  of  the  place  which  the 
individual  holds  in  the  making  of  pic- 
tures. It  will  recommend  to  Rosen- 
blatt that  a  hearing  on  that  phase  of 
the  code  be  held  in  Hollywood  where 
creative  workers  may  have  opportu- 
nities to  personally  present  their  fide 
of  the  case.  In  producer  ranks,  too, 
it  is  reported  there  is  no  unani- 
mity of  opinion  on  what  was  Article 
10  in  the  first  producers'  code.  Some 
elements  there  maintain  the  language 
is  extra-legal  and  that  the  clause  is 
not  clear  in  intent  as  it  now  stands. 
This  is  understood  to  have  been  the 
subject  of  another  night  conference  of 
major  producing  interests  on  the 
ninth  floor  of  the   Mayflower. 

Mrs.  Dorothy  Bryant,  representing 
Chorus  Equity,  is  another  who  has 
complaints  to  make.  She  asserts  her 
interests  are  not  protected  in  the  re- 
vised code  on  the  ground  it  does  not 
bind  exhibitors  to  the  work  and  pay 
conditions  framed  to  govern  chorus 
girls  in  vaudeville  and  presentation 
houses. 

Labor  Men  Complain 

At  the  Willard,  which  is  the  strong- 
hold of  the  labor  division,  complaints 
are  being  aired  openly  around  the 
lobby  that  the  code  as  proposed  fails 
to  give  organized  labor  all  that  it 
feels  it  should  get. 

Rosenblatt  admitted  today  that  the 
remaining  15  per  cent  of  the  code  is 
still  undetermined  and  refused  to  haz- 
ard a  guess  when  the  parleys  will  be 
concluded.  Inclusion  of  former  Ar- 
ticles 9  and  10  in  the  present  code 
draft  are  construable  as  indicating  the 
deputy  finds  them  acceptable  insofar 
as  the  NRA  is  concerned.  Representa- 
tives of  agents,  however,  do  not  agree, 
and  today  met  with  J.  Robert  Rubin 
in  an  effort  to  effect  changes  in  the 
phraseology  of  this  provision,  which 
is  one  of  the  most  drastic  in  the  en- 
tire code.  Rosenblatt  denied  that 
these  two  articles  which  have  raised 
so  much  discussion  were  dropped  into 
the  code  as  a  stop-gap  in  order  to 
make  it  possible  to  present  a  com- 
pleted, although  not  as  yet  accepted, 
code  for  the  NRA  to  study. 


Roosevelt  for  Pay  Halt; 
Daily  Story  Is  Confirmed 

(Continued  from  page  1) 

deputy  and  today  reversed  his  line  of  approach  when  opportunity  came 
to  ask  the  President  a  direct  question. 

The  answer  is  understood  to  have  pertained  to  the  original  thought 
voiced  by  the  Administration  several  weeks  ago  rather  than  to  indicate 
that  the  request  for  information  directed  at  Rosenblatt  was  brand  new. 

Motion  Picture  Daily's  first  story  thus  is  now  officially  confirmed 
and  completely  vindicated.  When  it  first  appeared  the  major  producers, 
of  course,  knew  it  was  authentic.  Others  doubted  its  veracity,  and  still 
others  were  inclined  to  scoff. 

On  the  heels  of  the  White  House  attitude  came  an  effort  on  the  part 
of  major  producers  to  incorporate  in  the  former  Article  10  a  salary-fix- 
ing commission.  Doubt  over  the  legality  of  such  a  commission  and  the 
right  of  any  code  to  regulate  maximum  salaries  eventually  resulted  in 
scrapping  the  plan  after  many  weeks  of  day  and  night  sessions. 

Indications  are,  however,  that  the  Administration  continues  to  favor 
salary  restrictions  as  a  general  step  for  the  industry's  own  good.  The 
practicability  of  setting  up  the  machinery  to  do  so  is  something  that 
has  not,  and  probably  won't  be,  solved. 


In  Washington  Once  More 


Washington,  Oct.  11. — Hollywood  troubles  were  unburdened  by  Jack 
Cohn,  Columbia  vice-prexy,  last  night. 

He  was  telling  the  yarn  of  a  Scenarist  who  had  been  signed  by  one  of  the 
major  studios  at  $125  a  week.  Later,  the  writer  went  to  another  major  at 
$350  and  shortly  beyond  that  came  realization  he  was  not  so  good.  The 
studio  sought  to  break  the  contract  and  the  ranking  executive  invited  the 
scrivener  to  lunch  to  talk  it  over. 

The  head  of  a  third  plant  saw  the  two  together  and  figured  Number  2 
man  had  run  into  something  good.  He  began  negotiations  and,  largely  on 
the  strength  of  the  send-off  which  Number  2  gave  the  writing  man,  signed 
him  at  $750. 

Just  then,  Eddie  Golden  interrupted  with :  "When  does  the  original  studio 
sign  him  again?" 

A  sad  day  for  Sam  Dembow.  He  loses  all  three  bets  with  George  Skouras. 
The  latter  claimed  world  Jews  totalled  16,000,000.  The  American  Jewish 
Year  Book  gives  15,191,218.  The  Department  of  Census  asserts  Greeks  in 
the  United  States  are  303,000.  Skouras  figured  there  were  300,000.  The  result 
of  all  this  is  that  Dembow  helps  outfit  Skouras  for  the  fall  with  a  hat,  a  suit 
and  an  overcoat. 


How  he  hired  a  swank  woman's  orchestra  to  p*lay  near-symphonic  music 
for  a  Department  of  Health  picture  dealing  with  disease  in  Boston  years  ago 
is  one  of  the  prize  yarns  Golden  has  been  telling  around  the  lobby.  It's  a 
panic. 


MPTO  A  Men 
Now  Against 
Signing  Code 


{Continued  from  page  1) 
given  up  hope  of  a  satisfactory  solu- 
tion, however.    In  a  statement  tonight 
he  said : 

"We  have  not  had  time  to  com- 
pletely analyze  the  last  edition  of  the 
code  as  submitted  by  Mr.  Rosenblatt 
on  the  evening  of  Oct.  10.  So  far  we 
have  found  several  changes  as  to  the 
phraseology  in  quite  a  few  provisions. 
Some  of  them  in  our  opinion  are  com- 
pletely a  change  of  intent  and  meaning 
of  the  provisions. 

"We  have  not  yet  found  time  to  get 
Mr.  Rosenblatt's  interpretation  of 
these  changes.  Therefore  we  are  re- 
luctant to  approve  or  condemn  them. 
There  have  also  been  some  important 
changes  in  the  labor  provisions  which 
we  think  are  fundamental.  Therefore 
we  are  continuing  an  analysis  of  the 
last  issue  of  the  code  and  meet  with 
Rosenblatt  at  his  convenience,  but  as 
early  as  possible  to  discuss  these 
changes  with  him.  We  are  still  very 
hopeful  that  a  fair  and  equitable  code 
will  be  worked  out." 

The  hitch  on  labor  is  the  change 
m  the  arbitration  formula  which  the 
M.P.T.O.A.  men  feel  deprive  them 
of  the  rights  originally  agreed  upon. 


From   the    sick   bay : 
ditto. 


Dave   Palfreyman   improving   steadily.    Bill   Jaffee, 


Nathan  Burkan  has  had  bad  luck  with  his  hats.  His  latest  creation, 
Washington  bought,  represents  his  fourth  since  the  code  got  going.  The 
plan  now  is  to  wear  it  at  all  times  in,  out,  and  during  producers'  meet- 
ings. 

Harry  Cohn  is  here  and  tonight  wanted  to  make  a  statement  on  the  code. 
Here  it  is.  "I  have  nothing  to  say,  but  don't  quote  me."  Then  he  left  for 
a   night  football   game. 


Fred  Meyer  in  again, 
from  chewing  the   code. 


Several  teeth  have  cracked  on  him.     He  says  it's 


Barrist  Insists  Penn 
Unit  Still  in  MPTOA 

Washington,  Oct.  11. — David  Bar- 
rist of  the  M.P.T.O.  of  Eastern 
Pennsylvania,  Southern  New  Jersey 
and  Delaware,  considers  his  unit  still 
a  member  of  the  national  M.P.T.O.A., 
despite  the  fact  he  was  among  the  sig- 
natories to  last  week's  insurgent  move. 
He  so  told  the  M.P.T.O.A.  men  here 
tonight. 


Allied  descending  on  the  city  again  today.  Back  for  the  third  time  are 
Al  Steffes,  H.  M.  Richey,  H.  A.  Cole.  New  is  Glenn  Cross.  Expected 
Thursday  are   Sidney   Samuelson  and   Nate   Yamins. 


Chorus  Code  Terms 
Cause  New  Protest 

(Continued  from  page  1) 
contractors  of  stage  units,  but  not  the 
exhibitors  who  book  them. 

Mrs.  Bryant  claimed  that  contrac- 
tors played  no  part  in  framing  the 
terms  and  were  not  even  consulted, 
and  consequently  say  they  are  not 
bound  by  them.  Unless  the  code  terms, 
which  are  satisfactory,  are  made  en- 
forceable upon  exhibitors  such  as  the 
large  circuits,  Mrs.  Bryant  says  the 
code  will  not  give  her  group  the  pro- 
tection it  was  promised. 

It  is  understood  that  Mrs.  Bryant 
was  told  by  Deputy  NRA  Adminis- 
trator Sol  A.  Rosenblatt  that  the 
code  authority  would  take  care  of  any 
exhibitor  violations,  but  she  insists 
that  the  enforcement  language  belongs 
in  black  and  white  and  in  the  code. 


Washington,  Oct.  11. — Hollywood 
extras  are  gratified  over  terms  of 
the  industry  code  applying  to  them 
and  today  wired  their  appreciation  to 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt.  The  wire  was  signed  by 
Allan  Garcia,  chairman  of  the  extras 
code  committee. 


hursday.  October   12,   1933 


MOTION  PICTVRE 

DAILY 


Myers  Is  HopefuhCowan  Insistent 


Myers  Doubts 
His  Group  Is 
To  Be  Ignored 


{Continued  from  page  1) 

ifter  Motion  Picture  Daily's  story 
)f   this  morning  had  been  telephoned 

0  him  from  New  York : 

"I  can  scarcely  credit  statements 
ittributed  to  Mr.  Rosenblatt  concern- 
ng  the  activities  of  certain  exhibitors 
n  wiring  protests  against  Mr.  Rosen- 
)latt's  draft  of  the  motion  picture 
;ode.  Mf.  Rosenblatt  infers  the 
inalysis  of  his  code  being  prepared  by 
epresentatives  of  independent  exhibi- 
ors,  distributors  and  producers  will 
)e  ignored  because  certain  exhibitors 
ind  others  have  exercised  their  right 
mder  the  first  amendment  to  the  Con- 
titution  'to  petition  the  Government 
'or  redress   of   grievances.'     This   is 

1  position  which  a  government  officer 
:annot  sustain  and  I  sincerely  doubt 
vhether  Mr.  Rosenblatt,  on  mature 
•eflection,  will  carry  out  his  implied 
hreat." 

Confirming  Motion  Picture 
Daily's  Tuesday  story  that  the 
malysis  would  not  be  ready  today, 
Vlyers  said  Friday  morning  is  now 
he  time. 

"The  independents,"  he  said,  "have 
■espectfuUy  asked  that  they  be  al- 
owed  until  Friday  morning  to  file 
heir  views  on  Mr.  Rosenblatt's  code, 
md  if  that  request  is  disregarded  or 
ienied  such  action  will  make  an  in- 
lovation    in    government    procedure." 

The  question  of  whether  or  not 
iosenblatt  will  give  any  consideration 
o  the  independents'  code  analysis  de- 
)ends  on  the  rapidity  with  which  vari- 
)us  NRA  boards  scrutinize  the  second 
x>de  form  and  submit  their  reports  on 
t,  according  to  Rosenblatt. 

Indications  are  heavily  against  the 
•eopening  of  discussions  on  the  trade 
jractice  clauses  of  the  code  which  have 
ilready  been  torn  apart  and  pieced  to- 
gether again  in  the  weeks  of  confer- 
:ncing  here. 


Rosenblatt  Declares 
For  Living  Wages 

{Continued  from  page  1) 

this  morning,  declared  a  minimum 
wage  was  not  enough  unless  that 
minimum  was  a  living  wage.  Speak- 
ing as  an  official  of  the  NRA  and 
thereby  reflecting  its  attitude,  he 
elicited  applause  from  hundreds  of 
labor  delegates  when  he  declared  the 
standard  wage  established  over  a  long 
period  of  years  must  not  be  destroyed 
nor  impaired. 

"If  men  are  worthy  of  their  hire 
they  must  be  paid  commensurately 
with  their  work,"  he  said  and  cited 
instances  where  he  had  been  informed 
that  some  men  were  working  for  as 
low  as  from  85  cents  to  $2.25  a  week. 
These  men,  he  said,  might  just  as  well 
be  out  of  work.  Whether  or  not  he 
referred  to  the  amusement  industries 
it  was  not  stipulated. 


Cowan  Urges  Leaving  Out 
Old  Article  10  from  Code 


Washington,  Oct.  11. — Academy 
of  M.  P.  Arts  and  Sciences  tonight 
advocated  dropping  old  Article  10  in 
the  producers'  code,  now  Part  5  of 
the  producers'  section  of  the  second 
NRA  draft,  pending  a  complete  hear- 
ing and  probe  in  Hollywood  of  the 
situation  pertaining  to  stars  and  play- 
ers by  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt. 

Lester  Cowan,  executive  secretary 
of  the  Academy,  is  responsible  for  the 
recommendation,  which,  he  says,  is 
based  on  the  need  to  determine  what 
effect  this  article  will  have  on  pro- 
duction. The  article  is  designed  to 
eliminate  talent  "raiding"  and  restrain 
a  producer  from  making  an  offer  to  a 
player  until  30  days  prior  to  the  ter- 
mination of  his  service  with  a  rival 
producer. 

The  Academy  secretary  claims  cre- 
ative talent  has  not  been  given  a  fair 
shake  here  on  three  counts.  The  first 
is  that  codifiers  from  the  major  com- 
panies are  eastern  business  men  and 
that  not  one  of  them  is  experienced 
directly  as  a  producer  and  therefore 
not  intimately  informed  on  production 
vicissitudes.  The  second  is  that  their 
being  represented  here  by  lawyers 
proved  a  handicap  rather  than  a  help 
to  artists,  in  that  they  would  have 
presented  a  stronger  case  had  they 
been  present  personally,  says  Cowan. 
The  third  is  the  argument  that  the 
production  industry  is  unique  and  can- 
not be  handled  like  the  labor  equation 
in  other  fields  because  in  pictures  in- 
dividuals rate  so  vitally. 

Cowan  says  he  has  no  idea  whether 
Rosenblatt  will  go  for  the  idea  or  not. 
He  warns,  however,  that  if  the  dis- 
puted article  goes  into  the  code  the 
entire  production  system  in  Holly- 
wood faces  danger  of  being  under- 
mined in  90  days. 

Sees  Artists  Made  "Serfs" 

"This  article,"  he  asserts,  "will  sow 
seeds  of  unrest.  It  will  make  serfs  of 
individuals  without  whom  the  industry 
cannot  get  along.  Implications  that 
threats  and  the  mailed  fist  will  be 
used  in  a  community  where  en- 
thusiasm and  freedom  should  prevail 
are  far  more  damaging  than  has  been 
realized  and  imperil  the  whole  NRA 
program.  Much  has  been  said  here 
about  star  salaries,  but  nothing  about 
quality  production." 

Cowan  says  the  Academy  also  ob- 


That  Cowan  Letter 

Washington,  Oct.  11.— It's 
getting  to  be  funny,  is  that 
mystery  over  the  Academy's 
request  for  a  public  hearing 
on  the  star  "raiding"  clause 
which  supplanted  the  former 
Article  10  of  the  producers' 
code.  Deputy  NRA  Admin- 
istrator Sol  A.  Rosenblatt 
vigorously  asserted  again  to- 
day that  he  had  had  no  com- 
munication, written  or  verbal, 
from  Lester  Cowan,  Academy 
secretary,  making  any  such 
request,  and  declared  that  he 
wouldn't  grant  it  even  if  one 
had  reached  him. 

Cowan,  quite  as  vigorously, 
insists  the  letter  went  for- 
ward to  Rosenblatt  Tuesday 
night  and  offers  to  produce 
a  carbon  copy  as  proof.  He 
still  wants  a  public  hearing, 
but  in  Hollywood,  not  in 
Washington. 


jects  strenuously  to  the  so-called 
"blacklist"  inferences  in  the  code, 
which  are  embodied  in  Section  7  of 
this  same  article  and  the  text  of  which 
is  published  in  full  on  page  7  today. 
In  this  connection  Cowan  says  he  will 
insist  that  an  impartial  tribunal  try 
such  a  player  and  not  the  code 
authority,  on  the  ground  the  latter 
body  will  have  on  it  many  members 
who  also  are  employers,  and  a  player 
so  tried  may  not  get  a  fair  trial. 

The  Academy  has  also  gone  on 
record  against  Section  8  of  the  code 
authority  provision  which  would  per- 
mit the  body  to  prescribe  additional 
rules  governing  the  conduct  of  pro- 
ducers, distributors  and  exhibitors. 
The  Academy  says  this  may  allow 
regulatory  practices  for  creative  work- 
ers in  addition  to  those  embraced  in 
the  final  code. 

Cowan  says  he  is  speaking  officially 
for  the  Academy  on  all  these  points, 
including  actors.  He  takes  no  recog- 
nition of  the  withdrawal  of  many  im- 
portant marquee  names  from  the 
Academy,  asserting  only  about  17  have 
resigned  as  against  an  active  mem- 
bership of  350. 


Trustees  May 
Attack  Para. 
Theatre  Deals 


Theatres  Must  Help 
Pay  Code  Authority 

{Continued  from  page  1) 
far,  as  well,  is  how  overhead  will  be 
apportioned   among   the    three   major 
branches  of  the  industry. 

The  code  as  it  now  stands  gives  the 
code  authority  the  privilege  of  hiring 
whomever  it  wants  at  any  salary. 
Members  of  the  code  authority,  too, 
are  to  be  paid  on  a  basis  not  de- 
termined. All  of  this  cost  will  be 
added  to  the  industry  overhead  in 
addition  to  the  $9,000,000  which  is  a 
reliable  estimate  of  the  increases  to 
labor. 


Say  Detroit  Allied 
Endorsed  Code  Stand 

Washington,  Oct.  11. — Sixty-five 
members  of  Allied  of  Michigan  meet- 
ing in  Detroit  Tuesday  unanimously 
endorsed  the  code  stand  taken  by  the 
national  organization,  H.  M.  Richey 
and  J.  C.  Ritter,  according  to  Richey. 

Richey  stated  the  voters  represent- 
ed 75  per  cent  of  Detroit's  member- 
ship. Commenting  on  the  protest  of 
other  Detroit  exhibitors  who  claim 
Mid-States  Theatres  is  putting  them 
out  of  business,  Richey  said :  "I'm  for 
them.  They  want  the  right  to  buy 
and  so  do  I." 


{Continued  from  page  1) 

are  the  deals  by  which  Paramount 
acquired  176  theatres  belonging  to 
the  Kunsky-Trendle  circuit,  Detroit; 
Great  States  circuit,  Illinois;  Dent 
Circuit,  Texas  and  New  Mexico; 
Richards  &  Nace  circuit,  Arizona,  and 
the  Hostettler  circuit  of  Iowa  and 
Nebraska,  during  1930  and  '31. 

Ralph  A.  Kohn,  head  of  Paramount 
Publix  theatre  operations,  testified  at 
a  hearing  last  May  before  Referee 
Davis  that  Paramount  had  acquired 
these  theatres  by  issuing  stock  which 
was  subsequently  repurchased  at  a 
guaranteed  price  of  $10,766,360  at  a 
time  when  the  market  value  of  the 
stock  aggregated  $3,409,892. 

It  was  revealed  at  a  hearing  last 
week  that  Charles  D.  Hilles,  Eugene 
W.  Leake  and  Charles  E.  Richardson, 
the  Paramount  trustees,  have  retained 
an  independent  accounting  company  to 
go  over  all  stock  repurchase  agree- 
ments. Pending  completion  of  the 
accountants'  study,  Referee  Davis 
ruled  against  further  inquiry  by  credi- 
tors' attorneys  into  the  transaction  by 
which  Paramount  acquired  a  half  in- 
terest in  the  Columbia  Broadcasting 
System. 

Isseks  Explains  Move 

Yesterday,  Samuel  S.  Isseks,  coun- 
sel for  the  trustees,  stated  that  in 
causing  the  accountants'  investigation 
of  the  stock  repurchase  deals  the  trus- 
tees "had  in  mind  the  advisability  of 
attacking  them." 

Additional  bonuses  paid  to  Adolph 
Zukor,  Jesse  L.  Lasky,  Sidney  R. 
Kent,  Sam  Katz  and  Kohn  were  re- 
vealed by  Isseks  yesterday.  The  pay- 
ments were  for  the  years  1927  and  '28. 

In  1927,  Isseks  said,  Zukor  and 
Lasky  each  received  cash  bonuses  of 
$260,000;  Kent,  $196,000;  Katz,  $131,- 
000  and  Kohn,  $30,000.  No  stock 
bonuses  were  paid  that  year,  he  said. 

In  1928,  Zukor  and  Lasky  received 
salaries  of  $130,000  and  bonuses  of 
4,597  shares  of  stock  having  a  market 
value  of  $52  per  share ;  Kent  and  Katz 
received  salaries  of  $104,000  cash  and 
bonuses  of  3,677  shares  of  stock  of 
the  same  market  value,  while  Kohn 
received  a  salary  of  $45,000  and  a 
bonus  of  1,096  shares,  also  at  the 
same  market  value. 

It  had  been  previously  testified  that 
for  1929  the  five  executives  received 
a  total  of  $2,250,000  in  bonuses  in 
addition  to  their  salaries,  and  in  1930 
they  received  a  total  of  $756,873  in 
bonuses.  No  bonus  payments  were 
made  in  1930  or  '31,  it  was  testified. 

Kohn  submitted  yesterday  to  a 
two-hour  grilling  by  Samuel  Zirn, 
attorney  for  a  Paramount  bond- 
holders' group,  who  attempted  a 
further  inquiry  into  the  Columbia 
Broadcasting  and  Film  Productions 
Corp.  deals  without  eliciting  new  in- 
formation. Zirn's  examination  will 
be  terminated  at  the  next  meeting, 
Oct.  18,  Referee  Davis  ruled  yester- 
day. 


MOTION  PICTURE 

DAILY 


Thursday,  October  12.   1933 


Important  Clauses  Are  Clarified 


Authority's 
Powers  May 
Be  Extended 


Washington,  Oct.  11.— Extension 
of  the  code  authority's  power  to  cov- 
er future  contingencies  is  provided 
for  in  the  revised  NRA  draft  of  the 
industry  code.  New  rules  can  be 
made  from  time  to  time  covering  re- 
lations between  producers  and  be- 
tween producers  and  their  employes, 
but  hearings  must  be  held  on  these 
before  the  administrator  approves 
them. 

Some  of  the  important  new  provi- 
sions covering  labor  provide  that 
where  there  are  no  A.  F.  of  L.  unions 
members  of  unaffiliated  unions  can 
settle  disputes  through  representa- 
tives named  by  their  own  presidents, 
and  non-union  workers  can  choose 
their     own     representatives.  This 

clears  up  the  contention  that  the  first 
NRA  draft  would  extend  the  power 
of  the  I.  A.  T.  S.  E.  into  territories 
where  it  is  not  now  represented. 

The  complete  text  of  the  new  pro- 
visions covering  agents  and  the  much- 
discussed  10  per  cent  cancellation 
clauses,  are  printed  below. 

While  the  complete  personnel  of  the 
code  authority  is  still  a  secret,  the 
code  specifically  provides  for  addi- 
tional members  from  time  to  time  to 
handle  various  problems  as  they  arise. 
The  new  provisions  are  listed  as  Sec- 
tions 8,  9  and  10.     They  read:  I 

8.  The  code  authority,  after  notice  and 
hearing,  may  prescribe  additional  rules  | 
governing  the  conduct  of  producers,  dis- 
tributors and  exhibitors  among  them- 
selves and  with  each  other  and  their  em- 
ployes, which  rules  shall  be  submitted  to 
the  administrator  and,  if  approved  by 
him,  shall  constitute  rules  of  fair  prac- 
tice for  the  industry,  and  any  violation 
thereof  shall  constitute  a  violation  of  this 
code. 

9.  The  code  authority  shall,  to  such  ex- 
tent and  in  such  manner  as  may  seem 
most  useful,  utilize  the  facilities  of  na- 
tional, regional  and  local  trade  associa- 
tions, groups,  institutes,  boards  and  or- 
ganizations   in    the    industry. 

10-  No  member  of  the  code  authority 
shall  sit  on  any  matter  involving  his 
company's  or  his  own  interest  directly 
and    as    a    class. 

Free  Lance  Terms 

New  provisions  covering  free  lance 
players  read: 

Section  3(A).  PROVISIONS  REGARD- 
ING   FREE    LANCE    PLAYERS. 

The  code  authority  provided  for  in  this 
code  shall  undertake  and  provide  for  rules 
and  regulations  to  be  binding  upon  all 
producers  with  respect  to  free  lance  play- 
ers, and  shall  appoint  a  standing  commit- 
tee representative  of  employers,  free  lance 
players,  and  the  public,  to  effectuate  the 
foregoing  purposes  and  to  interpret  the 
terms  of  any  provisions,  made  for  free 
lance  players,  and  to  supervise  the  same, 
receive  and  pass  on  complaints  and  griev- 
ances, and  to  otherwise  aid  in  effectuating 
the    foregoing    provisions. 

Such  standing  committee,  under  the  su- 
pervision of  the  code  authority,  shall  make 
full  investigation  with  respect  to  the 
working  conditions  of  such  free  lance  play- 
ers and  shall  undertake  in  and  provide 
for  by  the  rules  and  regulations  herein- 
above provided  for  with  respect  to  hours 
for  employment  for  such  free  lance  play- 
ers, rotation  and  distribution  of  work  to 
*Hfi  """sonable  degree  as  may  be  pos- 
sible and  practicable,  and  minimum  ade- 
quate   compensation    therefor. 

Some  parts  of  the  labor  provisions 


Code  Authority  Now  Regarded 

A  s  Boon;  Personnel  Awaited 

Washington,  Oct.  11. — If  it  works  in  practice  as  it  looks  on  pa- 
per, the  code  authority  will  prove  a  boon  to  the  industry,  in  the 
opinion  of  many  exhibitors  here.  Therefore,  they  are  anxiously 
awaiting  the  setup  to  see  how  the  personnel  breaks  down  into  the 
major  industry  divisions,  asserting  this  will  tell  the  story  through 
the  naming  of  the  various  members  of  the  grievance  as  well  as 
zoning  and  clearance  boards,  since  the  entire  machinery  having 
to  do  with  exhibitor  and  distributor  complaints  will  be  controlled 
by  the  code  authority. 

Elimination  of  over-buying  and  general  enforcement  of  all  trade 
practices  are  among  the  duties  which  these  territorial  clearing 
houses  are  to  handle.  Exhibitors  realize  this  and  some  of  them 
are  concerned  over  it.  All  are  anxiously  awaiting  the  names  in 
whose  hands  their  future  and  fate  rest  almost  entirely. 


of  the  code  as  it  now  stands  have  been 
made  more  explicit.  The  portions  set 
in  italics  below  are  new : 

PART  1.  LABOR  OTHER  THAN 
ACTORS. 

Section  1.  No  person  under  16  years  of 
age  shall  be  employed;  provided,  however, 
that  where  a  state  law  provides  a  higher 
minimum  age  no  person  below  the  age 
specified  by  such  state  law  shall  be  era- 
ployed    within    that    state. 

Section  2.  No  employe,  notmithstanding 
the  provisions  of  Section  6  (a)  hereof, 
shall  work  more  than  40  hours  in  one  week, 
except  that  such  maximum  hours  shall  not 
apply  to  employes  in  a  managerial,  execu- 
tive or  advisory  capacity  who  now  receive 
$35  or  more  per  week,  or  to  employes  w}wse 
duties  are  of  general  utilitarian  character, 
or   to   eincrpcncies. 

Section  3.  With  respect  to  employes 
regularly  employed  as  ticket-sellers,  door- 
men, ushers,  cleaners,  matrons,  watchmen, 
attendants,  porters,  and  office  help,  such 
employes  shall  receive  not  less  than  a  20 
per  cent  increase  over  the  wage  paid  to 
them     as    of    Aug.     1,     1933,     in    cities    aijd 

I  towns  having  a  population  of  less  than 
15,  ,000,  provided  that  this  shall  not  require 
a   wage  for   these  employes  in  excess  of  25 

'  cents    per    hour. 

Adjustment  of  Disputes 

Adjustment  of  labor  disputes  has 
been  shifted  so  that  in  communities 
where  employes  are  members  of  a 
union  not  affiliated  with  the  A.  F.  of 
L.  they  can  negotiate  through  a  rep- 
resentative appointed  by  their  presi- 
dent. In  cases  where  employes  are  not 
organized  they  can  name  their  own 
representative.  This  eliminates  the 
provisions  requiring  negotiations 
through  the  A.  F.  of  L.  everywhere. 

An  entirely  new  section  covering 
musicians    reads : 

Section  9.  By  reason  of  the  professional 
character  of  their  employment,  the  mini- 
mum wage  and  maximum  hours  of  em- 
ployment of  employes  performing  the  du- 
ties of  musicians  shall  as  heretofore  be 
established  by  prevailing  labor  agree- 
ments,   understandings,    or    practices. 

Section  10.  With  respect  to  disputes 
arising  between  employes  and  employers 
in  the  exhibition  branch  of  the  motion 
picture  industry,  the  parties  pledge  them- 
selves to  attempt  to  mediate  all  such  dis- 
putes. 

Provisions  on  Agents 

The  sections  covering  agents,  re- 
garded as  most  explicit  and  drastic, 
follow : 

PART   4.      SECTION    1. 

No  producer,  directly  or  indirectly,  shall 
transact  any  business  relating  to  the  pro- 
duction of  motion  pictures  with  any  agent 
who  shall  be  adjudged  by  the  code  author- 
ity   as    hereinafter    provided: 

(a)  to  have  given,  offered  or  promised 
to  any  employe  of  any  producer  any  gift 
or  gratuity  to  influence  the  action  of  such 
employe  in  relation  to  the  business  of 
such   producer; 

(b)  to  have  alienated  or  enticed,  or  to 
have   attempted    to   alienate   or   entice   any 


employe  under  written  contract  of  em 
ployraent,  from  such  employment  or  to 
have  induced  or  advised  without  justi 
fication  any  employe  to  do  any  act  or 
thing  in  conflict  with  such  employe's 
obligation  to  perform  in  good  faith  any 
contract  of  employment,  whether  oral  or 
written; 

(c)  knowingly  to  have  made  any  mate- 
rially false  representation  to  any  producer 
in  negotiations  with  such  producer  affect- 
ing the  employment  or  contemplated  em- 
ployment of  any  person  represented  by  such 
agent ; 

(d)  to  have  violated  or  evaded,  or  to 
have  attempted  to  violate  or  evade,  direct- 
ly or  indirectly,  any  of  the  provisions  of 
FART  5  of  this  ARTICLE  V  of  the  code; 

(e)  to  have  failed  or  refused  to  secure 
any  license  to  transact  business  as  an 
agent  which  may  be  required  by  the  code 
authority,  or  to  have  transacted  business 
as  an  agent  after  his  license  shall  have 
been  revoked,  cancelled  or  suspended  by 
the    code   authority. 

SECTION  2.  In  order  to  effectuate  the 
purposes  of  this  part,  the  code  authority 
may,  upon  such  uniform  terms  and  con- 
ditions as  it  shall  deem  proper,  and  after 
notice  and  a  full  and  fair  hearing,  require 
all  persons  desiring  to  transact  an  agency 
business  to  secure  licenses  from  it  (which 
license  shall  be  in  addition  to  any  permit 
or  license  required  by  any  state  or  munici- 
pal law  or  ordinance),  and  may  suspend, 
revoke  or  cancel  any  such  license  upon 
finding,  after  notice  and  a  full  and  fair 
hearing,  that  the  holder  thereof  has  vio- 
lated or  failed  or  refused  to  comply  with 
any  of  the  provisions  of  this  part  affect- 
ing agents  or  the  rules  and  regulations 
affecting  agents  prescribed  by  the  code 
authority. 

Code  Authority  Powers 

Should  the  code  authority  determine  to 
license  agents  as  hereinabove  provided  for, 
then  all  persons  regularly  transacting  busi- 
ness as  agents  at  that  time  ^hall  be  en- 
titled to  receive  agency  licenses,  provided 
they  make  application  to  the  code  authority 
within    30    days    thereafter. 

SECTION  3.  The  code  authority  may, 
after  notice  and  hearing,  set  up  rules  of 
fair  practice  governing  relations  between 
agents,  employes  and  producers  or  any 
two    of    them. 

SECTION  4.  No  producer  or  any  em- 
ploye of  any  producer  shall  henceforth, 
directly  or  indirectly,  engage  in,  carry  on 
or  in  any  way  be  financially  interested  in 
or  connected  with  the  business  of  an  agent 
as  herein  defined,  without  making  known 
such  fact  to  the  code  authority,  either 
within  20  days  from  the  effective  date  or 
if  such  interest  is  acquired  subsequently 
to  the  effective  date,  then  within  10  days 
after  the  acquisition  of  such  interest.  The 
code  authority  shall  require  such  public 
disclosure  to  be  made  of  such  interest  as 
it    may    deem    advisable. 

SECTION  5.  All  acts,  decisions  or  rec- 
ommendations of  the  code  authority  with 
respect  to  this  PARiT  4  shall  be  subject  to 
the  approval  of  the  administrator,  who 
shall  have  full  power  to  decide,  and  his 
decision  shall  be  final.  No  act,  decision 
or  recommendation  of  the  code  authority 
shall  become  final  without  such  approval. 
A  complete  transcript  of  all  testimony 
and  arguments  shall  be  made  and  certi- 
fied to  the  administrator,  together  with 
the  findings  and  decision  or.  recommen- 
dation of  the  code  authority.  The  admin- 
istrator may  conduct   such  further  investi- 


Code  Provides 
For  New  Rules 
As  Need  Arises 


gations  and  hearings  as  to  him  may  seem 
necessary    or    advisable. 

SECTION  6.  The  term  "Agent"  as  used 
herein  shall  apply  to  any  person  (including 
firms,  corporations  or  associations)  who, 
for  a  fee  or  other  valuable  consideration 
to  be  paid  by  the  employe,  procures, 
promises  or  undertakes  to  procure  em- 
ployment for  any  person  for  or  in  con- 
nection with  the  production  of  motion  pic- 
tures. 

SECTION  7.  For  the  purpose  of  fully 
effectuating  the  provisions  of  this  PART, 
the  word  "employes"  as  used  in  AR- 
TICLE II  of  this  code  shall  be  deemed 
to    include    agents. 

PART   5.      SECTION    1. 

No  producer,  directly  or  indirectly,  se- 
cretly   or    otherwise,    shall 

(a)  Entice  or  alienate  from  his  employ- 
ment anj  employe  of  any  other  producer 
or  induce  or  advise  any  such  employe  to 
do  anything  in  conflict  or  inconsistent  with 
such  employe's  obligation  to  perform  in 
good    faith    any    contract   of   employment. 

(b)  Foment  dissension,  discord  or  strife 
between  any  employe  of  any  other  producer 
and  his  employer  with  the  effect  of  se- 
curing the  employe's  release  from  em- 
ployment or  a  charige  in  the  terms  of  any 
contract  under  which  the  employe  is  en- 
gaged or  of  causing  the  employe  to  be 
or  become  dissatisfied  with  his  existing 
contract. 

(c)  In  any  manner  whatsoever  negoti- 
ate with  or  make  any  offer  for  or  to  any 
employe  under  written  contract  to  any 
other  producer  prior  to  the  last  30  days 
of  the  term  of  the  contract  of  employ- 
ment,  regardless  of   the   compensation. 

SECTION  2.  All  production  employes 
rendering  services  of  an  artistic,  creative, 
technical  or  executive  nature,  for  the  pur- 
pose of  this  PART,  shall  be  classified  as 
follows: 


Explains  "Contract" 

(a)  Employes  not  under  written  con- 
tract who  are  employed  at  not  less  than 
$250   per    week    or    $2,500   per   picture. 

(b)  Employes  under  written  contract,  for 
a  period,  inclusive  of  options,  if  any,  of 
less  than  one  year,  whose  compensation 
is  not  less  than  $250  per  week  or  $2,500 
per    picture. 

(c)  Employes  under  written  contract  for 
the  period  of  at  least  one  year,  or  at  least 
three  pictures,  inclusive  of  options,  if 
any,  whose  compensation  is  not  less  than 
$250  per  week  (exclusive  of  lay-off  per- 
iods)   or    $2,500    per    picture. 

The  term  "contract"  as  used  in  subdi- 
visions (b)  and  (c)  shall  be  deemed  to 
mean  and  include  not  only  any  existing 
contract  with  any  producer,  but  also  any 
prior  contract  with  such  producer  or  with 
any  parent,  subsidiary  or  predecessor  cor- 
poration of  such  producer,  provideil  that 
the  employment  thereunder  has  been  or 
may    be   continuous. 

(d)  Nothing:  hereinbefore  in  SECTION 
1  or  in  subdivisions  (a),  (b)  and  (c)  of 
this  section  contained  shall  apply  to  so- 
called  free  lance  players,  writers,  direct- 
ors or  other  employes  who  are  engaged  to 
render  services  of  an  artistic  or  creative 
nature  in  connection  with  one  or  two  pic- 
tures only,  unless  the  actual  period  of 
employment  of  any  such  employe  is  in- 
tended to  or  shall  cover  a  minimum  period 
of    one    year. 

SECTION  3.  Should  any  producer  make 
any  offer  for  the  services  of  any  em- 
ploye of  any  other  producer,  and  such 
employe  is  classified  within  either  sub- 
division (a),  (b)  or  (c)  of  SECTION  2 
and  registered  as  hereinafter  in  SECTION 
6  provided,  then  on  the  same  day  such 
offer  is  made  the  producer  making  such 
offer  shall  notify  the  employing  producer 
in  writing  that  such  offer  has  been  made 
and  shall  state  the  full  and  complete 
terms  and  conditions  thereof,  including 
particularly  the  compensation,  the  pro- 
posed period  of  employment  and  any  addi- 
tional  special    terms.      The   producer  mak- 


hursday,  October   12,   1933 


MOTION  PICTURE 

DAILY 


Talent- Signing  Provisions  Cited 


Producers  Can 

Match  Offers 

Of  Others 


ig  such  offer  shall  not  execute  any  pro- 
osed  contract  with  such  employe  until 
he   employing   producer   has   been   afforded 

reasonable  opportunity  to  negotiate  with 
uch  employe  for  his  continued  services 
nd  all  offers  made  shall  be  conditional 
nly,  in  order  to  effectuate  the  provisions 
ereof,  but  such  offer  shall  remain  open, 
evertheless,  for  acceptance  by  the  em- 
loye,  for  a  period  of  at  least  24  hours 
eyond  the  period  permitted  the  employ - 
ig  producer  to  negotiate  under  the  pro- 
isions  of  this  section  and  of  SECTION 
Simultaneously  a  copy  of  said  notice 
hall  be  delivered  to  the  registrar  herein- 
fter  provided  for  and  hereinafter  some- 
imes  referred  to  as  the  registrar.  There- 
pon  the  employing  producer,  if  he  elects 
0  do  so  and  providing  the  employe  con- 
ents,  shall  be  entitled  to  contract  with 
uch  employe  on  such  terms  as  may  be 
lutually  acceptable  but  at  all  times  the 
mploye  shall  have  a  free  and  independent 
hoice    as    to   which   offer   he   will   accept. 

The  notice  hereinabove  provided  for  need 
e  given,  however,  with  reference  to  em- 
iloyes  classified  in  subdivisions  (b)  and 
c)  of  SECTION  2  only  upon  the  condi- 
ion  that  prior  to  the  last  30-day  period 
if  employment,  the  employing  producer 
hall  have  made  an  offer  in  good  faith 
o  such  employe  for  a  renewal  or  exten- 
ion  of  his  contract  of  employment  and 
hall  have  communicated  that  fact  to  the 
egistrar. 

May  See  Rival  Offers 

SECTION  4.  Should  any  producer  desire 
o  continue,  renew  or  extend  the  period 
if  employment  of  any  employe  classified 
rithin  subdivision  (c)  of  SECTION  2  here- 
if,  and  if  he  shall  have  evidenced  such 
lesire  by  making  an  offer  in  good  faith 
o  such  employe  prior  to  the  last  30-day 
leriod  of  his  employment  and  such  offer 
K  rejected,  such  producer  nevertheless 
ihall  be  entiled  to  notice  of  offers  which 
nay  be  made  to  such  employe  by  other 
jroducers,  during  the  period  hereinafter 
)rovided,  following  the  termination  of  such 
employment.  Should  any  other  producer 
nake  any  offer  for  the  services  of  any 
luch  employe  of  the  first  employing  pro- 
lucer  within  such  period,  then  on  the  same 
lay  that  such  offer  is  made  such  producer 
ihall  notify  the  former  employing  pro- 
lucer  and  the  registrar  in  like  manner  as 
s  provided  for  in  SECTION  3.  and  in 
;uch  case  the  first  employing  producer 
ihall  be  entitled  to  the  same  rights  as 
ire  accorded  the  employing  producer  in 
5ECTION  3  hereof.  The  period  during 
which  the  first  employing  producer  shall 
36  entitled  tp  notice  of  offers  made  by 
Dther  producers,  as  hereinabove  provided 
■or,  shall  be  three  months  from  the  date 
3f  termination  of  the  first  employment  in 
ill  cases  where  the  compensation  for  the 
jmploye  in  connection  with  the  for- 
mer employment  was  at  the  rate  of  less 
than  $1,000  per  week  (exclusive  of  lay- 
off periods),  or  if  the  employe  was  em- 
ployed on  a  picture  basis,  less  than  $10,- 
)00  per  picture.  In  all  other  cases  the 
pericd    sliall    be    six    months. 

SECTION  5.  No  producer,  distributor 
jr  exhibitor  shall  violate  or  aid  or  abet 
in  the  violation  of  this  part.  It  shall 
be  an  unfair  trade  practice  for  any  pro- 
ducer to  use  coercion  to  prevent  offers  be- 
ing made  any  employe  by  other  pro- 
ducers. 

Determining  Good  Faith 

SECTION  6.  The  registrar  shall  have 
full  power  and  authority  to  determine  the 
good  faith  of  any  offer  made  by  the  first 
employing  producer,  so  as  to  entitle  said 
first  employing  producer  to  notice  of  sub- 
sequent offers,  as  hereinabove  provide  for, 
and  as  to  whether  the  period  within  such 
notice  must  be  given  should  be  for  three 
or  six  months.  The  registrar  shall  also 
provide  an  appropriate  method  whereby 
all  producers  may  ascertain  in  each  in- 
stance when  and  the  period  during  which 
notices  of  offers  are  to  be  transmitted  to 
the  employing  or  former  emnloying  pro- 
ducer. Said  registrar  shall  also  prescribe 
the   procedure    so   as    to   prevent    any    em- 


ploying or  any  former  employing  pro- 
ducer from  any  unreasonable  delay  or 
from  withholding  any  action  or  decision 
permitted  under  the  provisions  hereto,  to 
the  end  that  the  immediate  employment 
of  any  person  with  whom  any  other  pro- 
ducer desires  to  contract  shall  not  be  un- 
reasonably delayed  or  prevented.  In  such 
connection  the  registrar  shall  have  power 
in  any  instance  to  designate  a  reasonable 
period,  in  no  event  to  exceed  three  days, 
within  which  the  second  producer  shall 
be  precluded  from  executing  any  proposed 
contract  with  the  employe  or  former  em- 
ploye of  the  first  employing  or  former 
employing    producer. 

Notwithstanding  apy  thing  contained  in 
this  part  to  the  contrary,  the  provisions 
of  this  part  shall  apply  only  to  employes 
whose  names  are  registered  with  the  reg- 
istrar by  the  employing  producer  and 
the  right  of  registration  or  continued  reg- 
istration may  be  determined  in  any  in- 
stance by  the  registrar  either  upon  his 
own  motion  or  on  application  of  any  per- 
son interested,  including  the  employe  af- 
fected. In  the  event  of  the  termination 
for  any  reason  whatsoever  of  the  em- 
ployment of  any  person  whose  name  is 
registered  the  former  employing  producer 
shall  notify  the  registrar  in  writing  forth- 
with of  such  termination.  Any  producer 
may  withdraw  from  registration  the  name 
of  any  employe  or  by  written  notice  served 
on  the  registrar  may  waive  the  right  to 
be  notified  of  offers  made  to  any  employe 
by  any  other  producer,  but  he  shall  not 
refrain  from  registering  the  name  of  any 
employe,  withdraw  any  name  so  registered 
or  waive  any  such  right  to  notice  by  vir- 
tue of  any  agreement  to  that  effect  with 
the  employe.  The  registrar  shall  provide 
an  appropriate  method  for  notifying  all 
producers  promptly  of  all  registrations, 
withdrawal  of  registrations,  terminations 
of    employment    and    waivers. 

Punisliing  Recalcitrants 

SECTION  7.  If  the  code  authority,  or  any 
committee  appointed  by  it  for  that  pur- 
pose, after  notice  and  hearing  shall  find 
that  any  employe  of  any  producer  has 
refused  without  just  cause  to  perform  his 
obligations  under  any  contract  of  employ- 
ment, the  code  authority  shall  have  full 
power  and  authority,  with  the  approval 
of  the  administrator,  to  order  all  pro- 
ducers to  refrain  from  employing  any 
such  person  in  connection  with  the  busi- 
ness of  producing  motion  pictures  for 
such  period  of  time  as  may  be  designated 
by  the  code  authority,  and  it  shall  be  an 
unfair  trade  practice  for  any  producer  to 
employ  such  person  in  violation  of  such 
order,  or  for  any  distributor  or  exhibitor, 
respectively,  to  distribute  or  exhibit  any 
picture  produced  by  or  with  the  aid  of 
such  person,  during  the  sarne  period  or 
time,  regardless  of  where  or  how  such 
picture  may  have  been  produced.  Such 
hearing  shall  be  conducted  only  upon  due 
notice.  A  full  and  fair  opportunity  shall 
be  afforded  to  all  interested  parties  to 
appear.  A  complete  transcript  of  all  tes- 
timony and  arguments,  together  with  the 
findings  and  order  of  the  code  authority 
shall  be  made  and  certified  to  the  ad- 
ministrator, who  may  approve,  reject  or 
modify  such  order  and  in  such  connection 
conduct  such  further  investigations  and 
hearings  as  to  him  may  seem  necessary 
or  advisable.  The  order  of  the  adminis- 
trator   shall    be    final. 

Power  to  Restrict  Producer 

SECTION  8.  If  any  producer  deliber- 
ately, wilfully,  or  persistently  violates  any 
of  the  provisions  of  this  part  and  the 
code  authority  so  finds  and  such  finding 
is  upheld  by  the  administrator,  the  code 
authority,  with  the  approval  of  the  ad- 
ministrator, shall  have  power  to  impose 
such  restrictions,  prohibitions  or  cond; 
tions  as  it  may  deem  proper  upon  the 
distribution  or  exhibition  of  pictures  pro- 
duced by  any  such  offending  producer. 
Due  notice  of  the  ruling  of  the  code  au- 
thority, as  approved  by  the  administrator 
shall  be  published  in  such  manner  as  the 
code     authority     prescribes. 

SECTION   9.    The   registrar   shall   be   ap 
pointed   and   removed   by   the   code   author 
ity,    at    will,    and    any    act    or    decision    of 
the    registrar    shall    be    subject    to    review, 
reversal    or    modification    by    the    code    au- 
thority on  its  own  motion  or  on  application 
of   any    interested   party,    and    the   code   au 
thority    may    conduct    such    further    investi 
gations   or   hearings   as   it    deems   proper   in 
the    premises. 

PART  6. 

(a)  No  cartoon  producer  shall  employ 
any  person  during  such  time  as  he  is  em- 
ployed   full    time    by    another. 

(b)  No  cartoon  producer  shall  make   any 


Cartoonists  Quiet 

Washington,  Oct.  11. — At 
one  time  or  another,  having 
heard  from  anybody  and 
everybody  connected  with  the 
industry,  including  sign  writ- 
ers and  their  assistants. 
Deputy  Administrator  Sol  A. 
Rosenblatt  draws  the  conclu- 
sion that  cartoon  producers 
are  the  one  industry  group 
who  must  be  satisfied  with 
things  as  they  are.  He  hasn't 
had  a  peep  from  them. 


Added  Film^ 
Open  to  Exhib 
with  50%  Pact 


offer  directly  or  indirectly  of  any  money 
inducement  or  advantage  of  any  kind  to 
any  employe  of  any  other  cartoon  pro- 
ducer in  an  effort  to  entice,  persuade  or 
induce  such  employe  to  leave  or  become 
dissatisfied  or  to  breach  any  contract  cov- 
ering  his    employment. 

(c)  No  cartoon  producer  shall  adapt  a 
cartoon  character  of  another  in  such  man- 
ner that  the  use  of  the  adapted  character 
shall  constitute  an  appropriation  by  him 
of    the    good    will    of    the    creator. 

Must  Offer  Added  Films 

Under  the  general  heading  "Dis- 
tributors" a  new  clause  has  been  in- 
serted which  makes  it  mandatory  for 
distributors  to  offer  features  added  to 
their  schedules  during  any  season  to 
an  exhibitor  who  has  contracted  for 
50  per  cent  of  the  season's  product. 

The  new  section  reads : 

PART  II. 

(a)  If  any  exhibitor  has  contracted  to 
exhibit  more  than  50  per  cent  of  the  total 
number  of  motion  pictures  announced  for 
release  during  any  given  season  by  a  dis- 
tributor and  such  distributor  shall  during 
such  season  generally  release  any  feature 
motion  picture  in  addition  to  the  number 
so  announced,  such  distributor  shall  first 
offer  to  the  exhibitor  for  license  such 
additional  motion  pictures  for  exhibition 
at  the  exhibitor's  theatre,  provided  that 
at  the  time  of  such  offer  such  exhibitor 
shall  have  diily  performed  all  the  terms 
and  conditions  of  all  existing  exhibition 
contracts  between  such  exhibitor  and  dis- 
tributor   and    is    not    in    default    thereunder. 

(b)  In  cases  where  two  exhibitors  have 
each  contracted  to  exhibit,  respectively, 
an  equal  division  (i.e.,  50%)  of  the  num- 
ber of  motion  pictures  announced  for  re- 
lease by  a  distributor  during  any  given 
season,  and  the  distributor  shall  generally 
release  during  such  season  any  feature 
motion  picture  in  addition  to  the  number 
so  announced,  such  distributor  shall  first 
offer  such  additional  motion  picture  for 
license  to  one  of  such  exhibitors,  in  the 
discretion  of  the  distributor,  provided  that 
at  the  time  of  such  offer  such  exhibitor 
shall  have  _  duly  performed  all  the  terms 
and  conditions  of  all  existing  exhibition 
contracts  between  such  exhibitor  and  dis- 
tributor  and   is   not    in   default    thereunder. 

PART  12.  In  each  territory  wherein 
any  distributor  maintains  an  exchange, 
such  distributor  shall  abide  by  the  regula- 
tions promulgated  by  the  code  authority 
for  the  prevention  of  fire,  for  the  holding 
of  fire  drills,  and  rigid  monthly  inspec- 
tions,, the  inspection  of  prints,  the  storing 
of  inflarnmable  material,  the  maintenance 
and  testing  of  sprinkler  systems  and  fire 
extinguishers,  the  avoidance  of  smoking 
and  other  cautions,  methods  and  devices 
to  protect  the  lives  of  employes  and  the 
public  and  to  insure  safety  against  fire 
hazards. 

Cancellation  Clauses 

The  much-discussed  cancellation 
clause  reads  as  follows  in  the  latest 
revision: 

PART    6. 

(a)  If  in  any  license  agreement  for  the 
e.'chibition  of  feature  motion  pictures  the 
exhibitor  has  contracted  to  exhibit  all 
of  the  motion  pictures  offered  at  one  time 
by  the  distributor  to  the  exhibitor  and  the 
license  fees  of  all  thereof  average  $250  or 
less,  the  exhibitor  shall  have  the  privilege 
to  exclude  from  such  license  agreement 
not  to  exceed  10  per  cent  of  the  total 
number  of  the  motion  pictures  so  licensed ; 
provided  the  exhibitor 


(1)  is  not  in  default  under  such  license 
agreement,  and  (2)  shall  have  fully  complied 
with  all  of  the  provisions  thereof,  if  any, 
for  the  exhibition  of  such  motion  pictures 
at    specified    intervals. 

(b)  Such  privilege  of  exclusion  may  be 
exercised  only  upon  the  following  terms 
and  conditions: 

(1)  The  exhibitor  shall  give  to  the  dis- 
tributor written  notice  of  each  motion 
picture  to  be  excluded  within  14  days 
after  the  general  release  date  thereof  in 
the  exchange  territory  out  of  which  the 
exhibitor    is     served. 

(2)  The  exhibitor  may  exclude  without 
payment  therefor  only  one  motion  picture 
for  each  10  per  cent  of  the  number  of 
feature  motion  pictures  specified  in  the 
license  agreement  and  theretofore  exhibited 
thereunder. 

(3)  If  such  privilege  of  exclusion  may 
not  be  exercised  as  provided  in  Paragraph 
(b)  (2),  the  exhibitor  may  nevertheless 
exercise  such  privileg:e  by  paying  the 
license  fee  of  each  motion  picture  excluded 
with   the   notice   of   its   exclusion. 

In  each  such  case,  such  payment  shall  be 
credited  against  each  motion  picture  which 
the  exhibitor  would  otherwise  be  privileged 
to  exclude  as  provided  in  Paragraph  (b) 
(2). 

(c)  Upon  the  failure  or  refusal  of  the 
exhibitor  to  fully  and  completely  comply 
with  any  term  or  condition  of  such  license 
agreement,  or  to  comply  with  any  arbi- 
tration award  in  respect  thereto,  the 
privilege  of  exclusion  forthwith  shall  be 
revoked  and  the  exhibitor  shall  be  liable 
for  and  pay  to  the  distributor  the  license 
fees  of  all  motion  pictures  theretofore 
excluded. 

(d)  If  the  license  fee  of  any  feature 
motion  picture  specified  in  the  license 
agreement  is  to  be  computed  in  whole  or 
in  part  upon  a  percentage  of  the  receipts 
of  the  exhibitor's  theatre,  such  license  fee 
(for  the  purpose  of  computing  the  aver- 
age license  fee  of  all  of  the  motion  pic- 
tures licensed)  shall  be  determined  as  fol- 
lows: 

How  to  Determine  Fees 

(1)  average  the  license  fees  of  all  of 
the  distributor's  feature  motion  pictures 
exhibited  upon  a  percentage  basis  at  the 
exhibitor's  theatre,  during  the  period  of 
one  year  prior  to  the  term  of  such  li- 
cense   agreement. 

(2)  If  none  of  the  distributor's  feature 
motion  pictures  were  exhibited  upon  a 
percentage  basis  at  such  theatre  during 
said  period,  average  the  license  fees  of 
all  feature  motion  pictures  exhibited  upon 
a  percentage  basis  at  such  theatre  durin.g 
the    said   period. 

(e)  If  the  rental  of  any  motion  picture 
excluded  is  to  be  computed  in  whole  or 
in  part  upon  a  percentage  of  the  re- 
ceipts of  the  exhibitor's  theatre,  the  sum 
to  be  paid  by  the  exhibitor  as  provided 
in  paragraph  (b)  (3)  Tiereof  shall  be  deter- 
mined  as   follows: 

(1)  Average  the  gross  receipts  of  all 
the  distributor's  feature  motion  pictures 
exhibited  at  the  exhibitor's  theatre  during 
the  90-day  period  preceding  the  exhibitor's 
notice  of  exclusion,  and  apply  to  such  av- 
erage the  percentage  terms  specified  in  the 
license  agreement  for  the  picture  ex- 
cluded. 

(2)  If  no  feature  motion  pictures  of  the 
distributor  were  exhibited  at  the  exhibi- 
tor's theatre  during  said  90-day  period, 
average  the  daily  gross  receipts  of  the 
exhibitor's  theatre  for  the  period  of  30 
operating  days  preceding  the  exhibitor's 
notice  of  exclusion  and  apply  to  such  av- 
erage the  percentage  terms  specified  in 
the  license  agreement  for  the  picture  ex- 
cluded. 

(f)  In  computing  the  number  of  feature 
motion  pictures  which  may  be  excluded 
hereunder,  fractions  of  one-half  or  less 
shall    be    disregarded. 

(g)  Upon  the  exclusion  of  each  feature 
motion  picture,  the  license  therefor  and 
all  rights  thereunder  shall  terminate  and 
shall    revert    to   the   distributor. 

(h)   The   optional   standard   license  agree- 
ment   referred    to   in   PART   1   hereof   shall 
be     deemed     amended     by     substituting     in 
place    of    Article    IS    of    such   contract    the 
I  provisions    of    this   part. 


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The 

FOUR  MARX 
BROTHERS 

in   Paramount's 

DUCK   SOUP 

Directed  by 
LEO    McCAREY 


The  Leading 
Daily 
llSewspaper 

li:....the 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert. 
Intelligent 
and 

Faithful       I 
Service  to 
the  Indiistry 
In  All 
Branches 


VOL.  34.    NO. 


NEW  YORK,  FRIDAY,  OCTOBER  13,  1933 


TEN  CENTS 


Coast  Talent 
Bitter  Over 
Clauses  9,  10 


"Passive   Resistance"    Is 
Talked  by  Some 


Hollywood,  Oct.  12.  —  Resentment 
imong  actors  and  writers  over  the 
Inclusion  of  Article  9  and  the  old 
A.rticle  10,  the  agents'  and  "star  raid- 
ng"  clauses,  in  the  production  code 
las  reached  the  point  where  there  is 
:alk  of  Ghandi-like  "passive  resist- 
ince." 

The  prediction  is  made  openly  that 
nsistence  on  inclusion  of  these  arti- 
:les  will  stir  up  so  much  trouble  that 
;hey  will  cost  producers  more  in  the 
;nd  than  the  present  competition  for 
;alent. 

Another  mass  meeting,  to  be  held 
It  the  El  Capitan  Sunday  night,  has 
)een  agreed  upon  between  joint  emer- 
gency committees  of  the  .A.ctors'  and 
Writers'  Guilds.  Non-members  will 
De    admitted    and    an    effort    will    be 

(Continued  on   page   6) 

Says  466  Get  51% 
Of  Coast  Payroll 

Washington,  Oct.  12. — In  Holly- 
vood  466  individuals  got  51  per  cent 
)f  millions  expended  in  studio  pay- 
oils,  Deputy  NRA  Administrator 
5ol  A.  Rosenblatt  stated  today.  This 
;ame  to  light  in  response  to  pressing 
juestions  from  daily  and  press  asso- 
riation  reporters  who  regarded  the 
A'hite  House  statement  of  Wednes- 
lay  on  salaries  as  something  entirely 
lew,  when  as  a  matter  of  fact  Motion 
Picture  Daily  published  it  exclusive- 
y  on  Sept.  21. 

Queries  influenced  Rosenblatt  to 
•emark :  "A  large  portion  of  the  prob- 
em  with  respect  to  salaries  is  raised 

(Continued  on   fade  6) 


Mystery  Solved 

Washington,  Oct.  12.  — The 
great  Rosenblatt-Cowan  mys- 
tery was  lifted  this  afternoon 
when  the  deputy  administra- 
tor acknowledged  receipt  of 
the  Academy  letter  request- 
ing a  Hollywood  hearing  on 
the  former  Article  10.  Rosen- 
blatt characterized  the  report 
as  'ridiculous"  and  then  add- 
ed: "All  of  these  points  were 
covered  at  the  public  hear- 
ings   here." 


Split  Within  Hays  Ranks 
On  Three  Issues  Averted 


Code  Authority  Reduced  to  10 
Film  and  Three  Government  Men 

Washington,  Oct.  12. — The  code  authority  will  be  composed  of 
10,  not  12,  film  men  and  three  government  representatives,  the 
latter  without  vote. 

Continuing  to  decline  to  make  known  its  personnel.  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  has  made  his  final  selections 
nevertheless,  the  Motion  Picture  Daily  learned  today.  With  the 
reduction  of  those  empowered  to  vote  to  10,  it  is  a  foregone  con- 
clusion that  among  those  included  are  S.  R.  Kent,  Nicholas  M. 
Schenck,  H.  M.  Warner,  George  Schaefer,  R.  H.  Cochrane,  Ed 
Kuykendall,  Nathan  Yamins,  W.  Ray  Johnston.  The  other  two  are 
unknown,  but  probably  one  will  be  Charles  L.  O'Reilly.  It  has 
been  definitely  determined  that  labor  will  not  be  represented. 


Code  Remains  About  Same; 
Major  Executives  Depart 


Washington,  Oct.  12.  —  Progress 
tuward  a  final  completion  of  the  code 
made  no  appreciable  advances  today 
in  the  face  of  a  careful  statement 
made  by  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  that  he  hoped  to 
settle  argued  points  with  various 
groups  by  Saturday. 

If  that  objective  is  attained,  it 
will    be    minus    alterations    in    former 


Article  10,  over  which  the  battle     of 
weeks   continued  to   rage. 

Today  head  and  ranking  executives 
of  the  major  companies  fulfilled  their 
eagerly  anticipated  wish  and  left  for 
New  York  on  the  Congressional  Lim- 
ited. The  departing  codifiers  includ- 
ed Sidney  R.  Kent,  Harry  M.  War- 
ner,   Nicholas    M.    Schenck,    R.     H. 

(Continued  on  pane  6; 


lATSE  Seeks 
Definitions 
On  Contracts 


Washington,  Oct.  12.— I.A.T.S.E. 
men  are  demanding  a  clear-cut  deci- 
sion on  how  thousands  of  existing 
contracts  with  exhibitors  stand,  and 
today  began  to  swing  theirs  and 
h.  F.  of  L.  influence  to  bear  on  high 
Administration  officials  in  an  effort 
to    find   out. 

While  the  inference  is  that  the 
code  will  not  be  retroactive  by  the 
simple  expedient  of  making  no  men- 
tion that  it  will,  or  that  it  will  not, 
labor  officials  are  insisting  that  this 
is   not   sufficient   definition.   While  the 

(Continued   on    pane   4) 


Capital  Gets 
Detroit  Jam 
On  Bookings 


Washington,  Oct.  12.  —  Several 
moves  are  under  way  here  today  to 
obtain  protection  for  Leon  Kirm  and. 
A.  Ruttenberg,  Detroit  exhibitors  and 
Allied  members,  who  claim  they  are 
being  throttled  and  their  theatres 
facing  extinction  because  Mid-States 
Theatres  has  bottled  up  most  of  the 
backbone  product  for  members  of  its 
booking  combine,  in  which  H.  M. 
Richey  and  J.  C.  Ritter^  both  Allied 
members,  are  officers. 

One  effort  is  being  made  by  Ed 
Kuykendall,    M.P.T.O.A.    head,   while 

(Continued  on   pane   4) 


Duals,     Shorts,     Salary 

Control  Arguments 

Sidetracked 


By   RED   KANN 

Washington,  Oct.  12. — A  split  in 
the  Hays  organization  has  been  avert- 
ed, and  what  threatened  seriously  to 
be  a  schism  at  the  code  deliberations 
is  now  definitely  out  of  the  running. 
At  the  same  time,  however,  all  ele- 
ments are  not  entirely  in  accord  in 
their  views.  While  this  lack  of  accord 
has  resulted  in  tension,  member  com- 
panies will  stick  it  out  together. 

The  threatened  break  in  the  ranks 
developed  over  three  points.  One 
was  double  features.  A  second  was 
combining  shorts  with  feature  sales 
and  a  third  was  the  interminable  ar- 
guments which  raged  for  weeks  over 
the  question  of  fixing  top  line  sal- 
aries. Those  agreeing  to  stick  to- 
gether are  Nicholas  M.  Schenck,  S. 
R.  Ivent,  H.  M.  Warner,  George 
Schaefer  and  B.  B.  Kahane,  as  repre- 
sentatives of  the  major  distributors 
which  are  also  heavily  interested  in 
exhibition. 

Aligned  on  the  other  side  were,  and 
are,    R.    H.    Cochrane,    Harry    Cohn, 

(Continued  on    pacic   4) 


MPTOA  Men  Confer 
With  Hays  Lawyers 

Washington,  Oct.  12.— M.P.T.O.A. 
representatives  at  a  late  hour  tonight 
were  discussing  changes  in  the  NR.A. 
code  with  Hays  lawyers.  Included 
was  the  clause  covering  10  per  cent 
cancellations  which,  they  declare,  re- 
quires further  clarification,  not  as  to 
intent,   but  as  to  language.  Whatever 

(Continued  on   pane   4) 


It  Means  Johnson 

Washington,  Oct.  12.  — Ex- 
actly to  whom  reference  is 
made  throughout  the  code 
when  the  word  administrator 
is  mentioned  was  cleared  up 
today  when  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt 
made  it  clear  that  the  term 
meant  the  administrator  of 
the  NRA.  In  other  words, 
General    Johnson. 


MOTION  PICTURE 

DAILY 


Friday,  October    13,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


\"ol.   34 


October   13,   1933 


No.   t^S 


Martin  Quigley 

Editor-in-Chief   and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 

^•^1^  PUBLISHED  daily,  except  Sunday 
^  jl  J  and  holidays,  by  Motion  Picture 
N^^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway.  New  York, 
Telepfcone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the    fcj  »  A 
Post  Office  at  New  York  City,  \F^  ■«. A, 
N.  Y.,  under  Act  of  March  3, 
1879. 

Subscription  rates  per  year: 
$6  in  the  Americas,  except 
Canada:  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


O'Brien  Supporters 
Organize  Committee 

Supporters  of  Mayor  O'Brien  in 
film  and  theatrical  circles  are  organiz- 
ing a  committee  of  100  to  n'lake  a 
campaign  drive  in  the  Times  Square 
belt.  Senator  Abraham  Kaplan  has 
named  Joseph  Gransky  as  chairman 
and  Arnold  Van  Lear  as  vice-chair- 
man. The  new  group  will  be  called 
the  Democratic  Theatrical  League. 

Gransky  was  assistant  secretary  to 
former  President  Taft  both  while  he 
was  in  the  White  House  and  while 
he  was  governor  general  of  the  Phil- 
ippines. Van  Lear  is  a  well-known 
exploitation  man.  Headquarters  will 
be   maintained  at   1619   Broadway. 


Lesser  Sails  Next  Week 

Sol  Lesser  has  changed  his  plans 
and  now  is  set  to  sail  for  London  on 
the  Paris  a  week  from  today.  He  will 
meet  Jack  Barnstyn,  foreign  repre- 
sentative for  Principal  Distributing 
Corp..  in  London  to  complete  foreign 
distribution  of  "Tarzan  the  Fearless." 
The  picture  is  set  with  United  Brit- 
ish Theatre  Corp.  for  the  United 
Kingdom.  Barnstyn  is  closing  the 
Berlin  office  of  British  &  Continental 
Trading  Co.  and  opening  branches  in 
Copenhagen  and  Vienna.  He  is  now 
in  Paris. 

"Tarzan"  will  be  released  as  a  10- 
reel  feature  in  Europe. 


iiiiMiiiriiiiiiiiifiin 


BEN  BLUE 

Starring  In  Series 

WARNER  BROS. 
SHORTS 


Produced  by 
SAM  SAX 


Directed  by 
RALPH  STAUB 


Looking    ^Em    Over 


'Ever  in  My  Heart" 


{iranicrs) 

This  is  a  sentimental  and  emotion-stirring  story  made  genuine  and  be- 
lievable l>y  acting  and  direction  that  is  noteworthy.  In  selling  it,  a  special 
effort  should  be  made  to  attract  women's  patronage.  It  is  greatly  to  what 
they  have  demonstrated  is  their  liking.  Barbara  Stanwyck,  in  a  new  and 
different  role,  admirably  supported  by  the  comparatively  recent  stage  re- 
cruit, Otto  Kruger,  delivers  a  performance  that  will  cause  her  old  admirers 
to  enthuse  and  should  win  her  many  new  ones. 

The  story  is  that  of  racial  hatreds  during  the  World  War.  Married  to 
Kruger,  a  naturalized  .American  of  German  descent,  Miss  Stanwyck  remains 
loyal  and  devoted  to  him  as,  after  America's  entrance  into  the  war,  friends 
desert  them  and  adversity  after  adversity  overtakes  them.  Both  to  spare  his 
wife  new  hurts  and  in  rebellion  against  the  animosity  shown  him  because  of 
his  race,  Kruger  eventually  leaves  her  and  goes  into  the  service  of  his  father- 
land, later  being  assigned  to  espionage  duty.  They  meet  again  in  an  army 
base  in  France  where  Miss  Stanwyck,  now  a  canteen  worker,  saves  him 
from  a  spy's  death  by  hiding  him  in  her  billet  for  a  night.  In  the  morning, 
rather  than  aid  him  to  deliver  the  information  she  knows  him  to  possess  to 
the  German  command,  and  unable  to  give  him  up  because  of  the  love  be- 
tween them,  she  administers  a  poison  in  a  drink  and  Kruger  dies  in  her 
arms. 

The  acting  throughout  is  admirable,  and  Archie  Mayo's  direction  is  flaw- 
less, making  a  picture  strong,  forceful  and  effective  in  drama.  Also  in  the 
commendable  supporting  roles  are  Ralph  Bellamy,  Laura  Hope  Crews,  Ruth 
Donnelly,  Frank  Albertson,  Wallis  Clark  and  Nella  Walker. 


SHORTS 


DirtcUon:     LEO    MORRISON 


niiinimuHiiiiiii 


"Black  Dawn" 

{Cameron  Macpherson) 
Here  is  a  fine  featurette.  Simply, 
directly,  without  concession  to  the 
accepted  tenets  of  Hollywood,  it 
tells  the  tale  of  a  farm  girl,  love- 
starved  by  a  tyrant  father.  When  into 
her  life  walks  a  youth  seeking  work, 
she  senses  for  the  first  time  a  promise 
of  happiness  and  a  means  of  escaping 
the  monotony  of  her  existence.  The 
insanely  jealous  father  dies  of  a  stroke 
when  he  surprises  the  two  in  each 
other's  arms.  She  asks  her  lover  to 
go  and  reconciles  herself  to  her  fate. 
Josef  Berne  has  done  a  fine  job  of 
directing.  Cameron  Macpherson,  the 
producer,  was  fortunate  in  having 
Paul  Iva.no  as  cameraman.  The 
photographv  is  impressive.  The  play- 
ers. Julie  Hayden,  Ole  M.  Ness  and 
Frank  Eklof  are  real  and  sincere,  if  a 
little    amateurish    at    times. 

For  audiences  that  demand  quality, 
"Black  Dawn"  is  the  thing.  Running 
time,    35    mins. 

''Elephant  Trails" 

(Fii.r  Man  if  Carpet ) 
An  interesting  subject  which  shows 
pachyderms  at  work  in  Asia.  Their 
labor  consists  mostly  of  loading,  cart- 
ing and  unloa.ding  enormous  teak  trees 
which  have  to  be  killed  three  years 
before  cutting.  The  wind-ui>  shows  the 
elephants  on  a  stampede  which  smacks 
of  authenticity.  A  novel  subject.  Run- 
ning tiine.   10  mins. 


''The  Kick-Off" 

(Principal) 
The  thrill  and  drama  of  the  grid- 
iron are  packed  into  three  reels  of 
tense  footage  with  Howard  Jones  in- 
troducing numerous  prominent  foot- 
ball coaches  from  colleges  and  uni- 
versities throughout  the  country  and 
explaining  details  of  the  various  plays. 
This  subject  shows  every  possible 
angle  of  the  game,  starting  with  a 
coaching  lesson,  then  shifting  into  a 
practice  session  and  finally  for  a  bang- 
up  finish  the  tilt  between  Notre  Dame 
a.nd  the  University  of  Southern  Cali- 
fornia, when  the  former  won  by  a 
score  of  16  to  14.  Released  at  the 
start  of  the  pigskin  season,  this  num- 
ber rates  swell  tie-ups  and  will  get 
the  fans.  There's  not  a  dull  moment 
in   it.    Running  time.  30  mins. 


"The  Midnight  Patrol" 

(Roach-M-G-M) 
A  swell  Laurel  &  Hardy  short  with 
the  first  gag  the  best  of  the  lot.  The 
comics  are  on  night  patrol  in  a  radio 
car  and  the  picture  opens  with  a  call 
coming  through  for  them,  advising 
that  someone  is  stealing  the  tires  from 
their  car.  The  next  sequence  has  them 
helping  a  burglar  looting  a  jeweler's 
safe.  The  number  winds  up  with  them 
assigned  to  bring  in.  a  man  breaking 
into  a  house.  They  almost  wreck  the 
house  getting  their  man,  who  turns 
out  to  be  captain  of  the  force.  Run- 
ning time,  20  mins. 


BernaysDiscussesTie-Ups 

Edward  L.  Bernays.  public  relations 
executive  for  a  number  of  big  com- 
mercial companies,  yesterday  gave 
A.M. P. A.  members  details  on  how 
"overt  a,cts"  and  "group"  tie-ups 
can  efl^ectively  aid  the  industry  in 
selling    pictures    to    the    public. 


All  Markets  Closed 

Yesterday  being  Columbus  Day.  a 
legal  holiday,  all  financial  markets 
were  closed.  Operations  will  be  re- 
sumed  today. 


O'Brien's  Father  Dead 

Hollywood,  Oct.  12. — Dan  O'Brien, 
father  of  George,  died  in  San  Fran- 
cisco early  this  morning  of  a  heart 
attack.  He  was  58  and  retired  from 
the  'Frisco  police  force  after  27  years 
of   service. 


"Parade"  Sets  Record 

"P^ootlight  Parade,"  in  its  first 
week  at  the  Strand,  cracked"  the  house 
record  with  a  gross  of  $65,724.  War- 
ners report. 


i  Purely 
Personal  ► 


E 


MANUEL     Cohen,    Dave   and    Ak- 
THUR  LoEw,  Eugene  Picker  and 


a    number    of    other    film    executives    ji 
yesterdav    attended    Yishkor    services 
held  at  the  47th  St.  Temple.     This  is 
the  prayer  for  the  dead. 

Wallace  Beeuv,  who  returned 
from  abroad  yesterday  with  Mrs. 
Beery,  will  leave  the  Hotel  Warwick 
today  to  resume  picture  work  on  the 
coast.    He  will   fly  to  Chicago  first. 

Patricia  Bowman,  formerly  pri- 
ma ballerina  at  the  RKO  Music 
Hall,  started  rehearsals  yesterday  for 
the   "Ziegfeld   Follies." 

Jean  Connors,  who  won  the  RKO 
beauty  contest,  leaves  for  Hollywood 
next  week  to  appear  in  "Blonde  Poi- 
son"  for   Radio. 

Sidney  Skolsky  left  for  the  coast 
yesterday  to  become  Hollywood  cor- 
respondent and  columnist  for  the 
Daily  Ncivs. 

Juliette  Compton,     British     film 

player,    will  arrive    Saturday    on    the 

Statcndaam.  She    is    on   her    way   to 
the   coast. 

Edward  Fontaine,  mid-west  dis- 
trict manager  for  Paramount,  is  in 
town  for  conferences   with    Neil  Ac- 

NRW. 

George  Arliss  will  stay  in  town  a 
few  days  before  leaving  for  the  coast 
to  begin  work  for  20th  Century. 

Major  Ernst  Udet,  aviator  fea- 
tured in  "S.O.S.  Iceberg,"  sailed  on 
the    Europa    last    night. 

.\l  Jolson  will  leave  Saturday  for 
the  coast  to  start  work  in  "Wonder 
Bar"    for    Warners. 

Al  Wilkie  arrives  on  the  coast 
tomorrow.  He's  on  the  same  boat 
with   Bill  Pine. 

M.  H.  Aylfsworth  returned  from 
Washington    yesterday. 

Mike  Marco  leaves  for  the  coast 
tomorrow. 

Milt  Kusell  was  ailing  yesterday. 


Goebel  Drops  Appeal 

Appeals  from  their  conviction  in 
the  National  Diversified  Corp.  mail 
fraud  cases  have  been  withdrawn  by 
Otto  E.  Goebel  and  his  sisters-in- 
law.  Irene  and  Elizabeth  Plant.  They 
were  accused  of  fraud  in  the  sale  of 
$3,000,000  worth  of  securities  to  pro- 
mote clean  films.  They  notified  As- 
sistant Federal  Attorney  Rosenblum 
they  could  not  afford  to  have  the  rec- 
ord of  the  case  printed. 


U.A.  Adds  Exploiteers 

Monroe  Greenthal,  head  of  the 
United  Artists  exploitation  depart- 
ment, has  added  20  men  to  handle 
"The  Bowery,"  "The  Life  of  King 
Henry  VIII,"  "Broadway  Thru  a 
Keyhole"  and  other  new  product. 
About  40  men  will  comprise  the  staff 
when  it  is  in  full  swing. 


NEWS  OF  WEEK 
IN  PHOTO-REVIEW 


"FOOTLIGHT  PA- 
RADE" TOPS  "GOLD 
DIGGERS"  by  27  per 

cent  in  first  week  at 
N.Y.  Strand  as  na- 
tion-wide parade  of 
bigger-than-Gold- 
Diggers  records 
starts  today  in  Pitts- 
burg, New  Haven, 
other  key  spots. 
Here's  detail  of 
Strand  front  that's 
helping  drag'  em  in.  * 


NEW  YORK  HAILS  NEW 
STANWYCK  at  Hollywood 
Theatre  opening  of  her 
greatest  love  story,  "Ever 
in  My  Heart."* 


I/ARNER  TRADE 

iDS  on  "Foot- 
ght  Parade"  and 
Gold  Diggers" 
ispired  studio 
elebs  to  stage 
[lis  photo-fore- 
ist  of  box-office 
jception  of  "The 
i^orld  Changes," 
'ith  Mervyn  Le 
.oy  and  Robert 
ord  impersonat- 
ig  eager  Ameri- 
in  public.® 


k  Warner  Brot.  Picfore 
{  Fini  National  Picture 
'Hagraph,  Inc.,  Ditlribvtors 


"FROM  BELOW  THE  STERNUM"  is  where 
Variety  Daily  locates  countless  laughs  in 
"Havana  Widows,"  with  6-comedian  cast, 
first  of  month's  triple  -  comedy  output 
from  Warners.** 


REST  FOR  ROB- 
INSON, Gene- 
vieve Tobin,  as 
last  camera  turn 
sends  "Dark 
Hazard"  on  way 
to  screen  at 
height  of  nation- 
wide publicity  on 
this  famous  Book 
of  the  Month." 


"WILL  TAKE  ITS  TOLL  at  the  turn- 
stile" predicts  coast  preview  of 
"From  Headquarters,"  Warners' 
mystery-packed  revelation  of  cops' 
scientific  "clue  machines."* 


MOTION  PICTURE 

DAILY 


Friday,  October    13,    1933 


Salary  Control  Worrying  Majors 


Split  in  Hays 
Ranks  Averted 
On  3  Problems 


(.Continued  from  page   1) 

Nathan  Burkan,  Edward  Raftery,  the 
latter  two  acting  as  attorneys  for 
United  Artists ;  Joseph  M.  Schenck, 
Samuel  Goldw-yn,  Mary  Pickford, 
Douglas  Fairbanks  and  Charles  Chap- 
lin. Universal  and  Columbia  made 
it  clear  at  the  public  hearings  they 
opposed  any  restrictions  on  duals, 
whereas  other  majors  are  generally 
understood  to  have  frowned  on  them. 
Cochrane  also  opposed  tying  in  shorts 
with  feature  sales.  These  two  com- 
panies and  interests  identified  with 
United  Artists  also  consistently  op- 
posed any  plan  designed  to  regulate 
ma.ximum  salaries. 

Feared  Loss   of  Players 

The  chief  argument  was  that  such 
limitations  would  invoke  hardships, 
perhaps  leading  to  their  destruction, 
on  the  theory  that  a  given  player 
would  prefer  to  cash  his  lot  with 
producers  fortified  with  a  large  num- 
ber of  theatres,  thereby  assuring  for 
himself  top  circulation  with  the  pub- 
lic,   if   not    top   salaries. 

There  was  another  extremely  vital 
angle  brought  out,  and  this  was  it : 
Considered  a  danger  which  had  been 
overlooked  until  brought  to  light,  was 
the  possibility  that  salary-fixing  might 
lead  to  price-fixing  of  rentals.  It  was 
stressed  that  any  regulation  via  gov- 
ernment approbation  designed  to  di- 
rect salaries  downward  might  boom- 
erang in  a  direction  not  counted  upon, 
in  that  exhibitors  might  insist  the 
principle  apply  to  prices  they  pay  for 
pictures   as   well. 

This  was  seen  by  those  who  ad- 
vanced the  argument  as  a  potential 
danger  hitting  at  income  of  the  na- 
tional distributors  with  ixjssible  se- 
rious consequences  to  the  financial 
status  of  several  of  them.  Major  pro- 
ducers had  no  idea  any  steps  might 
be  taken  on  salary  control  when  they 
came  to  Washington  for  the  first  time. 
The  first  inkling  came  as  a  complete 
surprise  and  almost  as  a  shock.  It 
was  passed  on  from  the  White  House 
through  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt.  This  and  other 
Administration  thoughts  on  the  man- 
ner in  which  the  industry  should  re- 
arrange itself  under  the  aegis  of  the 
NRA  virtually  floored  major  execu- 
tives when  they  were  informed  about 
them,  and  were  the  direct  reason  for 
the  first  recess  on  Sept.  16,  when  they 
informed  Rosenblatt  they  required 
time  to  refashion  their  plans  in  view 
of  the  word  he  brought. 

Sought  Salary  Formula 

During  succeeding  days  they  sought 
to  evolve  a  formula  on  salaries,  but 
this  brought  about  stern  resistance  on 
the  part  of  Columbia,  Universal  and 
United  Artists,  and  earlier  this  week 
resulted  in  plans  to  drop  it  when  it 
became   apparent   legal    precedent   for 


Steffes  Explains 

Washington,  Oct.  12.  — Re- 
plying to  Rosenblatt  on  how 
wired  protests  from  scat- 
tered northwest  exhibitors 
happened  to  be  dated  in 
Minneapolis,  Al  Stefifes  to- 
day said  about  30  members 
held  a  meeting  in  Minneap- 
olis Sunday  and  shot  through 
telegrams  at  the  same  time. 


its  establishment  and  legal  machinery 
to  make   it  enforceable  did  not  exist. 

The  Motion  Picture  Daily  has 
substantial  reason  for  the  statement 
that  major  producers  neither  sought 
nor  asked  for  salary-fixing.  One  rea- 
son for  this  is  the  realization  that 
talent  earning  capacity  might  not 
easily  be  regulated  without  similar 
procedure  being  applied  to  executive 
salaries  as  well.  While  at  the  mo- 
ment, and  despite  differences  of  opin- 
ion which  still  exist,  the  Hays  group 
continues  to  be  one,  there  remains  at 
least  one  issue  which  will  have  to  be 
threshed  out.  This  is  the  headache 
formerly  known  as  Article   10. 

Columbia  and  United  Artists  are 
not  in  favor  of  it  as  it  now  appears 
in  the  code,  and  Universal  is  reported 
to  regard  it  in  like  manner.  The  arti- 
cle is  slated  to  undergo  revision  if 
these  companies  win  their  point. 
Efforts  will  be  made  to  re-draft  it 
in  order  to  include  their  views,  which, 
in  the  main,  rest  on  the  general  theory 
that  the  proposals  will  add  to  pro- 
duction problems  and  overhead  by 
making  it  more  difficult  to  hire  talent. 


MPTOA  Men  Confer 
With  Hays  Lawyers 

(ConfiiiKrd  irom  t^aac   1) 

agreement  in  altered  phrases  in 
that  provision  and  in  others  is 
reached  will  be  presented  to  the  deputy 
administrator  at  his  meeting  with  ex- 
hibitors at   10:30  Friday  morning. 

In  a  statement  issued  tonight  Ed 
Kuykendall  reported  progress  in  his 
group's  analysis  of  the  code.  It  is 
understood  much  of  the  strained  re- 
lations developed  on  Wednesday  were 
cleared  away  today,  although  all  is 
not  harmonious  on  the  M.P.T.O.A. 
front.  Kuykendall  said :  "We  have 
cleared  up  several  clauses  controver- 
sial and  objectionable  in  point  of  lan- 
guage and  have  made  some  progress 
on  labor.  By  Friday  we  believe  we 
will  have  made  enough  progress  to 
present  all  of  our  recommendations 
to    Mr.    Rosenblatt." 


Aug.  23  Date  on  Pay 
Blow  for  Cleveland 

Wasiii.\(;ton,  Oct.  12.  —  listab- 
lishment  of  Aug.  23  as  the  prevailing 
date  for  the  operator  scale  will  cost 
Cleveland  exhibitors  $150,000  a  year, 
according  to  M.  B.  Horwitz,  Cleve- 
land independent  exhibitor,  who  ar- 
rived here  to-day.  He  said  Cleve- 
land theatre  men  on  Sept.  1  signed  a 
new  deal  at  a  10  per  cent  slash. 


lATSE  Seeks 
Definitions 
On  Contracts 


(Contiyiued  from  page   1) 

code  specifies  Aug.  23  as  the  date  on 
which  scales  are  to  prevail,  there  are 
understood  to  be  hundreds  of  con- 
tracts which  pre-date  this  starting 
point. 

It  is  understood  that  the  I.A.T.S.E. 
is  very  much  excited  over  this  situa- 
tion. Rosenblatt  got  a  number  of  calls 
from  high  sources  today  asking  for 
further  clarification  on  this  new  phase 
in  code  deliberations  and  was  unable 
to  answer  them.  This  is  what  labor 
maintains,  but  since  Rosenblatt  is  ad- 
hering strictly  to  his  decision  not  to 
answer  questions  outside  of  agreed- 
upon  press  interviews,  no  effort  was 
made  tonight  to  check  this  with  him. 

Two  Clauses  Not  Clear 

The  M.P.T.O.A.  group  today  con- 
tinued to  experience  difficulty  in  reach- 
ing internal  accord  among  its  own 
members  on  the  labor  provisions.  Con- 
fusing to  some  of  them  are  two  con- 
tradictory clauses  in  the  code  as  it 
now  stands.    One  is  this : 

"In  order  to  effectuate  the  forego- 
ing provisions  of  Section  6  hereof  and 
pending  the  determination  of  any  dis- 
putes as  above  specified,  the  employes 
herein  embraced  and  provided  for  shall 
not  strike  and  the  exhibitors  shall  not 
lock  out  such  employes." 

The  other  is  Section  10  under  labor 
which  reads : 

"With  respect  to  disputes  arising 
between  employes  and  employers  in 
the  exhibition  branch  of  the  motion 
picture  industry  the  parties  pledge 
themselves  to  attempt  to  mediate  all 
such    disputes." 

Clearer  language  is  necessary,  ex- 
hibitors maintain,  and  at  a  meeting 
with  Rosenblatt  at  10:30  Friday 
morning  this  will  be  one  of  the 
points  raised. 

Rosenblatt  today  announced  one 
change  in  regard  to  labor.  This  con- 
cerns cities  or  towns  where  there 
are  no  operator  unions,  or  unions  af- 
filiated with  the  I.  A.  T.  S.  E.  In 
those  instances  the  minimum  per 
hour  scale  is  to  be  40  cents,  which 
is  the  President's  minimum  for  me- 
chanical workers.  In  the  code,  as 
now  constituted,  disputes  in  this  di- 
vision are  to  be  determined  by  con- 
ferences between  a  representative  of 
the  operator  group  and  a  representa- 
tive appointed  by  the  exhibitor,  bas- 
ing their  conclusions  on  existing  min- 
imum wages  and  maximum  hours  for 
the  class  of  theatres  so  involved.  It 
does  not  necessarily  follow  that  tlie 
scale  in  such  situations  cannot  rise 
above  40  cents  per  hour,  but  Rosen- 
blatt at  least  guarantees  operators, 
not    organized,    that    wage    minimum. 

Miss  Dee  to  Wed  McCrea 

Los  Angeles,  Oct.  12.  —  Frances 
Dee  and  Joel  McCrea  are  engaged  to 
marry.  The  date  of  the  wedding  has 
not  been  given  out. 


Capital  Gets 
Detroit  Jam 
On  Bookings 


(Continued  from  page   1) 

Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  is  reported  to  have  pri- 
vately interceded  with  at  least  one 
company  president  here  in  behalf  of 
Kirm   and   Ruttenberg. 

Kirm  operates  the  Kramer,  2,000- 
seat  house.  His  opposition  is  thej 
Senate,  operated  by  Ben  Cohen  and! 
seating  only  1,000.  Despite  this,! 
Cohen  will  have  available  Paramount, 
Fox,  Warners,  U.  A.  and  Universal  | 
product,  because  the  pictures  have  i 
been  sold  to  Mid-States,  of  which  < 
Cohen    is   a   member. 

An  action  has  been  brought  against 
Mid-States    by    Ruttenberg,    in    which  ] 
M-G-M    has    joined,    with    the    filing 
of  a  cross  bill  which  temporarily  de-  j 
lays    approval    of    these    contracts    by ' 
distributors. 

Kirm  was  a  member  of  Mid-States 
under  its  former  name  of  Cooperative 
two  years  ago  when  the  booking  com- 
bine was  in  a  hot  scrap  with  M-G-M 
and  refused  to  buy  its  product.  Kirm 
says  he  bought  M-G-M  on  his  own, 
thus  precipitating  a  break  with  Mid- 
States,  and  consequently  he  has  been 
outside    ever    since. 

Needs  260  Features 

Today  he  has  M-G-M  and  may  get 
Columbia  and  Radio,  but  he  says  his 
house  needs  260  features  yearly,  be- 
cause of  duals.  He  asserts  he  doesn't 
know  where  to  turn.  His  four  other 
houses  in  sections  where  Mid-States 
has  no  members  are  getting  all  the 
product  they  need,   he  admits. 

Ruttenberg  operates  the  Iris  and 
is  suing  Mid-States,  along  with  Lew 
Kane,  operator  of  the  Mayfair.  Like- 
wise a  member  of  Mid-States,  under 
its  old  name,  his  break  also  came  when 
he  purchased  M-G-M  product  two 
years    ago. 

"I  have  been  crucified  ever  since," 
he  says.  "I  don't  even  know  what 
picture  I'm  going  to  play  a  week 
from  Sunday.  I  had  Warner  -  First 
National  for  14  years.  Now  I  can't 
get  it  because  the  product  has  been 
pledged    Mid-States." 

The  Iris  seats  900  and  changes 
thrice  weekly,  also  using  doubles, 
making  the  total  picture  requirements 
260  yearly.  Like  Kirm,  Ruttenberg 
has  M-G-M,  but  also  Radio.  He 
maintains  he  can't  get  by  on  these 
two  alone.  He  also  says  he  had  to 
close  the  house  this  past  summer  be- 
cause his   film   was   closed   out. 

Both  Kirm  and  Ruttenberg,  who 
are  here  with  Sol  Marks  and  Adrian 
Rosen,  their  attorneys,  declare  all 
they  want  is  a  fair  product  split  to 
permit  them  to  stay  in  business.  The 
situation  is  extremely  interesting,  be- 
cause it  indicates  that  while  the  ma- 
jors refuse  to  sell  the  Chicago  buy- 
ing combines,  as  alleged  several  times 
by  Aaron  Saperstein,  they  are  doing 
that  very  thing  in  another  key  city 
less  than  300  miles  away. 


I 


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U.YWO 

Two  New  Season  M-G-M 
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'Ses 


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G 


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At  your  M-G-M  exchange!  Eight-page  press  book  with  press  stories,  exploitation  tie-ups  and 
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Tell  the  folks!  Mats  are  at  your  branch!  Get  some  today,  FREE! 


MOTION  PICTURE 

DAILY 


Friday,  October    13,    1933 


Hollywood^  Bitter^  Plans  Meeting 


Coast  Talent 
Bitter  Over 
Clauses  9, 10 


(Continued  from  page   1) 
made  to  frame  a  protest  to  be  sent 
to    President    Roosevelt    and    Deputy 
NRA    Administrator    Sol    A.    Rosen- 
blatt. 

The  Academy  protest  has  already 
been  sent.  It  was  framed  at  a  meet- 
ing attended  by  President  J.  T.  Reed 
and  the  executive  committees  of  all 
branches.  In  this  protest  it  was  as- 
serted that  the  two  controversial  arti- 
cles might  in  the  end  result  in  costly 
strikes  and  lower  the  quality  of  pic- 
tures. 


Eddie  Cantor  to  Go  on 
Air  Over  Salary  Cuts 

Hollywood,  Oct.  12. — With  writers 
and  actors  incensed  over  the  revised 
Article  10,  now  5  in  tlie  code,  deal- 
ing with  blacklisting  and  anti-raiding, 
Eddie  Cantor,  president  of  the  Actors' 
Guild,  goes  on  the  air  Saturday  night 
to  urge  all  interested  creative  branches 
of  the  industry  to  attend  what  is  ex- 
pected to  be  the  largest  mass  meeting 
in  the  history  of  Hollywood  at  the 
El  Capitan  Sunday  night.  Principal 
speakers  at  the  session  will  include 
Cantor,  Lucille  Gleason,  Fredric 
March,  John  Howard  Lawson,  Ralph 
Block  and  Oliver  H.  P.  Garrett. 


Says  466  Get  51% 
Of  Coast  Payroll 

(Continued  from  page   1) 

by  reason  of  the  fact  statistics  show 
that  of  the  total  cost  of  salary  and 
labor  expense  in  producing  pictures 
an  average  of  466  persons  received 
51  per  cent  of  the  total  salary  and 
labor  payrolls,  although  more  than 
12,000  are  salary  and  general  labor 
employes." 

Asked  if  code  authority  preroga- 
tives could  be  construed  as  controlling 
salaries,  Rosenblatt  was  noncommital. 


Chicago  Combine  to 
Stay — Saperstein 

Chicago,  Oct.  12.  —  Denying  re- 
ports from  Washington  that  he  in- 
tended disbanding  his  cooperative 
buying  organization  because  distribu- 
tors refuse  to  sell  him  pictures,  Aaron 
Saperstein  declared  this  afternoon 
that  the  Northwestern  Theatre  Corp. 
will  book  for  its  45  members  if  it 
cannot  buy  for  them. 

"We  have  not  given  up,"  he  said. 
"The  code  ducked  this  and  eight  oth- 
er leading  points.  That  is  why  we 
walked  out.  However,  Allied  hias 
renewed  its  eflforts  to  get  a  definite 
ruling  and  in  the  meantime  we  are 
marking  time.  Theatres  in  need  of 
pictures  are  being  given  permission 
to  buy  direct." 


Code  Remains  About  Same; 
Major  Executives  Depart 


(Continued  from  patic   1) 


Cochrane,  Harry  and  Jack  Cohn  and 
Nathan  Burkan.  Behind  them  were 
left  their  attorneys,  including  Ed- 
ward Raferty,  Louis  Nizer,  Joseph 
Hazen,  Harold  Bareford,  Edwin  J. 
Loeb,  and  William  Jafife,  who  has 
been  confined  to  his  quarters  for  al- 
most a  week  with  a  heavy  cold,  which 
for  a  time  threatened  to  become  more 
serious. 

While  the  majors  are  in  agreement 
on  practically  all  clauses  there  re- 
mains a  real  sized  job  of  re-phrasing 
provisions  over  which  there  is  no 
complete  agreement.  Chief  among 
these  is  former  Article  10,  which 
would  bar  secret  negotiations  among 
producers  for  talent  and  throw  ne- 
gotiations on  new  contracts  into  the 
open  under  a  system  already  detailed 
in    Motion    Picture  Daily. 

The  Academy  continued  to  move 
for  the  elimination  of  Article  10  in 
toto.  Several  Hays  member  com- 
panies, including  Columbia,  Universal 
and  United  Artists,  are  anything  but 
hot  for  it  in  its  present  form  and 
propose  continuing  their  stand  that 
its  scope  is  to  be  made  less  compre- 
hensive. 

The  insurgent  group  of  independ- 
ent producers,  distributors  and  exhib- 
itors is  back  in  Washington  in  al- 
most as  heavy  an  aggregation  as  was 
on  hand  last  week.  This  group  held 
a  meeting  tonight  to  discuss  point  by 
point  its  analysis  of  the  NRA  code. 
This  analysis,  prepared  by  Abram  F. 
Myers  for  Allied,  Jacob  Schechter 
for  the  Federation  of  the  M.  P.  In- 
dustry, Mitchell  Klupt  for  the  In- 
dependent M.  P.  Exhibitors'  Protec- 
tive Code  Committee  and  Milton  C. 
Weisman  for  the  I.  T.  O.  A.  of 
New  York,  is  scheduled  to  be  sub- 
mitted to  Rosenblatt  on  Friday  morn- 
ing. 

M.P.T.O.A.  Completes  Analysis 

The  M.P.T.O.A.,  after  almost  two 
days  of  solid  and  intensive  effort,  com- 
pleted its  own  analysis  tonight  and 
was  angling  for  changes  with  Hays 
lawyers.  This  aggregation  meets  with 
Rosenblatt  Friday  morning  in  what  it 
is  hoped  will  be  a  final  session.  Labor 
provisions  are  a  source  of  concern  to 
certain  delegates  in  M.P.T.O.A.  ranks. 

The  I.A.T.S.E.,  it  developed  today, 
is  far  from  cheerful  over  the  code.  Its 
member  unions  have  thousands  of  con- 
tracts, T.A.T.S.E.  men  declare.  Many 
of  them  antedate  the  Aug.  23  date 
which  the  code  decrees  is  the  starting 
point  for  prevailing  operator  wages. 
The  union  contingent  wants  to  know 
where  it  gets  off  on  that  score.  Con- 
ferences between  Rosenblatt  and  Ralph 
Blum,  acting  for  coast  agents,  are  re- 
ported to  be  behind  the  statement 
made  by  the  deputy  today  in  which 
he  softened  the  intent  of  former  Arti- 
cle 9,  which  would  place  almost  un- 
limited restrictions  on  agents  and 
would  set  up  severe  penalties  if  in- 
fractions of  the  clauses  are  made. 
The  Screen  Writers'  Guild,  which  is 
affiliated  with  the  Authors'  League, 
is  beefing  about  what  was  once  known 


as  Article  10  and  claims  it  to  be  irk- 
some  to   its   members. 

A  hitherto  unexpected  hitch  in  the 
studio  labor  provisions  which  earlier 
in  the  week  appeared  to  be  entirely 
set  added  to  the  complexities  of  the 
situation  today.  The  difficulty  is  under- 
stood to  bear  on  alleged  ambiguities 
of  the  language  in  which  these  por- 
tions of  the  code  are  couched,  and  as 
is  the  case  in  many  provisions  of 
the  NRA  draft,  call  for  clarification. 
Therefore,  Pat  Casey,  producers'  labor 
contact,  is  back  in  Washington,  and 
late  this  afternoon  with  major  com- 
pany lawyers,  plus  Abner  Rubien,  at- 
torney for  the  I.A.T.S.E.,  met  to  dis- 
cuss the  situation  in  Rosenblatt's 
office. 


Authors,  Writers 
Attack  ''Blacklist" 

Washington,  Oct.  12. — Attacking 
former  Article  10  and  that  section  of 
it  which  would  prohibit  negotiations 
for  new  talent  until  30  days  before 
expiring  contracts  terminate,  the 
Authors'  League  and  the  Screen 
Writers'  Guild  tonight  issued  a  joint 
statement  charging  that  the  proposed 
clause  "legalizes  blacklisting  and  vic- 
timizes the  entire  profession  in  order 
to  protect  producers  against  their  own 
mistakes." 

The  statement,  at  another  point, 
said,  "If  writers  are  to  be  blamed  for 
the  high  cost  of  pictures,  we  demand 
these  charges  be  proven  in  a  public 
hearing   or    elsewhere." 

Louise  Sillco.x  and  William  Hamil- 
ton Osborne  signed  the  statement  for 
the  Authors'  League  and  Sidney  How- 
ard and  James  Ashmore  Creelman 
for  the   Screen  Writers'   Guild. 


Licenses  for  Agents 
May  Not  Be  Invoked 

Washington,  Oct.  12. — There  is  no 
present  intention  of  licensing  agents 
as  is  currently  provided  for  in  the 
NRA  code,  according  to  Deputy  NRA 
.Administrator  Sol  A.  Rosenblatt.  To- 
day he  explained  that  provisions  per- 
mitting such  licensing  had  been  in- 
cluded in  the  code  but  would  be  in- 
voked only  if  it  becomes  expedient 
to  do  so. 


Rathner  in  Eastern 
Post  for  Principal 

liarry  Rathner  has  been  appointed 
eastern  sales  manager  of  Principal 
I^istributing  Corp.  Louis  Hyman 
continues  as  western  sales  manager 
with  headquarters  in  New  York.  The 
company  plans  to  roadshow  "Thun- 
der   Over    Mexico"    in    10   cities. 


Stewart  in  New  "U"  Post 

Kansas  City,  Oct.  12.^-Jack  Stew- 
art is  the  new  Universal  salesman  in 
northern  Kansas,  succeeding  Dan 
Myers,    resigned. 


No  Successor 
For  Franklin 
Named  As  Yet 


No  successor  to  Harold  B.  Frank- 
lin, who  resigned  as  head  of  RKO 
theatres  on  Wednesday,  was  named 
by  M.  H.  Aylesworth,  RKO  presi- 
dent, on  his  return  from  Washington 
code   conferences   yesterday. 

Broadway  rumors,  however,  con- 
tinued to  make  nominations  to  fill 
the  vacancy,  with  virtually  everyone 
who  had  ever  managed  a  theatre,  and 
a  few  who  had  not,  being  named  as 
likely  successors  to  Franklin.  Fore- 
most among  yesterday's  nominees  in 
point  of  frequency  of  repetition  was 
Major  L.  E.  Thompson,  operating 
head  of  Trans  Lux  theatres.  Men- 
tioned earlier  were  Nate  Blumberg, 
Orpheum  Circuit  executive;  Charles 
D.  Koerner,  RKO  district  manager ; 
Phil  Reisman,  Franklin's  assistant ; 
Herschel  Stuart,  former  assistant  to 
Franklin,  and  a  number  of  others, 
who,  according  to  some  RKO  execu- 
tives, were  "disqualified  for  reasons 
more   or   less   obvious." 

Efforts  to  reach  Aylesworth  yester- 
day for  comment  on  the  various  ru- 
mors  were   unsuccessful. 

Returns  on  Monday 

Meanwhile,  Franklin,  whose  resig- 
nation is  effective  Sunday,  left  for  a 
week-end  vacation  at  a  nearby  resort. 
He  plans  to  return  to  New  York 
Monday  and  will  leave  for  the  west 
coast  shortly  thereafter  to  make  plans 
for  his  announced  independent  pro- 
duction activities,  returning  here,  ac- 
cording to  present  plans,  in  about 
three  weeks  to  establish  eastern  head- 
quarters in  Radio  City.  Prior  to  his 
departure,  Franklin  declined  to  reveal 
who  his  proposed  production  asso- 
ciates would  be.  If  the  production 
venture  materializes,  it  is  stated  he 
may  release  through  RKO  Radio. 


Mount  an  Announces 
Lineup  for  1933-34 

D.  J.  Mountan,  president  of  Show- 
men's Pictures,  Inc.,  has  just  sent  out 
his  1933-34  product  announcement,  a 
16-pa.ge  book  in  black  and  white.  In 
a  foreword  he  says  several  of  the 
company's  proposed  15  features  have 
been  completed.  It  is  also  stated  that 
the  company  has  acquired  the  Alex- 
ander Bros.  Studio  in  Hollywood. 
A\  Alt  is  vice-president  in  charge  of 
production,  with  Sam  Katzman  as 
production    manager. 

The  titles  listed  are :  "His  Private 
Secretary,"  "Police  Call,"  "Public 
Stenographer,"  "Ship  of  Wanted 
Men,"  "Golden  Head,"  "St.  Louis 
Woman,"  "The  Big  Race,"  "The 
Moth,"  "Within  the  Rock,"  "Unlim- 
ited," "Souls  in  Pawn"  and  "Special 
Duty," 


"Angel"  Set  for  2  Weeks 

"I'm  No  Angel"  opening  day  and 
date  at  the  New  York  and  Brooklyn 
Paramounts  today  is  set  for  a  two 
weeks'  run  in  both  houses. 


''A  WOM 


fine' 


pet*** 
to\«- 


Wl  DO  con  PAUT      IPICTUIIES 


If 


^  k^  I  P      I  T  I     Groucho  Marx,  as  Rufus  T.  Firefly,  Dictator  of  Fredonia,  takes  a 
few  steps  in  the  right  direction  in  PARAMOUNrS"DUCK  SOUP" 


The  Leading 

Daily 

Newspaper 

of  tlie' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Indiistry 
in  All 
Branches 


VOL.  34.  NO.  89 


NEW  YORK,  SATURDAY,  OCTOBER  14,  1933 


TEN  CENTS 


Publix  Houses 

Go  to  Trendle 

As  a  Manager 

Detroit   Deal   Is   for   10 
Months;  Ends  Row 


Settlement  of  the  rivalry  between 
John  Balaban  of  Chicago  and  George 
W.  Trendle  of  Detroit  over  the  ac- 
quisition of  the  Publix  Detroit  the- 
atres which  has  been  waged  since 
early  last  summer  and  at  one  time 
threatened  to  align  an  imposing  group 
of  Publix  operating  partners  against 
S.  A.  Lynch,  theatre  reorganization 
head  for  Paramount,  was  virtually 
realized  yesterday  when  Paramount 
withdrew  the  Detroit  properties  from 
the  market  and  placed  Trendle  in 
charge  of  them  in  a  management  ca- 
pacity. 

Trendle  will  operate  the  theatres 
on  a  salary  basis  and  will  also  share 
in  a  percentage  of  profits,  if  any.  De- 
tails of  the  salary  and  percentage  ar- 
rangement, which  were  approved  yes- 
terday by  Henry  K.  Davis,  referee  in 

{Continued  on  page  2) 


Appeal  Is  Allowed 
On  Para.  Trustees 

Samuel  Zirn,  attorney  for  a  Para- 
mount Publix  bondholders'  committee, 
was  granted  leave  by  the  U.  S.  Circuit 
Court  of  Appeals  yesterday  to  appeal 
a  motion  to  remove  Charles  D.  Hilles, 
Eugene  W.  Leake  and  Charles  E. 
Richardson,  the  Paramount  trustees  in 
bankruptcy. 

Zirn's  petition  for  leave  to  appeal  a 
motion  for  the  removal  of  Henry  K. 
Davis  as  referee  in  bankruptcy  for 
Paramount  on  the  grounds  of  bias  was 
denied  by  the  appeals  court.  Zirn  was 
given  until  Nov.  6  to  have  the  records 
of  the  case  printed,  on  which  date  the 
(Continued  on  page  2) 


Board  May  Take  On 
Franklin's  Duties 

With  Harold  B.  Franklin's  resigna- 
tion as  head  of  RKO  theatres  becom- 
ing effective  tomorrow  and  the  post 
still  unfilled  by  M.  H.  Aylesworth, 
RKO  president,  up  to  a  late  hour  last 
night,  the  Broadway  impression  grew 
that  Nate  Blumberg,  Orpheum  execu- 
tive, or  Charles  D.  Koerner,  RKO 
district  manager,  might  be  moved  up 
with  others  to  form  a  theatre  oper- 
ating board  supervised  by  J.  R.  Mc- 
Donough,   Aylesworth's   assistant. 


Propose  Penalties  As 
Way  to  Check  Salaries 


Academy  Hits 
Strike  Talk 
As  "Extreme" 


Hollywood,  Oct.  13. — Strike  talk 
by  extremists  will  do  "immeasurable" 
harm  to  talent  as  a  result  of  govern- 
ment disapproval  and  adverse  pub- 
licity, states  the  Academy  of  M.  P. 
Arts  and  Sciences. 

The  statement  deplores  the  tendericy 
of  individual  branches  "to  break  up 
into  small  groups  and  attempt  to 
gain  our  ends  by  strikes  and  similar 
tactics." 

"These  are  extreme  measures,"  the 
Academy  statement  continues,  "which 
must  face  governmental  disapproval 
and  extremely  adverse  publicity.  If 
such  strikes  should  be  lost,  the  set- 
back to  creative  artists  will  be  im- 
measurable. 

"The  Academy  believes  moral  force 
is  the  only  force  which  can  be  used 
effectively  in  an  industry  composed 
of  artists  and  intense  individualists. 
The    strength    of    any    actors'    strike 

(.Continued  on   pacie   4) 


Academy  Will  Push 
Battle  on  Article  10 

Washington,  Oct.  13. — The  Acad- 
emy of  M.  P.  Arts  and  Sciences  has 
no  intention  of  letting  up  on  its  fight 
on  former  Article  10.  Lester  Cowan 
proposes  leaving  for  the  coast  Satur- 
day, but  before  pulling  up  Washington 
stakes  says  he  will  file  a  brief  of  pro- 
test with  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt.  He  reiterated  to- 
night that  the  only  fair  way  in  which 

(Continued  on   fiane   4) 


Allied  Move  Flop 

Washington,  Oct.  13.— On 
the  basis  of  an  early  analysis 
of  wires  urged  by  Allied  on 
its  members  in  protest 
against  the  NRA  code,  the 
campaign  is  a  complete  fail- 
ure. Thursday's  telegrams 
totaled  423,  and  Friday's  465, 
as  against  100,000  cited  by 
Sidney  Samuelson  of  New 
Jersey  Allied  as  necessary  to 
have  in  the  White  House  by 
Wednesday  of  this  week. 


Labor  Victor, 
Aug.  23  Stays 
As  Wage  Date 


Washington,  Oct.  13. — A  complete 
victory  for  operators  developed  today 
when  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  informed  M.P.T. 
O.A.  delegates  that  the  Aug.  23  date 
which  sets  the  prevailing  wage  scale, 
is  final. 

Exhibitors,  whether  affiliated  or  in- 
dependent, had  fought  for  July  1,  when 
the  summer  cuts  went  into  effect  in 
many  situations  throughout  the  land. 
The  M.P.T.O.A.,  therefore,  today  said 
it  found  itself  confronted  with  one  of 
two  alternatives,  either  to  go  back  and 
reopen  all  labor  negotiations  or  to 
accede.  Acting  as  spokesman  for  this 
group,  Fred  Meyer  of  Milwaukee  de- 
clared the  latter  course  appeared  wiser 
and  gave  three  reasons. 

"First,  the  I.A.T.S.E.  had  with- 
drawn its  demands  for  one  man  for 
(Continued  on  page  4) 


Capital's    Attitude    May 

Be  Responsible — Code 

Moving  Along 


By  RED  KANN 

Washington,  Oct.  13. — Cash  pen- 
alties up  to  $10,000  for  those  found 
guilty  of  encouraging  excessive  sal- 
aries constitute  today's  major  devel- 
opment in  code  formulation  on  the 
much-scarred  Washington  battle- 
front. 

Its  text  made  public,  accompanied 
by  complete  silence,  except  the  one 
supplementary  remark  that  anything 
included  in  what  was  once  Article  10 
would  apply  to  executives  as  well  as 
talent.  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  preferred  to  have 
the  addition  to  that  article  speak  for 
itself. 

Here  is  the  text : 

"To  avoid  paymfent  of  sums 
unreasonably  in  excess  of  the 
fair  value  of  personal  services 
which  results  in  unfair  and  de- 
structive competition,  the  code 
authority  shall  have  the  povrer, 
with  the  approval  of  the  Admin- 
istrator, to  investigate  in  any 
case  w^hether  any  employer  in 
the  motion  picture  industry  has 
agreed  to  pay  an  unreasonably 
excessive  inducement  to  any 
(Continued  on  page   3) 


Johnson  Declares  Many 
Salaries  Are  "Grotesque^ 


Cleveland  Pact  to 
Stand — Rosenblatt 

Washington,  Oct.  13.— M.  B.  Hor- 
witz,  Cleveland  exhibitor,  declares  he 
was  informed  today  by  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  that 
the  contract  with  operators  signed  by 
independent  Cleveland  exhibitors  and 
effective  as  of  Sept.  1  would  stand,  and 
that  the  Aug.  23  prevailing  date  for 
operators'  wage  scales,  as  provided  in 
the  code,  would  have  no  effect  on  the 
compact  signed  by  the  Cleveland  ex- 
hibitors. 


Washington,  Oct.  13.  —  Declaring 
many  salaries  in  the  industry  are  "gro- 
tesque" and  tipped  to  figures  where 
stockholders  and  the  public  which  buys 
tickets  at  the  box  office  are  not  con- 
sidered. Administrator  Hugh  S.  John- 
son today  declared  it  was  his  opinion 
that  such  salaries  are  "an  abuse  in  the 
industry  that  should  be  considered  in 


the  code,"  although  he  admitted  he 
doesn't  know  what  to  do  about  them. 
Whether  his  inability  to  find  a 
method  is  something  he  has  been  un- 
able to  work  out  to  date,  or  whether 
the  text  of  the  National  Industry  Re- 
covery Act  calls  a  halt  on  such  an 
idea,  he  did  not  say,  except  that  in 
(Continued  on  page  4) 


No  Further  Salary 
Talk  by  Executive 

Washington,  Oct.  13.— The  White 
House  statement  on  the  proposed  in- 
vestigation of  industry  salaries  will 
not  be  amplified  beyond  what  has  al- 
ready been  said,  it  became  clear  today 

(Continued  on   page   3) 


MOTION   PICTURE 

DAILY 


Safurday,  October    14,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Revitw 

an<i    Motion    pictures    Today 


\ol.    .!4 


October    14.    1933 


No.   89 


Martin   Quiglky 

Editor-in-Chief  and  Publiihtr 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•^\  PUBLISHED  daily,  except  Sunday 
/  jjLj  and  holidays,  by  Motion  Picture 
^«l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway.  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Uuigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Nlanager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  aa  Kcond  class  mat- 
ter   January    4,     1926,    at    the     M  ■»  ▲ 
Post   Office  at  New   York  City,    vl^  i*^. 
N.   Y..  under  Act  of   March  3. 
1879. 

Subscriptioo   rates    per   year: 
$6     in     the     Americas,     except 
Canada:     Canada    and    foreign     •■••omimt 
$1S.      Single   copies:    10   cents. 

Arliss  Says  Actors' 
Pay  Not  Big  Enough 

George  Arliss  thinks  actors'  salaries 
are  not  high  enough.  He  expressed 
this  view  at  a  press  luncheon  yester- 
day when  somebody  asked  him  his 
ideas  about  the  suggestion  from 
Washington  that  the  government 
should  investigate  the  problem. 

The  only  way  the  government  could 
regulate  actors'  pay,  he  said,  would 
be  to  end  competition  between  com- 
panies. 

Arliss  will  leave  for  the  coast  next 
week  to  start  "The  House  of  Roths- 
child," his  first  under  his  new  20th 
Century  contract. 


Animators  in  Guild 

Hollywood,  Oct.  13. — Animators, 
assistant  animators  and  others  em- 
ployed in  the  production  of  cartoons 
have  formed  Animating  Artists'  Guild. 
Myron  Natwick  is  president ;  Earl 
Hurd,  fiirst  vice-president ;  Ben  Clop- 
ton,  second  vice-president  and  secre- 
tary-treasurer. Thomas  H.  Walsh. 
James  Calhane,  Tex  Avery,  C.  I.  Ellis 
are  on  the  executive  board. 


Mayor  Orders  Clean  Up 

As  a  result  of  the  excitement  created 
by  Sally  Rand's  fan  dance  at  the  Para- 
mount, License  Commissioner  Sidney 
S.  Levine  has  ordered,  at  the  request 
of  Mayor  O'Brien,  a  clean-up  of  all 
places  where  "shameless  and  vulgar" 
displays  are  made. 


/.  V.  Allan  Weds  Today 

James  V.  Allan,  assistant  to  Grad- 
well  Sears  at  the  Warner  home  office, 
will  be  married  in  New  York  today 
to  Gertrude  K.  Allgier  of  Cleveland. 
The  couple  will  make  their  home  here. 


Educational  Signs  Wells 

William  (Billy)  K.  Wells  has  been 
engaged  to  supply  comedy  material 
for  a  number  of  the  pictures  Educa- 
tional is  making  at  the  Eastern  Ser- 
vice Studios  in  Astoria. 


Publix  Houses 
Go  to  Trendle 
As  a  Manager 


(Continued    from    pane    1) 

bankruptcy  for  Paramount  Publix, 
were  not  made  known.  The  deal  is 
effective  for  10  months  only,  at  the 
end  of  which  time  the  Paramount 
trustees,  Charles  D.  Hilles,  Eugene 
W.  Leake  and  Charles  E.  Richardson, 
may  either  enter  into  a  new  manage- 
ment deal  or  again  obtain  the  court's 
permission  to  dispose  of  the  theatres 
outright. 

Balaban,  early  last  summer,  made 
an  offer  for  the  Detroit  houses  which 
involved  his  advancing  $200,000 
against  operating  expenses.  This  was 
later  changed  to  provide  for  an  is- 
sue of  $1,500,000  income  bonds,  which 
was  matched  by  Trendle.  Balaban 
contended  that  he  had  been  given  rea- 
.son  to  believe  his  offer  would  be  ac- 
cepted prior  to  Lynch's  entrance  into 
the  company  and  such  Publix  part- 
ners as  E.  V.  Richards  of  Saenger 
Theatres,  Robert  Wilby,  H.  F.  Kin- 
cey,  R.  J.  O'Donnell,  Karl  Hoblit- 
zelle  and  the  late  Eugene  W.  Paschall 
congregated  in  New  York  and  ex- 
tended influence  in  Balaban's  behalf. 
They  felt,  it  was  said,  that  Balaban 
deserved  a  chance  at  the  theatres  be- 
cause of  his  record  as  head  of  Pub- 
lix-B.  &  K.,  Publix  Michigan,  and 
in  the  home  office. 

Lynch  Blocked  Deal 

Lynch,  however,  maintained  that 
he  would  make  only  what  he  consid- 
ered to  be  the  best  deal  for  Para- 
mount. Both  offers  stood  and  the 
matter  dragged  out  until  yesterday, 
when  the  Paramount  trustees  were  au- 
thorized to  withdraw  their  petition 
for  permission  to  dispose  of  the 
houses  on  the  recommendation  that 
"no  sale  would  be  advisable  at  this 
time,"  in  lieu  of  which  the  trustees 
sought  and  were  authorized  to  retain 
Trendle  in  a  management  capacity. 

Neither  Trendle  nor  Balaban  ap- 
neared  at  yesterday's  hearing  before 
Referee  Davis,  but  attorneys  for  both 
were  present  and  stated  that  the  of- 
fers for  outright  purchase  of  the 
houses  would  be  permitted  to  stand 
for  another   six  months,   in  the   event 


the  Paramount  trustees  again  decide 
to    dispose    of    the    houses. 

The  Detroit  theatres  involved  in  the 
deal  include  the  Michigan,  Birrning- 
ham.  United  Artists,  Riviera,  Annex, 
I^aniona,  State  and  Fisher.  They 
were  originally  acquired  by  Para- 
mount from  Trendle  and  John  Kun- 
sky  in  1929  for  65,000  shares  of  Par- 
amount stock  at  a  guaranteed  repur- 
chase price  of  $75  per  share.  In  ac- 
cordance with  this  guarantee.  Para- 
mount bought  up  the  stock  in  Sep- 
tember, 1931,  -for  $4,875,000,  when  the 
stock  was  selling  for  $21  per  share. 
Attorneys  for  the  Paramount  trustees 
revealed  this  week  that  they  were  in- 
vestigating all  such  stock  repurchase 
deals  with  a  view  to  attacking  their 
validity.  The  deal  also  prohibited 
either  Trendle  or  Kunsky  from  re- 
engaging in  theatre  business  in  the 
Detroit  area  for  50  years,  except  with 
Paramount's  approval. 

Referee  Davis  also  authorized  the 
Paramount  trustees  yesterday  to  pay 
taxes  and  interest  due  on  the  Long 
Island  studio  properties,  amounting  to 
$62,000,  which  have  been  in  default 
since  Feb.  1  last,  on  condition  that  an 
agreement  under  which  foreclosure 
proceedings  will  be  withdrawn  can  be 
arranged. 

There  is  an  unpaid  mortgage  of 
$923,000  against  the  properties,  of 
which  installments  of  $60,000  are  due 
and  unpaid.  Carrying  charges  of 
the  properties,  it  was  said,  approxi- 
mate $93,000  annually.  The  compro- 
mise settlement  is  to  be  arranged  in 
the  near  future  between  the  Para- 
mount trustees  and  the  mortgagee. 


Appeal  Is  Allowed 
On  Para.  Trustees 

(Coiifiiiucd    from    pane    1) 

appeals  court  will  hear  and  review 
his  arguments  for  the  removal  of  the 
trustees. 

The  bondholders'  attorney  is  ap- 
oealing  from  a  ruling  of  Federal  Judge 
Francis  G.  Coleman  handed  down  in 
U.  S.  District  Court  here  on  June  14 
denying  his  motion  for  the  removal  of 
the  trustees.  At  that  time  Zirn 
charged  that  Hilles  and  Leake  were 
disqualified  for  the  trustees'  posts  be- 
cause of  former  affiliations  with  what 
Zirn  charges  are  creditor  banks 
of  Paramount's.  Richardson,  Zirn 
charged,  was  disqualified  because  of 
his  former  association  with  Fox. 


Report  Shows 
Para.  Claims 
$246,000,000 


Total  claims  filed  against  Para- 
mount Publix  by  creditors  aggregate 
approximately  $246,000,000,  of  which 
about  $178,000,000  is  said  to  be  in 
"discredited  future  rent  claims,"  and 
many  additional  millions  represent 
claims  which  were  filed  in  duplicate, 
according  to  H.  J.  Friendly,  of 
counsel   for  the   Paramount  trustees. 

The  period  for  filing  of  creditors' 
clamis  expired  Sept.  14  and  the  tabu- 
lation of  all  claims  legally  entered 
during  the  six  months'  period  endmg 
on  that  date  was  completed  yesterday. 
The  claims  office  maintained  by  Para- 
mount at  140  Nassau  St.  was  closed. 

The  Paramount  trustees,  Charles  D. 
Hilles.  Eugene  W.  Leake  and  Charles 
E.  Richardson,  will  contest  all  but 
about  $30,000,000  of  the  creditors' 
claims  filed,  it  was  said.  In  the  un- 
contested group  will  be  the  various 
bond  issues  and  the  approved  claims 
of  general  creditors  for  merchandise, 
services    and   the   like. 

It  was  stated  that  of  the  $246,000,000 
claim  total,  approximately  $71,000,000 
represents  claims  which  were  filed 
in  duplicate.  Among  these,  it  is  said, 
are  large  portions  of  the  various  Para- 
mount Broadway  bond  issues  which 
were  filed  both  by  individual  bond- 
holders^  and  by  the  various  bond- 
holders' protective  committees  with 
which  the  bonds  were  registered. 
Among  other  large  claims  said  to 
have  been  filed  in  duplicate  was  that 
of  Allied  Owners  Corp.,  a  theatre 
building  and  leasing  organization,  for 
approximately  $6,000,000.  , 


Eastman  Off  Two  and  a  Half 

Net 

High      Low      Close      Change  Sales 

Columbia    Pictures,    vtc 24            2M        2.V/J        ~%  200 

Consolidated    Film    Industries .^S          3^          iVi        +  'A  100 

Consolidated    Film    Industries,    pfd 1^1^          9%          97^        —  V2  SW 

F.astman     Kodak     77'4        75Vi        76           — 2i/<  500 

Eastman     Kodak,     pfd 12^'^      USVf.      125^        —V/f  8,000 

Fox    Film    "A" 16            15M        15?4        —1  500 

Loew's,     Inc 32            31            31            —1  1.800 

Paramount    Publix     I"!          V/,          154         1.300 

Pathe    Exchange     V/4.          VA          VA        —  Vn  900 

I'atlie    Exchange    "A" 9             8            8—54  1.10't 

RKO     27/«          2^          2V4.        —Vf,  400 

Warner    Bros 734         754         7!4        —A  2,600 

Columbia  Rises  One  Point 

Net 

High      Ijow      Close      Change  Sales 

Columbia     Pictures      24            24            24            +1  100 

Technicolor     1234        10^        10'/4       —254  3,800 

Paramount  Publix  Off  One 

Net 

High      Low      Close     Change  Sales 

General    Theatre   Equipment   6s   '40,   ctf 4!4          454          454        —'A  3 

Keith    B.   F.    6s   '46 4554        45?4       4554        +  V»  1 

loew's   6s   '41,   w.v   deb   rights SSA        8554        8554^    -f-  54  1 

Paramount    Broadwav    554s   '51 3154        3154        3154     5 

Paramount    T-.     T.     f-    '47 32            32           32            +  7A  2 

Paramount     Publix    S54s     '50 3254        32           32           —1  3 

Warner    Bros.    6s    '39.    wd 47            4654        4654        —54  17 


Gering  to  Direct  Sidney 

Hollywood,  Oct.  13.— Marion  Ger- 
ing has  been  assigned  to  direct  Syl- 
via Sidney's  second  picture  following 
her  return  from  Europe,  "Good 
Dame." 


Rogers  to  Make  12 

Hollywood,  Oct.  13.— Charles  R. 
Rogers  will  make  12  instead  of  eight 
as  an  independent  producer  for  Para- 
mount this  season. 


CLASSIFIED 
DIRECTORY 

WHERE    TO  GET 
WHAT    YOU    WANT 


EQUIPMENT 


S.    O.    S.    CORPORA'nON 

Used  Equipment  Bought  and  Sold 

Largest  Clearing  House  In   Show  Business 

1600  Broadway         CH.    4-1717         New  York  CltT 


PROJECTION  ROOMS 


AUDIO  PUBLIX  PRCTECnON  ROOM.  INC. 
Efficient    Serrlce   with    RCA    Sound — Lowest    Rates 
Room    714,    630     -    9th    Ave..    CHIckerlng    4-641S 


SOUND  STUDIOS 


SEIDEN    SOUND   STUDIO 

Let     us     flsiire     your     sound     test     mots 

and     synchronization     work.     Prices  right. 

33  W.  60th  St.         BRy.  9-3951-3949  N.  T.  C. 


Saturday,   Octobsr    14,    1933 


MOTION  PICTURE 

DAILY 


Penalties  to  Check  Salaries 


White  House 
Attitude  May 
Be  Reason 


(Conti>iucd  from   pane    1) 
person  to  enter  into  the  employ 
of  such  employer. 

"If  the  code  authority  finds 
that  such  employer  has  done  so, 
the  code  authority  shall  have 
the  power,  with  the  approval  of 
the  Administrator,  to  impose  an 
assessment  against  such  employ- 
er in  the  amount  of  the  unrea- 
sonable excess  payment  to  such 
person,  not,  however,  to  exceed 
the  sum  of  ten  thousand  dollars 
($10,000.00)  and  to  make  public 
its  findings,  but  nothing  in  this 
part  shall  in  any  manner  impair 
the  validity  or  enforceability  of 
such  agreement  of  employment. 
All  such  assessments  shall  be 
paid  to  the  code  authority  for 
use  by  it  in  the  administration 
of  its  functions." 

The  new  clause  seemingly  is  de- 
signed to  hand  out  object  lessons  to 
offenders  through  a  system  of  penal- 
ties. Significant  to  note  is  the  phrase 
which  makes  it  clear  that  nothing 
"shall  in  any  manner  impair  the 
validity  or  the  enforceability  of  such 
agreement  of  employment."  The  de- 
duction thus  becomes  obvious  that 
while  a  producer  or  an  employer  may 
be  chastised  for  countenancing  ex- 
cessive salaries,  his  reward  is  to  be 
a  fine  while  the  salary  which  may  oc- 
casion it  will  continue  under  the  terms 
of  the  contract  that  legalizes  it. 

Purpose  Behind  Revision 

Apparently  the  tenor  of  the  clause 
was  fashioned  to  keep  in  mind  Sec- 
tion 7,  Article  C,  of  the  National  In- 
distrial  Recovery  Act,  in  which  it  is 
made  clear  in  simple  language  that 
maximum  salaries  cannot  be  fixed 
under  the  scope  of  the  act. 

At  the  same  time  it  is  understood 
that  the  purpose  behind  the  revision 
in  former  Article  10  is  the  attitude 
expressed  by  the  White  House  on  sky 
high  salaries.  There  has  been  some 
speculation  as  to  what  would  be  done 
in  the  code  in  the  face  of  the  state- 
ment issued  from  the  White  House 
on  Wednesday.  It  appeared  to  some 
observers  that  the  industry  could  not 
consistently  fail  to  take  cognizance 
of  the  President's  attitude  and  that 
a  clause  meeting  his  viewpoint  in 
part  must  of  necessity  be  included  in 
the  code. 

Washington  was  devoid  of  all  codi- 
fiers  except  a  handful  tonight.  The 
M.  P.  T.  O.  A.,  by  statement  of 
Rosenblatt,  is  now  satisfied  with  the 
code.  The  deputy  did  not  say  how 
well  satisfied,  but  the  M.  P.  T.  O.  A. 
aggregation  is  largely  of  a  frame  of 
mind  which  recognizes  that  it  will 
have  to  take  in  good  grace  what  it 
has  been  able  to  get. 

Fixing  of  Aug.  23  as  the  prevailing 
date  for  operators'  wages,  which  Ro- 
senblatt finally  ruled  today,  means  that 
exhibitors  have  lost  one  of  their 
major   battles.      How    the    M.    P.    T. 


O.  A.  feels  about  the  situation  as  of 
tonight  is  outlined  in  detail  elsewhere 
in   this   edition. 

Labor  Set  Straight 

Studio  labor,  which  ran  into  a  sud- 
den snag  on  overtime  provisions,  was 
straightened  out  today  at  the  conclu- 
sion of  an  eight-hour  session  in  Ro- 
senblatt's office.  It  was  agreed  that 
where  union  help  works  over  54  hours 
a  week  during  the  life  of  a  produc- 
tion, it  is  to  be  paid  at  the  rate  of 
a  day's  pay  for  every  six  hours  above 
the  54-hour  limit  after  the  picture 
is  finished.  Pat  Casey,  his  job  fin- 
ished here,  left  for  New  York  tonight. 

Analysis  of  the  insurgent  group, 
first  promised  for  Wednesday  and 
then  for  today,  failed  to  meet  its  own 
deadline.  Abram  F.  Myers  expects 
to  deliver  it  to  Rosenblatt  on  Sat- 
urday. The  deputy  expressed  him- 
self willing  to  consider  it,  if  the  text 
arrives  before  the  code  is  ready  to 
go  to  Administrator  Hugh  S.  John- 
son. A  third  revision  is  in  the  im- 
mediate offing  and  may  be  ready  by 
Monday.  Accompanying  this  will  be 
Rosenblatt's  analysis  of  the  draft  and 
what  it  proposes  to  set  forth  for  the 
industry.  This  will  be  the  third  and 
undoubtedly  the  final  code. 

Home  Stretch  in  View 

Indications  that  the  final  lap  is  in 
sight  insofar  as  the  NRA  is  concerned 
is  borne  out  by  a  session  between  the 
deputy  and  legal  lights  of  the  Re- 
covery Administration  which  termi- 
nated at  1:15  Friday  morning.  Pres- 
ent were  attorneys  for  the  Hays  or- 
ganization. 

Even  as  matters  stood  tonight  the 
end  of  the  road  was  not  yet  in  sight 
on  former  Article  10,  acceptable  as 
it  may  be  to  most  of  the  majors,  in- 
cluding Paramount,  Warners,  Fox, 
M-G-M  and  RKO.  It  is  not  insofar 
as  Universal,  Columbia  and  United 
Artists  are  concerned.  As  a  matter 
of  fact  Rosenblatt  admitted  this 
afternoon  that  the  article  is  being  fur- 
ther revised,  although  he  declared  he 
anticipated  no  further  drastic  changes. 

A  report  in  circulation  today  that 
the  Consumers'  Advisory  Board  of 
the  NRA  had  suggested  modifica- 
tions in  master  agreements  between 
major  circuits  and  major  distributors 
on  film  service  was  something  Rosen- 
blatt  said  he   had   not  heard  about. 


Connecticut  MPTO 
Sends  Code  Protest 

Hartford,  Oct.  13. — Protests  against 
the  present  setup  for  grievance  boards 
in  the  revised  NRA  code  have  been 
sent  to  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  by  the  M.P.T.O.  of 
Connecticut,  and  a  request  has  been 
made  for  a  hearing. 

In  a  wire  the  M.P.T.O.  group  says 
grievance  boards  as  at  present  consti- 
tuted seem  to  favor  affiliated  theatres 
and  producers. 


Cole  on  NRA  Work 

Kansas  City,  Oct.  13. — Arthur 
Cole,  office  manager  at  the  Paramount 
exchange  here,  and  secretary  of  the 
local  Film  Board,  has  been  named  a 
member  of  the  NRA  organization 
staging  the  local  12-week  Buy  Now 
campaign.  Cooperation  of  exhibitors 
is  to  be  obtained  in  running  trailers. 


Nizer  Estimates 

Washington,  Oct.  13.— The 
code's  10  per  cent  picture 
cancellation  clause  will  cost 
distributors  $20,000,000  an- 
nually, Louis  Nizer,  New 
York  Film  Board  secretary, 
told  M.P.T.O.A.  delegates  dur- 
ing a  conference  late  Thurs- 
day night  on  phraseology 
changes  in  the  trade  practice 
section  of  the  code.  Some 
eyebrows  were  raised  at  this 
estimate. 


Sales  executives  of  major 
companies  in  New  York  told 
Motion  Picture  Daily  early 
this  week  the  cancellation 
clause  would  cost  them  $6,- 
000,000,  if  all  exhibitors  elig- 
ible canceled  the  maximum 
number  of  pictures  permitted 
by  the  provisions. 


No  Further  Salary 
Talk  by  Executive 

{Continued   irotn    pane    1) 

at  the  regular  press  conference  with 
President  Roosevelt. 

Asked  to  clarify  his  reference  to 
"immature  players"  in  view  of  the 
various  interpretations  of  the  term 
which  have  been  made  subsequently 
by  many  newspapers,  the  President 
indicated  his  disapproval  over  the  fact 
that  some  dispatches  had  quoted  the 
word  "immature,"  adding  that  he  had 
been  surprised  to  learn  that  some 
newspapers  had  singled  out  Jackie 
Coogan  as  a  representative  of  the 
type  of  player  the  Chief  Executive 
had  had  in  mind. 

"Did  you  refer  to  physical  or  men- 
tal age?"  the  President  was  asked  by 
Warren  Francis,  Los  Angeles  Times 
correspondent. 

The  President  apparently  found  the 
question  amusing,  for  he  laughed. 


Allied  of  Milwaukee 
Wires  Code  Protest 

Milwaukee,  Oct.  13. — Opposition 
to  the  code  has  been  wired  President 
Roosevelt  by  F.  J.  McWilliams,  presi- 
dent of  the  Allied  Independent  Thea- 
tre Owners  of  Wisconsin,  following  a 
meeting  here. 

The  message  protests  the  code 
"fails  to  correct  monopolistic  and  un- 
fair practices  and  the  present  oppres- 
sion of  small  theatres,  and  tends  to 
promote  such  practices."  The  wire 
urges  the  president  to  withhold  his 
signature  until  an  analysis  of  the  code 
can  be  made. 

One  of  the  features  of  the  proposed 
code  particularly  objected  to  by  the 
Wisconsin  Allied  unit  is  block  buying. 


Wallace  Beery  Leaves 

Wallace  Beery  spent  one  night  in 
town  at  the  Warwick  and  took  off  by 
plane  yesterday  for  the  coast.  He  ar- 
rived Thursday  on  the  Rex.  As  soon 
as  he  reaches  the  coast  he  will  fly  his 
own  plane  to  Mexico  City  to  start 
work  in  "Viva  Villa." 


Detroit  Group 
Lining  Up  for 
An  MPTO  Unit 


Washington,  Oct.  13.— Declaring 
they  are  determined  to  challenge  the 
supremacy  of  Allied  in  Detroit,  ex- 
hibitors from  that  city  who  are  here 
seeking  relief  from  alleged  iniquities 
of  Mid-States  Theatres,  buying  com- 
bine in  which  H.  M.  Richey  and  J. 
C.  Ritter  of  Allied  are  charged  with 
being  officers,  are  making  arrange- 
ments to  form  the  M.P.T.O.  of  De- 
troit and  to  affiliate  with  the  national 
M.P.T.O.A. 

Rosen  Has  Power  to  Act 

Adrien  Rosen,  Detroit  attorney, 
stated  today  he  has  authority  to  act 
for  80  Detroit  houses,  "most  of  them 
new  members  of  Allied."  Plans  .to 
definitely  crystallize  the  new  ex- 
hibitor unit  which,  if  it  develops,  ^yill 
be  the  first  competition  Allied  of 
Michigan  has  had  to  face  will  take 
shape  at  a  meeting  called  for  that 
city  on  Oct.   17. 

Rosen,  like  Sol  Marks  of  May, 
Rosen  and  Ratner,  who  is  also  here, 
is  identified  with  counsel  combating 
Mid-States  buying  activities  through 
suits  filed  to  restrain  them.  He  states 
that,  aside  from  the  Mayfair,  Iris  and 
Kramer,  there  are  approximately  17 
other  Detroit  houses  which  are  suffer- 
ing through  inability  to  buy  product, 
since  they  are  not  members  of  Mid- 
States.  These  houses,  he  asserts,  in- 
clude the  Royal  Oak,  Redford,  Oriole, 
Virginia  Park,  Pasadena,  Colony, 
Globe  and  New  Plaza  representing  a 
total  investment  of  "over  $1,000,000." 

Fail  to  Get  Anywhere 

A  three-hour  meeting  with  Richey 
on  Wednesday  night  at  which  efforts 
were  made  to  reach  an  amicable  settle- 
ment of  the  situation  failed  to  get 
anywhere,  according  to  Roseii. 

In  the  meantime,  relief  sought  by 
Ed  Kuykendall,  president  of  the 
M.P.T.O.A.  for  the  Iris  and  Kramer, 
is  declared  to  be  on  the  way.  It  was 
stated  today  that  "three  major  ex- 
changes" had  promised  to  service  these 
houses,  but  who  they  are  was  some- 
thing neither  Rosen  nor  Ruttenberg 
wanted  to  discuss. 


Stars  on  Radio  for  NRA 

Three  noted  film  stars  and  a  radio 
headliner  have  offered  their  services 
in  a  series  of  radio  talks  to  help  push 
the  "Buy  Now"  drive  of  the  NRA. 
The  first  to  go  on  the  air  was  Ma- 
rie Dressier,  who  was  heard  from 
New  York  last  night  over  the  NBC 
network.  Also  this  evening  Mary 
Pickford  will  speak  in  behalf  of  the 
NRA  from  the  coast,  with  a  second 
radio  appearance  scheduled  for  the 
following  Saturday.  Charles  Chaplin 
will  speak  from  Hollywood  on  Oct. 
23.  Kate  Smith  is  listed  for  a  talk 
on  Oct.  19. 


MOTION  PICTURE 

DAILY 


Saturday,  October   14,    1933 


{Continued  from   page   1) 

referring  to  the  act  Johnson  said: 
"There  is  nothing  in  it  that  shall  be 
administered  so  as  to  create  a  maxi- 
mum as  well  as  a  minimum  wage." 
The  law  itself  covers  this  point  in 
Section  7,  Article  C,  which  reads  in 
part: 

"The  President  may  differentiate 
according  to  experience  and  skill  of 
the  employes  affected  and  according 
to  the  locality  of  employment;  but  no 
attempt  shall  be  made  to  introduce 
any  classification  according  to  the 
nature  of  the  work  involved  which 
might  tend  to  set  a  maximum  as  well 
as  a  minimum  wage." 

Johnson's    view    of    the    film    code 
came  as  a  result  not  of  a  statement, 
but    in    answer    to    questions    at    the 
regular   Friday  press  conference. 
Replies  to  Questions 

Queries  shot  at  him  from  various 
newspaper  men  brought  to  light  part 
of  the  discussions  held  with  industry 
leaders  last  Saturday  in  the  Depart- 
ment of  Commerce  Building. 

The  official  stenographic  transcript 
of  those  portions  of  the  interview  per- 
taining to  the  film  code  follows : 

Q.  Deputy  Rosenblatt  said  that  probably 
the  reason  the  President  issued  his  order 
to  investigate  movie  salaries  and  excessive 
payrolls  was  because  he  had  been  shown 
a  list  of  466  individuals  who  drew  51 
per  cent  of  the  producers'  payroll.  What 
check-up  will  you  make  in  that  investi- 
gation ?  ,     ,      , 

A.  I  think  Rosenblatt  has  asked  these 
people  for  data,  of  course  they  are  not 
going  to  reveal  to  the  public  their  salary 
lists;  they  are  not  going  to  reveal  them 
to  each  other.  It  will  be  under  an  agree- 
ment that  will  be  revealed  to  the  Presi- 
dent, or  me,  for  his  information,  but  they 
will  not  be  revealed  to  the  public  or  to 
each  other.  That  is  a  very  important 
point. 

Later  in  the  questioning  relative  to 
pictures  Johnson  was  asked : 

Q.  Returning  to  the  movie  code,  last 
week  you  had  several  conferences  with 
the  producers  over  the  week  end.  Can  you 
give  us  some  idea  what  you  talked  over? 
Was  it  confined  solely  to  salaries  or 
were    other    problems    taken    up? 

Explains  Whole  Controversy 

A.  Well,  there  was  quite  a  general 
discussion,  but  it  was  mostly  on  that.  I 
can  tell  you  what  that  controversy  is,  and 
it    surely   is   a   pippin.      Maybe   you   know. 

Q.    No. 

A.  What  they  claim  is  that  as  soon 
as  one  of  these  companies  picks  somebody 
up  and  makes  a  contract  with  him  and 
uses  a  lot  of  publicity,  etc.,  in  distribu- 
tion, and  builds  that  person  up  until 
his  box-office  drawing  capacity  is  a  fabu- 
lous thing,  then  one  of  two  things  hap- 
pens: one,  the  companies  operating  on  a 
shoestring  proceed  to  tend  to  get  that 
person  to  violate  the  contract  in  some 
way  that  cannot  be  reached  through  the 
courts.  And  second,  and  most  important, 
that  after  having  had  that  enormous  in- 
vestment in  such  a  person — I  am  putting 
the  case  as  put  to  me  and  not  expressing 
my  opinion — and  the  contract  draws  to 
a  close,  that  other  producer,  for  the  pur- 
pose of  capitalizing  on  his  investment,  be- 
gins to  run  that  salary  up  until  it  gets 
to  a  point  where  they  cannot  go  any  fur- 
ther,  and    they   just   have   to   give   it   up. 

Q.  That  is  the  entire  ratings  problem; 
that   is   not    phase    of    the    salary    problem? 

A.  That  is  the  one  that  the  producers 
are    interested    in. 

Q.  You  say  they  claim  it.  Two  or 
three    groups  ? 


Johnson  Answers  Salary  Queries 

He  Condemns 
Many  Salaries 
As  ^Grotesque' 


Looking    ^Em    Over 


''Saturday's  Millions* 


(Universal) 

With  the  start  of  the  football  season,  Universal  is  the  first  to  come  through 
with  a  grid  picture,  entertaining  and  unique  in  plot.  Robert  Young,  as  the 
hero,  handles  a  difficult  role  well.  Leila  Hyams,  John  Mack  Brown,  Andy 
Devine,  Mary  Carlisle,  Ernie  Nevers  and  Erny  Pinckert  comprising  the 
support. 

Of  the  opinion  that  his  friends  flock  around  him  because  he  is  the  foot- 
ball hero  of  the  hour,  Young  decides  to  get  as  much  out  of  the  game  as 
possible.  He  takes  to  betting  and  also  breaks  other  rules  which  get  him 
into  trouble.  He  even  goes  as  far  as  to  curtail  relations  with  Miss  Hyams 
for  another  girl,  who  when  she  has  him  stuck  on  her,  tries  to  get  him  to 
lose  the  game. 

Young  refuses  and  in  a  melee  with  Paul  Porcasi  injures  his  right  hand. 
He  goes  into  the  crucial  game  to  win,  but  when  the  deciding  play  comes, 
the  hero  fails  to  come  through.  He  thinks  he's  through,  but,  surprisingly, 
his  team  mates  and  coach  tell  him  it  was  his  best  game.  And  so  does  the 
heroine  and  that  patches  up  another  wound.  Andy  Devine  and  Mary 
Carlisle  furnish  the  comedy  interludes  and  they  drew  plenty  of  laughs  at 
the  Old  Roxy  yesterday.  In  general  the  picture  seemed  to  get  over.  Ed- 
ward   Sutherland  directed. 


A.  Yes,  that  is  right.  I  have  had  this 
thing  presented  to  me  by  all  of  them  and 
I  have  seen  them  split  up  and  each  one 
make  it  diflfercnt.  I  am  not  criticising 
them    because    they    have    a    hard    problem. 

Q.  Did  you  go  into  the  question  of  sal- 
aries   of    directors    as    well    as    actors? 

A.    They    were    discussed,    yes. 

Q.  On  that  point  Rosenblatt  has  said 
in  a  rather  challenging  and  threatening 
manner  that  anything  done  on  stars'  sal- 
aries would  apply  equally  to  executives, 
directors     and     other     employes. 

A.  What  do  you  mean  by  threatening? 
I  do  not  think  he  meant  to  threaten— 
I  am  sure  he  did  not  mean  that;  I  know 
what    he    did    mean. 

Q.  Are  the  producers  fighting  over  this 
question    of    control? 

Calls  Huge  Salaries  "Abuse" 

A.  No,  but  there  is  a  good  deal  of  feel- 
ing in  the  country  and  it  is  strongly  rep- 
resented here  in  correspondence  and  stuff 
like  that.  I  think  all  but  one  of  the  large 
companies  are  in  the  receivers'  hands  and 
tliat  the  stockholders  and  the  public  au- 
diences have  some  rights  in  the  matter 
liecause  it  has  gotten  to  a  point  where 
these    salaries    are    grotesque    and    they    are 

1  abuse,  because  the  money  is  taken  out 
and  given  to  somebody,  whereas  the  pub- 
lic is  not  considered  at  all,  either  as  stock- 
holders or  in  the  price  they  pay  at  the 
hox-office.  It  is  an  abuse  in  the  industry 
that  should  be  considered  in  the  code.  I 
have  not  made  up  my  mind  on  this  at  all, 
and  do  not  put  me  down  as  saying  these 
things,  because  I  do  not  know  what  to 
say    yet. 

Q.  The  producers  counter  by  saying  that 
while  stars  do  get  tremendous  salaries 
some  labor  also  gets  high  salaries  and 
should    also    be    cut. 

A.  Yes.  I  believe  a  union  labor  leader 
from  out  there  whose  salary  is  reported 
to  me  to  be  $800  a  week  was  making  rep- 
resentations    on     this     code. 

Q.  Would  you  take  the  position  that  it 
is    a    high-salary    industry? 

A.  I  have  not  taken  any  position  at  all. 
I  think  this  is  a  most  peculiar  set  of  cir- 
cumstances. 

Q.  Do  you  think  something  will  be 
done    about    scaling    down    salaries? 

A.  I  have  not  been  able  to  see  a  way 
yet  to  scale  them  down.  This  law  says 
there  is  nothing  in  it  that  shall  be  ad- 
ministered so  as  to  create  a  maximum  as 
well    as    a    minimum    wage. 

Later  in  the  discussion  on  pictures 
Johnson  was  asked : 

Q.   When  do  you   expect   the   movie  code? 
A.     I     do    not     know. 


Academy  Hits 
Strike  Talk 
As  "Extreme'' 


Labor  Victor, 
Aug.  23  Stays 
As  Wage  Date 


AMPA  to  Talk  Code 

Discussions  of  the  advertising,  ex- 
ploitation and  publicity  section  of  the 
industry  code  are  slated  to  come  up 
before  the  A.M.P.A.  either  at  next 
Thursday's  or  the  following  meeting, 
according  to  John  C.  Flinn,  presi- 
dent. 


(Continued   from  page  1) 

would  be  diluted  by  the  fact  that  the 
most  important  actors  are  under  long 
term  contracts  and  also  that  more 
than  400  individual  actors  are  signa- 
tories to  the  actor-producer  basic 
agreement  of  1930,  which  prohibits 
them  from  striking.  This  agreement 
has  17  more  months  to  go." 

Still   Sticks  to  Guns 

The  Academy  continues  to  say  it 
has  become  punchdrunk  from  accu- 
sations of  being  producer-controlled, 
"but  we  still  believe  in  our  proposed 
modifications  of  Articles  9  and  10. 
We  are  still  firmly  convinced  that 
Article  10,  now  Part  5,  should  apply 
only  to  those  getting  $1,000  a  week 
and  more  and  should  not  apply  at 
option  time.  Neither  should  there  be 
any  three  or  six  months  posting  of 
employment  notification  clauses. 

"We  still  believe  the  registration 
should  be  through  the  Academy  or 
some  other  equally  impartial  ma- 
chinery  of  employe  representation." 

This  statement  in  all  probability 
will  be  picked  to  pieces  and  answered 
Sunday  night  by  actors  and  writers 
who  declare  they  will  take  definite 
action  on  the  code. 


(Continued  from  page   1) 

each  machine.  Second,  small  town  ex- 
hibitors and  all  committees  where  the 
LA.T.S.E  does  not  now  exist  may 
continue  as  heretofore  on  a  minimum 
basis  of  40  cents  per  hour.  Third, 
labor's  latest  proposal  definitely  sets 
up  fair  and  equitable  grievance  boards 
to  settle  all  labor  disputes,  and  in  the 
administrator's  own  words  'there  will 
hereafter  be  none  of  this  open  war- 
fare.' 

"In  brief,  all  labor  disputes  will  in 
future  be  mediated  in  a  manner  not 
heretofore  existing.  The  mere  fact 
that  many  LA.T.S.E.  locals  are  op- 
posed to  the  code  clearly  indicates  a 
wide  divergence  of  opinion  on  all 
sides." 

Meyer  Explains  Stand 

Indicating  again  that  the  M.P.T, 
O.A.  is  far  from  being  in  absolute 
accord  with  many  code  provisions, 
Meyer  said:  "The  M.P.T.O.A.  had 
no  more  to  do  with  its  present  con- 
tents and  phraseology  than  anybody 
else.  It  is  the  Administration's  code, 
and  while  we  did  not  get  a  great 
many  of  the  things  we  wanted  or  felt 
we  were  entitled  to,  neither  did  any- 
body else.  The  M.P.T.O.A.  takes  the 
stand  that  the  code,  if  and  when  signed 
by  the  President,  is  subject  to  re- 
visions, amendments  and  modifications. 
There  isn't  the  slightest  doubt  in  our 
mind  but  that  these  will  be  forthcom- 
ing from  time  to  time.  No  matter 
what  we  or  any  individual  may  think 
of  the  code,  the  fair  grievance  boards, 
equitable  zoning  and  clearance  regu- 
lations, 10  per  cent  elimination  for 
the  little  exhibitor  and  a  clear  ruling 
on  substitutions  are  but  a  few  of  the 
benefits  gained. 

"If  and  when  the  time  comes  that 
we  can  finally  depart,  we  will  be  able 
to  do  so  with  self-satisfaction  and  the 
knowledge  that  we  put  up  a  fight,  and 
the  net  results  show  some  gains  and 
no  losses,  and  no  surrender  of  any  of 
our  inherent  rights  and  principles." 

Ben  Berinstein,  president  of  the 
M.P.T.O.  of  Southern  California, 
while  not  a  national  affiliate,  finds  him- 
self in  complete  accord  with  the 
M.P.T.O.A.  stand. 

Fred  Wehrenberg  left  for  St. 
Louis  today,  but  others  are  standing 
by  until  the  final  code  goes  to  Ad- 
ministrator   Hugh    S.   Johnson. 


Academy  Will  Push 
Battle  on  Article  10 

(Continued  from  page  1) 
to  determine  what   the  article   should 
or  should  not  embrace,  was  to  hold  a 
public  hearing  on  the  ground  in  Holly- 
wood. 

Rosenblatt,  as  noted,  is  on  record 
with  having  labeled  such  an  idea 
"ridiculous,"  and  by  so  "doing  has 
closed  out  any  further  discussions  of 
the   Academy   suggestion. 


Music  Publishers' 
Code  Off  to  Nov.  2 

Washington,  Oct.  13.— Developing 
of  a  code  for  the  music  publishing 
industry,  scheduled  as  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt's 
next  task,  was  set  back  today  from 
Oct.  17  to  Nov.  2  because  some  pro- 
visions in  the  present  tentative  code 
were  found  to  be  in  conflict  with  the 
retail  code.  Rosenblatt  will  work  out 
the  discrepancies  with  Deputy  Ad- 
ministrator Whiteside,  in  charge  of 
the  retail  code. 


L 


The  Leading 

Daily 

Newspaper 

of  the* 

Motion 

Picture 

Industry 


J 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Ind^try 
in  All 
Branches 


VOL.  34.    NO.  90 


NEW  YORK,  MONDAY,  OCTOBER  16,  1933 


TEN  CENTS 


New  Setup  of 
Fox  Theatres 
Up  in  Parleys 

Division  Heads  Wind  Up 
Talks  with  Bankers 


Reorganization  conferences  of  vari- 
ous Fox  theatre  units  now  in  receiver- 
ship are  understood  to  have  been  the 
purpose  of  five  company  executives  in 
New  York.  Charles  Skouras,  Mike 
Rosenberg,  Reeves  Espey,  Arch.  M. 
Bowles  and  Frank  Newman  are  un- 
derstood to  have  held  conferences 
daily  with  Spyros  Skouras  and  Chase 
National  representatives  which  are  be- 
lieved to  directly  involve  the  new  set- 
up of  various  Fox  theatre  units  in  the 
west. 

Reorganization  of  Fox  Metropoli- 
tan  Playhouses   is   scheduled  to  come 

(Continued  on   fane   2) 


Weshner  Appointed 
Wisconsin  Manager 

Dave  Weshner  has  been  appointed 
Wisconsin  zone  manager  for  Warners 
by  Joseph  Bernhard  with  headquarters 
in  Milwaukee.  He  will  have  30 
houses  under  his  supervision,  the 
theatres  being  in  Milwaukee,  Racine, 
Sheboygan,  Kenosha,  Madison,  Apple- 
ton,  Green  Bay,  Fond  du  Lac,  Osh- 
kosh  and  Menominee.  Most  of  the 
houses  formerly  were  operated  by 
Brachman  &  Saxe  and  Fox  theatre 
interests. 

Weshner  left  for  Milwaukee  Satur- 
day and  will   meet   Moe   Silver   there 

(Continued  on  Page  2) 


Puhlix  Enterprise 
Problems  Up  Oct. 


23 


Formation  of  a  new  organization 
to  take  over  Tennessee  FLnterprises, 
Inc.,  the  proposed  sale  of  Augusta 
Enterprises,  Inc.,  to  Arthur  Lucas 
and  William  K.  Jenkins,  formation  of 
a  new  organization  to  take  over  the 
lease  of  the  Palace,  South  Bend,  and 
the  proposed  transfer  of  the  assets  of 
Publix-South  Bend  to  J.  J.  Kiser  as 
trustee  are  scheduled  to  come  up  for 

(Continued  on  pape  2) 


Dellis  Looking  Over 
Schine  Ohio  Houses 

East  Liverpool,  O.,  Oct.  15. — 
George  R.  Dellis,  until  recently  city 
manager  of  the  local  Constant  Cir- 
cuit, consisting  of  the  American  and 
State,  but  now  co-owner  of  the  Pal- 
ace,  at    Lockport,    N.    Y.,    is    said    to 

(Continued  on  pane  2) 


No  Legal  Bar  to  Fines 
For  Producers  Is  Seen 


Rosenblatt  Seeks  Code  Clause 

Making  Signatures  a  Contract 

Washington,  Oct.  15. — Deputy  NRA  Administrator  Sol  A.  Rosen- 
blatt is  seeking  an  added  clause  to  the  code  making  the  final  form 
a  contract  between  all  signatories  and  the  President. 

He  has  discussed  this  with  Hays  lawyers,  it  was  learned  over 
the  week-end,  and  met  with  opposition.  The  objections  are  reported 
to  hinge  around  the  reputed  belief  in  the  minds  of  major  dis- 
tributors that  this  would  be  too  definite  a  commitment,  if  the 
constitutionality  of  the  NRA  is  ever  attacked  and  the  law  declared 
illegal  by  the  United  States  Supreme  Court. 

Washington  has  been  full  of  rumors  for  weeks  that  a  legal  test 
of  the  NRA  and  the  unlimited  powers  accorded  the  code  authori- 
ties under  each  Recovery  Administration  code  eventually  would 
be  made. 


Fear  a  Super-Combination^ 
Says  Independents '  Brief 


Washington,  Oct.  15.  —  Alleging 
that  the  codes  submitted  by  Deputy 
NRA  Administrator  Sol  A.  Rosenblatt 
"offend"  Section  3-a  of  the  National 
Industrial  Recovery  Act  and  that  the 
proposed  set-up  of  code  authority, 
grievance  and  zoning  boards  "would 
create  a  huge  super-combination,"  in- 
dependent producers,  distributors  and 
exhibitors  filed  their  analysis  with  the 
deputy  on  Saturday.  They  now  rest 
their  case. 

The  brief  was  prepared  in  separate 
sections  and  consolidated  here  by 
Abram  F.  Myers.  It  represents  the 
views  of  a  number  of  organizations 
and   was   signed   by   Jacob    Schechter, 


attorney  for  the  Federation  of  the 
M.  P.  Industry ;  Mitchell  Klupt,  at- 
torney for  the  Independent  M.  P. 
Exhibitors'  Code  Protective  Commit- 
tee, and  Milton  C.  Weisman,  attorney 
for  the  Independent  Theatre  Owners' 
Ass'n  of  New  York. 

Using  as  its  base  line  the  argument 
that  code  authority,  grievance  and 
zoning  boards  will  not  be  balanced 
boards  because  representation  among 
major  divisions  of  the  industry  is  not 
equal,  the  analysis  charges  the  code, 
as  now  drawn,  with  setting  up  "quasi- 
judicial  boards  to  determine  the  re- 
spective rights  of  exhibitors  and  dis- 

(Continued  on  pacic  6) 


Columbia  Men 
Aim  Hot  Shot 
At  the  AMPA 


Charging  that  the  A.M. P. A.  "has 
lost  sight  of  its  original  purpose  and 
has  degenerated  into  a  weekly  picnic 
for  printers,  engravers,  amusement  ad- 
vertising solicitors,  agency  men  and 
trade  paper  men,"  Columbia  has  sent 
John  Flinn,  president,  a  letter  signed 
by  11  members  employed  by  the  com- 
pany asking  for  a  "reorganization 
along  principles  which  will  make  it 
(Continued  on  pane  2) 


Adjustments 
May  Come  in 
Labor  Terms 


Washington,  Oct.  15. — Notwith- 
standing the  arbitrary  date  of  Aug.  2Z. 
mentioned  in  the  scale  for  operators, 
it  is  learned  from  authoritative  sources 
that  both  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  as  well  as  the  LA. 
T.S.E.  officials  have  given  their  assur- 
ance that  where  existing  scales  work 
hardships  by  reason  of  unfair  classifi- 
cation they  may  be  reclassified  a.nd 
(Continued  on  Pane  7) 


Not  Approved  Yet,  Says 

Rosenblatt,   But  He 

Thinks  Plan  O.K. 


By  RED  KANN 

Washington,  Oct.  15. — Dep- 
uty NRA  Administrator  Sol  A. 
Rosenblatt  sees  no  conflict  be- 
tween the  new  code  clause  impos- 
ing cash  penalties  on  employers 
up  to  $10,000  for  violations  of 
the  code  clause  covering  talent 
"raiding"  and  Section  7C  of  the 
National  Industrial  Recovery  Act 
which  makes  it  clear  no  regula- 
tion of  maximum  salaries  is  permis- 
sible. 

Asked  specifically  if  the  new  article, 
which  will  apply  generally  throughout 
the  industry  and  is  declared  to  be 
aimed  not  at  Hollywood  only,  but  at 
all  excessive  salaries,  has  been  ap- 
proved by  the  legal  division,  the  deputy 
replied:  "It  has  not  been  approved  by 
anybody.  I  don't  think  it  will  con- 
flict." 

Over  the  week-end,  which,  inci- 
dentally, was  unbroken  in  its  calm  and 
was  a  startling  change  from  the  earlier 
code  sessions,  it  became  almost  a  cer- 
tainty that  the  new  Article  10,  to  which 
virtually  all  majors  agree  and  which 
Henry  Herzbrun,  studio  attorney  for 
Paramount,  framed,  was  designed  to 
meet  the  attitude  on  high  salaries  ex- 
pressed by  the  President  last  week. 

Whether  it  is  designed  to  be  a 
deterrent  by  its  presence  in  the  code, 
or  whether  the  purpose  will  be  exe- 
cuted is  something  only  actual  opera- 
tion of  the  code  will  bring  to  light. 
Whether  the  actual  text  of  the  arti- 
cle leaves  loopholes  through  which 
evasions  might  be  engineered  is  an- 
other point.  Several  of  the  terms 
therein  included  are  easily  interpretable 
sevaral  ways. 

Rosenblatt's  answer  to  a  question 
Saturday  seemingly  strengthens  this 
opinion. 

"What    yardstick    will    be    used    to 

(Continued   on    pane   7) 


Ohio  MPTO  Not  in 
Wire  Moves — Wood 

Washington,  Oct.  15.  —  Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt has  received  a  wire  from  P.  J. 
Wood,  business  manager  of  the 
M.    P.    T.    O.    of    Ohio    in    which    he 

(Continued  on  Pane  7) 


MOTION    PICTURE 

DAILY 


Monday,  October    16,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


Vol. 


October  16.  19.v^ 


No.  90 


Martin  Quigley 

Editor-in-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 
Advertising  Manager 


^•\m\  PUBLISHED  daily,  except  Sunday 
f  jl  J  and  holidays,  by  Motion  Picture 
N^^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets:  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  (V.  H.  Mooring, 
41  Redhill  Drive,  Edgware.  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  VV.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  aa  second  class  mat- 
ter 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:  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


.NRA 


Columbia  Men 
Aim  Hot  Shot 
At  the  AMP  A 


i  Purely 
Personal  ► 


JOHN  WENGER,  scenic  designer, 
associated  with  Samuel  L.  Rotha- 
FEL  at  the  Rialto,  Rivoli,  Capitol  and 
old  Roxy,  will  have  his  art  work  on 
exhibition  at  the  Grand  Central  Gal- 
leries, starting  Tuesday  and  continu- 
ing to  Oct.  28. 

J.  Maxwell  Joyce,  formerly  with 
M-G-M  and  Paramount  and  latterly 
handling  publicity  on  the  World's  Fair, 
is  in  town. 

Evt;  Miller  of  the  M-G-M  publicity 
department  is  at  the  Unity  Hospital 
recovering  from  an  appendicitis  opera- 
tion. 

Major  F.  H.  LaGuardia,  Fusion 
candidate  for  Mayor,  will  address  the 
Roxy   audience   Thursday   evening. 

Robert  Smeltzer,  Warner  district 
manager  in  Washington,  is  in  town 
conferring  with  A.  W.   Smith. 

Dave  We.shner  left  for  Milwau- 
kee  Saturday.     Arrives  there  today 

Mike  Marco  left  for  Los  Angeles 
Saturday. 


BEN  BLUE 

Starring  In  Series 

WARNER  BROS. 


SHORTS 


Produced  by 
SAM  SAX 


Directed  by 
RALPH  STAUB 


(Continued  from  f^age   1) 

of  definite  value  to  the  less  fortunate 
members  of  the  so-called  profession  of 
press-agentry."  The  letter  is  signed 
by  Lou  Lusty,  Gregory  Dickson,  Ed 
Olmstead,  Arnold  Van  Leer,  Ben  At- 
well,  George  Brown,  Les  Kaufman, 
Leo  Freedman,  Fred  Marshall,  Hor- 
tense  Schorr  and  Lou  Goldberg. 

The  letter,  in  addition  to  seeking 
exclusion  from  membership  of  others 
than  fihn  advertising,  publicity  and 
exploitation  men,  suggests  that  A.M. 
P. A.  members  be  taxed  to  take  care 
of  its  unemployed.  "Being  a  member 
of  the  organization  should  imply  cer- 
tain qualifications  for  a  job  in  the 
industry,"  the  letter  states,  which 
would  guarantee  the  employer  "a  cer- 
tain amount  of  experience  and  brains. 
.\.ALP.A.  men  must  hang  together. 
If  they  did,  there  would  not  be  any- 
thing in  the  code  as  ridiculous  as  a 
$50  minimum  for  publicity  men." 

Declaring  that  they  have  kept  away 
from  meetings  because  of  their  views, 
the  signers  say  they  are  still  inter- 
ested in  the  A.M. P. A.  and  "would  like 
to  see  it  climb  back  to  the  position  it 
attained  seven  or  eight  years  ago." 
They  say  they  are  looking  to  Flinn  to 
jack  it  up  so  that  it  will  be  of  definite 
value  to  its  members  "instead  of  a 
weekly  conclave  of  wise-crackers." 

Since  Flinn  took  office  the  meetings 
have  been  serious,  but  whether  all  the 
complaints  made  by  the  Columbians 
will  be  acted  upon  is  not  known  as  yet. 


i  Direction:    LEO    MORRISON 

E 

aumiimuiiiiHiiiiiitiifiiiiiiitiiiiiiiiiiiiiiiiiuiiitmiiiiiiiiiiiiiuimiiimiiiiriiittiiiii 


Puhlix  Enterprise 
Problems  Up  Oct,  23 

(.Continued  from  page   1) 

approval  at  a  meeting  of  Publix  En- 
terprises creditors  before  Referee  in 
Bankruptcy  Henry  K.  Davis  on  Oct.  23. 
Another  subject  scheduled  to  come 
up  is  the  proposed  conveyance  by 
Acme  Theatre  Corp.  to  the  Volunteer 
State  Life  Insurance  Corp.  of  the 
Lakeland  (Florida)  Theatre  in  sat- 
isfaction of  a  mortgage  indebtedness 
of   $41,703.75. 


B'lvay  S how-Window 

AsTOR — "Dinner     at     Eight"      (M- 
G-M) — reviewed    Aug.    29. 

Cameo^"S.        O.        S.        Iceberg" 
(Univ.) — reviewed     Sept.     23. 

Capitol— "Night  Flight"   (M-G-M) 
— reviewed    Aug.    23. 

Gaiety — "Berkeley  Square"  (Fox) 
— reviewed    July    5. 

Hollywood — "Ever  in  My  Heart" 
(Warners) — reviewed     Oct.      13. 

Mayfair — "Before  Dawn"  (Radio) 
— opening    today. 

Palace — "Ann  Vickers"  (Radio) 
— reviewed    Sept.    28. 

Paramount — "I'm  No  Angel" 
(Para.) — reviewed       Oct..       5. 

Radio  City  Music  Hall — "Private 
Life    of    Henry   VIII    (U.    A.) 

Rialto — "My  Woman"  (Col.) — re- 
viewed   Oct.    6. 

Rivoli— "The  Bowery"  (U.  A.)-~ 
reviewed    Sept.    28. 

Rko  Roxy- — Saturday  to  Tuesday 
— "Ann  Vickers"  (Radio)  —reviewed 
Sept.  28.  Wednesday  to  Friday — 
"Big  Executive"  (Para.) — to  be  re- 
viewed. 

RoxY  -  "Saturday's  Millions" 
(Univ.) — reviewed   Oct.    14. 

Strand — "Footlight  Parade"  (War- 
ners)— reviewed    Sept.    30. 


Jump  in  "f/"  Sales 
Reported  on  Coast 

HoLLYW(X)D,  Oct.  15.  —  James  R. 
Grainger,  general  manager  of  Univer- 
sal distribution,  is  here  on  his  swing 
around  the  country  with  the  news  that 
1,000  more  contracts  for  his  com- 
pany's product  have  been  signed  this 
year  that  were  for  the  same  pe- 
riod last  year.  This  increase,  it  is 
reported,  will  push  "Saturday's  Mill- 
ions" into  the  major  first  runs,  with 
"Only  Yesterday"  and  "The  Invisible 
Man"  following  it.  Grainger  is  re- 
turning to  New  York  via  Dallas,  New 
Mexico,  Charlotte,  N.  C,  and  Wash- 
ington. 

Last  week's  sales  were  over 
$1,000,000  without  any  estimate  of 
percentage  pictures,  according  to 
Grainger.  It  was  the  greatest  week's 
business  in  the  history  of  Universal, 
he  states. 


New  Setup  of 
Fox  Theatres 
Up  in  Parleys 

(.Continued  from  fagc   1) 

u])  shortly  with  George  Skouras  set 
to  retain  operation  of  theatres  he  is 
now  handling. 

J.  J.  Sullivan,  Fox  West  Coast 
film  buyer,  has  been  in  New  York  for 
several  weeks  lining  up  film  buys  for 
the  new  season.     He  left  last  Friday. 

Rosenberg  is  of  Principal  Theatres, 
Los  Angeles ;  Espey  of  Fox  West 
Coast,  Los  Angeles ;  Bowles  of  north- 
ern California  division  of  F.  W.  C, 
San  Francisco,  and  Newman  of  Ever- 
green Theatres  Amusement  Corp.,  Se- 
attle. All  are  in  receivership  except 
the  last  named  circuit.  Bowles,  Charles 
Skouras  and  Espey  leave  for  the  coast 
today.  Newman  and  Rosenberg  de- 
parted last  week.  Reorganization  of 
the  units  is  expected  by  Jan.  1,  1934. 


Dellis  Looking  Over 
Schine  Ohio  Houses 

(Continued  from  page   1) 

be  making  a  survey  of  several  houses 
of  the  Schine  circuit  in  this  terri- 
tory, pending  negotiations  for  ac- 
quisition in  the  formation  of  a  cir- 
cuit of  his  own. 

Before  his  local  connection,  Dellis 
managed  Constant's  Palace  at  Can- 
ton. 


Warner  Drops  11/2  Points 


High  Low  Close 

Consolidated  Film  Industries 31/J  314  314 

Consolidated  Film  Industries,  pfd 10!4  9%  10!4 

Eastman  Kodak 75  75 j^^  75 

Fox  Film  "A" 155.^  iS'A  1554 

Loew's.  Inc 31VS  305^  iVA 

Pathe  Exchange VA  VA  1!4 

Pathc  Exchange  "A" 8  8  8 

HKO  25«  2^  2Vs 

Warner  Bros 7-3^  7i^  7?^ 

Warner   Bros.,   pfd 23  23  23 


Net 
Change 

-  % 
-f  M 


-  V2 
+  Vz 


-  v» 

-/a 
-PA 


Trading  Dull  on  Curb 


Techniolo 


High 

.  mi 


Low 

lOM 


Net 
Close    Change 

W'A      


Most  Issues  Off  Slightly 


High  Low  Close 

General  Theatre  Equipment  6s  '40,  ctf 4J4  4  A'A 

Keith,  B.  F.  6s  '46 46  46  46 

Loew's  6s  '41   ww  deb  rights 85  85  85 

Paramount  Broadway  5J4s  '51 31  31  31 

Paramount   Publix  S'As  '50 SZ'/i  SIA  32^^ 

Warner  Bros.  6s  '39,  wd , 46  4554  46 


Net 
Change 

'+  'A 

-Va 
-H 


Sales 

600 
210 
400 
400 

1,400 
100 
600 
100 

4,400 
100 


Sales 

500 


Sales 

14 
7 
2 

5 
4 
7 


Weshner  Appointed 
Wisconsin  W.B,  Head 

(Continued  from  page   1) 

today.  All  Wisconsin  managers  will 
meet  Weshner  at  a  special  meeting 
today.  Prior  to  leaving  Saturday, 
Weshner  stated  he  did  not  contemplate 
any  revolutionary  changes  in  the  pres- 
ent setup  but  was  first  going  to 
thoroughly  digest  the  situation.  He 
recently  returned  from  upstate  New 
York  and  a  special  assignment. 


Dyer  Sound  Patent 
Hearing  Is  Started 

Wilmington,  Oct.  15.  —  Samuel 
C.  Darby,  Jr.,  New  York  attorney,  to- 
day made  the  opening  argument  in  the 
patent  infringement  suit  of  Frank  L. 
Dyer  of  Ventnor,  N.  J.,  against 
Sound  Studios,  Inc.,  in  the  U.  S.  Dis- 
trict Court  here. 

Dyer  alleges  infringement  of  a  pat- 
tent  he  holds  on  long-playing  phono- 
graph records,  claimed  to  be  suitable 
for  synchronizing  with  films. 

The  trial  was  brought  to  an  abrupt 
close  later  in  the  day  when  Joseph 
Maxfield  of  New  York,  expert  wit- 
ness for  the  defense,  was  taken  ill, 
forcing  a  postponement  for  a  number 
of  days. 


THE 
MAYFLOWER 

61st  STREET,  (Central  Park  West) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3   Rooms.     Full  Hotel  Service 

FURNISHED    OR     UNFURNISHED 

By  the  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


BE  KIND 


TO  THEIR  EARS 

w  else . . . 


IT'S  twenty  to  one  (and  that's  no  sport's  bet)  the 
house  with  old  type  sound  doesn't  even  begin  to 
approach  the  attendance  of  the  house  down  the  street 
with  a  brand  new  High  Fidelity  System. 

And  that  stands  to  reason.  Six  years  ago  the  show 
business  was  for  the  eye  only.  When  sound  came  in, 
anything  was  good ...  at  first.  But  now,  it's  different. 
Folks  come  to  see  and  hear.  And  they're  not  taking 
nor  liking  sound  that's  frayed  at  the  edges. 

High  Fidelity  Sound  means  new  life  for  your  house 
. . .  new  patronage  and  new  profits.  Hardly  a  week 
goes  by  without  an  enthusiastic  report  bearing  us  out 
on  this  . . .  reports  of  exhibitors  who  claim  that  purely 
from  a  box  office  standpoint,  their  High  Fidelity  Equip- 
ment is  the  best  paying  investment  they  have. 

This  we  pass  along  to  you  with  the  reminder  that 
times  are  on  the  up  and  up.  More  recreation  for 
workers  and  more  money .  . .  better  product  and  new 
headliners  all  mean  bigger  crowds  willing  to  stand  in 
line  to  pay  you  money,  IF  you  givQ  them  sound  in 
tune  with  the  times ...  IF  you  give  them 


HIGH   FIDELITY  SOUND 


PHOTOPHONE  DIVISION 

RCA  VICTOR  CO.  Inc, 

Camden,  New  Jersey- 


Right  you  are!  Please  have  your  repre- 
sentative get  in  touch  with  me  imme- 
diately with  facts  and  figures  about  a 
High  Fidelity  installation  in  my  theatre. 

Name - 

Address r - 

City- - State 


UNIVERSAL  AWA\1 


■« 


Leading  Theatres  Recognize  Qualit 
First  of  New  Season's  Release 


SATURDAY 


Bookec 

^Paramount,  Los  Angeles, 

OcM9 

Brown,  Louisville, 

Oct.  T 

Roxy,  New  York, 

Oct  13 

Earle,  Philadelphia, 

Oct.  2€ 

Lafayette,  Buffalo, 

Oct.    5 

Palace,  Cincinnati, 

Oct.  2i 

Roosevelt,  Chicago, 

Oct.  21 

World,  Omaha, 

Oct.   « 

Strand,  Albany, 

Oct.  19 

Warner,  Pittsburgh, 

Oct.  K 

Fisher,  Detroit, 

Oct.  13 

Lyric,  Indianapolis, 

Oct.  « 

Paramount,  Atlanta, 

Oct.  14 

Roxy,  Seattle, 

Oct.  K 

Orpheum,  San  Francisco, 

Oct.  13 

Egyptian,  Sioux  Falls, 

Nov.  ! 

Allen,  Cleveland, 

Oct.  19 

Lincoln,  Lincoln, 

Oct.  2: 

Orpheum,   Denver, 

Oct.  21 

Rialto,  Washington, 

Oct.  14 

Strand,  Memphis, 

Oct.    6 

Missouri,  St.  Louis, 

Oct  IS 

1 


^o 


FLYING  START! 


L 


f  Universalis  New  Product- 
Hits  First  Runs  Every wliere! 


MILLIONS 


Fo  Play 

■ 

Warners,  Troy, 

Oct  21 

Strand,  Hartford, 

Oct.  6 

Welba,  Dallas, 

Oct.  20 

RKO  Palace,  Rochester, 

Oct.  13 

>tanley,  Utica, 

Oct.  19 

Eckle,  Syracuse, 

Oct.  13 

Vlajestic,  Houston, 

Oct.  14 

Astor,  Reading, 

Nov.  1 

'ubiix,  Macon, 

Oct.  20 

Strand,  Allentown, 

Nov.  1 

Jptown,  Kansas  City, 

Oct.  21 

Capitol,  Scranton, 

Oct.  16 

Capitol,  Miami, 

Oct.    7 

Fox,  Brooklyn, 

Oct.  20 

\lhambra,  Milwaukee, 

Oct  13 

Branford,  Newark, 

Oct.    6 

lA^arner,  Springfield, 

Oct     6 

Palace,  Columbus, 

Nov.   3 

Liberty,  Oklahoma  City, 

Nov.  2 

Keiths,  Baltimore, 

Oct.  12 

iA^arner,  Worcester, 

Oct.  6 

Orpheum,  Salt  Lake, 

Oct.  27 

^     "Saturday's    Millions"  is  tha  first  1 
picture  ever  booked  in  this  theatre 

Jniversal 

MOTION  PICTURE 

DAILY 


Monday,  October    16,    1933 


Claim  Abuses  Are  Not  Corrected 


Independents 
Say  They  Fear 
Super-Control 

(Continued  from    page   1) 

tributors  aiid  between  affiliated  ex- 
hibitors and  independent  exhibitors. 
This,  the  analysis  declares,  means  the 
independent  "coming  into  these  boards 
as  a  plaintiff  would  find  the  defendant 
sitting  on  the  bench." 

Five  objections  are  made  to  the 
contemplated  machinery  of  the  three 
boards.  As  the  analysis  presents  them, 
they  are : 

(a)  Would  vest  complete  control  of 
the  motion  picture  industry  in  the  major 
producers  who  are  members  of  the  M.  P. 
producers  and  Distributors  of  America. 
Inc.   (the  so-called  Hays  organization); 

(b)  Would  divest  the  independent  pro- 
ducers, distributors  and  exhibitors  of 
such  measure  of  protection  against  the 
predatory  practices  of  the  major  pro- 
ducers as  they  now  enjoy  under  the 
anti-trust   laws.; 

(c)  Would  violate  the  constitutional 
rights  of  the  independent  producers,  dis- 
tributors and  exhibitors  by  taxing  them  . 
for  the  support  of  boards  created  in  the 
interest  of  the  major  producers  and  by 
compelling  them  to  furnish  evidence  to 
be  used  against  them  in  criminal  cases; 

(d)  Would  create  a  huge  super-com- 
bination which,  but  for  the  immunity 
conferred  by  the  National  Industrial 
Recovery  Act  would  constitute  a  flagrant 
violation  of  the  Sherman  Anti-trust 
Law;  . 

(e)  Would  not  settle  the  issues  which 
now  divide  the  industry  but,  on  the  con- 
trary, would  aggravate  them. 

Would  Create  "Hierarchy" 

The  plan,  it  is  charged,  will  result 
in  "a  never-varying  hierarchy."  The 
independents  take  the  stand  that  not 
only  is  control  of  code  authority  com- 
pletely vested  in  the  majors  but  "elab- 
orate precautions  have  been  taken  to 
prevent  any  lessening  of  that  control. 
This,  it  is  argued,  follows  under  the 
provisions  which  gives  each  member 
of  code  authority  the  right  to  name  his 
successor  in  the  event  of  resignation, 
death,  ineligibility  or  incapacity. 

"One  of  the  most  amazing  pro- 
visions," says  the  analysis,  "and  one 
fraught  with  the  gravest  danger  to  the 
independents,  is  the  one  authorizing 
the  code  authority  to  appoint  commit- 
tees 'including  other  than  members  of 
the  code  authority'  and  to  delegate  to 
such  committees  'generally  or  in  par- 
ticular instances  such  power  and 
authority  within  the  scope  of  the  pow- 
ers granted  to  the  code  authority  under 
the  code."  This  dangerous  power  can 
be  exercised  by  majority  action  of  the 
code  authority,  hence  it  lies  within  the 
power  of  the  major  producer  members 
and  one  other  to  transfer  all  the  pow- 
ers and  duties  of  the  code  authority  to 
a  committee  having  no  independent 
members  whatever." 

The  independents,  or  at  least,  the 
Allied  end  of  the  independent  group, 
appear  disturbed  because  local  exhibi- 
tor organizations  will  have  no  voice  in 
naming  members  of  grievance  and 
zoning  boards,  this  right  being  dele- 
gated to  code  authority.  "This  means 
that  the  major  producers  by  virtue  of 
their  domination  of  the  code  authority 
will  be  in  a  position  to  stack  these 
local  boards  in  their  favor,"  asserts  the 
brief. 

The  charge  is  also  made  that,  under 


In  48  Pages  and  18,000  Words 

Washington,  Oct.  15. — The  independents'  analysis  of  the  NRA 
code  was  made  public  yesterday  in  a  48-page  brief  running  18,000 
words  in  length. 

The  argument  was  divided  into  three  major  divisions.  Eighteen 
pages  were  devoted  to  code  authority,  grievance  and  zoning 
boards  and  efforts  to  prove  they  will  be  dominated  by  major 
producers.    Thirteen  pages  concerned  analyses  of  trade  practices. 

The  final  15  dealt  with  omissions  in  the  code,  as  the  independents 
see  them.  Much  attention  was  paid  to  the  right  to  buy  in 
this  section. 


the  proposals  as  currently  drafted,  in- 
dependents will  be  taxed  for  board 
maintenance  "for  the  benefit  of  the 
major  producers" ;  that  the  right  of 
code  authority  to  conduct  independent 
investigations  of  alleged  violations  and 
in  so  doing  to  call  for  api>earance  of 
all  papers,  books,  documents  and 
records  is  tantamount  to  forcing  inde- 
pendents "to  furnish  evidence  against 
themselves  for  use  in  criminal  cases." 

Say  Producers  Dominate 

On  grievance  and  local  zoning 
boards,  the  argument  is  more  or  less 
a  duplicate  of  the  stand  assumed  in 
relation  to  code  authority.  The  analysis 
ix)ises  the  argument  that  clearance  and 
zoning  boards  will  be  dominated  by  the 
major  producers.  It  asserts  that  of 
the  six  votes  accorded  each  board  the 
two  first  runs,  affiliated  and  inde- 
pendent, will  stick  together  since  both 
of  them  are  interested  in  extending 
clearance  over  subsequent  runs  as  far 
as  may  be  possible.  The  two  dis- 
tributors, affiliated  or  not,  will  join 
hands,  it  is  claimed,  because  they  "have 
a  common  interest  in  selling  iiid  there- 
fore accommodating  the  first  runs."  On 
this  theory,  the  independents,  as  a  con- 
sequence, would  have  two  votes  against 
a  "stacked"  block  of  four. 

Their  conclusion,  the  independents 
say,  is  that  the  direction  to  the  zoning 
boards,  as  contained  in  the  code,  will 
result  in  giving  affiliated  theatres  even 
greater  protection  than  they  today 
enjoy.  "The  problem  will  never  be 
settled  unless  it  is  settled  right,  and 
unless  the  Administration  can  and  will 
include  provisions  in  line  with  the 
reasonable  proposals  of  the  independent 
exhibitors,  it  will  be  better  to  leave 
the  subject  to  be  dealt  with  by  the 
courts  under  the  anti-trust  laws." 

Call  Boards  "Mere  Bait" 

Grievance  boards  "are  mere  bait  to 
induce  e-xhibitors  to  sign  away  their 
constitutional  rights,"  the  analysis 
holds.  The  rights  vested  in  these 
boards  in  the  first  draft  were  onerous 
enough,  the  group  insists,  but  the 
second  revision  of  the  code  "removes 
all  doubt  as  to  the  power  of  the  griev- 
ance boards  to  rectify  abuses  not 
specifically  provided  against  in  the 
code."  As  provided  now,  therefore, 
the  indepenednts  find  this  section  of 
the  code  less  acceptable  than  the 
similar  clauses  in  the  first  draft. 

All  of  these  points  are  singled  out 
in  the  brief  to  bulwark  the  argument 
that  complete  monopolization  of  the 
industry  impends.  Therefore,  the  in- 
dependents feel  that  "unless  adequate 
safeguards  arc  written  into  the  code 
for  the  protection  of  independents, 
there  should  be  added  a  saving  clause 
which  would  expressly  preserve  their 
rights  under  existing  judgments,  de- 
crees, litigations  and  laws.     Anything 


short  of  this  would  be  tyranny." 

The  second  section  of  the  analysis 
deals  with  an  interpretation  of  specific 
provisions  in  the  proposed  code.  There 
are  15  specific  arguments  offered  and 
one  general  argument. 

The  independents,  for  instance,  find 
the  proposed  clause  on  substitutions 
faulty  and  want  clearer  and  more 
restrictive  language. 

Want  Theatres  Protected 

On  non-theatrical  competition,  tlie 
indeiKjndents  say  the  clause  should 
fully  prt)tect  the  established  theatre 
operators  and  should  make  it  manda- 
tory on  the  distributors  to  prove  to 
the  grievance  board,  in  advance,  that 
such  sale  will  not  prove  unfair  com- 
petition. 

It  is  argued  that  selectivity  of  shorts 
is  a  privilenge  that  belongs  to  the 
exhibitor  and  that  the  clause  covering 
this  practice  in  the  proposed  code 
sanctions  the  practice  of  forcing  shorts. 
Independents  also  maintain  the  com- 
bination sale  is  unfair  to  distributors 
who  sell  their  shorts  and  features 
separately. 

Allocation  of  film  rentals  has  not 
been  taken  care  of,  it  is  claimed.  The 
analysis  says  the  code,  as  it  stands, 
takes  no  cognizance  of  the  alleged  dis- 
tributor practice  of  allocating  deliv- 
ered pictures  into  higher  price  groups 
and  undelivered  pictures  into  lower 
price   groups. 

Objecting  to  the  distributor  privi- 
lege of  designating  playdates,  the 
analysis  enters  strenuous  arguments 
against  such  practice  on  the  ground 
it  fails  to  permit  the  exhibitor  to  run 
his  own  business ;  that  it  improperly 
limits  the  ground  uixin  which  an  ex- 
hibitor may  procure  a  change  in 
dates ;  that  it  leaves  the  right  of  relief 
to  the  discretion  of  "producer-con- 
trolled boards"  and  that,  even  where 
an  exhibitor  may  shift  a  percentage 
picture,  he  is  compelled  to  take  an- 
other which  the  distributor  designates. 

Substitution   Clause   Out 

Included  in  the  first  revision,  but 
omitted  from  the  second  is  a  clause 
which   reads  ; 

"An  exhibitor  shall  not  be  required 
to  accept  or  pay  for  any  picture  re- 
leased or  offered  by  a  distributor  which 
materially  differs  from  the  general 
style,  character  or  class  of  story  set 
forth  in  the  exhibition  contract."  The 
independents  want  it  restored. 

Other  points  sought  include : 

Clarification  of  the  clause  ruling  out 
premiums  by  a  75  per  cent  vote  in  each 
zone. 

Clarification  of  the  clause  on  theatre 
transfers  to  avoid  completion  of  con- 
tracts for  film  service.  ^ 

Clarification  on  the  clausa  covering 
advertising  by  prior  runs. 

On  the  10  per  cent  cancellation 
clause  on  pictures  averaging  $250  each 
or  less  in  rental,  the  brief  contends  the 


Block  Booking 
Is  Not  Ended, 
Brief  Asserts 


provision,  as  drafted,  permits  code 
authority  to  limit  its  operation  "beyond 
its  ostensible  meaning." 

"Not  only  is  the  privilege  granted 
trifling  in  itself,  but  it  is  hedged  about 
with  innumerable  conditions  which 
make  it  doubtful  whether  it  will  yield 
the  exhibitors  what  it  purixirts  to 
promise,"  the  brief  maintains,  and  it 
argues  further  tiiat  this  clause  "makes 
no  contribution  toward  the  solution  of 
the  evils  of  block  booking." 

Arbitration  Satisfactory 

The  independents  find  the  arbitration 
provision  generally  satisfactory  except 
insofar  as  selection  of  a  friendly  um- 
pire is  concerned.  The  umpire  is  to  be 
called  in  where  a  deadlock  develops. 
The  brief  advances  an  argument  for 
his  selection  by  a  judge  of  the  United  ■ 
.States  District  Court  "or  other  neigh- 
boring court  of  unlimited  regional 
jurisdiction  or  other  disinterested  pub- 
lic official." 

The  miscellaneous  division  includes 
the  following  on  which  clarification 
is  sought : 

(a)  Definitions:  These  require  some 
modifications,   as  well  as  additions. 

(b)  The  practice  of  preventing  a 
responsible'  producer  from  renting  studio 
facilities. 

(c)  Interference  with  an  outside  or 
associated  producer. 

(d)  Employment  by  producers  under 
Article  V.  Part  5  of  the  second  revision 
of  the  Code.  (This  refers  to  talent, 
former  Article  10.) 

(e)  Details  and  interpretations  con- 
cerning labor  provisions. 

Points    Out   Omissions 

"Every  proposal  directly  aimed  at 
recognized  vices,  and  every  statement 
of  principle  intended  to  guide  the 
boards  to  just  and  remedial  determina- 
tions, has  been  omitted  from  the  re- 
visions of  the  code  which  have  been 
handed  down,"  is  the  statement  made 
at  the  outset  of  the  third  section,  deal- 
ing with  omissions. 

Significant  among  the  points  pre- 
sented here  is  a  demand  by  the  inde- 
pendents that  the  code  should  apply  to 
existing  contracts.  Neither  in  the  first 
nor  the  second  revisions  did  Rosenblatt 
refer  to  any  retroactive  phases  of  the 
code.  J 

Taking  up  the  cudgels  for  inde-  I 
pendent  producers,  the  analysis  cites 
double  features  can  be  disposed  of 
finally  only  by  including  a  clause  ex- 
pressly pointing  out  that  theatre  policy 
is  a  matter  for  determination  by  the 
exhibitor.  "The  omission  in  the  code 
of  any  reference  to  double  features  is 
tantamount  to  vesting  the  power  in  the 
major  producer-distributors  of  regu- 
lating the  matter  to  suit  themselves," 
it  is  argued.  Tlie  reference  here  is  to 
"rider  clauses"  reported  to  prevail  in 
some  distributor  contracts  whereby  a 
particular  product  may  not  be  shown 
when  coupled  with  another  feature. 

If  the  uniform  contract  is  to  prevail, 
say  the  independents,  the  provision  in 
the  code  establishing  it  becomes  in- 
effective by  the  phrase  "unless  the 
parties  mutually  agree  that  a  different 

(Continued   on    paqe    7) 


Monday,  October    16,    1933 


MOTION  PICTURE 

DAILY 


Deputy  Sees  No  Legal  Snag  Ahead 


]No  Legal  Bar 
To  Fines  Seen 
By  Rosenblatt 


(.Continued   from   fane    1) 

determine    the    reasonableness    of    sal- 
aries?" he  was  asked. 

"All  relevant  and  material  elements," 
was  as  far  as  his  cautious  reply  went. 

"Can  the  code  authority  investigate 
the  reasonableness  of  salaries  paid 
under  existing  contracts,  or  is  this 
provision  limited  only  to  new  con- 
tracts?"  was  another   cjuestion. 

"The  code  authority  may  investigate 
anything  at  any  time,"  the  deputy  re- 
joined. 

"Is  it  expected  that  in  time  this 
provision  will  result  in  establishing  a 
maximum  limit  on  the  value  of  every 
professional  and  executive  in  Holly- 
wood?" was  the  third  query. 

Rosenblatt's  answer  was  confined  to 
one  word,  which  was  "No." 

Regardless  of  how  it  works,  if  at 
all,  talent  goes  scott  free,  since  the 
penalty  specially  hits  the  employer,  not 
the  employe.  Regardless,  as  well,  of 
how  major  executives  feel  about  it,  the 
public  reaction  to  wiedspread  news- 
paper publication  of  the  penalty  clause 
has  been  extremely  favorable,  said 
Rosenblatt. 

Code  work  remaining  to  be  cleaned 
up  includes  a  re-draft  of  the  former 
Article  10.  The  understanding  is  that 
its  terms  will  be  less  stringent.  Rosen- 
blatt also  divulged  the  fa.ct  that  he  had 
had  a  meeting  with  independent  pro- 
ducers and  distributors  late  Friday 
night.  The  meeting  was  satisfactory 
to  them,  according  to  the  deputy. 

Mrs.  Dorothy  Bryant  is  now 
for  the  code.  Difficulties  involving 
chorines  will  go  to  the  code  authority 
for  adjudication. 

The  insurgent  group  finally  got  its 
analysis  of  the  code  off  the  press  Sat- 
urday and  delivered  it  to  Rosenblatt. 
Forty-eight  pages  and  18,000  words  in 
length,  the  brief  charges  the  NRA 
code  with  "offending"  that  portion  of 
the  recovery  act  which  hits  at  monopo- 
lies, but  protects  small  enterprises. 


Block  Booking 
Is  Not  Ended, 
Brief  Asserts 


Billboards  Coming 
Back  in  Milwaukee 

Milwaukee,  Oct.  IS.  —  Billboards 
are  receiving  the  call  in  increasing 
numbers  by  local  boards  quite  con- 
sistently, having  plugged  "Emperor 
Jones"  in  this  manner  last  week  and 
"The    Bowery,"    current    attraction. 

Fox's  Wisconsin  is  using  the  boards 
to  advertise  Billy  Rose's  "Crazy 
Quilt." 


RKO  Day  and  Dating 
''Anger  Around  N.  Y. 

All  RKO  theatres  in  New  York 
and  New  Jersey  will  play  "I'm  No 
Angel"  day-and-date  for  one  week, 
the  start  of  the  run  contingent  on 
when  the  picture  winds  up  at  the 
New  York  Paramount.  Houses  with 
split-week  jKilicies  will  change  for 
the    run. 


IContimicd  from   page  6) 

form  be  used."  This  is  construed  as 
permitting  the  distributor  to  exact 
from  the  exhibitor  "a  contract  which 
may  be  more  onerous  or  objectionable 
than  the  standard  form." 

Want  Right  to  Buy  Clause 

From  the  standpoint  of  "the  un- 
privileged independent,"  the  most  im- 
portant matter  in  the  code  has  been 
omitted,  the  analysis  continues.  This 
is  the  right  to  buy. 

"All  that  the  exhibitors  have  de- 
manded in  this  regard  is  the  removal 
of  obstructions  to  the  free  flow  of 
commerce  and  the  elimination  of  un- 
fair competitive  practices  which  is  the 
very  policy  of  the  Industrial  Recovery 
Act.  .  .  .  There  can  be  no  code  of  fair 
comi>etition  worthy  of  the  name  if  this 
subject  is  not  honestly  dealt  with.  .  .  . 
We  readily  admit  that  the  adoption  of 
this  principle  makes  necessary  a  re- 
visit)n  of  the  distributors'  present  sales 
methods  and  policies,"  reads  the  brief, 
in  highlight,  in  this  connection. 

Returning  to  the  stand  taken  orig- 
inally by  Myers  on  foreign  films,  the 
brief  maintains  imported  product 
should  be  sold  on  its  merits  and  not 
made  a  condition  of  sale  with  domestic 
product.  The  independents,  therefore, 
argue  for  inclusion  of  a  clause  so 
specifying. 

Salacious  pictures  will  continue  as 
"an  abomination"  because  exhibitors 
are  compelled  to  buy  in  block,  it  is 
further  argued. 

Because  the  code  makes  no  mention 
of  score  charges,  the  independents  are 
also  disturbed.  The  argument  holds, 
generally,  that  scores  are  an  inherit- 
ance of  the  days  when  exhibitors  used 
discs. 

The  final  specific  point  has  to  do 
with  secret  rebates  which  were  ruled 
out  in  the  second  NRA  revision,  al- 
though present  in  the  first. 


Hollywood  Studios 
In  Production  Rush 

Hollywood,  Oct.  IS. — Despite  a 
general  feeling  of  dissatisfaction  over 
the  proposed  code  here,  production 
activity  is  at  a  new  high  level  with 
a  total  of  56  features  and  seven  shorts 
in  work  with  36  features  and  ten 
shorts  slated  to  start  within  the  next 
10  days.  In  addition  to  this  there  are 
36  features  in  the  final  stages  of  edit- 
ing and  12  shorts  in  the  same  stages. 

In  work  are  the  following :  M-G-M, 
9;  Fox,  6;  Paramount,  8;  Roach,  1; 
Goldwyn,  2;  20th  Century,  4;  Univer- 
sal. 5:  Columbia,  2:  Warners,  4; 
Radio,  2  ;  Monogram,  3  ;  independents, 
10.  Starting  next  week  are:  M-G-M, 
7 ;  Fox,  6 ;  Paramount,  4 ;  20th  Cen- 
tury, 2;  Universal,  4;  Columbia,  3; 
Warners,  S  ;  Radio,  4;  Monogram,  3; 
independents,   8. 


Authority  Is  Set 

Washington,  Oct.  15. — As- 
serting again,  as  he  has  many 
times  in  the  last  few  days, 
that  the  code  authority  per- 
sonnel is  set,  or  almost  en- 
tirely so,  in  his  mind,  Deputy 
NRA  Administrator  Sol  A. 
Rosenblatt  said  today  the 
names  may  appear  in  the 
final  code  form.  As  the  NRA 
draft  was  released  publicly, 
the  clause  so  dealing  was  left 
blank. 


Operators'  Scales 
Up  in  K.  C.  Houses 

Kansas  City,  Oct.  IS. — Under  new 
contracts  negotiated  by  the  three 
downtown  first  runs  here  with  Local 
170,  I.  A.  T.  S.  E.,  operators'  salaries 
have  been  increased  from  $69.60  to 
$82.50  per  week.  The  latter  is  now 
the  basic  scale  at  Loew's  Midland, 
the  RKO  Mainstreet  and  the  Fublix 
Newman.  Four  operators,  two  to  a 
shift,  are  employed  at  each  house. 

Technically,  the  new  scale  is  not 
considered  a  ijoost  over  the  previous 
scale,  as  the  old  wage  represents  a  cut 
from  a  $120  top  provided  in  basic 
scale  contracts  effective  Sept.  1,  1930, 
for  two  years.  Upon  concessions  by 
the  union,  these  contracts  were  later 
extended.  Cuts  three  months  apart 
brought  the  top  down  to  $96.05,  then 
$87.  Following  the  bank  closures  last 
April,  the  union  granted  a  further 
reduction,  agreeing  to  $69.60  until 
Aug.  31,  this  year. 

In  negotiating  new  contracts,  the 
union  sought  to  restore  salaries  to  the 
$87  level,  but  after  several  weeks  of 
dickering  finally  compromised  on 
$82.50,  which  is  retroactive  to  Sept.  1, 
this  year.  The  custom  of  entering  into 
two-year  contracts  has  been  discarded 
in   favor  of   12-month  agreements. 

Still  in  progress  are  new  contract 
negotiations  with  Local  31,  I.  A.  T. 
S.  E.,  comprising  stage  employes  and 
electricians.  The  union,  last  April, 
conceded  a  20  per  cent  slash,  from  ap- 
proximately $84  to  $67.15,  and  now 
demands  a  25  per  cent  increase,  which 
would  restore  salaries  to  the  old  level. 
The  major  circuits  are  insisting  on  a 
lower  figure. 


Adjustments 
May  Come  in 
Labor  Terms 


(Continued  from  [>aye   1) 

salaries  readjusted,  according  to  the 
merits  of  each  of  such  cases. 

The  fact  that  Rosenblatt  has  indi- 
cated to  M.  B.  Horwitz,  Cleveland 
exhibitor,  that  the  contract  for  oper- 
ators dated  Sept.  1  calling  for  a  10 
per  cent  reduction  will  not  be  affected 
by  the  Aug.  23  date  was  recognized 
here  over  the  week-end  as  construable 
as  establishing  a  precedent  for  con- 
tracts signed  after  the  date  provided 
for  in  the  code. 

I.  A.  T.  S.  E.  men,  however,  are 
known  to  feel  this  clarifies  a  portion 
of  the  labor  situation,  but  still  remain- 
ing to  be  cleared  is  what  happens  to 
contracts  prior  to  the  specified  code 
date.  It  now  appears  that  labor  may 
not  have  scored  so  complete  a  victory 
as  the  surface  indications  pointed 
Friday  night. 

A  man  familiar  with  labor  provi- 
sions in  detail  yesterday  declared  the 
new  Section  10,  which  calls  upon  labor 
and  exhibitors  to  "pledge  themselves 
to  attempt  to  mediate"  disputes  broad- 
ens the  intent  rather  than  narrows  it 
down.  Elsewhere  in  the  code  unions 
are  banned  from  striking  and  em- 
ployers are  banned  from  lockouts 
"pending  determination  of  any  disputes 
as  above  specified." 

Concerns  New  Deals 

What  is  referred  to  there  concerns 
disputes  on  existing  contracts.  The 
new  Section  10  goes  further  and  con- 
cerns negotiations  for  new  deals.  As, 
for  example,  if  exhibitors  are  paying 
a  certain  scale  and  insist  upon  a  reduc- 
tion which  the  union  opposes,  the 
"attempt  to  mediate"  provision  holds 
rather  than  precipitates  a  condition 
where  either  labor  or  employer  may 
walk  out  on  each  other.  The  inference 
is  any  attempt  not  to  mediate  would 
be  a  violation  of  the  code. 


Cincinnati  Grosses 
Show  Decided  Gains 

Cincinnati,  Oct.  15.— There  are 
definite  indications  here  that  business 
is    on   the   up    and   up. 

The  RKO  Palace,  vaudefilm,  with 
"Strike  Me  Pink"  and  "Rafter  Ro- 
mance" on  the  screen,  grabbed  $18,- 
500,  the  best  stanza  this  house  has 
had    so    far. 

"Dinner  at  Eight"  roadshow  at  the 
Shubert,  rang  up  an  estimated  $17,- 
000,  which  is  ahead  of  any  roadshow 
picture  in  the  past  several  years.  "I 
Loved  a  Woman"  registered  around 
$7,000  at  Keith's. 

Both  pictures  were  held  over,  as 
was  "Waltz  Time,"  at  the  Mayfair, 
which  opened  last  week  under  man- 
agement of  Kathryn   Turner. 


Ohio  MPTO  Not  in 
Wire  Moves — Wood 

(Continued  from  page   1) 

said  his  association  is  not  a  party  to 
a  campaign  by  wire  to  influence  the 
President  on  the  code.  He  said  in 
part : 

"I  have  been  directed  by  a  large 
group  of  independent  theatre  own- 
ers in  Ohio  to  convey  to  the  Presi- 
dent that  this  plan  is  not  approved 
by  a  group  for  which  I  speak,  nor 
are    we    a    part    to    it." 

Later   on   the  telegram   read : 

"We  are  certain  the  President  and 
his  administration  will  formulate  a 
code  that  will  be  fair  to  independent 
theatre  owners  and  to  the  industry 
as   a   whole." 

Motion  Picture  Daily  under- 
stands that  Administrator  Hugh  S. 
Johnson  is  burnt  up  over  the  Allied 
telegraphic    campaign. 


MOTION  PICTURE 

DAILY 


Monday,   October    16,    1933 


"Vickers"  Is 
$93,789  Draw 
At  Music  Hall 


"Ann  Vickers"  shoved  the  RKO 
Music  Hall  gross  up  to  $93,789,  above 
the  previous  week's  draw  on  "My 
Weakness"  by  about  $5,000. 

The  other  big  noise  on  Broadway 
was  "The  Bowery"  at  the  Rivoli 
which  got  off  to  a  flying  start  with 
$45,000,  more  than  double  the  second 
week's  take  on  "Emperor  Jones," 
which  preceded   it. 

With  "Stage  Mother"  on  the  screen, 
the  Capitol,  at  $27,877,  showed  some 
improvement  over  the  previous  week, 
when  Aimee  Semple  MacPherson 
kept  customers  away  in  large  num- 
Ibers.  "Too  Much  Harmony"  was 
good  for  $35,800  in  its  second  week 
at  the  Paramount. 

Estimated  takings : 

Week  Ending  Oct.  4: 
"BERKELEY  SQUARE"  (Fox) 

GAIETY— (808).     55c-$l-65.     3rd     week,     7 
days.     Gross:    $9,000. 
"WILD   BOYS  OF  THE   ROAD"   (F.N.) 
HOLLYWOOD    —    (1.545).      2Sc-85c,     2nd 
week,  7  days.     Gross:   $8,217. 

"ANN    VICKERS"    (Radio) 
RKO   MUSIC   HALL— (5.945).   35c-$1.65,   7 
days.     Stage   show.     Gross:   $93,789. 

"I  LOVED   A  WOMAN"    (F.N.) 
STRAND— (2.000).    25c-85c,    2nd    week,    7 
days.     Gross:    $23,520. 

Week   Ending  Oct.  5: 

"THE  POWER  AND  THE  GLORY"  (Fox) 

CAMEO— (549).  25c-40c.  7  days.  Gross: 
$L932. 

"STAGE   MOTHER"   (M-G-M) 

CAPITOL— (4.700).       35c-$1.65.      7       days. 
Stage:      Boswell     Sisters.     Herb     Williams, 
Edwin  C.  Hill  and  others.     Gross:  $27,877. 
"THE  POWER  AND  THE  GLORY"  (Fox) 

PALACE— (2.500).  25c-75c.  7  days.  Stage 
show.     Gross:   $13,500. 

"TOO   MUCH    HARMONY"    (Para.) 

PARAMOUNT— (3,700).  35c-99c.  2nd  we'ek, 
7     days.       Stage:     Ethel     Merman.     Borrah 
Minevitch    and   others.     Gross:   $35,800. 
"BRIEF    MOMENT"    (CoL) 

ROXY— (6,200).  25c-55c,  7  days.  Stage: 
Gus  Van.  also  8  acts,  Dave  Schooler  and 
band.     Gross:  $27,500. 

Week  Ending  Oct.  6: 

"S.O.S.   ICEBERG"   (Univ.) 

CRITERION— (850).  55c-$1.65,  2nd  week, 
7  days.     Gross:   $5,500. 

"MOONLIGHT   &   PRETZELS    (Univ.) 

— 4  days 

"SECRET  OF   THE   BLUE   ROOM" 

(Univ.) — 3    days 

RKO     ROXV-(3,700).     25c-.55c.     7     days. 

Gross:   $11.1.30, 

"THUNDER   OVER   MEXICO" 
(Principal) 
RIALTO— (2.200).     40c-65c,     2nd     week.     7 
days.     Gross:   $9,500. 

Week  Ending  Oct.  8: 
"DINNER  AT  EIGHT"  (M-G-M) 

ASTOR-(1,012),  55c-$1.65.  6th  week,  7 
days.     Gross:  $17,749, 

"THE    AVENGER"    (Monogram) 

MAYFAIR-(2,300).  3Sc-85c,  7  days. 
Gross:    $8,000. 

Week  Ending  Oct.  10: 

"THE   BOWERY"   (U.A.) 

RIVOLI— (2.200),  40c-8Sc,  7  days.  Gross: 
$45,000. 


She's    "Curvacious" 

Hollywood,  Oct.  15.— "Cur- 
vacious,"  the  Mae  West  de- 
scriptive adjective  coined  by 
Blake  MacVeigh  of  Para- 
mount's  publicity  depart- 
ment, will  be  listed  in  the 
next  edition  of  Funk  and 
WagTiall's   dictionary. 


i  Behind  the  Make-Up  ► 


Cliff  Hess,  song  and  story  writer 
for  \'itaphone,  recently  had  four  teeth 
pulled.  He  says  he  is  going  to  have 
the  rest  fixed  before  Mayor  O'Brien 
puts  that  bridge  tax  through.  He 
signed  another  year's  contract  the 
other  day  to  write  songs  for  forth- 
coming Vitaphone  musicals. 

*  *     * 
Completion   of   the   Arnold   Bennett 

"Great  Adventure"  production  is  be- 
ing held  up  until  Larry  Williams  and 
Jack  Schultz,  who  have  just  left  for 
London,  return  with  better  atmos- 
pheric shots  which  are  to  be  used  for 
background  scenes  than  the  ones  the 
company  originally  had. 

*         >|:  ^ 

Milton  Singer,  Lee  Stewart's  assist- 
ant at  Vitaphone,  is  a  good  studio 
casting  man.  but  at  rod  and  reel  cast- 
ing he's  different.  He  is  back  on  the 
job  now  with  a  foot  bandaged  and 
carrying  a  cane.  He  claims  he  had  a 
big  fish  on  the  hook  and  it  pulled  him 
off  the  boat  and  into  the  propeller. 

*  *     * 

L.  W.  Davee,  former  studio  man- 
ager of  the  Bronx  plant,  is  now  in 
charge  of  the  main  studio  of  Eastern 
Service  in  Astoria.  Jack  Aichle,  who 
has  been  casting,  assisting  director, 
etc.,  is  now  in  charge  of  building  and 
maintenance  at  Astoria.  Arthur 
Koenig  has  been  made  chief  property 

man. 

*  *     * 

The   drug   store   across   from   Vita- 


phone has  been  forced  to  order  addi- 
tional stocks  of  witch  hazel  and  arnica 
since  the  14  dancing  beauties  at  the 
studio  have  taken  up  bicycling.  The 
girls  have  been  practicing  day  and 
night  for  the  past  two  weeks  for  a 
scene  in  the  Molly  Picon  three-reel 
musical  that  Joe  Henabery  is  direct- 


Chester  Erskine,  the  well-known 
stage  producer,  a  short  time  ago 
turned  his  talents  toward  production 
and  recently  completed  one  of  the 
first  of  the  pictures  to  be  made  in 
the  East  in  four  or  five  years.  The 
picture  is  called  "Midnight,"  and  will 
soon  be  released  by  a  major  company. 
Erskine  intends  to  produce  four  or 
five  more  this  season.  The  old  Bio- 
graph  studios  up  in  the  Bronx  are  be- 
ing rehabilitated  for  that  purpose. 

John  Henry  McKee,  formerly  with 
Harris  &  Cohen,  William  A.  Brady, 
Charles  Frohman,  the  Shuberts  and 
many  other  stage  producers,  has  just 
completed  direction  of  "The  New 
Deal  in  Living,"  an  NRA  production. 
This  young  fellow  has  had  a  busy  time 
of  it  lately,  what  with  staging  the 
.\merican  version  of  "None  So  Blind," 
which  is  to  be  released  by  Helber 
Pictures,  and  directing  "Ring  Prob- 
lems," a  DeFrenes  production.  Jack  is 
now  negotiating  with  Pinnacle  Prod, 
to  direct  four  of  their  1934  output. 

ED    DAWSON 


"Harmony"  Is 
$9,000  Smash 
Denver  Draw 


Denver,  Oct.  15.— "Too  Much 
Harmony"  took  the  top  spot  by  giv- 
ing the  Denham  double  an  average 
gross,  $9,000.  It  was  held  for  an  ad- 
ditional three  days.  This  house  is 
still  having  at  least  one  holdout  a  day. 

"Night  Flight"  also  turned  in  $8,- 
000,  over  average  for  the  Denver  by 
$2,000,  with  steady  crowds  all  week. 
The  Empress  became  a  first  run 
house  for  a  week  and  had  several 
standouts  and  repeated  full  houses  to 
go  to  $7,500  for  the  week  with  "Back 
to    Nature." 

Total  first  run  business  was  $40,400, 
including  the  $7,500  at  the  Empress. 
Average  is  $28,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  12: 

"MY   WEAKNESS"    (Fox) 

ALADDIN— (1,500),  25c-40c,  7  days. 
Gross:    $2,800.        (Average,    $3,000.) 

"TOO   MUCH    HARMONY"    (Para.) 

DENHAM    —     (1,500).        25c-30c-40c.        7 
days.    Gross:    $9,000.       (Average,    $4, .500.) 
"NIGHT  FLIGHT"   (M-G-M) 

DENVER-(2.500),  25c-35c-40c,  7  days. 
Gross:     $8,000.         (Average.    $6,000.) 

"BACK    TO    NATURE"    (Sheffield) 

EMPRES.S-- (2.000),  25c-40c,  7  days. 
Gross:    $7,500. 

"SOLITAIRE    MAN"    (M-G-M) 
ORI'H EUM— (2.600),    25c-35c-55c,    7    days. 
Stace     show.        Gross:     $7,5(X).         (Average, 
$8,000.) 

"DELUGE"     (Radio) 
PARAMOUNT— (2.600),     25c-40c,    7    day.s. 
Gross:     $3,200.        (Average,     $3,500.) 
"THE    BIG    BRAIN"    (Radio) 
TABOR,-(2,()00).    20c-25c,    7    days.    Gross: 
$3,400.      (Average,  $3,500.) 


"Harmony"  Is 
$12,000  Top, 
Kansas  City 


Kansas  City,  Oct.  15. — "Too  Much 
Harmony"  was  such  an  outstanding 
draw,  the  Newman  held  it  over  the 
weekend  and  finished  the  10  days  with 
$12,000.  Swell  business  was  also  done 
by  "Turn  Back  the  Clock,"  which  tal- 
lied $11,000  at  the  Midland.  "Morn- 
ing Glory"  jumped  $1,500  over  aver- 
age for  a  take  of  $8,500  at  the  Main- 
street,  while  "Dr.  Bull,"  in  its  second 
week,  went  to  $3,000,  the  Uptown 
moving  up  its  opening  day  to  Satur- 
day. 

Total  first  run  h'ls'npss  was  $34,- 
500.    Average  is  $28,500. 

Estimated  takings  : 

Week  Ending  Oct.  5: 

"MORNING  GLORY"   (Radio) 

MAINSTREET— (3.049),  25c-40c,  7  days. 
Gross:    $8,500,      (Average.  $7,000.) 

Week  Ending  Oct.  6: 

"TURN   BACK  THE  CLOCK"   (M-G-M) 

MIDLAND— (4,000).  25c.  7  days,  plus 
Saturday  midnight  show.  Gross:  $11,000. 
(Average,    $10,000,) 

"DR.    BULL"    (Fox) 

UPTOW.N— (2.000),  25c-40c.  6  days,  2nd 
week.     Gross:  $3,000,     (Average.  $2,500.) 

Week  Ending  Oct.  8: 

"TOO    MUCH    HARMONY"    (Para.) 

NEWMAN— (2,000),  2.5c-40c,  10  days,  plus 
Sa'urday  midnight  shows.  Gross:  $12,000. 
\.A\  Tagfe,   $9,000.) 


<t 


T 


World  Changes"  Oct.  25 

Warners  will  open  "The  World 
Changes,"  in  which  Paul  Muni  is 
starred,  at  the  Hollywood  Oct.  25. 


a 


99 


Penthouse,' 
At  $58,000, 
Chicago  High 


Chicago,  Oct.  15. — Some  of  the 
Legionnaires  here  for  the  big  con- 
clave found  time  to  patronize  Loop 
theatres  and  as  a  result  good  takes 
weri  hung  up  in  at  least  two  spots. 
B.  &  K.'s  Chicago  had  a  fine  week, 
the  gross  being  $58,000  with  "Pent- 
house" on  the  screen  and  Pat  Rooney 
and  Sally  Rand  heading  the  stage 
show.  "Penthouse"  got  a  big  play 
in  the  newspapers  and  went  into  the 
Roosevelt  for  a  second  week  in  the 
Loop. 

The  other  outstanding  spot  was  the 
United  Artists  where  "Voltaire" 
crashed  through  for  a  strong  $19,000 
for  its  first  week.  "Lady  for  a  Day" 
also  gave  McVickers  a  healthy  $12,000 
for  its  second  Loop  week  following 
a  previous   week  at  the   Palace. 

Total  first  run  business  was  $130,- 
800.    Average  is  $120,600. 

Estimated  takings  :  ■ 

Week  Ending  Oct.  3: 

"THE  POWER  AND  THE  GLORY"  (Fox) 

O'RIENTAL— (3,940),    30c-40c-60c,    7    days. 
Gross:    $10,000,      (Average,    $23,000.) 
"VOLTAIRE"  (Warners) 

UNITED  ARTISTS— (1,700),  30c-40c,60c,  7 
days.      Gross:    $19,000.      (Average.    $17,000.) 

Week  Ending  Oct.  5: 

"PENTHOUSE"    (M-G-M) 

^CHICAGO^(4,00O),  35c-50c-68c,  7  days. 
.Stage:  Fat  Rooney,  Sally  Rand.  Cherniav- 
sky.  Gross:  $58,000.  (Average,  $34,600.) 
"ONE  MAN'S  JOURNEY"  (Radio) 
PALACE  —  (2,509,  35c-50c-75c,  7  days. 
Stage:  Lou  Holtz,  June  Knight.  Lew  Pol- 
lack &  Co.  Gross:  $22,000.  (Average,  $22,- 
000.) 

Week  Ending  Oct  6: 
"LADY  FOR  A  DAY"   (Col.) 

(Second   Loop   Week) 
MCVICKERS— (2,284).  30c-4Oc-6Oc,  7  days. 
Gross:    $12.0C0,      (Average,    $13,000.) 
"TURN  BACK  THE  CLOCK"   (M-G-M) 
ROOSEVELT— (1.591).  25c-35c-50c,  7  days. 
Grosss    $9,800.      (Average,   $11,000.) 


I 


Tec- Art  Equipment 
Brings  in  $25,000 

Hollywood,  Oct.  IS.  —  The  two- 
week  auction  of  equipment  formerly 
owned  by  the  bankrupt  Tec-Art  Stu- 
dios yielded  in  the  neighborhood  of 
$25,000. 

The  trustees'  original  estimate  was 
$17,000  for  the  entire  lot. 

Prudential,  having  taken  over  the 
studio,  is  speeding  ahead  with  plans 
to  prepare  the  sound  stages  and  of- 
fices for  immediate  production,  an  an- 
nouncement   to    be    forthcoming    soon. 


"A  Man's  Castle" 

(Columbia) 
Hollywood,  Oct.  15. 
This  first  Screen  Guild 
production  for  Columbia  is 
a  tender,  beautiful  film  in  the 
"Seventh  Heaven"  mood.  It 
reveals  radiant  romance  amid 
the  squalor  of  a  squatter's 
colony  of  unemployed.  Spen- 
cer Tracy  projects  a  great 
heart-warming  portrait.  Lor- 
etta  Young  gives  her  best 
performance  to  date.  Frank 
Borzage's  direction  hits  the 
heart.  It  is  a  fine  production 
and  fine  entertainment.  An 
extended  review  will  appear 
in  Motion  Picture  Daily  later. 
VIC    SHAPIRO 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  91 


NEW  YORK,  TUESDAY,  OCTOBER  17,  1933 


TEN  CENTS 


Goldsmith  Is 
Renamed  Head 
Of  Engineers 

Election  Marks   Opening 
Of  Chicago  Session 


Chicago,  Oct.  16.— Dr.  Alfred  N. 
Goldsmith  was  re-elected  president  of 
the  Society  of  M.  P.  Engineers  by  a 
margin  of  one  vote  over  L.  A.  Jones 
of  Eastman  Kodak  Co.,  at  the  society's 
convention  which   opened  here  today. 

Other  officers  elected  are :  O.  M. 
Glunt  of  the  Bell  Telephone  Labora- 
tories, and  A.  C.  Hardy,  vice-presi- 
dents ;  J.  H.  Kurlander,  re-elected 
secretary,  and  T.  E.  Shea  of  Bell 
Telephone,  elected  treasurer. 

W.  B.  Rayton  of  Bausch  &  Loinb 
was  elected  a  director  and  Herbert 
(Continued  on  page  2) 


Franklin  Returns; 
Will  Remain  Here 

Abandoning  his  original  plan  for 
a  three  weeks'  visit  in  Hollywood, 
Harold  B.  Franklin,  who  resigned 
last  week  as  head  of  RKO  theatres, 
returned  yesterday  from  a  week-end 
vacation  undecided  on  immediate 
future  plans. 

"I  need  a  rest,"  Franklin  said  yes- 
terday. "I  may  spend  two  or  three 
weeks  here  in  New  York  just  cleaning 

{Continued  on  page  2) 


Newman  Forms  New 
Circuit  in  the  West 

Portland,  Oct.  16. — The  Empire 
Amusement  Co.  has  been  incorporated 
by  Frank  L.  Newman,  Sr.,  Al  Rosen- 
berg and  Al  Finklestein,  with  head- 
quarters in  Spokane,  to  operate  a  cir- 
cuit of   subsequent   runs. 


This  is  understood  to  be  one  of  the 
units  which  will  operate  under  reor- 
ganized plans  for  Fox  theatre  units 
throughout  the  country.  Newman  vas 
in  New  York  last  week  conferring 
with  Spyros  Skouras  on  theatre  re- 
alignments. 


N.  Y,  Lawyers  Buy 
Fox  N,  E.  1st  Bonds 

Hartford,  Oct.  16. — First  mortgage 
bonds  of  the  Fox  New  England  The- 
atres, Inc.,  valued  at  $3,326,000,  were 
sold  at  the  Fox  Capitol  Theatre  here 
today  by  Special  Master  Thomas  J. 
Stellacy  for  $650,000.  The  purchas- 
ers were  John  A.  McNaughton  and 
W.    B.    F.    Rogers,    attorneys    of    15 

(Continued  on  Pafic  4) 


Theatre  War 
Gets  Hotter 
About  Frisco 


Low-Priced  Houses  Fight 
Top  Chargers  for  Lead 


San  Francisco,  Oct.  16. — A  bat- 
tle is  raging  on  the  theatre  front 
here.  Mobilization  of  all  entertain- 
ment forces  has  been  going  on  during 
the  past  few  weeks,  and  it  looks  like 
a  fight  to  the  finish  between  the  high- 
priced  houses  and  the  low-priced 
houses. 

Among  the  top  chargers  here  (55 
and  65  cents  general  admission)  are 
the  Warfield,  Paramount  and  Gol- 
den Gate.  Lining  up  on  the  other 
side  are  Orpheum  (40  cents)  ;  United 
Artists  (40  cents)  ;  Fox  (25  cents)  ; 
Embassy  (40  cents),  and  St.  Francis 
(40  cents). 

The  Orpheum  and  Fox,  biggest 
fighters  of  FWC,  have  started  stage 
units.    The  former  has  F.  &  M.  stage 

{Continued  on  page  2) 


NIRA  Wins  in  First 
Wisconsin  Decision 

Milwaukee,  Oct.  16.^Labor  won  a 
preliminary  victory  here  when  Circuit 
Judge  John  J.  Gregory  granted  an 
injunction  restraining  the  Simplex 
Shoe  Manufacturing  Co.  from  interfer- 
ing with  attempts  of  its  employes  to 
unionize.  In  the  first  decision  in  the 
country  bearing  on  the  provisions  of 
the  national  industrial  recovery  act, 
the  judge  held  that  the  shoe  firm  had 
{Continued  on  page  4) 


Most  of  Cleveland 
Duals  End  by  Vote 

Cleveland,  Oct.  16. — Double  fea- 
tures were  reduced  to  one  showing  a 
week  starting  yesterday  by  vote  of 
the  Cleveland  M.  P.  Exhibitors'  Ass'n. 
Exceptions  have  been  made  in  two 
instances.  Downtown  subsequent  run 
houses  will  be  allowed  to  continue  to 
play  duals.  And  in  the  outskirts,  sub- 
sequents  will  be  permitted  to  play  two 

{Continued  on  pane  4) 


Detroit's  Booking 
Suit  Is  Postponed 

Detroit,  Oct.  16. — Hearing  on  the 
suit  filed  against  Mid-States  Theatres 
Corp.  by  Leon  Krim  and  A.  Rutten- 
berg,  which  was  to  have  come  up  to- 
day, has  been  postponed  30  days,  the 
temporary  injunction  continuing  in 
force  meanwhile.  A  meeting  has  been 
called  for  Wednesday  to  organize  a 
local   M.P.T.O.  unit. 


No  Finish  Date 

Washington,  Oct.  16. — "How- 
soon  in  your  opinion  will  the 
code  be  in  the  President's 
hands  for  signature,"  Deputy 
NRA  Administrator  Sol.  A. 
Rosenblatt  was  asked  today. 

"I  have  no  idea,"  was  his 
four-word  reply. 


Allied  Calls 
For  Chicago 
Code  Meeting 


Washington,  Oct.  16. — Allied  to- 
day issued  a  call  for  a  general  mass 
meeting  of  its  members  at  the  Con- 
gress Hotel  in  Chicago  for  Oct.  24, 
because  its  leaders  "feel  the  gravity 
of  the  situation  requires  they  present 
to  independent  theatre  owners  and 
other  interested  persons  full  details 
as  to  the  procedure  followed  by 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  in  preparing  a  code." 
The  statement  read  further : 
"It  was  the  consensus  of  opinion 
that  while  leaders  who  have  been  at- 
tending    the     conferences    were    fully 

{Continued  on  page  4) 


Coast  Actors  Wire 
President  on  Code 

Hollywood,  Oct.  16. — Charges  that 
any  attempt  to  control  actors'  salaries 
would  be  contrary  to  the  spirit  of  the 
NRA  were  made  at  a  meeting  of  1,500 
actors  at  the  El  Capitan  Sunday  night. 

After  a  series  of  speeches  by  Eddie 
Cantor,  who  presided,  and  John  How- 
ard   Lawson,    Ralph    Block,    Fredric 

{Continued  on  page  4) 


Hearing  on  Indies' 
Analysis  Expected 

A  hearing  in  Washington  on  the 
independent  group's  code  analysis 
will  be  held  either  late  today  or  some 
time  tomorrow,  W.  Ray  Johnston, 
president  of  Monogram,  stated  yes- 
terday. 

Johnston  said  that  the  independ- 
ents   who     returned     to     New     York 

{Continued  on   page  4) 


Warner  Reports  NRA 
Pay  Up  by  $505,500 

Hollywood,  Oct.  16. — Jack  L.  War- 
ner, chairman  of  the  NRA,  reports 
a  $505,500.75  total  payroll  increase  in 

{Continued  on   page  4) 


Pending  Code 
Points  Prove 
Troublesome 


Many   Changes   Coming, 
Rosenblatt  Says 


By    RED    KANN 

Washington,  Oct.  16. — While  the 
code  in  its  second  revised  form  may 
be  85  per  cent  set  as  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  de- 
clared last  Tuesday,  the  final  15  per 
cent  is  proving  troublesome,  but  a 
revised  draft  may  be  ready  Tuesday. 

Today  the  deputy  acknowledged  that 
many  changes  were  impending,  "some 
of  them  important,"  and  for  that  rea- 
son he  refused  to  predict  when  the 
third  and  what  is  expected  to  be  the 
final    draft    would    be    ready. 

Pressed  for  light  on  what  source 
was  insisting  upon  revisions,  Rosen- 
blatt merely  replied :  "Perhaps  some 
on  my  part."  The  code  in  its  present 
form  lacks  completion  principally  be- 
cause of  the  delicate  task  of  setting 
down  the  intent  of  various  clauses  in 
phraseology  containing  the  points  in- 
sisted upon  by  protesting  groups. 
Semi  and  actually  legal  language 
used    in   many    instances    has    resulted 

{Continued  on   page  4) 


Code  Violation  to 
Go  to  Trade  Body 

Washington,  Oct.  16. — Violations 
under  the  Code  are  heading  for  study 
and  clearance  through  the  Federal 
Trade  Commission  under  the  Admin- 
tration's  plans.  This  is  in  keeping  with 
the  commission's  present  scope. 

The  plan,  as  discussed  here,  would 
provide  that  violations  are  to  be  turned 
over  to  the  Department  of  Justice  for 
action,  since  the  commission  has  no 
enforcement  powers. 


Courts  Open 

Washington,  Oct.  16.— Noth- 
ing in  the  NIRA  will  pre- 
vent a  disgruntled  individual 
from  suing  through  the 
courts,  it  became  known  to- 
day. Deputy  NRA  Adminis- 
trator Sol.  A.  Rosenblatt  so 
stated  when  he  was  asked 
what  would  be  the  procedure 
if  an  individual  refused  to 
abide  by  a  decision  of  the 
code  authority. 


MOTION  PICTURE 

DAILY 


Tuesday,  October  17.   1933 


MOTION  PICTURE 

DAILY 

Resristered  U.   S.   Patent  Office 

Formerly    Exhibitors    Daily    Revitw 

and    Motion    Pictures    Today 


Vol.  34 


October   17.    1933 


No.   91 


Martin  Quigley 

Editor-in-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 
Advertising  Manager 


^•\W\  PUBLISHED  daUy,  except  Sunday 
/  11  J  and  holidays,  by  Motion  Picture 
N^<  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway.  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford. 
Manager. 

London  correspondent:  W.  H.  Mooring. 
41  Redbill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre.  19  Rue  de 
Cour  des-Noues. 

Entered  ai  second  class  mat- 
ter 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;  Canada  and  foreign 
$15.      Single   copies:    10    cents. 


vNRA^ 


Franklin  Returns; 
Will  Remain  Here 


(Continued  from    page    1) 

up  my  affairs  at  RKO  and  resting. 
If  it  were  earlier  in  the  season,  I'd 
like  to  take  a  long  vacation  in 
Europe.  I'll  probably  decide  during 
the  week  and  may  go  out  to  the  west 
coast  for  a  while,  after  all." 

Franklin's  resignation  was  effective 
Sunday  and  no  successor  has  been 
nained  in  the  interim  by  M.  H.  Ayles- 
worth,  RKO  president.  Meanwhile, 
Phil  Reisman,  assistant  to  Franklin, 
is  taking  over  some  of  the  latter's 
duties  under  the  direction  of  Ayles- 
worth  and  J.  R.  McDonough,  Ayles- 
worth's  assistant. 

Franklin  reiterated  yesterday  that 
he  was  leaving  RKO  "with  the  best 
of  feelings  for  the  company  and  every- 
one in  it."  He  said  he  expected  to 
oi>en  Radio  City  offices  "in  about  three 
weeks"  and  would  begin  to  make  plans 
for  his  projected  production  venture 
at  that  time. 

"I  have  no  production  associates 
yet,"  Franklin  said,  "and  haven't  even 
approached  anyone  in  connection  with 
my  plans." 

He  said  he  favored  the  east  as  a 
center  for  his  production  activities. 


Big  Sign  for  O'Brien 

What  is  asserted  to  be  "one  of  the 
largest  signs  ever  used  in  a  political 
campaign"  is  being  erected  by  the 
Democratic  Theatrical  Division  on 
the  front  of  the  Criterion  Theatre 
here.  A  feature  of  the  display  will 
be  a  14-foot  portrait  of  Mayor 
O'Brien.  A  speakers'  platform  will 
be  at  the  base  of  the  sign. 


Goldsmith  Is 
Renamed  Head 
Of  Engineers 


(Continued   from    page    1) 

Griffin  of  International  Projector 
Corp.   was  re-elected  to  the  board. 

Almost  100  members  were  register- 
ed here  by  noon  with  the  expectation 
that  the  meeting  will  attract  twice 
that  number. 

Donald  Bean  of  the  University  of 
Chicago,  addressing  the  luncheon  ses- 
sion, stressed  the  educational  value  of 
films  and  took  issue  with  the  code  at- 
tempts to  bar  historical  pictures  from 
showing  outside  of  theatres. 

Goldsmith,  in  his  address  later,  said 
he  saw  no  threat  to  theatres  frorn 
educational  picture  competition.  Pro- 
posed changes  in  the  constitution  and 
by-laws  occupied  the  afternoon  session 
and  the  creation  of  five  new  executive 
vice-president  posts  to  assist  the  presi- 
dent was  still  being  debated  as  the 
meeting    closed   tonight. 


Wynn  to  Visit  President 

Hollywood,  Oct.  16. — Ed  Wynn 
leaves  for  Washington  Wednesday  to 
vMsit  President  Roosevelt. 


Theatre  War 
Gets  Hotter 
About  Frisco 


U,  A,  Appoints  Two 
To  Foreign  Offices 

Two  new  appointments  have  been 
made  by  United  Artists  in  its  program 
of  foreign  expansion.  Williard  G. 
Triest  of  the  foreign  department  here 
has  been  named  district  manager  for 
the  company  in  the  Scandinavian 
countries,  the  Baltic  States  and  Ger- 
many. He  will  sail  for  his  new  post 
on  Oct.  20  aboard  the  Paris  and  will 
make  his  headquarters  in   Stockholtn. 

Lester  Sussman  has  been  appointed 
manager  of  United  Artists'  new  office 
in  San  Juan,  Porto  Rico.  He  sails 
from  New  York  the  latter  part  of 
the  month. 


(Continued  from  page   1) 

shows  and  the  Rube  Wolf  band ;  in 
the  latter  is  the  Ted  Fio-Rito  band 
and  a  girl  lineup.  With  prices  way 
down,  these  houses  are  stealing  quite 
a  bit  from  the  top-chargers,  who,  sev- 
eral months  ago,  had  a  tight  hold  on 
the    first    run    situation. 

Now  the  United  Artists  comes  in 
with  the  new  20th  Century  product 
and  the  standard  U.  A.  output  at  40 
cents  top.  "The  Bowery,"  now  in, 
has  been  packing  them  in.  In  the 
meantime,  FWC's  own  houses,  the 
Embassy  and  St.  Francis,  are  taking 
away  some  of  the  trade  from  the  two 
bigger  spots,  the  Warfield  and  Para- 
mount. Another  FWC  house,  the 
El  Capitan,  is  humming  along  nicely 
in  the  town's  largest  district,  the 
Mission,  and  keeping  a  lot  of  custom- 
ers in  their  own  neighborhood. 

Last  week  there  were  11  big 
house  vying  for  grosses  here.  That 
means   tremendous   overseating. 


Blumenstock  Given 
Dave  Weshner  Post 

Mort  Blumenstock,  who  has  been 
handling  Warner  theatre  advertising 
and  publicity  in  the  east,  has  been 
named  successor  to  Dave  Weshner, 
who  last  week  was  appointed  manager 
of  the  company's  theatres  in  Wiscon- 
sin, with  headquarters  in  Milwaukee. 


LandowPhillyBoardHead 

Philadelphia,  Oct.  16.- — Michael 
Landow  of  Universal  has  been  elected 
president  of  the  Film  Board  of  Trade 
here.  Robert  Mochrie  is  vice-presi- 
dent and  Jack  Greenberg  remains  as 
secretary. 


Herschel  Stuart  in  N.  Y. 

H'erschel  Stuart,  whose  special 
assignment  directing  Paramount  Pub- 
lix  theatre  operations  in  Detroit 
was  culminated  late  last  week  with  the 
closing  of  the  10-months  management 
deal  for  the  houses  between  the  Para- 
mount trustees  and  George  W.  Tren- 
dle,  former  Detroit  theatre  operator, 
will  be  assigned  to  home  office  work 
for  the  time  being,  S.  A.  Lynch,  dire.c- 
tor  of  Paramount  theatre  reorganiza- 
tion, said  yesterday. 


i  Purely 
Personal  ► 


MONROE  GREENTHAL,  exploi- 
tation manager  for  United  Art- 
ists, is  in  Boston  to  arrange  for  the 
opening  at  Loew's  State  there  of 
"Broadway  Thru  a  Keyhole"  on  Fri- 
day. 

Herman  Zohbel,  treasurer,  and 
William  Clark,  assistant  treasurer 
of  Radio,  are  in  Hollywood  to  confer 
with  B.  B.  Kahane. 

Karl  Krug  of  the  United  Artists 
publicity  department,  is  back  from  a 
week-end  spent  with  his  folks  in 
Pittsburgh. 

Marion  Nixon  and  Valentine 
Mandelstamm,  scenarist,  arrive  in 
New  York  from  abroad  today  aboard 
the  Paris. 

William  O'Neal,  radio  and  musi- 
cal comedy  star,  will  be  the  Ro?cy 
headliner  on  the  stage  starting  Friday. 

Ted  Lewis  and  his  orchestra  will 
be  Capitol  headliners  on  the  stage 
starting  Friday. 

Norman  Moray  is  in  Cleveland  for 
a  few  days  on  Vitaphone  business. 


Market  Falls  Off  Heavily 

Net 

^High      Low      Close  Change 

Columbia    Pictures,     vtc 22?^        21J^        21^  —V/n 

Consolidated     Film     Industries 3^  3H  ^'A  —  'A 

r'onsolidated     Film     Industries,     pfd 9K  914  9%  —1'/^ 

Ka.stman    Kodak    7f''/2        73  73  —  3 

Fox     Film     "A" 14}^        14  14!^  — 1'/8 

Loew's,    Inc 3W4        28  28'^  —3 

Loew's,    Inc.,    pfd 6914.        697^        69^  —3'A 

Paramount     Publix     I'A  Wi  Wn  —A 

Pathe     Kxchange     U/f.  Wa  I'/i  -1-54 

Pathe    Exchange    "A" 7?/,  7i/2  75^  —  ^ 

KKO     25/«  21^  2!4  —Vf 

Warner    Bros 7"^  6'4  6^  —  Vn 

Warner    Bros.,    pfd 21  21  21  —2 

Technicolor  Loses  One  and  a  Half 

Net 

'  High      Low      Close  Change 

Sentry    Safety    Control Vi  'A  'A  

Technicolor    WA  8.^4  9  —1'/ 

Pathe  Rises  Two  Points 

Net 

High      Low      Close  Change 

General    Theatre    Equipment    6s    '40 SVn  SA.  5!^  —  V^ 

General    Theatre    Equipment   6s    '40,    ctf 4!4  VAe,  4A  ^ 

'-'(■Uh    B.    F.    6s    '46 45'4        45  45  —1 

Paramount    Broadway    554s    '51 3154        31  31  

Paramount    F.     L.    6s    '47 315^        315^        3\'A  —  Vf 

r-'aramount     Publix     554s     '50 33  31M        31^4  —^H 

P^the   7s    '47,    WW 82  82  82  +2 

Warner    Bros.    6s    '39,    wd 4fi  44  44  — 2 


Sales 

200 
200 
200 
700 
200 
3.500 
lOO 

700 

600 

1,200 

12.700 

ion 


Sales 

100 
2,100 


Sales 

25 


Cohn  Is  Endorsed  in 
Stand  on  Blue  Laws 

Receipt  of  messages  from  all  over 
the  country  endorsing  his  stand  against 
blue  law  enforcement  was  reported 
yesterday  by  Jack  Cohn,  vice-president 
of  Columbia,  upon  his  return  to  the 
city  from  the  code  conferences  in 
Washington.  The  producer  had  de- 
clared against  blue  law  legislation  in 
a  recent  statement  on  the  ground  thai 
it  cut  down  sales  and  employment. 

"Wherever  public  sentiment  permits 
Sunday  baseball,  golf,  etc.,  which 
create  little  or  no  employment,  all 
theatres,  restaurants  and  similar  ac- 
tivities requiring  paid  forces  should 
be  opened,"  Cohn  declared.  "Two 
purposes  are  served,  accommodation  of 
a  public  eager  for  harmless  recreation, 
and  extra  employment  for  the  men  and 
women  required  to  serve  it. 

"At  a  time  like  this  the  liberaliza- 
tion of  restrictive  blue  laws  should 
extend  to  drug,  cigar  and  confection- 
ery stores,  the  sale  of  foods,  etc., 
everything  within  reason  to  create 
demand  and  put  people  to  work  cater- 
ing to  those  in  the  enjoyment  of  in- 
creasing leisure." 


Warner  Club  to  Dine 

Warners  Baseball  Club  will  have 
its  first  "get-together"  party  on  Nov. 
25  at  the  Belvedere  Tavern  in  Brook- 
lyn. It  will  be  a  beefsteak  dinner  and 
cabaret  night.  Sam  Mareno,  assistant 
cameraman  at  Vitaphone  Studio,  is  in 
charge  and  he  has  arranged  to  have 
a  number  of  stage  and  screen  stars 
attend. 


Hy  Daab  to  Warners 

Hy  Daab,  former  advertising  and 
publicity  director  for  Radio  Pictures, 
yesterday  was  appointed  assistant  to 
Stanley  Shuford  on  the  Warner  ad- 
vertising staff  by  S.  Charles  Einfeld. 


Universal's  Nev/  Deal! 


DUBINSKY  BROS.  THEATRES 

Edward  Dubinsky,  General  Manager, 

Operating  16  theatres  in  St  Josepln,  Mo.,  Leavenwortit, 

Kam,  Jefferson  City,  Mo.,  Kansas  City,  Mo. 

and  Fulton,  Mo.,  signs  for 

UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


Thanks,  Mr.  Dubinsky  and  associates, 
for  your  confidence  in  Universal  Pictures. 

We  will  do  our  part. 


MOTION  PICTURE. 

DAILY 


Tuesday,  October    17,    1933 


Pending  Code 
Points  Prove 
Troviblesome 


{Continued  from  page  1) 

in  almost  as   many   interpretations   as 
there    have    been    interpreters. 

This  has  led  to  additionally  con- 
flicting viewpoints  and  brought  sharp- 
ly into  the  open  the  need  for  clari- 
fication sufficiently  simplified  to  sat- 
isfy all  elements,  which  obviously  is 
what  Rosenblatt  is  endeavoring  to  do. 
The  result  of  all  this  prompted  the 
deputy's  statement  that  the  third  draft 
may  not  bear  a  close  resemblance  to 
the   second. 

May  Drop  Big  Fines 

Indicative  of  the  state  of  flux  of 
the  code  is  the  fact  that  the  new 
clause  applying  cash  penalties  up  to 
$10,000  generally  on  those  employ- 
ers who  encourage  executive-director- 
star  salaries  which  are  unreasonable, 
however  such  salaries  may  be  de- 
fined, may  not  be  included  in  the  final 
code  after  all,  Rosenblatt  declaring 
that  no  final  decision  has  been  made 
yet  either   way. 

Asked  what  clauses  remain  to  be 
cleared  up,  Rosenblatt  replied :  "We 
are  still  clearing  them  up.  A  lot 
were   cleared   up    today." 

What  they  were,  however,  the 
deputy   refused   to   say. 

Reports  that  the  revised  code  might 
make  some  specific  mention  of  double 
features  were  routed  out  when,  in 
response  to  a  question,  Rosenblatt 
replied:    "I   do  not   expect   so." 

A  number  of  other  points  having  to 
do  with  the  practical  use  of  the  code 
were  clarified  as  well.  For  instance, 
Rosenblatt  was  asked  who  would  de- 
termine an  issue  in  the  case  of  a  dead- 
lock on  the  code  authority.  In  re- 
ply he  ventured  the  opinion  that  such 
cases  would  be  settled  "by  the  NRA." 

Denied  by  Rosenblatt  previously,  but 
continuing  to  circulate  on  the  inside 
nevertheless  are  the  reports  that  the 
legal  division  of  the  NRA  is  dubious 
about   some  current  code  clauses. 

Asked  about  this  again  today,  Ro- 
senblatt replied  that  "all  points  raised 
are  being  answered" ;  thereby  con- 
firming, at  least  by  inference,  that 
some  doubts  must  have   existed. 

Ends  Doubts  on  Boards 

Doubt  over  the  operations  of  the 
grievance  and  clearance  boards  was 
also  removed.  Exhibitors  have  been  in- 
quiring how  long  these  boards  are  to 
remain  in  office.  Rosenblatt  stated 
he  hoped  they  would  continue  to  func- 
tion as  long  as  the  code  was  effec- 
tive. The  only  thing  that  could  have 
a  bearing  on  the  permanency  of  what- 
ever original  personnel  is  to  be  named, 
therefore,  would  be  the  transfer  of 
a  distributor  member  to  a  new  terri- 
tory by  his  company,  unless  the  code 
authority  should  find  reason  to  re- 
move any  given  number  of  the  board's 
personnel. 

In  exhibitor  minds,  as  well,  is  a  lack 
of  information  on  how  clearance 
schedules  are  to  be  setup.  .\  case 
in  point  has  been  cited  locally.  Bal- 
timore, with  a  population  of  over  1,- 
000,000,  is  the  largest  city  of  its  size 
in  the  country  without  exchanges. 
The  city  is  served  from  Washington. 

"Would  Washington  zone  Balti- 
more and  if  so  how  could  Washing- 
ton   exhibitors    be    expected    to    know 


Haltiniore's  problems?"  is  the  query 
summarizing  this  point. 

Rosenblatt  explained  there  will  be 
one  board  for  each  territory.  Ex- 
liibitors  in  such  a  zone  are  expected 
to  come  forward  with  their  ideas  and 
complaints  and  "insist  on  righting 
wrongs." 

Acting  on  an  exhibitor's  request. 
Motion  Picture  Daily  asked  Rosen- 
blatt if  the  code  was  "pulling  any 
punches"  on  grievance  board  duties 
and  if  restrictions  of  any  kind  were 
planned  for  them.  Rosenblatt  replied 
that  if  such  an  idea  existed  it  was 
erroneous,  because  it  was  not  intended 
to  place  any  limiting  powers  upon 
them. 

Interesting  too  was  his  answer  to 
the  question  whether  the  clause  pro- 
viding cash  penalties  had  been  or- 
dered, suggested  or  recommendad  by 
the  President.  The  answer  was  that 
it  had  not.  He  also  said  he  had  re- 
ceived no  protests  from  coast  play- 
ers, directors  and  executives  on  this 
clause,  but  did  not  preclude  the  pos- 
sibility that  such  protests  may  have 
gone  directly  to  the  President,  as 
newspaper  accounts  from  the  west  this 
afternoon  declared.  In  that  event  the 
probability  is  that  such  messages 
eventually  will  reach  the  deputy  ad- 
ministrator from  the  White  House 
sans  comment,  but  as  communica- 
tions which  he  should  see  since  they 
bear  on  the  code,  which  he  is  charged 
with    handling. 

Binding  Exhibitor  Groups 

How  exhibitor  organizations  are  to 
be  bound  by  the  code  also  developed 
from  the  questioning.  The  point  was 
raised  what  would  happen  if  the  mem- 
bers of  any  theatre  organization, 
whether,  because  they  might  be  dis- 
satisfied with  the  code  or  for  other 
reasons,  repudiated  the  delegate  who 
had    represented    them.  Rosenblatt 

replied  that  exhibitors  in  that  classi- 
fication would  not  be  bound  unless 
their  delegate  had  been  properly 
cloaked  with  power  of  attorney.  If 
the  delegate  had  been,  his  signature 
then    would    prove    binding. 

Code  supervision  will  rest  with 
grievance  and  clearance  boards  and 
it  will  be  obligatory  upon  them  to 
see  the  code  is  enforced.  There  is 
no  plan  to  appoint  sub-deputies  for 
any  purpose  like  this,  and  the  idea 
is  something  Rosenblatt  declared  he 
had  not  heard. 

No  more  groups  or  companies  have 
signed  actually  or  in  escrow,  it  also 
developed.  Rosenblatt  expects  to  con- 
tinue as  deputy  "long  enough  to  see 
that  any  wrongs  are  righted"  was  the 
rejoinder  to  a  question  along  those 
lines. 


Rosenblatt  Answers 
Moral  Tone  Queries 

Washington,  Oct.  16. — Reputedly 
protesting  that  the  proposed  code  did 
not  adequately  provide  for  a  moral 
tone  in  films,  Grace  Abbott  of  the 
Children's  Bureau  of  the  Labor  De- 
partment, today  saw  Deputy  NRA 
Administrator  .Sol   A.   Rosenblatt. 

Rosenblatt  refused  to  comment  aside 
from  stating  Miss  Abbott  sought  "en- 
lightenment"  and   got  it. 

Technicians  Protest 

Hollywood,  Oct.  16. — Three  sec- 
tions of  the  Technicians'  Branch  of  the 
.Academy  of  M.  P.  Arts  and  Sciences, 
assistant  directors,  art  directors  and 
film  editors  are  protesting  to  Wash- 
ington because  the  code  ignores  over- 
time for  workers  getting  inore  than 
$70  per  week. 


Coast  Actors  Wire 
President  on  Code 


(Continued   from    page    1) 

March,  Oliver  H.  P.  Garrett,  Lucille 
Gleason  and  Morgan  Wallace,  a  tele- 
gram was  sent  to  President  Roosevelt 
in  which  it  was  said :  "The  latest 
amendment  to  the  code  makes  plain 
speaking  necessary."  In  the  telegram 
it  was  charged  that  salary  facts  had 
been  misrepresented  to  the  Adminis- 
tration. 

A  statement  by  one  of  the  speakers 
was  to  the  effect  that  if  the  code  goes 
through  in  its  present  form  talent 
would  be  forced  to  let  producers  write 
and  direct  their  own  pictures. 

Much  verbal  fire  was  directed  at  the 
$10,000  fine  for  producers  in  the  re- 
vised form  of  what  was  Article  10. 
The  speakers  were  apparently  un- 
der the  impression  that  this  gives 
the  code  authority  power  to  fix  maxi- 
mum salaries  and  fine  producers  who 
fail  to  keep  within  the  maximum. 


Hollywood,  Oct.  16. — Elated  over 
the  personal  answers  to  a  wire  dis- 
patched to  President  Roosevelt  last 
night,  both  Eddie  Cantor  and  John 
Howard  Lawson  received  the  follow- 
ing telegraphic  message  this  morning : 

"Your  telegraphic  representation  re- 
ceived and  referred  personally  by  the 
President  to  Administrator  Hugh  S. 
Johnson  for  his  careful  consideration 
and  action."  It  was  signed  Stephen 
Early. 

Hearing  on  Indies' 
Analysis  Expected 

(Continued  from  page   1) 

from  Washington  over  the  week-end 
expected  to  be  notified  of  the  hearing- 
time  by  noon  today  and  would  leave 
for  Washington  immediately  there- 
after. Jacob  Schechter,  counsel  for 
the  Federation  of  the  M.  P.  In- 
dustry, is  due  back  in  Washington 
this  morning  from  a  week-end  busi- 
ness trip  to  Kentucky.  In  addition 
to  Johnston,  Edward  Golden,  Mono- 
gram sales  manager,  and  Harry  H. 
Thomas,  president  of  First  Division 
Pictures,  will  return  to  Washington 
for  the  hearing  on  the  code  analysis 
before  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt,  as  will  other 
members  of  the  independent  group 
who  recessed  to  New  York  over  the 
week-end. 

Johnston  said  yesterday  the  group 
would  "stand  on  the  principles  of  the 
code  analysis  and  did  not  look  for 
any  hasty  or  arbitrary  action  on  the 
part   of   the    administration." 

Warner  Reports  NRA 
Pay  Up  by  $505,500 

(Continued   from   pacie    1) 

studios  as  of  Sept.  1  over  June  1  of 
this  year,  additional  employment  hav- 
ing been  created  under  the  President's 
re-employment  plan. 

More  extras  were  employed  during 
.September  than  in  any  similar  period 
since  the  advent  of  talking  pictiires 
with  figures  breaking  a  record  of  seven 
and  one  half  years  standijig.  Septem- 
ber   placements    amounted    to    39,762. 

In  line  with  the  NRA  movements, 
studios  were  declared  to  be  using  the 
required  number  of  persons  in  all 
scenes  calling  for  extra  talent,  accord- 
ing to  Warner. 


Allied  Calls 
For  Chicago 
Code  Meeting 


(Continued  from   fiage^    1) 

authorized  to  sign  a  code  in  harmony 
with  proposals  advocated  by  their  re- 
spective organizations,  they  gave  none 
of  them  authority  to  act  on  the  docu- 
ment presented  by  Mr.  Rosenblatt.  It 
is  important,  therefore,  that  the  rank 
and  file  be  consulted  and  their  wishes 
ascertained  as  to  a  course  to  be  pur- 
sued in  the  future." 

Unconfirmed  reports  had  it  today 
that  a  test  case  was  planned,  but 
Abram  F.  Myers  refused  to  comment. 
Independents  identified  with  the  in- 
surgent move  are  scheduled  to  meet 
in  Washington  again  on  Tuesday,  the 
purpose  being  to  be  on  the  ground 
while  the  code  is  still  being  formu- 
lated. 

The  analysis  as  highlighted  in  Mo- 
tion Picture  Daily  on  Monday  has 
been  sent  to  the  attorney  general  and 
members  of  the  five  NRA  boards,  which 
must  approve  the  code  before  the  text 
goes  to  General  Hugh  S.  Johnson  and 
the  President. 

Rosenblatt  declined  to  comment  on 
the  analysis  submitted  Saturday. 


NIRA  Wins  in  First 
Wisconsin  Decision 

(Continued   from  page   1) 

violated  Section  7-A,  the  so-called 
labor  provision  of  the  NRA,  by  refus- 
ing to  deal  with  vice-president  and 
organizer  for  the  International  Boot  & 
Shoe    Workers'    Union. 

In  taking  jurisdiction  in  the  case, 
Judge  Gregory  held  that  President 
Roosevelt's  blanket  code,  which  was 
signed  by  the  shoe  company,  was  a 
contract  for  the  benefit  of  a  third 
party,  in  this  case  the  employes  of  the 
shoe  company.  The  Simplex  company 
will  appeal  the  case  to  the  Wisconsin 
supreme  court. 


Most  of  Cleveland 
Duals  End  by  Vote 

(Continued  from   page   1) 

features  at  the  Saturday  matinee  per- 
formance provided  it  does  not  extend 
later  than  6  P.M.  The  general  rule 
adopted  for  duals  by  the  exhibitors' 
association  stated  the  one  day  for 
double  feature  programs  shall  not  be 
any  Saturday  or  Sunday. 


A^.  F.  Lawyers  Buy 
Fox  N.  E,  1st  Bonds 

(Continued  from   page   1) 

Broad  Street,  New  York  City.  The 
bonds  were  ordered  sold  by  Judge  Ed- 
win S.  Thomas  in  Federal  Court  here 
last  month. 

On  Friday  Stellacy  will  offer  for 
sale  the  Fox  New  England  Theatres 
property  in  Connecticut  at  the  Capi- 
tol Theatre.  Later  in  the  day  the 
Fox  New  England  property  in 
Massachusetts  will  be  sold  at  the 
Poli  Theatre  in  Springfield.  Sales 
are    by    option. 


When  McNaughton  was  reached  by 
Motion  Picture  Daily  at  his  home 
at  midnight  last  night  he  refused  to 
reveal  whom  he  represented,  but  said 
he  had  purchased  the  bonds  as  part 
of  a  reorganization  plan  now  under 
way. 


L 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfur 
Service  to 
the  Indifstry 
in  Ail 
Branches 


VOL.  34.    NO.  92 


NEW  YORK,   WEDNESDAY,   OCTOBER   18,   1933 


TEN  CENTS 


New  Company 
To  Take  Over 
Poll  Circuit 


Halsey,  Stuart  in  Move 
For  Reorganization 


Following  the  public  auction  of 
Fox-New  England  Theatres  assets 
in  Hartford  and  Springfield  on  Fri- 
day a  new  corporation  shortly  will 
take  over  operation  of  the  former 
Poli  houses.  S.  Z.  Poli  and  Halsey, 
Stuart   &   Co.   will  be   in  control. 

John  A.  McNaughton  and  W.  B. 
F.  Rogers,  New  York  attorneys,  were 
acting  for  Halsey,  Stuart  &  Co.  on 
Monday  when  they  purchased  for 
$650,000  a  block  of  first  mortgage 
bonds  with  a  face  value  of  $3,326,000 
at  a  sale  held  by  Special  Master 
iff  (Continued  on  page  5) 

File  Receiver  Suit 
Vs  Midland,  K.  C. 

Kansas  City,  Mo.,  Oct.  17. — A 
suit  in  equity  was  filed  in  Circuit 
Court  here  today  seeking  an  account- 
ing of  profits  and  a  temporary  re- 
ceiver for  the  Midland  Investment 
Co.,  which  owns  Loew's  Midland  and 
the  adjacent  Midland  office  building. 
The  plaintiffs  are  Herbert  M.  Woolf, 
M.  B.  Shanberg  and  F.  H.  Reid,  all 
of  this  city,  owners  of  half  interest  in 
(Continued  on  page  5) 


Sound  Improvement 
Hailed  by  S.  M.  P.  E. 

Chicago,  Oct.  17. — Erpi's  Wide 
Range  and  RCA-Victor's  High  Fideb 
ity  sound  mark  another  epoch  for  the 
industry,  declared  Dr.  Alfred  N.  Gold- 
smith at  the  second  day's  session  of 
the  Society  of  M.  P.  Engineers'  con- 
vention here  today. 

"Despite  the  depression,  this  devel- 
opment has  been  seized  upon  by  thea- 
tres and  is  introducing  greater  pro- 
grams," declared  Dr.  Goldsmith.  "It 
(Continued  on  page  5) 


jNo  Reorganization 
Date  Fixed— Zukor 

No  estimate  can  be  made  yet  of  the 
time  required  to  complete  the  reor- 
ganization of  Paramount  Publix  and 
bring  about  the  discharge  of  the 
company's  bankruptcy,  Adolph  Zukor 
(Continued  on  page  5) 


Code  on  Last  Stretch; 
3rd  Draft  Looks  Final 


Views  Vary  on  Maximums 

Washington,  Oct.  17. — "I  do  not  believe  under  this  act  that  it  is 
legal  to  fix  maximum  salaries,"  declared  Administrator  Hugh  S. 
Johnson  at  a  press  interview  today.  He  was  referring,  of  course, 
to  the  NRA. 

Whether  or  not  the  cash  penalty  clause  for  encouraging  un- 
reasonable salaries  will  remain  in  the  final  code,  although  it  is 
in  the  third  revision,  remains  to  be  seen.  Johnson  thinks  it  is 
"incompatible  with  the  law."  The  NRA  legal  division  can't  agree 
either  and  already  has  handed  down  several  varying  opinions, 
the  General  said. 


Pickup  Holds 
Steady  Gains 
In  K.  C.  Area 


Kansas  City,  Oct.  17. — Business 
improvement  which  first  became  evi- 
dent several  weeks  ago  is  maintaining 
a  steady  pace  in  the  Kansas-Missouri 
territory.  The  upsurge  is  concretely 
reflected  at  box-offices  of  first  runs 
here,  where  weekly  grosses  have  in- 
creased from  70  to  100  per  cent  over 
the  low  point  of  last  summer. 

The  gloom  which  held  suburban 
exhibitors  for  three  years  is  giving 
way  to  an  assured  optimism.  Profits 
(Continued  on  page     5) 


Agents'  Issue 
Is  Hollywood 
Job  Via  Code 


Washington,  Oct.  17. — Holly- 
wood, which  has  been  complaining 
about  unethical  agents,  today  got  the 
right  to  handle  them  on  home  grounds 
through  code  authorization  for  the 
appointment  of  an  agency  committee 
of  10,  made  up  of  production  fac- 
tors. This  removes  any  direct  check 
on  agents  by  code  authority  itself, 
as  provided  in  the  second  NRA  code 
draft,  and  marks  one  of  the  most  sig- 
nificant   revisions    between    that    and 

(Continued  on   page  4) 


Zukor  Asserts  Theatres 

Are  Help  for  Producers 


The  obligation  of  large  producers 
to  protect  investments  in  their  cor- 
porate owned  and  affiliated  theatres  by 
delivering  to  them  a  consistent  supply 
of  good  pictures  throughout  the  re- 
cent years  of  business  depression 
saved  the  world  motion  picture  indus- 
try from  collapse  during  1932,  Adolph 
Zukor,  Paramount  Publix  president 
and  head  of  its  active  operating  sub- 
sidiaries, told  Motion  Picture  Daily 
yesterday  in  reaffirming  his  belief  in 
both  the  advisability  and  the  necessity 
for  circuit  theatre  ownership  by  large 
producers. 

Unhesitatingly  declaring  his  convic- 
tion that  theatres  are  a  necessary  ad- 
junct of  large  production  organiza- 
tions, at  least  "as  the  industry  is  now 
constituted,"  Zukor  said  that  had  pro- 


ducers been  free  of  theatre  ownership 
in  the  few  years  past  they  would  have 
been  free,  likewise,  of  the  obligation 
of  delivering  the  best  pictures  of  which 
their  facilities  were  capable.  In  the 
circumstances  that  existed  from  1929 
through  last  year,  Zukor  said,  pro- 
ducers consequently  would  have  lim- 
ited production  activity  to  only  suffi- 
cient pictures  to  keep  studios  open, 
and  those  pictures  would  have  been  of 
indifferent  quality,  he  intimated. 

The  necessity  for  protecting  the 
huge  investments  in  theatre  empires, 
however,  resulted  not  only  in  the  ef- 
forts of  major  producers  to  maintain 
a  steady  flow  of  good  product  from 
studio  to  affiliated  theatre  but  also  in 
keeping  the  film  market  open  and  vir- 
(Cotitinued  on  page     S) 


Shifts  Agency  Control — 

Many  More  Points 

Clarified 


By  RED  KANN 

Washington,  Oct.  17.^The  indus- 
try will  have  a  code  ahead  of  the  ex- 
pectations of  many  of  those  who  par- 
ticipated in  formulating  it,  for  today 
the  final  stretch  was  entered  upon 
when  a  third  revision  came  out  of  the 
overworked  NRA  mimeograph  room 
on  its  way  to  members  of  the  Recovery 
Administration's  advisory  boards,  then 
to  General  Hiigh  S.  Johnson,  who 
knows  pretty  much  step  by  step  what 
has  been  going  on,  and  finally  the 
President. 

The  third  draft,  it  is  a  dead  cer- 
tainty,' will  undergo  few  changes.  As 
a  matter  of  fact.  Deputy  Administra- 
tor Sol  A.  Rosenblatt  contemplates 
issuing  no  more  even  if  various  of  the 
NRA  advisory  boards  insist  that  re- 
visions are  necessary.  In  the  event 
that  happens,  the  changes  will  go  to 
Johnson  plus  the  code  in  its  present 
form,  which  is  close  to  the  finish  line. 

The  next  immediate  step  in  carrying 
the    document   through    its    successive 

(Continued   on    pane   4) 


Mrs.  Bryant  Given 
Assurance  on  Code 

Chorus  Equity  Ass'n.  has  been  as- 
sured by  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  that  a  clause  will 
be  added  to  the  code  giving  the  code 
authority  power  to  fix  penalties  for 
theatre  operators  who  transact  busi- 
ness with  an  independent  contractor  of 

(Continued   on    page   4) 


It's  ''Separable" 

Washington,  Oct.  17. — Un- 
der miscellaneous  provisions 
in  the  third  code  draft  ap- 
pears this: 

"Part  4. — The  provisions  of 
this  code  shall  be  separable." 

This  is  what  is  known  as 
a  "saving  clause,"  current  in 
much  legislation,  and  is  de- 
signed to  protect  a  law  —  or 
in  this  case,  the  code  —  in 
the  event  one  section,  pro- 
vision or  clause  may  be  ad- 
judged unconstitutional  at 
some  future  date  should  a 
test  case   be   instituted. 


MOTION  PICTURE 

DAILY 


Wednesday,  October   18,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Revitw 

arui    Motion    Pictures    Today 


Vol.   34 


October   18,   1933 


No.  92 


Martin  Quioley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^••\r\  PUBLISHED  daily,  except  Sunday 
^  jl  J  and  holidays,  by  Motion  Picture 
^%t^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway.  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets:  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edunn  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


vNRA^ 


Merideth  Recovering 

Shrkveport,  La.,  Oct.  17. — Jack 
Merideth,  manager  for  Saenger  in- 
terests here,  is  recovering  from  an 
attack  of  pneumonia.  Merideth,  for- 
merly advertising  and  publicity  direc- 
tor for  the  old  Saenger  circuit,  held 
a  similar  position  with  Publix  after 
the  merger.  When  Saenger  took  oyer 
again,  he  came  south  and  was  put 
into  Shreveport  as  a  manager. 


Studio  Party  Planned 

"Bud"  Pollard  Productions,  Inc., 
will  have  a  formal  opening  of  tlje 
studios  at  Grantvvood,  near  Fort  Lee, 
on  Saturday  with  a  number  of  Broad- 
way personalities  present.  Art  Kahn, 
Paul  Sabin  and  Tommy  Sabin  and 
their  orchestras  will  furnish  music. 
Chamberlain  Brown  and  Johnny 
Walker  will  be  among  the  guests  of 
honor. 


Fairbanks  Film  in  Dec. 

A  print  of  tlie  first  film  to  be  made 
by  Douglas  Fairbanks,  Jr.,  abroad, 
"Symphony  in  Purple,"  to  be  released 
by  United  Artists,  is  expected  to  ar- 
rive in  New  York  by  the  middle  of 
December. 


Bertell  on  His  Own 

Jack  Bertell,  picture,  radio  and  thea- 
trical agent,  has  severed  his  connec- 
tions with  Lyons  and  Lyons  and  is 
now  located  in  his  own  headquarters 
at    the    Paramount    Building. 


BEN  BLUE 

Starring  In  Series 

WARNER  BROS. 
SHORTS 


Praiueti  hy 
SAM  SAX 


Directed  by 
RALPH  STAUB 


MreelUm:     LBO     MORRISON 


"Before  Dawn'' 

(KKO-Radio) 

This  title  fails  to  properly  identify  the  picture  as  the  mystery  "thriller"  it 
is,  but  those  unwittingly  lured  into  the  theatre  by  it  are  not  likely  to  be 
disappointed.  Story,  cast  and  action  make  a  good  picture  of  its  kind;  offer- 
ing suspense,  thrills,  romance  and  the  lighter  touches  of  Stuart  Erwin's 
sleuthing  and  wooing  for  a  good  measure  of  entertainment. 

A  fugitive  gangster  who  has  secreted  one  million  dollars  in  stolen  gold  in 
the  home  occupied  by  his  wife  and  housekeeper  in  America,  dies  in  a  Vienna 
hospital  after  communicating  his  secret  to  his  attending  physician,  played  by 
Warner  Oland.  The  latter  comes  to  America  in  search  of  the  loot.  The 
gangster's  wife  dies  mysteriously  shortly  after  while  preparing  to  make  away 
with  the  gold  upon  learning  that  her  husband  is  dead. 

Dorothy  Wilson,  as  a  clairvoyant,  and  her  father,  played  by  Dudley 
Digges,  who  have  been  arrested  by  Stuart  Erwin  in  a  round-up  of  fakirs,  are 
given  a  chance  to  win  their  freedom  from  police  custody  by  proving  the 
girl's  authenticity  as  a  medium  through  solving  the  mystery  of  the  death  of 
the  gangster's  wife.  In  the  ensuing  events  Digges  and  the  old  housekeeper 
are  also  murdered  in  the  race  for  the  hidden  gold ;  Oland,  the  culprit,  is  appre- 
hended, largely  through  Miss  Wilson's  spiritualistic  gifts,  and  she  shares  the 
reward  for  the  recovery  of  the  loot  with  Erwin,  who,  in  addition,  wins  the 
girl   for   his   bride. 

The  story  moves  quickly  once  the  stage  for  action  has  been  set.  Consider- 
able suspense  is  created  by  Oland  in  a  sinister  performance  as  the  scheming 
doctor  who  stops  at  nothing  to  gain  the  loot.  Erwin's  performance  as  the 
detective  is  on  the  light  side  as  is  that,  for  the  most  part,  of  Digges  as  the 
girl's  avaricious  father,  almost  equally  as  eager  as  Oland  to  discover  the  hid- 
ing place  of  the  gold. 

"Li/e  in  the  Raw'' 

{Fox) 

Photographed  beautifully  among  the  snow-capped  hills  of  the  west  and 
with  enough  action  to  keep  the  western  fans  more  than  satisfied,  this  melo- 
drama with  George  O'Brien  in  the  leading  role  is  entertainment  plus  for 
those  who  go  in  for  this  kind  of  picture.  Romance,  robberies,  gun  fighting 
and  hard  riding  are  interspersed  evenly  so  that  there  is  not  too  much  of  any 
at  one  time. 

Claire  Trevor,  on  her  way  to  visit  her  brother  in  a  small  western  town, 
is  picked  up  at  the  station  by  Warner  Richmond.  He  leaves  her  in  the 
open  country  on  the  way  to  the  ranch  for  resisting  him.  O'Brien  comes  to 
the  rescue  and  takes  her  to  her  brother's  cabin.  After  O'Brien  leaves,  the 
heroine  learns  that  her  brother  is  mixed  up  with  an  express  office  holdup. 
He  is  being  goaded  by  Richmond,  who  always  manages  to  keep  in  the  back- 
ground. 

Both  Miss  Trevor  and  her  brother  leave  town.  O'Brien  meets  the  heroine 
and  while  he  is  with  her  the  sheriff  nabs  him  as  the  thief.  He  escapes  and 
lands  in  a  nearby  town  where  he  is  almost  arrested  again,  but  this  time  the 
heroin'e  brother  helps  him  to  escape.  The  brother  confesses  and  then  O'Brien 
decides  to  get  the  leader  of  the  gang.  In  a  nicely  arranged  meeting,  O'Brien, 
with  the  aid  of  the  sheriff  and  his  deputies,  corrals  the  whole  string  of  out- 
laws. The  brother  gets  probation  and  O'Brien  and  the  heroine  get  life — 
together.  Greta  Nissen  and  Francis  Ford  have  feature  roles,  the  former  as  a 
cafe   dancer   and   the   latter   as   the   sheriff. 

A   neighborhood   audience   reaction   was    favorable. 

(Continued  on    page    8) 


Loew  Gains  One  Point 


High 

Columbia     Pictures,    vtc 21}4 

Consolidated    Film    Industries 3^4 

Consolidated    Film    Industries,    pfd 9'^ 

Eastman     Kodak     73Ji 

Fox    Film     "A" WA 

Loew's,    Inc 30 

[x>ew's,     Inc.,     pfd 66 

Paramount    Publix     I'A 

Pathe     Exchange     V/i 

Pathe     Exchange     "A" 9 

RKO     ZVs 

Warner    Bros 7'/$ 

Warner   Bros.,   pfd 20!4 


Net 

Low 

Close 

Change 

20'/2 

2m 

+  ^ 

3 

3 

-   /8 

m 

9'A 

72 

nVi 

+  Vi 

13'4 

WA 

+  H 

27 

29A 

-t-l 

66 

66 

m 

1/2 

+  Vs 

l'/8 

Wa 

m 

9 

+m 

2-/2 

2A 

('H 

7% 

+  H 

20 

20/8 

-  y» 

Technicolor  Up  Two  and  Eighth 


General    Theatre    Equipment,    pfd 

Technicolor      11 

Trans    Lux    1  -K 


Net 
High      Low      Close      Change 

Yi  Vi  Va        —  '/a 

9-54        107^        -f2'^ 
Wa         IVa        -h  a 


Most  Issues  Off  Slightly 


High 

(Jeneral   Theatre   Equipment   6s    '40 554 

General    Theatre    Equipment    6s    '40.    ctf 4/ 

Keith    B.    F.    6s    '46 45 

Loew's    6s    '41,    ww    deb    rights 84^ 

Paramount    Broadway    S'/is    '51 31 

Paramount    F.    L.    6s    '47 30'/4 

Paramount     Publix    5j4s    'SO iO'A 

Pathe     7s     '.37,     ww 82 

Warner    Bros.    6s    ',39.    wd 4i'A 


Net 
Low      Close      Change 

SA        SA 
4'A 

sm 

31 

30'^ 

30/2 

82  

4354        -  Aa 


454 


31 

30'/^ 
SOA 
82 

42 


+  a 
-  '/a 


Sale; 

700 

300 
1,100 
2,000 

500 
4.800 

100 
3,100 

900 

300 
3,500 
16.500 

300 


Sales 

600 
2,500 

ion 


Sales 

15 
15 
18 
4 
3 

10 

5 

1 

48 


i  Purely 
Personal  ► 


LESTER  COWAN,  executive  sec- 
retary of  the  Academy  of  M.  P, 
Arts  and  Sciences,  who  has  been  in 
town  the  last  few  days  from  code 
conferences  in  Washington,  plans  to 
leave   for  the  coast  today. 

Marcel  Mekelburg,  head  of  the 
Century  Film  Corp.  of  Boston,  is  in 
New  York  conferring  with  Charles 
L.  Glett,  vice-president  of  Monarch. 
He  returns  to  Boston  the  end  of  the 
week. 

Serge  Flash,  Fritz  and  Jean 
Hubert  and  the  Bruce  Johnson 
Four  will  be  featured  in  the  stage 
show  which  William  O'Neal  will 
headline  at  the  Roxy  Friday. 

James  F.  Dailev,  president  of  the 
Typhoon  Air  Conditioning  Co.,  has 
left  for  a  cruise  in  southern  waters. 
He  plans  to  rest  at  Kingston  and 
Panama. 

J.  Maxwell  Joice,  who  had  charge 
of  publicity  for  the  amusement  section 
at  the  World's  Fair  in  Chicago,  is 
back  to  resume  exploitation  work 
here. 

Gradwell  Sears,  in  charge  of 
southern  and  western  distribution  for 
Warners,  is  back  in  town  from  a  mid- 
western  trip. 

Marie  Prevost  checked  in  at  the 
Warwick  from  the  coast  yesterday. 


Two  Warner  Deals  Set 

Gradwell  Sears,  southern  and  west- 
ern sales  manager  for  Warners,  has 
just  closed  a  100  per  cent  Warner- 
First  National  product  deal  with  the 
Minnesota  Amusement  Co.  for  80 
houses.  A.  W.  Smith,  eastern  sales 
manager,  reports  another  deal  for  the 
1933-34  list  with  Mullen  and  Pinansky 
for  83  houses  in  56  New  England 
situations. 


"Oliver"  for  30  Nations 

Houses  in  30  countries  have  con- 
tracted for  Monogram's  "Oliver 
Twist,"  through  Ritchey  Export 
Corp.  Deals  are  on  in  10  other  coun- 
tries. The  feature  has  been  dubbed 
in  French  and  Spanish  with  a  Ger- 
man version  to  come. 


Miss  Wieck  in  "Fane" 

Hollywood,  Oct.  17.  —  Dorothea 
Wieck  has  finally  been  assigned  the 
leading  feminine  role  in  "Miss  Fane's 
Baby  Is  Stolen,"  scheduled  to  go  into 
work  immediatety  at  Paramount. 
Balance  of  the  cast  has  not  yet  been 
assigned. 


Sells  15  Roger  Films 

The  entire  line-up  of  Fanchon  Royer 
for  1933-34,  consisting  of  15  pictures, 
has  been  sold  by  J.  H.  Hoffberg 
Co.  for  England  through  Interworld 
Films,  Ltd.,  the  firm's  London  affiliate. 


Baxter's  Uncle  Passes 

Columbus,  Oct.  17. — Clarence  E. 
Baxter,  63,  resident  manager  of  the 
Norwich  Hotel,  died  here.  He  was  an 
uncle  of  Warner  Baxter. 


WHAT  A 
WOMAN'S  PICTURE! 

Peggy's  affaires  were  the  toast  of 
Paris  .  .  .  the  talk  of  Europe.  Men 
desired  her . . .  envious  women  slan- 
dered. While  .  .  .  within  her  heart 
. . .  she  locked  the  secret  that  would 
have  silenced  lying  tongues. 


A  gold  mine  of  angles  in  this  glamorous 
production.  Adolphe  Menjou  and  Benita 
Himie  as  the  best-dressed  pair  in  Paris . . . 
flinging  open  the  door  to  a  dozen  sure-fire 
angles...  WOW'  when  clothes  are  the  topic  of 
the  day.  See  the  press  book  for  stunts  that 
will  make  your  showman's  heart  beat 
faster. 


rheWORST 

WOMAN 
PARIS? 

BENITA  HUME 
ADOLPHE  MENJOU 

Harvey  Stephens  Helen  Chandler 

Written  and  Directed  by  Monta  Bell 

Jesse  L.  Lasky  Production 


in 


JOI" 


Tiff 


^/« 


^11^ 


^r// 


MOTION  PICTURE 

DAILY 


Wednesday,  October    18,    1933 


Code  Now  Riding  on  Last  Stretch 


Third  Draft 
Of  the  Code 
Looks  Final 


(Continued  from   page    1) 

steps  to  the  White  House  is  up  to  the 
boards.  At  two  o'clock  this  morning 
one  of  the  first  copies  of  the  third 
draft  went  by  air  mail  to  Edward  N. 
Hurley  of  the  Labor  Advisory  Board 
who  is  in  Chicago,  ill.  His  indisposi- 
tion may  occasion  some  delay,  al- 
though this  is  dubious.  Presaging 
quick  action  from  these  five  separate 
NRA  agencies  is  the  fact  that  an  in- 
termediate report  of  the  research  and 
planning  board  already  is  in  Rosen- 
blatt's  hands. 

Draft  No.  3  varied  little  from  its 
predecessor,  although  many  changes 
in  phraseology,  all  for  the  sake  of 
clarification,  are  included.  In  addi- 
tion, several  clauses,  notably  former 
Articles  9  and  10  but  now  Parts  4 
and  5  of  the  producers'  section  as 
well  as  that  portion  of  the  code  deal- 
ing with  personnel  of  grievance  and 
zoning  boards,  highlighted  the  new 
portions. 

An  agency  committee  in  place  of 
code  authority  is  proposed  to  control 
the  "bad  boys."  The  elimination  of 
one  little  word  makes  considerable 
difference  where  grievance  and  clear- 
ance and  zoning  boards  are  involved. 
Where  Draft  No.  2  designated  the 
second  distributor  must  be  "national," 
the  restrictive  adjective  has  been 
eliminated,  thus  empowering  state 
right  distributors  to  sit,  in  the  event 
that  code  authority  so  designates 
them. 

Article  10  Much  Changed 

One  of  the  nightmares  of  the  major 
producers'  sessions — former  Article 
10 — has  undergone  much  change — 
modified  considerably,"  states  Rosen- 
blatt— and  gives  the  producer  to 
whom  talent  is  under  contract  three 
days  to  meet  a  competitive  offer  in- 
stead of  a  "reasonable  opportunity," 
as  stipulated  in  the  second  draft.  The 
effect  of  this  will  be  to  make  talent 
whose  contracts  expire  available  to 
producers  faster  and,  it  is  believed,  do 
away  with  the  charge  that  efforts 
might  be  made  to  keep  players  from 
competing  studios  by  exercise  of  the 
three  and  six  month  clause  which  is 
included  in  the  second  draft,  but 
without  definite  limitation  of  the 
period  during  which  new  contracts  are 
either  to  be  signed  or  rejected. 

Independent  producers  and  distribu- 
tors are  scheduled  to  hold  a  meeting 
with  Rosenblatt  on  Thursday.  In 
view  of  the  progress  of  the  code 
toward  completion,  only  the  most  un- 
usual and  the  strongest  of  arguments 
will  persuade  the  deputy  to  make 
further  revisions,  it  is  understood. 


Brandt  Discusses  Code 

Code  discussions  during  the  last 
week  in  Washington  were  the  main 
topic  which  Harry  Brandt,  president 
of  the  I.T.O.A.,  dwelt  on  at  the  regu- 
lar meeting  of  the  organization  yester- 
day at  the  Astor.  About  25  members 
attended. 


Can  Order  Fair  Practices 

Washington,  Oct.  17. — The  administrator  —  meaning  General 
Johnson  wherever  his  name  appears  in  the  code  —  is  authorized 
to  go  beyond  the  defined  intent  of  various  clauses  in  the  third 
NRA  draft  and  order  fair  practices  and  harmony  to  prevail  in 
Hollywood  and  among  its  integral  parts. 

Part  4  (A),  producers'  section  takes  care  of  that.  It's  new 
in  the  code  and  provides: 

"Should  the  administrator  determine  at  any  time  upon  a 
fair  showing,  after  notice,  that  a  set  of  fair  practises  should 
be  adopted  governing  relations  between  producers  and  any 
one  of  the  following  classes:  writers,  directors,  technicians, 
actors  and  agents,  a  special  committee  shall  be  appointed  for 
that  purpose.  The  producer  and  the  class  interested  in  such 
fair  practices  in  each  instance  shall  be  entitled  to  equal 
representation   on   such    committees." 


Board  Personnel  Is  Again 
Cleared  Up;  Balance  Better 


W.\SHiNGTON,  Oct.  17. — Those  who 
are  prone  to  draw  the  line  sharply 
between  independents  and  majors  will 
find  considerable  satisfaction  in  the 
second  clarification  of  the  personnel 
of  grievance  as  well  as  clearance  and 
zoning  boards. 

It  was  only  a  few  days  ago  that 
Deputy  Administrator  Rosenblatt  pro- 
vided a  greater  balance  of  power  on 
clearance  boards  by  ruling  that  the 
exhibitor  equation,  below  the  first 
runs,  was  to  be  made  up  of  "two  rep- 
resentatives of  subsequent  run  un- 
affiliated theatres."  The  word  "na- 
tional" today  was  removed  from  the 
distributor  equation,  opening  the  door 
to  possibility  of  selection  of  an  inde- 
pendent exchangeman  to  serve  with 
the  other  distributor  who  is  to  have 
theatre  affiliations. 

Similarly  on  grievance  boards,  the 
second  distributor  member  now  is 
designated    merely    as    "a    distributor 


without  circuit  theatre  affiliations," 
thereby  leaving  the  door  open  to  ap- 
pointment of  an  independent,  provided 
code  authority  so  decides.  The  other 
distributor  is  to  be  affiliated. 

In  no  code  form  heretofore  was 
Part  3  of  Article  V  which  seeks  to 
establish  the  type  of  men  to  serve. 
Reads  the  text : 

"All  members  appointed  to  serve  on 
respective  clearance  and  zoning  boards 
and  local  grievance  boards  shall  be 
persons  of  good  repute  and  of  good 
standing  in  the  industry,  and  shall 
upon  acceptance  of  appointment  sub- 
scribe and  file  with  the  administrator 
an  oath  to  fairly  and  impartially  de- 
termine whatever  issue  is  presented  to 
the  board  to  which  such  member  has 
been  appointed.  No  such  board  shall 
contain  in  its  membership  more  than 
one  representative  of  any  distributor 
or  exhibitor." 


Agents'  Issue 
Is  Hollywood 
Job  Via  Code 


Mrs.  Bryant  Given 
Assurance  on  Code 

(Continued   from   pane    1) 

stage  units  who  does  not  conform  to 
code  requirements,  Mrs.  Dorothy  Brj'- 
ant,  executive  secretary  of  t!ie  chor- 
ines'   organization,   said  yesterday. 

With  this  assurance,  and  providing 
no  further  alterations  are  made  in  the 
code  provisions  affecting  her  group, 
the  code  has  the  approval  of  Choriis 
E(|uity,   Mrs.   Bryant  said. 

Rosenblatt's  promise  to  include  in 
the  code  the  clause  described  above 
removes  the  organization's  last  and 
most  important  objection.  Mrs.  Bry- 
ant had  complained  in  Washington 
that  the  code  as  it  stood  at  the  time 
sought  to  bind  the  independent  con- 
tractors, who,  she  said,  do  not  sign 
the  code  and  will  not  be  parties  to  it, 
but  did  not  impose  any  obligations  on 
the  exhibitors  who  dealt  with  such 
indei>endent  contractors.  She  is  now 
satisfied  that  inclusion  in  the  code  of 
the  promised  clause  will  remedy  the 
situation  which  Chorus  Equity  feared 
might  result  from  the  wording  of  the 
first  draft. 


Mrs.  Bryant  said  she  did  not  anti- 
cipate any  further  changes  in  the  labor 
provisions  of  the  code  and  did  not 
plan  another  trip  to  Washington  in 
connection    with   code    subjects. 


Independents'  Code 
Hearing  Is  Delayed 

The  expected  hearing  before  Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt on  the  independent  fusion  group's 
code  analysis  in  Washington  will  not 
be  held  before  Thursday,  it  became 
evident  yesterday  as  various  leaders 
of  the  independent  group  remained  in 
New  York  awaiting  the  setting  of  a 
hearing  date. 

Delay  in  setting  the  date,  it  was 
said,  was  due  to  the  inability  of  Jacob 
Schechter,  counsel  for  the  Federation 
of  the  M.  P.  Industry,  to  get  back 
to  Washington  from  a  business  trip 
to  Kentucky  before  Tuesday  night. 
Independent  leaders  here  said  they 
expected  Schechter  to  arrange  the 
hearing  with  Rosenlilatt  some  time 
today  and  that  they  would  leave  for 
Washington  immediately  upon  being 
advised  by  him  of  the  agreed-on  date, 
with  Thursday  the  one  anticipated. 


(Continued   from   pacie    1) 

the  third  revision  which  was  made 
public  late  this  afternoon. 

The  committee  will  govern  opera- 
tions of  agents  who  are  found  guilty 
of  having  "alienated  or  enticed"  per- 
formers under  contract  or  who  know- 
ingly have  "made  any  materially  false 
representation  to  any  producer  in  ne- 
gotiations with  such  producer  for  or 
affecting  the  employment  or  contem- 
plated employment  of  any  person  rep- 
resented by  such  agent."  In  other 
words,  the  code  will  cover  the  al- 
leged "off-color"   practices  by  agents. 

The  check  on  this,  through  the  pro- 
posed agency  committee,  will  rest  in 
that  committee's  membership  of  10. 
Five  are  to  be  producers  or  producers' 
representatives  and  will  be  named  by 
code  authority ;  the  remaining  five  will 
consist  of  one  agent,  one  actor,  one 
writer,  one  director  and  one  techni- 
cian "selected  by  the  administrator 
from  nominations  as  to  each  class 
named  respectively  by  agents,  actors, 
writers,  directors  and  technicians,  in 
such  equitable  manner  as  may  be  pre- 
scribed by  the  administrator." 

Insofar  as  control  of  agents  is  con- 
cerned, the  third  code  draft  is  far 
less  drastic  on  the  licensing  angle 
which,  partially  at  least,  made  the 
agents'  provisions  in  the  second  draft 
probably    the    most    drastic. 

A  Less  Harsh  Word 

Thus,  the  revamped  provision  talks 
about  a  less  harsh  word,  "registra- 
tion," where  last  week  it  was  "li- 
censes." Section  3  explains  how  it 
is    to   be   done : 

"Section  3 — In  order  to  effectuate 
this  part,  the  agency  committee  may 
recommend  to  the  administrator  uni- 
form terms  and  conditions  for  and  an 
appropriate  procedure  for  the  regis- 
tration of  all  agents  with  whom  pro- 
ducers may  transact  business  relating 
to  the  production  of  motion  pictures 
and  for  the  suspension,  revocation  or 
cancellation  of  any  such  registration 
and  appropriate  rules  and  regulations 
affecting  the  agent  as  provided  for 
herein.  Such  recommendations  of  the 
agency  committee,  together  with  the 
recommendations  of  the  individual 
members  thereof,  shall  be  submitted 
in  writing  to  the  administrator,  who 
after  such  notice  and  hearing  as  he 
may  prescribe,  may  approve  or  mod- 
ify such  recommendations.  Upon  ap- 
proval by  the  administrator,  such 
recommendations  shall  have  full  force 
and  effect  as  provisions  of  this  code. 
No  agent  shall  be  deprived  of  the 
right  of  registration  without  afford- 
mg  such  agent  a  full  and  fair  oppor- 
tunity to  be  heard,  and  without  the 
approval  of  the  administrator.  Should 
it  at  any  time  be  determined  to  pro- 
vide for  the  registration  of  agents,  as 
hereinabove  set  forth,  then  all  persons 
regularly  transacting  business  as 
agents  at  such  time  shall  be  entitled 
to  registration  as  a  matter  of  course, 
provided  application  is  made  to  tiic 
agency  committee  within  30  days 
thereafter." 


Wednesday,   October    18,    1933 


MOTION  PICTURE 

DAILY 


Pickup  Holds 
Steady  Gains 
In  K.  C.  Area 


(Continued  from   pape    1) 

that  had  vanished  are  now  returning, 
and  a  large  sentiment  holds  theatres 
generally  in  this  region  will  be  out  of 
the  red  this  winter. 

Typical  is  the  optimism  of  E.  S. 
Young,  owner  of  the  suburban  Cen- 
tral. He  had  been  taking  it  on  the 
chin  since  he  acquired  the  house  over 
two  years  ago.  Since  Sept.  1,  how- 
ever, he  has  noted  a  decided  pickup. 

Barring  a  few  towns  in  Kansas 
which  depend  on  payrolls  of  a  single 
industry,  exhibitors  visiting  here  re- 
port a  box-office  spurt  and  say  the 
outlook  is  cheerful,  especially  in 
farming  communities,  where  the  gov- 
ernment has  been  buying  up  surplus 
hogs  or  is  about  to  distribute  millions 
of  dollars  in  compensation  to  wheat 
farmers. 

That  the  pendulum  is  swinging 
toward  better  times  is  borne  out  by 
film  salesmen  traveling  Kansas  and 
western  Missouri,  and  within  the  last 
two  months  has  been  confirmed  in  the 
increased  business  of  equipment  firms 
and  supply  houses.  This  is  especially 
the  case  in  the  sound  equipment  field. 


Sound  Improvement 
Hailed  by  S.  M.  P.  E. 

(.Continued   from    paae    1) 

has  brought  greater  naturalness  of 
speech,  more  delicate  and  subtle  ex- 
pression, clear  music  and  more  drama- 
tic action." 

These  extended  frequency  sound 
systems,  Dr.  Goldsmith  said,  with  a 
new  film  emulsion  and  improved  cam- 
era supports  which  permit  following 
actors  more  easily,  virtually  bring  to 
the  screen  all  the  intimacy  of  a  stage 
show.  He  also  predicted  more  color 
films  in  the  future.  This  does  not 
necessarily  mean  all  color,  he  explain- 
ed, but  does  mean  increased  use  of 
color  to  enhance  certain  story  portions. 

Papers  on  Wide  Range  were  read 
by  S.  K.  Wolf  and  F.  L.  Hopper  of 
Erpi. 

W.  K.  Laurie  Dickson,  early  asso- 
ciate of  Thomas  A.  Edison  in  the  de- 
velopment of  the  Kinematograph,  was 
made  an  honorary  member  of  the 
society. 


Missouri  Governor 
Seeks  a  Sales  Tax 

Jefferson  City,  Oct.  17. — Governor 
Park  today  asked  a  special  session  of 
the  legislature  to  enact  a  one  per  cent 
general  sales  tax  to  provide  $9,000,- 
000  annually.  If  passed  the  tax  will 
be  levied  on  theatre  admissions  and 
probably   film   rentals. 


Robinson  Made  Director 

Hollywood,  Oct.  17. — Charles  R. 
Rogers  has  elevated  Casey  Robinson, 
Paramount  scenarist,  to  a  director's 
post. 

His  first  assignment  will  be  "The 
Handsome  Brute,"  adapted  from 
James  M.  Cain's  American  Mercury 
story,  "Baby  in  the  Ice  Box." 


Zukor  Asserts  Theatres 

Are  Help  for  Producers 


(Continued 

tually   at   normal   for   the  theatres  of 
the   world. 

"Without  that  enforced  flow  of 
product,"  Zukor  said,  "the  theatres 
not  only  of  America  but  of  the  world 
were  enabled  to  remain  open,  and  the 
motion  picture  industry  of  the  world 
was  saved  from  collapse." 

On  the  Depression  Angle 

Zukor's  intimation  here  was  that  the 
facilities  of  the  major  studios  and 
their  corporate  distribution  organiza- 
tions could  not  have  been  operated 
during  the  years  of  depression  by  new 
or  lesser  organizations,  in  the  event 
of  a  shutdown,  or  near  shutdown,  of 
the  former.  It  required,  he  intimated, 
both  an  initial  financing  and  a  con- 
tinuing revenue  which  world  condi- 
tions at  the  time  could  not  supply. 

Voicing  his  fundamental  belief  in 
the  practicability  and  need  for  theatre 
ownership  by  companies  with  large 
production  investments  such  as  his 
own,  Zukor  broke  a  personal  silence 
which  has  lasted  for  almost  three 
years,  during  which  time  he  has  con- 
sistently declined  to  speak  for  publi- 
cation. In  the  interim,  there  has  oc- 
curred the  voluntary  bankruptcy  of 
Paramount  Publix,  generally  attrib- 
uted to  the  losses  and  obligations  in- 
curred through  theatre  operations. 

Circuit  Not  to  Blame 

Zukor  revealed  his  belief  yesterday 
that  Paramount's  difficulties  were  not 
the  result  of  theatre  ownership,  as 
such,  but  of  a  combination  of  circum- 
stances, universally  economic  and  cor- 
porately  politic,  either  of  which,  had 
they  come  into  being  separately,  might 
not  have  proved  financially  fatal. 
Neither  of  the  two  contributory  cir- 
cumstances, world  depression  and  cen- 
tralized theatre  management,  proved 
producer  ownership  of  theatres  to  be 
in  error,  Zukor  indicated. 

"I  believe  the  localized  management 
operation  of  theatres  to  be  sound,"  he 
said.  "The  partnership  theatre  deals 
which  we  are  now  in  the  process  of 
making  will  receive  their  first  test  this 
season.  I  am  confident  that  the  re- 
sults which  will  be  shown  will  be  all 
that  we  expect." 

"Do  you  believe  that  small  or  me- 
dium-sized theatre  circuits  are  prefer- 
able for  producer  affiliation  to  circuits 


from    ftaae    1) 

of    more    than    six    or    eight   hundred 
theatres?"  Zukor  was  asked. 

"The  number  of  houses  which  com- 
prise a  circuit  is  immaterial,"  was  the 
reply.  "There  is  no  prescription,  even 
in  this  detail,  for  success  in  show  busi- 
ness. If  you  follow  the  right  instinct 
at  the  right  time  you  can  be  as  suc- 
cessful with  many  theatres  as  you  can 
with  one." 

Holds  Circuit  Desirable 

"As  the  industry  is  now  consti- 
tuted," Zukor  added,  "I  believe  circuit 
ownership  to  be  not  only  advisable, 
but  necessary  as  well.  If  no  producer 
owned  theatres,  or  if  all  theatres  were 
owned  by  one  person,  there  would  be 
no  necessity  for  affiliated  circuits, 
since  in  either  case  pictures  would 
attain  a  market  on  their  own  merits. 
As  it  is,  a  company  with  a  big  pro- 
duction investment  requires  the  as- 
surance its  theatres  give  to  go  ahead 
with  its  production  plans." 

Zukor,  who  returned  only  recently 
from  the  Paramount  studios,  conclud- 
ed by  paying  tribute  to  Emanuel 
Cohen,  production  head,  and  his  studio 
organization. 

"Our  pictures  have  been  coming 
along  fine,"  he  said  with  a  show  of 
fenthusiasm,  "and  even  better  ones  are 
on  the  way.  A  great  deal  of  credit  is 
due  Emanuel  Cohen  and  the  organiza- 
tion he  has  developed.  He  has  gath- 
ered about  him  a  stafif  that  is  valuable 
and  loyal." 


No  Reorganization 
Date  Fixed— Zukor 

(Continued   from    fane    1) 

told   Motion    Picture   Daily  yester- 
day. 

"The  reorganization  work  left  to 
be  done  is  largely  routine,"  Zukor 
said,  "but  how  long  it  will  take  to 
complete  cannot  be  said  at  this  time. 
Men  have  worked  day  and  night  for 
some  time  and  the  progress  made 
thus  far  is  more  than  encouraging. 
What  is  being  achieved  by  our  active 
subsidiary  companies  has  instilled  new 
confidence  in  the  entire  industry  in 
those  both  within  and  outside  of  it." 


Accord  Subseqiients 
Better  Break  on  Ads 

Washington,  Oct.  17. — Exhibitors 
are  given  a  better  break  on  adver- 
tising in  the  third  NRA  code  revi- 
sion. The  draft  now  provides  that 
where  a  subsequent  run  theatre  fol- 
lows his  prior  run  within  a  seven-day 
period,  it  will  be  permissible  for  him 
to  advertise  the  coming  attraction  on 
the  screen  as  well  as  to  announce  it 
in  his  own  house's  program  provided 
the  program  is  distributed  "within 
the  exhibitor's  theatre." 


Gordon  Answers  Frels 

Washington.  Oct.  17.— Sol  E. 
Gordon  of  the  Jefferson  Amusement 
Co.  has  filed  a  brief  with  Deputy  Ad- 
ministrator Rosenblatt  entering  a  gen- 
eral denial  of  charges  made  by  Rubin 
Frels  of  Victoria,  Tex.  The  latter 
had  charged  he  was  unable  to  get 
product  because  Jefferson  Amusement 
had  bought   more  film  than  needed. 


Schulherg  Readies 
Three  Sidney  Films 

H,ollywood,  Oct.  17. — With  the  re- 
turn of  both  Sylvia  Sidney  and  B.  P. 
Schulberg  to  Hollywood,  the  latter  is 
readying  three  Sidney  starring  vehi- 
cles to  be  placed  in  production  in  the 
following  order :  "Reunion,"  with 
Herbert  Marshall  opposite ;  "30-Day 
Princess,"  with  Carey  Grant,  and 
"Good  Dame"  with  George  Raft.  A 
fourth  story  for  Miss  Sidney  is  now 
being  scouted  for,  leaving  Schulberg 
to  use  other  star  names  for  the  balance 
of  his  eight  pictures  on  the  new  Para- 
mount  program. 


Paramount,  Reade  Set 

Paramount  yesterday  closed  with 
Walter  Reade  for  its  complete  line- 
up of  features  and  shorts  for  his  thea- 
tres in  Asbury  Park,  Freehold,  Plain- 
field  and  Long  Branch,  N.  J.,  and  the 
Kingston,  Kingston,  N.  Y. 


New  Company 
To  Take  Over 
Poli  Circuit 


(Continued  from  pane  1) 
Thomas  J.  Spellacy,  acting  under  in- 
structions of  the  U.  S.  District  Court 
at  Hartford.  These  bonds  had  been 
pledged  as  security  for  an  issue  of 
debentures.  Their  transfer  is  a  part 
of   the    reorganization   plan. 

At  the  auction  of  all  the  Fox-New 
England  assets  on  Friday  bids  will 
be  presented  by  Lou  Sagal,  now  in 
control  for  Poli,  and  David  Hender- 
son, acting  for  Halsey,  Stuart,  as  re- 
organization managers. 

Eastern  Theatres  Corp.  is  the  name 
of  the  underwriting  syndicate  which 
handled  the  repurchase  of  the  bonds. 
These  bonds  had  been  on  deposit  with 
the   Guaranty   Trust   Co  as  collateral. 

The  new  name  for  the  Poli  circuit 
will  be  Poli-New  England,  Inc.  Sagal 
said  last  night  that  he  hoped  to  have 
the  new  company  in  operation  between 
Nov.   1  and  Nov.  15. 


File  Receiver  Suit 
Vs  Midland,  K.  C. 

(Continued    from    pane    1) 

the  company.  Loew's,  Inc.,  owns  the 
remaining   interest. 

The  petitioners'  attorney  asked  that 
the  plea  be  heard  Thursday  for  ap- 
pointment of  a  receiver  pending  ad- 
justment of  the  controversy.  He 
alleged  the  company  was  organized  in 
February,  1927,  and  the  property  then 
leased  for  10  years  to  the  theatre  and 
the  realty  subsidiary  of  Loew's,  Inc. 
The  plaintiffs  assert  they  acquired 
500  shares  of  Class  A  stock  and 
Loew's,  Inc.,  a  similar  block  of  Class 
B  stock,  each  valued  at  $312,500. 
Class  B  stockholders  are  listed  as 
Nicholas  M.  Schenck,  David  Bern- 
stein and  Edward  A.  Schiller. 

The  plaintiffs  allege  Loew's  con- 
spired to  deprive  them  of  their  con- 
tractual rights  and  failed  to  collect 
rental  from  the  theatre.  They  charge 
$225,000  in  profits  has  accumulated 
which  should  be  equitably  distributed 
as  dividends.  The  court  is  asked  to 
prevent  Loew  stockholders  from  ac- 
quiring control  of  the  company,  to 
determine  whether  the  rental  contract 
has  been  observed  and  to  compel 
stockholders  and  directors  meetings  to 
be  held  in  Missouri.  It  is  charged 
the  defendants  failed  to  advise  with 
the  plaintiffs  in  matters  concerning 
the   company. 

Midland  Investment  Co.  officers  are 
Schenck,  president ;  Woolf,  first  vice- 
president  ;  Schiller,  second  vice-presi- 
dent ;  Bernstein,  treasurer,  and  Shan- 
berg,  secretary.  Shanberg  is  now  in 
the    east. 


Actors*  Guild  Roll 
Aims  at  1,500  Mark 

Hollywood,  Oct.  17. — The  Actors' 
Guild  is  gathering  momentum  in  or- 
ganizing important  names  of  actors. 
The  membership  is  climbing  and  it 
is  expected  to  reach  1,500  before  the 
week  is  over.  Jimmy  Durante  and 
May  Robson  are  the  latest  stellar 
names    to    join. 


THE  LARGEST  THEATRE 


TO  THE  BIGGEST  BUS 


NEW  YORK  CRITICS  RAVE 
AS  THOUSANDS  POUR 
INTO  'ROXY'S'  MAMMOTH 
RADIO  CITY  MUSIC  HALL 

"A  masterpiece/   Worth  whatever  price  they 

charge  to  see   it.  —  Regino  Crewe,  N.  y   American 

"Don't  miss  it.'  Extraordinary  fun  J  You'll  applaud 

Laughton  with  cheers.      —  Bland  Johaneson,  Daily  Mirror 

"Magnificent/  Superb  entertainment/  Brilliantly 

constructed!  —  Rose  Pelswick,  Evening  Journal 

"Handsome/    Striking/   Brilliantly   depicted/ 
Admirably  told/  Here  is  acting  in  its  richest  and 

grandest  manner/"  — Richard  Waits,  Herald  Tribune 

"A  never-to-be-forgotten  performance/" 

Kale  Cameron,  Daily  News 

"Nothing  less  than  triumphant/   Laughton's 
performance  one  to  cheer  about/" 

—  Wm.  Soehnel,  World-Telegram 

"Nothing  so  entertaining,  so  completely  grand/ 
Deserves  all  superlatives  at  command  of  movie 


f2 


i 


gazer 


—  Martin  Dickstein,  Brooklyn  Eagle 


"Laughton  never  more  effective/  As  beautiful  a 
group  of  women  as  ever  surrounded  a  tyrant/" 

—  John  S.  Cohen,  Evening  Son 

"Directed   with   rare  skill/   Will   make   motion 

picture  history/"  —  Thornfon  Oe/ehonfy,  Evening  Pojf 


CHARll 


m 


%evmM 


Released  thru 


M  THE  WORLD  OPENS 


ESS  IN  ITS  HISTORY! 


UFE  OF  HENRY  Vffl 


NITED  ARTISTS 


Presented   by 

LONDON     FILMS 

Directed    by 


ALEXANDER    KORDA 


MOTION  PICTURE 

DAILY 


Wednesday,  October   18,    1933 


Angel"  Hits 
$24,100,  Top 
Detroit  Take 


Detroit.  Qpt.  17. — ^For  the  first 
time  in  more  than  a  year,  first  runs 
here  went  over  their  total  average 
gross,  the  six  big  houses  garnering  in 
S87,80(J^  against  a  $77,000  average. 
"I'm  Xo  Angel."  playing  the  State 
nine  shows  a  day  and  piling  up  $24,- 
100  for  that  time,  led  the  field.  Aver- 
age for  the  theatre  is  $12,000. 

Ben  Bemie  and  his  aggregation  at 
the  Downtown  with  "No  Marria.ge 
Ties"  on  the  screen,  got  $16,500  against 
a  $10,000  average,  and  the  Fox.  with 
"Charlie  Chan's  Greatest  Case"  and  a 
varietv  show,  managed  to  go  to  $15,- 
400,  $400  over  par.  while  "The  Bow- 
ery" was  $2,300  over  average  at  the 
United  Artists  with  $12,300. 

Estimated  takings  for  the  week  end- 
ing Oct.   12: 

"NO    MARRIAGE    TIES"    (Radio) 

DOWNTOWN— (2,750),  25c-50c,  7  days. 
Stage:  Ben  Bernie  and  band.  Gross:  $16.- 
500.    (Average.   $10,000.) 

"TOO    MUCH   HARMONY"    (Para.) 

FISHER— (2,975).   15c-40c,   7  days.     Gross: 
$5,200.    (Average.    $10,000.) 
"CHARLIE   CHAN'S  GREATEST   CASE" 
(Fox) 

FOX— (5.100),  15c-50c.  7  days.  Stage: 
Harry  Rose.  Al  Norman.  Albee  Sisters, 
Novak  &  Fay.  Gross:  $15,400.  (Average. 
$15,000.) 

"STAGE  MOTHER"   (M-G-M) 

MICHIGAN— (4.100),      25c-50c,      7      days. 
Stage:    Ritz    Brothers.    Lanny    Ross.   Sylvia 
Froos.     Gross:    $14,300.    (Average,   $20,000.) 
"THE  BOWERY"   (U.  A.) 
UNITED     ARTISTS— (2.070).     25c-50c.     7 
days.    Gross:    $12,300.    (Average.   $10,000.) 
"I'M    NO    ANGEL"    (Para.) 
STATE^(3.000).    25c-50c.    5    days.    Gross: 
$24,100.     (Average,   seven   days.   $12,000.) 


"Big  Six"  Trailer  Free 

Paramount  accounts  are  being  sup- 
plied with  free  trailers  on  the  com- 
pany's next  six  pictures  which  are 
known  as  "The  Big  Six."  The  trailer 
announces  as  forthcoming  attractions 
"Alice  in  Wonderland,"  "The  Way  to 
Love,"  "I'm  No  Angel,"  "Design  for 
Living,"  "Duck  Soup"  and  "Cradle 
Song." 


Denies  Changes  at  "U" 

Hollywood,  Oct.  17. — Denying  ru- 
mors of  a  change  in  the  executive 
structure  at  the  studio,  Carl  Laemmle, 
Jr..  today  issued  a  statement  that 
J'Vank  Mastroly  will  continue  as  as- 
sistant to  Carl  Laemmle,  Sr.,  and  co- 
operate with  all  executives.  The 
story  was  around  that  Mastroly  would 
be   made  executive   studio   manager. 


Mae  West  Grabs  $51,000 

"I'm  No  Angel"  grossed  $51,000  in 
the  first  four  days  at  the  New  York 
Paramount.  It  is  being  held  a  second 
week  and  is  likely  to  be  held  a  third, 


"Angel"  Drive  On 

Paramount  is  making  a  drive  for 
extended  playing  time  on  "I'm  No 
Angel."  There's  no  limit  on  the 
amount  of  repeat  runs  on  the  Mae 
West  flicker. 


"U"  Buys  Two  Stories 

Hollywood,  Oct.  17.— Universal  has 
purchased  "Interlude,"  by  Octavus 
Roy  Cohen,  and  "Bravely  Waiting," 
by  Norman  Houston. 


Looking  ^Em  Over 


(Continued  from  page  2) 

"Skyway" 

{Monogram) 

Comedy  and  melodrama  are  combined  for  an  entertaining  picture,  which 
yesterday  met  with  the  approval  of  a  Loew's  New  York  audience.  Ray  Walk- 
er has  a  pleasing  personality  and  he  got  over  with  the  patrons.  As  a  happy- 
go-lucky  aviator  in  the  mail  service,  he's  always  getting  into  trouble  until 
finally  he  is  fired.  He  meets  Kathryn  Crawford,  daughter  of  Claude  Gilling- 
water,  a  bank  president,  and  a  romance  ensues.  The  girl  is  an.xious  to  have 
him  settle  down  and  arranges  with  her  father  to  get  Walker  a  job  in  the 
bank. 

Walker  leaves  his  job  when  the  bank  executives  turn  down  a  proposition 
to  finance  a  new  air  route  which  would  take  mail  from  steamers  400  miles 
out  and  bring  it  to  shore.  Shortly  after  there  is  a  shortage  in  the  bank  and 
the  hero  is  accused.  George  Hays,  the  vice-president,  is  the  real  culprit. 
How  Walker  takes  him  off  a  steamer  enroute  to  South  America  is  amusing. 
He  vindicates  himself  and  takes  the  heroine  for  a  spin  to  Yuma  and  a  preach- 
er. Lucien  Littlefield  and  Arthur  Vinton  also  do  nice  work  in  a  thoroughly 
enjoyable  attraction. 


» 


''Rainbow  Ranch 

(Monogram) 

Rex  Bell  comes  through  with  another  performance  which  his  followers  will 
go  for  in  a  big  way.  He  supplies  plenty  of  action  as  the  hero  who  doesn't 
hesitate  to  fight  it  out  with  anyone,  whether  in  the  Navy  or  in  the  cow  coun- 
try. At  the  start  he's  a  fighter  in  Uncle  Sam's  sea  force.  He  is  requested  by 
his  aunt  to  visit  her  ranch,  as  trouble  is  brewing.  Enroute  west  he  meets 
Cecelia  Parker  on  the  train  and  later  learns  she  is  his  neighbor  at  home. 

When  Bell  arrives  at  the  ranch  he  finds  that  one  of  the  cow  men  has  bought 
up  most  of  the  land  in  the  vicinity  of  his  aunt's  property.  The  culprit  has 
even  dammed  the  water  supply  for  the  cattle.  Bell  visits  the  village  attorney, 
and  just  as  he  is  about  to  learn  who  murdered  his  uncle,  the  barrister  is  killed. 
The  hero  is  held,  but  later  is  cleared  when  the  girl's  father  fails  to  match  the 
bullet  of  the  killer  with  that  of  Bell's  gun.  Tracing  the  bullet  further,  the  cul- 
prit is  revealed  as  the  man  who  has  been  trying  to  force  the  hero's  aunt  out 
of  the  country.  That  makes  it  okay  for  Bell  and  Miss  Parker  to  join  ranches 
and  names.  Also  in  the  cast  are  Robert  Kortman,  Henry  Hall  and  Gordon 
De   Maine. 


'Before  Morning' 


(Louis  Weiss) 

The  mysterious  death  of  Lora  Baxter's  illicit  lover  brings  a  series  of  com- 
plications which  involve  suicide  and  murder.  When  the  body  of  the  victim 
is  shipped  to  a  sanitarium  to  make  it  appear  as  though  the  man  had  died 
there  instead  of  at  Miss  Baxter's  home,  Leo  Carrillo  is  assigned  to  the  case. 
After  much  cross  examination  in  which  the  heroine  and  the  dead  man's  wife 
are  the  pivotal  factors,  the  hero  elicits  the  result  he  is  after. 

While  it  first  appeared  that  the  man  had  died  of  heart  failure,  and  later 
that  he  had  committed  suicide  when  he  swallowed  the  wrong  pill,  Carrillo 
discovers  that  nicotine  poison  was  put  into  one  of  the  pills  and  this  caused 
the  death.  Reason :  The  victim's  wife  wanted  to  marry  another  man  and 
couldn't   do   it   while   her   husband   was   alive. 

There  are  some  good  exploitation  possibilities  for  plugging  this  independ- 
ent release. 


SHORTS 


"The  Wolf  Dog" 

(Mascot) 
"The  Wolf  Dog"  brings  Rin-Tin- 
Tin,  Jr.,  back  to  the  screen.  Moving 
at  a  fast  pace,  it  has  most  of  the  in- 
gredients children  demand  in  serials. 
The  story  tells  of  a  youngster  wh.o 
starts  out  to  claim  an  inheritance  to 
which  he  has  fallen  heir.  Two  persons 
are  anxious  to  get  him  out  of  the  way 
and  claim  part  of  the  money  for  thetji- 
selves.  One  is  his  stepfather  and  the 
other  the  man  in  whose  hands  the 
boy's  father  left  his  wealth  at  death. 
How  the  lad,  with  the  aid  of  Rin-Tin- 
Tin,  manages  to  escape  these  two  men 
provides  a  series  of  thrills.  In  the  cast 
are  Frankie  Darro,  Boots  Mallory. 
Fred  Kohler,  Hale  Hamilton,  Henry 
B.  Walthall,  Dickie  Moore,  Lane 
Chandler,  George  Lewis  and  Niles 
Welch.    Running  time,  20  mins. 


"Peeping  Tom" 

( Universal) 
Fourth    of   the    Louis    Sobol    series 
which    Rowland-Brice    are    producing 


for  Universal.  The  New  York 
Evening  Journal  columnist  introduces 
a  list  of  entertainers  headed  by  Roy 
Atwell  and  all  do  a  turn  before  the 
camera.  Has  unusual  merits  for  those 
who  like  to  see  on  the  screen  the 
names  they  read  of  in  the  Broadway 
gossip  columns.  Running  time,  17 
mins. 


"The  Land  O'  Burns" 

(The  Film  Exchange) 
Lovers  of  Robert  Burns  will  enjoy 
this  panoramic  study  of  the  poet's 
surroundings.  His  home  and  the  near- 
by country  are  all  pictured  as  the 
views  stand  today.  There  is  beauty 
to  the  rustic  Scotland  pictured  here. 
Running  time.  20  mins. 


"Static" 

(Educational) 
Tom  Howard  is  bequeathed  $5,000 
by  his  aunt  and  with  a  cousin  buys  a 
radio  shop  which  has  its  complica- 
tions. There  are  a  number  of  wise- 
cracks, some  witty  and  others  old. 
Running   time,   20   mins. 


"Vickers"  and 
^Tlight"  Twin 
Cities'  Leads 


Minneapolis,  Oct.  17.— "Ann  Vick- 
ers"  and  "Night  Flight"  divided  box- 
otfice  honors  in  both  the  Twin  Cities, 
with  "The  Masc|uerader''  a  close  sec- 
ond in  a  week  of  strong  films. 

Minneapolis'  five  houses  grossed 
$18,000.  where  the  average  is  $17,200. 
St.  Paul's  quartet  totaled  $15,400,  well 
above  the  usual  $14,000. 

Estimated  takings : 

Minneapolis: 

Week  Ending  Oct.   12 : 
"THE  MASQUERADER"  (U.  A.) 

CENTURY    —    (1,640)    (25c-40c),    7    days. 
Gross:    $3,900.     (Average.   $3,500.) 
"CHARLIE   CHAN'S  GREATEST  CASE" 
(Fox) 

LYRIC— (1,238),  20c-25c.  7days.  Gross: 
$1,500.    (Average,    $1,500.) 

Week  Ending  Oct.  13: 

"ANN   VICKERS"    (Radio) 

RKO  ORPHEUM— (2.900).  20c-40c,  7  days. 
Gross:    $6.00.').      (Average.    $5,500.) 

"NIGHT   FLIGHT'    (M-G-M) 

STATE— (2,300),  25c-40c,  7  days.  Gross: 
$6,000.    (Average.   $5,500.) 

"FANTEGUTTEN"     (Norwegian) 

WORLD— (400).  25c-75o,  7  days.  Gross: 
$1,200.     (Average.  $1,200.) 

St.  Paul: 

Estimated  takings  for  the  week  end- 
ing Oct.  13: 

"NIGHT   FLIGHT"    (M-G-M) 
PARAMOUNT— (2.300),    25c-40c.    7    days. 
Gross:    $5,500.     (Average,   $5,000.) 

"THE  MASQUERADER"  (U.  A.) 
RIVIERA— (1.200).  25c-40c,  7  days.  Gross: 
$3,900.     (Average.  $3,500.) 

"ANN   VICKERS"   (Radio) 
RKO  ORPHEUM— (2.600),  20c-40c,  7  days. 
Gross:   4,500.    (Average.   $4,000.) 

"THIS    DAY    AND    AGE"    (Para.) 

TOWER— (1,000).    15c-25c,    4   days.    Gross: 

$800.     (Average.    $800.) 

"THE    NARROW   CORNER"    (Warners) 

TOWER— (1,000).   15c-25c,  3   days.    Gross: 

$700.     (Average,    $700.) 


Majestic  Takes  on 
Three  B,  /.  P.  Films 

Majestic  Pictures  has  acquired 
American  distribution  rights  to  three 
B.  1.  P.  pictures  featuring  American 
players,  thereby  boosting  Majestic's 
current  release   schedule  to  IS. 

The  deal,  negotiated  between  Her- 
man Gluckman,  Majestic  president, 
and  Arthur  Dent,  B.  I.  P.  vice-presi- 
dent, gives  Majestic  a  Thelma  Todd- 
Stanley  Lupino  comedy;  a  Ben  Lyon 
and  Sally  Filers  farce  comedy,  and  a 
romantic  comedy  drama  with  Con- 
stance   Cummings. 

Majestic  thus  has  six  pictures  ready 
for  release  on  the  current  schedule, 
the  first  of  three  of  the  company's 
original  schedule  of  12  having  already 
been   completed. 


Educational  Busy  on  11 

I'^leven  Educational  shorts  are  in 
production  or  in  preparation  at  the 
Eastern  Service  Studios  here  and  on 
the  coast.  Among  those  being  made 
in  the  east  are  "Mister  Adam."  star- 
ring Ernest  Truex ;  "Git  Along.  Lit- 
tle Doggies,"  comedies  starring  Moran 
&  Mack  and  Stoopnagle  &  Budd  and 
a  Terry-Toon,  with  "Million  Dollar 
Melody"    in    process    of    editing. 

The  coast  studios  are  busy  on 
"What  a  Wife,"  "Easy  Mark  An- 
thony," "The  Midnight  Male"  and  a 
"Frolics    of    Youth"    comedy. 


Universal's  New  Deal! 


INTERSTATE  THEATRE  CORP. 

Eddie  Anson^  Harold  Stoneman 

Operating  titeatres  in  Piymoutii,  Af ass. ,  Revere^  l^ass., 
Rochester,  N.  If.,  Great  Barrington,  l^lass.,  Milford  Mass.f 
Soutltbridge,  IVIass.,  Bellows  Fa/fs,  Vt,  Stoughton^  Mass., 
Putnam,  Conn.,  Danielson^  Conn,  and  Rockville,  Conn,, 

signs  for 

UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


Thanks^  Messrs  Anson  and  Stoneman, 
for  your  confidence  in  Universal  Pictures. 

We  will  do  our  part. 


10 


MOTION  PICTURE 

DAILY 


Wednesday,  October  18,   1933 


ii 


Flight"  Is 
Kansas  City 
Top,  $14,700 


Kansas  City,  Oct.  17. — "Night 
Flight"  was  No.  1  attraction,  drawing 
the  crowds  at  Loew's  Midland  for  a 
take  of  $14,700,  above  par  by  $4,700. 
"Ann  Vickers,"  at  the  RKO  Main- 
street,  went  over  average  by  $500  and 
grossed  $7,500,  while  "My  Weakness," 
a  Fox  Uptown  attraction,  was  another 
better  than  average  draw  with  $3,500. 
The  Public  Newman  played  "Golden 
Harvest"  as  a  three-day  filler-in  be- 
tween "To  Much  Harmony"  and  "I'm 
No  Angel." 

Total  first-run  business  was  $28,200. 
.Average,  including  three  davs  at  the 
Newman,  is  $22,500. 

Estimated   takings : 

Week  Ending  Oct.  11: 

"GOLJJEN    HARVEST"    (Para.) 

NEWMAX— (2,000),  25c-40c,  i  days.  Gross: 
$2,500.      (Average    for   3   days,   $2,500.) 

Week  Ending  Oct.  12: 
"ANN  VICKERS"  (Radio) 

MAIXSTREET— (3.(M9),  25c-40c,  7  days. 
Gross:    $7,500.      (Average,    $7,000.) 

Week  Ending  Oct.  13: 
"NIGHT  FLIGHT"   (M-G-M) 

MIDLAND— (4,000),  25c.  7  days,  plus 
Saturday  midnight  show.  Gross:  $14,700. 
(Average,  $10,000.) 

"MY   WEAKNESS"    (Fox) 

UPTOWN— (2,000),  25c-40c,  7  davs.  Gross: 
$3,500.      (Average,    $3,000.) 


Eight  New  Theatre 
Concerns  for  Penn. 

Harrisburc,  Oct.  17. — Recent  appli- 
cations for  state  charters  have  been 
filed  with  Richard  J.  Beamish,  secre- 
tary of  state,  as  follows : 

Colonial  Amusement  Co.,  Inc., 
Phoenixville;  Lewen  Pizor,  Jennie 
Pizor  and  Rosalie  Coane,  all  Phila- 
delphia, and  Herman  Coane,  Phoenix- 
ville, incorporators.  Capital  stock, 
$10,000. 

Northampton  Theatre  Co.,  Inc., 
1228  Vine  st.,  Philadelphia ;  James  P. 
Clark  and  Jack  H.  Greenberg,  both 
Philadelphia,  and  Dorothy  Dennis, 
Stonehurst.    Capital  stock,  $500. 

Lyric  Theatre,  Minersville,  Inc.,  of 
Minersville,  Lewen  Pizor,  Dorothy 
Pizor  and  Ruth  Pepper,  all  Philadel- 
phia.   Capital  stock,  $5,000. 

Beaver  Valley  Amusement  Co., 
Pittsburgh,  Alexander  Cooper,  Ben- 
jamin Greenwald  and  Rebecca  Gold- 
berg, all  Pittsburgh.  Capital  stock, 
$10,000. 

Brunswick  Theatre  Corp.,  2011 
Frankford  Ave.,  Philadelphia,  Sadie 
M.  Morris,  David  Wachtel  and  Anna 
Rosenthal,  all  Philadelphia.  Capital 
stock,  $2,510. 

Harris  Amusement  Co.,  of  Jean- 
nette.  Pa.,  Pittsburgh,  F.  J.  Harris, 
Crafton;  J.  T.  McGreevy,  Mount  Le- 
banon, and  G.  S.  Harrison,  Oakmont. 
Capital  stock,  $5,500. 

Berwick  Theatre  Co.,  Scranton ;  T. 
L.  Hoban,  Ann  Coleman  and  L.  F. 
Casey,  all  of  Scranton.  Capital  stock, 
$2,500. 

Tri-Delphi  Corp.,  Johnstown,  J.  P. 
Murray  and  Frank  S.  Muzzey,  both 
Philadelphia,  and  Thomas  J.  Cauley, 
Narberth.    Capital  stock,  $5,000. 


Wilmington  Savoy  Open 

Wilmington-,  Oct.  17.— The  Savoy, 
second  and  third  run  Stanley-Warner 
house,  has  reopened  for  the  winter 
season.    No  manager  has  been  named. 


'Tlight,  "  $5,300  Over  Par, 
Leads  in  L.  A.  At  $19,300 


Los  Angeles,  Oct.  17. — "Night 
Flight"  came  up  to  expectations  at 
Loew's  State  last  week  by  piling  up 
a  gross  of  $19,300,  over  par  by  $5,300. 
This  was  the  biggest  business  in 
town. 

"Dinner  at  Eight"  held  up  to  $17,- 
237  in  its  fifth  week  at  Grauman's 
Chinese,  and  "Gold  Diggers"  was  still 
good  for  $11,000  in  the  second  week 
of  its  return  engagement  at  Warners' 
Downtown.  Elsewhere  things  were 
quiet. 

Total  first-run  business  was  $91,687. 
-Average   is  $90,750. 

Estimated  takings  for  the  week  end- 
ing Oct.  1 1 : 

"DINNER    AT    EIGHT"    (M-G-M) 

CHINESE— (2,500),  50c-$1.65,  5th  week, 
4  days.  Sid  (irauman  prologue.  Gross: 
$17,237.  (Average.     $14,000.) 

"NIGHT  FLIGHT"   (M-G-M) 

LOEWS      STATE— (2,415),       25c-S5c.       7 
days.        Stage     show,     Ed    Lowry    and     his 
band.       Gross:    $19,300.       (Average.    $14,000.) 
"THE    WAY    TO    LOVE"     (Para.) 

PARAMOUNT— (3,598),  25c-55c,  7  days. 
Stage  show.  Gross:  $17,250.  (Average, 
$18,000.) 

"LADY    FOR    A    DAY"    (Col.) 

RKO— (2,700),  2Sc-40c.  7  days.  Gross: 
$6,300.       (Average,    $8,000.) 

"GOLD  DIGGERS  OF  1933"   (Warners) 

WARNER     BROS.      (Hollywood)— (5,0001. 

25c-55c.    2nd    week,    7    days.       Teddy    Joyce 

and    his    orchestra.        Stage     show.     Gross: 

$9,500.        (Average,    $14,000.) 

"GOLD    DIGGERS    OF    1933"     (Warners) 

WARNER  BROS.  (Downtown)— (3.400), 
25c-55c.  2nd  week,  7  days.  Herman  Hell- 
er and  his  band,  stage  show.  Gross: 
$11,000.        (Average,     $12,000.) 

"RED    HEAD"    (H.    Bregstein) 

FILM  ARTE  THEATRE-(890).  40c- 50c, 
4th    week,    7    days.       Gross:    $2,000. 

"THE    MASQUERADER"    (U.    A.) 

CRTTERTON— (1,610),  25c-55c.  7th  week. 
7  days.  Stage  show.  Gross:  $2,100.  (Av- 
erage.   $2,800.) 

"CURTAIN     AT     8"     (Majestic) 
"THE   FILM   PARADE"    (Blackton) 

LOS  ANGELES  THEATRE— (3.00O1,  15c- 
25c.  7  days.  Gross:  $3,500.  (Average,  $3,- 
700.) 

"FLAMING    GOLD"    (Radio) 

"THE   GOOD    COMPANIONS"    (Fox) 

ORPHEUM  THEATRE— (3.200).  25c- 
35c.  7  days.  10  acts  vaudeville.  Gross: 
*''  "y).        (Average,    $4,250.) 


"Harmony"  $8,000 
Hit,  Indianapolis 

Indianapolis,  Oct.  17,— "Too  Much 
Harmony"  at  the  Circle  did  big  busi- 
ness last  week  with  a  gross  of  $8,000. 
which  is  $4,500  better  than  oar.  The 
Palace  with  "Stage  Mother"  hit  par 
with  a  gross  of  $4,500. 

Total  for  the  four  first  runs  was 
$23,500.    Average  is  $20,500. 

Estimated  takings  for  the  week  end- 
ing  Oct.   7: 

.  „„^  "M^  WEAKNESS  (Fox) 

APPOLO-(l.lOO).  2.5c-40c.  7  days  Gross: 
$2,000.      (Average.   $2..':00.) 

"J9<>   MUCH    HARMONY"    (Para.) 

riRrr,F,-(2.800).  25c.40c.  7  days  Gross- 
$8,000.      (Average,    $3..50O.) 

"BRIEF  MOMENT"  (Col.) 

INDIANA   -f3..300V    25c-!;!;c.      Crazv    Onilt 

on  stage.     Gross:  .$9,000.     (Averaire.  $10,000.) 

"STAGE   MOTHER"   (M-G-M) 

U^m-^^F-'^-'^\/l^^'-  7  ^^y^-    Gross: 
$4. ,500.      (Average.    $4,500.) 


Paschall-IATSE  Sign 

AMARn.i.o.  Tex.,  Oct.  17— After 
many  months  of  strife,  the  Paschall- 
Texas  theatres  have  signed  with  the 
I.  A.  T.  S.  E.  to  employ  union  pro- 
lectionLsts  and  stage  hands  hence- 
forth. C.  E.  Rupard,  bu.siness  man- 
ager of  the  Dallas  local,  assisted  in 
closmg    the    contracts. 


Too  Much  Applause 

New  Orleans,  Oct.  17.— You 
wouldn't  think  it  possible  for 
a  man  to  blow  a  cornet  so 
hard  he  dislocated  his  knee, 
would  you?  Louis  Prima  can 
tell  you  different.  When  he 
finished  playing  "Basin  Street 
Blues"  at  Beverly  Gardens, 
recently,  Louis  took  one  bow 
too  many,  slipped  and  in 
striking  the  floor  on  one 
knee,  injured  it  so  badly  he's 
confined  tQ  bed. 


"Penthouse"  Pulls 
$10,000  in  Omaha 


Omaha,  Oct.  17.— A  heavy  cam- 
paign on  "Penthouse,"  it:cluding  daily 
installments  of  the  story  in  serial  form 
in  the  Bee-News  and  hundreds  of 
lines  of  display  space  from  the  same 
Hearst  daily,  broke  the  Orpheum's 
seven-day  record  with  an  all-film 
policy,  bringing  the  house  about  $10,- 
000.  Only  two  weeks  ago  "Dr.  Bull" 
set  a  new  record  of  $9,750. 

"Penthouse"  built  steadily  from  the 
opening  show.  The  other  feature  on 
the  Orpheum  bill  was  "One  Year 
Later." 

At  the  Paramount,  "Too  Much 
Harmony"  was  in  the  money  at  $7,750. 
A  dual  bill  at  the  World  of  "The 
Wrecker"  and  "Beauty  for  Sale"  fell 
a  little  under  par  at  $5,500. 

Total  first  run  business  was  $23,250. 
Average  is  $20,600. 

Estimated  takings  for  the  week  end- 
ing Oct.  7: 

"PENTHOUSE"    (M-G-M) 

"ONE  YEAR  LATER"  (First  Division) 

ORPHEUM— (3.000),    2Sc-35c-40c.    7    days. 
Gross:     110,000.         (Average,     $7250.) 
"TOO  MUCH  HARMONY"  (Para.) 

PARAMOUNT^   (2,900),    25c -30c -35c -50c,    7 
days.     Gross:  $7,750.     (Average  $7,500.) 
"THE    WRECKER"    (Col.) 
"BEAUTY  FOR  SALE"  (M-G-M) 

WORLD^(2,S00),  25c-35c,  7  days.  Gross: 
$5,500.      (Arerage,    $5,850.) 


Emporia  House  Open 
Sunday  Until  Test 

Emporia,  Kan.,  Oct.  17. — City  po- 
lice will  not  interfere  with  Sunday 
shows  at  the  Lyric  until  after  a  test 
case  has  been  heard  in  the  October 
term    of   the    district    court. 

O.  E.  Briles,  manager  of  the  Lyric, 
operated  his  theatre  recently  with- 
out being  molested,  although  he  was 
arrested  twice  the  Sunday  before.  He 
was  found  guilty  and  fined  in  police 
court,  but  gave  bond  and  appealed  to 
the  higher  court. 

The  two  Fox  houses  here  have  so 
far  remained  dark  on  tlie   .Sabbath. 


"Pigs''  Pittsburgh  Hit 

Pittsburgh,  Oct.  17. — After  receiv- 
ing almost  1,000  calls  weekly  from 
customers  inquiring  where  they  could 
see  "The  Three  Little  Pigs,"  the  Penn 
is  now  playing  a  return  engagement 
of  the  Walt  Disney  short  in  conjunc- 
tion with  "Night  Flight." 


^Don't  Bet;' 
Whiteman  Big 
Boston  Draw 


Boston,  Oct.  17. — Downtown  the- 
atres continued  their  steady  forward 
march  with  every  first-run  going  well 
above  average. 

RKO  Boston  was  high  for  the  week, 
but  in  addition  to  "Don't  Bet  on 
Love"  it  had  Paul  Whiteman  and  his 
orchestra  on  the  program.  The  box- 
office  went  $4,000,  above  par  to  $20,- 
000.  It  was  the  highest  gross  here 
in  a  long  period  of  months. 

Metropolitan,  with  "Golden  Har- 
vest," and  RKO  Keith's,  with  "Ann 
Vickers,"  did  $3,000  and  $2,500  above 
average,  respectively,  while  the  others 
were  well  up. 

Total  first-run  business  was  $106,- 
500.    Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  5 : 

"DON'T  BET   ON   LOVE"    (Univ.) 

BOSTON— (2,900),  25c-50c,  7  days.  Paul 
Whiteman  and  orchestra.  Gross:  $20,- 
000.         (Average,     $16,000.) 

"I    LOVED    A    WOMAN"    (F.    N.) 
"BEFORE    DAWN"    (Radio) 

FENWAY— (1,800),       30c-50c,       7       days. 
Gross:    $9,500.        (Average,    $9,000.) 
"ANN    VICKERS"     (Radio) 

KEITH'S— (3,500),  30c-50c.  7  days.  Mr. 
and  Mrs.  Jesse  Crawford  at  organ.  Gross: 
$18,500.        (Average,    $16,000.) 

"STAGE    MOTHER"    (M-G-M.) 

LOEW'S  STATE— (3.700),  35c-50c.  7 
days.  Vaude.  Gross:  $17,500.  (Average, 
$16,000.) 

"GOLDEN  HARVEST"  (Para.) 

MEITROPOLITAyN— (4,350),  30c-65c,  7 
days.  Vaughn  de  Leath  and  Revue.  Gross: 
$31,000.  (Average,     $28,000.) 

"I   LOVED  A  WOMAN"   (F.  N.) 
"BEFORE  DAWN"  (Radio) 

PARAMOUNT— (1,800),  30c-50c,  7  davs. 
Gross:    $10,000.       (Average,    $9,000.) 


Pittsburgher  Tries 
Portable  Equipment 

PiTSBURGH,  Oct.  17.— Earl  Rosser, 
former  manager  here  for  both  the 
Harris  interests  and  later  Warners, 
has  turned  exhibitor  with  a  motorized 
equipment.  Rosser  has  picked  up  a 
truck  outfitted  with  portable  trap- 
pings and  is  going  in  for  entertain- 
ments in  private  homes  and  clubs. 

He's  also  planning  to  invade  the 
thinly  populated  surrounding  commu- 
nities which  have  no  local  theatres. 


Regal  Has  ''Henry  VI 1 1" 

Toronto,  Oct.  17. — Although  "The 
Private  Life  of  King  Henry  VIII," 
a  British  production,  is  being  released 
in  the  United  States  by  U.  A..  Can- 
adian distribution  is  controlled  by 
N.  L.  Nathanson  through  Regal 
Films,  Ltd.,  and  not  by  Canadian 
United  Artists,  It  will  be  released 
as  a  roadshow  in  Canada. 


Open  Australian  House 

Sydney,  Oct.  17. — Australian  pro- 
duction has  progressed  to  the  point 
where  the  first  "All-Australian"  house 
has  been  opened  here.  Two  years  ago 
the  first  "All-British"  house  was 
opened.  Cinesound  Productions'  "The 
Squatter's  Daughter,"  was  the  first 
feature. 


Open  Montclair  House 

Montclair.  N.  J.,  Oct.  17.— Rapf. 
Rudin  &  Ronheimer  opened  the  Mont- 
clair recently,  making  the  second  local 
house  in  the  circuit.  The  other  is  the 
Bellevue. 


"RED"     BRANAHAN 

Something  always  happened  in  the 
old  neighborhood  when  "Red"  was 
out  on  bail! 


ADONIRAM    SCHLUMPP 

Poor  little  rich  boy  and  no  mother 
to  guide  him  .  .  what  a  break  for 
Aggie  Appleby  "Maker  of  Men"! 


u 


here  are 
Dames,  Skirts,  Frails, 
Babyfaces,  Funnyfaces, 
Angel  Faces,  Redheads, 
Blackheads,  Boneheads, 
Cuties,  Snooties,  Beauties, 
BUT  YOU  NEVER  KNEW  A 
GAL  LIKE 


AGGIE  APPLEBY 

MAKER  OF  MEN" 

She  Toole  '£m  Apart  — and  Gave  'Em  the  Works  I 

starring 

CHARLES  FARRELL 
WYNNE    GIBSON 


with 

WILLIAM  GARGAN 
ZASU     PITTS 

BETTY  FURNESS    BLANCHE  FRIDERICi 

DIRECTED     BY    MARK    SANDRICH 
A  PANDRO  S.  BERMAN  PRODUCTION 


THERE'LL  BE  A  PANIC  AT  RADIO  CITY  MUSIC  HALL 
WHEN   "AGGIE"  BLOWS  IN   ! 


MERIAN  C.  COOPER 

Executive    Producer 


FACE   TO    FACE    WITH    YOUR    FUTURE! 


Facm^you  on  this  page  is  your  future  star 

NUIHH  WIKtC 

n  Paramount's 

C    A     /?     D     I      €         SONG 

From  tFie  screen  play  by  Marc  Connolly,  author  of 

'Green  Pastures".  .  .  .   Directed  oy  Mitchell  Leisen 

Paramount  gave  you   two   major  stars  during   the 

past  year,  Mae  West  and    Bing  Crosby That 

Paramount  is  again  developing  a  real  star  is  indi- 
cated  by  these  letters  from  well-known  showmen: 


We  agree  with^u  that  Dorothea 

Wieck  has  tremendous  possibilities." 

John  J.  Friedl 

"Regarding  Dorothea  Wieck,  I  am 
very  enthusiastic  about  the  possibility 
of  her  becoming  an  outstanding  per- 
sonality in  our  business."  Mike'Marco 


PARAMOTTTMT     PTPTTTRF.      if   c     flno     K^^sf     clinw     in    fown  i 


L 


The  Leading 

Daily 

Newspaper 

of  the* 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 
Faithful 

the  Indiistry 
in  All 
Branches 


VOL.  34.    NO.  93 


NEW  YORK.  THURSDAY,  OCTOBER  19,  1933 


TEN  CENTS 


Censors  Here 
Ban  10,  Cut 
317  in  Year 


Total  of  lf762  Examined 
253  Under  1932 


Ten  fiilms  were  rejected  in  toto 
and  eliminations  were  made  in  317  of 
a  total  of  1,762  examined  during  the 
fiscal  year  ending  on  June  30,  leaving 
1,435  passed  without  cuts,  according 
to  the  annual  report  made  public 
yesterday  by  Irwin  Esmond,  director. 

During  the  previous  year,  the  last 
under  Dr.  James  Wingate's  regime, 
the  board  examined  2,015  films  and 
made  eliminations  in  326.  Thus,  in 
spite  of  the  fact  that  the  total  num- 
ber of  films  dropped  by  273  the  num- 
ber  of  cuts   was   down  by  only   nine. 

Scenes  considered  "immoral  or  tend- 
ing to  corrupt  morals"  drew  the 
strongest  critical  attention  from  the 
board.  Under  this  heading  1,124  elim- 
inations were  made.  Eliminations 
(.Continued  on  page  9) 


Engineers  to  Seek 
2,000  Membership 

.  Chicago,  Oct.  18.  —  Launching  a 
"new  deal"  plan  at  the  fall  meeting  of 
the  Society  of  M.  P.  Engineers,  in 
progress  here,  the  organization  today 
declared  an  objective  of  2,000  mem- 
bers within  the  year. 

The  plan  calls  for  a  sharp  reduction 
of  membership  dues  together  with  ef- 
forts to  enlist  technicians,  architects 
and  others  contributing  to  the  progress 
of  the  industry. 

At  the  S.M.P.E.  banquet  last  night, 
Dr.  A.  N.  Goldsmith,  president,  stated 
that  the  membership  campaign  will 
be  instituted  in  key  cities  and  said  that 
the  enlarged  scope  planned  for  the 
organization  is  part  of  a  plan  not  only 
to  increase  the  society's  usefulness  but 
(.Continued  on  pane  9) 


Rumor  Marco  Will 
Take  Over  St,  Louis 

St.  Lours,  Oct.  18. — Recent  visits 
of  Mike  Marco  with  Harry  Koplar 
have  started  rumors  that  Marco  is  to 
take  over  the  St.  Louis,  but  Koplar 
denies  this  and  says  that  the  visits 
have  been  to  talk  terms  on  F.  &  M. 
acts   now   playing   at   the   house. 

Charles  Perry  has  succeeded  Jules 
Karty    as    manager    of    the    house. 

The  house  is  to  be  closed  next 
Thursday  night  for  mechanical  stages 
on  the  stage,  according  to  the  an- 
nouncement. 


McDonough  Is 
Put  in  Posts 
Of  Franklin 


No  Successor  Named  for 
Theatre  Operations 

J.  R.  McDonough,  assistant  to  M. 
H.  Aylesworth,  was  elected  yesterday 
to  the  executive  posts  in  RKO  sub- 
sidiary companies  left  vacant  by  the 
resignation  of  Harold  B.  Franklin, 
Aylesworth  stated  at  the  close  of  an 
RKO  directors'  meeting. 

The  actual  RKO  theatre  operating 
duties  will  probably  be  designated  to 
someone  within  the  theatre  depart- 
ment in  the  near  future,  it  is  under- 
stood, with  the  appointment  to  be 
made  either  by  McDonough  or  Ayles- 
worth. 

The  posts  to  which  McDonough 
was  elected  yesterday  are:   President 

(.Continued   on    page    8) 


Report  Marxes  Set 
For  U,A.  Release 

Hollywood,  Oct.  18. — Though  both 
parties  refuse  to  discuss  it,  rumors 
here  are  to  the  effect  that  the  four 
Marx  brothers  and  United  Artists 
have  reached  a  deal  for  release  of 
their    next    picture. 

Reports  are  also  current  that  Har- 
old Lloyd  is  talking  terms  with 
United   Artists. 


Loew  Midland  Suit 
Goes  Over  10  Days 

Kansas  City,  Oct.  18. — Initial 
hearing  scheduled  for  Thursday  in 
the  suit  for  a  temporary  receivership 
and  an  accounting  of  profits  filed 
Tuesday  against  the  Midland  Invest- 
ment Co.,  owners  of  Loew's  Midland, 
by  Herbert  M.  Woolf,  M.  B.  Shan- 
berg  and  F.  H.  Reid  of  this  city,  who 
hold  half  interest  in  the  company,  was 

(Continued  on   pane   8) 


Signs  the  Code 

Ben  Berinstein,  president 
of  the  Independent  Theatre 
Owners  of  Southern  Cali- 
fornia, has  signed  the  code, 
he  declared  prior  to  his  de- 
parture for  Los  Angeles  last 
night. 

He  also  signed  for  two  the- 
atre companies  in  which  he 
is    directly    interested. 


Washington,  Oct.  18.— The 
board  of  directors  of  the 
Southern  California  exhibitor 
unit  has  confirmed  by  wire 
Ben  Berinstein's  signature  to 
Deputy  NRA  Administrator 
Sol   A.  Rosenblatt. 


Actors  Again 
Wire  Protest 

On  Article  5 


Washington,  Oct.  18.  —  Incensed 
over  the  latest  revision  of  Part  5  of 
Article  5,  formerly  Article  10,  of  the 
code,  covering  agents'  activities,  mem- 
bers of  the  Actors'  Guild  today  sent 
protests  to  U.  S.  Senator  Wagner  and 
William  Green,  president  of  the  A.  F. 
of  L. 

The  wire,  signed  by  Eddie  Cantor 
and  John  Howard  Lawson,  asserts 
that    producers    are    given    autocratic 

(Continued  on   page   3) 


Pix  Will  Test  Some 
Demountables  Here 

Pix  Theatres,  Inc.,  recently  organ- 
ized to  market  demountable  theatres 
throughout  the  country,  will  establish 
and  operate  two  or  three  experimental 
houses  itself  before  the  end  of  the 
(Continued  on   page   8) 


Key  Cities  Show  Steady 

Gains  Since  Low  in  June 

Box-ofifice  reports  gathered  from  20  cities  over  a  period  of  one  year  show 
there  has  been  a  slow,  but  steady,  improvement  since  the  second  week  in 
June  when  a  new  low  of  $948,712  was  recorded.  This  improvement  has  con- 
tinued, with  only  five  minor  setbacks,  since  the  second  week  in  July  until  it 
reached  $1,292,201  for  the  week  ending  Sept.  15  and  16. 

For  the  52nd  week  of  the  year's  average,  which  ended  Sept.  22  and  23, 
the  total  was  $1,229,851.  This  is  $397,663  below  the  high  point  reached 
Oct.  20  and  21  last  year. 

Business  for  the  week  ending  Sept.  22-23  fell  ofif  slightly  in  13  spots,  but 
in   seven   others   there   were   slight   gains   over   the   preceding   week.      These 

(Continued  on  page  10) 


Hope  to  Have 
Code  Settled 
By  Saturday 

Reports  for  Johnson  Are 
Being  Prepared 

Washington,  Oct.  18. — The  hope 
that  the  film  code  could  be  presented 
to  Administrator  Hugh  S.  Johnson 
by  Saturday  night  was  expressed  to- 
day by  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt,  following  receipt  of 
a  report  from  the  Labor  Advisory 
Board. 

The  board's  report,  the  deputy  said, 
was  highly  commendatory  and  raised 
no  points  of  criticism  which  will 
necessitate  changes.  Reports  from  the 
Consumers'  and  Industrial  Advisory 
Boards    are    hoped   for   tomorrow. 

Anticipating  that  none  of  the  ad- 
visory boards  will  raise  any  serious 
objections  to  any  points  in  the  code, 
Rosenblatt  today  began  writing  his 
report  to  Johnson.  The  report  will 
be  lengthy,  covering  fully  the  negotia- 
tions leading  to  the  development  of 
the  revised  agreement  made  public  yes- 
terday. Deputies'  reports  to  the  ad- 
ministrator are  confidential,  since 
arguments  for  adoption  of  various 
provisions  are  often  supported  by  sta- 

(Continiicd   on   page   3) 


Allied  "Bungling" 
Charged  in  Detroit 

Detroit,  Oct.  18. — The  charge  that 
independents  would  have  fared  better 
at  Washington  code  conferences  had 
not  Allied  States  leaders  "bungled 
things"  at  the  sessions  and  "bolted" 
the  hearings,  was  made  today  at  a 
meeting  of  61  Detroit  exhibitors  gath- 
ered to  discuss  formation  of  a  new 
independent  exhibitor  organization. 

A  second  meeting  to  complete  the 
(Continued  on  page  3) 


Chase  Film  Moves 
Coming  Up  Friday 

Washington,  Oct.  18. — Film  se- 
curity operations  of  the  Chase  Na- 
tional Bank  will  be  exhaustively  aired 
Friday  by  the  Senate  Banking  and 
Currency  Committee  now  investigat- 
ing Wall  Street  activities. 

Under  the  questioning  of  Ferdinand 
Pecora,  counsel  for  the  committee,  it 
was  disclosed  today  that  the  Chase 
Securities  Corp.,  a  subsidiary  of  the 
bank,  had  carried  $20,714,442  of  Fox 
debentures  and  $10,700,000  of  General 
(Continued  on  Page  8) 


MOTION  PICTURE 

DAILY 


Thursday,  October   19,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

an4    Motion    Pictures    Today 


Vol.  34 


October   19,   1933 


No.  93 


Martin  Quigley 

Editor-in-Chief   and   Pubtisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•^r\  PUBLISHED  daily,  except  Sunday 

r  jl  J  and  holidays,  by  Motion  Picture 
N^^  Daily,  Inc..  a  Quigley  Publication. 
"  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford. 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin.  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926.    at    the      MBA 
Post  Office  at  New   York  City,    v^^  ■*^. 
N.   Y.,  under  Act  of  March  3. 
1879. 

Subscription   rates   per   year:      ,j^_  , 
$6     in     the     Americas,     except      %F^ 
Canada;     Canada    and    foreign     ••••«•■•»" 
$1S.      Single   copies:    10   cents. 


Alicoate  Candidate 
For  Harrison  Board 

Harrison,  N.  Y.,  Oct.  18.— Jack 
Alicoate,  publisher  and  editor  of  The 
Film  Daily,  is  taking  a  fling  at  poli- 
tics and  is  running  for  alderman  of 
this  town.  Charles  C.  Pettijohn,  gen- 
eral counsel  of  the  Hays  organiza- 
tion and  no  novice  to  politics,  is  act- 
ing as  campaign  manager.  The  elec- 
tion is  Nov.  7. 


Wurtzel  Starting  Five 

Hollywood,  Oct.  18. — Sol  Wurtzel 
plans  to  put  five  features  into  pro- 
duction for  Fox  in  two  months.  Three 
going  into  work  this  month  are : 
"Sleepers  East,"  "Stranger  in  the 
Night"  and  "Heir  to  the  Hoorah." 
Early  next  month  he  will  start  "365 
Nights  in  Hollywood"  and  "Murder 
in   Trinidad." 


President  Signs  Scroll 

Nicholas  M.  Schenck  has  received 
word  from  Washington  that  Presi- 
dent and  Mrs.  Roosevelt  have  signed 
a  large  parchment  scroll  conveying 
birthday  greetings  to  Marie  Dressier. 
The  scroll  is  to  be  sent  around  the 
country  for  the  signatures  of  gover- 
nors before  being  presented  to  her  in 
Hollywood  on  Nov.  9. 


Chandler  Replaces  Allen 

Hollywood,  Oct.  18.  —  Helen 
Chandler  has  replaced  Elizabeth  Allen 
in  "Long  Lost  Father"  to  save  the 
expense  of  waiting  for  Miss  Allen 
to  recover  from  an  injury  to  her 
foot. 


Warner  Club  to  Dance 

Cincinnati,  Oct.  18. — The  annual 
Warner  Club  dance  and  card  party  is 
set  for  Saturday,  Nov.  11,  at  the 
Hotel  Sinton-St.  Nicholas  French 
ball  room. 


Rogers  Seeks 
Testimony  by 
Zukor,  Hertz 


A  request  that  Adolph  Zukor,  Para- 
mount Publix  president,  and  John 
Hertz,  chairman  of  the  company's 
hnance  committee  during  1932,  be  pro- 
duced lor  examination  by  counsel  for 
creditors  in  connection  with  bankrupt- 
cy proceedings  before  Reteree  Henry 
K.  Davis  was  made  yesterday  by  Saul 
E.  Rogers,  attorney  for  a  creditors' 
group,  at  the  conclusion  of  examina- 
tion of  Ralph  A.  Kohn,  former  Para- 
mount treasurer,  who  has  been  on  the 
stand  over  a  period  of  several  months. 

Samuel  S.  Isseks,  of  counsel  for  the 
Paramount  trustees,  said  that  Rogers' 
request  would  be  "taken  imder  con- 
sideration." 

in  requesting  that  Zukor  and  Hertz 
submit  to  examination  Rogers  said 
that  considerable  information  sought 
by  creditors  in  connection  with  the 
Paramount  bankruptcy  had  not  been 
obtained  from  either  Kohn  or  Austin 
Keough,  Paramount  general  counsel, 
the  only  two  officers  of  the  company 
who  have  been  placed  on  the  stand  by 
attorneys  for  the  trustees  thus  far. 
Rogers  pointed  out  that  in  many  in- 
stances where  neither  Kohn  nor 
Keough  could  supply  desired  informa- 
tion, the  witnesses  had  stated  that  the 
subject  under  examination  had  been 
handled    by    either    Zukor    or    Hertz. 

"Mr.  Hertz  is  a  non-resident  and 
it  may  be  necessary  to  take  his  testi- 
mony by  deposition,"  Isseks  comment- 
ed at  the  time  Rogers'  request  was 
made. 

Suggests  Asking  Hertz 

"I  think  if  the  trustees  sent  Hertz 
a  notice  to  appear  here  for  question 
ing,"  Rogers  replied,  "that  is  all  that 
would  be  necessary.  If  he  refused  to 
comply,  that  should  be  sufficient  notice 
to  the  trustees  that  he  had  something 
to  conceal  and  they  should  then  de- 
mand his  appearance." 

Prior  to  this  Rogers  obtained  a 
clarification  from  Kohn  of  various 
minor  phases  of  the  bonus  contracts 
made  between  Paramount  and  Zukor, 
Sidney  R.  Kent,  Jesse  L.  Lasky,  Sam 
Katz  and  Kohn.  It  was  disclosed  that 
in  1927  the  bonuses  were  proportion- 
ately   increased    when    the    company 


charged  oflf  $1,424,400  as  the  cost  of 
calling  up  its  preferred  stock  for  re- 
tirement without  deducting  the  full 
amount  from  the  net  earnings,  on  the 
basis  of  which  tlie  bonuses  were  paid. 

Kohn  said  that  he  did  not  participate 
in  the  bonuses  that  year  and  "was  not 
sure"  whether  Katz  had,  either. 

Samuel  Zirn,  attorney  for  a  Para- 
mount bondholders'  group,  who  has 
conducted  the  examination  of  Kohn 
for  the  past  several  sessions  without 
eliciting  new  information  of  a  vital 
nature,  was  stopped  from  further  ques- 
tioning by  Referee  Davis  yesterday 
over  Zirn's  "protest." 

Zirn  said  he  would  "seek  his  remedy 
in  court  if  it's  available,"  and  also 
threatened  Kohn  with  an  action  for 
contempt,  declaring  that  Kohn's  an- 
swers on  the  stand  were  "evasive"  and 
amounted  to  "refusal  to  testify." 

An  example  of  the  questions  put  to 
Kohn  by  Zirn  was  the  following: 
"Where  did  I  (Zirn)  get  a  copy  of 
your  (Paramount's)  balance  sheet  for 
1932?" 


"t/"  in  Cincinnati 
Given  Hays  Trophy 

Cincinnati,  Oct.  18. — At  a  meet- 
ing of  the  Film  Board  of  Trade  here 
yesterday,  Paul  Kreiger,  manager  of 
the  Universal  exchange,  was  awarded 
the  Hays  trophy  for  the  highest  rat- 
ing among  the  32  exchange  centers 
in  the  United  States  for  fire  preven- 
tion and  general  "good  housekeeping."' 
Coincidentally,  the  award  was  made 
immediately  following  local  fire  pre- 
vention week.  There  was,  however, 
no  connection  between  the  two  occa- 


Open  Greenville  House 

New  Orleans,  Oct.  18.— U.  S. 
District  Judge  Wayne  G.  Borah,  has 
granted  E.  V.  Richards,  receiver  for 
Saengers  Theatres,  Inc.,  permission 
to  reopen  the  Paramount  in  Green- 
ville, Miss.  The  theatre  is  operated 
by  Delat  Theatres,  Inc.  Advance- 
ment of  money  by  Saengers  was  au- 
thorized. 


Directors  Work  on  Guild 

Hollywood,  Oct.  18. — All  con- 
cerned refuse  to  discuss  it,  but  it  is 
understood  a  number  of  meetings  have 
been  held  for  discussion  of  the  for- 
mation of  a  Directors'  Guild,  similar 
to  the  guilds  now  operating  among 
writers  and  actors. 


Columbia  Down  i%  as  Market  Slumps 

Net 

,High      Low      Close      Change  Sales 

Columbia     Pictures,     vtc 21^5        30           20           —1^  500 

Consolidated    Film    Industries 3'A          SVt          S'A        +  Vs  300 

Consolidated    Film    Industries,    pfd 8?^          SVi          S'A       —  s/g  100 

Eastman    Kodak    7PA        72           72'/^        —  Yi  500 

Fox     Film    "A" 14^        14           14           —  '^  1.400 

Loew's.    Inc 30           28}4        2&Va,        —154  3,400 

Paramount    Publix   VA          IVa          Wff        —  yk  4,200 

Pathe    Exchange    1'4         V/t         I'A       — 'A  600 

Pathe    Exchange    "A" &]4         754         ^'A       —  Vf.  100 

RKO   254         2'4         254       —54  600 

Warner   Bros 7 A          6^         6^        —  Vt  6,400 

Technicolor  Sole  Opener  on  Curb 

Net 

High      Low      Close     Change  Sales 

Technicolor     12           11           IP/T      rf  54  6,000 

Warner  Bonds  Dip  7%  Points 

Net 

High      Low      Close     Change  Sales 

General  Tlieatre  Equipment  6s  '40 SVn         5             5           —A  6 

Keith    B.    F.   6s   '46 4454       4454       4454        -1-  5^  1 

T^ew's    6s    '41 85           8454        8454        2 

Paramount   Broadway   554s   '51 .TO           30           30           —A  3 

Paramount    F.    L.    6s    '47,   cts 30           30           30—54  1 

Paramount    Publix    554s    '50 315^        3054        3154        +  Vf  10 

Warner  Bros.  6s  '39,  wd 43           42          4254       —Wt  21 


i  Purely 
Personal  ► 


JACK  BROiWER,  Warner  western 
district  manager  with  headquar- 
ters in  Los  Angeles,  left  last  night 
by  plane  with  plans  for  stopovers  in 
Denver  and  Salt  Lake  City  to  handle 
deals   on    "Footlight    Parade." 

Charles  Judels  will  write,  direct 
and  help  in  the  supervision  of  Edu- 
cational shorts  at  the  Eastern  Serv- 
ice Studios  under  the  terms  of  his 
new    contract. 

Ray  Foster,  Vitaphone  camera- 
man, had  a  double  celebration  yes- 
terday, his  10th  wedding  anniversary 
and   his    daughter's    seventh   birthday. 

Marion  Nixon  is  back  from  Eu- 
rope. She  made  one  picture  abroad 
and  plans  to  leave  in  a  few  days  for 
the  coast. 

Ted  Lewis  will  rush  back  from 
Boston  Friday  morning  to  start  a 
week    at    the    Capitol. 

Ruby  Keeler  will  leave  for  the 
coast  next  week  to  start  work  in 
"Sweethearts   Forever"  for  Warners. 


Expect  Early  Ruling 
On  Statewide  Offer 

Milwaukee,  Oct.  18. — The  referee 
in  bankruptcy  is  expected  to  turn  in 
a  decision  by  Oct.  23  concerning  the 
offer  made  Oct.  16  of  $16,000  in  cash 
for  the  bankrupt  Statewide  Theatres, 
Inc.,  by  Wisconsin  Amusement  En- 
terprises, Inc.  The  oflfer  provides 
for  the  withdrawal  of  all  claims  of 
Fox-Wisconsin  Co.,  Wisconsin  Amuse- 
ment Enterprises,  Wesco  Corp.  and 
Fox    Film. 

Opinion  of  creditors  regarding  the 
offer  was  divided  at  the  hearing  held 
here  Oct.  16.  Although  the  roll  call 
indicated  that  a  larger  number  of 
creditors  favored  the  rejection  of  the 
offer,  it  is  believed  that  those  favoring 
the  settlement  represent  the  greatest 
amount  of  claims  against  the  bank- 
rupt. Final  settlement  hinges  upon  the 
decision  of  Milton  J.  Knoblock, 
referee. 


Metzger  to  San  Diego 

San  Diego,  Oct.  18.— Arthur  S. 
Metzger,  at  one  time  manager  of  the 
Paramount-Publix  real  estate  depart- 
ment, midwest  division,  has  arrived 
here  from  Kansas  City  and  has  been 
appointed  manager  of  the  New 
Spreckels.  His  brother,  Lou  B.  Metz- 
ger, operates  the  house. 


Middletown  Strand  Open 

Middletown,  O.,  Oct.  18. — The 
Strand,  recently  leased  by  the  Taft 
circuit,  has  reopened  with  pictures, 
and  will  soon  inaugurate  a  stage  pol- 
icy as  well.  Plans  call  for  musical 
tabs,  booked  from  the  Gus  Sun  of- 
fice. 


"Chi"  Opens  in  Concord 

Concord,  N.  H.,  Oct.  18. — Mono- 
gram's "Sweetheart  of  Sigma  Chi" 
was  the  opening  attraction  of  the  new 
Concord  last  night. 


Thursday,  October   19,   1933 


MOTION  PICTURE 

DAILY 


Hope  to  Have 
Code  Settled 
By  Saturday 


(Continued  from  paae   1) 
tistics     secured     from     the     industry 
under  a  pledge  of  secrecy. 

The  legal  division  of  the  recovery 
administration  also  is  studying  the 
film  code  but  will  not  prepare  a  re- 
port on  it  until  after  the  document 
has  gone  to  Administrator  Johnson. 
Following  its  approval  by  the  admin- 
istrator the  code  goes  to  the  White 
House  for  the  President's  approval, 
becoming  effective  10  days  there- 
after. 

Still  Hearing  Objections 

Although  consideration  of  the  code 
is  nearing  its  conclusion,  Rosenblatt 
is  still  meeting  with  representatives 
of  the  industry  who  have  objections  or 
suggestions  to  make,  and  on  Thursday 
he  will  confer  with  the  independent 
fusion  group  on  the  code  analysis 
prepared  by  it.  He  will  not,  however, 
hold  up  the  code  for  the  Allied 
States  meeting  scheduled  for  Oct.  24 
in  Chicago,  and  it  is  indicated  that 
few  changes  are  now  to  be  expected 
as  a  result  of  the  representations  still 
being  made  by  industry  members  who 
are   still   here. 

While  there  is  a  bare  possibility 
that  the  code  may  be  ready  for  sub- 
mission to  Administrator  Johnson  on 
Friday,  the  general  expectation  here 
is  that  it  will  not  reach  him  before 
Saturday  or  Monday. 


Pay  for  Extras'  Long 
Interviews  Provided 

Compensation  for  extras  where  in- 
terviews on  prospective  jobs  run  be- 
yond one  hour  and  a  half  is  provided 
for  in  the  third  NRA  revision  of  the 
code.  This  change  is  covered  in  the 
following  new  provision: 

"Transportation  to  and  from  lo- 
cation shall  be  paid  to  'extra  play- 
ers'. There  shall  also  be  paid  to 
'extra  players'  for  interviews  and 
fittings  the  payments  provided  for 
in  Order  16-A  of  the  Industrial 
Welfare  Commission  of  the  State 
of  California;  and  in  the  event 
that  any  interview  extends  beyond 
one  and  one-half  hours,  the  'extra 
plaver,'  although  not  engaged, 
shall  receive  not  less  than  one- 
fourth  of  a  day's'  pay.  and  if  any 
interview  shall  extend  beyond  two 
hours,  the  'extra  player'  shall  re- 
ceive an  additional  one-fourth  of 
a  dav's  pay  for  every  additional 
two    hours    or    fraction    thereof." 


Cancellation  Privilege  in 
New  Dress:  Clause  Altered 


Restrictive  conditions  of  play  and 
price  will  determine  the  factors  under 
which  an  exhibitor  may  cancel  pic- 
tures, the  third  revision  of  the  NRA 
code   provides. 

Whereas  in  Draft  No.  2,  the  ex- 
hibitor was  permitted  to  cancel  out 
one  for  each  10  per  cent  specified  in 
his  contract,  the  third  draft  elimi- 
nates the  percentages  and  stipulates 
the  cancellation  is  effective  on  the 
basis  of  one  picture  in  each  group  of 
10. 

How  religiously  the  exhibitor  lives 
up  to  the  letter  of  his  contract  will 
have  an  important  bearing  on  his 
elimination  right,  as  well.  The  $250 
average  price,  or  less,  is  unchanged, 
but  many  of  the  conditions  governing 
the  clause  are  not.  The  new  text 
follows : 

PART  3— No  Exhibitor  or  Distributor 
shall  induce  or  seek  to  induce  the  breach 
of  any  subsisting  contract  licensing  the 
exhibition    of    motion    pictures. 

PART  4— No  Exhibitor  or  Distributor 
shall  give  any  gratuity  or  make  any  offer 
of  any  gratuity  for  the  purpose  of  procur- 
ing advantages  that  would  not  otherwise 
be  procurable,  or  as  an  inducement  to  in- 
fluence a  Distributor  or  Exhibitor,  or  rep- 
resentative of  either  not  to  deal  with  any 
competing  or  other  Exhibitors,  or  Distrib- 
utors. 

PART  S— No  Exhibitor  or  Distributor 
shall  make  any  disclosure  of  box  office  re- 
ceipts for  publication  except  necessary  re- 
ports to  stockholders,  credit  and  govern- 
mental agencies  and  to  other  like  bodies. 
No  Exhibitor  or  Distributor  shall  be  re- 
sponsible for  disclosures  in  violation  of  this 
PART  made  by  agents  not  authorized  to 
do    so. 

PART  6— 

(a)  If  in  any  license  agreement  for  the 
exhibition  of  feature  motion  pictures  the 
Exhibitor  has  contracted  to  exhibit  all  of 
the  motion  pictures  offered  at  one  time  by 
the  Distributor  to  the  Exhibitor  and  the 
license  fees  of  all  thereof  average  $250.00  or 
less,  the  Exhibitor  shall  have  the  privilege 
to  exclude  from  such  license  agreement  not 
to  exceed  ten  percent  (10%)  of  the  total 
number  of  the  motion  pictures  so  licensed; 
provided    the    Exhibitor 

(1)  is  not  in  default  under  such  license 
agreement,    and 

(2)  shall  have  fully  complied  with  all 
of  the  provisions  thereof,  if  any,  for  the 
exhibition  of  such  motion  pictures  at 
specified     intervals. 

(b)  Such  privilege  of  exclusion  may  be 
exercised  only  upon  the  following  terms 
and   conditions: 

d)  _  The  Exhibitor  shall  give  to  the 
Distributor  written  notice  of  each  motion 
picture  to  be  excluded  within  fourteen 
(14)  days  after  the  general  release  date 
thereof  in  the  exchange  territory  out  of 
which    the    Exhibitor    is    served. 

(2)  The  Exhibitor  may  exclude  with- 
out payment  therefor  one  (1)  motion  pic- 
ture of  each  group  of  ten  (10)  of  the 
number  of  feature  motion  pictures  speci- 
fied in  the  license  agreement  provided  he 
has  paid  for  the  other  nine  (9)  of  such 
group. 

(3)  If  such  privilege  of  exclusion  is  not 
exercised    as    provided    in    paragraph    (b) 


(2)  above,  the  Exhibitor  may  neverthe- 
less exercise  such  privilege  by  paying  the 
license  fee  of  each  motion  picture  ex- 
cluded with  the  notice  of  its  exclusion. 
In  such  case,  such  payment  shall  be 
credited  against  such  tenth  or  succeed- 
ing tenth  motion  picture,  as  the  case 
may  be  which  the  Exhibitor  would  other- 
wise be  privileged  to  exclude  as  provided 
in   paragraph    (b)    (2)    above. 

If  the  only  or  last  group  licensed  is 
less  than  ten  (10)  and  more  than  five  (5) 
motion  pictures,  the  privilege  to^  exclude 
shall  apply  provided  the  Exhibitor  has 
paid  for  all  motion  pictures  but  one  of 
such    group. 

(c)  Upon  the  failure  or  refusal  of  the 
Exhibitor  to  fully  and  completely  comply 
with  any  term  or  condition  of  such  license 
agreement,  or  to  comply  with  any  arbitra- 
tion award  in  respect  thereto,  the  privil- 
ege of  exclusion  forthwith  shall  be  revoked 
and  the  Exhibitor  shall  be  liable  for  and 
pay  to  the  Distributor  the  license  fees  ol 
all    motion    pictures    theretofore    excluded. 

(d)  If  the  license  fee  of  any  feature  mo- 
tion picture  specified  in  the  license  agree- 
ment is  to  be  computed  in  whole  or  in 
part  upon  a  percentage  of  the  receipts  of 
the  Exhibitor's  theatre,  such  license  fee 
(for  the  purpose  of  computing  the  average 
license  fee  of  all  of  the  motion  pictures 
licensed)    shall   be    determined   as   follows: 

(1)  Average  the  license  fees  of  all  the 
Distributor's  feature  motion  pictures  ex- 
hibited upon  a  percentage  basis  at  the 
Exhibitor's  theatre,  during  the  period  of 
one  year  prior  to  the  term  of  such  li- 
cense   agreement. 

(2)  If  none  of  the  Distributor's  feature 
motion  pictures  were  exhibited  upon  a 
percentage  basis  at  such  theatre  during 
said  period,  average  the  license  fees  of 
all  feature  motion  pictures  exhibited  upon 
a  percentage  basis  at  such  theatre  dur- 
ing   the    said    period. 

(e)  If  the  rental  of  any  motion  picture 
excluded  is  to  be  computed  in  whole  or  in 
part  upon  a  percentage  of  the  receipts  of 
the  Exhibitor's  theatre,  the  sum  to  be 
paid  by  the  Exhibitor  as  provided  in  para- 
graph (b)  (3)  hereof  shall  be  determined 
as   follows: 

(1)  Average  the  gross  receipts  of  all 
the  Distributor's  feature  motion  pictures 
exhibited  at  the  Exhibitor's  theatre  dur- 
ing the  ninetv  (90)  day  period  precedine 
the  Exhibitor's  notice  of  exclusion,  and 
apply  to  such  average  the  percentage 
terms  specified  in  the  license  agreement 
for   the   picture   excluded. 

(2)  If  no  feature  motion  pictures  of 
the  Distributor  were  exhibited  at  the 
Exhibitor's  theatre  during  said  ninetv 
(90)  day  period,  average  the  daily  gross 
receipts  of  the  Exhibitor's  theatre  for  the 
period  of  thirtv  (30)  operating  days  pre- 
ceding the  Exhibitor's  notice  of  exclusion 
and  apply  to  such  average  the  percentage 
terms  si>ecified  in  the  license  agreement 
for   the   picture   excluded. 

(f)  In  computing  the  number  of  feature 
motion  pictures^  which  may  be  excluded 
hereunder,  fractions  of  more  than  one-half 
(I)    shall   be   regarded   as   one    (1). 

(g)  Upon  the  exclusion  of  each  feature 
motion  picture,  the  license  therefor  and  all 
rights  thereunder  shall  terminate  and  shall 
revert    to    the    Distributor. 

(h)  The  Optional  Standard  License  Agree- 
ment referred  to  in  PART  1  hereof  shall 
be  deemed  amended  by  substituting  in 
place  of  Article  FIFTEENTH  of  such  con- 
tract   provisions   of   this    P'ART. 


Actors  Again 
Wire  Protest 
On  Article  5 


(Continued  from    faae    1) 

power,  and  goes  on  to  say  that  it  is 
the  actors'  "sincere  conviction"  that 
the  way  to  avoid  industrial  disputes 
is   to   eliminate   their   causes. 

"In  the  face  of  united  employe 
opposition  throughout  the  industry 
against  Article  5  of  the  proposed  code 
restricting  free  bargaining,"  the  wire 
reads,  "we  now  learn  from  Washing- 
ton that  Rosenblatt  says  the  article 
will  remain  in  the  code.  It  was  origi- 
nally conceived  by  producers  and  rep- 
resents an  outrageous  attack  on  in- 
dividual rights  of  all  workers  for  the 
betterment  of  a  small  grouo  of  un- 
scrupulous financiers.  It  still  means 
that  with  one  stroke  of  the  pen  em- 
ployes  could  be   made   slaves. 

"This  code  still  legalizes  blacklist- 
ing, and  provides  that  any  film  em- 
ploye, at  the  will  of  a  iury  of  employ- 
ers, may  be  deprived  indefinitely  of  a 
livelihood  with  no  learal  recourse. 

"The  guilds  are  defending  low  sal- 
aried actors  and  writers  as  much  as 
artists  receiving  high  salaries.  We 
cannot  accept  Article  S  in  its  present 
form." 


TTavs  Member  Lawyers 
Discuss  3rd  Revision 

Lawryers  of  the  Havs  member  com- 
panies met  at  association  headquarters 
vpsterdav  afternoon  to  sfo  over  the 
thi<-r^  NRA  revision  of  the  code. 

While  many  of  them  were  familiar 
with  chansres  in  intent  and  nhrase- 
olofiry,  a  number  had  left  Washington 
after  nuMication  of  the  second  draft 
and.  therefore,  were  not  fully  aware 
of  such   changes   as  had  been   made. 


Allied  "Bungling" 
Charged  in  Detroit 

(Continued  from    fane   1) 

new  organization  was   scheduled   for 
Friday. 

Today's  meeting  took  a  definite 
stand  against  Mid-States  Theatres, 
booking  combine  in  which  H.  M. 
Richer,  business  manager  of  Michigan 
Allied,  and  H.  C.  Ritter,  Allied  States 
nresident,  are  members.  The  meeting 
also  critici7:ed  Richey  for  his  activities 
in  behalf  of  Mid-States,  and  also  took 
exception  to  Allied  States'  criticism  of 
Deputv  NRA  Administrator  Sol  A. 
Rosenblatt. 


Martin  Quigley  to 
Be  AMPA  Speaker 

Martin  Quigley,  head  of  Quigley 
Publications,  will  be  the  principal 
speaker  at  today's  meeting  of  the  A. 
M.  P.  A.  at  Sardi's.  He  will  discuss 
the  advertising  clause  in  the  industry 
code. 

John  Flinn,  president,  will  answer 
recent  criticisms  of  A.  M.  P.  A.  meet- 
ings and  membership  by  members  of 
the  Columbia  staff  after  consulting 
with  the  board  of  directors. 


Hundreds  of  Extras 
Joining  Association 

Hollywood,  Oct.  18. — Sixteen 
hundred  extras  have  fallen  in  line 
with  the  Hollywood  Picture  Players' 
Ass'n.,  a  unit  devoted  to  the  prob- 
lems of  supporting  cast  and  extra 
players  under  the  NRA,  which  last 
week   filed   a    charter   in    Sacramento. 

The  association,  slated  to  hold  its 
first  mass  meeting  the  latter  nart  of 
the  week,  will  act  as  a  coordinating 
and  cooperating  medium  between  its 
members,  producers  and  government- 
al agencies,  according  to  Eugene  H. 
Marcus,  counsel.  Eligible  for  mem- 
bership are  8,000  recognized  extra 
players. 

Serving  on  the  temporary  board  of 
directors  are  J.  Buckley  Russell, 
Herta  Reinach,  W.  R.  Deming,  Rob- 
ert P.  Chapman,  Edward  Reinach, 
Starrett  Ford,  S.  Maine  Geary, 
Harry  Strathy,  Frank  Pharr,  R.  C. 
Huestis  and   Richard   Kipling. 


K,  C.  Independents 
May  Refuse  to  Sign 

Kansas  City,  Oct.  18.— A  declar- 
aration  that  they  will  not  sign  the 
code  unless  it  is  "fair  to  the  inde- 
pendents" have  been  made  by  Ma- 
jestic Film  Exchange  and  Associ- 
ated   Film    Distributors    here. 

Robert  F.  Withers,  manager  of 
Midwest  Film  Distributors,  Mono- 
gram franchise  holder,  who  has  been 
heading  the  independent  exchanges' 
fight  locally,  says  recent  reports  he 
has  received  from  the  east  indicate 
the  code  will  not  be  unfair  to  the  in- 
dependents and  for  that  reason  he  in- 
tends  to   sisrn   it. 

Kansas  City  independent  exchanges 
were  among  those  who  sent  wires  to 
President  Roosevelt  last  week  pro- 
testing omission  of  a  double  bill 
clause  and  certain  provisions  of  the 
Rosenblatt  draft  as  "ruinous  to  the  in- 
dependents." 


TELL  TH  EM ! 


Another  10th  Chanplonship  Yeai 


la^plohsl 


k    1000 
^J  LAUGHS 

when  it 


EXPLdDES! 

Dukes  and  sheep^gs — babies  and 
boy-friends — prMS  agents  and  auto- 
graph hounds,  ^e  beautiful  "Bomb- 
shell" of  HollMvood  was  platinunn 
T.  N.T.  It's  alliuni 


co\o"V 


^ 

4^^' 


A  METRO-GOLDWYN-MAYER  SCREAMIE! 


Size — 2  Cols,  x  180  lines 


Donit,  , 


Wheveikdym 

GetThat 

Swish? 

"Hey  Lola,  Give 
us  a  Kiss"— The 
Platinum  Blonde 

In  the  flesh 
and  full  of 
the  devil! 
Jean  i 


■»«#; 


Jean 


Jean 


HARIOW 
i^TRACY 

starting  THURSDAY 

at  the 


!  Teaser  AdT 
New  York 


it    fro 


etro  -Gold  wy  n-Mayer 


'*S^*V 


.;-,j^;»S,-« 


"•■*>'.' 


m 


fe^ 


MO  1  ION   PICTURE 

DAILY 


Thursday,  October    19,    1933 


McDonough  Is 

Put  in  Posts 

Of  Franklin 


(.Continued   from    pane    I) 

of  Keith-Albee-Orpheum,  B.  F.  Keith 
iheatres  Corp.,  and  Radio  City  Thea- 
tres, Inc.,  and  affiliated  theatre  com- 
panies, and  vice  chairman  of  RKO 
Radio    Pictures. 

McDonough,  a  former  RCA  execu- 
tive, went  into  RKO  several  months 
ago  at  Aylesworth's  invitation.  Prom- 
inently mentioned  in  connection  with 
the  RKO  theatre  operating  post  under 
McDonough  are  Nate  Blumberg,  Or- 
pheum  Circuit  operator  now  in  Chi- 
cago; Charles  D.  Koerner,  RKO  New 
England  district  manager,  and  Phil 
Reisman,  who  has  been  serving  as 
assistant  to  Franklin  for  several 
months. 


Pix  Will  Test  Some 
Demountables  Here 

(Continued   from    page    1) 

year,  John  S.  Clarke,  president,  said 
yesterday. 

The  hrst  of  these  will  probably  be 
established  in  a  neighborhood  section 
of   New   York,   it   was   said. 

Pix  will  not  only  market  the  houses 
but  will  also  maintain  a  film  booking 
office  and  advertising  department  here 
as  a  servce  to  exhibitors  operating  the 
demountables.  Included  with  the  struc- 
tures will  be  complete  theatre  equip- 
ment, such  as  seats,  projection  ma- 
chines and  sound  equipment.  The 
standard  size  demountable  will  be  of 
283  seats,  with  structures  up  to  600 
seats   planned  for  the  future. 

The  company's  plans,  Clarke  said, 
are  to  replace  obsolete  houses  with  the 
demountables  with  their  modern  thea- 
tre equipment  and  design  at  a  cost  of 
less  than  $50  per  seat.  It  is  believed 
that  a  market  for  about  1,000  of  them 
exists  in  rural  and  neighborhood  sec- 
tions. The  structures  can  be  trans- 
ported to  new  locations  if  original  ones 
prove  unprofitable,  Clarke  said. 

Frank  R.  Wilson,  former  presideint 
of  Principal  Distributing  Corp.,  is 
vice-president  of  Pix  and  J.  M.  Fas- 
sett  is  secretary-treasurer. 


Shifting  St.  Louis 
Orchestras  Sought 

St.  Louis,  Oct.  18. — Alternating 
orchestras  for  the  purpose  of  spread- 
ing employment  is  being  sought  by  the 
musicians'  union  here.  It  is  said  that 
of  1,100  union  musicians  here  about 
5(XJ   are    out    of    work    at   present. 

The  union  leaders  figure  alternat- 
ing orchestras  would  furnish  part  time 
work  for  85  more  men.  The  current 
scale  is  $75  per  week. 


Cincinnati  Men  Form 
Variety  Club  Branch 

Ci.vciNXATi,  Oct.  18. — A  Variety 
Club,  to  be  affiliated  with  the  club  at 
Pittsburgh,  as  well  as  the  organiza- 
tions at  St.  Louis  and  Columbus,  was 
formed  here  this  week  with  a  repre- 
sentative charter  membership  of  the- 
atre,   exchange    and    newspaper    men. 

Bill  Gehring,  Fox  manager,  was  ap- 
pointed temporary  president. 


Those  Scribes 

Hollywood,  Oct.  18. — An  in- 
ter-office memorandum  is 
floating  around  Fox  Studios 
to  the  effect  that  one  of  the 
local  scribes  picked  up  an  ash 
tray  and  standard  on  his  way 
out  after  a  studio  preview 
and  the  corporation  would 
appreciate  any  information 
leading  to  the  apprehension 
of   the  culprit. 


Chase  Film  Moves 
Coming  Up  Friday 

(Continued  from  paae  1) 

Theatres  securities,  which  were  heavily 
written  down,  the  exact  amounts 
written  off  not  being  disclosed.  How- 
ever, it  was  asserted  by  W.  W.  Aid- 
rich,  president  of  the  bank,  that  the 
securities  today  are  worth  more  than 
the  amount  written  off. 


Loew  Midland  Suit 
Goes  Over  10  Days 

(Continued  from  pacie  \) 

postponed  10  days  in  Circuit  Court 
here   today. 

That  Loew's  intends  vigorously  to 
resist  the  receivership  action  is  in- 
dicated in  the  fact  that  James  A. 
Keed,  former  United  States  senator, 
has  been  retained  as  counsel  by  Leo- 
pold Friedman,  general  counsel  for 
Loew's. 

I.  J.  Ringolsky,  chief  counsel  for 
the  plaintiffs,  denies  reports  that 
Shanberg  and  his  associates  are  seek- 
mg  to  obtain  operating  control  of 
the  Midland  and  the  omce  structure 
adjacent  to  it.  The  attorney  asserts 
his  clients  seek  only  distribution  ol 
accumulated  dividends.  He  declares 
he  knows  nothing  about  the  rumors 
that  Loew's  may  relinquish  interest  in 
its  properties  here. 


Drawing  Power  Sets 
Salary,  Says  Beery 

Kansas  City,  Oct.  18. — Wallace 
Beery  believes  a  star  who  is  a  box- 
office  draw  should  receive  a  salary 
commensurate  with  his  drawing  power. 
He  expressed  that  opinion  on  the  in- 
terest taken  by  the  Administration  in 
salaries  of  front  rank  actors. 

"Perhaps  there  should  be  some  con- 
trol of  salaries  paid  to  juveniles,"  he 
said.  "Some  of  the  children  have  par- 
ents or  guardians  wise  enough  to  put 
some  of  the  money  away  in  a  safe 
place.  For  the  benefit  of  those  young 
actors  who  will  not  benefit  from  their 
earnings  in  the  future,  maybe  some 
control  should  be  established. 

"In  my  case,  I  have  climbed  from 
the  lowest  rung  in  the  ladder  to  what 
I  have  now.  I  feel  I  have  earned  good 
fortune.  My  acting  is  something  indi- 
vidual with  me.  If  I  invented  some- 
thing, I  would  expect  returns  propor- 
tionate to  its  value  to  the  world." 


Science  Film  for  M-G-M 

Hollywood,  Oct.  18.— M-G-M  is 
planning  a  short  subject  dealing  with 
marvels  of  scientific  research,  which 
will  go  into  production  under  the  su- 
pervision  of   Jack    Cummings. 

Demonstrations  will  be  by  Robert 
O.  Ragsdale,  formerly  engaged  in  re- 
search  for  the   Ford   Motor   Co. 


Trade  Board  Probe 
Of  Salaries  Begun 

Vv'ashingto.n,  Oct.  18. — Investiga- 
tion ot  salaries  paid  executive  otticers 
and  directors  ot  corporations  engaged 
m  mterestate  commerce,  other  than 
public  utilities,^  having  capital  and  as- 
sets of  more  than  $1,00U,U0U  in  value, 
whose  securities  are  listed  on  the 
New  York  stock  or  curb  exchanges, 
IS  being  made  by  the  Federal  Trade 
i^onimission,  acting  under  authority  of 
a  resolution  passed  at  the  last  session 
of  Congress. 

f^or  purposes  of  investigation,  sal- 
ary will  be  held  to  include  any  com- 
pensation, fee,  bonus,  commission  or 
other  payment,  direct  or  indirect,  in 
money  or  otherwise,  for  personal  ser- 
vices. 

A  questionnaire  asking  for  informa- 
tion as  to  salaries  is  being  distributed 
among  some  2,000  corporations  listed 
on  exchanges.  Returns  are  to  be  in 
the  hands  of  the  commission  by  Oct. 
ZS,  and  a  report  will  be  made  to  the 
ienaie  at  the  beginning  of  January. 

The  questionnaire  calls  for  the  fol- 
lowing information :  total  assets,  net 
sales,  net  income,  number  of  directors 
and  executive  officers  and  total  com- 
pensation for  the  years  1928-32,  inclu- 
sive; names  and  official  positions  of 
directors  and  executive  officers  and 
the  compensation  of  each  last  year ; 
the  cash  value  of  all  compensation 
other  than  salaries  at  the  time  com- 
pensation was  paid  or  delivered  to 
directors  or  executive  officers  last 
year ;  description  of  special  compensa- 
tion to  directors  and  executive  of- 
cers ;  rates  of  compensation  of  direc- 
tors and  executive  officers  in  effect 
Sept.   1,  last. 


Big  Turnout  Looked 
For  in  Ohio  Tax  Row 

Cincinnati,  Oct.  18. — The  entire 
membership  of  the  newly-formed 
Ohio  Valley  Independent  Exhibitors' 
League,  an  amalgamation  of  the 
Ohio  Allied  unit  and  the  Greater  Cin- 
cinnati M.  P.  Exhibitors'  Ass'n.,  is 
planning  to  attend  the  statewide  meet- 
ing at  the  Deshler-Wallick,  Columbus, 
on  Oct.  31,  to  devise  ways  and 
means  of  combatting  the  10  per  cent 
state  admission  tax,  which  became  ef- 
fective Sept.  1.  Independent  exhibi- 
tors throughout  the  state  are  cooper- 
ating, both  through  organizations  and 
individually. 

Pending  action  by  exhibitors,  it  is 
understood  that  Sam  Lind,  interested 
in  several  houses  at  Zanesville,  O., 
proposes  to  make  a  test  case  of  tax 
collections   and    reports. 

Exhibitors  estimate  that  their  busi- 
ness has  decreased  approximately  30 
per  cent  by  reason  of  the  admission 
impost. 


To  Lecture  on  "Mickey" 

Bi'I'FAlo,  Oct.  18. — Exhibition  of 
Walt  Disney's  original  "Mickey 
Mouse"  and  "Silly  Symphony"  draw- 
ings in  the  Albright  Art  Gallery 
has  aroused  considerable-  controversy 
among  Buffalo  artists  and  art  pa- 
trons. Director  Gordon  B.  Washburn 
will  give  two  lectures  Oct.  20  on 
"The  Art  of  Mickey  Mouse,"  which 
has  stirred  up  a  lot  of  criticism,  and 
been  as  warmly  defended.  All  of 
which  is  not  making  Jack  Kaplan, 
manager  of  the  Buffalo  United 
Artists    exchange,   feel    bad. 


Says  Latins 
Ask  Quality, 
Bar  Dubbing 


The  demand  in  Latin  America  is 
lor  "quality  pictures"  in  English  of 
American  make,  Monroe  Isen,  man- 
ager for  Universal  in  South  America, 
told  Motion  Picture  Daily  yester- 
day. "There  is  no  market  in  South 
America  for  dubbed  pictures,"  he  as- 
serted, adding  that  of  all  films 
screened  in  the  theatres  of  the  conti- 
nent 90  per  cent  are  produced  in  the 
United   States. 

"First  run  houses,"  said  Isen, 
"won't  show  dubs.  Quality  pictures  in 
English  meet  with  greater  acceptance 
than  dubbed  pictures,  even  though  the 
latter  are  in  the  native  tongue." 

The  popularity  of  American  films 
among  South  Americans  is  ascribed 
by  Isen  to  the  fact  that  "they  are 
becoming  educated  to  our  pictures." 
Their  liking  for  the  Hollywood  prod- 
uct is  such,  according  to  him,  that 
they  have  no  appreciation  for  films 
made  in  South  America  in  their  native 
tongue.  The  reason  for  this,  he  in- 
dicated, was  that  the  films  turned  out 
by  native  producers — amounting  in  all 
to  not  more  than  half  a  dozen  a  year — 
were  regarded  as  totally  inferior  to 
those  imported  from  the  United 
States. 

Like  Comedy  Best,  He  Says 

Isen  said  that  while  all  types  of 
American  pictures  were  popular 
among  Latin  Americans,  comedies 
were  primarily  favored  because  com- 
edy is  best  able  to  hurdle  the  barrier 
of  languege,  being  easiest  to  under- 
stand. He  declared  "more  pictures  are 
released  in  South  America  in  any 
given  month  than  in  any  other  part 
of  the  world."  He  gave  the  number 
as  30  a  month  on  the  average. 

Theatre  attendance  in  South 
America  dropped  30  to  50  per  cent 
this  year,  Isen  revealed.  His  explana- 
tion why  poor  theatre  business  had 
not  been  felt  there  sooner  was  that 
"the  depression  seems  to  have  been 
slow  in  reaching  South  America." 

On  his  first  visit  to  the  United 
States  in  three  and  a  half  years,  Isen 
plans  to  spent  more  than  a  month  in 
New  York  before  returning  to  his 
headquarters  in  Buenos  Aires.  He  is 
lining  up  new  Universal  product  for 
the  South  American  market. 


"Angel"  Passes  Censors 

HoLLYWono,  Oct.  18. — Paramount's 
furrowed  brows,  caused  by  anticipated 
action  on  the  part  of  censor  boards  on 
the  current  Mae  West  picture,  are 
smooth  again.  The  censor  boards  of 
New  York,  Pennsylvania,  Illinois  and 
Kansas  have  passed  on  "I'm  No 
.A-hgel''  without  a  single  cut.  The 
Ohio  censor  board  cut  one  line. 


M-G-M  Fire  Injures  Five 

Hollywood,  Oct.  18. — Fire  of  un- 
known origin  in  the  scene  dock  at 
M-G-M  this  morning  slightly  in- 
jured five  workmen.  Damage  was 
estimated    at    $5,000. 


20th  Takes  U.A.  Lease 

Hollywood,  Oct.  18.  —  Twentieth 
Century  today  closed  a  deal  taking 
lease  on  United  Artists  studio  prop- 
erty from  Douglas  Fairbanks  and 
Mary    Pickford. 


Thursday,  October    19,    1933 


MOTION  PICTURE 

DAILY 


Censors  Here 
Ban  10,  Cut 
317  in  Year 


(Continued  from   fane    1) 

for  other  reasons  were:  917,  "tend- 
ing to  incite  crime"  ;  569,  "indecent"  ; 
360,  "inhuman" ;  58,  "obscene,"  and 
seven,    "sacrilegious." 

Classification  of  films  and  number 
of  deletions  in  each  group  were  given 
as  follows :  Dramas,  221 ;  comedies, 
42;  comedy  dramas,  21;  scenic,  11; 
serials,  five ;  educational,  three ;  nov- 
elty, three ;  miscellaneous,  22.  No 
deletions    were    made    in    cartoons. 

Receipts  of  the  board  for  the  year 
totalled  $226,834,  the  report  shows. 
Expenditures  were  $65,136,  leaving  a 
net  revenue  for  the  state  of  $161,697, 
an  increase  of  $487  over  the  previous 
year.  Total  receipts  since  organiza- 
tion of  the  board  have  been  $2,447,- 
699,  which,  with  total  disbursements 
for  the  period  of  $929,605,  makes  a 
net  revenue  for  the  state  of  $1,518,- 
093  for  the  12  years  of  the  board's 
existence. 

Eliminations   3,035 

The  total  number  of  eliminations 
ordered  by  the  board  during  the  year 
was  3,035,  of  which  1,793  were  de- 
leted scenes  and  1,242  were  dialogue 
eliminations.  Sound  films  comprised 
1,685  of  the  1,762  total  of  films  li- 
censed, and  eliminations  were  ordered 
in  317  of  these.  There  were  77  si- 
lent films  and  eliminations  in  11  were 
made. 

The  report  states  that  31  requests 
for  re-examinations  of  films  in  which 
eliminations  had  been  ordered  were 
made,  and  one  further  appeal  to  the 
Board  of  Regents  was  made  during 
the  year,  with  what  results  it  is  not 
noted.  No  court  proceedings  were 
instituted  during  the  year  as  a  re- 
sult of  the  board's  rulings,  it  is  stated. 

The  report  notes  that  the  board's 
reviewing  staff  is  undermanned  and 
in  view  of  the  8,916,000  feet,  or  1,- 
689  miles,  of  film  inspected  during 
the  past  year,  "at  least  two  reviewers" 
should  be  added  to  the  staff. 

Checking  Staff  Too  Small 

The  report  also  calls  the  board's 
present  inspection  staff,  delegated  to 
checking  on  theatres  and  film  storage 
vaults,  as  "altogether  too  small  to 
adequately  cover  the  theatres  of  the 
state."  It  notes  that  a  neighboring 
state  with  fewer  theatres  has  an  in- 
spection staff  double  New  York's 
and  declares  that  many  instances  are 
found  of  theatres  exhibiting  pictures 
without  the  prescribed  license  leader 
or  with  a  leader  issued  for  another 
him.  Reputable"  producers  and  ex- 
hibitors, however,  are  commended  in 
the    report   for   cooperation. 


Looking  ^Em  Over 


'Big  Executive' 


{Paramount) 

The  moral  of  this  picture  is  the  Richardsons  always  get  their  man,  finan- 
cially and  romantically.  The  man  happens  to  be  Ricardo  Cortez  and  the 
Richardsons  are  Richard  Bennett  and  Elizabeth  Young.  Aside  from  this 
angle,  there  is  the  battle  of  financial  giants,  Bennett  representing  one  of  the 
past  era  and  Cortez  one  of  the  modern  wizards. 

Bennett  and  Cortez  become  bitter  enemies  in  their  stock  dealings  and 
the  former  threatens  to  wipe  the  latter  out.  A  romance  between  Bennett's 
granddaughter,  Miss  Young,  and  the  hero  develops.  This  prevents  fireworks 
for  a  time.  While  hunting  one  day  Cortez  accidentally  kills  his  wife,  but  he 
is  not  convicted.  Later,  however,  a  letter  written  by  Dorothy  Peterson,  the 
wife,  prior  to  her  death  turns  up  which  makes  the  killing  appear  premeditated. 
When  Cortez  shows  it  to  Bennett,  the  latter  resolves  to  wreck  the  hero  and 
he  does.  Still  believing  Cortez  innocent,  Miss  Young  decides  to  stand  by  him 
and  deserts  her  grandfather. 

Sharon  Lynn,  as  secretary  to  Cortez  and  in  love  with  him,  although  she 
loses  out  to  Miss  Young,  is  effective  in  the  small  role. 


"Man  of  Sentiment" 

{Chesterfield) 

This  is  a  mixture  of  a  character  study  of  Christian  Rub  as  a  hospital 
recorder  and  a  romance  between  Marion  Marsh  and  William  Bakewell.  When 
Bakewell  brings  Miss  Marsh  to  the  hospital  after  he  has  run  her  down  with 
his  car.  Rub  takes  an  interest  in  the  couple  and  watches  the  romance  develop. 

The  affair  runs  amuck  shortly  after  when  the  hero  brings  the  heroine 
to  his  home  for  family  approval.  Edmund  Breese  and  Emma  Dunn,  Bake- 
well's  parents,  disapprove  of  the  romance,  believing  that  the  girl  is  after  the 
hero's  money.  Bakewell  is  put  out  at  this  and  both  lovers  decide  to  wed  and 
start  from  the  bottom.  The  couple  have  no  money.  Miss  Marsh  calls  on 
Owen  Moore,  a  former  lover,  for  financial  aid.  Moore  frames  the  meeting 
by  calling  Bakewell  to  his  home  while  the  heroine  is  there.  The  hero  falls 
for  it  and  calls  the  whole  affair  off. 

Miss  Marsh  is  brought  to  the  hospital  later  when  she  is  on  the  verge 
of  catching  pneumonia.  Rub  visits  Bakewell's  parents  and  gets  them  to  lend 
financial  assistance.  The  hero  later  turns  up  and  reoents  at  his  hasty  decision 
at  Moore's  home  and  all's  well  again  between  the  lovers. 


Engineers  to  Seek 
2,000  Membership 

(Continued  from    pane    1) 

also  to  effect  economies  in  its  opera- 
tion. Part  of  the  plan  calls  for  the 
creation  of  posts  for  five  additional 
vice-presidents  to  handle  various  as- 
sociation departments  as  aids  to  Gold- 
smith. The  plan,  he  said,  will  be  ap- 
proved in  the  near  future 


"Harmony"  $6,500 
Wow  in  Oklahoma 

Oklahoma  City.  Oct.  18. — "Too 
Much  Harmony"  played  to  full  houses 
at  the  Criterion  last  week,  sending 
the  gross  to  $6,500,  above  average  by 
$1,500.  This  is  the  best  business  the 
Criterion  has  seen  since  "Tugboat 
Annie." 

"Private  Detective  62"  at  the  Capi- 
tol was  the  next  best,  going  over  av- 
erage of  $3,000  bv  $500.  The  Liberty 
flopped  with  "Pilgrimaee"  the  first 
three  days,  but  "Ann  Carver's  Pro- 
fession" the  last  of  the  week  brousrht 
it  up  to  the  average  of  $3,000.  The 
suburban  Victoria  had  one  first  run. 
"Halleluiah,  I'm  a  Bum,"  which  took 
$700   in   four   days. 

Total  first  run  business  was  $13,700. 
Average    is   $11,700. 

Estimated  takings  for  the  week  end- 
ing  Oct.    14: 

"TOO    MITCH    HARMONY"    fPara.) 

rPTTKRTON— ^.700^.  10c-2nc-26<:..16c-41c- 
'^''r.    7  days.      Gross:    $6,500.      (Average.   $5.- 

nnn.') 

"PRIVATE     DETECTIVF     dZ"     fWamers) 

rAPTTOT.^n  7001,      10c-2nc-26c3'V-41c.     7 
dnvs.    Gro«=:    M  son.       rA„Pr.->irp.    $3,000.) 
"PIl.r.RIMAGE"    fFox^ 

TJBERTV— n  Smi.  inc-15c-26c-3fir.  ?■ 

''-"•<;.      Gross:    $1.,100.       CAveraRe   week.   %^.- 

"AMM    TARVER'S    PROFESSION"     (Col.> 

LTRET>Ty_d  iJOnv  I0c-15c-26c-.16c.  ^ 
-!->"<;.       Gross:    $1,700.    (Average   week.    $.1.- 

"WAIT  PiijjAH.    I'M    A    BUM"    (U.    A.^ 

■V'TrTr.rjT/\_r8n0).  \0c-\Sc-'>0r.''fT  i  ,hvs. 
r.-o-,,:    !t7m.       (Average    week.    $1,200.") 


u 


Mary  Stevens"  Is 
Buffalo  Sensation 


Buffalo.  Oct.  18. — "Mary  Stevens, 
-M.D."  was  a  sensation  here  last  week 
at  the  Great  Lakes.  It  niled  up  a 
arross  of  $22,300.  more  than  double 
the  usual  take,  aided  bv  a  stage  show 
headed  bv  Earl  Carroll's  "Vanities." 
"Penthouse"  was  also  a  remarkable 
erosser,  with  a  take  of  $24,400  at  the 
Buffalo.  This  is  $9,400  over  average. 
The  staafe  show  was  headed  by  Fred 
Waring's   Pennsvlvanians. 

Other  first  runs  suffered  as  a  result. 
Total    first    run   business   was    $70,- 
800     Normal,  including  the  Erlanger. 
is  $54  300. 

Estimated  takings  for  the  week  end- 
ing Oct.  13: 

"PENTHOUSE"    (M-G-M) 

KXTFFAT.O— fS.,™).       30c-5.';c.       7       davs. 

Stace:    Fred    Warinc's  Pennsylvanians.  Tom 

Foley    McCIintock.    Tv,ane    Sf'^ters. 

Smoothies.      Tohnnie     Daviis 

(Average.  SIS.OOOV 


Durante  Gets  Manaaer 

HoLi.vwoon.  Oct  18. —  Tinimv  Du- 
rante, who  heretofore  has  been  his 
own  business  manager,  has  signed  an 
actor-manager  contract  with  Ralph 
Farnum. 


THE     GLORY" 
7    days.     Gross: 


Waring. 
■Rahs.      Three 
Gross:   $24,400, 

"THE     POWER    AND 
(Fox) 

rvNTTTRY— (3.0001,    2.';c, 
.^.ino,     (Average,    $6,000,) 

"DINNER    AT    EIGHT"    (M-G-M) 

FRT.ANGER— (1,400).  55c-Sl,fi5.  7  davs. 
Twice  dailv.  2nd  week.  Gross,  $7,600, 
<^^'er■.,ee.    $10,000,) 

"MARY     STEVENS.     M.D."     (Warners) 

GREAT  T,4KE,'=;— (,1000).   2.';c-40c.   7  d-nvs. 

qtaqre:    E-'rl    Carrnirs    "Vanities."   with    Rav 

Rnleer,     Gro"!«:    $2?„^00,    (Average,    $10,000,) 

"ONE     MAN'S    JOURNEY"     (Radio) 

TriPPOnROME— (2.100).    2^f--40c,    7    davs. 

Gross:  %^.9X)    (Averace,  $6,000) 

"INDIA    SPEAKS"     (Radio) 
TTOTJ.VWOOD— (,^00),     25c-40c,     10    days, 
Gro»'.:    $<?00.      (Average    for    week.    $800.) 
"SATURDAY'S    MILLIONS"    (Univ.) 
r.AFAYETTE— (.1..100).  25c,  7  days.    Gross: 
$,'5,000.     (Averagre.    $6,500.) 


Hollywood 
Personals 


Hollyivood,    Oct.    18. 

BETTY  FURNESS,  who  will 
play  in  "Just  Off  Fifth  Avenue," 
has  been  assigned  by  Radio  to  search 
for  50  girls  in  eastern  finishing 
schools  for  parts  in  the  picture. 

Emerson  Treacy,  Paul  Nichol- 
son, WiLLARD  Robertson,  James 
Farley  and  Sam  Godfrey  will  have 
roles  in  "Wild  Birds"    (Radio). 

Constance  Bennett's  latest  film 
for  Radio  will  be  released  as  "After 
Tonight,"  instead  of  "Without  Glory" 
or  "The  Woman  Spy." 

Yakima  Canutt,  Wally  Wales, 
Lane  Chandler  and  Art  Mix  are 
in  the  supporting  cast  of  "Sagebrush 
Trail"    (Monogram). 

Leonard  Fields  is  to  become  a  di- 
rector for  Monogram  as  soon  as  he 
finishes  writing  "Diary  of  a  Bad 
Woman." 

Norman  Foster  is  going  to  Hono- 
lulu for  a  two-week  vacation  when 
he  finishes  "7  Lives  Were  Changed" 
(Fox). 

Will  Rogers  plans  to  spend  a  vaca- 
tion touring  the  east  by  plane  as  sopn 
as  he  completes  "Mr.  Stitch"  for  Fox. 

Robert  Barrat,  Donald  Meeker 
and  Hobart  Cavanaugh  added  to 
the  cast  of  "Hi,   Nellie"    (Warners). 

Grant  Whytock,  film  editor,  has 
returned  to  Hollywood  from  New 
York  to  rejoin  Reliance   Pictures. 

Lew  Brown's  return  to  the  Fox 
lot  has  reunited  the  trio  of  DeSylva, 
Brown  and  Henderson. 

Robert  Benchley  is  doing  addi- 
tional dialogue  for  "Once  Over 
Lightly"    (Radio). 

Natalie  Moorhead  and  Herbert 
Bunston  have  gone  into  "Long  Lost 
Father"  (Radio). 

Henry  O'Neill  and  Ferdinand 
Gottschalk  cast  in  "King  of  Fash- 
ion"   (Warners). 

R.  N.  Bradbury  will  direct  "West 
of  the  Divide"  and  "Blue  Steel" 
(Columbia). 

George  Waggner  is  responsible  for 
the  dialogue  of  "Born  Tough" 
(Monogram). 

Willy  Pogany  signed  by  Salient 
Pictures  to  design  the  sets  for  "Mat- 
ing   Time." 

George  Bertholon  has  been  en- 
gaged by  Monogram  to  supervise 
"The  Ape." 

Donald  Cook  has  been  loaned  by 
Columbia  to  Radio  for  "Fury  of  the 
Jungle." 

Irene  Dunne  will  be  teamed  with 
John  Boles  in  "Stingaree"   (Radio). 

Warren  William  has  started  work 
in   "Bedside"    (Warners). 

Jean  Muir  goes  into  "As  the 
Earth    Turns"     (Warners). 


10 


MOTION  PICTURE 

DAILY 


Thursday,  October   19.   1933 


ii 


Berkeley"  Is 
$9,000  High, 
Philadelphia 


Philadelphia,  Oct.  18. — "Berkeley 
Square"  got  off  to  a  good  $9,000  start 
at  the  Locust,  but  bnsiness  on  the 
whole  skidded  here  last  week.  "One 
Sunday  Afternoon"  and  Aimee  Semple 
MacPherson  didn't  draw  as  well  as 
the  Stanley  bills  of  recent  weeks  and 
"Walls  of  Gold"  was  below  average 
at  the  Fox. 

"Emperor  Jones"  finished  with  a 
good  $5,500  at  the  Aldine  and  "Too 
Much  Harmony"  got  four  days  on  a 
second  week  at  the  Boyd  and  is  book- 
ed to  reopen  at  the  Karlton. 

Total  business  was  $82,700.  Aver- 
age, <t84,400. 

Estimated  takings  for  the  week  end- 
ing Oct.  12: 

"EMPEROR    JONES"    (U.    A.) 
(Second  Week) 
.•\LDINE— (1,200),      40c-50c-65c,      6      days. 
Gross:    $5,000.    CAveraee,    $7,000.) 
"THREE    CORNERED    MOON"    (Para.) 
(Second   Run) 
ARCADIA— (600),     25c-40c-50c,      6     days. 
Gross:    $2,200.    (Average.   $2,400.) 

"TOO    MUCH    HARMONY"    (Para.) 

(Second  Week) 
BOYD— (2,400),  40c-55c-65c,  4  days.  Gross: 
$7,000.    (AveraKc    6   days.    $12,000.) 

"SOLITAIRE  MAN"  (M-G-M) 
EARLE-(2,000).  40c-55c-65c,  6  days. 
Stapre:  Russian  Revels,  Bob  Hall,  Four 
Dobas,  Frank  Radcliff,  (>'DonnelI  and  Blair. 
Stronpr  and  Lee.  Dorothy  Martin  &  Co., 
Hilton  and  Garon.  Gross:  $11,500.  (Aver- 
aee,   $12,000.) 

"WALLS   OF  GOLD"    (Fox) 
FOX— (3,000),   35c-55c-75c,   6  days.    Stage: 
Benny    Davis    and    his    revue.     Gross:    $15,- 
000.     (Average,  $16,000.) 

"LADY    FOR   A   DAY"    (Col.) 
(Second    Run) 
KARLTON— (1,000),    30c-40c-50c,    6    days. 
Gross:    $4,000.    (Average,   $3,500.) 
"DR.   BULL"    (Fox) 
(Second    Run) 
KEITH'S— (2,000),     25c-3Sc-40c,     6     days. 
Gross:    $5,500.    (.Average,    $5,500.) 

"BERKEI-EY  SQUARE"  (Fox) 
LOCUST— (1,300),  55c-$1.65  (road  show), 
6  days.  Gross:  $9,000.  (Average.  $7,000.) 
"ONE  SUNDAY  AFTERNOON"  (Para.) 
STANLEY- (3,700),  40c-55c-75c,  6  days. 
Stage:  Aimee  Semple  MacPherson,  the 
Brittons,  Rome  and  Gaut,  Ayres  and  Re- 
nee,  Oklahoma  Dudes.  Grosss  $18,000. 
(Average.  $16,000.) 

"WILD     BOYS     OF     THE     ROAD" 

(Warners) 
STANTON— (1,700),    30c-40c-55c,    6    days. 
Gross:    $7,000.    (Average,   $7,000.) 


Key  Cities  Show  Steady 

Gains  Since  Low  in  June 

(.Continued   from   pane   1) 

gains    were    reported    in    Denver,    Kansas    City,    Los    Angeles,  Minneapolis, 
Oklahoma   City,    Omaha   and    St.    Paul. 

How  the  business  for  the  last  two  weeks  of  the  52-week  period  compared 
is  shown  in  the  following  chart : 

Week  Ending  Week  Ending 

Sept.  22-23  Sept.  15-16 

, ^— >  , ^ , 

No.  No. 

Theatres              Gross  Theatres  Gross 

Boston    6                  $104,500  6  $107,000 

Buffalo  6                    48,500  6  60,700 

Chicago    6                    121,500  6  148,800 

Cleveland    6                     38,300  6  39,600 

Denver     5                      34,200  S  29,300 

Detroit   6                     70,400  6  75,900 

Indianapolis 4                     20,500  4  22,000 

Kansas  City   4                     38,900  4  34,450 

Los  Angeles  10                    108,216  11  97,037 

Minneapolis 5                      19,400  S  17,800 

Montreal    6                     43,400  5  43,500 

New  York    13                    296,260  13  322,564 

Oklahoma    City.......     4                      12,700  3  10,200 

Omaha    3                      24,225  3  20,500 

Philadelphia    8                      75,500  8  81,600 

Pittsburgh    5                     32,500  5  33,800 

Portland    5                      19,800  6  23,000 

San  Francisco   7                      76,500  7  77,000 

St.  Paul  4                     15,300  4  12,700 

Seattle    6                     29,250  6  30,750 


119  $1,229,851  119 

Comparative    grosses    for    the    last    52    weeks,    compiled 
box-office  reports  published  in  Motion  Picture  Daily  sho 


Week  Ending 

September  29-30,   1932. 

6-  7 

13-14 

20-21 

27-28 

3-4 

10-11 

17-18 


No  Cleveland  Film 
Blaze  for  8  Years 

Cleveland,  Oct.  18. — There  has 
been  no  fire  in  a  Cleveland  exchange 
in  eight  years,  according  to  Mrs. 
Georgia  Moffett,  secretary  of  the 
Film  Board  of  Trade,  who  led  the 
observance  of  Fire  Prevention  Week 
here. 

She  handled  the  observance  in  a 
big  way,  with  a  meeting  of  exhibitors 
addressed  by  Fire  Chief  Granger,  a 
gathering  of  exchange  employes  ad- 
dressed by  Judge  Lee  Skeel,  president 
of  the  Cleveland  Safety  Council ;  a 
meeting  of  operators,  also  addressed 
by  the  fire  chief;  an  inspection  of  all 
exchanges  by  the  Film  Board  of 
Trade,  and  another  inspection  by  sev- 
eral city  officials. 


October 

October 

October 

October 

November 

November 

November 

November  24-25 

December     1-  2 

December 

December 

December 

December 

January 

January 

January 

January 

February 

February 

February 

February 

March 

March 

March 

March 


8-  9. 
15-16 
22-23 
29-30, 
5-  6, 
12-13 
19-20 
26-27 

2-  3 
9-10 

16-17 
23-24 

3-  4 
10-11 
17-18 
24-25 


1933. 


March  31-Apr.  1 . 


Majestic  in  St.  Louis 

St.  Louis,  Oct.  18. — Majestic  Pic- 
tures Corp.  recently  opened  an  ex- 
change of  its  own  here  in  the  quarters 
formerly  occupied  by  Educational  at 
3334  Olive  St.  Andy  R.  Dietz  is 
branch  manager.  George  Stern  is  his 
assistant. 


April  7- 

April  14-15 

April  21-22 

April  28-29 

May  5-  6 

May  12-13 

May  19-20 

May  26-27 

June  2-  3 

June  9-10 

June  16-17 

June  23-24 

Tune   30-JuIy     1 

July  7-8 

July  14-15 

July  21-22 

July  27-29 

August         4-  5 

August        11-12 

August        18-19 

August        25-26 

September      1-2 

September      8-9 

September  15-16 

September  22-23 

(Copyright, 


1933, 


Theatres 

116 

119 

117 

121 

121 

121 

120 

120 

120 

122 

117 

112 

110 

124 

130 

127 

120 

126 

129 

128 

126 

124 

127 

123 

120 

110 

110 

109 

117 

120 

121 

121 

120 

120 

115 

119 

117 

112 

109 

114 

114 

114 

118 

118 

117 

116 

115 

113 

117 

122 

119 

119 

fry  Quigley  Publications) 


$1,292,201 
from    day-by-day 
w  this : 
Grosses 
$1,571,308 

1,605,873 

1,592,876 

1,627,514 

1,600,607 

1,493,036 

1,471,942 

1,538,549 

1,547,874 

1,519,928 

1,305,929 

1,154,203 

1,043,754 

1,402,633 

1,717,730 

1,446,319 

1,424,704 

1,477,509 

1,419,723 

1,366,431 

1,378,314 

1,382,258 

1,283,310 

1,102,745 

1,085,015 

1,135.002 

1,179,855 

1,139,584 

1,069,%2 

1,280,229 

1,174.541 

1,133.011 

1,138.854 

1,084,172 

1,004.791 

1,042.879 
948.712 
992,235 

1.099.133 

1.058,549 

1,104.391 

1,085,488 

1,100.357 
"^   LO.58.193 

1.024.173 

1,161.345 

1.185.2.W 

1,169..121 

1.261.957 

1.365.105 

1,292.201 

1,229,851 


"Bowery"  Is 
Pittsburgh's 
$14,000  Lead 


Pittsburgh,  Oct.  18. — It  was  all 
"The  Bowery"  and  "Lady  for  a  Day" 
here  last  week.  At  the  Penn,  "The 
Bowery"  took  $14,000,  which  almost 
doubled  the  previous  week's  "Stage 
Mother,"  while  "Lady  for  a  Day," 
after  easing  along  through  the  week, 
wound  up  strong  to  get  $11,500. 

After  a  great  first  week,  "Dinnc 
At  Eight,"  in  its  roadshow  engage- 
ment at  the  Nixon,  fell  off  to  $6,900, 
but  was  held  over  for  a  third  week. 
This  is  due  to  the  fact  that  the  house 
doesn't  have  a  legitimate  booking  until 
October  23.  "One  Year  Later"  and 
vaudeville  gave  the  Pitt  a  nice  week 
a  $4,900,  while  "Love,  Honor  and  Oh 
Baby"  pepped  up  the  Warner  slightlv 
to  $4,200  after  a  dispirited  week.  "Dr. 
Bull"  was  all  right  for  the  Fulton, 
gathering  $4,800. 

Total  grosses  in  six  first  run  houses 
were  $39,400.    Average  is  $37,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  14: 

"TO    THE    LAST    MAN"    (Para.) 

DAVIS— (1,700),  25c-40c.  6  days.  Gross: 
$2,100.         (Average.    ,t2.500.) 

"DR.    BULL"    (Fox) 

FULTON— (1,750),  15c-40c,  6  days. 
Gross:    $4,800.        (Average,    $4,000.) 

"DINNER    AT    EIGHT"    (M-G-M) 

NIXON— (2,100),  55c-$1.65c,  12  perform- 
ances. 2nd  week.  Gross:  $6,900.  First 
week.     $14,000. 

"THE    BOWERY"    (U.    A.) 

PENN— (3,600),  25c-50c,  6  days.  Gross: 
$14,000.      (Average,    $12,000.) 

"ONE    YEAR    LATER"    (Indepemlent) 

PITT— (1.600),  15c-40c,  6  days.  Staget 
Mel  Klee,  Robin  Sisters,  Royal  Buccaneers, 
Foley  and  LaTour,  Renoff  and  Renova, 
Rudell  and  Dunigan  and  Vernon  Rathburn 
revue.  Gross:  $4.9flb.  (Average.  $4,500.) 
"LADY   FOR   A  DAY"    (Col.) 

STANLEY— (3,600),  25c-50c.  6  days. 
Gross:    $11,500.       (Average.    $9,000.) 

"LOVE,    HONOR    AND    OH    BABY" 
(Univ.) 

WARNER— (2,000),  25c-50c,  6  days. 
Gross:    $4,200.        (Average.    $5,000.) 


School  Books  Taken 
As  Theatre  Tickets 

MiDDLETOWN,  O.,  Oct.  18. — Roy  L. 
Patterson,  manager  of  the  Gordon, 
independent,  has  won  the  gratitude 
of  many  needy  families  here  through 
the  distribution  of  school  textbooks, 
accepted  as  admissions  on  two  stated 
days. 

The  plan  had  the  endorsement  of 
the  Board  of  Education,  and  hun- 
dreds of  children,  handicapped  in 
their  school  work  by  lack  of  books, 
were  thus  able  to  continue. 


Colorado  Bans  Companies 

Den\t=;r,  Oct,  18. — Included  in  the 
list  of  500  corporations  barred  from 
further  business  in  the  state  are  seven 
amusement  and  allied  companies,  as 
follows :  Acme  Amusement  Co.,  Colo- 
nial Pictures  Corp.,  Mountain  States 
Amusement  Corp.,  National  Amuse- 
ment of  Kansas  City,  Oberfelder- 
Ketcham  Productions,  Picture  Ma- 
chine Service  Corp.  and  the  Universal 
Amusement   Syndicate,   Inc. 


Hooley  in  New  Post      | 

Pittsburgh,  Oct.  18.— Jack  Hooley.  ' 
who  recently  resigned  as  manager  of 
the  Sheridan  Square,  has  lined  ut>  with 
the  Harris  Amusement  Co.,  his  former 
employers,  and  will  guide  the  Family, 
directly  across  the  street  in  East  Lib- 
erty from  his  old  spot. 


i 


Thursday.  October  19,   1933 


MOTION  PICTURE 

DAILY 


II 


"Henry  VIII" 
Boston  High 
With  $20,000 


Boston,  Oct.  18. — Grosses  continued 
upwards  for  the  week  with  a  good 
hohday  business  on  the  final  day 
boosting  many  of  the  theatres  to  new 
marks  for  the  season. 

The  premiere  of  "The  Private  Life 
of  Henry  VIII"  sent  RKO  Keith's 
into  first  place  with  $20,000  for  the 
week,  $4,000  above  average,  while  the 
Metropolitan,  with  "Paddy,  the  Next 
Best  Thing"  was  likewise  good  for 
$4,000  above  average,  supplemented 
by  two  stage  shows,  Edouard  Bianco 
and  his  Argentine  Orchestra  and  Joe 
Laurie's  "Golden  Memories." 

RKO  Boston  maintained  good  busi- 
ness with  "Love,  Honor  and  Oh, 
Baby"  going  $3,500  above  par,  while 
Loew's  State,  with  "The  Bowery," 
was  up  $2,500. 

Total  first  run  business  was  $109,- 
000.  Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  12: 

"LOVE,    HONOR    AND    OH,    BABY" 
(Univ.) 

BOSTON— (2,900),  2Sc-50c,  7  days.  Ted 
Lewis  and  Musical  Klowns.  Gross:  $19,500. 
(Average,   $16,000.) 

"WILD  BOYS  OF  THE  ROAD"  (Warners) 
"TOO  MUCH  HARMONY"  (Para.) 

FENWAY— (1,800),  30c-50c,  7  days. 
Gross:   $9,500.    (Average,   $9,000.) 

"PRIVATE  LIFE  OF  HENRY  VIII" 
(U.  A.) 

KEITH'S— (3,500),  30c-50c,  7  days,  2nd 
week.  Mr.  and  Mrs.  Jesse  Crawford.  Gross: 
$20,000.    (Average,    $16,000.) 

"THE    BOWERY"    (U.   A.) 

LOEW'S  STATE— (3,700),  35c-50c,  7  days. 
Vaudeville.  Ooss:  $18,500.  (Average,  $16,- 
000.) 

"PADDY,   THE   NEXT   BEST   THING" 
(Fox) 

METROPOLITAN— (4,350),  30c-65c,  7 
days.  Edouard  Bianco  and  Argentine  Or- 
chestra, Joe  Lauries'  Golden  Memories. 
Gross:  $32,000.  (Average,  $28,000.) 
"WILD  BOYS  OF  THE  ROAD"  (Warners) 
"TOO   MUCH   HARMONY"    (Para.) 

PARAMOUNT— (1,800),  30c-50c,  7  days 
Gross:   $9,500.    (Average,  $9,000.) 


Charter  New  N.  O.  Firm 

New  Orleans,  Oct.  18.— Road- 
show Pictures,  Inc.,  with  a  capital  of 
$10,000,  divided  into  100  shares  at 
$100  each,  has  filed  articles  of  incor- 
poration, showing  Henry  Lazarus, 
president ;  Mrs.  Henry  Lazarus,  vice- 
president  ;  Isidore  Lazarus,  secretary- 
treasurer.  The  new  corporation  will 
buy,  build  and  sell  theatres,  manufac- 
ture, purchase  and  sell  films.  Lazarus 
is  owner  of  the  Newcomb,  Wonder- 
land a,nd  Coliseum,  the  latter  a  neigh- 
borhood house. 


Dicker  for  Canton  House 

Canton,  O.,  Oct.  18. — Negotiations 
are  said  to  be  under  way  by  Young 
and  Rinehart,  operators  of  the  Mc- 
Kinley  and  Mozart,  independents,  to 
take  over  the  Grand  Opera  House, 
and  convert  it  into  a  vaudefilm  stand. 

The  house  heretofore  has  been 
committeed  to  various  policies,  some 
of  which  were  under  a  cooperative 
arrangement  with  union  musicians 
and  stagehands. 


C.L.&W.  Circuit  Formed 

Charlotte,  Oct.  18.— A  state 
charter  has  been  granted  to  C.  L.  and 
W.  Theatres,  Inc.,  of  which  Sam 
Craver  is  president.  The  new  com- 
pany will  operate  a  circuit  of  seven 
theatres  in  North  Carolina,  Tennes- 
see, South  Carolina  and  Virginia. 


"Anger'  Hits  $50,000  as      ^'Bowery"  Top 


Loop  Trade  Smashes  Par 


All  in  the  Family 

Hollywood,  Oct.  18.— Shortly 
after  Tommy  Young  had  all 
of  his  lower  molars  knocked 
out  during  the  filming  of  a 
picture,  the  studio  sent  the 
actor  a  check  for  $250  to  have 
them  replaced.  Instead  of 
using  the  money  for  himself 
he  sent  his  wife  to  the  dentist 
instead,  and  that  is  what 
they  call  the  height  of  reci- 
procity. 


"Emperor"  Is 
Seattle  Lead 
With  $5,250 


Seattle,  Oct.  18.  —  "Emperor 
Jones"  at  the  Blue  Mouse  was  the 
week's  leading  attraction.  It  was 
good  for  a  take  of  about  $1,250  over 
the  normal  $4,000. 

At  Hamrick's  Music  Box,  "Good- 
bye Again"  didn't  fare  quite  as  well, 
taking  only  about  $3,750  for  the  week. 
"The  Power  and  the  Glory"  at  the 
Fifth  Avenue  was  average,  and  "One 
Sunday  Afternoon"  at  the  Paramount 
somewhat  below  par.  The  second 
week  of  "Lady  for  a  Day"  was  good 
for  a  total  about  $4,500. 

Total  first  run  business  was  $29,- 
000.     Average  is  $31,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  13: 

"EMPEROR  JONES"    (U.  A.) 

BLUE  MOUSE— (950),  25c-35c-40c-S5c,  7 
days.       Gross:    $5,250.       (Average,    $4,000.) 

"THE    POWER    AND    THE    GLORY" 
(Fox) 

FIFTH  AVENUE— (2,750),  25c-35c-40c- 
55c,  7  days.  Gross:  $7,000.  (Average, 
$7,000.) 

"BELOW   THE    SEA"    (Col.) 
"THE    WORLD    GONE    MAD"    (Majestic) 

LIBERTY— (1,800),  10c-15c-25c,  7  days. 
Gross:   $3,500.      (Average,   $4,000.) 

"GOODBYE   AGAIN"    (Warners) 

MUSIC      BOX— (950),      25c-35c-40c-55c,      7 
days.      Gross:    $3,750.       (Average.    $4,000.) 
"ONE    SUNDAY    AFTERNOON"     (Para.) 

PARAMOUNT— (3,050),    25c-35c-40c-5Sc,    7 
days.      Gross:   $5,000.      (Average,  $6,000.) 
"LADY    FOR    A    DAY"     (Col.) 

ROXY— (2,275),  25c-35c-50c,  2nd  week,  7 
days.  Gross:  $4,500.  (Average,  first 
week,   $6,500.) 


Rosen  Sets  Up  Company 

Hollywood,  Ocft.  18. — March  of 
Time  Productions,  Ltd.,  is  the  banner 
under  which  Al  Rosen,  local  agent, 
will  produce  "The  Mad  Dog  of 
Europe,"  a  story  of  Germany  under 
the   Hitler  regime. 

The  new  company  has  established 
headquarters  at  the  Associated  Stu- 
dios, where  Lynn  Rootis  preparing 
the  script.  Production  is  slated  to 
start  about  Nov.   1. 


Cataract  Theatre  Opened 

Niagara  Falls,  Oct.  18. — A.  C. 
Hayman  has  reopened  the  Cataract, 
closed  since  last  spring,  at  15c-25c 
with  first  run  single  features  on  a 
split  week.  James  Kelly  is  manager 
of  the  Strand  as  well  as  the  reopened 
house.  Carl  Stephanski  is  his  assist- 
ant. 


Chicago,  Oct.  18. — Mae  West  in 
"I'm  No  Angel"  gave  B.  &  K.'s  Ori- 
ental its  biggest  week  since  the  house 
abandoned  stage  shows  and  cut  admis- 
sions. The  first  week  of  what  prom- 
ises to  be  a  long  run  showed  $50,000 
in  the  till. 

Fortified  with  strong  product  and 
augmented  stage  shows,  Loop  houses 
hung  up  heavy  grosses  at  practically 
all  spots  for  the  week.  At  the  Chicago, 
where  "Night  Flight"  was  on  the 
screen  and  Billy  Rose's  "Crazy  Quilt" 
on  the  stage  the  fine  figure  of  $60,000 
was  recorded.  McVickers,  which  runs 
rather  uncertainly,  climbed  to  $20,000 
with  "Too  Much  Harmony."  This  is 
good  enough  to  warrant  a  second 
week  at  this  spot. 

The  low  priced  Roosevelt,  running 
"Penthouse"  for  its  second  week  in 
the  Loop,  registered  strong  with  $16,- 
000. 

Total  first  run  business  was  $178,- 
000.    Average  is  $120,600. 

Estimated  takings : 

Week  Ending  Oct.  10: 

"I'M    NO    ANGEL"    (Para.) 

ORIENTAL— (3,940),    30c-40c-60c,    7    days. 
Gross:    $50,000.    (Average,    $23,000.) 
"VOLTAIRE"    (Warners) 
UNITED    ARTISTS— (1,700),    30c-40c-60c, 
2nd   week,   7   days.   Ooss:    $9,000.    (Average, 
$17,000.) 

Week  Ending  Oct.  12: 
"NIGHT  FLIGHT"  (M-G-M) 
CHICAGO--(4,000),     3Sc-50c-68c,     7     days. 
Billy  Rose's  "Crazy  Quilt"  on  stage.  Gross: 
$60,000.    (Average,    $34,600.) 

"BRIEF   MOMENT'   (Col.) 
PALACE^(2,509),     35c-50c-7Sc.     7     days. 
Musical    comedy,     "Strike     Me    Pink,"    on 
stage.     Gross:    $23,000.    (Average,   $22,000.) 
Week  Ending  Oct.  13: 
"TOO   MUCH   HARMONY"    (Para.) 
McVICKERS— (2,284),   30c-40c-60c,   7   days. 
Gross:   $20,000.    (Average,   $13,000.) 
"PENTHOUSE"    (M-G-M) 
(Second  Loop  Week) 
ROOSEVELT— (1,591),  25c-35c-50c,  7  days, 
Gross:    $16,000.    (Average,    $11,000.) 


Texas  Guinan  Tips 
Portland  $14,000 

Portland,  Oct.  18. — This  town  went 
wild  about  Texas  Guinan.  With 
"Rafter  Romance"  on  the  screen,  she 
sent  the  Oriental  take  skyrocketing  to 
$14,000.      Normal  is  $2,000. 

"Dinner  at  Eight"  roadshown  for 
one  week  at  Hamrick's  with  increased 
prices,  was  good  for  $5,000. 

The  new  Levy  vaudeville  circuit 
with  eight  acts  brought  increased 
business  to  the  Liberty,  with  the  help 
of  "Torch  Singer."  The  intake  was 
$4,500,  or  $2,700  over  average. 

Total  first  run  business  was  $37,- 
800.     Average  is  $19,600. 

Estimated  takings  for  the  week 
ending  Oct.    14: 

"BERKELEY  SQUARE"  (Fox) 

HAMRICK'S  MUSIC  BOX— (2,000),  25c- 
35c-40c,  7  days.  Gross:  $2,800.  (Average, 
$3,000.) 

"RAFTER    ROMANCE"    (Radio) 

HAMRICK'S  ORIENTAI^(2,040).  25c- 
35c-50c.  Texas  Guinan  &  Co.  on  stage. 
Gross:    $14,000.       (Average,    $2,000.) 

^BROADWAY     TO    HOLLYWOOD" 
(M-G-M) 

BROADWAY— (1,912),        25c-35c-40c,         7 
days.        Gross:     $6,500.        (Average,    $6,000.) 
"NIGHT  FLIGHT"  (M-G-M) 

UNITED    ARTISTS— (945),    25c-35c-40c,    7 
days.       Gross;    $5,000.        (Average,    $5,000.) 
"TORCH    SINGER"     (Para.) 

LIBERTY— (1,800),  25c-35c-40c,  7  days. 
Vaudeville.  Gross:  $4,500.  (Average,  $1,- 
800.) 

"DINNER    AT    EIGHT"    (M-G-M) 

HAMRICK'S  PLAYHOUSE  —  (1,600), 
S5c-85c-$1.10-$1.65.  Gross:  $5,000.  (Aver- 
age,   $1,800.) 


Frisco  Draw; 
Gets  $15,500 


San  Francisco,  Oct.  18. — "The 
Bowery"  had  them  standing  in  line 
night  and  day  in  its  first  week  here 
at  the  United  Artists.  The  figure 
for  the  week  was  $15,500,  and  would 
have  been  more  had  not  the  U.  A. 
gone  down  15  cents  in  its  general  ad- 
mission to  40  cents  top.  Had  the 
show  been  charging  the  regular  65 
cents  price  in  vogue  when  Charlie 
Chaplin's  picture  played,  it  would 
have  broken  the  house  record  made 
by   "City   Lights." 

The  Orpheum,  with  Al  Pearce's 
radio  gang  and  Rube  Wolf's  band 
supplementing  "Ladies  Must  Love," 
got  a  very  neat  $15,000  for  the 
stanza.  The  Warfield  was  steady 
with  "Broadway  to  Hollywood"  at 
$18,000. 

Total  first  run  business  for  10  the- 
atres was  $109,800.  Average  is  $107,- 
000. 

Estimated  takings : 

Week  Ending  Oct.  10: 

"MIDSHIPMAN     JACK"     (Radio) 

GOLDEN  GATE— $2,800),  25c-35c-45c-65c,  7 
days.  Stage:  "Salome."  Horace  Heidt 
band.       Gross:    $10,300.       (Average,    $13,000.) 

Week  Ending  Oct.  11: 

"BROADWAY     TO     HOLLYWOOD" 

(M-G-M) 

WARFIELD^(2,700),  25c-35c-55c-65c-90c 
7  days.  Stage,  band.  Gross  $18,000.  (Av- 
erage,   $19,000.) 

Week  Ending  Oct.  12: 

"LADIES    MUST    LOVE"     (Univ.) 

ORPHEUM— (3,000),       15c-25c-35c-40c,       7 
days.      Stage:   Al   Pearce  Gang,   Rube   Wolf, 
girls.       Gross:    $15,000.       (Average,    $10,000.) 
"MIDNIGHT  MARY"  (M-G-M) 

EL  CAPITAN— (2,900),  10c-25c-35c-40c.  7 
days.  Stage:  band.  Gross:  $8,500.  (Av- 
erage,   $9,000.) 

"TOO   MUCH   HARMONY"    (Para.) 

EMBASSY— (1,380),  30c-40c-50c.  7  days. 
Gross:    $4,000.        (Average,    $8,000.) 

Week  Ending  Oct.  13: 
"DINNER    AT    EIGHT"    (M-G-M) 

COLUMBIA— (1,200),  50c-7Sc-$1.50,  two- 
a-day,  2nd  week.  Gross:  $8,000.  (Average, 
$10,000.) 

"BRIEF   MOMENT"    (Col.) 
FOX— (4,600),       10c-15c-25c-35c,       Fio-Rito 
band,     girls.        Gross:     $10,500.         (Average, 
$9,000.) 

"MY  WEAKNESS"  (Fox) 
PARAMOUNT— <2,670),    25c-35c-5Sc-75c,    7 
days.      Gross:    $15,000.       (Average,   $15,000.1 
"CAPTURED"    (Warners) 
"GOLDEN  HARVEST"  (Para.) 
ST.      FRANCIS— (1,450),      25c-40c-50c.      7 
days.       Gross:    $5,000.        (Average,    $6,000.) 
"THE    BOWEIRY"    (U.    A.) 
UNITED     ARTISTS— (1,200),     25c-40c-50c, 
7  days.      Gross:   $15,500.      (Average,  $8,000.) 


Neth  Drops  Vaudefilm 

Columbus,  Oct.  18. — J.  Real  Neth 
has  discontinued  the  vaudeville  policy 
at  the  Hartman,  which  he  reopened 
last  month,  in  favor  of  musical  stock 
offerings,  interspersed  with  traveling 
musical  comedy  and  legitimate  attrac- 
tions, with  a  scale  of  22  to  44  cents, 
including  state  tax,  for  the  resident 
company,  and  $1  to  $2.50,  plus  tax, 
for  the  traveling  organizations. 


Wichita  Man  Files  Suit 

Wichita,  Oct.  18.— George  Siedhoflf, 
Wichita  hotel  owner,  is  suing  to  re- 
cover $6,146  assertedly  due  him  for 
bills  paid  in  the  construction  of  the 
Uptown,  now  a  Fox  house.  Validity 
)f  the  claim  is  disputed  by  the  de- 
fendants, Robert  Campbell,  (jharles  H. 
Smyth,  C.  J.  Smyth,  C.  H.  Brooks, 
Willard  Brooks  and  Standish  Hall. 


I 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  94 


NEW  YORK,  FRIDAY,  OCTOBER  20,  1933 


TEN  CENTS 


Quigley  Urges 
^^Ad''  Code  Be 
Given  Meaning 

Present  Rules    "Hollow, 
Insincere"  Gesture 


The  advertising  code  of  ethics 
should  be  given  meaning  in  order  that 
the  industry  "shall  no  longer  merit  the 
sort  of  criticism  which  has  been  lev- 
elled against  its  advertising  and  pub- 
licity," Martin  Quigley,  head  of  Quig- 
ley Publications,  said  yesterday  in 
addressing  the  A.  M.  P.  A.  at  Sardi's. 

Declaring  that  he  was  familiar  with 
the  circumstances  which,  in  1930, 
caused  the  industry  to  adopt  the  exist- 
ing advertising  code  of  ethics,  the  pub- 
lisher characterized  the  document  as  a 
"hollow  and  insincere  gesture  to  cer- 
tain quarters,"  and  urged  A.  M.  P.  A. 
members  to  demand  the  rights  which 
their    responsibility    under    the    NRA 

(.Continued    on    pane    4) 


Many  Reopenings 
Mark  K.  C.  Pickup 

Kansas  City,  Oct.  19. — Numerous 
theatre  reopenings  are  one  of  the  re- 
sults of  the  general  improvement  in 
business  conditions  in  this  territory. 
More  are  expected,  including  the  Em- 
press, Pantages  and  Fox  Pantages 
here. 

Salient  points  in  the  optimistic  vista 
are: 

Guarantee  by  the  government  of 
$31,000,000  in  adjustment  payments  to 
(Continued   on    pane    4) 


Southeastern  Asks 
Others  to  Sessions 

Atlanta,  Oct.  19. — Invitations  have 
been  sent  out  by  Col.  Thomas  E.  Orr, 
president  of  Southeastern  Theatre 
Owners'  Ass'n.,  to  the  Tri-States  The- 
atre Owners'  Ass'n.  and  the  North 
(Continued    on    page    4) 


The  Source? 

Ann  Rommel  is  author  of 
"Who's  Afraid  of  the  Big  Bad 
Wolf,"  song  hit  from  "Three 
Little  Pigs,"  that  has  taken 
the  country  by  storm. 

Miss  Rommel  is  sister  of 
Sol.  A.  Rosenblatt,  but 
whether  she  got  the  idea 
from  the  deputy's  technique 
is  not  on  record. 


Will  Sign  Here 

Major  companies  are  ex- 
pected to  sign  the  industry 
code  in  New  York.  No  further 
trips  to  Washington  are 
necessary. 


Washington,  Oct.  19.— The 
code  may  be  signed  here  or  in 
New  York.  The  city  of  sign- 
ing makes  no  difference  to 
Deputy  NRA  Administrator 
Sol.  A.  Rosenblatt. 

The  code  contains  a  pro- 
vision which  bars  anyone  who 
has  not  signed  it  within  45 
days  after  it  is  approved  by 
the  President  from  filing  com- 
plaints with  grievance  boards, 
zoning  boards  and  the  code 
authority.  Complaints,  how- 
«ver,  may  be  filed  against 
such  parties  by  code  signers. 


Warners  Put 
First  of  Own 
Checkers  Out 


With  dispatch  to  the  ]\Iiddle  West 
earlier  this  week  of  a  vanguard  of 
checkers,  Warners  are  moving  along 
on  plans  to  maintain  their  own  or- 
ganization, independent  of  Ross  Fed- 
eral Service,  Inc.,  and  the  Burns 
Agency.  R.  W.  Budd  will  handle  the 
development    for    the    distributor. 

The  scheme  calls  for  permanent 
maintenance  of  supervisors  stationed 
throughout  the  country.  Checkers 
will  be  taken  on  as  required  in  vari- 
ous towns,  using  either  local  bank 
representatives  or  men  on  the  civil 
service    list   on   a    per   day   basis. 


''Anger  Flies  to  New 
High  Out  in  Denver 

Denver,  Oct.  19. — "I'm  No  Angel" 
broke  the  house  record  at  the  Denham 
opening  day  and  started  out  even  bet- 
ter the  second.  A  midnight  preview 
was  sold  out  in  advance  and  there 
were  standouts  for  every  one  of  the 
six    opening   day   shows. 

The  picture  is  being  held  indefi- 
nitely. 


''Anger  Packs  Three 
Theatres  in  Houston 

Houston,  Oct.  19. — Houston  joined 
the  "big  parade"  to  see  Mae  West  in 
"I'm  No  Angel"  when  6,100  paying 
customers  saw  three  simultaneous  pre- 
views of  the  film  at  midnight.    These 

(Continued    on    paac    4) 


CODE  DELAYED  FOR 
MORE  CONFERENCES 


Atlanta  Sees 
No  Increases 
In  the  Offing 


Atlanta,  Oct.  19. — No  admission 
hikes  are  contemplated  here,  according 
to  heads  of  theatres.  However,  a  re- 
alignment of  al^liations  with  three  first 
run  houses  has  resulted  in  a  slight  ad- 
vance in  scales  at  the  Fox,  until  re- 
cently operated  by  a  Shrine  Mosque 
holding  committee  and  charging  20 
cents  for  matinees  and  30  cents  nights. 
This  4,500-seat  semi-suburban  de  luxe 
house  has  been  taken  over  by  R.  B. 
Wilby,  and  prices  are  now  35  cents 
matinee  and  40  cents  evenings,  with  a 
25-cent  admission  to  the  balcony  at  all 
times. 

Wilby  already  had  under  lease  the 
Georgia,  former  Keith  vaudeville  house, 
and  the  Paramount,  a  de  luxe  Publix 
house,  both  showing  first  runs.  Under 
the  new  alignment  the  pick  of  five  pro- 
ducing companies  will  be  shown  at  the 
Fox,  next  choice  to  the  Paramount  and 
third  choice  and  subsequent  runs  at  the 
Georgia.  Prices  at  the  Paramount  will 

(Continued    on    pane    4) 

Argentine  Embargo 
Effect  Stirs  Worry 

A  serious,  cumulative  efifect  on  the 
foreign  revenues  of  the  industry  is 
likely  as  a  result  of  the  money  em- 
bargo put  into  force  by  Argentina, 
according  to  Major  Fred  Herron, 
head  of  the  foreign  department  of  the 
M.   P.  P.  D.  A. 

Several  American  distributors  are 
known  to  have  withdrawn  funds  from 
Argentina  within  the  past  two  or 
three  months,  but  others  are  known 
to    have    sizeable    amounts    on    hand 

(Continued  on   pane  4') 


Biograph  Revamping 
N earing  Completion 

Renovation  of  the  old  Biograph 
studio  here,  recently  taken  over  by 
Consolidated  Film  Industries,  is  near- 
ing  completion  and  negotiations  for 
leasing  facilities  to  independent  pro- 
ducers are  being  advanced. 

Indications  are  that  efforts  will  be 
made  to  induce  Broadway  producers 
to  use  the  plant  for  film  versions  of 
stage  productions.  H.  J.  Yates,  Con- 
solidated president,  is  devoting  con- 
siderable time  at  present  to  the  studio 
project. 


Rosenblatt  Drops  Report 

To  Hear  Protests  by 

Independents 


Washington,  Oct.  19. — Suspend- 
ing the  writing  of  his  report  on  the 
film  code  for  Administrator  Hugh  S. 
Johnson,  Deputy  NRA  Administra- 
tor Sol  A.  Rosenblatt  late  this  after- 
noon began  what  promised  to  be  a 
long  conference  with  a  number  of  in- 
dependent exhibitors  who  are  in 
Washington  to  protest  against  a 
number  of  provisions  in  the  final 
draft. 

The  already  much  discussed  points 
of  double  features,  the  right  to  buy 
and  other  subjects  emphasized  by  in- 
dependents were  expected  to  come  up 
for  renewed  conversation  during  the 
conference,  but  there  is  little  prob- 
ability that  the  meeting  will  result  in 
any  important  amendment  to  the  code, 
which  Rosenblatt  now  is  anxious  to 
get  off  his  hands  and  on  its  way  to 
the   White    House. 

Among  those  present  at  the  confer- 
ences were  W.  Ray  Johnston,  presi- 
dent    of     Monogram,     and     Herman 

(Continued  on   paae  4) 


20th  Century  May 
Buy  U.  A.  Studios 

Hollywood,  Oct.  19. — In  another  of 
its  rapid  expansion  moves  20th  Cen- 
tury may  take  over  ownership  of  the 
United  Artists  studio.  The  plant  is 
owned  by  Mary  Pickford  and  Doug- 
las Fairbanks,  and  the  deal  may  in- 
volve about  $750,000. 

Joseph  M.  Schenck,  as  head  of  20th 
Century,  has  just  taken  a  lease 
on  the  plant  from  the  United  Artists 
Studio  Corp.,  which  includes  Miss 
Pickford,  Fairbanks,  Charles  Chaplin, 
Samuel  Goldwyn,  Schenck  and  others. 


Not  Far  Off 

Bank  called  exhibitor.  The- 
atreman  owed  bank  a  lot  of 
money. 

"Well,"  said  exhibitor  to 
banker,  "what  do  you  think 
of  product?" 

"What  do  we  know  about 
anybody's  product?  We're  not 
in    the    theatre   business." 

"You  will  be  by  Monday," 
replied  exhibitor. 


MOTION  PICTURE 

DAILY 


Friday.  October  20,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Revitw 

and    AJotton    Pictures    Today 


Vol. 


October  20,   1933 


No.  94 


Martin  Quigley 

Editor-iti'Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•\r\  PUBLISHED  daily,  except  Sunday 
/  11 J  and  holidays,  by  Motion  Picture 
^cl^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets:  Victor 
M.  Shapiro.  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edtvin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive.  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  ai  second  class  mat- 
ter January  4,  1926,  at  the 
Post  Office  at  New  York  City, 
N.  v..  under  Act  of  March  3, 
1879. 

Subscription  rates  per  year: 
$6  in  the  Americas,  except 
Canada;  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


vNRA. 


wt  eo  ow  Murr 


Trotta,  Lewis  Book  Out 

"Screen  Personalities"  is  the  title 
of  an  illustrated  book  by  Vincent 
Trotta,  art  director  for  Paramount, 
and  Clif?  Lewis,  publicity  man,  just 
published  by  Grosset  &  Dunlap.  It 
is  something  new  of  its  kind.  Each 
page,  8J^xl2,  is  illustrated  with  cray- 
on drawings  of  well  known  players 
and  inserts  showing  highlights  of 
their  careers,  and  with  descriptive 
personality  material  typed  in.  There 
are  100  full  page  illustrations.  It  is 
designed  for  fan  appeal,  but  may  be 
useful  to   film   critics   as   well. 

-J.  M.  J. 


Goldman  Sells  2  Reeler 

Paul  Goldman  has  just  completed 
a  two-reel  subject,  "Below  the  Deep," 
with  Richard  Arlen.  He  is  releasing 
it  on  the  state  rights  market  and  has 
just  booked  the  entire  Warner  group 
in   Philadelphia. 


Form  New  Warner  Co. 

Wilmington,  Oct.  19. — Warner 
Brothers-First  National  (Philippines), 
Inc.,  has  been  chartered  here  with  a 
capitalization  of  $10,000.  Incorpora- 
tors are  C.  S.  Peabbles,  L.  H.  Her- 
man and  Walter  Lenz. 


Skourases  Get  Para.  List 

Skouras  Brothers  yesterday  signed 
for  all  of  Paramount's  product  for 
its  local  houses. 


{ben b"£ue 

f         Starring  In  Series 

I  WARNER  BROS. 
SHORTS 


Froiueti  by 
SAM  SAX 


nireeleJ  by 
RALPH  STAUB 


DtricUou:    LEO     MORRISON 


Aggie  Appleby,  Maker  of  Men" 

(Radio) 

What  seems  to  be  a  formidable  title  conjuring  mental  pictures  of  a 
square-chinned  woman  who  guides  the  destinies  of  men  is  in  this  case 
merely  the  introduction  to  a  series  of  laughs.  Aggie  (Wynne  Gibson) 
has  a  man  who  is  too  rough  to  suit  her.  She  gets  another  (Charles 
Farrell),  who  is  too  meek,  and  tries  to  make  him  like  the  first.  When 
she  finally  goes  back  to  the  roughneck  (William  Gargan)  she  tries  to 
make  him  something  like  Farrell.  It's  the  shopping  instinct  idea  and 
seemed  to  please  an  RKO  Music  Hall  audience  yesterday. 

Flappers  may  be  disappointed  by  the  abrupt  ending,  because  all  the 
scenes  seem  to  be  building  up  to  a  happy  romance  between  Miss  Gibson 
and  Farrell. 

When  Gargan  is  jailed  at  the  start  for  beating  up  a  squad  of  policemen 
Miss  Gibson  goes  hungry  and  sleeps  outdoors  until  Zasu  Pitts,  maid  in 
a  theatrical  boarding  house,  takes  her  in  and  puts  her  to  bed  in  the 
room  of  a  boarder  she  thinks  is  out  for  the  day.  Farrell,  scion  of  an 
old  family,  walks  in  and  finds  her  there.  The  next  day  she  buys  him  a 
striped  suit  and  silk  shirt,  throws  his  glasses  away  and  gives  him  the 
name  of  Red  Branahan.  In  no  time  he  is  boss  of  a  tough  construction 
gang. 

By  the  time  Gargan  gets  out  of  jail  Miss  Gibson  thinks  she  is  in  love 
with  Farrell  and  he  sets  out  to  beat  up  Gargan.   Light,  but  entertaining. 


Three  of  Richmond 
Theatres  Reopening 

Richmond,  Oct.  19. — Three  reopen- 
ings  are  set  within  the  next  few  days. 
The  Broadway  is  scheduled  to  go 
back  into  service  Friday  night. 

The  National,  recently  redecorated 
by  Wilmer  &  Vincent,  and  with  new 
seats,  new  sound  and  other  features, 
will  have  a  formal  reopening  Monday. 
A  vaudefilm  policy  with  three  shows 
a  day  is  to  prevail,  and  a  nine-piece 
orchestra  will  be  used. 

Reopening  of  the  Colonial,  originally 
set  for  Friday,  has  been  put  back  to 
Oct.  27. 


Zanuck  to  Do  3d  Musical 

Hollywood,  Oct.  19.  —  Darryl 
Zanuck  is  planning  a  third  musical 
to  follow  "Broadway  Thru  a  Key- 
hole" and  "Moulin  Rouge."  It  will 
be  called  "The  Love  School"  and  was 
written  by  Jerome  Kingston,  who 
authored    "Footlight    Parade." 


Rialto's  Two  From  W.  B. 

The  Rialto  has  booked  two  Warner 
features  for  early  showings.  They 
are  "College  Coach"  and  "The  Ken- 
nel Murder  Case." 


Marconi  to  Be  Guest 
At  Studio  Luncheon 

Los  Angeles,  Oct.  19. — Guglielmo 
Marconi,  who  arrived  on  the  coast 
today,  will  be  guest  at  a  luncheon 
in  the  Radio  studio  tomorrow.  The 
heads  of  each  studio  have  been  in- 
vited to  participate  in  the  welcome 
to  the  scientist.  In  the  evening  he 
will  be  the  guest  of  Governor  Rolph 
and  Mayor  Shaw  at  the  Biltmore 
Hotel  here. 


Para.  Signs  Sally  Rand 

Philadelphia,  Oct.  19. — Sally 
Rand  has  signed  a  contract  with  Par- 
amount for  two  pictures,  the  deal  be- 
ing signatured  here  by  Earle  Swi- 
gart,  exchange  manager  acting  for 
the  company.  "Bolero"  will  be  her 
first  assignment.  The  fan  dancer  con- 
templates making  a  tour  of  several 
weeks  before  heading  for  Hollywood. 


Nate  Blumherg  Here 

Nate  Blumberg,  theatre  operator  for 
RKO  in  the  Middle  West,  is  in  town 
from  Chicago. 


miinmuiMimtii 


Every  Issue  Shows  Loss 

Net 

Hi?h  Low  Close  Change 

Columbia    Pictures,    vtc 19  19  19  —1 

Consolidated    Film   Industries 3%  3  3  —'A 

Consolidated   Film    Industries,   pfd 854         8  8  —  Vi 

Eastman    Kodak    7VA  69  69  —VA 

Fox  Film  "A" UVs  UVs.  \2i/i  —\yi 

I>oew's,    Inc 277^  25^  25^  —3 

Paramount   Publix  Wt  ^'A  Wa  —  Vs 

Pathe   Exchange    I'/s  1  1/4  

Pathe  Exchange  "A" 8  7^  &  —  '/g 

RKO   2!4  2  2  —  '/i 

Warner  Bros 6ii  554  6  —  ^ 

Technicolor  Slumps  One  Quarter 

Net 
High      Low      Close     Clumge 

Tc-chnicolor    11  10'4        11  —'A 

Trans   Lux    IH  IM  154    ^   

Bonds  Follow  Stocks  in  Slump 

Net 

High  Low  Close  Change 

Keith   B.   F.  6s  '46 44.V^        4454  445,^  —'A 

Loew's  6s  '41.  ww  deb  rights 84^        84'/^  84ii  —  A 

Paramount  Broadway  S'/5s  '51 291/^        2&A  28A  —V/z 

Paramount   F    L.  6s  '47 29'/^        29  29  —Wf. 

Paramount   Puhlix  5'/^s  '50 30  .30  30  —1^ 

Pathe  7s  '.17.  WW 80  80  80  —2 

Warner   Bros.   6s   '39.    wd 41!4        39  40  —1^ 


Sales 

100 

400 

700 

2,400 

1.200 

8,600 

\.m, 

1,300 


400 
18,600 


Sales 

2.500 
100 


Sales 

2 
2 
6 
10 
10 
2 
57 


i  Purely 
Personal  ► 


ARTHUR  Schwartz,  attorney  for 
Chesterfield  and  Invincible,  is 
back  with  something  approaching  a 
record  for  code  attendance  in  Wash- 
ington. Schwartz  remained  right 
through  all  of  the  sessions  from  the 
public  hearings  clear  down  the  line, 
not  only  on  behalf  of  his  own  com- 
panies, but  as  general  "watchtower" 
man  for  all  independents. 

Francis  Halliday  will  play  oppo- 
site Ernest  Tkuex  in  "Mister 
Adams,"  which  Educational  places 
in  production  today  at  the  Eastern 
Service    Studios. 

Archie  Mayo,  who  has  been  spend- 
ing a  short  vacation  in  New  York, 
returns  to  Hollywood  next  week  to 
begin  work  on  Warners'  "Blood  of 
China." 

McElbert,  Lowell  Brentano  and 
Earle  Crooker  have  sold  film  rights 
to  their  play,  "Murder  in  the  Air," 
to    Connors-Arnaud. 

George  Burns,  Gracie  Allen, 
Shipwreck  Kelly  and  Sam  Jaffe 
are  on  their  way  to  the  coast  to  work 
in  Paramount  films. 

Eddie  Golden,  who  was  quite  sick 
in  the  final  days  of  the  code  siege  at 
Washington,  is  entirely  on  the  up-and- 
up  again. 

Bill  Wolf,  Erpi's  advertising  man- 
ager, attended  the  A.M.P.A.  yester- 
day with  Walter  Eberhardt. 

Paul  Muni  will  fly  to  New  York 
for  the  opening  of  "The  World 
Changes"    next    Wednesday. 

Earle  Swigart,  Paramount  Phil- 
adelphia exchange  manager,  was  in 
town    yesterday. 

Hal  Horne  leaves  on  his  semi- 
annual trip  to  the  coast  next  month. 

Harry  Gribben  has  started  work  in 
a  new  "Big  V"  Vitaphone  short. 

Lenore  Ulric  hps  been  signed  to  a 
term  contract  by  Radio. 

Sam  Dembow  declares  he's  feeling 
entirely  fit  again. 

Cyril  Chadwick  is  in  town  from 
the  west  coast. 


Al  Selig  Joins  Warners 

Al  Selig  has  been  added  to  the 
Warner  advertising  and  publicity  de- 
partment by  S.  Charles  Einfeld  as  a 
snecial  exploitation  man  to  handle 
"Footlight  Parade"  and  "The  World 
Changes."  Selig's  first  assignment 
will  be  the  handling  of  "Footlight 
Parade"  at  the  State  in  Detroit. 


Bachmann  to  Produce  12 

J.  G.  Bachmann  is  in  town  from 
the  coast  and  plans  to  produce  12 
pictures  for  the  independent  market. 
Financing  arrangements  are  expected 
to  be  completed  by  Saturday  when 
Bachmann  is  slated  to  return  to 
Hollywood. 


NEWS  OF  WEEK 
IN  PHOTO-REVIEW 


r.^^f'h 


MM\ 


/, 


.^ 


WARNER  STUDIO  CLEARS 
DECKS  for  simultaneous  shoot- 
ing of  8  more  new  shows,  on  heels 
of  record  production  drive  which 
crowded  exchange  vaults  with 
12  new  unreleased  attractions! 


l&fi 


»4 


II. <    ,r 


IL.  Jt 


■  i*_ 


"ANOTHER  SUCCESS 

for  Miss  Stanwyck" 
{Daily  News) ;  '  'never 
made  a  picture  like  it" 
{Daily  Mirror) ; '  'make 
extra  special  effort  to 
see  her"  {World-Tele- 
gram) sums  up  New 
York's  outburst  of 
praise  for  "Ever  in 
My  Heart."* 

CHATTERTON  TO 
HIT  BROADWAY 
SOON  in  daring  man- 
hunting  role  in  "Fe- 
male, ' '  which  Variety 
Dat7i/predicts  "should 
click  in  all  spots".  ° 


9  A.  M.  LINE  at  Stanley,  Pittsburgh  gets 
"Footlight  Parade"  latest  bigger -than - 
Gold -Diggers  opening,  while  Variety  tags 
key -spot  runs  as  "socko  holdover,"  New 
York ;  "big,  "Newark ;  "swell, "  New  Haven.  * 


X- 


•4 


IMPORTANCE  OF  FIRST 
MUNI  SHOW  since 
"Fugitive"  inspires  new 
policy  of  popular  price 
specials  at  Hollywood 
Theatre  for  next  week's 
Broadway  opening  of 
"The  World  Changes"." 


■-  J. 


DICK  POWELL  MAKES 
GOOD  in  first  dramatic 
role  opposite  Ann 
Dvorak  and  Pat  O'Brien 
in  "College  Coach, "  sen- 
sationally different  foot- 
ball story  which  debuts 
next  week.* 


"HAVANA  WIDOWS""- 
ARRIVES  at  Warner 
home  office  with  "wagon"- 
load  of  laughs  on  same 
day  studio  completes 
Cagney ' s  "The  Finger 
Man"*  and  "The  Big 
Shakedown"." 


*A  Warnar  Bros.  Picture     f  A  First  National  Picture     Vitagrapfi,  Inc.,  Distributors 


MOTION  PICTURE 

DAILY 


Friday,  October  20,    1933 


Code  Delayed 
For  Additional 
Conferences 


(.Coiititiiicd  from  pane  1) 

Rifkin,  manager  of  the  Boston  Mono- 
gram  exchange. 

A  report  on  the  code  from  the  Con- 
sumers' Advisory  Board  is  expected 
to  be  submitted  to  the  deputy  late 
tomorrow.  When  the  report  of  the 
Industrial  Advisory  Board  will  be  re- 
ceived is  still  problematical,  but  in- 
dications tonight  are  that  the  code 
will  not  be  sent  along  to  Administra- 
tor Johnson   until   next   week. 

Asked  again  about  salary  control 
within  the  industry,  General  Johnson 
tonight  told  newspaper  men  he  had 
nothing  new  to  say  on  the  subject.  It 
was  explained  by  Rosenblatt  that  the 
clause  fixing  penalties  for  producers 
is  in  no  sense  an  attempt  at  limitation 
of  salaries,  but  is  a  punishment  for 
the  skyrocketing  of  salaries  as  an  in- 
ducement to  talent  to  leave  the  em- 
ploy of  a   producer. 

There  appears  to  be  considerable 
confusion  as  to  just  how  far  the  pen- 
alty clause  goes,  but  it  is  apparently 
not  the  intention  of  the  Recovery  Ad- 
ministration to  attempt  the  fixing  of 
maximum  salaries,  but  to  end  the 
widespread  practice  of  taking  em- 
ployes away  from  a  competitor  by 
ofifering  them  heavily  increased  sal- 
aries. It  is  also  pointed  out  that  there 
is  nothing  in  the  code  to  pre- 
vent a  producer  from  increasing  the 
salaries  of  his  own  employees  as  much 
as  he  desires. 

Jacob  Schechter,  attorney  for  the 
independents,  late  tonight  issued  the 
following  statement  after  a  meeting 
with  Rosenblatt : 

"A  perusal  of  the  third  revision  of 
the  code  indicates  that  some  effort 
has  been  made  to  meet  a  few  of  the 
objections  to  the  prior  revision  which 
were  made  in  our  analysis  and  sug- 
gestions. In  the  main,  however,  our 
suggestions  have  either  been  ignored 
or  inadequately  dealt  with.  We  stand 
firmly  upon  the  point  raised  in  our 
analysis  and  suggestions,  as  we  be- 
lieve them  to  be  fair,  reasonable  and 
equitable.  Only  through  adoption  in 
the  code  of  our  suggestions  may  the 
independents   hope   to   survive." 


Schenck  and  Goldwyn 
Move  Interests  Coast 

HoLLV\\{K)i>  Oct.  19. — Sharp  dis- 
agreement on  views  expressed  by 
major  executives  at  the  Washington 
code  hearings,  as  voiced  by  Joseph  M. 
Schenck  and  Samuel  Goldwyn  late 
Wednesday  night,  continued  to  cap- 
ture the  attention  of  Hollywood  to- 
day as  members  of  the  film  colony 
had  a  full  day  to  reflect  on  what  these 
two  topline  producing  factors  had  to 
say. 


Southeastern  Asks 
Others  to  Sessions 

(Continued  from  pane  1) 

and  South  Carolina  Theatre  Owners' 
Ass'n.  to  attend  the  annual  convention 
of  Southeastern  on  Oct.  29-31. 


Memphls,  Oct.  19. — The  annual  con- 
vention of  Tri-State  Theatre  Owners' 
Ass'n.  will  be  held  here  at  the  Hotel 
Chisca  Oct.  22-23. 


Atlanta  Sees 
No  Increases 
In  the  Offing 


(Continued  from  paae  1) 

remain  25  cents  matinees  and  40  cents 
evenings,  and  those  of  the  Georgia 
will  be  15  cents  matinees  and  25  cents 
nights,  with  15  cents  to  the  balcony  at 
all  times. 

Loew's  Grand  will  probably  continue 
at  25  and  40  cents,  with  M-G-M  and 
United  .Artists  pictures  being  shown 
exclusively.  No  statement  can  be  made 
from  here  regarding  price  policy,  these 
having  to  come  from  New  York. 

A  half  dozen  suburban  houses  will 
continue  prices  ranging  from  15  cents 
to  25  cents,  and  the  Rialto,  a  Class  B 
house,  with  Columbia  as  its  only  major 
product,  will  continue  its  15-cent  and 
20-cent  matinee  scale  and  IS  and  25 
cents  at  night. 


Irvington  Studios 
Increase  Schedules 

Increased  producion  at  the  Photo- 
color  studios  at  Irvington  is  seen  with 
the  sciiedule  just  released  which  calls 
for  three  series  of  13  one-reelers, 
"Vagabond,"  "Musical"  and  "Poems 
and  Songs."  These  will  be  produced 
by  Photocolor  Productions,  Inc.,  and 
directed  by  William  Shilling,  under 
the  supervision  of  F.  E.  Nemec,  gen- 
eral manager. 

"The  .Stool  Pigeon"  is  now  being 
completed  there  under  the  direction  of 
Oscar  Micheau. 


Extras  Make  a  Deal 
For  Joining  Guild 

Hollywood,  Oct.  19. — A  group 
representing  extras  has  reached  a  ten- 
tative agreement  with  the  Actors' 
Guild  for  joining  the  new  organiza- 
tion. Absorption  of  the  extras  follow- 
ing a  mass  meeting  to  be  held  to- 
night will  raise  the  guild  membership 
to  about  2,500. 


Casting  Men  Meet 
To  Help  Out  Extras 

Hollywood.  Oct.  19. — Studio  cast- 
ing directors  met  today  to  draft  reso- 
lutions to  submit  to  producers  in  an 
effort  to  better  general  casting  con- 
ditions. One  of  their  aims  is  to  have 
all  calls  for  extras  filled  through  the 
Central    Casting   Agency. 


Cantor  Film  Finished 

Hollywood,  Oct.  19. — Eddie  Ca.n- 
tor's  "Roman  .Scandals"  for  Samuel 
Goldwyn  has  been  completed  and  the 
star  will  leave  for  New  York  imme- 
diately  after   the  preview   next   week. 


Wants  Name  Changed 

Hollywood.  Oct.  19. — Joan  Blon- 
dell  appeared  before  Jack  Warner 
today  asking  permission  to  change 
her  name  to  Joan  Barnes,  but  met 
with  a  refusal.  The  star  is  said  to 
be  talking  the  matter  over  with  her 
attorney. 


Colonel  Mae  West 

It's  Colonel  Mae  West  now.  Yes- 
terday the  Paramount  star  was  ap- 
pointed a  colonel  on  Governor  Ruby 
Laffoon's   staff  of   Kentucky   colonels. 


i\Iany  Reopenings 
Mark  K.  C.  Pickup 


(Continued  from  page   1) 

Kansas  wheat  farmers  in  exchange  for 
acreage  reduction. 

More  than  $1,500,000  has  been  dis- 
tributed to  hog  producers  in  the  Kan- 
sas City  trade  territory  since  Aug.  23 
as  a  result  of  the  government  hog  re- 
duction   program. 

The  state  of  Missouri's  share  in  the 
government's  public  works  fund  will 
approximate  $125,000,000.  This  will 
provide  work  for  thousands  in  state, 
county   and   municipal   projects. 

Retail  department  store  sales  in 
Kansas  City  and  the  10th  Federal 
Reserve  District  are  showing  the 
greatest  gains  in  dollar  volume  in 
recent  years,  according  to  the  Kansas 
City  Federal  Reserve  Bank. 

An  NRA  survey  showed  10,744  Kan- 
sas City  firms  estimated  total  payrolls 
increased  by  $1,014,323  on  Oct.  1,  as 
compared  with  preceding  month,  and 
10,387  more  employes  were  on  pay- 
rolls than  on  July   1. 

Construction  of  county  courts  build- 
ing and  $4,500,000  convention  hall, 
soon  to  begin,  will  absorb  hundreds  of 
unemployed  in  Kansas  City. 

Automobile  registrations  in  Kansas 
this  year  is  running  ahead  of  1932 
with  7j040  more  vehicles  listed  than 
a  year  ago. 

The  banking  situation  in  Kansas 
City  has  returned  to  near  normal  with 
only  one  major  depository  remaining 
"frozen."  One  laxge  bank,  recently 
reorganized,  has  released  to  customers 
nearly  $12,000,000  of  deposits. 


Argentine  Embargo 
Effect  Stirs  Worry 

(Continued  from  page   1) 

which  now  cannot  be  remitted  to 
them.  Any  reliable  estimate  of  the 
amount  of  American  film  funds  tied 
up  by  the  Argentine  order  is  impos- 
sible at  this  time.  Major  Herron 
said,  because  of  the  fact  that  a  num- 
ber of  the  distributors  operate  in  the 
South  American  country  through 
foreign  agencies,  and  not  their  own 
offices. 

Argentina  is  the  27th  nation  to  en- 
force a  money  embargo. 


Flash  Opening  Set 
On  ''World  Changes" 

Warners  will  end  the  run  of  "Ever 
in  My  Heart"  at  the  Hollywood  Sun- 
day night  to  get  the  house  ready  for 
an  elaborate  opening  of  "The  World 
Changes,"  latest  Paul  Muni  starring 
vehicle,  next  Wednesday. 

Because  the  story  covers  four  gen- 
erations of  an  American  family,  the 
lobby  will  have  a  miniature  Century 
of  Progress  exposition  with  telegraph 
in.struments,  old  and  new ;  paintings  of 
Indians  sending  smoke  screens  and  a 
collection  of  old  and  new  automobiles. 
The  front  will  be  done  in  copper  and 
black.  A  T.A.T.  plane  will  tow  four 
gliders  lighted  with  Neon  signs  over 
Broadway. 


Larry  Williams  Returns 

Larry  Williams  returned  yesterday 
on  the  Berengaria  from  London,  where 
he  photographed  London  street  scenes 
to  be  used  in  "The  Great  Adventure," 
being  produced  at  the  Easern  Service 
Studios  by  Eddie  Dowling,  Inc. 

These  new  shots  will  be  inserted  by 
a  new  transparency  equipment  process. 


Quigley  Urges 
^^Ad"  Code  Be 
Given  Meaning 


(Continued  from  page   1) 

code  has  given  them.  Failing  to  do 
so,  he  said,  the  organization's  duties 
would  be  taken  over  by  others  with  a 
conse(|ueiit  loss  ot  prestige  to  the  asso- 
ciation and  its  members. 

Specific  reference  was  made  to  the 
paragraph  in  the  advertising  code  of 
ethics  which  states  that  "Nudity  with 
meretricious  purpose,  and  salacious 
postures,  shall  not  be  used." 

"There  is  no  proper  use  of  nudity 
in  advertising  a  commodity,"  the  pub- 
lisher said.  "Nudity  can  only  be  used 
for  one  purpose.  This  organization 
should  rewrite  that  clause  to  make  it 
mean   something." 

Points   Opportunity 

He  expressed  regret  that  the  A.  M. 
P.  A.  had  not  participated  in  the 
Washington  code  conferences,  but 
pointed  out  that  with  the  inclusion  in 
the  NRA  code  of  the  clause  pledging 
the  industry  to  "maintain  the  best 
standards  of  advertising  and  publicity 
procedure"  and  adhere  to  regulations 
developed  by  the  industry,  A.  M.  P.  A. 
members  were  given  a  new  oppor- 
tunity and  responsibility. 

Officers  of  the  organization  refuted 
charges  made  by  members  of  the  Co- 
lumbia advertising  and  publicity  de- 
partment in  a  letter  to  John  C.  Flinn, 
A.  M.  P.  A.  president,  that  the  or- 
ganization was  "wanting  in  useful- 
ness" and  was  deteriorating  from 
original  purposes  in  admitting  to  mem- 
bership others  than  active  advertising 
and  publicity  men. 

Monroe  Greenthal,  chairman  of  the 
organization's  unemployment  commit- 
tee, championed  its  usefulness  with  a 
report  that  employment  had  been  ob- 
tained for  74  members  during  the  year, 
while  Hal  Home,  forrner  A.  M.  P.  A. 
president,  presented  an  analysis  of 
membership  which  disclosed  that  of  a 
total  of  147  members,  100  were  ac- 
credited advertising  and  publicity  men. 
Of  the  remainder,  24  were  press  rep- 
resentatives ;  six  were  artists ;  eight 
were  mechanical,  and  nine  were  "lay" 
members. 

Lou  Goldberg,  one  of  the  signers  of 
the  Columbia  letter,  declined  Flinn's 
invitation  to  reply  to  these  statements. 
Goldberg  declared  later,  however,  that 
he  still  was  dissatisfied  and  would 
head  a  delegation  which  would  pre- 
sent Flinn  with  definite  recommenda- 
tions which,  he  says,  would  benefit  the 
A.M.P.A. 


(t 


Angel"  Packs  Three 
Theatres  in  Houston 

(Continued  from  page  1) 

figures  represent  an  all-time  record 
locally  for  attendance  at  one  film  for 
a  preview,  and  it  was  the  first  time 
one  film  had  ever  been  shown  here  at 
three  theatres   at   one  time. 

Originally  scheduled  for  the  Ma- 
jestic, the  picture  was  posted  for  the 
Kirby  also  when  advance  sales  de- 
manded a  second  showing.  At  11  P. 
M.  both  these  houses  were  sold  out, 
and  the  demand  for  more  tickets  was 
so  great  that  a  third  print  of  the  film 
was  opened  at  the  Metropolitan  at 
11:45  P.M. 

The  picture  opens  at  the  Metropoli- 
tan for  a  week  next  Saturday. 


The  Leading 
Daily 

Newspaper 
of  the* 
Motion 


L 


Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to» 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  95 


NEW  YORK,  SATURDAY,  OCTOBER  21,  1933 


TEN  CENTS 


Justice  Dept. 

Hears  Deputy 

On  the  Code 


Salaries   Discussed   with 
Rosenblatt,  Is  Belief 


Washington,  Oct.  20. — Provisions 
of  the  film  code  today  were  discussed 
by  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  with  officials  of  the 
anti-trust  division  of  the  Justice  De- 
partment for  some  two  hours,  giving 
rise  to  reports  that  the  Recovery  Ad- 
ministration is  anxious  that  any 
clauses  which  might  at  any  time 
threaten  court  action  shall  be  fully 
satisfactory  to  the  law-enforcing 
branch  of  the  government. 

No  information  was  available  as  to 
the  subjects  discussed,  but  in  view 
of  the  knowledge  that  Attorney  Gen- 
eral Homer  Cummings  has  submitted 

(Continued  on  paae  3) 


MPTOA  Seeks  More 
Revisions  of  Code 

The  M.P.T.O.A.  continues  to  find 
the  proposed  industry  code  not  en- 
tirely to  its  liking  and  is  understood 
to  have  recommended  further  re- 
visions to  Deputy  NRA  Administra- 
tor Sol  A.  Rosenblatt. 

The  recon-)mendations  developed  out 
of  a  meeting  held  in  New  York  by 
Ed  Kuykendall  and  Fred  Meyer  and 
have  been  forwarded  to  the  deputy  in 
Washington. 


Allied  Seeking  Big 
Turnout  at  Chicago 

Washington,  Oct.  20.^ — Allied  is 
making  a  drive  to  get  a  big  turnout 
of  exhibitors  at  the  Chicago  meeting 
next  Tuesday  by  urging  regional  lead- 
ers to  induce  non-member  independ- 
ents to  attend. 

Leaders  are  also  urging  regional 
units    to    get    their    members    to    read 

(.Continued  oti   page   3) 


Poll  Theatres  Sold 
On  $2,226,000  Bid 

Hartford,  Oct.  20. — Eighteen  houses 
in  the  Fox  Poli  circuit  were  sold 
today  at  auction  to  W.  F.  B.  Rogers 
and  John  A.  McNaughton,  New  York 
attorneys,  representing  Halsey,  Stuart 
&  Co.,  as  part  of  a  reorganization 
plan.  The  same  men  on  Monday 
(Continued  on  pape  2) 


Plans  for  Reorganizing 
Paramount  Coming  Soon 


Monogram  to 
Tip  Budgets 
Up  by  100% 


w 

dent, 


Ray  Johnston,  Monogram  presi- 
has  called  a  meeting  of  all 
Monogram  fran- 
chise holders  for 
next  Wednesday 
at  the  Hotel  Stat- 
ler  in  Cleveland 
to  discuss  a  100 
per  cent  budget 
increase  on  fea- 
tures, with  all 
specials  to  be 
given  a  minimum 
of  $100,000. 

Proposed       in- 
creases are  a  re- 
sult     of      sales 
reports     to     date, 
Johnston      says. 
Quotas  have  been 
so    far    exceeded 
on  the   first   five  features   released  on 
the    1933-34    program,    he    says,    that 
both  he  and  Trem  Carr,  vice-president 
(Continued  on   t>aae  4) 


\V.    Ray  Johnston 


"U''  European 
Films  Still 
Up:  Laemmle 


Universal's  plans  to  produce  both  in 
England  and  France,  while  not  con- 
cluded by  Carl 
Laemmle  prior  to 
his  return  from 
abroad  yesterday, 
are  still  under 
consideration  and 
may  materialize 
in  the  near  fu- 
ture, the  Univer- 
sal president  said 
on  his  arrival  in 
New  York. 

Laemmle  re- 
ported a  wide  in- 
terest abroad  ir 
NRA  activities 
here. 

"Europe      is 
watching  the  Na- 
tional    Recovery     procedure     like     a 
hawk,"   he   said.    "Everywhere   people 
are  discussing  it  and  everyone  I   met 

(Continued  on   pane  4) 


Carl    Laeninil 


MOTION  PICTURE  DAILYS 
HOLLYWOOD  PREVIEW 

"The  Prizefighter  and  the  Lady" 

(M-G-M) 

Hollywood,  Oct.  20. — Just  as  Mae  West  flamed  across  the  screen  in 
one  picture,  so,  potentially,  looms  the  new  personality  attraction,  Max 
Baer,  as  revealed  in  M-G-M's  "The  Prizefighter  and  the  Lady,"  his 
first. 

The  mugg  can  act — even  has  pathos,  even  dances — handles  himself 
with  ease  and  poise,  even  charm,  with  the  girls  completely  unanimous 
about  that  great  Baer  chassis.  Of  definite  appeal  to  women,  the  pro- 
duction brims  with  heart-tugging  romance,  while  a  thrilling  ring  battle 
with  Primo  Camera,  refereed  by  Jack  Dempsey,  will  have  the  men  at 
fever  pitch. 

Cast  names  with  Myrna  Loy,  Otto  Kruger,  Walter  Huston  and  Vince 
Barnett  are  fine.    Direction  is  swell. 

The  production  is  primed  with  speed,  timed  with  laughter,  and  de- 
livers two  necessary  haymakers.  Entertainment  sock  and  box-office 
K.  O.  Should  Baer  win  over  Camera  in  a  real  world's  championship 
battle,  the  production  might  easily  be  one  of  the  season's  big  smashes. 


Sir      William     Wiseman 

Says  Operations  Have 

Been  Satisfactory 


A  reorganization  plan  for  Para- 
mount Publix,  looking  toward  the 
discharge  of  the  company's  bank- 
ruptcy, is  in  process  and  will  be  pre- 
sented to  creditors'  and  security  hold- 
ers' committees  as  "soon  as  prac- 
ticable," Sir  William  Wiseman  of 
Kuhn,  Loeb  &  Co.,  former  member  of 
the  Paramount  finance  committee, 
stated   yesterday. 

"Further  progress  in  straightening 
out  the  company's  affairs  must  be 
made  before  a  comprehensive  reorgan- 
ization plan  for  the  entire  Paramount 
Publix  enterprise  can  be  definitely 
worked  out  and  submitted,"  he  said, 
adding  that  the  operating  results,  par- 
ticularly during  the  last  few  months, 
"have  been  sufficiently  encouraging  to 
warrant  the  belief  that  it  should  be 
possible  to  effect  the  reorganization 
within  a  reasonable,  time." 

The  reorganization  plan  referred  to 
in  the  Wiseman  statement  is  under- 
(Continued  on  page  3) 


"Angel"  Breaks  95 
Week  Para.  Record 

Chalking  up  the  largest  gross  in  95 
weeks,  Mae  West's  "Pm  No  Angel" 
garnered  $83,400  at  the  New  York 
Paramount  for  the  week  ending 
Thursday  night.  With  six  shows  a 
day,  184,000  patrons  paid  their  way 
in. 

The  first  program  to  top  this  in- 
take,   according   to    Motion    Picture 

(Continued  on   page   3) 


RKO  Farewell  Dinner 
To  Franlclin  Oct,  25 

Harold  B.  Franklin,  who  retired 
as  head  of  RKO  theatre  operations 
last  week,  will  be  honored  by  RKO 
theatre  and  film  executives  at  a  tes- 
timonial dinner  Wednesday  night  at 
the  Hotel  Waldorf-Astoria,  New 
York.  Some  35  officers  of  the  com- 
pany  will   participate. 


Thompson,  Blumherg 
In  Line  for  RKO  Job 

Choice  of  a  successor  to  Harold  B. 
Franklin  as  operating  head  of  RKO 
theatres    yesterday    was    reported    to 

(Continued  on   pane  4) 


MOTION  PICTURE 

DAILY 


Saturday,  October  21,    1933 


MOTION  PICTURE 

DAILY 

Registered   U.   S.   Patent  Office 

Formerly    Exhibitors    Dailv    Review 

and    Motion    Pictures    Today 


Vol. 


October  21,    1933 


No.  95 


Martin   Quigley 
Editor-in-Chief   and   Publisher 

MAURICE  KANN 
Editor 

JAMES  A.  CRON 
Advertising  Manager 


^^W\  PUBLISHED  daily,  except  Sunday 
/^  jj  J  and  holidays,  by  Motion  Picture 
N^^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edzvin  S.  Clifford. 
^lanager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre.  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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:  Canada  and  foreign 
$15.      Single   copies:    10    cents. 


vNRA. 


Mayo  Averts  Fire 

Serious  damage  to  the  Palace  mar- 
quee was  averted  yesterday  afternoon 
by  Frank  Mayo  when  a  fuse  box 
caught  on  fire.  Ushers  and  the  mana- 
ager  tried  to  extinguish  the  blaze,  but 
it  took  Mayo  to  run  to  the  basement 
and  turn  off  the  electric  switch.  He 
was  superinteindent  of  the  house  for 
15   j'ears   and   was   recently   let  out. 


Arcturus  Sound  Starts 

Recording  of  the  first  of  the  series 
of  18  travelogues  made  in  the  Medi- 
terranean by  F.  Herrick  Herrick  has 
been  begun  by  Arcturus  Pictures 
Corp.,  which  is  headed  by  James 
Boring,  travel  expert.  Cineglow 
sound   is  being  used. 


Reeves  Recording  Three 

Re-recording  is  under  way  at  Reeves 
Sound  Studios  for  the  Mexican  pic- 
ture, "La  Noche  Del  Pecado,"  for 
Columbia ;  "The  Daughter  of  the  Reg- 
iment," for  B.  Bogeaus  Pictures,  and 
"The  Quest  of  the  Perfect  Woman," 
for  Tom  Terriss. 


Edwin  Loeb  Leaves 

Edwin  J.  Loeb,  attorney  for  the 
Ass'n  of  M.  P.  Producers,  Hollywood, 
as  well  as  a  number  of  major  Coast 
studios,  left  for  Hollywood  yesterday 
afternoon.  He  attended  all  of  the 
code  hearings  in  Washington. 


Fox  Signs  Patterson 

Russell  Patterson,  newspaper  and 
magazine  illustrator,  has  been  signed 
by  Fox  to  design  the  sets  and  cos- 
tumes for  the  forthcoming  "Fox" 
Movietone  Follies."  Patterson  leaves 
for   the   coast   by   plane   next   week. 


Loney  Haskell  Dead 

Loney  Haskell,  the  monologist,  died 
suddenly  yesterday  in  the  headquar- 
ters of  the  Jewish  Theatrical  Guild,  of 
which  he  was  executive  secretary,  in 
the  Bond  Building  here.  He  was  in 
his  64th  year. 


Big  Salaries 
In  All  Lines 
May  Be  Taxed 


Washington,  Oct.  20. — High  sal- 
aries generally,  both  outside  and  inside 
the  film  industry,  may  be  reached  by 
taxation  under  new  legislation,  if  a 
movement  said  to  have  been  initiated 
by  the  President  goes  through. 

Attorney  General  Homer  S.  Cum- 
mings  has  sent  a  letter  to  the  White 
House  outlining  various  methods  by 
which  restrictions  can  be  applied.  The 
current  Hollywood  excitement  and  the 
generally  disturbed  feeling  among  ex- 
ecutives, it  thus  develops,  is  only  one 
phase  of  a  condition  which  applies  as 
well  to  railroads,  steel,  banking  and 
other  major  industries. 

Various  investigations  showing  huge 
salaries  and  the  payment  of  bonuses 
are  said  to  have  convinced  the  Presi- 
dent that  social  implications  are  in- 
volved and  that  something  should  be 
done  for  the  protection  of  stockhold- 
ers. 

It  is  understood  that  one  of  the  At- 
torney General's  recommendations  was 
that  heavy  tax  levies  be  put  on  cor- 
porations paying  large  salaries, 
bonuses  or  commissions  to  executives. 
What  other  recommendations  will  de- 
velop as  a  result  of  the  investigations 
of  the  Federal  Trade  Commission  and 
other  Federal  agencies  before  the  next 
session  of  Congress  remain  to  be 
seen. 


Schenck  on  Coast  Trip 

Nicholas  M.  Schenck  is  scheduled 
to  leave  New  York  for  Hollywood  on 
Sunday.  E.  B.  Hatrick,  general  man- 
ager of  William  Randolph  Heart's 
film  interests,  will  accompany  him. 


Kent  Sails  Wednesday 

S.  R.  Kent,  president  of  Fox,  sails 
for  Europe  on  Wednesday,  according 
to    present   plans. 


Florence  Lake  Weds 

Chicago,  Oct.  20. — -Florence  Lake 
was  married  here  yesterday  to  Jack 
Good,   stage  dancer. 


Another  Upset 

The  industry's  upset  again! 
First  it  was  the  code,  then 
the  right  to  buy.  Even  dual 
features  started  an  argu- 
ment, followed  by  talk  of  sal- 
ary slashes.  Now  Joan  Blon- 
dell  wants  to  change  her 
name  to   Barnes. 

The  Warner  publicity  de- 
partment says  she  "issued  an 
edict" — or,  maybe,  it  was  a 
ukase. 

Anyway,  industry  figures 
are  being  asked  for  their 
opinions,  but  up  to  press  time 
it  was  still  Blondell  on  the 
marquees. 


Poli  Theatres  Sold 
On  $2,226,000  Bid 


(.Continued   from   pafie    1) 

purchased  $3,326,000  worth  of  first 
mortgage  bonds  of  the  circuit  for 
$650,000.  Sale  of  14  Connecticut  the- 
atres was  held  here  while  the  four 
Massachusetts  houses  were  auctioned 
off  at  Springfield. 

Prices  paid  for  the  14  houses  was 
$2,226,000  and  included  two  theatres 
in  Waterbury,  two  in  Bridgeport, 
three  in  New  Haven  and  several  in 
smaller  cities.  The  sale  was  con- 
ducted by  Special  Master  Thomas  J. 
Spellacy. 

Eastern  Theatres  Corp.  is  under- 
writing the  purchase  of  the  houses. 
Poli-New  England  circuit  has  been 
formed  to  operate  the  theatres.  It  is 
understood  Sylvester  Z.  Poli,  former 
owner  of  the  circuit,  will  return  to 
exhibition  when  the  theatres  are 
turned  over  to  the  new  circuit  be- 
tween Nov.  1  and  Nov.  15.  Louis 
F.  Sagal,  Poll's  son-in-law,  now 
operating  the  houses  for  the  receivers, 
will  take  an  active  part  in  the  reorgan- 
ized circuit. 


Marconi  Feted  on  Coast 

Hollywood.  Oct.  20. — Guglielmo 
Marconi  today  was  tendered  an  in- 
formal luncheon  at  the  Radio  studios 
with  250  players  and  executives  of 
all  studios  attending.  Dr.  A.  H. 
Giannini  and  the  Italian  consul  acted 
as  contact  between  the  guests  and 
hosts.      No   speeches   were   allowed. 


Universal  Pfd.  Off  Two  and  Three-Quariers 


Columbia   Pictures, 
Consolidated    Film 


High 

vtc 2054 

Industries 3 


Consolidated    Film   Industries,   pfd S'A 

Eastman    Kodak    70"/^ 

Fox    Film    "A" U'A 

Ix)ew's,    Inc.  27'A 

Paramount   Publix   If^ 

I'aihe    Exchange    154 

Pathe     Exchange    "A" SVg 

RKO    2% 

Universal    Pictures,    pfd 20K 

Warner    Bros (t'A 


L.ow 

19M 

3 

8 
6S'A 
13 
25 

VA 
7M 
2 

20  J4 

5-5^ 


Close 

20% 

3 

8 
69^ 
1354 
265/g 

VA 
154 
7% 
2-A 

2VA 
6 


Net 
Change 

+1J4 


+  H 
+  % 


-  % 
-VA 


Sales 

300 
200 
1,600 
2.300 
700 
7,900 
1.700 
1,300 
1,000 
1.200 
1,000 
18,100 


Technicolor  Gains  One  Point 


Hi^h      Low 

Technicolor     12!4        lOM 

Trans    Lux     l-H  IH 


Net 

Close      Change  Sales 

12            -hi  4,900 

15^  "^     -^  'A  600 


Warner  Bros.  Rises  One  Point 


General  Theatre  Equipment  6s  '40. 

Keith    13.    F.    6s    '46 

"Loew's   6s    '41,   ww   deb   rights 

Paramount    Broadway    S'/as    '51 

Paramount    F.     L.    6s    '47 

Paramount    Publix    5i/2S    '50 

Warner    Hros.    6s    '39,    wd 


Hi?h 

.      4H 

.  44 

.  85 

.  29 

.  29 

.  29 

.  397^ 


Low 

4^ 
44 
84^ 
29 
28^4 
29 
385^ 


Close 

44 
85 
29 
29 
29 
39'A 


Net 
Change 

-  5? 

—  iA 
+  K 


—1 

+1 


Sales 

2 

1 
4 
1 
6 
5 
10! 


A  Purely 
Personal  ► 


FRANCES  WILLIAMS,  musical 
comedy  star,  who  plays  in"  Broad- 
way Thru  a  Keyhole,"  arrives  in  New 
York  from  the  coast  by  plane  today. 

Helen  Morgan  has  been  signed  to 
work  in  a  series  of  Educational  shorts 
at  the  Eastern  Service  Studios,  the 
first    to   be    "Manhattan   Lullaby." 

Edgar  Bergen,  ventriloquist,  has 
been  signed  to  make  a  second  short 
for  Vitaphone  at  the  Brooklyn  studio. 

Jack  L.  Warner  will  arrive  in 
New  York  on  Oct.  25  to  attend  the 
opening  of   "The   World   Changes." 

Sol  Lesser,  president  of  Principal 
Distributing  Corp.,  is  on  his  way  to 
England   aboard    the    Olympic. 

Lynn  Farnol,  Samuel  Goldwyn's 
representative,  will  arrive  from  the 
coast   in  a  few  days. 


Record  Crowd  Sunday 
At  Maloney  Dinner 

Pittsburgh,  Oct.  20. — Many  prom- 
inent in  politics  and  the  amusement 
world  will  be  among  the  crowd  of  600 
which  will  gather  Sunday  night  at  the 
annual  "big  top"  banquet  of  the  Vari- 
ety Club  at  the  William  Penn  Hotel 
to  honor  John  Maloney,  the  outgoing 
president,  who  will  be  succeeded  by 
Harry  Goldstein,  Paramount  exchange 
manager  in  this  city. 

A  delegation  of  50  film  executives 
is  expected  from  New  York  especially 
for  the  occasion.  The  chief  speakers 
will  be  U.  S.  Senator  James  J.  Davis 
and  Captain  Al  Williams,  the  Army 
flier.  Thirty-five  members  of  the  Col- 
umbus (0.)  Variety  Club  will  be  on 
hand,  headed  by  Governor  White  of 
Ohio  and  Mayor  Whorley  of  Colum- 
bus. A  representation  from  West 
Virginia  will  be  led  by  Governor 
Kemp  and  ex-Governor  Conley  of  that 
state. 

Members  of  the  amusement  world 
who  will  take  part  in  the  affair  will 
be  headed  by  George  Jessel.  In  this 
group  will  be  Oliver  Wakefield,  the 
Landt  Trio  and  White,  Freda  and 
Palace,  Mary  Small,  Johnny  Woods, 
Pansy  the  Horse  and  Brown  Buddies 
Revue. 

Sunday's  turnout  will  be  the  biggest 
for  the  affair,  which  will  be  staged 
under  a  huge  tent,  as  usual. 

John  H.  Harris  is  chairman  of  the 
banquet.  The  toastmaster  will  be 
Norman  Frescott. 


Jules  Levey,  general  sales  manager 
of  Radio  Pictures,  left  for  Washing- 
ton yesterday  and  will  finish  a  week- 
end business  trip  in  Pittsburgh  where 
he  will  attend  the  Variety  Club  din- 
ner  Sunday   night. 


Radio  Closes  with  Schine 

Radio  has  closed  a  deal  for  shorts 
and  feature  product  with  the  Schine 
circuit,  operating  54  houses  in  New 
York  and  Ohio.  E.  L.  McEvoy,  east- 
ern district  manager,  handled  negotia- 
tions for  the  company,  with  the  co- 
oi)eration  of  Harry  T.  Dixon,  Buffalo 
manager,  and  Charles  K.  Halligan 
of  Albany. 


Saturday,  October  21.    1933 


MOTION  PICTURE 

DAILY 


Justice  Dept. 

Hears  Deputy 

On  the  Code 


(Continued  from  page  1) 

to  the  President  a  report  on  the  ques- 
tion of  salary  restrictions,  it  was  pre- 
sumed that  the  salary  clause  in  the 
unfair  practice  article  was  considered. 
Admitting  that  the  effect  of  the  pen- 
alty clause  may  be  "fairly  inferred" 
to  have  a  deterring  effect  upon  high 
salaries,  Rosenblatt  tonight  called  at- 
tention to  the  fact  that  there  is  no 
provision  in  the  code  for  a  salary 
board,  as  appears  to  be  believed  on 
the  coast.  It  is  not  a  fair  inference, 
however,  he  said,  that  the  clause  in 
any   way  will  determine   salaries. 

Says    Stockholders    Approve 

In  this  connection  the  deputy  ad- 
ministrator disclosed  that  he  has  re- 
ceived a  large  number  of  communi- 
cations from  stockholders  in  film  com- 
panies, approving  the  Administra- 
tion's  efforts   to   restrict   salaries. 

A  number  of  "constructive"  sug- 
gestions, some  of  which  may  result 
in  slight  changes  in  the  code,  were 
made  yesterday  by  the  independent 
exhibitors  with  whom  he  conferred 
until  the  early  hours  of  this  morning, 
Rosenblatt  said.  He  also  announced 
that  while  Abram  F.  Myers  had  been 
advised  of  the  meeting  and  some  of 
the  independents  present  had  tele- 
phonf:d  Myers  from  Rosenblatt's  of- 
fice and  asked  whether  he  wanted  to 
attend,    "they   saw   fit   not  to   attend." 

Approval  of  Rosenblatt's  action  in 
omitting  from  the  code  definite  pro- 
visions covering  a  number  of  trade 
problems  has  been  given  by  H.  H. 
Thurlby,  assistant  professor  of  in- 
dustrial management  at  Harvard  Uni- 
versity, who  was  adviser  for  the  re- 
search and  planning  division  on  the 
code.  In  a  letter  received  today  by 
the  deputy  administrator,  Thurlby 
declared : 

Backs    Self-Government 

"I  heartily  subscribe  to  the  prin- 
ciple of  self-government  on  the  part 
of  the  industry  as  expressed  in  the 
propositions  for  local  boards  and  code 
authority  review.  It  appears  to  me 
impracticable  and  unnecessary  for  the 
code  to  state  explicitly  such  stand- 
ards of  competition  as  the  'right  to 
buy'  and  thereby  raise  questions  of  a 
definitive  nature  when  the  practical 
approach  to  the  matter  is  an  analysis 
of  the  policy  or  procedure  in  a  speci- 
fic situation  which  may  be  brought 
before  a  local  board  and  reviewed  by 
a  national  board.  No  code  provision 
on  such  practices  could  be  written, 
in  my  opinion,  that  would  not  result 
in  a  serious  economic  readjustment 
of  contractual  relations.  A  possible 
lack  of  uniformity  in  industrial  regu- 
lation as  a  consequence  of  localized 
jurisdiction  on  problems  of  trade  prac- 
tice may  be  effectively  guarded 
against,  I  believe,  by  a  close  supervi- 
vision  over  local  arbitration  by  the 
national    authority. 

"While  I  have  mentioned  only  the 
so-called  'right  to  buy,'  the  principle 
would  also  be  effective  in  deciding  the 
vexatious  problems  of  conflicting  in- 
terests in  double  featuring  and  other 
practices." 


No  Justice 

Washington,  Oct.  20.— Hav- 
ing done  much  to  swell  gross 
receipts  of  the  Hotel  May- 
flower during  the  first,  sec- 
ond and  third  code  delibera- 
tions, the  independent  group 
which  returned  this  time  for 
additional  private  meetings 
with  Deputy  NRA  Adminis- 
trator Sol  A.  Rosenblatt 
couldn't  even  buy  space  at 
the  same  hotel  and  had  to 
move  over  to  the  Shoreham. 


Allied  Seeking  Big 
Turnout  at  Chicago 

(.Continued  from   page   1) 
both    the   code   and   the    independents' 
analysis    submitted    to    Deputy    NRA 
Administrator    Sol    A.    Rosenblatt    a 
few  days  ago. 

Eddie  Cantor,  the  latest  bulletin 
states,  has  sent  a  telegram  to  Allied 
headquarters  here  approving  Allied's 
stand  on  the  code  in  behalf  of  the 
Actors'    Guild. 


Komer  Head  of  Unit 
Planned  for  Detroit 

Detroit,  Oct.  20. — First  step  in  the 
formation  of  a  new  local  exhibitor 
unit  took  place  today  when  exhibi- 
tors met  and  elected  Charles  Komer 
temporary  president.  A  committee 
composed  of  James  Robertson,  Ar- 
thur Barrett  and  John  Odell  has  been 
named  to  complete  the  set-up.  The 
committee  will  first  prepare  com- 
plaints against  the  present  Allied  of 
Michigan  set-up  and  make  "certain 
demands   for   housecleaning." 

If  these  demands  are  met,  the  pro- 
posed unit  will  be  abandoned.  If  not, 
it  will  become  active.  It  is  expected 
the  committee  will  demand  Allied  fire 
H.  M.  Richey,  business  manager,  and 
the  unit's  directors  also  on  the  board 
of  Mid-States.  Harry  Brown's  seven 
houses  and  the  Great  Lakes  Theatre 
yesterday  pulled  out  of  Mid-States. 


Fred  Meyer  Leaves 

Fred  Meyer,  president  of  the 
M.P.T.O.  of  Wisconsin,  returned  to 
Milwaukee  last  night.  He  had  been 
attending  the  code  conferences  in 
Washington  and  now  is  after  a  rest. 
The  Wisconsin  unit  will  hold  its  an- 
nual convention  early  in  November, 
date   so   far   undetermined. 


"Angel"  Breaks  95 
Week  Para.  Record 


(.Continued  from  page  1) 
Daily's  box-office  records,  was  "Finn 
and  Hattie,"  plus  Maurice  Chevalier 
on  the  stage,  which  netted  $85,900  for 
the  week  ending  Feb.  6,  1931.  The 
second  best  was  "Tom  Sawyer,"  which 
grabbed  |85,800  for  the  week  ending 
Jan.  1,  1931.  This  was  on  a  second 
run,  the  initial  seven-day  take  figur- 
ing only  at  $67,400.  Next  of  the  big 
money-getters  was  "Rich  Man's 
Folly,"  with  $85,500  for  an  eight-day 
run,  ending  Dec.  3,  1931.  "Ladies  of 
the  Big  House"  grabbed  $83,500  for 
the  week  ending  Jan.  7,  1932,  with 
"The  Phantom  President"  following  at 
$68,900  on   Feb.  23,   1932. 

In  establishing  a  new  record  for  the 
year,  Mae  West,  peculiarly  enough, 
previously  broke  the  high  for  1933 
when  "She  Done  Him  Wrong" 
chalked  up  $66,800  for  the  week  ending 
Feb.  23.  Incidentally,  all  the  pictures 
mentioned  have  been  Paramount. 

As  one  Paramount  executive  put  it 
yesterday,  "it  took  'an  angel'  to  take 
the  house  out  of  the  red."  The  picture 
is  now  penciled  in  for  three  weeks 
and  may  go  four. 


Extras  Decide  on 
Own  Organization 

Hollywood,  Oct.  20. — Seven  hun- 
dred and  fifty  extras  have  decided  to 
go  it  alone  in  their  own  organization 
without  affiliation  with  the  Actors' 
Guild.  They  have  concluded  their  in- 
terests are  diiiferent. 

Following  a  mass  meeting  a  wire 
was  sent  to  Washington  commending 
President  Roosevelt's  NRA  program 
and  stating  that  extras  had  no  protest 
against  the  code,  but  intended  to  or- 
ganize to  protect  themselves  against 
any  injustice  after  the  code  goes  into 
efifect. 


Cleveland  Dual  Ban 
By  Agreement  Fails 

Cleveland,  Oct.  20. — The  proposal 
to  limit  duals  in  local  suburbans  to 
once  weekly,  which  was  to  have  gone 
into  effect  Oct.  15,  has  been  called 
ofif.  At  a  meeting  of  the  Cleveland 
M.  P.  Exhibitors'  Ass'n.  it  was 
agreed  after  heated  discussion  to  leave 
the  policy  of  duals  to  individual  ac- 
tion. The  refusal  of  half  of  the  or- 
ganization to  abide  by  limitation  is 
said  to  be  the  cause  of  the  present 
wide  open  policy.  The  majority  of  the 
suburbans   are   now   playing   doubles. 


Manna  for  the  Insurgents 

Washington,  Oct.  20. — Allied  leaders  are  pained  to  learn  that 
some  exhibitors  have  not  really  studied  the  code  or  the  18,000- 
word  analysis  of  it  prepared  by  the  independents,  so  here's  what 
they  propose  to  do  about  it: 

"Unfortunately,"  reads  the  latest  bulletin,  "we  cannot  afford 
to  send  copies  of  the  code  and  analysis  to  all  exhibitors.  Leaders 
should  cause  the  document  to  be  read  to  the  members  at  meet- 
ings called  to   urge  attendance  at  the   (Chicago)   meeting." 


One  independent  operator  yesterday  was  debating  a  trip  to 
Chicago  Tuesday  and  said  he  had  heard  the  exhibitor  attendance 
would    run    between    2,000   and   3,000. 

He  wasn't  kidding. 


Plans  on  Way 
To  Reorganize 
Paramount 


(Continued  from  page  1) 
stood  to  be  that  in  preparation  by 
Dr.  Julius  Klein,  former  assistant 
secretary  of  commerce  in  the  Hoover 
administration,  who,  as  the  repesenta- 
tive  of  the  Paramount  bondholders' 
protective  committee  of  which  Frank 
A.  Vanderlip  is  chairman,  has  been 
receiving  the  cooperation  of  the 
Paramount  trustees  on  a  reorganiza- 
tion plan  for  the  past  two  months. 
Dr.  Klein's  initial  activities  at  Para- 
mount were  described  first  by  Motion 
Picture  Daily  on  Sept.  12  and  13. 

No  Plan  Perfected 

Although  any  creditor  of  the  bank- 
rupt's may  submit  a  reorganization 
plan,  none  has  been  perfected  to  date 
and,  it  is  believed,  Dr.  Klein's  plan 
will  probably  be  the  first  to  be  sub- 
mitted to  creditors.  If  approved  by 
them,  steps  would  be  initiated  at  once 
in  U.  S.  District  Court  here  to  have 
the  Paramount  bankruptcy  discharged. 

Kuhn,  Loeb  &  Co.,. Chase  National 
Bank  and  the  First  National  Bank  of 
Chicago  are  among  Dr.  Klein's  prin- 
cipals. The  bondholders'  committee 
which  he  represents  holds  approxi- 
mately $24,000,000  in  Paramount 
bonds. 

Despite  the  fact  that  a  final  tabu- 
lation of  claims  filed  against  Para- 
mount has  been  completed,  counsel 
for  the  trustees  yesterday  declined  to 
make  public  either  the  aggregate 
amount  or  a  breakdown  of  principal 
claims,  many  of  which,  it  was  stated, 
have  either  been  filed  in  duplicate 
or  are  characterized  as  "discredited." 
A  statement  promised  to  the  trade 
press  yesterday  on  the  proportion  of 
the  claims  which  would  be  contested 
was  later  withheld  and  attorneys  for 
the  trustees  declared  that  none  would 
be  issued.  Motion  Picture  Daily 
learned  last  week  that  the  claims  ag- 
gregate in  excess  of  $246,000,009,  ex- 
clusive of  duplicated  claims.  All  but 
approximately  $35,000,000  of  this 
amount  will  be  contested. 

A  Publix  Enterprises'  creditors 
hearing  scheduled  for  yesterday  be- 
fore Referee  Henry  K.  Davis  was 
postponed  to  Oct.  27.  Petitions  for 
the  settlement  of  minor  claims  against 
the  theater  comnany  will  be  present- 
ed to   Referee   Davis   on   Monday. 


U.  A.  Sponsoring  Ball 

The  "Bowery  Ball,"  which  is  to  be 
held  at  the  Hotel  Astor  in  New 
York  ne.xt  Thursday  evening,  is  be- 
ing sponsored  by  United  Artists. 
Proceeds  will  go  to  the  Neiv  York 
American  and  Nezv  York  Journal 
Christmas  relief  fund.  Among  those 
expected  are  Marilyn  Miller,  Irving 
Berlin,  Milton  Berle,  Roy  Atwell, 
Gertrude  Nissen,  Lillian  Miles.  Lil- 
lian Bond,  Mickey  Alpert,  William 
O'Neal,  Olga  Baclanova,  Jack  Benny, 
Nancy  Carroll   and  Joe  Laurie,  Jr. 


Cowan  Starts  West 

Lester  Cowan,  executive  secretary 
of  the  Academy  of  M.  P.  Arts  and 
Sciences,  left  for  Hollywood  yester- 
day afternoon.  He  is  taking  west  with 
him  a  copy  of  the  third  revision  of 
the  NRA  code  and  a  cold. 


MOTION    PICTURE 

DAILY 


Saturday,  October  21,    1933 


Monogram  to 
Tip  Budgets 
Up  by  100% 


iContinucd  from  page  1) 
in  charge  of  production,  feel  the  in- 
crease is  desirable.    This  has  nothing 
to  do  with  increased  costs  under  the 
NRA,  Johnston  states. 

Carr  says  he  is  confident  Monogram 
will  "take  its  place  among  the  first 
line  major  companies." 

"The  only  way  by  which  we  can 
maintain  the  standard  we  have  set 
with  'The  Sweetheart  of  Sigma  Chi,' 
'Broken  Dreams'  and  others  is  to 
bring  about  a  permanent  and  drastic 
increase  in  our  present  budgets  and 
make  product  designed  to  meet  any 
type  of  competition." 

Carr  left  yesterday  for  Cleveland 
and  will  be  joined  at  Ogden  by  Floyd 
St.  John,  western  district  manager 
and  franchise  holder  for  California, 
and  J.  T.  Sheffield,  northwestern  dis- 
trict manager  and  franchise  holder. 
Johnston  will  start  for  Cleveland  im- 
mediately after  his  return  from  the 
Washington  code  hearings,  accom- 
panied by  Herman  Rifkin  of  Boston, 
J.  H.  Alexander  of  Pittsburgh,  B.  H. 
Mills  of  Albany,  Harry  Thomas  of 
New  York,  and  Edward  Golden,  gen- 
eral sales  manager. 

Slated  to  Be  Present 

Others  who  will  attend  will  be: 
Arthur  C.  Bromberg  of  Atlanta,  H. 
H.  Everett  of  Charlotte,  L.  Seicshnay- 
dre  of  New  Orleans,  Carl  Floyd  of 
Tampa,  Howard  Stubbins  of  Los  An- 
geles, Sam  Seplovvin  of  Detroit,  Claud 
Fzell  of  Dallas,  Sol  Davis  of  Okla- 
homa, B.  F.  Busby  of  Little  Rock, 
Sam  Flax  of  Washington,  Robert 
Withers  of  Kansas  City,  C.  M.  Park- 
hurst  of  Omaha,  C.  J.  Fames  of 
Portland,  H.  M.  Glanfield  of  Salt 
Lake  City,  Nat  Steinberg  of  St.  Louis, 
Irving  Mandel  of  Chicago,  L.  W. 
Marriott  of  Indianapolis,  J.  G.  Frack- 
man  of  Milwaukee,  J.  Berkowitz  of 
Buffalo  and  William  Onie  of  Cincin- 
nati. Jack  Jossey  of  Cleveland  will 
have  charge  of  arrangements  for  the 
convention. 


Hollywood,  Oct.  20. — Monogram  is 
rushing  the  script  of  "Manhattan 
Love  Song,"  which  will  probably  be 
filmed  and  in  the  can  before  Fox, 
which  also  lays  claim  to  the  title, 
will  have  dusted  the  story  off  for 
production. 

Leonard  Fields,  writer,  and  David 
Silverstein,  who  will  direct  the  Cornell 
Wooldridge  story,  are  collaborating 
on  the  script. 


Thompson,  Blumherg 
In  Line  for  RKO  Job 

{Continued  from  page  1) 

have  narrowed  down  to  Leslie  Thomp- 
son, formerly  in  charge  of  labor  mat- 
ters for  the  circuit,  and  Nate  Blum- 
berg,  RKO's  divisional  manager  in 
the  Middle  West. 

According  to  the  company,  how- 
ever, J.  R.  McDoni^ugh,  who  on 
Wednesday  was  elected  to  posts  in 
various  of  the  comnany's  theatre  units 
formerly  held  by  Franklin,  had 
reached  no  decision. 


Looking  ^Em  Over 


"Headline  Shooter" 

(Radio) 

Romance  gets  crowded  in  between  a  series  of  exciting  happenings  in 
the  lives  of  a  newsreel  cameraman  and  a  girl  reporter.  William  Gar- 
gan  is  the  man  and  Frances  Dee  the  girl.  Some  of  the  stories  they 
cover  are  obviously  clips  from  newsreel  shots. 

They  meet  while  covering  an  earthquake.  Buildings  fall  about  them 
as  they  run  from  place  to  place.  Some  smart  cutting  makes  these  shots 
hair  raising  at  times.  She  steals  his  automobile  key  to  get  back  to 
her  ofifice  with  her  story.  Their  paths  cross  from  time  to  time  until 
she  finally  tells  him  she  is  engaged  to  a  man  in  Mississippi  and  an- 
nounces she   is  going  off  to  marry  him. 

Gargan  is  sent  south  to  cover  a  spring  flood  that  has  broken  a  levee. 
Miss  Dee's  fiance,  Ralph  Bellamy,  turns  out  to  be  a  regular  fellow 
and  helps  them  to  get  pictures  and  a  story.  He  returns  to  New  York 
with  the  girl,  expecting  to  marry  her,  but  she  starts  off  on  another  story 
and  is  finally  kidnapped  by  a  group  of  gangsters.  Both  Gargan  and 
Bellamy  are  in  on  the  rescue,  but  she  gets  so  excited  she  can't  listen 
to  his  entreaties  to  quit.  Finally  she  tells  Gargan  she'll  marry  him  in 
front  of  a  camera. 


"The  Wandering  Jew" 

(Jczvisli   American  Film  Ass'n) 

Produced  in  Jewish  but  with  English  sub-titles,  this  chronological 
film  record  of  the  persecution  of  the  Jews  from  the  early  ages  to  the 
present  Hitler  period  probably  will  be  limited  in  appeal  to  neighbor- 
hoods chiefly  with  Jewish  patronage.  There  are  not  enough  sub-titles 
to  make  it  understandable  for  the  average  fan.  More  than  half  of 
the  picture  is  composed  of  library  and  newsreel  shots. 

The  picture  starts  with  the  present  persecution  of  the  Jews  and 
shows  how  Jacob  Ben-Ami,  an  artist  in  Germany,  has  his  master- 
piece, "The  Wandering  Jew,"  rejected  by  the  Academy  because  of 
the  Hitler  edict.  His  German  sweetheart,  Natalie  Browning,  also 
leaves  him  to  keep  within  her  Aryan  rights.  During  the  denoue- 
ment of  this,  his  servant  recounts  the  previous  persecutions  of  Jews 
down  the  ages  and  later  "The  Wandering  Jew"  comes  to  life  and  de- 
tails how  a  new  leader  arose  to  guide  them  to  new  worlds.  The  pic- 
ture closes  with  hopes  that  a  new  Moses  will  soon  come  to  aid  the 
Jews    in    fighting   German   oppression. 


"Walls  of  Gold" 

(Fox) 

Kathleen  Norris'  melodrama  that  money  cannot  buy  love  is  enter- 
tainingly transformed  to  the  screen  by  Sally  Eilers,  Frank  Morgan 
and  Norman  Foster  and  met  with  the  approval  of  an  Old  Roxy  audi- 
ence   yesterday. 

A  successful  business  woman  in  her  own  right.  Miss  Eilers  falls 
in  love  with  Foster.  When  the  heroine  is  introduced  to  Morgan,  the 
hero's  uncle  and  a  steel  tycoon,  the  magnate  takes  a  personal  interest 
in  her  which  later  leads  to  a  break  between  the  sweethearts  and  the 
marriage  of  Foster  to  Mary  Mason,  the  heroine's  sister.  Morgan 
subsequently  weds  Miss  Eilers  and,  after  a  honeymoon,  starts  affairs 
with    Rosita    Moreno    and    Rochelle    Hudson. 

Foster  goes  to  South  America  on  a  long  trip  during  which  his  wife 
gives  birth  to  a  boy.  She  dies  in  the  hospital  and  Miss  Eilers  brings 
up  the  child.  When  Foster  returns  he  again  falls  in  love  with  the 
heroine  and  tries  to  get  her  to  break  away  from  Morgan.  She  re- 
fuses because  her  husband  threatens  to  ruin  Foster  if  she  goes  through 
with  it.  At  a  party  at  the  Morgan  mansion,  Morgan  dies  of  heart  fail- 
ure when  Miss  Hudson  threatens  to  kill  him  if  he  doesn't  marry  her. 
This  clears  the  way  for  the  lovers. 


^ff 


"Easy  Millions 

(Monarch) 

The  complications  arising  from  a  little  lie  Richard  ("Skeets")  Gal- 
lagher makes  in  order  to  ward  off  a  stock  salesman  created  a  load  of 
laughs  yesterday  at  the  Tivoli.  After  Gallagher  tells  the  fabrication, 
the  salesman  spreads  the  word  around  until  it  reaches  all  the  hero's 
friends  and  sweethearts.  As  a  result  he  becomes  engaged  to  three  girls 
at  the  same  time.  He  cares  only  for  Merna  Kennedy,  but  when  she 
catches  him  in  the  embrace  of  one  of  his  other  fiancees,  she  breaks  off 
with  him. 

Gallagher  has  a  hard  time  convincing  Miss  Kennedy  of  the  truth, 
but  he  finally  manages  to  clear  it  up  without  any  casualties.  In  the 
cast  also  are  Dorothy  Burgess,  Johnny  Arthur,  Noah  Beery,  Pauline 
Garon,    Bert   Roach   and   Walter    Long.    Fred   Newmeyer   directed. 


ii 


U''  European 
Films  Still 
Up:  Laemmle 


(Continued  from  page   1) 

asked  for  information  of  its  working. 
I  was  proud  to  tell  them  how  confi- 
dent I   was  in  the  Administration. 

"Our  industry,  like  every  other  one, 
needs  a  code  and  I  am  tremendously 
pleased  at  the  way  ours  is  shaping  up. 
The  code,  as  I  see  it,  will  be  bad 
only  for  the  unethical,  the  dishonest 
and  the  'chiselers,' "  Laemmle  said. 
"It  will  be  good  for  anyone  who 
wants  to  earn  a  decent  living  and  for 
any  company  that  is  honest  in  its  at- 
titude toward  the  public  and  its  em- 
ployes." 

While  abroad,  Laemmle  signed  Jan 
Kiepura,  star  of  "Be  Mine  Tonight" ; 
Francesca  Gaal,  Budapest  screen  ac- 
tress, and  acquired  the  European  play, 
"The  Countess  of  Monte  Cristo,"  which 
will  be  filmed  at  Universal  City  this 
winter.  Laemmle  was  accompanied  on 
his  European  trip  by  his  secretary. 
Jack  Ross.  The  two  will  remain  in 
New  York  about  a  week  before  pro- 
ceeding to  the  coast. 


Chase  Investigation 
Temporarily  Delayed 

Washington,  Oct.  20. — Sidetracked 
by  consideration  of  stock  market  op- 
erations, the  Senate  Banking  and  Cur- 
rency Committee  today  failed  to  un- 
dertake its  expected  investigation  of 
operations  of  the  Chase  National 
Bank  in  the  securities  of  Fox  and 
General  Theatres.  It  is  not  expected 
that  the  matter  will  be  reached  be- 
fore the  middle  of  next  week. 


A^.  Y.  Cameraman  Killed 

Fort  Myer,  Va.,  Oct.  20.— William 
Casel  of  Brooklyn,  27,  a  cameraman, 
was  killed  today  when  he  was  run 
down  by  horses  drawing  an  army 
caisson  during  the  filming  of  scenes 
for    "Rodney,"    with    Walter    Huston. 


Get  Marriage  License 

Frances  Dee  and  Joel  McCrea  ob- 
tained a  marriage  license  at  the  Muni- 
cipal  Building  here  yesterday. 


CLASSIFIED 
DIRECTORY 

WHERE    TO   GET 
WHAT    YOU    WANT 


EQUIPMENT 


S.   O.    S.    CORPORATION 

Used  Gqulpment   Bought  and  Sold 

Largest  Clearing   House  In   Show  Business 

1600  Broadway         CH.    4-1717  New  York  City 


PROJECTION  ROOMS 


AUDIO  PUBLIX  PROJECTION  ROOM.  INC. 
Efficient    Serrlce    with    RCA    Sound — Lowest    Rates 
Room    714,    630    -    9th    Ave..    CHickerlng    4-6413 


SOUND  STUDIOS 


SEIDEN    SOUND   STUDIO 

Let     us     flKurv     your     sound     test  tnoti 

and    STnchronlzation    work.     Prices  right. 

33  W.  60th  St.         BRy.  9-3951-3949  N.   T.  C. 


The  Leading 
Daily 

^Newspaper 
<»f  the 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 

Intelligent 

and 

Faith fut;4    K 

ServioeJ.tO"'' 
the  Indl^try 
in  All 
Branched 


VOL.  34.   NO.  96 


NEW  YORK,  MONDAY,  OCTOBER  23,  1933 


TEN  CENTS 


McDonough's 
Radio  Power 
Is  Extended 


Major  Problems  in  Film 
End  Now  Go  to  Him 


Influence  of  J.  R.  McDonough  is 
understood  to  have  been  extended  to 
embrace  major  decisions  affecting 
Radio  Pictures.  The  former  execu- 
tive vice-president  of  RCA,  who 
stepped  into  the  RKO  picture  a 
few  months  ago  and  since  has  ad- 
vanced to  a  dominant  position  in  the 
affairs  of  the  company,  particularly 
in  the  theatre  end,  is  declared  to  be 
acting  as  a  sort  of  arbiter  on  prob- 
lems concerning  the  film  company  in 
those  instances  where  Radio's  officials 
may  hold  different  ideas  on  solutions. 
It  is  said  McDonough,  while  natu- 
rally interested  in  whatever  such 
problems  may  be,  is  in  no  way  inter- 
fering with  the  normal  functions  of 
executives  of  the  picture  company, 
but  only  proposes  to  interject  his 
opinion  when  sought. 


Predicts  4th  Code  Revision 

Back  from  Washington  on  Saturday,  W.  Ray  Johnston,  president 
of  Monogram,  predicted  a  fourth  revision  of  the  NRA  code  was 
on  the  way  and  "would  be  ready  in  a  couple  of  days." 

Johnston  declared  the  independents'  analysis  was  being  dis- 
cussed with  Deputy  NRA  Administrator  Rosenblatt,  paragraph 
and  by  paragraph,  and  that  changes  in  phraseology  are  in  the 
offing  in  order  to  assure  further  clarification.  Many  of  those  who 
participated  in  the  insurgent  movement  are  again  at  the  Capital, 
including  Jacob  Schechter,  Milton  Weisman,  Mitchell  Klupt,  David 
Barrist  and  Calvin  Bard. 


Grievance^  Zone  Boards 
Facing  Deluge  of  Cases 


Theatre  Intake  on 
Upswing  in  Charts 

The  largest  dollar  upturn  in  box- 
office  receipts  since  sound  has  been 
experienced  by  theatres  in  recent 
months,  according  to  a  chart  prepared 
by  John  H.  Lewis  of  Goodbody  & 
Co.,  which  is  based  on  the  reported 
weekly  receipts  of  10  theatres  situ- 
ated in  five  widely  scattered  cities. 

"The   crux   of   the   problem   of   mo- 

(Continucd  on  pane  3) 


Studios  Sign  Over 
50  Unknown  Players 

Hollywood,  Oct.  22. — The  search 
for  talent  and  the  lining  up  of  new 
faces  has  reached  a  new  high  in  Holly- 
wood with  more  than  SO  players, 
heretofore  unknown,  placed  under 
long  term  contracts  by  the  majors 
within  the  last  three  months. 

Paramount  leads  the  field  with  11 
unknowns.  In  addition  to  this  num- 
ber the  studio  signed  eight  unknowns 

(.Continued  on  tmge  3) 


Trans-Lux  Planning 
4  or  5  More  Houses 

Trans  Lux  has  made  plans  for  four 
of  five  new  theatres  to  be  constructed 
in  different  sections  of  new  York,  ac- 
cording to  Leslie  Thompson. 

One  of  them  is  planned  for  Brook' 
lyn.  ■    '    " 


More  than  50,000  complaints  and 
claims  annually  may  be  the  deluge 
swamping  local  grievance  and  zoning 
boards  which  will  come  into  being  in 
each  exchange  center  under  the  code 
on  the  basis  of  the  trend  of  cases  filed 
with  arbitration  boards  which  nearly 
trebled  from  1924  up  to  the  time  com- 
pulsory arbitration  was  suspended  in 
October,  1929,  because  of  the  Thacher 
decree.  Types  of  disputes  handled 
under  the  now  defunct  system  are 
designed  for  adjudication  through 
grievance  and  zoning  boards,  as  the 
code  now  stands. 


In  1924,  11,197  cases  were  filed 
with  arbitration  boards  with  an  aggre- 
gate amount  involved  of  $2,119,000. 
The  number  of  cases  and  the  sum  in- 
volved increased  steadily  up  to  the 
1929  suspension  of  arbitration,  when 
30,746  claims  had  been  filed  during 
the  year,  amounting  to  almost 
$9,000,000. 

Since  the  suspension  of  arbitration 
no  official  bodies  for  receiving  claims 
have  existed  within  the  industry,  but 
exclusive  of  the  cases  which  were 
carried  into  court  thousands  of  minor 
I  {Continued  on  page  3) 


Majors  Await 
Formal  Choice 
Of  Authority 

Holding  Back  Signatures 
Until  Personnel  Set 


AUied  Heads 
Gathering  for 
Chicago  Meet 


Chicago,  Oct.  22. — The  advance 
contingent  for  the  code  mass  meeting 
called  by  Allied  States,  which  opens 
here  Monday,  arrived  today,  headed 
by  Abram  F.  Myers,  Allied  general 
counsel  and  board  '  chairman,  J.  C. 
Ritter,  president,  and  H.  M.  Richey 
of  Detroit. 

W.  A.  Steffes  of  Minneapolis  and 
Sidney  Samuelson  of  New  Jersey  are 
expected  to  arrive  tomorrow.  The 
early  arrivals  visited  the  World's  Fair 
grounds,  taking  advantage  of  special 
(Continued  on  page  3) 


Stuart  to  Handle 
Arizona  Theatres 

Herschel  Stuart,  recently  in  charge 
of  Paramount  Publix  Detroit  theatres 
for  the  company's  theatre  reorgani- 
zation department,  will  be  assigned 
to  similar  work  on  the  Rickards  & 
Nace  circuit,  Publix  Arizona  division. 
He  is  slated  to  leave-  for  Arizona 
within  the  next  few  days,  remaining 
(Crnitinued  on  page  6) 


Deputy  Pushes 
Effort  to  Get 
Code  Finished 


Washington,  Oct.  22. — Forging 
ahead  with  his  plan  to  pass  the  in- 
dustry code  on  to  General  Hugh  S. 
Johnson  with  as  little  delay  as  possi- 
ble. Deputy  NRA  Administrator  Sol. 
A.  Rosenblatt  over  the  week-end  pro- 
ceeded with  the  writing  of  his  report 
to  accompany  the  document.  He  hopes 
to  have  the  pact  ready  for  the  Admin- 
istrator early  this  week. 

Progress,  however,  is  being  hamp- 
ered somewhat  by  the  illness  in 
Chicago  of  Edward  N.  Hurley,  head 
of  the  NRA  Labor  Advisory  Board. 
(Continued  on  pane  3) 


Chicago  Operators 
In  a  Federal  Probe 

Chicago,  Oct.  22.  —  Organization 
leaders,  circuit  officials  and  scores  of 
independent  exhibitors  have  been  sub- 
poenaed this  week  to  testify  before 
the  Federal  Grand  Jury  in  the  Gov- 
ernment's probe-  of  alleged  labor 
(Continued  on  pane  3) 


Major  companies  are  awaiting  for- 
mal designation  of  the  personnel  of 
code  authority  before  affixing  their 
signatures  to  the  industry  code.  Who 
is  to  constitute  the  so-called  "supreme 
court"  of  the  industry  under  the  NRA 
has  been  left  blank  in  the  three  code 
revisions  made  public  to  date.  Re- 
maining as  the  only  omission  in  the 
document,  the  majors  regard  definite 
information  on  this  vital  point  as 
necessary  before  acknowledging  the 
code  has  arrived  at  the  signature 
stage. 

Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  has  maintained  throughout 
the  three  sessions  of  code  delibera- 
tions that  the  selections  are  set  "in 
his  mind."  Steadfastly  has  he  refused 
to  part  with  even  an  inkling  of  what 
the  names  are  to  be,  however.  Re- 
garded as  definite  final  selections  are: 
Sidney  R.  Kent,  president  of 
Fox. 

Nicholas  M.  Schenck,  presi- 
dent of  Loew's,  Inc.,  and  M-G-M. 

(Continued  on  pane  3) 


Kent  to  Study  Plan 
For  Studios  Abroad 

Production  abroad  is  among  major 
pieces  of  business  which  takes  Sidney 
R.  Kent  abroad  next  week.  Fox  is 
producing  in  France  and  has  ideas, 
not   definite   as   yet,    about   Germany. 

Kent's  last  trip  was  made  IS 
months  ago.  He  was  due  to  return 
overseas  six  months  ago,  but  the  Fox 
financial  reorganization  and  the  code 
resulted  in  delays. 


Seven  Houses  Quit 
Detroifs  Combine 

Detkoit,  Oct.  22. — Mid-States  Thea- 
tres, booking  combine  composed  of 
members  of  Allied  of  Michigan,  loses 
additional  constituents  with  withdrawal 
of  the  six  neighborhood  houses  oper- 
ated by  Harry  Brown.  The  Great 
Lakes,  a  key  house,  is  another  with- 
drawal. 

Mid-States,  formerly  known  as  Co- 
operative, of  which  Ray  Moon  is  gen- 
(Continued  on  page  3) 


Price  Cuts  Stir  Up 
Worries  in  Denver 

Denver,   Oct.  22. — Two  price  cuts 

within  the  past  two  weeks  at  the  Or- 

pheum  have  given  local  theatre  men  a 

jolt,  and  they  are  .wondering,  if  Jthe 

(^Continued  on  poae  6) 


MOTION  »ICTVlt£ 

DAILY 


Monday,  October  23,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and    Motion   Pictures    Today 


Vol. 


October  23,  1933 


No.  96 


Martin  Quigley 

Editor-in-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^■VV^  PUBLISHED  daily,  except  Sunday 
fill  and  holidays,  by  Motion  Picture 
Kfty  Daily,   Inc.,  a  Quigley  Publication, 

^  at  1790  Broadway,  New  York. 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted.  ..       _  t  ■, 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets:  J^.rtor 
M.  Shapiro.  Manager.  Chicago  Office.  407 
South   Dearborn  Street;   Edwin  S.   Cltttora. 

''^Ll.Xn  correspondent:  IV  H  Mooring. 
41  Redhill  Drive.  Edgware.  London.  Eng- 
land. Berlin  correspondent;  Joachtm  A. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
i^rasse  37.  Berlin.  W  9.  P»"fj„=°"«/- 
pondent:  Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


wtMOWfMir 


F.  &  M,  Close  Deal 
For  the  St  Louis 

St.  Louis,  Oct.  22.— With  the  clos- 
ing of  the  St.  Louis  Thursday  for 
installation  of  new  equipment  and 
other  alterations,  the  house  passed  to 
Fanchon  &  Marco.  Harry  Singer  of 
F.  &  M.  closed  the  deal  with  Harry 
Koplar,  who  previously  had  denied 
reports  of  the  deal.  Date  for  reopen- 
ing has  not  been  set. 

Mike  Marco  left  for  the  coast  over 
the  week-end.  He  has  been  conferring 
with  Harry  Arthur  here  for  several 
weeks. 


Bergerman  Starts 

Hollywood,  Oct.  22.— After  months 
of  preparation,  Stanley  Bergerman 
will  get  under  way  this  week  with  his 
first  independent  picture,  "I  Like  It 
That  Way,"  with  Gloria  Stuart  and 
Roger  Prior  in  the  lead.  Picture  is 
being  made  at  Universal. 


Pollard  Studio  Party 

A  reception  and  entertainment  to 
mark  the  opening  of  the  Bud  Pollard 
studios  was  held  Saturday  afternoon 
and  evening  at  the  Grantwood,  N.  J., 
production  site.  Several  hundred 
guests,  including  players,  directors 
and  press  representatives,  were  in 
attendance. 


UMWtiiiiMruiuiuiiiiiitilHlMiuiitiMwmiitiuimiiiti 


BEN  BLUE 

Starring  In  Series 

WARNER  BROS. 
SHORTS 

ffiueei  by  DIrtettd  by 

SAM  SAX  RALPH  STAUB 

• 

DtrtttUui    LBO    M0KRI80N 


THE  men  who  fought  the 
battle  and  broke  their  backs 
won't  think  so.  For  that,  they 
have  plenty  of  reason.  It  is, 
nevertheless,  the  truth  that  the 
film  industry  has  been  accorded 
favorite  treatment  among  major 
industries  on  its  code.  By  that, 
you  understand,  is  meant  prefe- 
rential consideration  as  the  NRA 
sees  it.  This  is  why:  the  history 
of  other  codes  hasn't  allowed  for 
anything  like  the  scrimmages 
that  have  been  entered  on  the 
record  in  the  picture  business. 
When  Hugh  Johnson,  for  in- 
stance, met  the  oil  men  at  eight 
o'clock  on  a  memorable  night  not 
so  long  ago,  he  gave  some  of 
America's  industrial  leaders  five 
minutes,  informed  them  the  code 
as  the  NRA  saw  it  was  the  one 
that  the  President  would  get  and 
then  walked  out.  Johnson  did  all 
of  the  talking. 

▼ 
Nothing  like  that  happened  in 
this  field,  the  closest  to  it  being 
the  shrapnel  fired  by  the  White 
House  in  the  majors'  midst. 
NRA  precedent  to  date,  as  a 
matter  of  fact,  demonstrates  that 
where  the  recovery  administra- 
tion prepared  its  own  code  for 
any  given  industry,  that  was  the 
code  eventually  to  be  signed. 
Rosenblatt  prepared  not  one  for 
films,  but  a  second  and,  later,  a 
third.  Even  on  the  three-way 
try,  the  job  isn't  finished  yet.  So 
dizzy  does  the  story  of  the  code 
go  that  there  may  be  a  fourth. 
This  is  how  and  why  the  indus- 
try has  been  meted  out  favorite 
treatment,  as  the  disciples  of  the 
Blue   Eagle   see   it. 

T 
If  the  original  intent  behind  all 
codes  had  been  followed,  much 
might  have  been  different.  The 
purpose,  at  the  outset,  was  to  fly 
the  eagle  all  over  the  land.  Con- 
siderably in  the  rear  and  to  be 
framed  at  a  convenient  later  date 
were  fair  trade  practices  and  the 


elimination  of  cut-throat  competi- 
tion.  Business  interests,  realizing 
quickly  that  fewer  working  hours 
meant     an     immediate     increase 
in     payrolls,     wanted     to     know 
where  the  overhead  hike  would 
come  from.     The  anti-trust  laws 
will  be  relaxed;  dubious  competi- 
tive    practices,     including     sales 
below    cost,    will    be    controlled, 
answered  the  NRA.    Then  along 
came  the  textile  industry,  not  with 
a  code  for  labor  only,  but  coupled 
with  it  a  code  of  fair  practices. 
A  precedent,  for  some  reason  not 
quite  clear,  was  thereby  set  for 
all  trailing  industries  to  mimic. 
T 
It  was  natural,  it  is  to  be  sup- 
posed,  for   the   film   industry   to 
have   done  likewise.     The  labor 
equation    was    taken    care    of — 
studios   quickly,   theatres   not   so 
quickly  and  not  so  smoothly,  but 
worked   out   it   was   and   so   the 
primary  purpose  of  the  recovery 
act  fulfilled.     What  has   snarled 
this  business,  as  it  has  all  others, 
has  been  the  trade  practice  end 
of  the  code.    It  has  created  much 
bitterness  in  quarters  from  which 
the    repercussions    are   likely    to 
blast  for  some  time.  It  has  caused 
to  be  rumored  about  nasty  stories 
of    money    that    either    changed 
hands  or  was  waiting  for  hands 
to  grasp.  It  has  sharpened  the  in- 
herent dififerences  between  buy- 
ers and  sellers,  independents  and 
affiliates;  in  general,  created  an 
unrest  and  an  upset  which  equals 
any  this  stormy  business  has  ever 
experienced   and   saddled  around 
the  neck  of  the  code  and  those 
who  will  administer  it  a  job  that 
need  be  nobody's  envy. 

T 
While  there  were  some  who 
found  themselves  about  to  cave 
in  and  pass  out  in  taxis  and 
others  were  on  the  verge  in 
long-distance  conferences  held  on 
the  ninth  floor  of  the  Mayflower, 
the  newspapermen  had  no  picnic 

(Continued  on  tiaae  6) 


Eastman  Down  Two  and  a  Quarter 


i  Purely 
Personal  ► 


E EDDIE  DOWLING,  president  of 
the  Actors'  Betterment  Ass'n, 
Inc.,  has  been  elected  an  honorary 
life  member  of  the  Lambs'  Club. 

Paul  Whiteman,  his  band  and 
vocaUsts,  have  been  signed  by  Vita- 
phone  for  a  three-reel  "Broadway 
Brevities." 

Eddie  Cantor  has  joined  the 
Actors'   Betterment  Ass'n,  Inc. 

Herman  Wobber,  Fox  executive,  is 
in  town  for  a  few  days. 


Tiffany  Productions 
Name  Made  Cortland 

Dover,  Oct.  22.— Tiffany  Produc- 
itions  of  California,  Inc.,  Ltd.,  has 
changed  its  name  to  Cortland  Pictures 
Corp.  of  California,  Ltd.,  New  York 
City,  in  the  Delaware  State  Depart- 
ment. The  Corporation  Trust  Co.  was 
the   incorporating   company. 

Tri-States  Theatre  Corp.  and  Evans 
Theatre  Corp.  have  filed  charters  to 
carry  on  the  business  of  theatrical 
proprietors.  Tri-States  listed  capital 
of  $10,000  and  Evans  Theatre  100 
shares,  no  par  value.  C.  S.  Peabbles, 
L.  H.  Herman  and  Walter  Lenz  of 
Wilmington  are  the  incorporators  for 
both. 


RCA  Answers  Equity 
Action  by  Arcturus 

Wilmington,  Oct.  22. — RCA  has 
filed  an  answer  in  Chancery  Court 
here  to  the  bill  of  complaint  in  an 
equity  proceedings  brought  against  it 
by  the  Arcturus  Radio  Tube  Co.  to 
halt  a  law  action  brought  in  New 
Jersey  by  RCA  against  Arcturus. 

RCA  in  its  answer  in  equity  asked 
for  dismissal  on  the  grounds  that  Arc- 
turus has  no  remedy  in  equity  because 
the  issue  in  the  lawsuit,  which  is  for 
royalties  on  an  equipment  licensing 
agreement,  involves  only  legal  ques- 
tions. RCA  denied  Arcturus'  asser- 
tion in  the  equity  bill  that  some  of 
the  provisions  of  the  agreement  under 
which  Arcturus  was  licensed  by  RCA 
were  unfair. 


High  Low  Close 

Consolidated  Film  Industries 3            3  3 

Consolidated   Film   Industries,   pfd 8li         7^4  7^ 

Eastman  Kodak 69'/$  67'/^  67% 

Fox  Film   "A" 13^  12  12 

Loew's.  Inc 27?^  24  25'/^ 

Pathc  Exchange  "A" 8'/5          7'A  7% 

RKO  2V»         2%  VA 

Warner  Bros 6Yt          SYi  6 


Net 
Change 


-2I/J 


+ 


Technicolor  Off  One  and  a  Quarter 


Technicolor 


Net 
High      Low      Close    Change 

.  12     ■    lOM      10?4    ~— U4 


Paramount  Publix  Gains  Half  Point 


High  Low  Close 

General  Theatre  Equipment  6s  '40 4^         VA         *'A 

General  Theatre  Equipment  6s  '40,  ctf 3^^         3'4  3'4 

Paramount  Broadway  S^s  '51 28'/^  2S'A  28'4 

Paramount  F.  L.  6s  '47 29  29  29 

Paramount  Publix  S54s,  'SO 29^1  29;^  29^2 

Warner  Bros.  6s  '39,  wd 40  38'4  38^ 


Net 
Change 

-'A 
-VA 


+  Vi 
—I 


Sales 

100 
400 
300 

500 

5,000 

400 

400 

4,500 


Sales 

200 


Sales 
4 
4 
1 
2 
1 
18 


Patent  Suit  Up.  Feb.  3 

Wilmington,  Oct.  22.  —  Further 
hearing  on  the  patent  infringement 
suit  brought  by  Frank  L.  Dyer,  Vent- 
nor,  N.  J.,  against  Sound  Studios, 
Inc.,  of  New  York,  will  be  held 
Feb.  3. 


It's  Mrs.  McCrea  Now 

Joel  McCrea  and  Frances  Dee  are 
now  Mr.  and  Mrs.  They  were  mar- 
ried in  Rye,  N.  Y.,  and  are  now 
motoring  through  Connecticut  on  a 
honeymoon  trip. 


Loew's  Vote  Dividend 

The  regular  quarterly  dividend  of 
$1.62^  per  share  on  the  outstanding 
$6.50  cumulative  preferred  stock  of 
Loew's,  Inc.,  has  been  declared  pay- 
able Nov.  15  to  stockholders  of  record 
on  Oct.  26. 


Monday,  October  23,   1933 


MOTION  PICTURE 

DAILY 


Majors  Await 
Formal  Choice 
Of  Authority 


(Continued  from  fane  1) 

Harry  M.  Warner,  president 
of  Warner  Bros.  Pictures,  Inc. 

Robert  H.  Cochrane,  vice- 
president   of    Universal. 

George  J.  Schaefer,  vice-presi- 
dent and  general  manager  of 
Paramount. 

Al  Lichtman,  vice-president 
and  general  sales  manager  of 
United  Artists. 

Charles  L.  O'Reilly,  presi- 
dent of  Theatre  Owners'  Cham- 
ber of  Commerce  of  New  York. 

Ed  Kuykendall,  president  of 
M.P.T.O.A. 

M.  E.  Comerford,  head  of 
Comerford  Theatres. 

W.  Ray  Johnston,  .president  of 
Monogram. 

Action  will  not  be  delayed,  particu- 
larly if  Rosenblatt  delivers  on  his 
promise  that  the  code  will  be  in  Gen- 
eral Hugh  S.  Johnson's  hands  early 
this  week.  Once  the  document  is 
signed  by  the  President,  missing  sig- 
natures face  the  alternative  of  being 
bound  by  the  code  without  being  ac- 
corded any  of  its  advantages.  The  big 
companies  are  not  believed  to  be  enter- 
taining this  thought. 

Will  Probably  Affix  Signatures 

Signatures  probably  will  be  affixed 
to  a  form  prepared  by  the  NRA  for 
that  purpose,  but  held  in  escrow  with 
the  understanding  signatories  are 
bound  only  by  the  code  as  they  have 
scanned  it.  Any  changes  made  prior 
to  Presidential  enactment  will  not 
necessarily  void  signatures  but  will 
carry  the  right  to  analyze  such 
changes  and  to  withdraw  if  such  is 
the  signatories'  decision. 


Berman  Warns  Stars 
Can  Do  Work  Abroad 

Suggesting  that  stars  subjected  to 
salary  limitations  under  any  code  or 
regulation  could  engage  in  production 
outside  of  America  and  have  their 
pictures  distributed  here,  A.  C.  Her- 
man, attorney,  and  former  foreign 
manager  for  United  Artists,  has  wired 
President  Roosevelt,  Administrator 
Hugh  S.  Johnson,  Deputy  Sol  A. 
Rosenblatt  and  industry  leaders  warn- 
ing them  of  the  consequent  danger  of 
efforts  to  regulate  star  salaries,  Ber- 
man disclosed   Saturday. 

Stating  that  he  represented  a  group 
of  stars,  Berman  declined  to  reveal 
their  identity.  His  communication  to 
Administration  authorities  and  com- 
pany heads  urged  "constructive"  regu- 
lation of  the  industry  through  code 
provisions,  but  held  efTorts  toward 
salary  regulation  of  stars  to  be  mis- 
guided. 


Paul  Shields  Named 

Washington,  Oct.  22.  —  Paul 
Shields  of  Shields  and  Co.,  New 
York  stock  brokerage  firm,  yesterday 
was  named  one  of  the  Government 
representatives  on  the  code  authority 
set  up  for  the  legitimate  theatre 
industry. 


Grievance^  Zone  Boards 
Facing  Deluge  of  Cases 


(Continued   from   fane   1) 


claims  have  been  adjusted  amicably 
by  informal  negotiation  between  ex- 
hibitor and  distributor,  and  between 
exhibitors.  Under  the  code,  practi- 
cally all  such  cases  will  be  filed  with 
grievance  and  zoning  boards. 

Records  of  the  abritration  boards 
for  the  period  from  1924  to  1929  in- 
clusive reveal  that  approximately  50 
per  cent  of  the  cases  filed  in  every 
year  were  settled  or  withdrawn 
before  a  hearing  was  held.  Thus,  of 
the  more  than  11,000  cases  filed  with 
arbitration  boards  in  1924,  6,029  were 
withdrawn  prior  to  a  hearing  date, 
and  of  the  30,746  cases  filed  in  1929 
up  to  the  suspension  of  arbitration, 
15,333  of  them  were  withdrawn. 

Awards  Totalled  7,222 

Of  the  15,413  claims  actually  heard 
by  arbitration  boards  during  1929, 
awards  were  rendered  in  7,222  cases 
and  509  claims  were  dismissed.  The 
awards  involved  claims  aggregating 
$2,731,579,  and  the  claims  dismissed 
involved  $181,209.  Court  proceedings 
were  instituted  in  107  cases  after  the 
claim  involved  had  been  submitted  to 


arbitration.  The  remainder  of  the 
claims  heard  during  the  year  were 
still  pending  at  the  time  arbitration 
was   suspended. 

Cases  carried  to  court  on  the  con- 
clusion of  arbitration  are  interpreted 
as  giving  an  indication  of  the  number 
of  cases  which  may  be  brought  before 
the  code  authority,  which  is  to  hear 
only  such  cases  as  cannot  be  settled 
by  the  local  grievance  and  zoning 
boards,  or  cases  of  major  national  im- 
portance to  the  industry.  On  the  basis 
of  the  107  cases  taken  to  court  in 
1929,  and  in  view  of  the  average  pro- 
portionate increase  in  such  cases  over 
the  preceding  five-year  period,  it  is 
estimated  that  approximately  175  such 
cases  may  be  heard  by  the  code 
authority  annually. 

New  York  and  Chicago  led  in  the 
number  of  claims  filed  with  arbitra- 
tion boards  during  the  period  of  their 
existence.  In  1929  New  York  had 
9,973  claims  filed  and  heard  5,350. 
Chicago  had  2,612  filed  and  heard 
1,442.  Other  keys  filing  and  hearing 
large  numbers  of  cases  that  year  in- 
cluded Philadelphia,  Cleveland,  Cincin- 
nati, Buffalo,  Pittsburgh,  Kansas  City, 
Dallas,  Charlotte  and  Washington. 


Theatre  Intake  on 
Upswing  in  Charts 

(Continued  from  Pane  1) 

tion  picture  profits,"  says  Lewis,  "is 
the  direction  in  which  box-office  re- 
ceipts are  going.  If  they  are  up- 
wards, conditions  are  favorable  for 
marked  prosperity,  whereas  if  they 
are  downward,  it  is  extremely  diffi- 
cult for  most  companies  to  make  a 
profit.  Because  of  the  great  impor- 
tance of  this  factor,  we  have  built  up 
what  we  believe  to  be  the  first  index 
of  motion  picture  receipts  in  the 
United  States.  The  period  covered 
is  from  1928  up  to  the  present.  The 
average  quarterly  results  in  1928  are 
assumed  to  equal  100.  Only  cities 
have  been  included  which  are  free 
from  special  influence  affecting  box- 
office  receipts  of  theatres  used.  For 
instance.  New  York  City  had  to  be 
eliminated  for  the  reason  that  the 
opening  of  the  large  block  of  Rocke- 
feller Center  theatres  so  reduced  the 
patronage  of  other  midtown  houses 
as  to  destroy  their  value  as  an  index 
of  theatre  attendance." 


(Editor's  Note:  John  H. 
Lewis'  statement  that  his  box- 
office  index  is  "the  first"  is  not 
in  accordance  with  the  facts. 
Motion  Picture  Daily  has  been 
publishing  receipts  from  21  key 
cities  for  almost  three  years  and 
has  made  many  comparisons  based 
on  those   figures.) 


Chicago  Operators 
In  a  Federal  Probe 

(Continued  from  faqe  1) 

racketeering  by  Tom  Maloy,  head  of 
the  operators'  union  and  various  mem- 
bers of  the  local. 

The  Treasury  Department  is  also 
checking  into  the  Maloy  income,  but 
secrecy  surrounds  the  names  of  wit- 
nesses. 


Studios  Sign  Over 
50  Unknown  Players 

(Continued  from  fane  1) 
for     leading     roles     in     Charles     R. 
Rogers'  production  "Eight  Girls  in  a 
Boat,"   and    15   for   featured   roles  to 
appear  in  "Search  for  Beauty." 

Fox  is  second  in  the  running  with 
11  new  names.  Universal  follows  with 
10 ;  Warners  and  M-G-M  come  next 
with  seven  new  names  each.  Radio 
has  signed  four  unknown  players  and 
Columbia   has   signed   two. 


Seven  Houses  Quit 
Detroit's  Combine 

(Continued  from  fane  1) 

eral  manager,  is  under  fire  of  attack 
launched  by  Leon  Krim  of  the  Kramer, 
Lew  Kane  of  the  Mayfair  and  Al 
Ruttenberg  of  the  Iris.  All  former 
Mid-States  members,  they  are  no 
longer  and  charge  the  booking  com- 
bine is  forcing  them  out  of  business  by 
making  it  difficult  for  them  to  buy 
product. 

Brown,  incidentally,  is  retiring 
from  active  business  because  of  ill 
health  and  has  turned  operation  of  his 
six  houses  to  his  son,  Sam. 

"Carnival,"  a  Gaumont-British  pro- 
duction, will  be  the  initial  feature  at 
the  Mayfair,  which  finally  opens  its 
doors  Friday  night.  This  is  the  thea- 
tre run  by  Kane,  who,  with  Rutten- 
berg of  the  Iris,  is  suing  Mid-States. 
A  vaudeville  bill  also  will  be  shown. 


Halperin  in  Ohio  House 

Cincinnati,  Oct.  22. — Max  Hal- 
perin, former  city  manager  for  RKO 
here,  but  later  manager  of  the  Ford- 
ham,  New  York,  has  purchased  a 
part  interest  in  the  Beecher,  a  colored 
house  here. 

It  is  reported  that  Halperin  and 
his  associates  are  angling  for  other 
subsequent  run  spots  in  this  vicinity. 


AUied  Heads 
Gathering  for 
Chicago  Meet 


(Continued  from  fane  1) 
rates   procured  by  Aaron   Saperstein, 
local  Allied  chieftain. 

Among  early  reservations  received 
here,  and  indicating  the  size  of  the 
probable  influx  tomorrow,  are  Cleve- 
land's 30 ;  Pennsylvania's  25,  and 
Iowa's  30.  An  accurate  estimate  of 
attendance  was  not  possible  today,  al- 
though word  from  the  Congress  Hotel, 
mass  meeting  headquarters,  was  that 
reservations  have  been  coming  in 
slowly  and  in  modest  proportions. 

The  meeting  is  slated  to  receive 
Allied's  report  on  the  final  revision  of 
the  industry  code  and  will  seek  to 
enlist  support  for  Allied  objections  to 
it  from  both  exhibitors  and  public 
agencies  who  will  attend. 


Deputy  in  Effort  to 
Get  Code  Finished 

(Continued  from  fane  1) 
whose    report   has    not   yet   been   re- 
ceived. 

Indicating  that  Rosenblatt  expects 
to  have  the  code  off  his  mind  and  his 
desk  shortly  is  his  intention  of  going 
to  Atlanta  on  Oct.  30  to  address 
the  convention  of  the  Southeastern 
Theatre  Owners'  Association.  He  will 
speak  on  the  code. 

Details  of  those  portions  of  the 
code,  in  its  present  form,  to  which  ob- 
jections have  been  voiced  by  independ- 
ent groups  were  discussed  on  Satur- 
day by  Rosenblatt  with  Abram  F. 
Myers,  general  counsel  of  Allied,  as 
well  as  with  Jacob  Schechter,  attorney 
for  the  Federation  of  the  M.  P.  In- 
dustry, and  Mitchell  Klupt,  attorney 
for  the  Independent  M.  P.  Exhibitors' 
Code  Protective  Committee. 


Sound  Film  Rights 
Up  to  Appeal  Court 

Albany,  Oct.  22.— What  is  a  talk- 
ing picture  ? 

This  is  the  question  the  New  York 
Court  of  Appeals  must  answer  before 
it  can  hand  down  a  decision  in  the 
suit  of  the  Kirke  La  Shelle  Co. 
against  the  Paul  Armstrong  Co.  and 
Phelan  Beale,  all  of  New  York,  in- 
volving "Alias  Jimmy  Valentine," 
stage  hit  of  two  decades  ago,  which 
was  recently  converted  into  a  talkie. 
The  plaintiffs,  who  assert  they  were 
assigned  a  half  interest  in  the  play 
in  1921,  are  laying  claim  to  half  the 
price  brought  by  the  sound  screen 
rights,  which  were  sold  to  M-G-M  in 
1928  for  $15,000,  on  the  argument 
that  the  film  was  similar  to  the  stage 
work. 


Newman  Back  on  Job 

Seattle,  Oct.  22. — Frank  L.  New- 
man, Sr.,  president  of  Evergreen 
State  Theatres  Corp.,  has  just  re- 
turned to  his  local  headquarters  after 
an  absence  of  a  month.  During  his 
trip  he  conferred  with  F.W.C.  offi- 
cials in  Los  Angeles,  and  then  pro- 
ceeded to  New  York  for  two  weeks. 
He  returned  via  Spokane,  where 
Frank  L.  Newman,  Jr.,  is  city  man- 
ager for  Evergreen  houses. 


A  First  National  Picture 
Directed  hy  Mervyn  LeRoy 
Vitagraph,  Inc. ,  Distributors 


i^m  *•! 


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and  so  does 


He's  greater  than  in  "Fugitive"  in  this  next 
big  special  from    WARNER      RROS 


MOTION  PICTURE 

DAILY 


Monday,  October  23,   1933 


Stuart  to  Handle 
Arizona  Theatres 


(Continued  from  page  1) 
there  for  several  weeks,  after  which 
he  will  return  to  the  home  office. 

Stuart  returned  Saturday  from  De- 
troit. The  10  Publix  houses  there 
are  now  being  operated  by  George 
W.  Trendle  on  a  salary  and  percent- 
age basis  in  accordance  with  a  man- 
agement deal  recently  concluded  be- 
tween Trendle  and  the  Paramount 
trustees.  Publix  acquired  the  houses 
from   Trendle  about   four  years   ago. 


Price  Cuts  Stir  Up 
Worries  in  Denver 

{Continued  from  pane  1) 
slashes  will  force  subsequent  runs  to 
lower  their  tariffs. 

At  the  time  the  Orpheum  added 
F.  &  M.  stage  show  prices  were 
boosted  from  25,  30  and  40  cents  to 
35.  40  and  55  cents.  The  crowds  held 
up  the  first  three  weeks  and  turned  in 
more  than  double  the  usual  grosses. 
With  matinee  crowds  off  all  over  town 
the  matinee  price  was  cut  to  the  for- 
mer  25-cent   figure. 

With  "Solitaire  Man"  the  gross 
dropped  to  nearly  half  those  of  the 
former  three  weeks,  and  the  top  was 
lowered  to  the  former  40  cents,  thus 
avoiding  the  tax. 

Two  first  runs,  the  Denham  and 
Orpheum,  with  stage  shows,  are  get- 
ting the  same  prices,  25  to  40  cents, 
as  are  the  Aladdin  and  Paramount, 
which  have  organists  and  shorts  to  fill 
out  their  programs. 

The  Aladdin  and  Denver,  running 
"The  Bowery"  day  and  date  this 
week,  are  getting  different  prices  for 
top.  The  Aladdin  is  getting  40  cents, 
showing  the  feature,  shorts  and  a 
short  organ  number,  while  the  Denver 
is  getting  50  cents  for  the  feature, 
shorts,  an  organ  number  and  an  Indian 
dance.  The  Aladdin,  on  the  second 
night,  had  a  large  holdout,  while  the 
Denver  had  quite  a  lot  of  empty  seats. 

The  chief  theatres  in  Pueblo  and 
Colorado  Springs,  both  owned  by  the 
Westland  Theatre  Corp.,  have  low- 
ered their  top  from  40  cents  to  25 
cents.  F.  W.  C.  has  indicated  it  will 
not  change  prices.  In  the  Denver 
territory  it  has  competition  in  only 
two  locations. 


Two  Camera  Unions 
Call  Coast  Meetings 

Hollywood,  Oct.  22.  —  With  the 
A.S.C.  already  operating  under  an 
agreement  with  11  major  studios,  the 
society  is  contemplating  amendments 
to  this  agreement  and  has  called  a 
mass  meeting  of  all  members,  includ- 
ing second  cameramen,  assistants  and 
still  photographers.  It  will  hold  an 
open  discussion  on  problems  confront- 
ing each  branch  of  the  organization 
and  make  recommendations  that  will 
better  working  conditions,  which  in 
turn,  will  be  drafted  into  a  new  agree- 
ment with  producers. 

In  the  meantime,  the  camera  union 
has  called  a  mass  meeting  for  the 
same  night  the  society  holds  its  ses- 
sion. This  group  will  discuss  the  ac- 
tion to  be  taken  over  the  recent  studio 
strike  and  also  reveal  what  happened 
at  the  Washington  code  conference. 
This  looms  as  a  showdown  on  whether 
the  American  Society  of  Cameramen 
will    dominate    or    the    cameramen's 


Insiders^  Outlook 


(Continued  from  pane  2) 


on  tiieir  hands  either.  Rosen- 
blatt was  directly  responsible 
for  a  substantial  portion  of  the 
apparently  cock-eyed  accounts 
that  hit  the'wires  out  of  Wash- 
ington. The  deputy  was  under 
pressure.  Everyone  knew  it. 
His  usual  day  started  at  nine  in 
the  morning  and  ended  only 
when  the  hands  of  the  clock  had 
traversed  most  of  the  succeeding 
twenty- four  hours.  That  seemed 
little  excuse,  however,  for  the 
amazing  consistency  of  much  of 
the  information  gleaned  at  the 
regular  press  interviews  which  he 
had  decreed.  The  situation  was 
something  like  this : 

▼ 
Rosenblatt  ruled  he  would  not 
talk  between  or  after  press  inter- 
views. On  some  days,  he  met 
reporters  at  noon  and  again  at 
five.  On  vital  points,  more  often 
than  not,  he  had  nothing  to  say. 
Anything  that  developed  after 
five  was  like  playing  the  field  for 
the  men  covering  the  story. 
Rosenblatt  had  arbitrarily  ruled 
he  would  not  talk.  Why  call 
him  ?  Nobody  did  often.  When 
he  did  not  dodge  pivotal  ques- 
tions, he  was  brusque.  When  he 
wasn't  brusque,  he  was  inclined 
to  be  noncommittal.  When  he 
wasn't  noncommittal,  he  would 
make  statements  only  to  change 
them  the  next  day. 

▼ 
This  happened  when  the  ten 
per  cent  cancellation  clause  was 
agreed  upon.  The  deputy, 
pressed  for  specific  points  of  in- 
formation, made  the  unequivo- 
cal statement  that  the  cancella- 
tion was  flat  and  minus  strings 
of  any  description.  Checking  in 
with  exhibitors  that  night  caused 
many  eyebrows  to  raise.  There 
were  restrictions.  Plenty  of 
them,  it  appeared.  The  follow- 
ing day  Rosenblatt  conceded 
what  he  had  denied  the  night 
before.  He  waxed  indignant 
when  Motion  Picture  Daily 
tipped  highlights  of  the  word 
which  the  President  had  in- 
structed the  deputy  to  pass  on  to 
the  major  producers.  This  had 
to  do  with  curbs  on  high  sala- 
ries, the  right  to  buy,  protection 
of  small  enterprises.  The  indig- 
nation led  to  his  denial  that 
White  House   influence  had  any 


bearing  whatsoever  on  the  first 
recess.  At  least  two  dozen  men 
knew  otherwise. 

▼ 
When  Motion  Picture 
Daily  stuck  to  its  guns  and  in- 
sisted that  salaries  and  a  com- 
mission to  fix  them  were  tying 
the  producer  conferences  in 
knots,  Rosenblatt  again  made 
the  first  page  with  a  denial.  It 
was  "inspired  propaganda." 
Which  was  no  way  to  talk  about 
the  Chief  Executive.  In  the  last 
stages  of  a  grind  which  the 
assembled  trade  paper  men  on 
the  Washington  front  united  in 
describing  as  the  toughest  assign- 
ment ever  thrown  their  way,  the 
deputy  persistently  insisted  that 
he  "did  not  know"  when  the 
third  code  revision  would  be 
ready.  That  was  on  Monday  at 
five  o'clock.  Yet  at  midnight, 
two  copies  were  in  the  hands  of 
"several  people  who  counted." 
Tuesday  morning,  Rosenblatt  ap- 
parently  continued   in   the   dark. 

▼ 
What  he  did  not  count  upon 
— maybe  he  won't  know  it  until 
he  reads  this  —  was  that  the 
third  revision  was  being  thrown 
around  carelessly  in  the  press 
room  and  was  available  to  those 
who  "were  principally  inter- 
ested." At  five  o'clock  and  de- 
spite the  vast  indecision  of  the 
night  before,  the  third  drafts 
were  on  deck — enough  of  them 
to  take  care  of  all  hands.  Rosen- 
blatt then  admitted  that  the  revi- 
sion had  left  15  hours  earlier  by 
airmail  for  Chicago,  there  to  be 
scrutinized  by  Edward  N.  Hur- 
ley, NRA  labor  board  advisor. 

▼ 
While  the  deputy  was  certain 
that  the  ca.sh  penalty  provision 
aimed  at  those  who  encourage 
unreasonable  salaries  did  not 
conflict  with  the  NIRA,  else- 
where on  the  fourth  floor  of  the 
Commerce  Building  Administra- 
tor Johnson  was  telling  news- 
paper men  he  regarded  it  as 
"incompatible  with  the  law."  So 
it  ran  on  interminably  while  an 
industry  with  millions  at  stake 
was  being  dealt  conflicting,  con- 
stantly shifting  information  on 
a  situation  that  should  have  been 
full  of  daylight  but  was  not. 

KANN 


Para.  Buys  "Wolf*  Song 

Hollywood,  Oct.  22. — "Who's  Afraid 
of  the  Big  Bad  Wolf,"  the  hit  song 
from  Walt  Disney's  "Three  Little 
Pigs,"  is  continually  ringing  the  bill 
for  the  cartoon  producer. 

Paramount  is  the  latest  company  to 
purchase  the  right  to  use  the  ditty. 
The  Four  Mad  Marxes  will  warble  it 
in  "Duck  Soup." 

Disney  also  sold  the  privilege  to 
M-G-M  to  use  in  "Hollywood  Party," 
along  with  the  casting  of  "Three 
Pigs." 


Fox  Adds  "Masquerade" 

Hollywood,  Oct.  22. — "Masquer- 
ade," an  original  story  by  John  Rein- 
hardt  and  William  Kernell,  has  been 
put  on  the  Fox  Spanish"  production 
program.  Raul  Roulien  is  slated  for 
the  top  spot,  with  Reinhardt  getting 
the  directorial  job. 

"Conquistador,"  with  Jose  Mojica 
and  "Cardboard  City"  featuring  Cata- 
lina  Barcena,  are  two  more  Spanish 
talkers  scheduled  to  go  into  work 
within  a  week. 


Hollywood 
Personals 


Hollywood,  Oct.  22. 

LEONARD  FIELDS  and  David 
Silverstein  have  been  added  to 
"Manhattan  Love  Song"  as  a  "writer- 
director  team  (Monogram). 

Kay  Francis  has  recovered  from 
a  siege  of  makeup  poisoning,  and  is 
back  in  the  cast  of  "Mandalay" 
(Warners). 

Samuel  Hoffenstein  has  been  en- 
gaged by  Fox  to  do  the  screen  play 
of  "All   Men  Are  Enemies." 

Adrienne  Ames,  Jack  LaRue  and 
Roscoe  Karns  assigned  to  "Trumpet 
Blows"    (Paramount). 

William  Pawley  has  been  re- 
signed by  Fox  for  a  role  in  "Jimmy 
and  Sally." 

Clark  Gable  has  been  signed  for 
the  male  lead  in  "Night  Bus"  (Co- 
lumbia). 

Max  Baer  and  Mary  Carlisle 
added  to  the  cast  of  "Hollywood 
Party"     (M-G-M). 

Arthur  Hohl  and  Robert  Mc- 
Wade  grab  parts  in  "Hi  Nellie !" 
(Warners). 

May  Robeson  will  play  the  feature 
roll  in  "The  Witch  of  Wall  Street" 
(M-G-M). 

Robert  Nathan's  "One  More 
Spring"   has  been  purchased  by  Fox. 

Morgan  Wallace  spotted  in 
"Queen  Christina"    (M-G-M). 

Harry  Pollard  has  been  signed  to 
direct  "Five  Days"    (M-G-M). 

Helena  Phillips  goes  into  "Chry- 
salis"  (Paramount). 

Matt  McHugh  has  been  assigned 
a   role  in  "Hi,  Nellie"    (Warner). 


Massachusetts  Poli 
Price  Is  $875,000 

Springfield,  Mass.,  Oct.  22.  — 
Massachusetts  houses  of  the  Fox 
New  England  circuit  were  auctioned 
off  here  for  $875,000.  The  purchas- 
ers were  John  A.  MacNaughton  and 
W.  B.  F.  Rogers,  the  New  York 
attorneys  who  bid  in  the  Connecticut 
theatres  for  $2,226,000  earlier  in  the 
day. 

They  are  acting  in  behalf  of  an 
underwriters'  syndicate  headed  by 
Halsey,  Stuart  &  Co.  If  the  plan  is 
approved  by  Federal  Judge  Edwin  S. 
Thomas  on  Oct.  30,  S.  Z.  Poli  will 
head  a  new  company  to  take  over  the 
circuit. 


Hankin  Made  Warner 
Main  Line  Manager 

PirrsBURCH,  Oct.  22 . — A  last- 
minute  change  in  plans  brings  Sol 
Hankin,  formerly  of  the  Pittsburgh 
zone  but  more  recently  of  Milwaukee, 
back  to  town  as  Main  Line  district 
manager  for  Warners  instead  of 
Eddie  Moore,  as  announced.  With 
reopening  of  the  Park  in  JoRnstown, 
Moore    stays   there   as   city   manager. 

Hankin  has  been  succeeded  as  zone 
manager  in  Milwaukee  by  Dave 
Weshner.  He  takes  over  the  Pitts- 
burgh post  vacated  some  time  ago  by 
Gilbert  Josephson. 


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Again  the  on/y  company  to  do  it.  Grept...  Isn't  it?  Those  dates  will  be  met, 
too  ...  titles,  stories,  casts,  directors!  Because  the  FOX  studio  realizes  what 
definite  dates  mean  to  you  as  a  showman  and  a  business  man.  Sound  show- 
manship... that's  the  way  FOX  manpower  operates.  Going  steadily,  aggressively 
forward.  Minding  its  own  business  and  boosting  yours.  More  than  keeping 
its  promises  ...  by  taking  good  pictures  and  making  them  great ! 

Now... 


AIMED  AT  THE  3  BIGGEST 


THIRTEEN  pictures  specially  produced 
and  dated  for  the  holiday  and  winter 
season.  Check  over  each  one ... 


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What  do  you  say. 


RIGHL..Even 
stronger  than 
that  FOX  first 
quarter  smash 


And  it  takes  some  going  to  outshine  hits  like  "My  Weakness," 
"Berkeley  Square,"  "The  Power  and  the  Glory,"  "Dr.  Bull"  and 
"Paddy."  FOX  manpower  — "not  crowing,  just  growing" —  makes 
this  possible.  And  FOX  manpower  is  proving  daily  that  only 
such  an  organization  can  guarantee  you  consistently  great  product 
. . .  delivered  on  time.  Be  smart . . .  join  that  ever-swelling  group  of 
happy  FOX  exhibitors  ...  and  "Put  It  Here! 


II 


HOOPLA 

Released  Nov.  30th 

SMOKY 

Released  Dec.  8th 

I  WAS  A  SPY 

Released  Dec.  15th 

I  AM  SUZANNE! 

Released  Dec.  22nd 

MR.  SKITCH 

Released  Dec.  29th 

AS  HUSBANDS  GO 

Released  Jan.  5th 

7  LIVES  WERE  CHANGED 

Released  Jan.  12th 

HOUSE  OF  CONNELLY 

Released  Jan.  19th 

FRONTIER  MARSHAL 

Released  Jan.  26th 

FOX  MOVIETONE  FOLLIES 

Released  Feb.  2nd 

WOMAN  AND  THE  LAW 

Released  Feb.  9th 

ALL  MEN  ARE  ENEMIES 

Released  Feb.  16th 

STRANGER  IN  THE  NIGHT  * 

Released  Feb.  23rd 
"     -  *  Tentative  Title 


"^^f^  ^'"^ 


Printed  in  U.  S.  A. 


Monday,  October  23,    1933 


MOTION  PICTURE 

DAILY 


Cost  in  East 
Below  Coast, 
Says  LeBaron 


Hollywood,  Oct.  22. — Eastern  pro- 
duction costs  are  as  low,  or  lower, 
than  west  coast  costs,  according  to 
William  LeBaron,  Paramount  associ- 
ate producer. 

With  modern  improvements  in 
lighting,  he  says,  this  reason  for 
California  production  has  disappeared, 
and  the  only  reason  New  York  has 
not  developed  as  a  film  center  is  be- 
cause the  business  "cannot  be  moved" 
from   the   coast. 

LeBaron  asserts  records  at  the 
Paramount  studios  in  Astoria  under 
his  regime  revealed  that  "our  costs 
were  just  as  low  as  in  Hollywood — 
as  a  matter  of  fact,  a  little  lower." 

"New  York  gave  many  advantages," 
declares  the  producer.  "There  was 
the  proximity  of  plants  manufacturing 
items  needed  in  pictures.  The  ma- 
jority of  the  most  important  writers 
lived  there.  New  York  also  pre- 
sented an  opportunity  to  get  away 
from  shop  talk  and  motion  picture  at- 
mosphere. New  York  is  the  center 
of  film  distribution.  If  production 
could  be  centered  in  New  York,  effi- 
ciency  naturally   would  be   increased. 

Easier  to  Get  Talent 

"Production  in  New  York  makes  it 
easier,  less  expensive  and  sometime 
wholly  possible  to  secure  certain  tal- 
ent. Many  stage  stars  are  denied  ap- 
pearances on  the  screen  at  a  time 
when  they  are  'hot'  because  of  stage 
contracts.  Others  prefer  to  divide 
their  time  between  stage  and  screen. 
The  same  is  true  of  opera  stars,  while 
radio  personalities  either  have  to  be 
taken  after  they  have  completed  radio 
contracts — at  which  time  they  may 
have  faded  in  popularity — or  be 
brought  to  Hollywood  where  the 
studio  would  have  the  expense  of 
paying  for  line  charges  for  the  con- 
tracted radio  broadcasts  of  the  art- 
ists." 
_  It  is  LeBaron's  opinion  "the  ideal 
situation  for  film  production"  would 
be  the  maintenance  of  studios  both  in 
New  York  and  Hollywood.  Such  an 
arrangement,  he  holds,  would  make 
possible  "a  healthy  interchange  of 
workers"  and  prevent  staleness. 

"The  time  for  the  establishment  of 
such  a  policy  will  depend  on  the  re- 
turn of  excellent  business  and  the  pos- 
sibility of  major  companies  increasing 
their  output  by  about  20  pictures 
which  will  be  made  in  New  York. 
This  increase  will  be  the  only  chance 
for  two  studios,  since  any  cutting 
down  of  present  capacities  of  Holly- 
wood studios  by  transferring  a  por- 
tion to  New  York  would  cut  down 
the  efficient  and  economic  basis  on 
which  studios  now  are  geared." 


Chicago  Critics  to 
Cover  Opening  Here 

Critics  of  all  the  Chicago  dailies  will 
arrive  in  town  Wednesday  as  guests  of 
Warners  for  the  opening  of  "The 
World  Changes"  at  the  Hollywood. 

Another  opening  night  stunt  will  be 
the  use  of  a  radio  pencil  by  Paul  Muni 
to  send  a  message  to  Jack  L.  Warner 
at  the  theatre.  It's  a  new  invention 
from  the  Dumont  Laboratories  here. 


The  Hollywood  Parade 


.By  BILL  SWIGART. 


Hollywood,   Oct.  22. 

AFTER  considering  more  than  800 
suggested  titles  for  Jesse  Lasky's 
"Puppet    Show,"    caption    of    "I    Am 
Suzanne"   looms  as  the  possible  final 
selection.       And    speaking    of    titles, 
Paramount     has     changed     "Captain 
Jericho"   to   "Hell  and  High  Water." 
• 
William    Conselman   and   Irving 
CuMMiNGS,    author    and    director    of 
the    screen's     first    gangster    picture, 
"Dressed     to     Kill,"     were     reunited 
at    the    Fox    Hollywood    studio    with 
the  filming  of  "The  Mad  Game."  The 
new  opus  is  not  a  gangster  picture. 
• 

With  an  over-supply  of  beer  gar- 
dens and  three-point-two  beer  saloons 
making  a  play  for  the  thirsty  mob  of 
the  film  colony,  Arthur  Caesar's  big 
brother,  Irving,  is  said  to  be  backing 
an  elaborate  beer  grotto  established 
in  the  swanky  office  building  formerly 
occupied  by  the  defunct  Hughes- 
Franklin  theatre  headquarters. 
• 

With  the  cement  hardly  dry  on  the 
final  clip  of  their  initial  production, 
"Hell  and  High  Water,"  William 
Slavens  McNutt  and  Grover  Jones 
were  called  into  the  executive  cham- 
bers at  Paramount  where  a  new  con- 
tract was  signed  calling  for  three 
more  pictures,  all  to  be  written,  pro- 
duced and  directed  by  them. 
• 

Marcia  Ralston  could  not  endure 
the  absence  of  her  husband,  Phil 
Harris,  so  she  uo  and  asked  the  pow- 
ers that  be  at  M-G-M  to  grant  her 
a  30-day  leave  from  her  contract  that 
she  might  join  the  band  master  at 
the  College  Inn  in  Chicago.  She  got 
the   furlough. 

• 

William  Faversham  arrived  here 
from  Baltimore  after  enduring  har- 
rowing experiences  aboard  a  tramp 
steamer,  which  weathered  many  storms 
en  route  via  the  Panama  Canal.  Fa- 
versham says  he  plans  to  establish  a 
laboratory  theatre  for  the  develop- 
ment of  young  screen  players. 
• 

Sam  Jaffe  has  peddled  off  his  "Mad 
Dog  of  Europe."  It  has  been  be- 
fore Harry  Cohn.  .  .  .  King  Vidor's 
next  for  Radio  will  be  "The  Right  to 
Live".  ...  In  addition  to  her  Radio 
contract  salary.  Ginger  Rogers  will 
receive  $3,500  bonus  from  Charles 
Rogers  for  her  work  in  "Sitting 
Pretty".  .  .  . 

• 

Mae  West.  like  George  O'Brien, 
values  that  personal  contact  with  ex- 
hibitors throughout  the  country  by 
constantly  corresponding  with  them. 
These  are  the  only  two  screen  players 
known  to  be  taking  an  interest  in  the 
men  that  deliver  their  merchandise 
directly  to  the  consumer,  and  through 
an  interchange  of  ideas  are  better  able 
to  improve  and  give  the  public  what 
it  wants,  at  least  as  far  as  they  per- 
sonally are  concerned. 
• 

It  is  the  opinion  of  Maxwell 
Arno,  casting  director  at  Warners 
that  good  looking,  competent  leading 
men  are  more  scarce  now  than  ever 
before.  Warners  have  conducted  an 
intensive  search  for  young  leading 
men  within  the  past  three  months, 
with  six  signed  who  have  yet  to  make 
their  screen  debuts.  They  are  George 
Blackwood,     Phillip      Faversham, 


Theodore  Newton,  Donald  Woods, 
Phillip  Reed  and  Paul  Kaye. 

• 

BITS  OF  THIS  AND  THAT 

Unable  to  reach  Jimmy  Cagney,  a  fan 
magazine  writer  approached  Mrs. 
Jimmy  for  the  purpose  of  getting  the 
domestic  side  of  the  Warner  star's  life, 
but  Mrs.  Jimmy  put  thumbs  down, 
saying  that  she  always  lets  Jimmy  do 
the  talking  for  the  family.  .  .  .  Lew 
Cody  back  from  New  York  where  his 
transportation,  expenses  and  a  nice 
bonus  were  paid  for  one  broadcast  from 
a  New  York  studio.  .  .  .  John  Boles 
will  span  the  life  of  a  composer  who 
lives  100  years  in  his  forthcoming 
picture,  "Romance  of  Music,"  to  be 
directed  by  Victor  Schertzinger  for 
Universal.  .  .  .  Lya  Lys  is  using  every 
precaution  to  keep  her  real  name  a 
secret.  .  .  . 

• 

RATHER  UNUSUAL— Mk  and 
Mrs.  Gayne  Whitman  celebrate  their 
22nd  wedding  anniversary.  ...  Ed 
Wynn  started  to  write  a  book  on  the 
philosophy  of  a  fool  four  years  ago 
and  it  isn't  finished  yet.  Perhaps  he 
is  waiting  for  the  outcome  of  his 
proposed  broadcasting  chain.  .  .  .  Har- 
ry CoHN  looking  for  un  unknown 
who  can  be  made  a  star  in  one  pic- 
ture. .  .  .  Doris  Kenyon  has  been 
singing  around  the  local  radio  stations 
under  the  name  of  Margaret  Taylor 
and  now  that  she  has  found  the  re- 
ception highly  favorable  she  intends 
to  trek  to  New  York  for  a  worth- 
while ether  contract  under  her  own 
name.  .  .  .  Frances  Dee  and  Joel 
McRea  registered  protest  against 
Radio's  publicity  department  for  capi- 
talizing on  their  romance.  .  .  .  Bruce 
Cabot  is  being  labelled  the  Gable  of 
the  Radio  lot  and  he  doesn't  like  it 
VERY  much.  .  .  . 


Neth  Appeals 
For  a  Fight 
On  Ohio  Tax 


Trendle  Makes  Fast 
Changes  at  Detroit 

Detroit,  Oct.  22. — He's  back  on 
familiar  ground.  George  W.  Trendle 
who  took  over  management  of  the 
local  Publix  theatres  last  week,  has 
moved  the  general  offices  from  the 
Michigan  Theatre  Building  to  their 
former  quarters  in  the  Madison  Thea- 
tre Building,  where  they  were  under 
the  Kunsky-Trendie  regime. 

Trendle  has  named  Thomas  D. 
Moule  to  continue  as  supervisor  and 
booker  for  the  first  run  theatres.  L.  H. 
Gardner,  who  had  the  same  position 
with  the  old  Kunsky-Trendie  organi- 
zation, is  in  charge  of  the  outlying 
theatres. 

Howard  Pierce,  another  old  Trendle 
employee,  has  resumed  his  former  post 
of  production  head  and  advertising  and 
publicity  manager.  Pierce  is  assisted 
by  Sam  Rubin,  formerly  of  the  Publix 
publicity  department,  who  was  made 
manager  of  the  Fisher  when  Herschel 
Stuart  and  Terry  Turner  came  to 
Detroit.  S.  L.  Corbin,  former  man- 
ager of  the  Fisher,  has  been  reap- 
pointed to  that  job. 

Trendle  said  that  he  expected  to 
make  further  changes  within  a  short 
time.  Friday  will  be  opening  date  for 
all  new  shows.  He  will  end  smoking 
in  houses  where  it  is  now  permitted 
and  will  "have  the  show  on  the  inside 
instead  of  the  outside"  by  doing  away 
with  "gaudy  theatre  fronts." 


Columbus,  Oct.  22. — J.  Real  Neth 
has  addressed  an  appeal  to  exhibitors 
throughout  Ohio  asking  them  to  line 
up  behind  Pete  Wood,  business  man- 
ager of  the  MPTO,  in  an  effort  to 
secure  the  repeal  of  the  present  tax 
on  all  tickets  from  10  cents  up  when 
the  legislature  reconvenes  in  January. 

Speaking  as  an  independent  exhibi- 
tor, Neth  predicts  that  unless  exhibi- 
tors put  up  a  united  front  the  ticket 
tax  will  be  permanent.  A  pending 
constitutional  amendment  provides  for 
lowering  the  real  estate  tax  and  prob- 
ably will  result  in  the  imposition  of  a 
sales  tax,  he  says. 

A  movement  under  way  in  Cleve- 
land to  get  an  amendment  to  the  pres- 
ent tax  to  raise  the  ticket  exemptions 
to  20  or  25  cents  is  "utterly  ridicu- 
lous," he  asserts. 

"If  our  ranks  are  divided,"  Neth 
writes,  "every  exhibitor  in  Ohio  will 
continue  forever  to  pay  an  admission 
tax.  But  if  we  line  up  solidly  behind 
someone  who,  in  my  opinion,  has 
proven  by  past  performance  that  he 
has  the  interest  of  all  exhibitors  at 
heart,  we  can  relieve  ourselves  of  the 
present  obnoxious  tax.  The  present 
admissions  tax  is  due  to  the  dissen- 
sion which  occurred  among  our  mem- 
bers during  the   recent   session." 


Montgomery  Named 
U,  A,  Chicago  Head 

T.  C.  Montgomery  has  been  pro- 
moted by  United  Artists  to  succeed 
Eddie  Grossman  as  manager  of  the 
Chicago  exchange. 

J.  D.  Goldhar,  district  manager  for 
United  Artists  in  Cleveland,  Detroit, 
Indianapolis  and  Cincinnati,  has  had 
his  authority  extended  to  the  Chicago 
and  Milwaukee  districts.  S.  Horo- 
witz, district  supervisor  for  Kansas 
City,  Omaha,  Denver  and  St.  Louis, 
will  henceforth  also  have  the  United 
Artists  office  in  Minneapolis  under  his 
supervision. 


New  Warner  Men  Leave 

Warners  have  just  sent  three  new 
men  into  foreign  posts.  They  are : 
Ray  Price,  to  Peru ;  Joseph  G.  Mullin, 
to  Buenos  Aires,  and  Clifford  E. 
Almy,   to   the    Far    East. 


Hammons  Returning 

E.  W.  Hammons,  Educational  presi- 
dent, who  has  been  in  Hollywood  con- 
ferring with  studio  officials  for  the 
past  two  weeks,  is  due  back  in  New 
York  on  Wednesday. 


Penn.  Censor  on  Coast 

Hollywood,  Oct.  22.  —  Sam 
Schwartz,  chairman  of  Pennsylvania's 
censor  board,  is  in  town  getting  a 
ground  floor  view  of  how  good  and 
bad  pictures  really  can  be  made. 


Norma  Shearer  Sick 

Hollywood,  Oct.  22.  —  Norma 
Shearer  is  at  her  home  in  Santa 
Monica   with   an   attack   of   influenza. 


Ann  Harding  III 

Hollywood,    Oct.    22. — Ann    Hard- 
ing is  ill  at  her  home  with  influenza. 


A  NEW  STAR 
IS  BORN  i  ! 


With  MARGARET 

SULLAVAN 
JOHN  BOLES 


Wire  from  James  R.  Grainger 
from  studios  to  Home  Office: 


''Screened  Only  Yesterday  and  in  my 
opinion,  based  on  years  experience  with 
various  companies/  you  can  safely  guar- 
antee to  every  exhibitor  lucky  enough 
to  have  a  contract  with  Universal  that  it's 
the  finest  love  story  ever  screened  .  •  • 
Back  Street  compares  as  a  two-reel  com- 
edy to  Only  Yesterday  .  .  .  Have  never 
been  so  enthused  in  my  life  .  .  .  You  can 
immediately  set  in  time  in  all  the  houses, 
and  any  exhibitor  who  does  not  cash  in 
on  this  attraction  should  get  out  of  fhis 
business  immediately.  Margaret  Sullavan 
becomes  a  new  star — a  star  who  will  rank 
with  the  outstanding  stars  of  the  screen 
and  I  mean  the  biggest .  .  .  Boles  gives  a 
performance  that  is  almost  unbelievable 
.  .  .  Sincerely  feel  we  have  picture  that 
will  create  history  ...  A  woman's  picture 
based  on  a  human  story  that  is  always  a 
surefire  theme  ..." 


JOHN    M.  STAHL'S 

Greatest   Production    For   Universal 

93  feature  players  in  the  cast,  including  Edna  May  Oliver,  Billie  Burke,  Benita  Hume,  Onslow  Stevens, 
Reginald  Denny,  Jimmie  Butler,  Marie  Prevost,  Franklin  Pangborn.  Produced  by  Carl  -Laemmle,  Jr.  Sug- 
gested by  the  book  by  Frederick  Lewis  Allen.  Dialogue  by  William  Hurlbut.  Presented  by  Carl  Laemmle. 


14 


MOTION  PICTURE 

DAILY 


Monday.  October  23,    1933 


"Love,  Honor"  Tops 
Omaha  with  $12,000 


Omaha,  Oct.  22.— "Love,  Honor 
and  Oh,  Baby !"  with  a  Jay  C.  Fhppen 
unit  and  a  fan  dancer  on  the  stage 
shoved  the  Orpheum  gross  up  to  $12,- 
000  last  week,  thereby  topping  par  by 

$3,500.  ,       T>       J  • 

The    opening    bill    at   the    Brandeis, 
"\nn  Vickers"  and  "Melody  Cruise, 
reached  $6,000.  . 

Total  first  run  business  was  $>5U,o^o. 
Average  is  $26,750. 

Estimated  takings  for  the  week  end- 
ing Oct.  14: 

"ANN    VICKERS"    (Radio) 
"MELODY  CRUISE"   (Radio) 

BRANDEIS— (1,200),    20c-25c-35c.    7    days. 
Gross:    $6,000,    (Average,   $5,000.) 
"LOVE,    HONOR    AND    OH,    BABY" 

(Univ.) 
ORPHEUM— (3,000),       25c-35c-40c-50c,      7 
days.    Stage:    Jay    C.    Flippen    unit.    Gross: 
$12,000.    (Average     $8  50(M 

"NIGHT   FLIGHT"   (M-G-M) 
PARAMOUNT— (2,900),    25c-30c-3Sc-50c,    7 
days.   Gross:    $7,775.    (Average,   $7,500.) 
"SATURDAY'S    MILLIONS"    (Univ.) 

"LADIES    MUST    LOVE"    (Univ.) 
WORLD— (2,200)     25c-35c,   7   days.   Gross: 
$4,750.    (Average,    $5,750.) 

"AngeW  "Parade'' 
Get  Extended  Time 

Pittsburgh,  Oct.  22.— Although 
they  will  not  be  released  for  the  subse- 
quent stands  until  around  Thanksgiv- 
ing, both  "I'm  No  Angel"  and  "Foot- 
light  Parade"  have  been  given  ex- 
tended playing  time  all  over  the  Pitts- 
burgh territory. 

They  will  play  a  week  in  all  of  the 
two  ajid  three-day  theatres  and  in  sev- 
eral instances  the  time  is  even  longer 
than  that.  Before  these  two  pictures 
have  finished,  they  will  have  estab- 
lished local  records  for  playing  dates. 

"Footlight  Parade"  is  now  at  the 
Stanley,  while  "I'm  No  Angel"  opens 
at  the  Penn  this  week. 


yf 


Para.  Raises  Ante 
On  ''Bengal  Lancer 

Hollywood,  Oct.  22. — Paramount 
is  planning  an  unlimited  budget  for 
"Lives  of  a  Bengal  Lancer,"  slated 
to  start  about  Oct.  29. 

With  the  studio  figuring  on  road- 
showing  the  picture,  it  has  been  de- 
cided to  throw  in  all  available 
finances. 

Achmed  Abdullah  and  Waldernar 
Young  have  just  completed  the  script 
and  it  is  getting  studio  raves.  A 
search  is  now  on  for  the  lead  spot, 
Fredric  March  having  stepped  out  for 
a  previous  assignment  in  "Death 
Takes  a  Holiday." 


Monogram  to  Stress 
Exploitation  Angle 

Hollywood,  Oct.  22. — Monogram 
will  concentrate  on  exploitation 
angles  for  the  remainder  of  its  sea- 
son's product,  according  to  Trem 
Carr,  vice-president  in  charge  of 
production. 

"Entertainment  value  is  not 
enough,"  he  says.  "The  best  pic- 
ture in  the  world  won't  sell  without 
exploitation  value,  and  that  is  what 
wfc  intend   to  give  them." 


Columbus  House  Cuts 

CoLUMBU.s,  Oct.  22. — The  Royal, 
subsequent  run  house,  has  reduced 
its  admission  scale  from  15  to  10 
cents,  daily  including  Sunday. 


Looking  Over  the  Shorts 


"A  Divorce  Courtship" 

(RKO  Radio) 
Joseph  Cawthorne  as  a  judge  tries 
to  get  Harry  Gribbon,  a  magician, 
and  his  wife  to  call  off  divorce  pro- 
ceedings and  invites  them  over  to  his 
house  to  show  them  how  happily  mar- 
ried he  is  with  Mae  Busch.  A  new 
neighbor  starts  the  fireworks  in  the 
judge's  home  when  she  asks  to  use  the 
phone  and  later  calls  the  magistrate 
into  her  apartment  to  help  her  open  a 
cocktail  shaker.  Miss  Busch  walks 
out  on  the  judge  and  the  young  blonde 
neighbor  assumes  the  role  of  the  wife 
when  the  visitors  arrive.  Further  com- 
plications set  in  and  before  the  evening- 
is  half  over  the  three  wives  and  hus- 
bands decide  to  go  in  for  divorces. 
Had  a  neighborhood  audience  in 
stitches.    Running  time,    19  mins. 


"Open  Sesame" 

( Universal) 
Franklin  Pangborn  tries  to  sell 
Dorothy  Christy  a  country  estate  for 
her  husband,  Henry  Armetta.  Fred 
Kelsey,  as  a  private  detective,  but  in. 
thinking  he  is  picking  out  a  love  nest 
for  her.  Pangborn  decides  Armetta 
is  insane  and  complications  ensue. 
They  grew  acute  when  two  escaped 
lunatics  burst  into  the  picture.  It's 
slapstick,  but  was  good  for  a  number 
of  laughs  from  a  projection  room  audi- 
ence.   Running   time,   20   mins. 


"Russia  Today" 

iCarvcth  Wells) 
Carveth  Wells,  explorer,  offers  ex- 
hibitors something  of  real  merit  in 
this  record  of  Russian  life  under 
Soviet  rule.  The  film  chronicles  scenes 
on  a  journey  from  Leningrad  across 
Russia  to  Mount  Ararat.  Much  of  its 
interest  is  due  to  the  narrative  sup- 
plied by  Wells,  whose  humor  and  in- 
formal delivery  are  entertaining.  The 
picture  gives  many  sidelights  on  Rus- 
sia and  Russians  that  are  little  known 
outside  of  the  Soviet.  Running  time, 
42  mins. 


"Wonders  of  the  Tropics" 

{Principal) 
Penetrating  the  jungle  of  the  Ama- 
zon in  South  America,  this  short  cap- 
tures much  of  the  beauty  and  tragedy 
of  wild  life  in  the  jungle.  There  are 
several  moments  that  bristle  with  ex- 
citement. It  ought  to  be  first  rate  en- 
tertainment for  those  who  like  pictures 
of  this  type.    Running  time,  22  mins. 


"She  Done  Him  Righf* 

(  Universal) 
.\  "Pooch"  cartoon,  with  the  pup 
appearing  as  star  entertainer  in  a  beer 
garden.  In  the  course  of  a  series  of 
happenings  Pooch  rescues  Poodles 
from  the  villain  after  a  railroad  train 
collision  in  a  tunnel.  Running  time, 
7  mins. 


"Grand  Uproar" 

(Educational) 
Another  of  the  "Terry-Toon"  car- 
toons which  has  the  animated  creatures 
opera-minded.  Youngsters  generally 
will  like  the  way  the  animals  come  to 
the  theatre  and  how  they  treat  per- 
formers whom  they  don't  approve. 
Running  time,  7  mins. 


"City  of  the  Sun" 

(Monogram) 
In  the  heart  of  Africa  the  camera 
finds  Jaipur,  the  City  of  the  Sun, 
where  the  natives  lead  a  lazy  life 
and  those  who  work  engage  in  carv- 
ing ceramics  and  other  works  of  art. 
In  addition  to  depicting  the  life  of  the 
natives,  the  artistic  effect  of  the  coun- 
try is  established  in  a  number  of  its 
important     structures.  Deane     H. 

Dickason  gives  a  word  description  of 
the  country  and  this  aids  in  making 
the  number  interesting.  This  is  an- 
other of  the  "Port  O'  Call"  series 
produced  by  William  Pizor.  Running 
time,  9  mins. 


"The  Big  Benefit" 

( Universal) 
Something  new  in  screen  divertisse- 
ment and  sure  to  bring  favorable 
comment.  It's  the  third  in  a  series 
being  produced  by  Mentone  and  has 
a  number  of  juveniles  staging  a  bene- 
fit for  a  swimming  pool.  Each  im- 
personates a  well  known  actor  and 
later  the  player  being  mimed  comes 
to  the  screen.  Among  these  are  Bill 
Robinson,  Rae  Samuels,  Leon  Janney 
and  Bobby  Jordan.  Running  time, 
21   mins. 


"Be  Like  Me" 

(^Paramount) 
Ethel  Merman  sings  two  songs  in 
her  characteristic  style.  Her  power- 
ful voice  is  brought  out  clearly  in 
this  number.  She  warbles  "Be  Like 
Me"  and  "After  I'm  (jone."  The 
short  opens  in  a  Mexican  cafe  oper- 
ated by  the  singer.  The  captain  of 
the  marines  has  ordered  all  white 
women  to  return  to  America  that 
night,  but  he  makes  the  heroine's 
lover  stay  over.  She  learns  of  the 
scheme  and  promises  to  be  true  un- 
til her  hero  returns.  Running  time, 
10  mins. 


"On  the  Air  and  Off" 

(Universal) 
One  of  the  Mentone  productions 
with  plenty  of  laughs.  The  manager 
of  a  soap  factory  decides  to  go  in 
for  a  radio  advertising  campaign. 
They  tune  in  on  various  programs  and 
hear  Nick  Lucas,  Hizi  Koyke,  Leon 
Belasco,  Adelaide  Hall,  Eddie  Garr, 
Bovord  Sisters  and  Murray,  Sam  Lie- 
bert.  Lord  Oliver  Wakefield  and  Kel- 
vin   Keech.     Running    time,    19   mins. 


"The  Pied  Piper" 

{United  Artists) 
This  comes  pretty  close  to  being  a 
classic,  with  adult  as  well  as  child 
appeal.  It  is  based  on  the  Mother 
Goose  legend  and  done  in  Technicolor. 
Most  of  the  dialogue  accompanies  the 
music,  following  the  comic  opera  pat- 
tern, and  there  are  four  good  songs. 
Running  time,  7  mins. 


"Strange  As  It  Seems" 

{ Universal) 
The  mixture  of  subjects  is  inter- 
esting. They  include  a  duck-billed 
platypus,  a  three-eyed  lizard,  flying 
dogs,  cobras,  tarantulas,  and  an  arm- 
less man  who  throws  knives  with  his 
toes  at  a  young  woman.  Running  time, 
9  mins. 


"Love,  Honor"  Gets 
,000,  Des  Moines 


Des  Moines,  Oct.  22.  —  "Love, 
Honor  and  Oh,  Baby!"  put  the  Par- 
amount on  easy  street  last  week  with 
a  gross  of  $8,000,  over  par  by  $1,000. 
This  was  the  second  $8,000  week  for 
the  house. 

"Stranger's  Return"  was  also  $1,000 
up  with  a  take  of  $4,000  at  the  Gar- 
den, and  "Turn  Back  the  Clock"  was 
strong  at  $4,500  at  the  Strand. 

Total  first  run  business  was  $27,500. 
Average  is  $24,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  15: 

"LOVE,    HONOR   AND   OH,    BABY  " 

PARAMOUNT— (2,300),        10c-25c-50c,        7 
days.    Gross:   $8,000.    (Average,   $7,000.) 
"NIGHT   FLIGHT"    (M-G-M) 

DES  MOINES— (2,200),  10c-25c-35c,  7  days. 
Gross:  $6  000.   (Average,  $6,000.) 

"BUREAU   OF   MISSING  PERSONS" 
(F.  N.) 

ORPHEUM— (2,200),  10c-25c-3Sc,  7  days. 
Gross:    $5,000.    (Average,   $4,500.) 

"TURN  BACK  THE  CLOCK"  (M-G-M) 

STRAND— (1,900),  10c-25c-3Sc,  7  days. 
Gross:    $4,500.    (Average,   $4,000.) 

"STRANGER'S    RETURN"    (Fox) 

GARDEN— (1,300),  10c-15c-25c,  7  days. 
Gross:    $4,000.    (Average,    $3,000.) 


Pickets'  Sign  Gone; 
Arrest  Theatre  Man 

Milwaukee,  Oct.  22. — Manning  Sil- 
verman, operator  of  the  Murray,  Fern 
and  Park  theatres,  neighborhood 
houses  and  a  theatre  in  Kenosha,  has 
been  charged  with  larceny  of  a  union 
picketing  sign  valued  at  $5  and  with 
contributing  to  the  delinquency  of  a 
16-year-old  boy. 

Operators'  Local  164  has  been  pick- 
eting the  Murray.  Silverman  is 
charged  with  sending  the  boy  em- 
ployed by  him  to  remove  the  sign  from 
a  hall  where  it  was  kept,  and  it  is 
alleged  that  he  then  destroyed  it.  Sil- 
verman denied  any  knowledge  of  the 
alleged  incident.  He  his  been  em- 
ploying operators  affiliated  with  Inde- 
pendent M.  P.  Operators'  Union, 
Local  No.  110. 


"Tango"  Game  in  Seattle 

Seattle,  Oct.  22. — "Tango"  games, 
which  have  been  distressing  to  ex- 
hibitors in  southern  California,  are 
just  beginning  to  appear  in  this  city. 
They  are  being  advertised  as  "Hiolly- 
wood  Skill  Ball." 

The  first  game  to  open  here  has 
already  been  closed  by  local  authori- 
ties as  a  gambling  game,  but  four 
other  leases  on  downtown  stores  have 
been  signed  by  other  operators  who 
are  planning  to  fight  the  gambling 
charge. 


Roach  Orders  Air  Travel 

Hollywood,  Oct.  22. — Hal  Roach 
has  decreed  that  all  east-west  business 
jaunts  of  the  future  will  be  by  the  air- 
lines. 

This  was  decided  by  the  producer 
following  the  return  from  New  York 
of  Henry  Ginsberg,  studio  manager, 
who  completed  the  trek  in  seven  days, 
which  included  a  four-day  conference 
with  distribution  officials  in  New 
York. 


DeMond  Joins  Monogram 

Hollywood,  Oct.  22.— Albert  E. 
DeMond,  author  of  the  Monogram 
feature,  "The  Sphinx,"  has  been 
signed  to  do  the  screen  adaptation 
on  "The  Ape,"  for  that  studio.  Adam 
Hull  Shirk  authored  the  stage  play. 
George  Berthelon  will  supervise  the 
production. 


IT 


Let's  think 


PICTURE    BUSINESS 


The  codifiers  codificate,  but  some  fourteen  thousand  theatres 


are  much  more  concerned  about  filling  a  few  million  seats. 


.  .  .  Double  bills  or  single  bills  .  .  .  this  or  that  .  .  .  there 


are  365  playing  days  ahead  and  they  do  deserve  attention. 


.  .  .  Let's  think  picture  business  instead  of  code  .  .  .  and 


let  the  committees  write  the  code.   New  product  needs  much 


more  attention  .  .  .  and  it  is  going  to  get  that  attention  in 


th 


e  annua 


NEW    PRODUCT 

number  of 

MOTION    PICTURE   HERALD 

COMING 

IN    THE    ISSUE    OF    OCTOBER    28 


16 


MOTION  PICTVRE 

DAILY 


Monday,  October  23,   1933 


"Bowery"  Is 
Hit,  $18,000 
In  Cleveland 


Cleveland,  Oct.  22.— What  "The 
Bowerv"  did  at  the  State  last  week 
will  keep  tongues  wagging  here  for 
some  time.  The  take  of  $18,000  was 
just  three  times  the  normal  $0,UUU, 
and  that's  enough  to  get  any  show- 
man excited  these  days. 

Vaudeville  came  back  to  the  KKU 
Palace,  with  "Ann  Vickers"  on  the 
screen  and  the  gross  was  $18,500. 
"Dinner  at  Eight."  with  a  $1.50  top, 
was   good   for  $10,000. 

Total  first  run  business  was  $73,- 
600  \verage,  without  the  RKO  Pal- 
ace  is  $31,000. 

Estimated  takings  for  the  week 
ending    Oct.    13: 

"LOVE,   HONOR  AND   OH,   BABY" 
(Univ.) 

ALLEN— (3,300),      20c-30c-40c,      7      days. 
Gross:    $3,500.       (Average,    $3,000.) 
"OBEY    THE    LAW"    (Col.) 

HIPPODROME^(3.800).  35c-44c-60c,  7 
days.  Stage:      Mills      Brothers.     Colette 

Lyons.    Davey    &    Peggy.    Bob    Ripa.    Floyd 
Christy    &   Co.    Gross:    $16,500.       (Average, 

"W1U>   BOYS   OF   THE   ROAD"    (F.   N.) 

WARNER'S    LAKE-(800).    30c-35c-44c,    / 
davs        Gross:    $3..^00.       (Average.    $3,500.) 
"ANN     VICKERS"     (Radio) 
RKO     PALACE— (3,100).     30c-40c-60c-75c, 
7    days.       Stage:    Morton    Downey.    Watson 
Sisters.    Joe    &    Pete    Michon,    Gracella     & 
Theodore.    Four    Ortons.       Gross:    $18,500. 
"THE   BOWERY"    (U.   A.) 
STATE— (3.400).       .■iOc-35c-44c.       7       days. 
Gross:     $18,000,         (Average.     $6,000.) 
"BEAUTY    FOR    SALE"    (M-G-M) 
"IMPORTANT  WITNESS"    (Tower) 
STILLM.\N— (1.900),    20c-.30c-40c.    7    days. 
Gross:    $3,800.        (Average,    $4,000.) 


"Vickers"  $6,500 
Hit,  Indianapolis 

Indianapolis,  Oct.  22.  —  "Ann 
Vickers"  ran  away  with  the  big  busi- 
ness here  last  week,  grabbing  $6,500 
at  the  Circle  and  topping  the  normal 
gross   for    the   house   by   $3,000. 

"Night  Flight"  reached  $6,000,  up 
by  $1,500,  at  the  Palace. 

Total  first  run  business  $25,000.  Av- 
erage  is   $20,500. 

Estimated     takings     for     the    week 
ending    Oct.    12: 
"THE  POWER  AND  THE  GLORY"  (Fox) 

APOLLO— (1,100).  25c-40c,  7  days.  Gross: 
$2,500.    (Average.   $2,500.) 

"ANN  VICKERS"  (Radio) 

CIRCLE— (2.800),  25c-40c,  7  days.  Gross: 
$6,500.    (Average.    $3,500.) 

"TORCH  SINGER"   (Para.) 

INDIANA— (3,300),  2Sc-55c,  7  davs.   Stage 
show.  Gross:  $10,000.   (Average.  $10  000.) 
"NIGHT   FLIGHT"    (M-G-M) 

PALACE— (3,000).  25c-40c,  7  days.  Gross: 
$6,000.    (Average,   $4,500.) 


Try  First  Runs  at  15c. 

Pedwood  City,  Oct.  22. — First  runs 
at  15  cents,  all  seats,  any  time,  are 
soon  to  be  launched  by  the  Redwood, 
operated  by  Phil  Frease  and  Leslie 
Jacobs.  Among  first  runs  contracted 
for  are  Universal,  Columbia  and  Mon- 
ogram. Second  runs  will  be  sand- 
wiched in  from  time  to  time.  The 
house,  recently  built,  seats  under  600. 


Burkhardt  to  Warners 

Hollywood.  Oct.  22. — Robert  Burk- 
hardt. formerly  with  the  local  Fox 
publicity  department,  has  joined  the 
Warner  publicity  department  to  work 
on  production  and  to  write  personality 
build-up  features. 


"Footlighf'  Makes  a  Hit 
On  Broadway  at  $55^190 


A  Couple  of  Swedes 

Hollywood,  Oct.  22.— Believe 
it  or  not,  the  two  boys  who 
penned  the  song,  "It's  the 
Irish  in  Me,"  for  Fox's  "Jim- 
my and  Sally,"  are  both 
Swedes.  Their  names  are  Jay 
Gorney  and   Sidney   Claire. 


Providence  Houses 
Bumped  by  Parades 

Providence,  Oct.  22. — Grosses  here 
were  none  too  hot  during  the  vveek 
with  parades  and  civic  celebrations 
drawing  customers  away  from  theatres. 

The  RKO  Albee,  which  inaugurated 
its  vaudefilm  season  with  Paul  White- 
man  as  a  stage  offering,  did  the  best 
comparative  business,  catching  $7,000 
for  six  days.  The  Majestic  was  about 
average,  taking  in  close  to  the  $7,000 
mark  for  the  usual  seven-day  run. 
Loew's  dropped  off,  peculiarly  enough, 
with  a  fine  show,  "Night  Flight," 
garnering    only   $9,000. 

Fay's  had  a  fair  week  with  Marie 
Provost  topping  the  vaudeville  and 
"The  Narrow  Corner"  as  the  picture. 
Paramount  caught  a  par,  $6,500. 

Grosses  for  the  week  totalled  $37,- 
200.  Average  business  is  $40,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  12: 

"NIGHT    FLIGHT"    (M-G-M) 

LOEW'S  STATE— (3,800),  lSc-40c,  7  days. 
Stage:    Ralph    and    (Dlsen;    Joe    Browning; 
Pops  and  Louie;  Abbott  and  Bisland;  Helen 
Carlson.  Ooss:  $9,000.   (Average,  $12,000.) 
"THE  NARROW  CORNER"  (F.  N.) 

FAY'S— (1,600),     15c-40c,     7    days.     Marie 
Provost    and    Eddie    Pardo    topping    stage 
bill.   Gross:   $6,500.    (Average,   $7,000.) 
"CAPTURED"  (Warners) 
"MY   WEAKNESS"    (Fox) 

MAJESTIC— (2,400),        15c-40c       7      days. 
Gross:    $7,000.    (Average,   $7,000.) 
"MY   WOMAN"    (Col.) 

RKO  ALBEE— (2,300),  15c-40c,  6  days. 
Paul  Whiteman  and  revue  on  stage.  Gross: 
$7,000.    (Average,   $7,000.) 

"GOLDEN    HARVEST"    (Para.) 
"SING.   SINNER.    SING"    (Allied) 

PARAMOUNT— (2.300),  15c-40c,  7  days. 
Gross:    $6,500.    (Average,   $6,500.) 

"NEIGHBORS'    WIVES"    (Syndicate) 

RKO  VICTORY— (1.600),  10c-25c,  4  days. 
Gross:    $1,200.    (Average,    $1,000.) 


More  Evergreen  Men 
Shifted  by  Newman 

Spokane,  Oct.  22. — More  changes 
are  being  made  in  the  Evergreen  The- 
atre organization,  Frank  L.  New- 
man, Jr.,  manager,  announces.  E.  R. 
Rose,  assistant  manager  of  the  Fox. 
is  going  to  Seattle  to  join  H.  D.  Mc- 
Bride,  who  left  the  Fox  here  to  re- 
open the  Orpheum  there. 

Al  Baker,  named  as  manager  of  the 
Fox,  Seattle,  is  still  in  the  hospital 
recovering  from  an  operation.  Robert 
Moore,  who  was  assistant  to  New- 
man in  the  management  of  the  Coli- 
seum and  Paramount  in  Seattle  and 
recently  has  been  assistant  at  the 
Roxy  in  Seattle,  will  be  assistant 
manaeer  at  the  Fox. 

Earl  Hunt,  chief  artist  of  the  or- 
ganization here,  has  been  transferred 
to  Seattle  and  Paul  Scott  promoted  to 
fill  his  place. 


"Footlight  Parade"  lived  up  to 
opening  week  expectations  at  the 
Strand  by  garnering  $55,190,  with  one 
exception  the  biggest  gross  on 
Broadway. 

Top  money  went  to  the  RKO 
Music  Hall  as  usual,  but  the  take  of 
$65,014  on  "Dr.  Bull"  was  nearly 
$30,000  under  the  previous  week's 
gross  on  "Ann  Vickers." 

"Night  Flight,"  helped  by  a  strong 
stage  show  at  the  Capitolj,  took  $52,- 
506,  and  "Torch  Singer"  jumped  the 
Paramount  gross  to  $52,000.  "Dinner 
at  Eight"  held  up  to  $16,344  in  its 
seventh   week  at  the  Astor. 

Estimated  takings : 

Week  Ending  Oct.  11: 

"BERKELEY  SQUARE"   (Fox) 

GAIETY— (808),  55c-$1.65,  4th  week.  7 
days.        Gross:    $8,000. 

"I    LOVED    A    WOMAN"    (F.    N.) 
(Second  Run) 
HOLLYWOOD— (1,545),    25c-85c,    7    days. 
Gross:    $7,939. 

"DR.    BULL"    (Fox) 
RKO   MUSIC   HALL— (5,945).   35c-$1.65,   7 
days.   Stage   show.  Gross:  $65,014. 

"FOOTLIGHT    PARADE"     (Warners) 
STRAND— (2,000),  35c-$1.25,  7  days.  Gross: 
$55,190. 

Week  Ending  Oct.  12: 
"MY   WEAKNESS"    (Fox) 

CAMEO— (549),  25c-40c,  7  days.  Gross: 
$1,636. 

"NIGHT   FLIGHT"    (M-G-M) 

CAPITOL— (4,700),  35c-$1.65,  7  days. 
Stage:  Al  Tiahan,  John  Fogarty,  Ted 
Healy  Enrica  &  Novello,  Pasquali  Bros, 
and   others.    Ooss:   $52,506. 

"BUREAU    OF    MISSING   PERSONS" 
(F.  N.) 

PALACE— (2,500),  25c-75c,  7  days.  Stage: 
York  &  King.  Lilian  Miles,  Roy  Smeck  and 
others.    Gross:    $10,265. 

"TORCH  SINGER"  (Para.) 

PARAMOUNT— (3,700),    35c-99c,    7    days. 
.Stage:     Sally     Rand,     Milton     Berle,     Lowe, 
Burnoff  &  Wensley,  Vivian   Hanis,   Gordon, 
Reed    &    King.    Gross:    $52,000. 
"DELUGE"    (Radio) 

RIALTO- (2,200),  40c-65c,  7  days.  Gross: 
$8  500. 

"CHARLIE   CHAN'S  GREATEST  CASE" 
(Fox) 

ROXY— (6,200),  25c-55c,  7  days.  Stage: 
Boby  Sanford's  "Show  Boat"  revue,  and 
others.    Gross:    $26,500. 

Week  Ending  Oct.  13: 
"S.    O.    S."    ICEBERG"    (Univ.) 

CRITERION— (850).  55c-$L65,  3rd  week, 
6   davs.    Gross:    $4,200. 

"POWER    AND    THE    GLORY"    (Fox) 

(Four    Days) 

"MY    WEAKNESS"    (Fox)    (Three    Days) 

RKO  ROXY— (3,700),  25c-55c,  7  days. 
Gross:   $10,732. 

Week  Ending  Oct.  15: 

"DINNER    AT    EIGHT"    (M-G-M) 

ASTOR— (1.012).     S5c-$1.65,     7th     week,     7 

day.s.    Gross:    $16,344, 

"THE   GOOD   COMPANIONS"    (Fox) 
MAYFAIR— (2,300),       3Sc-85c        7      days. 

Gross:    $7,500. 

Week  Ending  Oct.  17: 
"THE  BOWERY"  (U.  A.) 

RI  VOLT— (2,200),  35c-99c,  2nd  week,  7 
days.   Gross:   $39,000. 


» 


Hartford  Going  for 
"Three  Little  Pigs 

Harttord.  Oct.  22. — Walt  Disney's 
"Three  Little  Pigs"  has  taken  this 
town  by  stortn.  For  three  weeks  it 
has  been  helping  to  pack  crowds  into 
the  Fox-Poli,  Capitol  and  Palace  the- 
atres. 

The  short  came  here  with  "Tugboat 
Annie"  and  played  a  week  at  the 
Capitol.  It  was  then  shifted  with  the 
feature  to  the  Palace.  This  week  it 
was  brought  back  again  by  Manager 
J.  C.  Brennan  of  the  Capitol,  Bren- 
nan  calls  it  "astounding." 


"Power''  and 
"Bowery''  Big 
Denver  Hits 


Denver,  Oct.  22. — Some  remarkable 
grosses  were  chalked  up  here  last 
week  following  a  15-cent  cut  to  get 
under  the  tax  and  the  arrival  of  two 
strong  attractions. 

"The  Power  and  the  Glory"  piled 
up  a  remarkable  1 14,000  at  the  Or- 
pheum, above  par  by  $5,500. 

"The  Bowery,"  running  day  and 
date  at  the  Aladdin  and  the  Denver, 
had  so  many  standouts  that  the  gross 
was  more  than  double  average,  or 
$6,500,  at  the  Aladdin,  and  it  reached 
$9,000,  up  by  $3,000,  at  the  Denver. 

"Too  Much  Harmony,"  held  over 
for  three  days  at  the  Denham,  with 
"To  the  Last  Man"  to  finish  the  week, 
still  filled  this  house  and  gave  it  a 
gross  a  little  short  of  double  average. 

Total  first  run  business  was  $43,000. 
Average  is  $26,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  19: 

"THE    BOWERY    (U.   A.) 

ALLADIN  —  (1,500),  25c-40c,  7  days. 
Gross:  $6,500.     (Average,  $3,000.) 

"TOO  MUCH   HARMONY"    (Para.) 

DENHAM-(1,500),     25c-30c-40c,     3     days 
holdover;  and  stage  show.    Gross:  $5,000. 
"TO  THE   LAST  MAN"   (Para.) 

DENHAM— (1,500),  25c-30c-40c,  4  days. 
Stage  show.  (>oss:  $4,000.  (Average  for 
week,  $5,000.) 

"THE  BOWERY"  (U.  A.) 

DENVER-(2,500),     25c-35c-50c,     7     days. 
Gross:     $9,0C0.      (Average,    $6,000.) 
"THE  POWER  AND  THE  GLORY"  (Fox) 

ORPHEUM— (2,600),  25c-35c-40c,  7  days. 
Stage;  Fred  Schmitt  and  orchestra.  Gross: 
$14,000.     (Average,  $8,500.) 

"STAGE  MOTHER"   (M-G-M) 

PARAMOUNT— (2,000).  25c-40c-  7  days. 
Gross:   $3,500.     (Average,   $3,500.) 


"Beauty"  Grosses 
$12,000,  Montreal 

Montreal,  Oct.  22. — "Beauty  for 
Sale"  sent  Loew's  away  out  front  last 
week  with  a  take  of  $12,000.  This 
beats  normal  by  $1,500.  A  strong 
stage  show  helped. 

"Torch  Singer"  and  "Tomorrow  at 
Seven"  pulled  $10,000  to  the  Capitol, 
above  par  by  $1,000,  and  the  Princess 
was  also  strong  at  $7,000  with  "Brief 
Moment"  and  "Narrow  Corner." 

"Too  Much  Harmony"  was  weak  at 
the  Palace  with  a  take  of  $9,500. 

Total  first  run  business  was  $40,900. 
Average    is   $39,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  13: 

"TORCH    SINGER"    (Para.) 
"TOMORROW  AT  SEVEN"  (Radio) 
CAPITOI^(2,547),  25c-35c-50c-60c   7  days. 
Gross:  $10,000.   (Average,  $9,000.) 

"NU   COMME   UN   VER"   (French) 
IMPERIAI^(1,914),       25c-3Sc-50c-60c,       7 
days.  Gross:  $2,400.   (Average,  $2,000.) 
"BEAUTY    FOR    SALE"    (M-G-M) 
LOEWS— (3,115),      25c-35c-50c-6Sc-75c,      7 
days.  Stage  show.  Gross:  $12,000.   (Average, 
$10,500.) 

"TOO  MUCH   HARMONY"   (Para.) 
PALACE— (2,600),     25c-35c-50c-60c-75c-85c, 
7  days.  Cross:  $9,500.   (Average.  $11,000.) 
"BRIEF   MOMENT"   (Col.) 
"NARROW   CORNER"    (Warners) 
PRINCESS-(2,272),       2Sc-35c-50c-60c,       7 
days.  Gross:  $7,000.  (Average,  $6,500.) 


Everitt  Joins  Warners 

Hollywood,  Oct.  22.— Tom  Everitt. 
nephew  of  Sam  Everitt,  of  Double- 
day  Doran  &  Co.,  has  arrived  in 
Hollywood  to  begin  a  writer's  contract 
with  Warner  Brothers. 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  97 


NEW  YORK,  TUESDAY,  OCTOBER  24,  1933 


TEN  CENTS 


^U''  to  Seek 
Court  Aid  on 
Kansas  Cuts 


Grainger  Orders    a  Suit 
Over  ''Oh,  Baby" 


Kansas  City,  Oct.  23. — James  R. 
Grainger,  general  sales  manager  of 
Universal,  has  instructed  the  Kansas 
City  exchange  to  file  suit  ag;ainst  the 
Kansas  censor  board  to  test  its  author- 
ity in  cutting  "Love,  Honor  and  Oh, 
Baby." 

Grainger  contends  the  censors 
placed  too  vivid  an  interpretation  on 
dialogue  and  plot. 

The  censor  board  chairman  says 
Universal  had  accepted  alterations  and 
has  been  showing  the  picture  in  Kan- 
sas. The  censors  say  no  formal  legal 
action  has  been  started,  but  that 
Universal  has  advised  the  board  a 
court  test  is  planned. 

For  some  time  the  impression  has 
gained  ground  that  the  Kansas  censors 
were   easing   up   on  their   restrictions. 

(Continued  on  pape  6) 


Big  Circuits  Want 
To  Buy  Poli  Group 

Hartford,  Oct.  23. — Louis  M. 
Sagal,  formerly  aide  and  managing 
director  of  the  Poli  circuit  during  the 
receivership,  today  revealed  that  since 
the  purchase  last  week  of  the  bonds 
and  houses  by  a  group  controlled  by 
S.  Z.  Poli,  several  national  circuits 
have  approached  Poli  on  a  deal  to 
take   over   the    18   houses. 

Sagal  would  not  disclose  the  names 
(Continued  on  paae  6)  ■ 


Pittsburgh  Agog 
Over  Moloney  Fete 

Pittsburgh,  Oct.  23.- — This  town 
was  still  talking  today  about  the 
Variety  Club  banquet  given  in  honor 
of  John  Maloney,  outgoing  president, 
at  the  William  Penn  Hotel  here  Sun- 
day night.  Among  the  record  crowd 
of  600  were  many  personalities  high 
in  political  and  amusement  circles. 

Representatives  of  the  amusement 
field  on  hand  included  Felix  Feist  and 
W.  F.  Rogers  of  M-G-M,  Jules  Levy 
(Continued  on  pane  6) 


Coast  Studios  Have 
59  Films  Shooting 

HoiXYw:ooD,  Oct.  23. — Production 
is  still  above  normal  with  a  total  of 
59  features  in  work,  35  editing  and 
45  in  the  final  stages  of  preparation 
ready  to  swing  into  work  within  the 
(Continued  on  page  6) 


Code  l^i«^^vig 
Plea  Is  Voiced 
By  Kuykendall 


'Nothing    to  Fear," 
Tells  Tri-States 


He 


Memphis,  Oct.  23. — Acceptance  and 
observance  of  the  industry  code  was 
urged  upon  members  of  the  Tri-States 
Exhibitors'  Ass'n  today  by  Ed  Kuy- 
kendall, president  of  the  M.P.T.O.A., 
at  the  opening  of  the  annual  conven- 
tion. 

"Those  of  us  who  are  on  the  up 
and  up  have  nothing  to  fear  from  the 
code,"  declared  Kuykendall.  "It  may 
not  suit  us  entirely,  but  we  can't  ex- 
pect it  to.  Remember,  there  will  be  a 
grievance  committee  to  which  you  can 
take  your  troubles. 

"Give  me  a  fair  grievance  committee 
in  every  community  and  I  won't  worry 
about  the  code,  or  anything  else." 

Practically  the  entire  morning  ses- 
sion was  devoted  to  discussion  of  the 
code  by  Kuykendall  and  to  his  an- 
swers to  questions. 

H.  D.  Wharton  of  Warren,  Ark., 
(Continued  on  pane  3) 


Canadians  Awaiting 
Action  on  NRA  Code 

Toronto,  Oct.  23. — Canadian  film 
executives  have  been  anxiously  await- 
ing the  decision  of  the  industry  in  the 
United  States  with  regard  to  the 
NRA  code.  The  adoption  of  a  code 
plan  will  not  directly  affect  exchanges 
and  theatres  in  the  Dominion,  but,  at 
the  same  time,  there  is  the  promise  of 
a  convention  in  Toronto  to  work  out 
a  code  for  the  Canadian  trade  after 
the  decision  has  been  reached  at 
Washington. 

Canadian  executives  hope  to  dis- 
solve the  problem  of  double-feature 
programs,  among  other  things,  in  the 
adoption  of  a  private  code. 


Feld  Quitting? 

Katz  Says  'No' 

The  daily  grist  of  rumors 
of  resignations  and  changes 
in  the  New  York  end  of  the 
industry  yesterday  included 
Milton  H.  Feld,  formerly  in 
charge  of  de  luxe  theatre  op- 
erations for  Publix,  later  the 
"feld"  of  Chatfeld  Theatres 
and  now  one  of  the  leading 
lights  of  Monarch  Theatres. 

Sam  Katz,  who  maintains  a 
"fatherly"  interest,  at  least, 
in  the  latter  company,  en- 
tered  a  denial. 


Indies  Seek 
Statement  on 
Legal  Rights 


Independent  producers  and  distribu- 
tors, grouped  under  the  bannec  of  the 
Federation  of  the  M.  P.  Industry,  are 
apparently  concerned  over  a  definition 
of  what  their  legal  rights  may  or  may 
not  be  under  the  code  and  are  seeking 
clarification  by  inclusion  of  a  clause  in 
the  document  so  stating  the  point,  ac- 
cording to  Jacob  Schechter,  attorney 
for  the  Federation,  who  returnfed  from 
Washington  yesterday. 

"We  asked  the  administrator" — re- 
ferring to  Sol  A.  Rosenblatt — "whether 
the  jurisdictional  phases  of  the  code, 

(Continued  on  pane  3) 


Court  Stay  Sought 
On  Milwaukee  Union 

Milwaukee,  Oct.  23. — The  Inde- 
pendent M.  P.  Operators'  Union, 
Local  No.  110,  has  asked  a  circuit 
court  injunction  restraining  I.A.T.S.E. 
Local  No.  164  from  interfering  with 
patrons  attending  theatres  employing 
independent  operators.  A  hearing  will 
(Continued  on  paae  3'/ 


About  300  at  Allied's 

Meet;  Course  Not  Fixed 


Chicago,  Oct.  23.— More  than  300 
exhibitors,  mostly  from  the  Middle 
West,  will  give  the  code  their  per- 
sonal consideration  tomorrow  at  the 
Allied  mass  meeting,  which,  accord- 
ing to  leaders,  has  no  set  program, 
but  is  aimed  at  placing  directly  in 
exhibitors'  laps  Allied's  future  code 
action. 

Abram  F.  Myers,  who  arrived  yes- 


terday, declared  there  was  no  pro- 
gram. "We  have  been  living  so  close 
to  code  problems  for  months  that, 
frankly,  we  want  direction  and  advice 
from  exhibitors  as  to  our  future 
course." 

Myers  said  he  believed  Allied  lead- 
ers had  been  pursuing  a  policy  in  ac- 
cordance   with    the    best    interests    of 
(Continued  on  paae  3) 


Charge  Made 
Wired  Protests 
To  Code  Faked 


Government  Is  Reported 
Studying  Complaints 

Washington,  Oct.  23.  —  Charges 
that  recent  telegrams  to  Washington 
protesting  against  the  film  code  were 
sent  in  the  names  of  persons  who  had 
no  knowledge  of  the  fact  have  been 
received  by  the  National  Recovery 
Administration,  it  was  disclosed  today 
by  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt. 

Inquiries  in  Cleveland  and  Newark, 
according  to  a  telegram  to  Rosenblatt, 
disclosed  that  wires  purporting  to 
come  from  certain  people  were  sent 
without  their  knowledge  and  that  the 
first  intimation  they  had  of  the  un- 
authorized use  of  their  names  was 
upon  receiving  acknowledgments  from 
Washington. 

Investigation  is  being  made  by  the' 
Administration  itself,  the  deputy  ad- 
ministrator said,  but  if  affidavits  and 
other  evidence  to  support  the  charges 
are  received,  the  matter  will  be  laid 
before  General  Hugh  S.  Johnson,  who 
may,  if  the  situation  appears  to  war- 
rant such  action,  refer  it  to  the  De- 
partment of  Justice. 

Questions  relating  to  the  code  were 
thfs  afternoon  discussed  by  Rosenblatt 
(Continued  on  page  3) 


RKO  Theatres  May 
Go  Into  Two  Zones 

RKO  theatre  operations  may  go 
into  a  two-way  split  under  a  plan 
which  J.  R.  McDonough  is  reported 
considering.  This  would  divide  the 
country  between  an  eastern  and 
western  management  with  Leslie 
Thompson  perhaps  handling  the  east 
and   Nate  Blumberg  the  west. 

Joe  Plunkett,  former  general  man- 
ager of  the  circuit,  entered  the  specu- 
lation yesterday  as  a  possible  candidate 
for  one   of   the   two  posts. 


Schenck,  Goldwyn 
Quit  Hays  Group 

Hollywood,  Oct.  23. — Incensed 
over  the  attitude  of  other  producers 
toward  Article  5  in  the  code,  Joseph 
M.  Schenck  and  Samuel  Goldwyn  to- 
day announced  their  resignation  from 
the  M.  P.  P.  D.  A. 

Tonight  Schenck  issued  the  fol- 
lowing statement  in  explanation  of 
his   resignation: 

(Continued  on  page  6)  ■' 


MOTION  PICTURE 

DAILY 


Tuesday,  October  24.   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 

Formerly    Exhibitors    Daily    Review 

and   Motion    Pictures    Today 


Vol.  34 


October  24,  1933 


No.  97 


Martin  Quigley 

Editor-in-Chief   and  Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^■^1^  PUBLISHED  daily,  except  Sunday 
#  J|J  and  holidays,  by  Motion  Picture 
^«l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre.  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


vNRA. 


wi  eo  OUR  nwtr 


Lawton  Adds  to  Staff 

Stanley  W.  Lawton,  managing  di- 
rector of  the  George  M.  Cohan, 
Broadway  and  Gaiety  theatres,  has 
made  a  number  of  new  appointments 
to  take  care  of  expanded  activities 
which  include  opening  of  the  Gaiety 
tomorrow  with  "Lady  for  a  Day." 

The  new  men  are :  Emil  Groth,  ex- 
ecutive assistant  and  manager  of  the 
George  M.  Cohan;  R.  O.  James, 
manager  of  the  Broadway ;  Edward 
Goodman,  manager  of  the  Gaiety ; 
Adam  Nobre,  manager  of  the  art  de- 
partment ;  Meyer  Keilsohn,  advertis- 
ing and  publicity. 


Carr  in  Cleveland 

Cleveland,  Oct.  23. — Trem  Carr, 
Monogram  producer,  arrived  from 
Hollywood  tonight. 


W.  Ray  Johnston,  president  of 
Monogram,  left  for  Cleveland  last 
night,  where  the  company's  franchise- 
holders  will  start  a  two-day  meeting 
tomorrow. 


Sears  on  Long  Trip 

Gradwell  Sears  left  on  a  Warner 
sales  trip  yesterday.  He  will  be  gone 
a  number  of  weeks  and  will  visit 
Dallas  first  and  New  Orleans  and  At- 
lanta later. 


Zanft  En  Route  West 

Albuquerque,  Oct.  23.— John  Zanft 
passed  through  here  tonight  en  route 
from  New  York  to  Hollywood. 


"Most  compellinq  motion  picture  this  reporter 
can  recall,  bar  none." — N.  Y.  Herald-Tribune. 


Ford  ot  ten 


For  Bookinfis  and  State  Rights  Wire 
JEWEL  PROD,  Inc.,    723   7th  Ave.,    New  York  City 


King  for  a  Night" 

{Universal) 

Chester  Morris  sincerely  portrays  the  role  of  a  small  town  fighter 
with  the  championship  as  his  goal  in  a  drama  which  will  appeal  gener- 
ally. Helen  Twelvetrees,  Grant  Mitchell  and  Alice  White  do  some 
good  work  in  support.  Georgia  Stone,  John  Miljan,  Frank  Albertson 
and  Warren  Hymer  also  contribute  nice  work. 

The  son  of  a  minister  and  always  ready  with  his  right,  Morris  gets 
an  opportunity  to  go  to  the  big  city  and  build  his  way  up  to  the  cham- 
pionship fight.  His  prospects  go  to  pot  when  he  is  O.  K.'ed  by  Maxie 
Rosenbloora  in  a  gym  and  his  promoters  walk  out  on  him.  He  gets  a 
job  as  soda  jerker  and  tries  to  make  the  fight  grade  alone,  but  without 
success.  When  his  sister,  Miss  Twelvetrees,  comes  to  town,  Miljan, 
another  promoter,  takes  to  her  and  promises  to  give  Morris  the  build-up 
he  needs.  As  a  sacrifice,  the  heroine  consents  to  live  with  Miljan  with- 
out her  brother  knowing  it.  The  fighter  finds  out  about  the  affair  from 
Miss  White,  whom  he  has  been  courting  and  who  two-times  him. 

Morris  goes  to  his  sister's  apartment  and  finds  she  has  just  murdered 
Miljan.  He  tells  his  sister  to  clear  out  while  he  takes  the  blame.  He 
does,  and  that  night  is  arrested  after  knocking  out  the  champ.  He  is 
sent  to  the  chair  despite  his  sister  confessing.  His  father  says  the  last 
prayer  in  a  dramatic  scene  which  may  call  for  the  handkerchiefs.  Kurt 
Newman  directed.     Should  go  over  big  with  fight  fans. 


Hearings  on  Taxes 
Open  in  Washington 

Washington,  Oct.  23.— Hearings 
on  taxes  were  begun  today  before  a 
subcommittee  of  the  House  Ways  and 
Means  Committee,  which  had  before 
it  Treasury  experts  who  are  to  make 
recommendations.  With  heavy  reve- 
nues from  liquor  seen  as  beginning 
early  in  the  year,  members  of  the 
committee  believe  there  is  opportunity 
for  permanent  revision  of  the  Reve- 
nue Act  eliminating  many  of  the 
present  nuisance  taxes.  If  this  is  de- 
termined upon,  it  is  understood 
amusement  interests  will  ask  repeal 
of  the  admission  tax. 


Open  St.  Louis  Nov.  3 

Fanchon  &  Marco  will  reopen  the 
St.  Louis,  St.  Louis,  on  Nov.  3. 
F.  &  M:  took  over  the  house  last  week 
from  Harry  Koplar  and  closed  it  for 
alterations. 


Col.  Signs  Sue  Carol 

Hollywood,  Oct.  23. — After  an  ab- 
sence of  over  two  years  from  the 
screen,  Sue  Carol  has  been  signed  for 
the  leading  feminine  role  in  "Straight 
Away"   at   Columbia. 


/.  M.  Franklin  Adds 
To  Canada  Circuit 

Toronto,  Oct.  23. — In  the  con- 
struction of  the  new  Dundas  Theatre 
at  Dartmouth,  Nova  Scotia,  Joseph 
M.  Franklin,  former  RKO  theatre 
representative  in  Canada,  is  adding  a 
fourth  to  his  circuit  in  eastern  prov- 
inces of  the  Dominion.  The  new 
Dundas  will  seat  1,000. 

Joe  Franklin  controls  the  Trans- 
Lux  franchise  for  Canada  but  this 
project  is  in  abeyance,  pending  ar- 
rangements for  securing  of  necessary 
shorts  for  Trans-Lux  programs. 
Franklin  has  just  returned  from  a 
business  trip  to  New  York. 


Skouras  Traveling 

Albuquerque,  Oct.  23, — Charles 
Skouras,  en  route  from  New  York  to 
Hollywood,  was  aboard  The  Chief  to- 
night. 


Kansas  City,  Oct.  23.— Elmer  C. 
Rhoden  and  L.  J.  McCarthy,  Fox 
Midwest  executive,  conferred  with 
Charles  Skouras  between  shifts  of 
train  crews  here  last  night. 


Eastman  Jumps  Five  and  Three  Quarters 

*  Net 

High  Low      Close     Change  Sales 

Columbia     Pictures,     vtc 21  20^^        21            -\-  U  300 

Consolidated     Film    Industries 3            3            3           30O 

Consolidated   Film   Industries,  pfd 8  8            8           -h 'A  100 

Eastman    Kodak    74'A  6954        73^4       -j-5^  2,100 

Loew's,   Inc 27^  25%       25%       -f  ?^  4,500 

Paramount    Publix    154  VA          1^        -\-  ^  1,900 

Pathe   Exchange    I'A  \%          1J|        -\-  y^  1,500 

Pathe    Exchange    "A" 9Vn  8            8!4        -)-  5^  4,100 

RKO    2'/^  2Vi         VA       -f  14  1,500 

Warner     Bros 6^  SJi         &/%       +14  11,800 

Technicolor  Up  Three  Quarters 

Net 

High  Low      Close     Chainge  Sales 

Technicolor     115^  U'A        IVA        -t  ?4  500 

Warner  Bros.  Rises  Two  and  Three-Eighths 

Net 

High  Low      Close     Change  Sales 

General    Theatre    Equipment    6s    '40 4'A  iVa         ^Vf.        —  ^  25 

Keith    B.    F.    6s    '46 44?4  4454        44^        ->r  Vi  1 

Loew's   6s   '41,    ww   deb   rights 85  84J4        84^^        —  Y2  12 

Paramount   F.   L.   6s   '47 2814  28>/$       28!4       — '/4  4 

Paramount    Publix    5}^s    '50 29'/5  29'/i        29'/^        -|-154  8 

Warner   Bros.   6s  '39,   wd 40^  39          40^       -\-2M  38 


i  Purely 
Personal  ► 


HELENE  TURNER,  formerly  with 
Paramount,  is  now  in  New  York, 
having  recently  completed  editing  three 
features  made  at  the  SunHaven 
Studios    in   Florida. 

F.  Ralph  Gervers,  just  back  from 
a  five-week  exploitation  tour  on 
"Lady  for  a  Day,"  has  been  put  in 
charge  of  exploitation  for  the  Great- 
er  Manta  Exhibition   Corp. 

Herb  Berg  decided  it  was  to  be 
fishing  on  Sunday  and  almost  got  lost 
in  the  fog  banks  off  Sheepshead  Bay. 

Mildred  Patterson  and  Betty 
Faulkner  have  joined  the  Gae  Fos- 
ter troupe  at  the  7th  Ave.  Roxy. 

E.  M.  Glucksman  and  Myron 
Robinson  did  their  lunching  at 
Schraft's — 42d    Street — ^yesterday. 

Milt  Kusell,  New  York  State  dis- 
trict manager  for  Paramount,  is  get- 
ting over  a  severe  cold. 

Mrs.  Adeline  Schulberg  arrives 
from  the  coast  next  month  en  route 
to  Russia. 

J.  J.  Unger,  Paramount  district 
manager,  is  battling  a  cold  these  days. 

Hal  Horne  is  going  in  for  green 
and   brown  combinations. 

Lynn  Farnol  arrives  from  the 
coast  next  week. 


Pecora  Supporters 
Meet  at  M.  P.  Club 

Film  men  already  members  of  a 
committee  to  further  Ferdinand  Pe- 
cora's  campaign  for  district  attorney 
on  the  McKee  ticket  in  New  York 
meet  at  the  Motion  Picture  Club  to- 
day to  round  out  activities  under 
chairmanship   of   Joe    Brandt. 

Serving  with  Brandt  are  Lou 
Rogers,  as  vice-chairman,  and  Hal 
Horne,  Jack  Alicoate,  Leon  Lee,  Joe 
Gallagher,  Bert  Adler,  Lou  Rydell, 
A.  P.  Waxman  and  Joe  Seiden. 


Sue  on  Milwaukee  Rent 

Milwaukee,    Oct.    23.— An    action 
to  collect  $8,249  in  back  rentals  for  the 
Oriental  and   Tower,   local  neighbor-      ~ 
hood  houses,  has  been  started  in  cir-    ■ 
cuit  court  by  the  M.  L.  A.  Investment    " 
Co.  against  Statewide  Theatres,  Inc., 
Oscar     Brachman,     John     and     Tom 
Saxe.    The  defendants  filed  an  answer 
claiming  the  rents  have  been  paid. 


Jack  Warner  Due 

Jack  L.  Warner  is  scheduled  to  ar- 
rive in  New  York  from  the  coast  to- 
morrow and  probably  will  take  in 
the  premiere  of  "The  World 
Changes"  at  the  Hollywood  in  the 
evening. 


Wid  Gunning  Here 

Making  a  number  of  stopovers  en 
route,  Wid  Gunning  reached  New 
York  from  Hollywood  yesterday  in 
connection  with  a  production  deal.  At 
the  Park   Central. 


Tuesday,  October  24,    1933 


MOTION  PICTURE 

DAILY 


Charge  Made 
Wired  Protests 
To  Code  Faked 


(.Continued  from  faqe  1) 
with  members  of  the  President's  staff. 
Visiting  the  White  House,  the  deputy 
administrator  is  understood  to  have 
conferred  on  the  code  at  length,  but 
refused  to  say  what  points  were  cov- 
ered. He  did  not  see  the  President, 
he  said. 

See  Possible  Changes 

Indications  that  a  number  of  changes 
will  be  made  in  the  code  before  it 
goes  to  Johnson  were  seen  tonight. 
Abram  F.  Myers  and  his  associates 
had  a  long  conference  with  Rosenblatt 
Saturday  afternoon,  at  which,  it  is 
said  a  number  of  suggestions  were 
made,  some  of  which  may  result  in 
amendments  to  the  agreement.  There 
will,  however,  Rosenblatt  said,  be  no 
fourth   complete   revision. 

An  executive  order  signed  by  Presi- 
dent Roosevelt  Saturday  and  made 
public  by  the  Administration  today 
exempts  from  the  provisions  of  the 
President's  reemployment  agreement 
and  industrial  codes  employers  who  do 
not  employ  more  than  five  persons  and 
who  are  located  in  towns  of  less  than 
2,500  population. 

Whether  this  order  will  apply  to 
exhibitors  is  a  matter  not  yet  de- 
termined, according  to  Donald  R. 
Richberg,  chief  counsel  of  the  Ad- 
ministration. In  general,  Richberg 
said,  the  effect  of  the  order  will  be 
to  eliminate  the  smal  towns  from  the 
recovery  drive,  except  where  they 
contain  manufacturing  or  other  ac- 
tivities employing  more  than  five  per- 
sons or  engaged  in  interstate  com- 
merce. A  number  of  interpretations 
will  be  necessary,  he  believed,  to 
definitely  determine  activities  which 
are  exempted. 

Approval  of  the  industrial  adviser 
was  given  the  code  today,  and  tomor- 
row it  is  expected  the  consumers' 
adviser  will  make  a  report,  thus  clean- 
ing up  the  reports  of  the  three 
advisers. 


Broadway  will  Seek 
Film  Talent — Jolson 

Hollywood,  Oct.  23. — Al  Jolson, 
recently  arrived  in  Hollywood  to  star 
in  "The  Wonder  Bar"  for  Warners, 
is  predicting  a  comeback  for  the  New 
York   stage. 

"Broadway,"  he  says,  "is  going  to 
hit  back  at  Hollywood  and  conduct 
some    of    those    famous    talent    raids. 

"New  York  theatres  are  definitely 
on  the  comeback  and  capacity  audi- 
ences are  starting  to  make  their  ap- 
pearance again.  Booking  offices  and 
theatrical  agencies  are  starting  to  hum 
once  more  and  before  long  Holly- 
wood is  going  to  lose  many  stage  fa- 
vorites that  have  been  here  during 
the   lean   days   on   Broadway." 


B.  G.  Signs  Miss  Wong 

London,  Oct.  23.— Anna  May 
Wong,  who  recently  completed  "Tiger 
Bay"  for  Wyndham  Film,  has  been 
signed  by  British  Gaumont  for  the 
starring  role  in  the  talker  version  of 
"Chu  Chin  Chow,"  produuction  to  be- 
gin immediately.  Herbert  Willcox 
made  it  as  a  silent: 


About  300  at  Allied's 

Meet;  Course  Not  Fixed 


Indies  Seek 
Statement  on 
Legal  Rights 


(Continued  from  page  1) 

as  outlined  by  the  code  itself,  covered 
all  of  our  rights.  If  we  can  sue  under 
the  NRA,  we  asked  that  a  clause 
specifically  stating  so  be  included." 

Schechter  was  of  the  opinion  yester- 
day that  the  code  is  not  in  its  final 
form.  In  addition  to  changes  sought 
by  independents,  he  listed  protests 
from  talent  groups  against  Article  5, 
which  was  Article  10  in  the  producers' 
submitted  code,  as  among  those  which 
are  awaiting  disposal. 

In  reply  to  a  direct  question  put  to 
him  by  Motion  Picture  Daily,  Ros- 
enblatt stated  on  Oct.  15  in  Washing- 
ton that  there  is  nothing  in  the  NIRA 
to  prevent  a  disgruntled  individual 
from  resorting  to  court  at  law  in  the 
event  that  he  refused  to  abide  by  a 
decision  by  code  authority  on  any 
disputed  issue. 


Court  Stay  Sought 
On  Milwaukee  Union 

(.Continued  from  fane  1) 

be  given  Oct.  28  on  an  order  to  show 
cause  why  a  terntxjrary  injunction 
should  not  be  issued.  The  A.  F.  of  L. 
and  the  Wisconsin  federation  are  also 
named  as  defendants. 

The  defendants  are  charged  with 
conspiring  to  boycott  the  Fern,  Mur- 
ray and  Park,  neighborhood  houses 
operated  by  Manning  Silvermann. 

The  complaint  alleges  that  the  A. 
F.  of  L.  union  has  "resorted  to  vio- 
lence and  to  means  beyond  moral 
persuasion  to  intimidate  prospective 
patrons."  Local  No.  164  has  been 
strengthening  its  position  among  local 
independent  houses  and  recently  signed 
up  the  Parkway,  Astor,  Jackson, 
Roosevelt,  Lyric  and  Whitehouse,  all 
of  which  had  been  employing  non- 
union operators. 


20th  Century  Swings  Ax 

Hollywood,  Oct.  23. — Twentieth 
Century  is  swinging  the  ax  in  all  op- 
erating departments.  It  is  putting  in 
effect  a  50  per  cent  layoff  for  three 
weeks,  beginning  Wednesday.  The 
reason  given  is  that  four  pictures  have 
already  been  completed,  while  four 
others  are  now  in  work. 


Fitzgerald  Gets  House 

San  Francisco,  Oct.  23. — Edward 
Fitzgerald,  former  manager  of  the 
Warner,  has  been  made  manager  of 
Bill  Wagnon's  Orpheum.  Recently 
he  has  been  running  a  program  over 
Station  KFRC. 


Holds  Norman  Foster 

Hollywood,  Oct.  23. — Fox  has  ex- 
ercised its  option  on  Norman  Foster 
and  has  decided  not  to  lift  the  option 
on  Harvey  Stephens  following  the 
completion  of  his  role  in  "Sleepers 
East." 


(Continued  from   t>ape   1) 

independents,  but  takes  the  stand  that 
something  in  the  way  of  specific  sug- 
gestions and  guidance  should  be 
forthcoming    at    this    time. 

With  H.  M.  Richey,  James  C. 
Ritter,  Sidney  Samuelson,  W.  A. 
Steffes,  Benjamin  Berger,  Col.  H.  A. 
Cole,  Aaron  Saperstein,  Fred  S.  Har- 
rington, Abe  Stone,  Frederick  Strief, 
M.  B.  Horwitz  and  many  more  ex- 
hibitors already  at  the  Congress, 
lobby  talk  indicates  that  Allied  ac- 
ceptance of  the  code  is  as  remote  as 
ever,  and  final  outcome  of  the  meet- 
ing probably  will  be  a  vote  of  confi- 
dence in  the  present  leaders  with  in- 
structions to  carry  on  along  lines 
heretofore   pursued. 

The  independents'  analytical  protest 
on  code  clauses  will  be  the  basis  of 
tomorrow's  discussions,  with  little 
likelihood  that  exhibitors  gathered 
here  will  offer  anything  to  materially 
change    the    stand    taken   by   leaders. 

Asked  specifically  where  Allied  ex- 
pected to  stand  after  this  meeting, 
Myers  said  he  did  not  know.  It  is 
rumored,  however,  that  the  meeting 
will  not  adjourn  without  resolutions 
affecting  various  code  clauses  and  es- 
pecially not  without  clothing  Allied 
leaders  with  full  power  to  exercise 
their  best  judgment  in  future  code 
actions. 


ErpVs  Appeal  Up  in 
Supreme  Court  Today 

Wilmington,  Del.,  Oct.  23. — Hear- 
ing is  set  for  tomorrow  in  the  suit 
brought  by  Vitaphone  against  Erpi 
for  an  accounting  on  a  series  of  trans- 
actions, involving  $40,000,000,  before 
Chief  Justice  James  Pennewill  in  the 
Delaware  Supreme  Court.  Agree- 
ments were  for  licensing  of  patents 
and    equipment   for   talking   pictures. 

Erpi,  in  an  equity  suit,  attempted 
to  have  the  case  kept  out  of  open 
court,  holding  there  had  been  an 
agreement  to  have  claims  arbitrated. 
Chancery  Court  ruled,  however,  this 
defence  was  not  sufficient  in  law  and 
an  appeal  was  taken  to  the  Supreme 
Court. 

Vitaphone  charged  the  protracted 
arbitration  proceedings  in  New  York 
were  unfair  and  were  being  willfully 
protracted  at  excessive  expense. 


Frisco  Runs  ''AngeV* 
All  Night  as  Opener 

San  Francisco,  Oct.  23. — "I'm  No 
Angel"  was  kept  going  all  day  and 
all  night  for  the  opening  at  the  Para- 
mount, a  stunt  never  before  tried 
here,  except  on  New  Year's.  It  is 
expected  to  go  to  $30,000  the  first 
week,  twice  the  normal  take  of  the 
house. 


Oklahoma  City,  Oct.  23. — A  fire 
in  the  ushers'  room  of  the  Criterion 
on  the  mezzanine  filled  the  foyer  with 
smoke  and  called  out  the  fire  depart- 
ment, but  only  two  persons  left  the 
theatre.  "I'm  No  Angel"  was  on  the 
screen. 


"U"  Film  For  Pantages 

Hollywood,  Oct.  23. — Universal's 
"Only  Yesterday"  will  reopen  Pan- 
tages Hollywood  Nov.  2  at  $2.20  top. 


Code  Signing 
Plea  Is  Voiced 
By  Kuykendall 


(Continued  from  Pane  1) 

presided  in  place  of  Kuykendall,  who 
resigned  some  months  ago  as  Tri- 
States  president  to  become  national 
president.  During  the  code  discus- 
sions, M.  A.  Lightman,  former  na- 
tional president,  vigorously  criticized 
Loew's  admission  prices  in  Memphis, 
complaining  that  Loew  houses  get 
only  15  cents  for  "A"  pictures,  which 
must  play  later  throughout  the  terri- 
tory at  higher  prices. 

Lightman  Elected  President 

Later  in  the  day  Lightman,  ex-pres- 
ident of  the  M.  P.  T.  O.  A.,  was 
elected  head  of  the  local  unit,  con- 
firming Motion  Picture  Daily's  ex- 
clusive story  at  the  time  of  Kuyken- 
dall's  election  to  the  national  post 
some  time  back.  Lightman  was  elected 
over  O.  C.  Hauber  of  Jackson, 
Tenn.,  and  R.  X.  Williams  of  Ox- 
ford,   Miss. 

Sentiment  among  exhibitors  was 
that  the  drafting  of  Lightman  into 
office  is  essential  at  this  time  due  to 
uncertainty  of  the  code  and  because 
of  his  knowledge  of  this  situation  lo- 
cally and  nationally. 

After  a  full  morning  of  discussion 
of  the  code.  Tri-State  exhibitors 
unanimously  voted  endorsement  of  the 
third  tentative  draft  and  instructed  the 
secretary  of  the  unit  to  wire  Deputy 
NRA  Administrator  Sol  A.  Rosen- 
blatt of  its  decision.  Exhibitors  were 
advised  that  mimeographed  copies  of 
the  code  as  it  applies  to  the  individual 
exhibitor  will  be  mailed  to  them  from 
Tri-State  M.  P.  T.  O.  headquarters 
within  the  next  10  days. 

Kuykendall  and  Lightman  were  both 
thanked  in  a  resolution  for  their  work 
on  the  code  and  other  industry  mat^ 
ters.  Mrs.  Alma  Walton  of  Memphis 
was  elected  secretary-treasurer,  suc- 
ceeding Mrs.  M.  S.  McCord  of  Little 
Rock.  The  organization  picked  Mrs. 
Walton  in  deference  to  Mrs.  McCord's 
request  that  she  be  relieved  and  upon 
the  suggestion  of  Kuykendall  that  a 
Memphian  be  selected  as  an  aid  to 
Lightman  in  the  handling  of  code 
matters. 

Other  officers  elected  were  vice- 
president  of  Arkansas :  O.  W.  Mc- 
Cutchen,  Blytheville;  Miss.,  R.  X. 
Williams  of  Oxford,  and  of  Tenn., 
W.   F.  Ruffin,   Covington. 

Speakers  were  W.  B.  Henderson, 
district  NRA  director;  Mrs.  Larry 
Akers,  president  of  the  Memphis  Bet- 
ter Films  Council,  Mrs.  Willis  Camp- 
bell, club  woman,  and  Roy  Pierce, 
manager  of  the  Orpheum. 


Leon  Krim,  Detroit 
Theatre  Head,  Dead 

Detroit,  Oct.  23.— Leon  Krim,  57, 
veteran  exhibitor,  died  .suddenly  last 
night.  He  had  been  ill  more  than  a 
year,  but  had  shown  improvement 
recently.  He  was  the  leader  in  the 
fight  against  Mid-States  Theatres, 
and  recently,  against  his  doctor's 
orders,  made  a  trip  to  Washington  to 
present  his  case  to  Deputy  NRA  Ad- 
ministrator  Sol   A.   Rosenblatt. 

Death  was  due  to  a  stroke.  Funer- 
al   services   were   held   this   afternoon. 


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MOTION  PICTURE 

DAILY 


Tuesday.  October  24.   1933 


ii 


W  to  Seek 
Court  Aid  on 
Kansas  Cuts 


(Continued  from  page   1) 

"Scarface"  was  released  after  being 
held  up  more  than  a  year,  and  "What 
Price  Innocence"  was  passed  several 
weeks  ago.  Fight  pictures,  which 
were  barred  for  years,  recently  have 
been  admitted. 


Suits  of  this  type  are  rare.  There 
were  only  31  requests  for  re-examina- 
tions in  New  York  last  j'ear  and  no 
court  action  of  any  kind.  Distribu- 
tors, as  a  rule,  take  usual  appeals, 
but  drop  their  objections  without  pub- 
lic court  action  after  these  have  been 
exhausted. 


Censors  Pull  Uncut 
Print  in  Baltimore 

B.\LTIM0R£,  Oct.  23. — Twenty-two 
or  more  eliminations  ordered  by  the 
State  Board  of  Censors  were  made 
in  "Goodbye  Again,"  after  the  show 
had    started   at   the    New. 

Morris  A.  Mechanic,  proprietor, 
started  the  picture  in  good  faith  be- 
cause he  had  previewed  it  with  a 
censor  board  seal  attached  and  ran 
that  print,  but  it  turned  out  that  an 
uncensored  print  had  been  sent  to  the 
theatre   with   the    seal   attached. 

When  the  shearing  was  finished 
after  it  had  been  discovered  by  an 
inspector  of  the  board,  450  feet  had 
been  taken  out  of  the  feature. 
The  show  had  been  advertised  heavily 
with  two  contests  running  in  editorial 
parts  of  two  newspapers  and  a  large 
full  page  tie-up  ad  with  a  department 
store.  Two  shorts  had  to  be  obtained 
quickly  to  fill  in  the  gap. 


Pittsburgh  Agog 
Over  Moloney  Fete 

(Continued  from  f'a<ie   1) 

and  Edward  McEvoy  of  RKO-Radio, 
Herman  Robbins  and  George  Dembow 
of  National  Screen  Service,  Pat 
(iaryn  of  Master  Art  Productions, 
Edward  C.  Grainger  of  Fox,  Steve 
Trilling  and  Clayton  Bond  of  War- 
ners, Harold  Kemp  of  NBC,  Frank 
McCarthy  and  Max  Cohen  of  Uni- 
versal, George  Tyson  and  Christy 
Wilbert  of  Skouras  theatres,  St. 
I^ouis ;  Lou  Astor  of  Columbia  Pic- 
tures, Edward  Fontaine  of  the  Para- 
mount, Cleveland ;  Frank  Drew  of 
M-G-M,  the  same  city;  Fred  Robin- 
son of  the  Paramount,  Buffalo;  I. 
Schmertz  of  the  Fox,  Cleveland,  and 
Norman    Frescott. 

Among  those  at  the  speakers'  table 
were  Governor  George  White  of  Ohio, 
U.  S.  Senator  James  J.  Davis  and 
Mayor  John  S.  Herron  of  this  city. 
George  Jessel  was  another  at  the 
speakers'  table. 


Ifs  Diplomacy 

Hollywood,  Oct.  23.— M- 
G-M's  Italian  version  of 
"Prizefighter  and  the  Lady," 
wherein  Primo  Camera  and 
Max  Baer  stage  a  champion- 
ship fight,  will  show  the 
ambling  Alp  knocking  out 
Baer  for  the  satisfaction  of 
the  Fascists.  Since  Baer  is  a 
Scotch  Jew,  fans  from  Glas- 
gow and  Palestine  will  expect 
the  reverse.  The  American 
version,  however,  shows  the 
fight  to  a  draw. 


Seattle  Plans  Film  Ball 

Seattle,  Oct.  23. — Bob  Murray, 
manager  of  John  Hamrick's  Blue 
Mouse  and  Music  Box  theatres,  has 
been  appointed  chairman  of  the  first 
annual  "Movie  Ball,"  to  be  held  later 
this  month  under  the  auspices  of  the 
Olympic  Breakfast  Club.  All  of  the 
downtown   houses   will   participate. 


Big  Circuits  Want 
To  Buy  Poli  Group 

{Continued  from  page   1) 

of  the  circuits  seeking  the  properties 
in  Massachusetts  and  Connecticut, 
but  stated  negotiations  were  now  in 
progress. 


It  is  understood  that  Loew's  is  bid- 
ding   for    the    Poli    circuit. 


Schenck,  Goldwyn 
Quit  Hays  Group 

{Continued  from  tage  1) 
"I  have  resigned  because  I  am  op- 
posed to  the  policy  which  permits  the 
association  to  be  run  by  distributors 
in  New  York  who  happen  to  be  the 
bosses  of  producers  belonging  to  it. 
Were  the  real  producers,  the  men  who 
make  the  pictures,  asked  their  opin- 
ion of  the  code,  they  would  be  unani- 
mously against  it.  Unfortunately,  the 
rulers  in  New  York,  the  proposers  of 
that  code,  have  not  consulted  them. 
These  gentlemen's  attempts  to  dic- 
tate production  policy  without  know- 
ing the  temperaments  of  actors,  writ- 
ers and  directors  with  whom  they  are 
dealing  have  succeeded  in  bringing 
about  partial  demoralization  of  their 
studios. 

"Some  of  these  gentlemen  in  their 
efforts  to  alibi  to  stockholders  for 
mismanagement  are  attempting  to 
place  the  entire  blame  on  the  salaries 
of  their  employes.  Although  salaries 
are  partially  responsible  for  the  high 
cost  of  pictures,  this  responsibility  is 
only  partial.  The  greatest  responsi- 
bility lies  in  the  waste  of  time  and 
indecisions  on  the  part  of  the  produc- 
ing organizations,  all  of  which 
attempt  to  make  more  pictures 
than  tliey  are  capable  of.  Responsi- 
bility for  this  situation  rests  solely 
with  the  New  York  gentlemen.  Rather 
than  belong  to  an  organization  that 
runs  in  diametric  opposition  to  a 
policy  of  fairness  to  all,  I  have  re- 
signed." 

Schenck  announced  the  resignation 
of  Goldwyn  in  the  same  statement,  as- 
serting the  latter  was  in  "full  ac- 
cord"  with   his   own  views. 


'' Angel"  N earing  Record 

Ni:\v.\i<K,  Oct.  23. — The  Paramount 
is  heading  for  a  record  with  "I'm  No 
Angel"  grossing  $16,000  for  the  first 
three  days. 


"Millions"  Gets  $21,500 

"Saturdav's  Millions"  grossed  $21,- 
500  at  the  Old  Roxy. 


Hollywood 
Personals 


Hollywood,  Oct.  23. 

EDWARD  SUTHERLAND,  who 
will  direct  "Fox  Movietone  Follies 
of  1934,"  has  gone  into  conference 
with  Lew  Brown  and  expects  to  get 
started  Nov.   1. 

Maxine  Doyle  appears  in  "Eight 
Girls  in  a  Boat,"  as  her  first  under  a 
contract  to  Charles  R.  Rogers  Pro- 
ductions. 

Spanky  MacFarland  runs  compe- 
tition to  Baby  LeRoy  in  "Miss  Fane's 
Baby  Is  Stolen"    (Paramount). 

Irene  Dunne's  next  for  Radio  will 
be  "Age  of  Innocence."  "Stingaree" 
has  been  postponed. 

Lambert  Hillyek  will  direct 
"Once  to  Every  Woman"  (Colum- 
bia). 

Mack  Gordan  and  Harry  Revel 
signed  to  write  the  songs  for  Mae 
West's  next  "It  Ain't  No  Sin"  (Para- 
mount ) . 

Tom  Keene,  back  from  a  stage 
tour,  denies  he  will  return  to  west- 
erns. 

Sonya  Levien  and  Samuel  Hof- 
FENSTEiN  will  Collaborate  on  "All 
Men   Are    Enemies"    (Fox). 

F"rances  Drake's  first  screen  role 
will  be  opposite  George  Raft  in  "The 
Trumpet    Blows"    (Paramount). 

Gordon  Westcott  and  Nella 
Walker  given  roles  in  "King  of 
Fashion"    (Warners). 

Ann  Dvorak  assigned  the  femi- 
nine lead  in  "The  Wonder  Bar" 
(Warners). 

Lillian  Harvey's  next  for  Fox 
will   be   "Lottery  Lover." 

Davidson  Clark  added  to  "Wild 
Birds"    (Radio). 

Spencer  Charters  added  to  "Hips, 
Hips,    Hooray"    (Radio). 

Adrienne  Ames  assigned  to  "The 
Trumpet  Blows"    (Paramount). 

Jean  Parker.  17  years  old,  goes 
into    "Wild    Birds"    (Radio). 

Wallis  Clark  assigned  to  "Mas- 
sacre"   (Warners). 

George  Meeker  and  Bob  Chand- 
ler added  to  "Hi,  Nellie"   (Warner). 

Hal  Waldridge  assigned  a  role  in 
"Ea,sy  to   Love"    (Warner). 

William  Bakewell  signed  for  a 
role  in  "Straight  Away"   (Columbia). 

James  Glea.son  spotted  in  "Search 
for  Beauty"    (Paramount). 

Phillip  Rekd  joins  the  cast  of 
"King  of  Fashion"   (Warners). 

Houai.t  Cavanaugii  assigned  to 
"Mandalay"    (Warners). 

J.  Carroll  Naish  penciled  in  the 
cast  of  "Sleepers  East"   (Fox). 

Edward  Gargan,  brother  of  Bill, 
goes  into  "Jimmy  and  Sally"    (Fox). 


New  Deals  on 
Publix  Houses 
Are  Approved 


Arrangements  were  completed  yes- 
terday for  new  Publix  leases  on  two 
South  Bend,  Ind.,  and  two  Knoxville, 
Tenn.,  houses  when  Irving  Trust  Co., 
as  trustee  in  bankruptcy  for  Publix 
Enterprises,  was  authorized  by  Ref- 
ree  Henry  K.  Davis  to  proceed  with 
lease  negotiations  tentatively  agreed 
upon  with  lessees. 

The  trustee  was  also  authorized  to 
convey  the  Lakeland  Theatre  prop- 
erty. Lakeland,  Fla.,  to  the  Volunteer 
State  Life  Insurance  Co.  to  satisfy  a 
mortgage  indebtedness  of  $41,703,  as 
of  July  1,  and  was  authorized  to  sell 
a  25  per  cent  stock  interest  in  Augusta 
Enterprises,  Inc.,  to  Arthur  Lucas 
and  William  K.  Jenkins,  Publix  op- 
erating partners,  for  $25,000.  Augusta 
Enterprises  holds  three  theatres  at 
Augusta,  Ga.,  managed  by  Frank  J. 
Miller,  who  continues  in  that  capacity 
under  the  terms  of  the  deal. 

In  the  South  Bend  lease  negotia- 
tions a  new  corporation  will  be'  or- 
ganized to  take  a  lease  on  the  Palace, 
and  a  new  lease  on  the  State  will  be 
made  by  Publix-South  Bend,  Inc.,  in 
consideration  for  which  the  personal 
property  and  equipment  of  the  theatre 
will  be  transferred  to  J.  J.  Kiser, 
trustee  for  the  South  Bend  subsidiary. 
In  addition,  a  $20,625  claim  of  the 
subsidiary  against  Publix  Enterprises 
is  to  be  withdrawn. 

In  Knoxville  a  new  corporation  will 
be  organized  to  make  new  leases  on 
the  Riviera  and  Strand  there  and  to 
purchase  personal  property  and  equip- 
ment in  the  theatres  from  the  trustee 
for  Tennessee  Enterprises,  Inc.,  oper- 
ating subsidiary  of  the  houses,  for 
$5,500. 

A  hearing  scheduled  for  yesterday 
on  various  lease  claims  against  Pub- 
lix Enterprises  was  postponed  to 
Oct.  30. 


Coast  Studios  Have 
59  Films  Shooting 

{Continued  from  page  1) 

next  two  weeks.  In  the  short  sub- 
ject field  there  are  eight  working, 
10  preparing  and  15   editing. 

Feature  productions  shooting  lists 
M-G-M  as  having  eight;  Fox,  six; 
Paramount,  seven;  Roach,  Salient  and 
Goldwyn,  one  each ;  Century,  four ; 
Universal,  six ;  Columbia,  three ; 
Warners,  five ;  Radio,  seven  with  the 
smaller  independent  organizations  to- 
taling 10. 


F.  P.  Canadian  Adds  Two 

Toronto,  Oct.  23.— Famous  Play- 
ers' circuit  in  eastern  Canada  has  been 
enlarged  to  the  extent  of  two  theatres 
in  the  taking  over  of  the  Empress  and 
Capitol  in  Moncton,  N.  B.  Fred  W. 
Winters,  owner  of  the  two  houses,  is 
now  associated  with  F.  P.  Canadian 
Corp. 


"Eskimo"  to  Open  Soon 

M-G-M  is  considering  plans  to  put 
"E-skimo"  into  the  Astor  about  Nov. 
15.  The  date  is  not  definite  yet,  it 
is  understood. 


Tuesday,  October  24,   1933 


MOTION  PICTURE 

DAILY 


Philadelphia 
Tips  $12,000 
To  "Bowery" 


Philadelphia,  Oct.  23. — "The  Bow- 
ery" knocked  this  town  for  a  loop  last 
week  with  a  $12,000  gross  at  the 
Aldine.     This  beats  par  by  $5,000. 

There  were  only  two  strong  attrac- 
tions besides  this.  "Night  Flight" 
grabbed  $18,000  at  the  Stanley  and 
"Golden  Harvest"  was  good  for  $15,- 
000  at  the  Earle.  The  $18,000  on 
"Night  Flight"  wasn't  strong  enough 
for  the  Stanley  and  stage  shows  are 
being  dropped. 

The  Arcadia  had  trouble  with  its 
second  runs.  "This  Day  and  Age" 
crumbled  in  intake.  "Horsefeathers" 
was  brought  back  to  finish  the  week, 
but  also  dropped  after  two  days. 

Total  business  was  $91,150.  Aver- 
age is  $87,100. 

Estimated  takings  for  the  week  end- 
ing Oct.  19: 

"THE  BOWERY"  (U.A.) 
ALDINE— (1,200),     40c-55c-65c,     6     days. 
Gross:  $12,000.     (Average,  $7,000.) 

"HORSE  FEATHERS"   (Para.) 
ARCADIA— (600),     25c-40c-50c,     2     days. 
(2nd    run.)      Gross:    $600.      "This    Day    and 
Age"  (Para.)— 3  days.    Gross:  $850.     (Aver- 
age, 6  days,  $2,400.) 

"ANN  VICKERS"  (Radio) 
BOYD— (2,400),  40c-55c-65c,  6  days.  Gross: 
$10,000.     (Average,  $12,000.) 

"GOLDEN  HARVEST"   (Para.) 
EARLE— (2,000),      40c-55c-6Sc,      6      days. 
Stage:   Sally  Rand,  Jay  Mills,   Brems,  Fitz 
and  Murphy,  Miles  and  Kover.  Red  Dona- 
hue and  Uno,  Mullen  Sisters,  Gross:  $15,000. 
(Average,  $12,000.) 
"WORST  WOMAN  IN  PARIS?"  (Fox) 
FOX— (3,000),  35c-55c-75c,  6  days.     Stage: 
Nick    Lucas,    Do-Re-Mi,    Willie- West    and 
McGinty,   Fritz   and   Jean   Hubert.     Gross: 
$14,500.     (Average,  $16,000.) 

"TOO  MUCH  HARMONY"  (Para.) 
KARLTON— (1,000).    30c-40c-50c,    6    days. 
(2nd  run.)     Gross:  $3,500.     (Average,  $3,500.) 
"CHARLIE   CHAN'S  GREATEST   CASE" 
(Fox) 
KEITH'S— (2,000),     25c-35c-40c,     5     days. 
(2nd  run.)     Gross:   $3,000.     (Average,  for  6 
days,  $5,500.) 

"BERKELEY  SQUARE"  (Fox) 
LOCUST— (1,300),   55c-$1.65,   6   days.    (2nd 
week.)     Gross:  $7,000.     (Average,  $7,000.) 
"NIGHT  FLIGHT"   (M-G-M) 
STANLEY— (3,700),    40c-55c-75c,    6    days. 
Stage:   Morton  Downey,  Solly  Ward,  Alice 
Dawn.     Gross:   $18,000.     (Average,   $16,000.) 
"STAGE    MOTHER"    (M-G-M) 
STANTON— (1,700),    30c-40c-55c,    6    days. 
Gross:  $6,700.     (Average,  $7,000.) 


''U'*  Reel  Goes  to  Pitt 

Pittsburgh,  Oct.  23. — Universal 
has  landed  a  downtown,  first  run  out- 
let for  its  newsreel,  tied  in  locally  for 
publicity  purposes  with  the  Post- 
Gaaette.  It  has  been  placed  at  the 
Pitt,  recently  reopened  by  George 
Shaffer.  Last  year  the  reel  was  at 
the  Variety,  now  playing  burlesque. 


Frisco  Unions  Ask  Raise 

San  Francisco,  Oct.  2Z. — Opera- 
tors' Local  162  has  reopened  negotia- 
tions for  a  reestablishment  of  the  scale 
effective  before  the  voluntary  cut 
which  the  union  took  some  six  months 
ago.  Salaries  then  averaged  around 
$81  a  week.  The  present  scale  ap- 
proximates $63. 


May  Return  N.  O.  Vaude 

New  Orleans,  Oct.  23. — Vaudeville 
may  return  to  Loew's  State  and  the 
Orpheum.  Settlement  of  the  argu- 
ments with  the  musicians',  stage  hands' 
and  operators'  unions  is  said  to  be 
under  discussion. 


Bowery,  ''$13  J  00,  Exceeds 
Buffalo  Par  by  Over  100% 


Buffalo,  Oct.  23.— "The  Bowery" 
was  the  week's  big  news,  taking 
$13,100,  or  $1,100  more  than  twice  the 
normal  draw,  and  holding  over. 
"Love,  Honor  and  Oh,  Baby !"  at  the 
Lafayette  was  the  only  other  picture 
to  top  average. 

Total  first  run  business  was 
$49,400.     Normal  is  $44,300. 

Estimated  takings  for  the  week 
ending  Oct.  20: 

"MY  WEAKNESS"    (Fox) 
BUFFALO  —  (3,500),     30c-55c,     7     days. 
Stage:    Mills   Bros.,   Preisser   Sisters,    Four 
Carlton  Bros.,  Beuville  &  Tova,  Don  Cum- 
mings.     Gross:    $14,100.      (Average,   $15,000.) 
"CAPTURED"   (Warners) 
CENTURY— (3,000),   25c,   7   days.     Gross: 
$5,500.      (Average,   $6,000.) 

"GOLDEN  HARVEST"  (Para.) 
GREAT  LAKES— (3,000),  25c-40c,  7  days. 
Stage:      Duncan     Sisters     in     "Topsy     and 
Eva,"     with     supporting     company     of     40. 
Gross:  $9,300.     (Average,  $10,000.) 
"THE   BOWERY"    (U.A.) 
HIPPODROME— (2,100),    25c-40c,   7   days. 
Gross  $13,100.     (Average,   $6,000.) 

"INDIA  SPEAKS"   (Radio) 
HOLLYWOOD— (300),     25c-40c,     7     days, 
2nd  week.     Gross:  $700.     (Average,  $800.) 
"LOVE,  HONOR  AND  OH,  BABY" 
(Univ.) 
LAFAYETTE— (3,300),  25c,  7  days.  Gross: 
$6,700.     (Average,   $6,500.) 


"Angel"  Hits 
$24,500,  Big 
In  Cleveland 

Cleveland,  Oct.  23.— "I'm  No  An- 
gel" opened  to  the  biggest  midnight 
show  ever  presented  at  Loew's  State, 
and  continued  to  pack  the  house  all 
week,  grossing  $24,500,  which  is  about 
four  times  average  business.  The  Hip- 
podrome with  the  Alarcus  stage  show, 
and  "East  of  Fifth  Avenue"  on  the 
screen,  including  a  $1.20  special  Sat- 
urday night  performance,  which  played 
to  capacity,  grossed  close  to  $30,000, 
establishing  a  record.  Ethel  Barry- 
more  drew  considerable  patronage  as 
the  Palace  headliner.  Other  first  runs 
ran  average  or  under. 

Total  first  run  business  was  $82,500. 
Average  is  $48,500. 

Estimated  takings  for  the  week  end- 
ing  Oct.   20: 

"S.    O.    S.    ICEBERG"    (Univ.) 

"LOVE.  HONOR  AND  OH,  BABY" 

(Univ.) 

ALLEN— (3.,'?00).    25c-30c-40.    2nd   week,    7 
da  vs.    Gross:    $3,000.    (Average.    $3,000.) 
"EAST   OF    FIFTH    AVE."    (Col.) 

HIPPODROME— (3,800)  35c-44c-60c,  7 
days.  M'idnight  Saturday  show,  $1.20  top. 
Marcus  Revue.  Gross:  $30,000.  (Average. 
$14,000.) 

"INDIA    SPEAKS"     (Radio) 
"HEADLINE  SHOOTER"  (Radio) 

WARNERS'  LAKE— (800).  .TOc-3.5c-44c,  6 
days.      Gross:      $2,500.      (Average,     7     days, 

$^  Son  ) 

"MY   WOMAN"    (CoL) 

RKO  PALACE— (3,100),  ,Wc-40c-60c-7.5c.  7 
days.  Stage:  Ethel  Barrvmore.  Landt  Trio. 
Rernice  Claire.  Coockie  Bowers,  Three  Slate 
Brothers,  Bryant-Rains  &  Young.  Gross: 
$18,400. 

"I'M    NO    ANGEL"    (Para.) 
.STATE— (3  400).       30c-3!ic-44c.      7      days. 
Gross:   $24. .500.    (Averacre.   $6,000.) 

"COLDEN    HARVEST"    (Para.) 
"DISCARDED    LOVERS"    (Tower) 
STTLLMAN— (1.900).    2,5c-,Wc-40c,    7    days. 
Gross:    $4,100.    (Average,    $4,000.) 


Haskell  to  Do  Dances 

Hollywood,  Oct.  23. — Jack  Haskell 
has  been  assigned  as  dance  director 
for  the  Paramount  film,  "Search  for 
Beauty." 


Eddie  Remembers 

Hollywood,  Oct.  23.— Eddie 
Cantor  ruined  several  feet  of 
film  when  he  spotted  a  fa- 
miliar face  among  250  extras 
on  the  "Roman  Scandals"  set. 

The  scene  was  half  over 
when  the  comedian  saw 
Emma  Ray,  at  one  time  fea- 
tured on  the  Keith  circuit 
in  the  team  of  Joe  and 
Emma  Ray.  He  choked  his 
lines  and  dashed  offstage  to 
grasp  her  hand.  Then  he  took 
her  and  introduced  her  to  the 
director  and  sat  her  down 
next  to  him  while  he  did  the 
scene.  Later  he  escorted  her 
to  Goldwyn  and  the  rest  of 
the  execs,  finally  to  the  cast- 
ing office,  where  he  pleaded 
with  the  boys  to  give  her  bits 
when  possible.  The  actor 
claimed  she  did  him  favors 
when  her  name  was  bigger 
than  his  will  ever  be. 


a 


Angel"  Tops 
Detroit  for 
Second  Week 


Detroit,  Oct.  23. — "I'm  No  Angel," 
playing  its  second  week  at  the  State, 
continued  Detroit's  best  grosser  last 
week.  It  took  in  $13,500,  $1,500  over 
average,  for  its  second  seven  days  and 
is  in  for  a  third  week.  "Ann  Vickers" 
and  a  stage  show  headed  by  Baby 
Rose  Marie,  put  the  Downtown 
$1,300  over  par  with  $11,300.  "My 
Weakness"  and  a  variety  show  got 
the  Fox  $15,400,  $400  over  avera_ge, 
and  the  Fisher,  playing  a  stage  show 
of  radio  personalities  and  "Saturday's 
Millions,"  was  the  other  house  better 
than  100  per  cent,  netting  $100  over 
par  with  $10,100. 

Total  for  the  week  was  $70,800 
against  an  average  of  $77,000  and 
$87,800  last  week. 

Estimated  takings  for  the  week  end- 
ing Oct.  19 : 

"ANN  VICKERS"  (Radio) 

DOWNTOWN— (2,750),  25c-50c,  7  days. 
Stage:  Baby  Rose  Marie,  Block  &  Sully, 
Ross  Wyse,  Jr.,  Four  Ortons.  Gross: 
$11,300.    (Average,  $10,000.) 

"SATURDAY'S  MILLIONS"   (Univ.) 

FISHER— (2,975),  1.5c-50c.  7  days.  Stage: 
Radio  Revue.  Gross:  $10,100.  (Average, 
$10,000.) 

"MY   WEAKNESS"   (Fox) 

FOX— (5,100),  15c-50c.  7  davs.  Stage: 
Cliarlie  Foy,  Nat  Brusiloff.  the  Four  Hearts, 
Frankie  Connors.  Gross:  $15,400.  (Average, 
$15,000.) 

"WAY  TO  LOVE"  (Para.) 

MTCHTGAN— (4.100),      25c-50c,      7      days. 
Staee:  Lamberti,  Evans  &  Mayer,  California 
Redheads.    Gross:  $13,200.    (Average,  $20,000.) 
"THE  BOWERY"  (U.A.) 

UNITED  ARTIST.S— (2,070),  25c-.5nc,  7 
days.     Gross:  $7,300.     (Average,  $10,000. 

"I'M  NO  ANGEL"   (Para.) 

ST.JiTE— (3.000),  25c-50c,  7  davs.  2nd  week. 
Gross:    $13,500.      (Average,    $12,000.) 


Brendel  in  3  for  Radio 

Hollywood.  Oct.  23. — Radio  has 
signed  El  Brendel  for  three  pictures, 
the  first  of  which  will  be  "Once  Over 
Lightly." 


"Harmony''  at 
$11,500  Tops 
Twin  Cities 


Minneapolis,  Oct.  23. — "Too  Much 
Harmony"  was  the  only  film  to  rise 
above  average  in  the  box  office  re- 
ceipts, in  both  the  Twin  Cities.  It 
took  $6,000  here  and  $5,500  across  the 
river. 

The  World  in  St.  Paul,  closed  dur- 
ing the  summer  for  decorating,  opened 
this  week  with  the  English  film, 
"Good  Companions,"  taking  a  $LO00 
gross  for  a  starter  in  a  300-seat  house. 
The  Minneapolis  quintet  totaled 
$17,200  and  St.  Paul's  five  grossed 
$15,000,  which  is  average  business  in 
both  cities. 

Estimated  takings : 

Minneapolis: 

Week  Ending  Oct.  19: 

"BROADWAY  TO  HOLLYWOOD" 

(M-G-M) 

CENTURY— (1,640),  25c-40c,  7  days.  Gross: 

$3,500.      (Average,   $3,500.) 

"THIS  DAY  AND  AGE"   (Para.) 
LYRIC— (1,238),    20c-25c,    7    days.     Gross: 
$1,500.     (Average,  $1,500.) 

Week  Ending  Oct.  20: 

"MY   WOMAN"    (Col.) 
"SAVAGE   GOLD"   (Auten) 
RKO  ORPHEUM-(2,900),  20c-40c,  7  days. 
Gross:  $5,000.     (Average,  $5,500.) 

"TOO  MUCH  HARMONY"  (Para.) 
STATE— (2,300),   25c-40c,   7   days.     Gross: 
$6,000.      (Average,   $5,500.) 

"FANTEGUTTEN"    (Norwegian) 
WORLD— (400),  25c-75c,  7  days,  2nd  week. 
Gross:   $1,200.     (Average,  $1,200.) 

St.  Paul: 

Estimated  takings  for  the  week  end- 
ing Oct.  20 : 

"TOO  MUCH  HARMONY"  (Para.) 
PARAMOUNT— (2,300),    25c-40c,    7    days. 
Gross:  $5,500.     (Average,  $5,000.) 

"BROADWAY  TO  HOLLYWOOD" 
(M-G-M) 
RIVIERA— (1,200),  25c-40c,  7  days.  Gross: 
$3,500.      (Average,   $3,500.) 

"MIDSHIPMAN  JACK"  (Radio) 
RKO  ORPHEUM— (2,600),  20c-40c,  4  days. 
Gross:  $2,000. 

"WILD   BOYS  OF  THE   ROAD"   (F.N.) 
RKO  ORPHEUM— (2,600),  20c-40c,  3  days. 
Gross:  $1,500.     (Average  for  week.  $4,000.) 
"GOLDEN  HARVEST"  (Para.) 
TOWER— (1,000).   15c-25c,  7  days.     Gross: 
$1,500.     (Average,  $1,500.) 

"THE  GOOD  COMPANIONS"  (Fox) 
WORLD— (300),    25c-75c,    7    days.      Gross: 
$1,000. 


Lease  Shelby,  O.,  House 

Shelby,  O.,  Oct.  23. — The  Opera 
House,  a  700-seater,  dark  for  three 
years  after  the  lessee,  H.  D.  Shreffler, 
closed  it  in  order  to  concentrate  pa- 
tronage at  the  Castamba,  which  he 
owns,  now  has  been  leased  for  five 
years  to  William  and  Joseph  Felter. 
Shreffler's  lease  expired  recently,  and 
was  not  renewed. 

William  Felter  operates  the  Moose 
at  Norwalk.  The  house  will  be  re- 
modeled and  new  sound  equipment 
and  seats  installed. 


Bickert  Takes  2  in  Ohio 

Loudonville,  O.,  Oct.  23.— B.  W. 
Bickert,  operating  the  Ohio  here,  and 
the  Grant,  at  Orrville,  O.,  has  taken 
over  the  Palace,  at  Ashland,  thus 
forming  the  nucleus  of  a  more  exten- 
sive circuit. 

The  Grant  heretofore  has  been  under 
lease  by  Fred  Edwards  and  Charles 
Clark. 


Two  Open  in  South 

New  Orleans,  Oct.  23. — Two  re- 
opciiings  in  this  territory  are  the  Capi- 
tol at  Jackson,  Miss.,  and  the  Colum- 
bia at  nammond,  La. 


MOTION  PICTURE 

DAILY 


Tuesday,  October  24,   1933 


Bowery''  at 
$11,500  2nd 
Frisco  Week 


Sax  Francisco,  Oct.  23.— The  hot- 
test October  weather  in  more  than  20 
years  kept  folks  away  from  the  thea- 
tres here  last  week,  and  as  a  result 
most  spots  failed  to  hold  average. 
"The  Bowery,"  in  its  second  week  at 
the  United  Artists,  continued  high 
with  $11,500,  and  will  probably  go  for 
two  or  three  more  stanzas.  Jean  Har- 
low in  "Bombshell"  proved  the  best 
money-maker  of  the  week  with  $18,000 
at  the  Warfield,  still  a  thousand  below 
par.  Maurice  Chevalier  in  "The  Way 
to  Love"  held  steady  at  $15,000  at  the 
Paranx)unt,  which  was  very  good  con- 
sidering the  weather. 

Total  first  run  business  was  $88,200. 
Average  is  $107,000. 

Estimated  takings : 

Week  Ending  Oct.  17: 
"MY   WOMAN"    (Col.) 

GOLDEN  GATE— (2,800),  25c-35c-45c-65c, 
7  days.  Stage:  Georgia  Minstrels.  Gross: 
$8,000.    (Average,    $13,000.) 

Week  Ending  Oct.  18: 
"BOMBSHELL"    (M-G-M) 

WARFIELD— (2,700),  25c-35c-55c-65c-90c.  7 
days.  Stage,  band,  girls.  Gross:  $18  000. 
(Average,   $19,000.) 

Week  Ending  Oct.  19: 

"SATURDAY'S    MILLIONS"    (Univ.) 

ORPHEUM— (3,000),    15c-35c-40c,    7    days. 
Kube  Wolf  band,  girls,  U.  S.  F.  Glee  Club. 
Ooss:    $10,700.    (Average,   $10,000.) 
"PADDY,    THE    NEXT    BEST    THING" 
(Fox) 
EL   CAPITAN— (2,900),    10c-25c-35c-40c,    7 
days.   Stage,  band,  (^oss:   $9,000.   (Average, 
$9  000 ) 
'"BROADWAY    TO    HOLLYWOOD" 

(M-G-M) 
EMBASSY— (1,380)      30c-40c-50c,     7     days. 
Gross:    $3,000.    (Average,    $8,000.) 

Week  Ending  Oct.  20: 
"CURTAIN   AT  8"   (Majestic) 

FOX— (4,600),  10c-15c-25c-35c,  7  days.  Ted 
Fio-Rito  band,  stage.  Gross:  $8,000.  (Av- 
erage, $9,000.) 

'THE  WAY  TO  LOVE"   (Para.) 
PARAMOUNT— (2,670),    25c-35c-55c-75c,    7 
days.    Gross:    $15,000.    (Average,    $15,000.) 

"WALLS  OF  GOLD"   (Fox) 
"WILD   BOYS   OF   THE   ROAD"   (Warn.) 
ST.  FRANCIS- (1,450),  25c-40c-50c,  7  days. 
Gross:    $5,000.    (Average     $6,000.) 

"THE   BOWERY"   (U.   A) 
UNITED  ARTISTS— (1,200),  25c-40c-50c.  7 
days,    2nd    week.    Gross:    $11,500.    (Average, 
$8,000.) 


Bing  Crosby  Deal  on 
''Alice"  Called  Off 

Hollywood,  Oct.  23. — Because  Par- 
amount will  not  pay  the  salary  de- 
manded by  his  brother  and  manager, 
Bing  Crosby  will  not  appear  in  "Alice 
in   Wonderland." 

Crosby  is  under  contract  to  Para- 
mount for  four  pictures  a  year  at  a 
four-figure  salary  per  picture.  The 
studio  wanted  the  crooner  to  sign  a 
side-deal  for  "Alice"  in  which  he  was 
to  appear  in  a  short  sequence  to  sing 
a  song,  but  when  Bing's  manager  de- 
manded that  the  studio  pay  him  the 
usual  four-figure  salary,  the  deal 
cooled. 

Paramount  is  now  trying  to  get  Ar- 
thur Jarrett  to  croon  in  Bing's  place. 


St.  Charles  to  Celebrate 

New  Orleans,  Oct.  23. — Elaborate 
plans  have  been  laid  for  observance 
of  the  first  anniversary  of  the  St. 
Charles  on  Oct.  28.  Radio  broadcasts, 
the  same  speakers  who  attended  the 
opening,  and  clips  from  some  of  the 
hit  films  of  the  past  year  are  set  for 
the  program. 


Bad  on  Sunday 

Hollywood,  Oct.  23.— On 
week  days  its  okay,  but  on 
Sunday  it's  illegal  to  use  the 
word  hell  in  Boston. 

This  freak  in  the  censor- 
ship rules  forced  Fox  to  make 
a  retake  of  an  expensive 
scene  in  Jesse  L.  Lasky's  "I 
Am  Suzanne."  Gene  Ray- 
mond let  the  word  slip  and 
Rowland  V.  Lee  remembered. 


ii 


.99 


Footlight 
Hits  $24,000 
In  Pittsburgh 


Pittsburgh,  Oct.  23. — While  the 
Stanley,  with  "Footlight  Parade,"  was 
almost  trebling  its  average  gross  with 
$24,000,  and  the  Penn  was  shooting 
away  above  par  with  "Night  Flight" 
and  the  return  engagement  of  "The 
Three  Little  Pigs"  last  week,  the 
smaller  houses  were  all  taking  it  on 
the   chin. 

"Footlight  Parade"  topped  even 
"42nd  Street"  and  "Gold  Diggers  of 
1933"  by  a  few  hundred  dollars,  while 
the  Penn  gathered  around  $17,000, 
with  "Three  Little  Pigs"  getting  al- 
most as  much  credit  as  the  feature 
picture  itself.  The  Davis,  at  $1,000, 
hit  a  new  low  with  "Midshipman 
Jack,"  which  was  pulled  after  five 
days,  while  the  Fulton  didn't  fare  a 
whole  lot  better  with  "Disgraced," 
getting   only  $2,900. 

The  Pitt,  too,  slipped  to  $4,200 
with  "The  Phantom  Broadcast"  and 
vaudeville,  while  the  Warner,  with 
"Saturday's  Millions,"  did  fairly  well 
at  $4,700,  getting  a  good  opening  on 
the  strength  of  a  football  tie-up  ar- 
ranged with  the  University  of  Pitts- 
burgh. "Dinner  at  Eight"  closed  its 
roadshow  engagement  at  the  Nixon 
weakly,  claiming  only  around  $3,900 
for  its  third  week. 

Total  grosses  in  six  first  run  houses 
were  $53,800.    Average   is   $37,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  21 : 

"MIDSHIPMAN    JACK"    (Radio) 

DAVIS— (1.700),    25c-40c.    5    days.    Gross: 
$1,000.    (Average,    for   six   days,   $2,500.) 
"DISGRACED"    (Para.) 

FULTON— (1,750).  15c-40c,  6  days.  Gross' 
$2,900.     (Average.    $4  000.) 

"DINNER   AT   EIGHr'    (M-G-M) 

NIXON— (2.100),  55c-$1.65,  3rd  week.  12 
performances.  Gross:  $3,900.  Two  previous 
weeks,    $18,000. 

"NIGHT    FLIGHT"    (M-G-M) 

PENN— (3..300).     2.5c-50c.     6    days.     Gross: 
$17,000.    (Average.    $12,000.) 
"PHANTOM     BROADCAST"    (Monogram) 

PITT— (1,600).  15c-40c,  6  days.  Stage: 
Frank  and  Pete  Trado;  Hilton  and  Garon; 
Tack  Shea's  orchestra;  Paulo,  Pquita  and 
Menita;  Nash  and  Fately;  Pease  and  Nel- 
son, and  Johnny  Bryant.  Gross:  $4,200. 
(Average     $4,500.) 

"FOOTLIGHT  PARADE"   (Warners) 

STANLEY— (3.600).  25c-,50c,  6  days. 
Gross:    $24,000.    (Average.    $9,000.) 

"SATURDAY'S     MILLIONS"     (Univ.) 

WARNER— (2.000).  25c-.50c,  6  days.  Gross: 
$4,700.    (.Average,    $5,000.) 


B.  &  D.  Refinancing 

London,  Oct.  23. — British  and  Do- 
minions will  hold  a  meeting  the  end 
of  this  month  to  rewrite  its  financial 
structure.  The  plan  calls  for  a  write- 
off of  approximately  $900,000.  For 
the  first  six  months  of  the  current 
fiscal  year  to  April  29,  profit  was  ap- 
proximately $80,000. 


ii 


Vickers"  $5,200 
Draw  in  Oklahoma 


Oklahoma  City,  Oct.  23. — "Ann 
Vickers"  at  the  Criterion  took  top 
money  here  last  week,  doing  $5,200, 
which  is  above  average  by  $200.  The 
Liberty,  with  two  changes,  came  out 
very  well,  doing  $1,800  on  "Tarzan, 
the  Fearless"  and  $1,600  on  "Brief 
Moment,"  which  gave  that  theatre 
$3,400,  $400  above  the  average.  The 
Capitol  hit  par  with  "Broadway  to 
Hollywood,"  taking  $3,000. 

Total  first  run  business  was  $11,600. 
Average  is  $11,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  21 : 

"ANN  VICKERS"  (Radio) 

CRITERION— (1,700).     10c-2Oc-26c-36c-41c- 
56c.  7  days.  Gross:  $5,200.   (Average,  $5,000.) 
"TARZAN,   THE   FEARLESS"    (Principal) 
LIBERTY— (1,500),   10c-15c-26c-36c,  4  days. 
Gross:    $1,800.    (Average    week,    $3,000.) 
"BRIEF    MOMENT"    (Col.) 
LIBERTY— (1  500),  10c-15c-26c-36c,  4  days. 
Gross:    $1,600.    (Average    week,    $3,000.) 
"BROADWAY   TO   HOLLYWOOD" 
(M-G-M) 
CAPITOL— (1,200),     10c-20c-26c-36c-41c,     7 
dav.»     Groas:    $3,000.    (Average,   $3,000.) 


Portland  Pantages 
Opening  Set  Oct.  27 

Portland,  Oct.  23. — The  Pantages 
will  be  opened  Oct.  27,  according  to 
Rodney  Pantages.  Harry  M.  S.  Ken- 
drick  will  be  manager. 

Reopening  of  the  Portland  house 
means  the  addition  of  a  payroll  of 
from  50  to  60  people.  With  the  stage 
talent,  this  will  increase  the  weekly 
payroll  to  between  75  and  80.  Colum- 
bia product  has  been  booked,  with  the 
opening  attraction  "Lady  for  a  Day." 


"Bowery"  $15,000 
Hit  in  Providence 


Providence,  Oct.  23. — Both  Loew's 
State  and  the  RKO  Albee  skyrocketed 
to  exceptionally  big  grosses  here, 
catching  $15,000  apiece  with  strong 
bills.  Loew's  is  indebted  to  the  smash 
hit,  "The  Bowery,"  for  its  high  rating, 
as  the  vaudeville  was  mediocre,  but  the 
Albee  had  George  White's  "Scandals" 
to  thank  rather  than  the  picture, 
"Love,  Honor  and  Oh  Baby."  Both 
Fay's  and  the  Majestic  knocked  out 
average  weeks,  catching  $7,000  each, 
while  the  Paramount  was  so-so. 

Stiff  competition  between  Loew's 
and  Albee  these  days  with  the  latter 
bringing  Morton  Downey  to  town  next 
week.  Recently  Loew's  had  the  Mills 
Brothers   as  vaude  headliners. 

Total  first  run  grosses  were  $51,200. 
Average  is  $43,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  20: 

"POWER   AND   THE   GLORY"    (Fox) 
"BITTER    SWEET"    (U.    A.) 

MAJESTIC— (2,400).  15-40c.  7  days.  Gross: 
$7,000.    (Average,    $7,000.) 

"THE  SILK  EXPRESS"  (Warners) 

FAY'S— (1.600).     15c-40c,    7    days.    Stage: 
"Gay    Paree"    revue.    Gross:    $7,(X)0.    (Aver- 
age,  $7,000.) 
"LOVE,  HONOR  AND  OH  BABY"  (Univ.) 

RKO  ALBEE— (2,300),  15c-40c,  8  days. 
Stage:  George  White's  "Scandals."  Gross: 
$15,000.    (Average,   $10,000.) 

"THE   BOWERY"   (U.  A.) 

LOEW'S  STATE^(3,800),  lSc-40c,  7  days. 
Stage:  Stone  and  Vernon;  Mary  Hanes; 
Ed  and  Morton  Beck;  Maurice.  Gross: 
$15,000.    (Average,   $12,000.) 

"GALLOPING  ROMEO"    (Monogram) 
"BRIEF   MOMENT"    (CoL) 

RKO  VICTORY— (1,600),  10c-25c,  4  days. 
Cross:    $1,200.    (Average     $1,000.) 

"SWEETHEART  OF   SIGMA  CHI" 

(Monogrzun) 
"CURTAIN    AT    EIGHT"    (Majestic) 

PARAMOUNT— (2,300),  15c-40c,  7  days. 
Gross:    $6,000.    (Average,   $6,500.) 


VIEWPOINT 


PROJECTOR  CARBONS 

ore  the  most  economical 
and  satisfactory 

iNational  Pro- 
jector Carbons  1. 

surpass  in  both  volume  and 
efficiency  of  screen  illumi- 
nation.   They    have   won 
every  competitive  test  in 
which  all  three  major  factors 
have  been  compared  —  screen 
illumination,  am- 
perage, carbon  life. 


I 


The  brilliancy, 
steadiness,  and 
snow  white  quality  of  the 
light  from  National   Pro 
jector  Carbons  is  a  source 
of  satisfaction  to  the  pa- 
trons of  the  theatre.  Satisfied 
patronage  is  directly  reflected 
in   satisfying   box 
office  returns. 


NATIONAL 


PROJECTOR  CARBONS 

NATIONAL  CARBON  COMPANY,  INC. 

Carbon  Sales  Division,  Cleveland,  Ohio 
Unit  of  Union  Carbide  MH^  ond  Carbon  Corporation  ».~~.~.t 

Branch  Soles  Offices  -   New  York  -   Pittsburgh  -   Chicago  -   Son  Francisco 


l 


The  Leading 

Daily 

Newspaper 

^  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  98 


NEW  YORK,  WEDNESDAY,  OCTOBER  25,  1933 


TEN  CENTS 


Sale  of  Loew 
Stock  Is  Set 
For  Nov.  27 


Former  Fox  Holdings  of 
660,900  Shares  to  Go 


Sale  of  the  660,900  shares  of 
Loew's  Inc.,  through  which  William 
Fox  secured  virtual  control  of 
Loew's  on  Feb.  28,  1929,  is  to  be  made 
to  the  highest  bidder  on  Nov.  27  by 
the  Chemical  Bank  &  Trust  Co.  Fox 
is  understood  to  have  paid  an  average 
of  $125  a  share  for  this  block. 

John  R.  Hazel  and  Thomas  Nelson 
Perkins,  trustees  by  appointment  of 
the  U.  S.  District  Court  since  the 
Government  won  a  Clayton  Act  decree 
against   Fox   Film   and   Fox   Theatres 

(Continued  on  paac  6) 


Vitaphone-Erpi  Suit 
Argued  in  Delaware 

DovEK,  Oct.  24. — Argument  was 
heard  in  the  Supreme  Court  today  in 
the  Vitaphone  suit  against  Erpi, 
which  is  said  to  involve  claims  run- 
ning up  to  $50,000,000.  Decision  was 
reserved. 

Counsel  for  Erpi  took  the  case  to 
the    Supreme    Court    in    an    effort    to 

(Continued    on    page    2) 


Franklin  Undecided; 
Gets  Dinner  Tonight 

Harold  B.  Franklin's  future  plans 
continue  indefinite.  He  declared  yes- 
terday he  was  figuring  on  a  trip 
abroad  "for  a  change  of  scene,"  that 
he  was  analyzing  a  number  of  propo- 
sitions and  still  leaned  more  favorably 
{Continued  on   page  2) 


lATSE  Has  Signed 
Code's  Third  Draft 

The  I.  A.  T.  S.  E.  has  already 
signed  the  third  draft  of  the  proposed 
industry  code,  Isadore  Bregoff  of  the 
firm  of  Rubien  &  Bregoff,  attorneys 
for  the  international,  stated  yesterday. 
This  binds  all  affiliate  unions  through- 
out the  country  to  the  agreement,  he 
said.  Fred  Dempsey,  vice-president 
of  the  L  A.  T.  S.  E.,  did  the  signing. 
Dempsey  announced  this  to  the  L  T. 
O.  A.   at  a   meeting  last  night. 


ITOA  Presents  Labor 
Terms  to  Five  Unions 

Efforts  to  straighten  out  the  local 
labor  situation  were  resumed  last 
night  when  the  L  T.  O.  A.  and  five 
stagehands'  and  operators'  unions  met 
at  the  Astor.     The  first  meeting  was 

(Continued  on  paae  6) 


Says  Coast  Code  Objections 

Resulted  from  Split  in  Ranks 

Hollywood,  Oct.  24. — Lack  of  unison  in  the  ranks  of  the  creative 
elements  at  the  studios  resulting  in  an  "open  door"  for  eastern 
executives  to  write  into  the  code  those  clauses  which  they  wanted 
is  blamed  for  current,  widespread  dissatisfaction  in  Hollywood 
over  the  pact,  declared  Lester  Cowan,  executive  secretary  of  the 
Academy  of  M.  P.  Arts  and  Sciences,  upon  his  return  from  Wash- 
ington and  New  York. 

He  continues  to  feel,  he  said,  that  if  Hollywood  forces  band 
together,  whether  under  the  aegis  of  the  Academy  or  any  other 
unified  organization,  much  can  yet  be  done  with  the  NRA  relative 
to  the  Article  .5,  former  producers'  Article  10,  which  talent  finds 
objectionable.  Cowan  also  maintains  that  if  Deputy  Administrator 
Rosenblatt  came  to  Hollywood  he  would  carry  away  with  him  a 
different  conception  of  conditions  at  the  studios. 


Stagger  Plan 
As  An  Aid  to 
Musicians  On 


A  stagger  system  to  provide  par- 
tial employment  for  musicians  now 
out  of  work  is  being  discussed  be- 
tween representatives  of  the  five  na- 
tional circuits  and  Joseph  N.  Weber, 
president  of  the  American  Federation 
of  Musicians.  The  initial  confab  was 
held  a  week  ago  and  the  second  yes- 
terday   morning. 

Deputy  Administrator  Sol  A.  Ro- 
senblatt is  understood  to  have  re- 
quested the  circuits  to  get  together 
with    Weber    in   a    move   to   evolve   a 

(Continued  on  page  2) 


Monogram  Men  Talk 
Budget  Boost  Today 

Cleveland,  Oct.  24. — Officials  of 
Monogram  will  meet  with  the  com- 
pany's franchise  holders  from  all  over 
the  country  here  tomorrow  at  the 
Statler  to  discuss  expansion  of  the 
production  budget  for  the  coming  sea- 
son. Monogram  will  seek  acceptance 
of   a   proposal   to   double   the   cost    of 

(Continued    on    page    2) 


Indies  to  Take 
Code  Dispute 
To  Roosevelt 


Chicago.  Oct.  24. — Six  hundred 
exhibitors  representing  1,762  theatres, 
gathered  here  today  at  a  meeting  of 
Allied  States,  unanimously  endorsed 
a  proposal  to  carry  on  no  further 
negotiations  with  Deputy  NR.A^  Ad- 
ministrator Sol  A.  Rosenblatt  and 
appealed  to  President  Roosevelt  for 
a  representative  to  produce  a  code 
satisfactory    to    independents. 

The  attack  on  Rosenblatt's  handling 
of  the  code  was  launched  by  Col.  H. 
A.  Cole  of  Texas,  who  acted  as  chair- 

(Continued  on  page  6) 


Hammons  Sees  Code 
AsHelpto  Talent 

Chicago,  Oct.  24. — While  the  code 
in  its  present  form  may  be  a  disad- 
vantage to  some  players  in  the  higher 
salary  brackets,  it  is  a  benefit  to  the 
rank  and  file  in  the  industry,  declared 
I£.  W.  Hammons  today  between  trains 

(Continued  on  page  6) 


Fox  Prof  it  for  26  Weeks 

Goes  Up  to  $330, 777 


Vox  Films  yesterday  reported  con- 
solidated net  earnings  of  $330,777.61 
for   the  26   weeks  ending   Sept.   30. 

Since  the  effective  date  of  the  com- 
pany's reorganization,  which  was 
April  1,  the  company  has  accumu- 
lated a  surplus  of  $662,582.16,  its 
statement  pointed  out.  No  mention 
of    the    financial    condition    of    Wesco 


Corp.,  h(jlding  company  for  Fox 
West  Coast,  was  included,  added  the 
company,  becau.se  its  principal  theatre 
operating  subsidiaries  are  in  bank- 
ruptcy. 

Gross  income  for  the  period  totalled 
$15,449,322.63.     Of  this  .sum  $14,678,- 
330.51    was  from   sales  and   rentals  of 
(Continued  on  page  6) 


Industry  Code 
Is  Passed  By 
Buyer  Group 

Rosenblatt  Set  to  Submit 
Pact  to  Government 


Wa.shingto.v,  Oct.  24. — Receiving 
today  the  report  of  the  Consumers' 
Advisory  Board,  the  last  of  the  three 
Board  reports  required,  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  is  pre- 
paring to  complete  his  review  of  the 
film  code  and  its  negotiations  as  soon 
as  possible  in  the  hope  of  getting  the 
agreement  into  General  Hugh  S. 
Johnson's  hands  before  the  end  of  the 
week. 

As  the  time  for  submission  of  the 
code  to  the  administrator  draws  near- 
er, it  becomes  quite  evident  that  there 
will  be  no  further  general  revision. 
Changes  have  been  made  in  the  third 
revision  of  the  document  and  others 
may  be  made,  but  it  is  indicated  that 
details  of  these  amendments  will  not 
be  made  known  until  after  President 
Roosevelt  affixes  his  signature  to  the 
code  and  the  approved  agreement  is 
published.  However,  it  is  under- 
stood, none  of  the  changes  is  of 
wide  importance. 

The  report  of  the  Consumers'  Ad- 
visory Board  approved  the  code  with- 
out qualification,  it  was  learned  here 
today,  but  did  say  that  the  board  has 
certain    suggestions    for    additions    to 

(Continued  on  page  6) 


Claims  No  Word  In 
On  Coast  Defections 

Hollywood,  Oct.  24. — The  Associ- 
ation of  M.  P.  Producers,  the  Hays' 
organization  on  the  coast,  declared  to- 
day it  had  received  no  official  notice 
of  the  resignation  of  Joseph  M. 
Schenck  and  Samuel  Goldwyn.  "When 
and  if  it  is  received,  the  resignations 
will  be  presented  to  the  executive 
board  for  consideration,"  a  spokes- 
man declared. 


Late  Monday  evening  in  Holly- 
wood, Joseph  M.  Schenck  and  Sam- 
uel Goldwyn  declared  they  had  re- 
signed   from    the    Hays    organization. 

(Continued  on  page  6) 


Chorine  Code  Shift 
Report  Not  Verified 

Washington,  Oct.  24. — Reports 
that  the  code  provision  specifying  that 
stage  talent  should  be  guaranteed  one 
week's  work  if  rehearsals  continue  for 
three   days    was    to   be   changed    in    a 

(Continued  on  page  6) 


MOTION  PICTURE 

DAILY 


Wednesday,  October  25,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

h'ormerly    Exhibitors    Daily    Review 

and    Motion    Pictures    Today 


\'ol.    34 


October    25,    1933 


No.    98 


Martin   Quigley 

Editor-in-Chief   and    Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^-Sr\  PUBLISHED  daily,  except  Sunday 
f  jl  J  and  holidays,  by  Motion  Picture 
X^^  Daily,  Inc.,  a  Quigley  Publication. 
^  at  1790  Broadway,  New  York. 
Telephone  Circle  7-3100.  Cable  address 
"QuiRpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets:  Victor 
M.  Shapiro.  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
.Manager. 

London  correspondent:  W.  H.  Mooring , 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenbera.  "The  Film  Kurier,"  Kothener- 
strasse  37.  Berlin.  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Tour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4.     1926.    at    the      M|  B  A 
Post   Office  at  New   York  City.    ^."S^ 
N.   Y..  under  Act  of   March  3.     ^  —  -^ 
1879. 

Subscription    rates   per   year: 
$6     in     the     Americas,     except      %F^^ 
Canada:     Canada    and     foreign      wi«o«»««t 
$15.      Single   copies:    10   cents. 


Monogram  Men  Talk 
Budget  Boost  Today 

(Continued  from   pane  1) 

each  picture  to  be  made  in  the  future, 
with  $100,000  suggested  as  the  mini- 
mum production  outlay  for  a  special. 

W.  Ray  Johnston,  president  of 
Monogram,  will  preside  at  the  gath- 
ering. He  is  already  here  with  Trem 
Carr,  vice-president  in  charge  of  pro- 
duction. 

The  meeting  is  expected  to  termi- 
nate Thursday  evening. 


Nebraska-Iowa  Unit 
Reelects  Williams 

Omaha,  Oct.  24. — Charles  E. 
Williams,  veteran  president  of  the 
M.P.T.O.  of  Nebraska  and  Iowa,  was 
re-elected  to  his  14th  term  at  the  an- 
nual meeting  of  the  organization, 
which  opened  in  the  Loyal  Hotel  here 
today.  The  meeting  was  attended  by 
50  exhibitors. 

Five  members  of  a  board  of  15 
directors  were  also  re-elected.  A 
scheduled  code  discussion  was  post- 
poned until  Wednesday,  when  a  gen- 
eral meeting  of  all  exhibitors  in  this 
region  will  be  held.  Lester  Martin 
of  the  Iowa-Nebraska  Allied  unit, 
and  Cal  Bard,  a  representative  of  this 
territory  at  the  Washington  code 
hearings,   will   submit  their  reports. 


Skouras  Gets  2  in  Bronx 

George  Skouras  has  added  the 
Blenheim  and  Belmont  in  the  Bronx 
to  his  local  circuit. 


Short    Subjects   Wanted 

Short   subjects  wanted 
for    distribution    in 
Illinois    and     Indisuia 

GRIEVER  PRODUCTIONS 

831    South   Wabash    Ave.,   Chicago,    111. 


Looking  ^Em  Over 


"Dance,  Girl,  Dance" 

{Chesterfield) 

Nicely  staged  and  with  convincing  performances  by  Alan  Dinehart 
and  Evalyn  Knapp. 

It  is  the  story  of  a  girl  betrayed  by  her  second-rate  vaudeville  partner. 
She  makes  her  way  to  New  York  and  is  befriended  by  a  woman  agent 
(Mae  Busch),  who  gets  a  chance  in  the  dance  troupe  of  a  night  club 
run  by  Alan  Dinehart.  Her  girlish  charm  intrigues  him  and  he  finances 
her  on  a  trip  out  of  town  while  she  has  a  baby. 

When  she  returns  he  gives  her  a  chance  to  sing  and  eventually  asks 
her  to  marry  him,  but  the  vaudeville  partner,  Edward  Nugent,  returns  in 
a  repentant  mood  and  she  goes  back  to  him. 

Comedy  is  almost  entirely  absent,  but  the  dance  numbers  and  inci- 
dental music  give  the  film  production  value.  A  Mayfair  audience 
seemed   interested  yesterday. 


Vitaphone-Erpi  Suit 
Argued  in  Delaware 

(Continued  from  fape  1) 

upset  a  decree  handed  down  two 
months  ago  by  Chancery  Court.  This 
decree  would  have  required  Erpi  to 
file  an  answer  to  the  Vitaphone 
charges.  Erpi  argues  that  Chancery 
erred  in  not  holding  that  Vitaphone  is 
barred  from  prosecuting  the  action 
here  under  three  agreements  entered 
into  between  the  two  and  that  Vita- 
phone is  compelled  to  submit  all  dis- 
putes to  arbitration  in  New  York 
under   a   state   authorization   law. 

Vitaphone  charges  Erpi  violated 
its  agreements  by  charging  producers 
licensed  by  the  latter  to  use  sound 
equipment  $500  a  reel  royalty,  instead 
of  eight  per  cent  of  the  gross  profits 
derived  from  the  use  of  licenses. 


New  Kind  of  Gift 

S.  Charles  Einfeld  celebrates  a 
birthday  today — about  his  32nd.  The 
Warner  publicity  and  advertising 
staff,  passing  up  the  usual  sort  of 
gift,  is  centering  activities  on  giving 
him  instead  its  ace  Broadway  open- 
ing in  connection  with  debut  of  "The 
World  Changes"  at  the  Hollywood 
tonight. 


Next  Summer ville-Pitts 

Hollywood,  Oct.  24. — The  third 
Slim  Summerville-Zasu  Pitts  comedy 
feature  of  the  current  season  for  Uni- 
cersal  will  be  "Where's  Elmer?"  from 
a  story  by  Benjamin  Paul  Sydney. 


Franklin  Undecided; 
Gets  Dinner  Tonight 

(Continued  from   pa(ie  1) 

toward  production  than  any  other 
phase  of  the  business. 

Tonight,  RKO  executives,  under  the 
chairmanship  of  Phil  Reisman,  will 
tender  the  former  circuit  official  a 
farewell  dinner  at  the  Waldorf.  The 
function  will  be  essentially  a  "family 
affair."    Among  those  present  will  be : 

M.  H.  Aylesworth,  J-  R.  McDon- 
ough,  Charles  Koerner,  Robert  F. 
Sisk,  Ned  E.  Depinet.  Jules  Levy, 
Nate  Blumberg,  A.  P.  Waxman,  Syd- 
ney S.  Cohen,  Herbert  J.  Yates,  Fred 
Meyers,  Max  Fellerman,  Henry  J. 
Walters,  Arthur  J.  Benline,  William 
Howard,  Arthur  Willi,  Louis  Cohen, 
Russell  Emdy,  Charles  McDonald, 
James  Brennan,  Lou  Goldberg,  J.  J. 
Franklin,  W.  G.  Van  Schmus,  Roxy, 
J.  J.  McCarthy,  O.  R.  McMahon  and 
Barret  McCormick. 


Robert  Schoen  Passes 

Robert  Schoen,  62,  veteran  local 
exhibitor,  died  of  heart  failure  late 
Monday  evening.  Funeral  services 
will  be  held  today  at  Reich's  Chapel 
at  444  Central  Park  West.  He  leaves 
a  widow,  Dora :  two  sons,  Joseph  and 
Murray,  and  a  married  daughter, 
Mrs.  Gertrude  Ashkin. 


S.  R.  Kent  Sails 

S.  R.  Kent,  Fox  president,  sailed 
for  Europe  last  night  at  midnight  on 
the  Berengaria. 


Loew  Pfd,  Rises  Two  Points 

Net 

Hieh  Low  Close  Change 

Cohimbia    Pictures,    vtc 21'/^  20'/  21'/^  -|-  14 

Consolidated   Film   Industries,   pfd H'A  &%  M  +  Va 

Kastman     Kodak     75!/^  73  ySVi  -f254 

Fnx    Film    "A" 13'/  13  13'/  -fl'/ 

I-.oew's,     Inc 2854  26  28^  -\-2Vf. 

Toew's.    Inc.,    pfd 68  68  68  -f 2 

Paramount     Publi.x      Wn.  Wn  Wn.  

Pathf   Fxchange    I'/  15^  W»  

Pathe     Exchange     "A" 8%  ^  87/  -f  3/ 

RKO     2!4  2'/  2'/  —  '/ 

TTniversal     Pictures,     pfd 20  20  20  —  '/ 

Warner    Bros 6/  6  6^  +  Yf. 

Technicolor  Off  Three  Quarters 

Net 
High       Low       Close      Change 

Technicolor     H.'/j        10^4         lO-H        —  ^ 

Para.  Broadway  Gains  One  and  a  Half 

Net 

High  Low  Close  Change 

General    Theatre    Equipment   6s   '40 4  3-V^  iVn  

General   Theatre  Equipment  6s   '40,  ctf 3'/  3'/  3'/  —  '/ 

Paramount    Broadway    5'4s  '51 .TO  ,TO  30  -(-I'/ 

Paramount    F.    L.    6s    '47 29  29  29  -f  '/ 

Paramount    Puhlix    S^s    'SO 27  27  27  —VA 

Pathe    7s    '37,    ww 80  80  80  

Warner   Bros.   6s   '39.   wd 41  40'/  40'/  -3/ 


Sales 

30O 

300 

600 

600 

1.600 

100 

100 

300 

200 

100 

1,000 

4.100 


Sales 

700 


Sales 

18 
2 
4 
1 
2 
T 
3 


Stagger  Plan 
As  An  Aid  to 
Musicians  On 


(Continued  from  page  1) 

plan  which  would  help  reduce  the  un- 
employment curve  among  wielders  of 
fiddles,    saxophones    and   drums. 

Three  specific  points  already  have 
been  advanced  by  circuit  representa- 
tives. The  stagger  scheme  calls  for 
25  per  cent  replacement  of  new  musi- 
cians, at  prevailing  wages.  In  some 
instances,  it  may  be  determined  to  set 
in  an  entirely  new  orchestra  in  those 
pictures  houses  which  still  use  them 
every  fourth  week.  In  others  and 
with  the  possible  exception  of  key  or- 
chestra men,  substitutes  would  be 
dropped  in  on  the  basis  of  one  week 
in  every  four.  At  no  increase  to  the- 
atre operators,  therefore,  more  musi- 
cians, in  this  wise,  would  be  given 
partial  employment  and  a  reduction  in 
income  accepted  by  employed  music- 
makers  to  help  their  less  fortunate 
co-workers. 

A  second  suggestion  is  an  adjust- 
ment of  prevailing  scales  to  permit 
neighborhood  de  luxers  to  augment 
orchestras  by  one  or  more  men  over 
week-ends. 

A  third  slant,  likewise  bearing  on 
existing  scales,  concerns  situations 
where  theatre  operators  incline  to- 
ward breaking  up  straight  picture  pol- 
icies with  occasional  stage  units  re- 
quiring orchestras.  Theatremen  are 
on  record  as  having  declared  private- 
ly their  policies  would  be  considerably 
more  flexible  if  organized  unions 
would  lay  off  attempted  "squeeze 
plays"  and  allow  them  more  leeway. 
More  stage  units  would  be  used,  it 
has  been  asserted,  if  local  musicians' 
unions  would  desist  in  their  efforts  to 
capitalize  such  occasional  policy  by 
seeking  to  force  a  contract  over  long- 
er intervals  of  time. 

Weber  probably  will  have  to  take 
the  issues  to  his  membership  through- 
out the  country.  Whether  or  not  em- 
ployed musicians  will  relish  the  idea 
of  the  stagger  system  and  the  en- 
forced reduction  in  their  working  time 
thereby  entailed  was  an  eventuality 
that  could  not  be  foreseen.  Circuit 
spokesmen  inclined  toward  the  belief 
the  head  of  the  American  Federation 
of  Musicians  will  have  a  tussle  on  his 
hands. 


Loew  to  Fight  K.  C, 
Receiver — Friedman 

Kansas  City,  Oct.  24. — Leopold 
Friedman,  general  counsel  for  Loew's, 
arrived  here  yesterday  for  conferences 
with  John  McManus,  Midland  theatre 
manager,  regarding  the  receivership 
suit  pending  against  local  Loew  prop- 
erties. 

After  talking  with  Loew  attorneys 
he  said  the  company  intended  to  re- 
sist the  action  filed  here  last  week  by 
M.  B.  Shanberg  and  H.  B.  Woolf 
and  F.  H.  Reid.  He  denied  Loew's 
intends  to  break  the  lease  or  to  relin- 
quish the  property,  as  alleged  in  the 
petition.  A  hearing  on  an  applica- 
tion for  a  tetnporary  receivership  will 
come   up   early   in    November. 

Friedman  left  for  the  coast  last 
night  on  the  Santa  Fe  Chief  with 
Nicholas  M.  Schenck.  He  expects 
to   return  here  next  week. 


THRILL  DRAMA 
RIPS  LID  OFF 
SNATCH  RACKET 


•  Alert  FOX  manpower  first  with 
imash  hit  showing  aroused  public's 
finish  fight  with  kidnap  gangs,,, front- 
paged  by  every  American  newspaper! 

•  Amazing  inside  angles  on  dastardly 
methods  of  ransom  racketeers .  . 
based  on  actual  kidnap  cases! 

•  Timely  drama  that  hits  home. ..and 
box  office! 

•  Absorbing  thrills  guarantee  sure- 
fire preferred-time  clean-up  for  any 


GAME 

SPENCER  fRA 

CLAIRE  TREVOR 
RALPH  HORCAN 

Directed  by  Irvinit  Cummin^s 


man's  house! 


EVERY  NEWSPAPER  IS  A 
HERALD  FOR  YOUR  SHOW 


A     FIRST      NATIONAL      PICTURE.      DIRECTED      BY     MERVYN      LEROY,      WHO     MADE     "I     k 


WARNER  BROS.  WILL  INTRODUCE  THEIR  MOST  IMPORTII 
PRODUCTION  SINGE  "I  AM  A  FUGITIVE"  TODAY  AT 


I    A    SINGLE    MOTION    PICTURE,    THE    FURIOUS 
RAMA    OF    TODAY'S    NEW   WORLD!  ...... 

From  the  mother  who  gives  birth  to  her  son  on  the  dust  of  a 
Dakota  prairie  to  the  fighting  conqueror  of  millionaires... From 
the  divine  love  of  a  farm  girl  to  the  dollars  that  bought  the 
body  and  soul  of  a  platinum  debutante ...  From  good  to  bad 
—  fronj  old  to  new— from  West  to  East— from  Heaven  to  hell 
...this  glorious  story  charges  to  the  climax  of  all  screen  drama! 


MM. 


DRAMATIC    ' 
HOLLYWOOD 


One  gave  him  life  and  turned  his  face  to- 
ward the  sun  .  .  .  The  others  killed  his  soul 
and    left  him   broken   among    his   dreams! 

ALINE  MACMAHON,  MARY  ASTOR, 
MARGARET  LINDSAY,  PATRICIA  ELLIS, 
JEAN    MUIR,   AND   20   OTHERS 


MOTION  PICTURE 

DAILY 


Wednesday,  October  25.   1933 


Industry  Code 
Is  Passed  By 
Buyer  Group 


(Continued  from  ['a fie  1) 

the  agreement,  although  its  approval 
was  not  conditioned  upon  their  ac- 
ceptance. 

Makes  Recommendations 

On  reviewing  the  original  draft  of 
the  code,  the  board  made  a  number 
of  recommendations,  it  is  said,  only 
to  be  told  by  the  legal  experts  of  the 
Administration  that  it  was  going  be- 
yond the  scope  of  the  law.  The  sug- 
gestions made  in  its  final  report  are 
understood  to  be  without  the  scope 
of  the  code  and  therefore  cannot  be 
included  and  were  made  apparently 
with  a  view  to  putting  itself  on  rec- 
ord with  regard  to  certain  matters 
not  covered  by  the  code  but  on  which 
it  believed  some  action  should  be 
taken. 

With  General  Johnson  again  iter- 
ating his  opinion  that  the  Recovery 
Act  does  not  permit  the  setting  of 
maximum  salaries,  it  is  expected  that 
the  $10,000  penalty  for  offering  ex- 
cessive salaries  w-ill  either  be  further 
clarified  before  the  agreement  goes  to 
the  President  or  will  be  considered 
solely  as  a  restriction  of  an  unfair 
practice.  There  is  also  some  question 
whether  a  code  should  contain  a  pen- 
alty because  of  the  fact  that  the  Re- 
covery Act  itself  stipulates  the 
punishment  for  violations  of  code  pro- 
visions. 

Issues  Order  to  Protect  Codes 

An  executive  order  issued  today  by 
President  Roosevelt  paves  the  way 
for  application  of  those  provisions  of 
the  Recovery  .'\ct  authorizing  the  re- 
striction of  imports  which  may  render 
ineffective  or  seriously  endanger  the 
maintenance  of  codes.  Forms  have 
been  developed  on  which  complaints 
of  foreign  competition  and  applica- 
tions for  relief  may  be   submitted. 

Liberal  interpretation  of  the  execu- 
tive order  published  yesterday  releas- 
ing from  XRA  requirements  enter- 
prises with  not  more  than  five  em- 
ployes in  towns  of  less  than  2,500  is 
expected  to  relieve  a  large  number  of 
exhibitors  from  the  labor  provisions 
of  the  film  code.  No  formal  inter- 
pretations have  been  issued  as  yet  but 
it  was  indicated  by  the  Administra- 
tion that  control  of  small  establish- 
ments in  small  towns  will  be  virtu- 
ally abandoned. 


Chorine  Code  Shift 
Report  Not  Verified 

(Coiitiiiuril    from    paac    1) 

fourth  code  draft  to  apply  only  when 
rehearsals  last  five  days  could  not  be 
verified  here. 


Mrs.  Dorothy  Bryant,  executive 
secretary  of  Chorus  E(|uity  Ass'n., 
said  yesterday  she  had  not  been  offi- 
cially advised  that  such  a  change 
was  contemplated,  nor  had  she  been 
invited  to  discuss  it  either  here  or  in 
Washington.  Mrs.  Bryant  said  she 
had  signed  the  third  code  draft  for 
her  organization  and  felt  that  the  ac- 
tion warranted  her  being  advised  in 
the  event  changes  in  its  stage  talent 
provisions   were  contemplated. 


Fox  Prof  it  for  26  Weeks 

Goes  Up  to  $330, 777 


(Continued 

films  and  literature,  $258,384.34  was 
dividends  from  investments  and  other 
income  was  $512,607.78.  Expenses,  in- 
cluding exchange  and  home  office  op- 
eration, amortization  of  film  costs  and 
participation  in  film  rentals  totalled 
$14,786,935.68. 

Profit  before  interest  and  deprecia- 
tion was  $662,386.95.  Interest,  amor- 
tization of  discount  and  expenses  on 
funded  debt  with  depreciation  of  fixed 
assets  totalled  $331,609.34. 

Foreign  exchange  showed  a  profit 
of  $487,804.55,  but  settlement  of  con- 
tracts entered  into  in  prior  years  re- 
duced this  by  $156,000,  leaving  $331,- 
804.55.     This,  added  to  the  net  oper- 


from    pane    1) 

ating  profit  of  $330,777.61,  was  car- 
ried to   surplus. 

A  note  in  the  report  says :  "Inter- 
est on  the  debentures  and  bank  loans, 
which  was  computed  to  Aug.  1,  1933, 
and  formed  part  of  the  indebtedness 
retired  and  cancelled  pursuant  to  the 
plan  of  reorganization  effective  as  of 
April  1,  1933,  and  amortization  of  dis- 
count applicable  to  the  retired  deben- 
tures, has  been  charged  to  paid-in 
surplus." 

The  six  months'  report  indicates  a 
steady  improvement  in  the  company's 
position.  On  Sept.  28,  figures  for  the 
first  three  months  of  the  current  fis- 
cal year  showed  a  profit  of  $74,716.83 
and  surplus  of  $203,045.60. 


Indies  to  Take  Code 
Fight  to  President 

(Continued   from   pane    1) 

man  of  the  resolutions  committee.  Sid- 
ney Samuelson,  chairman  of  the  meet- 
ing, charged  Rosenblatt  had  "bungled" 
the  supply  dealers'  code.  He  also 
criticized  the  deputy's  handling  of  the 
radio    code. 

At  the  close  of  the  meeting  the 
resolutions  committee,  which  has  been 
conducting  code  negotiations,  was 
clothed  with  unlimited  power  after 
Al  Steifes  suggested  that  "we  have 
got  to  get  the  best  democratic  law- 
yer available  to  assist  Abram  My- 
ers," adding  "I  mean  a  man  powerful 
and  influential  enough  to  get  our  pro- 
test direct  to  the  President." 

What  action  is  to  be  taken  in  en- 
gaging such  a  representative  was  left 
with  the  managing  committee  after 
Myers  expressed  regret  the  sugges- 
tion had  been  made  in  open  meeting, 
pointing  out  the  attendant  publicity 
would  hamper  whatever  person  might 
be   chosen. 

Cole  in  his  criticism  of  Rosenblatt 
asserted  he  was  in  favor  of  dealing 
"with  General  Hugh  S.  Johnson  di- 
rect or  any  other  accredited  represen- 
tative." 

Plan   Appeal  to  Public         * 

A  move  to  take  Allied's  case  before 
the  public  via  trailers  and  newspaper 
ads  stirred  wide  debate  when  pro- 
posed by  Steffes,  but  was  voted  down. 
Steffes  declared  he  would  close  his 
houses  rather  than  sign  the  code. 

"If  you  do  that,"  he  said,  "you  will 
get  the  bankers  behind  you  and  then 
you'll  get  the  kind  of  code  you  want." 

Myers  attacked  Rosenblatt's  view 
that  the  grievance  board  clause  gives 
exhibitors  a  source  of  relief  on  many 
pomts  omitted  in  the  code. 

"There  is  propaganda  under  way," 
he  said,  "to  make  you  believe  that  this 
clause  takes  care  of  such  problems  as 
the  right  to  buy  and  other  important 
Allied  considerations  and  this  reason 
is  being  advanced  as  to  why  you 
should  sign  the  code.  I  can't  see 
where  our  problems  are  covered  by 
this  clause  or  how  relief  can  be  en- 
forced this  way." 

The  code  was  characterized  by 
H.  M.  Richey  as  an  "insult  to  the 
independent."  Allied  has  placed  all 
its  problems  in  the  hands  of  Myers, 
Richey,  James  C.  Ritter,  Steffes,  Sam- 
uelson,   Cole,   M.   B.   Horwitz,   L.    F. 


Hammons  Sees  Code 
AsHelpto  Talent 

(Continued   from    Paae    1) 

on  his  way  east  from  the  west  coast. 

Hammons  said  producers  did  not 
favor  Article  5,  as  they  wanted  to 
continue  "raiding"  tactics,  but  that 
President  Roosevelt  had  insisted  on 
some  sort  of  a  check. 

Jack  L.  Warner,  vice-president  in 
charge  of  production  for  Warners, 
also  on  his  way  east  on  the  same 
train,  was  non-committal  on  any 
phase  of  the  code. 

"I  don't  know  anything;  you'll 
have  to  ask  Washington,"  was  all  he 
would  say.  While  in  New  York  he 
will  see  a  number  of  plays  contem- 
plated  for   production. 


Albuquerque,  Oct.  24. — The  in- 
dustry code  is  complete  except  for  a 
few  points,  declared  Nicholas  M. 
Schenck  here  tonight  during  the  pause 
of  the  westbound  Santa  Fe  Chief  for 
change   of   train   crews. 

He  said  he  had  no  idea  when  it 
would  go  to  the  President  for  signa- 
ture. 


St.  Louis  Action  Delayed 

St.  Louis,  Oct.  24. — Members  of  the 
M.  P.  T.  O.  of  St.  Louis.  Eastern 
Missiouri  and  Southern  Illinois  met 
at  the  Coronado  Hotel  this  afternoon 
and  voted  to  have  copies  of  the  code 
printed  and  sent  to  all  exhibitors.  Ac- 
tion was  deferred  until  this  was  done 
and  another  meeting  called.  Fred 
Wehrenberg  presided  with  about  150 
attending. 


Martin,  Aaron  Saperstein,  Charles 
R.  Metzger  and  Nathan  Yamins.  This 
group  has  been  empowered  not  only 
to  approach  an  important  national  fig- 
ure to  aid  in  the  code  fight  but  to  de- 
cide if  this   is  advisable. 

The  question  of  financing  is  also 
left  with  the  committee,  which  was 
authorized  to  call  on  state  units  for 
necessary  funds.  The  committee  will 
also  recommend  candidates  for  the 
code   authority. 

Resolutions  also  were  presented  by 
Thomas  E.  Purcell,  president  of  the 
National  Council  of  Catholic  Men 
Meeting  Congress,  and  by  an  Allied 
committee  composed  of  Col.  H.  A. 
Cole,  Fred  Herrmgton,  Benjamin 
Berger,  M.  Branch  and  M.  B.  Hor 
witz. 


Sale  of  Loew 
Stock  Is  Set 
For  Nov.  27 


(Continued   from    paae    1) 

Corp.  in  1931,  notified  U.  S.  District 
John  John  C.  Knox  of  the  proposed 
sale  yesterday  and  asked  for  instruc- 
tions. 

When  Harley  L.  Clarke  took  con- 
trol of  the  destinies  of  Fox  the  Loew 
stock  was  turned  over  to  the  General 
Theatres  Equipment  Corp.  late  in  1929. 
Following  the  Federal  Court  decree 
ordering  disposal  of  the  stock  it  was 
transferred  to  the  Film  Securities 
Corp.  by  means  of  stock  transfers 
which  protected  the  interests  of  Gen- 
eral Theatres,  Fox  and  the  Chase 
National  Bank.  Since  April  1,  $20,- 
000,000  due  under  a  two-year  six  per 
cent  gold  bond  issue  dated  April  1, 
1931,  has  been  in  default. 

In  their  communication  to  the  court 
the  trustees  ask  that  the  affairs  of 
Film  Securities  Corp.  be  wound  up  and 
that  they  be  discharged  if  there  are  no 
more  duties  for  them  to  perform. 


Claims  No  Word  In 
On  Coast  Defections 

(Continued   from    page    1) 

First  impression  that  their  withdraw- 
al concerned  the  M.  P.  P.  D.  A.  is 
incorrect.  They  have  never  been 
members,  but  are  members  of  the 
western  affiliated  organization,  the 
Association  of  M.  P.   Producers. 

As  a  matter  of  fact,  Goldwyn  said 
he  had  withdrawn  several  months  ago. 
Schenck,  then  involved  in  _a  row  with 
Warners  over  the  talent  acquisition 
campaign  of  20th  Century  Pictures, 
declared  his  intention  of  doing  like- 
wise, but  never  went  through  with  it. 

The  two  producers  oppose  Article 
5  of  the  proposed  industry  code  which 
provides  for  open  negotiations  on  star 
services. 


ITOA  Presents  Labor 
Terms  to  Fine  Unions 

(Continued   from   page    1) 

held  in  Washington  during  code  meets. 

The  I.  T.  O.  A.  submitted  a  ver- 
bal plan  to  the  unions.  For  houses 
seating  up  to  600,  exhibitors  are  will- 
ing to  pay  $75  for  the  entire  booth 
operation ;  $105  from  600  to  900  seats ; 
over  900  seats  the  figure  varying 
from  $115  to  $190,  with  the  excep- 
tion of  the  Mayfair,  which  will  pay 
$280.  The  proposal  also  provides 
that  Allied  M.  P.  operatprs  also  be 
made   members   of   Local   306. 

The  boards  oi  directors  of  Local  1, 
4  and  340  of  the  Stagehands'  Uni_r)ns 
and  Local  306  and  640  of  the  opera- 
tors' union  meet  at  the  I.  A.  T.  S.  E. 
headquarters  Thursday  to  consider 
the  plan,  which  must  be  in  writing 
at  the  time.  They  will  report  back 
to  the  I.  T.  O.  A.  Friday  evening 
at  the  Astor. 


Acquire  Mexican  Film 

Spanish  Productions,  Inc.,  have  ac- 
quired the  distribution  rights  for 
"Profanacion,"  a  Spanish  film,  pro- 
duced in  Mexico  by  Empresa  Cinema- 
tografica  Mexicana,  S.  A. 


Universal's  Nevy^  Deal! 


SAENGER  THEATRES,  INC., 

Sewenteen  cities  in  Louisiana  and  IVIississippi 

AFFILIATED  THEATRES,  INC., 

Nineteen  cities  in  Louisiana  and  IVIississippi 

UNITED  THEATRES,  INC., 

Eigliteen  suburban  theatres  in  New  Orleans 

sign  for 

UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


ThankSf  gentlemen,  for  your  confidence 
in  Universal  Pictures.  We  v/ill  do  our  part. 


When  you  look  at  this  lovely  face,  you^re  gazing  on  a  great  future  ^tar 


DOU'IHIfl 


} 


KK 


/  n 


C    R     ^     D  ^JL^    €         5     O     N     G 

Screen   story  by  Marc  Connolly,  author  of  "Green  Pastures" 

Directed  by  Mitchell  Leisen 

?ARkNsOUHl,  the  company  that  brought  you  the 
only  two  big  stars  of  the  past  year...  AiAE  WEST 
arrd  8/NG  CROSBY. . .  brings  an  attractive  new 
personality  to  you,  DOROlH^k  W/ECK,  who 
scored  an  instant  hit  in  "Maedchen  in  Uniform." 


// 


if     i^'c      ^      PAPflMnTTMT     Pir'TTTPF      ;f'^     fk 


+        oV.^,tr        \^      Kr^A 


The  Leading 

Daily 

Newspaper 


%^, 


%,the' 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
In  All 
Branches 


VOL.  34.    NO.  99 


NEW  YORK,  THURSDAY,  OCTOBER  26,  1933 


TEN  CENTS 


Wiseman  Busy 
In  Revamping 
Para.  Finances 


Actively   Helping   Group 
Headed  by  Vanderlip 

Sir  William  Wiseman,  former 
chairman  of  the  Paramount  Publix 
'finance  committee  and  a  director  of 
the  company,  is  devoting  much  time 
to  the  reorganization  plan  looking 
toward  the  company's  discharge  from 
bankruptcy  now  in  process,  it  was 
learned    yesterday. 

Last  week  Wiseman  reported  the 
company's  current  position  as  encour- 
aging and  said  that  a  reorganization 
plan  would  be  submitted  to  creditors 
"as  soon  as  practicable."  Wiseman, 
a  partner  of  Kuhn,  Loeb  &  Co., 
Paramount's  bankers,  is  also  a  mem- 
ber of  the  Paramount  bondholders' 
protective  committee  of  which  Frank 
A.  Vanderlip  is  chairman.  It  is  on 
behalf    of    this    committee     tliat     the 

(Continued  on   pane   S) 


Loew  Won't  Bid  in 
Sale  of  Own  Stock 

Loew's,  Inc.  is  not  expected  to  bid 
for  purchase  of  the  block  of  660,900 
shares  of  its  own  stock  through  which 
William  Fox  bought  virtual  control 
of  the  corporation  on  Feb.  28,  1929 
when  those  shares  are  sold  to  the 
highest  bidder  on  Nov.  27. 

The  impression  vesterday  was  the 
stock  which  cost  about  $55,000,000  to 

{Continued  on    t'ane   S) 


17  Year  Record 

Indianapolis,  Oct.  25. — "I'm 
No  Angel"  has  broken  all 
existing  weekly  attendance 
records    at    the    Circle. 

The  theatre  played  to  56,553 
admissions  in  the  seven-day 
period. 


The  Mae  West  picture,  one 
of  the  smashes  of  the  season, 
will  hit  close  to  the  $70,000 
mark  in  its  second  week  at 
the  New  York  Paramount.  In 
its  first  seven  days,  the  film 
ended  at  $83,450,  the  biggest 
gross  in  that  house  in  95 
weeks. 

In  its  first  week  at  the 
Brooklyn  Paramount,  the 
gross  was  approximately 
$52,000. 


President's  Pen  Poised 
Over  Code  for  Industry 


Allied  Sees  Self  Stronger; 
Code  Attack  Irks  Capital 


Washington,  Oct.  25. — Officials  of 
the  NRA  today  refused  to  discuss  the 
results  of  the  Allied  meeting  in  Chi- 
cago, but  considerable  resentment  was 
expressed  over  a  report  that  Allied 
had  agreed  to  employ  a  prominent 
"Democratit  lawyer"  as  impugning 
the  integrity  of  the  organization. 

It  was  pointed  out  that  there  are 
probably  as  many  Republicans  as 
Democrats  in  the  Recovery  Adminis- 
tration and  the  inference  was  plain 
that  the  political  complexion  of  any- 
one appearing  before  it  would  carry 
no    weight   whatever. 

Allied's    outspoken   criticism    of   the 

(Continued  on  pape  6) 


Chicago.  -Oct.  25. — A  "larger  and 
more  effective"  Allied  States  Ass'n 
was  envisioned  by  its  directors  today 
as  a  result  of  the  mass  meeting  of 
independent  exhibitors  held  here  yes- 
terday. 

Following  a  meeting  this  afternoon 
the  directors  issued  a  statement  in 
which  they  said  the  definite  stand 
taken  by  the  association  against  the 
code  in  the  interests  of  independents 
had  strengthened  the  position  of 
Allied. 

The  statement  said  yesterday's  meet- 
ing had  caused  exhibitor  leaders  pres- 
ent  to   "feel   that   they   have   received 

(Continued  en  pope  6) 


Kansas  Faces 
5%  Admission 
Tax  Proposal 


ToPEKA,  Oct.  25. — Among  sales  tax 
proposals  urged  for  enactment  at  the 
special  session  of  the  Kansas  legisla- 
ture which  convenes  here  next  Mon- 
day is  a  graduated  tax  which  may  levy 
as  much  as  five  per  cent  on  theatre 
admissions.  Under  this  proposed  leg- 
islation, that  rate  would  be  imposed 
on  "luxuries." 

Governor  Alf  Landon  has  sum- 
moned the  legislative  council  to  draft 
legislation  to  be  submitted  to  the  spe- 
cial session,  a  sales  tax  bill  included. 
(Continued  on  paae  8) 

Still  Speculating 
On  Academy's  Fate 

Hollywood,  Oct.  25. — The  fate  of 
the  .Academy  continues  to  hang  in  the 
balance,  substantial  Hollywood  opin- 
ion believes. 

Coming  to  the  defense  of  his  organ- 
ization, Lester  Cowan,  executive  sec- 
retary, said  today  only  50  of  950  ac- 
tors enrolled  in  that  branch  have  re- 
signed.    He  made  emphatic  denial  of 

(Continued   on    paiie    6) 


Poli  to  Take 
Over  Circuit 
About  Nov.  1 


Sylvester  Z.  Poli  is  definitely  deter- 
mined to  again  operate  his  New  Eng- 
land circuit  unless  one  of  the  present 
negotiators  for  the  18  houses  makes 
an  offer  to  buy  them  outright.  This 
was  learned  last  night  from  Louis  M. 
Sagal,  son-in-law  of  Poli,  and  now 
operating  the  houses  for  the  receivers. 
On  July  7,  AIotion  Picture  Daily 
exclusivelv  reported  Poli  would  return 
to  active  operation  of  his  former  cir- 
cuit when  the  receivership  is  lifted. 

Several  propositions  have  been  sub- 
mitted to  Poli,  but  as  yet  there  are  no 
signs  of  a  deal  in  the  offing.  Accord- 
ing   to    the    present    plan,    Poli-New 

iC'inlinued  on   paqe   6) 


Schenck  May  Quit 
MPPD A  in  New  Step 

Hollywood,  Oct.  25. — Joseph  M. 
Schenck,  who  tendered  his  resignation 
from  the  Ass'n  of  M.  P.  Producers, 
western  ally  of  the  Hays  organization, 
Monday  night  today  threatened  to  quit 
the  M.  P.  P.  D.  A.  as  well.     While 

(Continued  on   pane   6) 


Enactment  at  Hand;  May 

Be  Signed  Sometime 

During  Day 


Enactment  of  a  code  for  the  in- 
dustry was  close  to  the  finish  line 
at  a  late  hour  last  night. 

President  Roosevelt's  pen  is 
poised  over  the  fourth  and,  it  is 
understood,  final  revision  of  the 
document  and  will  dip  into  its 
White  House  inkwell  momentarily. 

The  possibility  is  anything  but 
remote,  as  a  matter  of  fact,  that  the 
President  signed  it  sometime  last 
night,  but  efforts  to  learn  whether 
or  not  this  actually  had  taken  place 
got  nowhere.  In  view  of  the  fact 
that  Roosevelt  is  suffering  from  a 
a  cold  and  also  because  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  was 
conferring  with  General  Hugh  S. 
Johnson  until  late  in  the  evening, 
the  probability  is  stronger  that  af- 
fixing of  the  signature  which  will 
make  the  code  a  law  will  take  place 
sometime  today. 

The  final  draft  is  expected  to 
show  no  important  changes  from 
the  third,  although  some  language 
has   been   clarified. 


Washington,  Oct.  25.— The  road 
carrying  the  film  code  to  the  White 
House   is   cleared. 

It  is  understood  the  President  has 
kept  himself  fully  informed  with  the 
situation  in  the  industry.  Deputy  Ad- 
ministrator Rosenblatt  earlier  this 
week  discussed  the  code  at  length  with 

(Continued  on  page  6) 


NRA  Reorganized; 
Shifts  Rosenblatt 

Washington,  Oct.  25. — Reorgani- 
zation of  the  Recovery  Administra- 
tion was  completed  today  by  General 
Hugh  Johnson.  The  changes  are  sole- 
ly for  administrative  purposes  to  re- 
lieve the  Administrator  of  much  de- 
tail to  which  he  now  must  give  his 
personal   attention. 

Under  the  reorganization  four  di- 
visions are  set  up,  each  under  a  di- 
vision administrator,  among  which  are 
divided  the  several  industries.  Deputy 
Administrator  Sol  A.  Rosenblatt  is 
now  attached  to  Division  Four, 
(Continued  on  page  6) 


MOTION  PICTURE 

DAILY 


Thursday,  October  26,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  OflSce 

Formerly    Exhibitors    Daily    Revitw 

and   Motion    Picture]    Today 


Vol. 


October   26,    1' 


No.  99 


Martin  Quicley 

Editor-in'Chief   and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 

^•^r\  PUBLISHED  daUy.  except  Sunday 
/  jkj  and  holidays,  by  Motion  Picture 
^«|^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  I^ondon.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926.    at    the      MBA 
Post  Office  at  New  York  City,    ^..f*^ 
N.  v.,  under  Act  of  March  3 
1879. 

Subscription   rates   per   year 
$6     in     the     Americas,     except      %^^ 
Canada;     Canada    and     foreign     wi~oi,. ..». 
$15.      Single   copies:    10   cents. 


Films  Aid  Recovery 
On  Coast — Giannini 

Los  Angeles,  Oct.  25. — Advance- 
ments made  by  Los  Angeles  on  its  re- 
covery program  may  be  attributed  in 
good  part  to  the  film  industry's  in- 
creases in  employment  and  payrolls, 
Dr.  A.  H.  Giannini,  head  of  the  Bank 
of  America  and  industry  financier, 
said  in  an  article  appearing  in  the 
Los  Angeles   Herald  and   Express. 

"With  75  pictures  either  in  produc- 
tion or  scheduled  for  production  dur- 
ing October,  with  30,()00  people  on 
regular  payrolls  and  with  an  annual 
wage  and  salary  outlay  rising  above 
$75,000,000,  Hollywood  today  has  ac- 
tually passed  the  1929  peak  activity," 
Dr.  Giannini  declared. 

The  article  declared  that  unjustifi- 
able salaries  should  be  eliminated  but 
that  artistic  and  executive  talent  hav- 
ing a  measurable  capacity  to  produce 
profits  for  the  industry  had  a  right 
to   its  earnings. 


Robert  Schoen  Buried 

Burial  of  Robert  Schoen.  local  vet- 
eran exhibitor  who  died  of  heart  fail- 
ure late  Monday,  was  held  yesterday 
at  the  Beth  David  Cemetery  in  Long 
Island.  His  son,  Murray,  will  con- 
tinue to  operate  the  Community, 
Queens   Village,   L.   L,  as  heretofore. 


Arliss  to  Coast  Today 

George  Arliss  leaves  New  York  to- 
day for  Hollywood  to  start  his  20th 
Century  contract.  "The  House  of 
Rothschild"  will  be  his   first. 


Warner  Delays  Arrival 

Jack  L.  Warner,  due  in  New  York 
from  Hollywood  yesterday,  failed  to 
arrive.     He  is  expected  in  today. 


Sheehan  on  Coast 

Hollywood,  Oct.  24.— Winfield 
-Sheehan  has  returned  after  11  weeks 
in  Europe  and  New  York. 


Looking  ^Em  Over 


"The  World  Changes" 

( First  Natiomd) 

Another  in  the  Warner-First  National  romance  of  industry  series  and 
very  well  done  in  point  of  acting,  chiefly  by  Paul  Muni  and  Aline  Mac- 
Mahon,  and  in  point  of  colorful  production  atmosphere. 

The  story  covers  a  span  of  50  years,  starting  when  South  Dakota 
was  a  territory  and  when  Buffalo  Bill  fires  Mimi,  then  a  young  man, 
with  an  ambition  to  blaze  a  cattle-driving  trail  from  Texas  close  to 
the  Middle  Western  railheads.  His  rise  to  power,  his  not  very  success- 
ful marriage  with  Mary  Astor,  his  determination  to  carry  his  business 
empire  forward  and  how,  through  the  pampering  of  his  two  sons,  that 
empire  crumbles  and  tragedy  follows  give  a  sketchy  and  quick  idea  only 
of  the  highlights  of  the  story  that  develops  through  the  years  and  ends 
with  Muni's  death  in  1929. 

The  star  kicks  in  with  an  expertly  rounded,  intelligently  portrayed 
performance.  He  grows  old  rather  magnificently.  Miss  MacMahon, 
as  his  mother,  once  again  makes  good  on  the  plentiful  promise  of  her 
earlier  performances.  Miss  Astor,  as  the  insane  wife,  is  a  surprise  and 
demonstrates  more  dramatic  power  than  this  reviewer  ever  suspected 
she  possessed.  As  a  matter  of  fact  the  large  cast  does  creditable  work 
and  reflects  the  capable  direction  of  Mervyn  Le  Roy,  who  had  a  large 
canvas  on  which  to  block  out  his  story  and  did  it  with  real  competence. 


[.» 


"After  Tonight 

(Radio) 

Connie  Bennett's  adherents  will  go  for  her  latest.  This  time,  the 
husky-voiced  blonde  finds  herself  all  messed  up  in  the  World  War. 
She's  a  Russian  spy  operating  on  Austrian  ground.  Gilbert  Roland  is 
an  officer  in  the  Austrian  intelligence  department.  That  supplies  the 
love  and  the  conflict. 

Too  much  inside  dope  on  Austrian  troop  movements  filter  across  the 
lines  to  keep  the  war  comfortable.  Roland  is  turned  loose  on  the  hunt 
and  eventually  finds  the  trail  that  leads  to  the  girl  he  loves.  Looks  like 
a  pretty  tough  spot  for  him  and  a  firing  squad  for  the  heroine.  A  for- 
tunate bullet  fired  by  one  of  Miss  Bennett's  aides  in  gypsy  disguise 
keeps  Roland  out  of  bounds  long  enough  to  permit  escape,  however. 
Along  comes  the  good  old  armistice  and  ultimate  reunion. 

Convenient  as  the  story  is,  its  treatment  is  suspenseful.  Secret  ink, 
messages  taken  out  of  lockets  and  out  of  cotton  stuffed  in  a  war  pris- 
oner's ear  may  sound  theatrical,  hut  they  are  effective  nevertheless. 

A  satisfying  programmer.  KANN 


Wynn  Quits  ABS 

Ed  Wynn  resigned  yesterday  as 
president  of  the  Amalgamated  Broad- 
casting System.  He  said  his  desire  to 
give  more  of  his  time  to  his  NBC 
broadcasts  and  his  belief  he  was  cut 
out  to  be  a  comedian  and  not  an  ex- 
ecutive had  prompted  his  decision. 
This  was  his  official  explanation. 


'*Show  Boat"  Postponed 

Hollywood,  Oct.  25. — Universal 
has  postponed  filming  "Show  Boat" 
until  next  spring,  because  of  location 
work  on  the  Mississippi  River  which 
cannot  be  done  at  this  time  of  the 
year.  This  has  resulted  in  the  as- 
signment of  Frank  Borzage  to  do 
"Little    Man,    What    Now?"    instead. 


Fox  Rises  One  Point  on  Exchange 

Net 

Hii^h  Low  Close  Change 

Consolidated    Film    Industries 3'A  2%  2%  —'A 

Consolidated    Film    Industries,   pfd 914  &y»  9'/%  —  Vf, 

Eastman    Kodak     7i  74J^  7454  —1 

Fox    Film    "A" XSVz  IS'A  15  -fl 

Loew's.    Inc 29%  ZSVn  29  +  H 

Paramount     Publix     IM  I'A  IM  +  'A 

Pathe   Exchange    15^  I'A  VA  —% 

Pathe    Exchange    "A" 9'A  8J4  8}4  —  % 

RKO     2iA  2H  2'/2  +1/4 

Universal     Pictures,     pfd 20  20  20  

Warner     Bros 7  GlA  6i4  +  'A 

Technicolor  Off  One  Quarter 

Net 
High      Low      Close      Change 

Technicolor     11^        11  11  —  14 

Trans    Lux    154         '54         154        -|-  '/if 

Warner  Bros.  Up  One  and  Quarter 

Net 

High  Low  Close  Change 

General    Theatre    Equipment    6s    '40 4'A  4'A  4^  -f  '/2 

Keith    B.    F.    6s    '46 46  46  46  -flJ4 

Tx)ew's   6s    '41.    ww   deb   rights 84iA  84^  84%  -f  % 

Paramount    F.    L  6s   '47 ,30  30  30  +1 

Paramount   Publix  5'/is   '50 .30  29)4  29^  -|-  J4 

Warner    B'ros.    6s    '.39.    wd 42^4  41  42J4  +VA 


Sales 

300 
1.100 

600 
1,300 
2,900 
3,100 

500 

1,300 

1,000 

1,000 

19.800 


Sales 

800 
100 


Sales 

2 
1 
1 
5 

10 
48 


i  Purely 
Personal  ► 


JAMES  M.  BECK,  JR.,  M.P.P.D.A. 
representative  in  London,  is  here 
for  his  regular  visit  of  a  few  weeks, 
and  is  spending  a  large  part  of  it  con- 
ferring with  Frederick  L.  Herron, 
head  of  the  M.  P.  P.  D.  A.  foreign 
department. 

Duke  Wellington  has  three  lobby 
displays  on  Broadway  currently  with 
"The  Bowery"  at  the  Rivoli,  "Foot- 
light  Parade"  at  the  Strand  and  "I'm 
No  Angel"  at  the  Paramount. 

Henry  Herzbrun,  Jack  Ross  and 
Henry  Saulsbury  were  among  those 
who  saw  "The  Green  Bay  Tree"  at 
the  Cort  the  other  night. 

J.  G.  Bach  MAN  is  still  around 
town.  He's  looking  for  a  number  of 
stories  to  take  back  to  the  coast  for 
his  independent  production  plans. 

Dave  Palfreyman  was  forced  to 
try  convalescing  from  his  recent  ill- 
ness at  home,  after  several  days  at 
work  without  staging  a  real  recovery. 

Ken  Morgan,  west  coast  recording 
engineer  for  Erpi,  is  in  New  York  on 
his  annual  visit — three  weeks  of  it. 

Bill  Goldman  did  one  of  his  quick 
in-and-outs  from  Philadelphia  earlier 
in  the  week. 

William  Melnicker,  in  charge  of 
South  America  for  M-G-M,  is  due  in 
New  York  shortly. 

Harry  Cohn.  president  of  Colum- 
bia, plans  to  leave  for  Hollywood  in 
about  a  week. 

Charles  L.  O'Reilly  is  another 
local  exhibitor  fighting  off  a  bad  cold. 
It  has  laid  him  low  since  Monday. 

Eddie  Golden  plans  to  make  a  tour 
of  all  Monogram  exchanges  within  the 
next  few  weeks. 

Hal  Horne  is  in  the  market  for  a 
pearl  gray  doiby  and  a  toitle-neck 
sweater   for  tonight's  Bowery  Ball. 

Rice,  Lane  and  Vine,  radio 
mimics,  make  their  Metropolitan  bow 
at   the   Roxy  tomorrow. 

William  Scully,  eastern  district 
manager  for  M-G-M,  is  in  Boston  for 
a  few  days. 

Al  Christie  was  the  recipient  of 
a  surprise  party  on  his  birthday  by 
the  cast  and  staff  of  "Mr.   Adam." 

Tom  Howard  will  start  work  to- 
morrow on  an  Al  Christie  comedy  at 
the    Eastern    Service    Studios. 

Ben  Blue  has  been  signed  to  make 
his    third    Vitaphone    short. 

Lou  Goldberg  is  having  trouble 
with  his  stomach  these  days. 

A.  H.  Schwartz  is  bear  hunting  at       ■ 
Lake  Placid.    The  score  so  far  is  zero.        ^ 

Harry  Brandt,  president  of  the  I. 
T.  O.  A.,  is  nursing  a  bad  cold. 


^Ticklish?    Youll  scream  at  Jack  Pearl, 
Jimmy  Durante  in 'MEET  THE  BARON' 

{early  engagements  Baltimore,  Memphis,  etc.,  terrific!) 

— and  watch  for  my  new  comedy  team 
May  Robson  and  Polly  Moran!" 


"Shoot  the  works!  Jean 
Harlow  leaps  to  Top  Money 
Stardom  in  'Bombshell."' 
(Plus  Lee  Tracy!) 


''Garbo^s 

back!  Oh 

boy!" 


"Don't  gamble!  The  public  wants  STARS! 
Dressier,  Shearer,  Davies,  Harlow,  Beery,  the 
Barrymores,  Helen  Hayes,  Montgomery— just 
part  of  M'G'M's  big  family/' 


"Fm  proud  of 
^DINNER  AT  8\'' 


"I've  made  a  pic- 
ture called 'ESKIMO'. 
Another  ^Trader 
Horn'"!!!       ^^c. 


"Receiving  con- 
gratulations on 
'HOLLYWOOD 
PARTY'.'" 


THAT 

M"G  M 


YOU'LL  REMEMBER  NOVEMBER!  M-G-M  MONTH  OF  HOLIDAY  HITS!  Joan  Crawford  & 
Clark  Gable  in  "Dancing  Lady."  Ed  Wynn  in  "The  Chief."  Marie  Dressier  &  Lionel  Barrymore  in  Christopher 
Bean."  "Prizefighter  and  the  Lady"  with  Myrna  Loy.  Max  Baer,  Prime  Camera,  Jack  Dempsey.  It  s  a  pleasure. 


^  Jf      %.  ^Jk  ^y 


¥  I 


he   yVJaA  GloJilim^Ji 


wwrrv 


u 


mam 


FRANK  BORZASE 


-um....,^ 


with 


SPENCER  TRACY 
LORETTA  YOUNG 

Glenda  Farrell  •  Arthur  Hohl  •  Walter  Conno% 

Marjorie  Rambeau  •  Dickie  Moore 

From  the  play  by  Lawrence  Hazard 

Screen  play  by  Jo  Swerling 


PicruPsf 


ANOTHER  SCREEN 


^ 


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"'MAN'S  CASTLE'  IS  GREAT' 


"A  gorgeously  told,  poignantly  human  Borzage 
romance,  'Man's  Castle'  is  closer  to  'Seventh 
Heaven'  than  anything  the  director  has  done 
since.  Loretta  Young's  Trina  stands  alone 
above  anything  she  has  ever  done.  Tracy, 
Loretta  Young  and  Borzage  ought  to  spell  busy 
box-offices  for  any  showman.  Plus  a  picture 
that  can  play  on  the  public's  heartstrings  as  the 
public  likes  to  have  its  heartstrings  touched, 


m  any  age. 


Hollywood  Reporter 


"Deft  direction  ....  delightful  humor  ....  stir- 
ring pathos."  Photoplay  Magciziue 


"A  tender  beautiful    film    in    the   'Seventh 

Heaven'  mood.  Spencer  Tracy  projects  a  great 

heart-warming  portrait.    Loretta  Young  gives 

her  best  performance  to  date.  Frank  Borzage's 

direction  hits  the  heart.  It  is  a  fine  production 

and  fine  entertainment." 

Motion  Picture  Daily 


Fmr^WS  "LADY  FOR  A  DAY 


// 


MOTION  PICTURE 

DAILY 


Thursday,  October  26,    1933 


r 


Roosevelt's 
Pen  Is  Poised 
Over  the  Code 


(.continued   from   pane   1) 

Presidential  secretaries  and  some 
weeks  ago  had  at  least  one  conference 
with    the    Chief    Executive    himself. 

Before  development  of  the  possibil- 
ity that  Roosevelt's  pen  had  poised 
itself  over  the  document,  indications 
were  today  that  General  Hugh  S. 
Johnson  personally  might  have  to 
make  the  final  decision  as  he  did  for 
the  oil  industry  and  indicate  to  the 
industry  that  this  was  the  code  the 
President  would  sign.  The  NRA  has 
rewritten  the  code  four  times.  Thus 
if  Johnson  wanted  a  code  to  present 
at  the  White  House,  he  had  one  wait- 
ing for  him. 

It  is  now  11  weeks  since  the  first 
session  of  the  industry  was  held  in 
Mew  York  for  consideration  of  a  code, 
probably  a  longer  time  than  has  been 
required  for  consideration  of  any 
other  trade  agreement,  and  there  are 
indications  of  an  increasing  desire  on 
the  part  of  the  Administration  to  dis- 
l)ose  of  the  matter. 

Last  minute  tangles  over  the  code, 
this  time  with  respect  to  studio  labor 
provisions  which  had  been  considered 
finally  settled,  were  seen  in  the  ar- 
rival today  from  New  York  of  Pat 
Casey,  studio  labor  contact,  and  Louis 
Nizer.  A  lengthy  conference  was 
held  with  Ro.senblatt  late  this  after- 
noon. 


Extras  Disagreeing  Now 

Hollywood,  Oct.  25.— Even  the  extras  can't  agree  among  them- 
selves  in   the  turmoil   which   is  Hollywood's   today. 

The  newly-formed  Actors'  Guild  met  last  night  and  outlined 
further  its  plan  to  create  a  junior  branch  for  extras  limiting 
membership  to  LOOO.  The  plan  would  permit  the  extras  to  elect 
their  own  officers  and  operate  as  an  auxiliary  to  the  parent 
organization. 

The  extra  group,  headed  by  Alan  Garcia  and  Frank  Woods  who 
have  been  working  with  the  Academy  on  work  and  wage  condi- 
tions for  this  classification  in  the  code,  also  held  a  meeting  to- 
night. 

The  third  factor  in  the  same  situation  revolves  around  another 
extra  group  which  is  proceeding  in  opposition  to  the  Garcia- 
Woods  combination.  This  third  angle  in  the  extras'  triangle  is 
also  working  on  a  membership  drive  of  its  own. 

The  one  definite  factor  in  the  melee,  therefore,  is  the  evident 
difficulty  of  solidifying  the  extras  into  a  single  camp. 


Allied  Sees  Self  Stronger; 
Code  Attack  Irks  Capital 


NRA  Reorganized; 
Shifts  Rosenblatt 

(Continued  irom  page  1) 
headed  by  Deputy  Administrator  .Ar- 
thur D.  Whiteside,  who  has  control  of 
trades  and  services,  textiles  and  cloth- 
ing for  administrative  purposes,  but 
will  be  considered  as  a  special  division 
for  all  amusement  industries  and  will 
report  directly  to  Administrator 
Johnson.  AH  other  deputy  adminis- 
trators will  report  to  their  division 
administrator. 


Want  to  Reorganize 
But  Don't  Know  How 

HoLLYVNooD,  Oct.  25. — Agents  want 
to  reorganize  their  Actors'  Managers 
Ass'n,  but  don't  seem  able  to  agree 
among  themselves  on  how  it  should 
be  done. 

Fifteen  of  the  Hollywood  top- 
notchers  met  behind  closed  doors  at 
the  Beverly-Wilshire  la.st  night  to  dis- 
cuss a  reorganization  plan  which 
would  align  agents  with  the  Writers' 
and  Actors'  Guild.  The  move  failed 
to  get  anywhere  because  of  a  split  in 
opinion.  Some  argued  if  such  an 
affiliation  were  made  it  would  result 
in  Joyce-Selznick  ruling  the  roost. 


Lobby  Attracts 

Lobby  of  the  Ifollywood  which  has 
been  turned  into  an  exhibit  noting  the 
progress  of  transportation  and  com- 
munication for  the  run  of  "The  World 
Changes"  attracted  a  good  deal  of  at- 
tention last  night  and  looked  like  one 
of  the  best  exploitation  stunts  pulled 
so  far  by  the  Warner  publicity  staff. 


(Continued  irom   paac  1) 

code  is  believed  in  Washington  to  have 
heartened  other  groups  in  the  indus- 
try which  are  dissatisfied  with  the 
agreement,  but  felt  that  little  more 
could  be  accomplished.  It  is  the  ex- 
hibitors' contention  that  the  code  gives 
much  to  the  producers  but  little  to  the 
theatres  and  fears  have  been  expressed 
that  the  former  group  would  dominate 
the  entire  industry  to  the  disadvan- 
tage of  the  latter. 

That  the  Recovery  Administration 
will  not  take  the  exhibitors'  attacks 
lying  down  was  evidenced  today  when 
determination  was  reached  to  turn 
over  to  the  Department  of  Justice  for 
investigation  a  number  of  telegrams 
to  which,  it  is  charged,  names  of  busi- 
ness men  were  signed  without  their 
knowledge. 

It  was  made  known  by  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  tonight 
that  acknowledgment  of  a  telegram 
to  the  White  House  oil  Oct.  11  and 
signed  by  H.  H.  Nye  of  the  Elyria. 
O.,  Savings  and  Trust  Co.,  had 
elicited  from  Nye  a  letter  in  which 
he   said  : 

"I  am  at  a  loss  to  understand  the 
situation  as  I  have  addressed  no  tele- 
gram to  anyone  in  reference  to  this 
subject." 

A  number  of  other  communications 
of  similar  tenor,  some  accompanied 
by  affidavits,  have  also  been  received 
by  the  Administration  and  it  is  pos- 
sible that  the  Justice  Department  will 
be  asked  to  probe  thoroughly  the 
origin  of  the  mass  of  telegrams  which 
recently  descended   upon   Washington. 

I.  T.  0.  A.  Won't  Sign 
Until  President  Does 

.Although  members  of  the  I.  T.  O. 
.\.  were  enthusiastic  about  the  code 
when  a  detailed  report  was  given  to 
them  by  Harry  Brandt,  Milton  C. 
Weisman  and  Leo  Brecher  at  their 
weekly  meeting,  formal  approval  by 
resolution  will  await  signing  of  the 
draft  by. the  President,  they  say.  The 
code  committee  is  expected  to  be  re- 
called to  Washington  any  day. 

( Editor's  Note — Groups  which 
fail  to  sign  the  code  prior  to 
signature  by  the  President  are 
bound  by  the  document  without 
benefit  of  its  provisions.  Deputy 
Administrator  Ro.senblatt  has 
made  this  clear  several  times  in 
the   last   few   weeks.] 


(Continued  irom  parte  1) 

not  only  a  vote  of  confidence  from 
exhibitors  but  a  mandate  to  renew 
with  increased  aggressiveness  their 
efforts    in    behalf    of    exhibitors." 

"They  feel,"  the  statement  con- 
tinued, "that  the  cross-section  of  opin- 
ion represented  at  the  meeting  has  en- 
abled them  to  interpret  the  exhibitors' 
point  of  view  and  they  believe  that  in 
their  future  operations  they  will  cor- 
rectly reflect  that  opinion  of  exhibitors 
everywhere. 

"Definite  plans  have  been  laid  to  ac- 
quaint exhibitors  from  territories  not 
represented  at  the  meeting  of  facts 
relating  to  the  code  in  order  that  they 
may  judge  its  merits  and  reach  a  de- 
cision as  to  whether  they  have  been 
properly  represented  by  their  leaders." 

A  committee  headed  by  Abram  F. 
Myers  was  named  to  expedite  the  as- 
sociation's campaign  to  have  the  code 
altered  to  meet  approval  of  indepen- 
dents. Its  members  are  James  C. 
Ritter,  Al  Steffes,  Aaron  Saperstein, 
M.  B.  Horwitz  and  Sidney  Samuelson, 
through  whom  the  directors'  state- 
ment was  made  public.  The  commit- 
tee, it  was  announced,  may  be  ex- 
panded "in  the  discretion  of   Myers." 

Plans  were  laid  for  financing  the 
immediate  work  of  the  managing  com- 
mittee as  well  as  for  uniting  individual 
exhibitors  and  cooperating  organiza- 
tions into  "an  effective  unit  for  future 
operations." 


Technicians  Protest 
Their  $70  Minimium 

Hollywood,  Oct.  25.— Technicians 
are  not  satisfied  with  labor  provisions 
in  the  industry  code.  Following  an 
indignation  meeting  last  night,  that 
branch  of  the  Academy  had  Lester 
Cowan  wire  Deputy  Administrator 
Sol  A.  Rosenblatt  a  request  that  pro- 
vision be  made  to  protect  this  class  of 
worker  where  salaries  are  above  $70 
per  week. 

The  wire  stated  that,  while  tech- 
nicians mav  be  paid  above  minimum, 
they  do  not  work  continuously  and 
that,  therefore,  their  average  pay 
often  drops  below  minimum.  It  was 
held  this  applied  particularly  to  as- 
sistant directors  whose  working  hours 
are  not  restricted  as  the  code  now 
stands. 

Technicians  claim  thev  can  be 
forced  to  work  unlimited  hours  out 
of  proportion  to  their  salaries. 


Poll  to  Take 
Over  Circuit 
About  Nov.  1 


(Continued  irom  paae  1) 

England  Theatres,  Inc.  will  operate 
the  circuit  beginning  around  Nov. 
1,   with   Sagal   as   head  man. 

Sale  of  the  18  houses  to  John  A. 
McNaughton  and  W.  B.  F.  Rodgers, 
attorneys  representing  Halsey,  Stuart 
&  Co.  in  the  reorganization  plan,  for 
$3,101,000  on  Oct.  20,  is  expected  to 
be  approved  next  Monday  by  the 
court.  When  the  plan  is  approved  the 
circuit  automatically  will  be  relieved 
of  the  receivership.  The  new  com- 
pany is  expected  to  start  functioning 
then. 

With  the  formation  of  Poli-New 
England  Theatres,  Inc.  in  Dover  on 
Monday,  the  new  company  listed  5,000 
shares  of  no  par  value  as  capital. 
Walter  T.  Margetts,  Jr.,  Daniel  James 
and  Leslie  B.  Soper  of  the  legal  firm 
of  Beekman,  Bogue  and  Clark,  New 
York,  are  incorporators.  Sagal  last 
night  stated  he  had  not  yet  received 
certification  of  the  incorporation  and 
that  no  officers  have  yet  been  elected. 

Sagal  added  he  would  operate  Poli- 
New  England  for  Poli  if  none  of  the 
propositions  offered  were  accepted. 
He  refused  to  say  what  the  purchasing 
price  was  and  whether  Loew's  or 
N.  L.  Nathanson  was  among  the  bid- 
ders. He  did  say  there  were  many 
interested,  however. 


Still  Speculating 
On  Academy's  Fate 

(Continued  irom  page  1) 
the  report  the  Academy  was  dipping 
into  the  red  and  that  a  levy  on  mem- 
bers   was    planned    to    wipe   out    defi- 
ciencies  in   the   treasury. 

Surprise  resignation  of  Samuel 
Goldwyn  last  night  is  viewed  as  do- 
ing the  stability  of  the  Academy  no 
good. 

The  Academy  today  dismissed  the 
resignation  of  Goldwyn  from  its  mem- 
bership as  of  no  importance,  asserting 
that  the  producer  had  been  suspended 
on  Oct.  1  for  non-payment  of  dues 
for  six  months.  Joseph  M.  Schenck 
is  reported  not  to  be  joining  Gold- 
wyn in  his  resignation  move. 

The  code  committee  met  this  after- 
noon for  a  general  discussion  of  the 
industry  code.  A  meeting  of  the 
board  of  governors  was  called  for 
Monday  night,  when  a  review  will  be 
made  of  the  full  text  of  the  report  on 
the   code  prepared   by   Cowan. 


Schenck  May  Quit 
MPPD A  in  New  Step 

(Continued  from   pane   1) 

it  is  possible  to  belong  to  the  eastern 
association  and  not  the  Hollywood 
affiliate,   Schenck  had  this  to  say : 

"I  will  resign  from  the  eastern  or- 
ganization if  necessary." 

Samuel  Goldwyn  concurs  with 
Schenck  in  this  stand. 

"I  am  of  the  opinion  problems  of 
the  producers  are  separate  from  the 
rest  of  those  in  the  industry  and 
should  be  dealt  with  separately," 
Schenck   added. 


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Universal's  Nev/  Deal! 


ROBB  &  ROWLEY  THEATRES  Jnc. 

TEXAS-   OKLAHOMA*  ARKANSAS 

Operating  Big  Springs,  Hillsboro,  Laredo,  IVaxafiacfi/e, 
Corpus  Cfir/sfi,  Siterman,  Palestine,  Dallas,  San  Angelo, 
Del  Rio^  Sweetwater  and  McKinney,  Texas;  Durant, 
McAlester  and  Muskogee,  Okla.;  Little  Rock,  Arkansas, 

signs  for 

UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


Thanks^  gentlemen,  for  your  confidence 
in  Universal  Pictures.  We  ^11  do  our  port. 


MOTION  PICTURE 

DAILY 


Thursday,  October  26,   1933 


Wiseman  Busy 
In  Revamping 
Para.  Finances 


(Continued  from  page  11 

Paramount  reorganization  plan  is  be- 
ing developed,  with  Wiseman's  active 
aid,  by  Dr.  Julius  Klein,  assistant 
secretary  of  commerce  during  the 
Hoover  administration.  The  com- 
mittee represents  holders  of  approxi- 
mately $25,000,000  of  the  company's 
bonds. 

While  the  reorganization  plan  is 
proceeding  at  a  rate  regarded  as  sat- 
isfactory by  many  important  credi- 
tors it  has  not  yet  attained  a  stage  at 
which  3.  definite  date  for  submitting 
it  to  creditors  can  be  named.  This 
coincides  with  the  statement  made  to 
Motion  Picture  Daily  last  week  by 
Adolph  Zukor  in  which  he  said  that 
while  important  progress  toward  re- 
organization had  already  been  made, 
no  accurate  estimate  could  be  made  at 
this  time  of  a  date  on  which  the  work 
would  be  completed. 

Paramount  production  and  distrib- 
ution operations  are  regarded  as  pre- 
senting no  outstanding  obstacles  to 
reorganization.  Motion  Picture 
Daily  understands  that  all  of  the 
company's  activities  are  being  sub- 
jected to  study  to  assure  that  better 
results  may  be  obtained.  This  may 
result  in  operating  changes  in  those 
two  branches  of  the  company's  busi- 
ness, but  not  necessarily  in  the  per- 
sonnel now  handling  them.  The  big 
job  has  to  do  with  leases,  bond  is- 
sues and  a  general  scaling  downward 
of  various  elements  involved  in  the 
theatre  end  of  the  enterprise. 

In  that  direction,  considerable  prog- 
ress is  viewed  as  having  been  made. 
The  key  moves  in  reorganization  of 
the  theatre  situation  are  the  partner- 
ship and  management  deals  either 
made  or  in  process.  These  have  af- 
fected such  important  theatre  units  as 
Publix-Detroit,  Dent,  Hoblitzelle  and 
A.  H.  Blank  circuits,  Southern  En- 
terprises and,  now  under  discussion, 
.Saenger  and  Publix-B.  &  K. 


Loew  Won't  Bid  in 
Sale  of  Own  Stock 

(Continued  from  pane  1) 

acquire  at  prices  ranging  from  about 
$70  to  $125  a  share  will  be  bought  in 
by  the  interests  that  now  hold  them, 
principally  Chase  National  Bank. 
Loew  officials  are  said  to  regard  these 
interests  as  friendly. 

The  proposed  sale  develops  as  a  re- 
sult of  a  default  in  interest  of  a  $20,- 
000,000  issue  of  six  per  cent  gold 
bonds  by  Film  Securities  Corp.  to 
which  the  original  block  of  stock  was 
transferred  in  1931  after  the  Govern- 
ment had  won  a  Clayton  Act  decree 
against  Fox  Film  and  Fox  Theatres 
for  purchase  of  the  Loew  issues. 


Monogram  Meet  Opens 

Cleveland,  Oct.  25. — Opening  .ses- 
sion of  the  special  Monogram  fran- 
chise holders  meeting  got  under  way 
this  afternoon  at  the  Statler  with  W. 
Ray  Johnston,  president,  conducting 
the  conclave  behind  closed  doors. 
Earlier  in  the  day  an  informal  screen- 
ing of  "Broken  Dreams"  was  held 
for  the  benefit  of  the  franchise  men. 


Unions  Will  Reject 
ITOA  Labor  Plan 


With  the  boards  of  directors  of 
Stagehands'  Locals  1,  4  and  340  and 
Operators'  Locals  306  and  640  meeting 
today  at  L  A.  T.  S.  E.  headquarters 
to  decide  on  terms  offered  by  the 
L  T.  O.  A.  at  a  meeting  at  the  Astor 
Hotel  late  Tuesday  night,  opinion  of 
local  union  heads  is  that  the  plan  will 
be  rejected  in  toto.  Another  meeting 
between  labor  heads  and  members  of 
the  L  T.  O.  A.  will  be  held  at  the 
Astor  tomorrow  night  when,  it  is  un- 
derstood, the  proposed  terms  will  be 
turned  down. 

According  to  the  plan  submitted  by 
the  L  T.  O.  A.,  exhibitors  will  not 
pay  more  than  $75  a  week  for  the 
entire  booth  for  theatres  seating  up  to 
600;  $105  for  houses  seating  from  600 
to  900  and  from  $115  to  $190  for  seat- 
ing capacities  over  900.  The  May- 
fair  will  not  pay  more  than  $280. 
The  deal  also  provides  that  members 
of  Allied  M.  P.  Operators  must  be 
taken  into  Local  306. 

Union  leaders  explain  that,  with 
theatres  operating  84  hours  a  week,  it 
is  impossible  to  supply  labor  working 
40  hours  a  week  for  the  scales  sub- 
mitted. They  also  state  Local  306 
will  not  take  in  Allied  men  as  they 
have  no  room  for  them.  Harry  Sher- 
man recently  admitted  to  Local  306 
membership  600  permit  men  with  most 
of  them  working  on  a  part  time  basis. 


Doubt  If  Order  on 
Imports  Means  Film 

Washington,  Oct.  25. — Consider- 
able doubt  was  expressed  here  today 
as  to  whether  or  not  the  executive 
order  paving  the  way  for  restriction 
of  imports  will  be  applied  to  films 
made  abroad,  whether  by  foreign  pro- 
ducers or  by  American  stars. 

It  is  provided  in  the  law  that  the 
restriction  of  imports  shall  apply  only 
when  foreign  product  threatens  to  im- 
pair the  operation   of  industry   codes. 

Investigations  will  be  made  only  up- 
on receipt  of  complaints  from  trades 
affected  by  imports,  and  it  is  contem- 
plated that  the  complainants  shall  rep- 
resent at  least  50  per  cent  of  the  do- 
mestic production.  No  consideration 
has  been  given  the  subject  of  films 
thus  far  in  this  connection  but  officials 
privately  expressed  doubt  whether  im- 
ports constituted  a  menace  to  the 
American  film  industry. 


Foreign   Squeals 

Los  Angeles,  Oct.  25.  — 
"Three  Little  Pigs"  will 
squeal  in  French  at  the  Bev- 
erly for  three  weeks  and  in 
Spanish  at  Loew's  State  be- 
ginning  Thursday. 


Gaumont  to  Release 
31  More  in  America 

Gaumont  British  is  adding  31  films 
to  its  release  schedule  for  America, 
it  was  revealed  here  yesterday  by  Ar- 
thur A.  Lee,  operating  head  of  the 
American  subsidiary.  The  pictures 
are  now  in  various  stages  of  produc- 
tion at  the  Gaumont-British  and 
Gainsborough  studios  in  London  and 
are: 

"Jack  Ahoy,"  "Friday  the  13th,"  "Tur- 
key Time,"  "Chu  Chin  Chow,"  "Red  En- 
sign," "Man  of  Aran,"  "Aunt  Sally," 
"Evergreen,"  "Brown  on  Resolution." 
"Public  Enemy,"  "Road  House,"  "Bella 
Donna,"  "Northbound,"  "Murder  Party," 
"Wild  Boy,"  "On  the  Dole,"  "Princess 
Charming,"  "Jew  Suss,"  "Waltzes  from 
Vienna,"  "Mary  Queen  of  Scots,"  "Mag- 
nolia Street,"  "The  Clairvoyant."  "Paris 
in  Spring,"  "Open  All  Night,"  "Men  With- 
out Work,"  "Covent  Garden,"  "Brether- 
ton,"  "A  Bit  of  a  Test,"  "Crazy  People," 
"Little  Friend'  and  "Wings  Over  Ever- 
est." 

These  pictures  augment  20  already 
here  for  release  in  America.  These 
are : 

"Britannia  of  Billingsgate."  "Channel 
Crossing,"  "Falling  for  You,"  "The  Fire 
Raisers,"  "The  Ghost  Train,"  "The 
Ghoul,"  "It's  a  Boy,"  "Just  Smith,"  "King 
of  the  Ritz,"  "Love  in  Morocco."  "Love 
on  Wheels,"  "Lucky  Number,"  "The  Man 
from  Toronto,"  "Marry  Me,"  "Night  and 
Day,"  "Orders  Is  Orders,"  "The  Prince 
of  Wales,"  "Sleeping  Car,"  "There  Goes 
the    Bride,"    and    "Waltz    Time." 


it 


Diggers'*  Leader  in 
Champion'*  Line-Up 

"The  Gold  Diggers  of  1933"  leads 
Motion  Picture  Herald's  list  of  "Box- 
Office  Champions"  for  the  1932-1933 
season.  Second  is  "42nd  Street,"  thus 
giving  first  and  second  leads  to  musi- 
cals and  Warners. 

The  others,  in  the  order  of  their 
rating,  follow : 

Tugboat  Annie:  M-G-M. 

Smilin'  Through:  M-G-M. 

Grand  Hotel:  M-G-M. 

Horse   Feathers  :    Paramount. 

Love   Me  Tonight;    Paramount. 

Cavalcade:  Fox. 

State  Fair  :  Fox. 

Rasputin   and   the  Empress  : 
M-G-M. 

Strange  Interlude:  M-G-M. 

Bird  of  Paradise:  RKO. 

Be  Mine  Tonight:  Universal. 

Tiger  Shark  :   First  National. 

70,000  Witnesses  :  First  National. 

M-G-M  leads  the  field   with   five. 


Rosen  Files  Action 
Against  Hays  Ass'n 

Hollywood,  Oct.  25. — Charging  it 
objects  to  production  of  "The  Mad 
Dog  of  Europe,"  dealing  with  Adolf 
Hitler  and  the  anti-Jewish  campaign, 
Al  Rosen  yesterday  filed  a  suit  for 
$1,022,200  against  the  Hays  organiza- 
tion. The  plaintiff  breaks  the  figures 
down   as   follows : 

$7,200  for  money  expended. 

$15,000  for  incurred  obligations. 

$1,000,000  for  punitive  damages. 

Rosen  claims  the  Hays  office  ob- 
jections interfered  with  a  deal  to 
make  the  picture  at  the  Tiffany  studio. 
Partial  Hollywood  opinion  views  the 
suit  as  a  publicity  move  to  create  ad- 
vance interest  in  the  story  in  which 
Rosen  is  said  to  be  trying  to  interest 
Samuel  Untermeyer. 


Hammons  Returns 
From  Trip  to  Coast 

E.  W.  Hammons,  Educational  pres- 
ident, arrived  in  New  York  yesterday 
following  a  two  weeks'  business  visit 
at  the  company's  west  coast  offices. 

He  described  the  trip  yesterday  as 
his  usual  business  visit,  impelled  this 
time  by  the  recent  division  of  produc- 
tion activity,  which  now  centers  half 
of  the  Educational  production  in  the 
east.  Several  additions  to  the  west 
coast  story  department  were  made,  he 
said. 


Mt.  Ranier  Goes  Liberal 

Baltimore,    Oct.    25. — Mt.    Ranier 
has  voted  for  Sunday  films,  412  to  154. 


Kansas  Faces 
5%  Admission 
Tax  Proposal 


(Continued  from  taae  1) 
Several  sales  tax  measures  have  been 
suggested.  There  is  considerable  sen- 
timent in  favor  of  a  one  per  cent  tax 
on  gross  sales,  estimated  to  raise  more 
than  $3,000,000  a  year  in  Kansas.  Such 
a  measure  passed  the  Senate  at  the 
regular  session  last  winter,  but  died 
in  the  House. 

Among  numerous  bills  already 
drafted  to  bring  the  state  in  compli- 
ance with  the  NRA  program  is  one 
authorizing  non-enforcement  of  the 
state  anti-trust  laws.  Another  would 
make  possible  extensive  public  works 
construction  as  a  relief  move.  Strength- 
ening the  banking  laws  and  giving  the 
state  stricter  control  over  banks  is  also 
planned. 


Franklin  Satisfied 
With  RKO  Record 

Expressing  satisfaction  over  having 
aided  in  directing  RKO  activities  from 
business  trials  into  "calm  waters," 
Harold  B.  Franklin,  recently  resigned 
head  of  RKO  theatres,  addressed  ex- 
ecutives of  the  company  at  a  farewell 
dinner  given  in  his  honor  at  the  Wal- 
dorf-Astoria  last  night. 

Franklin  said  that  he  would  defer  a 
proposed  trip  to  Europe  and  might 
abandon  it  altogether  in  order  to  give 
further  consideration  to  future  activi- 
ties. He  was  presented  with  an  en- 
graved silver  coffee  set  by  his  RKO 
hosts. 

Among  those  at  the  dinner  were: 
M.  H.  Aylesworth,  J.  R.  McDon- 
ough,  S.  L.  Rothafel,  Ned  E.  Depinet, 
Phil  Reisman.  W.  G.  Van  Schmus, 
Jules  Levy,  N.  J.  Blumberg,  Robert 
F.  Sisk.  C.  W.  Koerner.  H.  R.  Emde, 
Louis  Goldberg,  J.  J.  Franklin,  J.  J. 
McCarthy,  Herbert  Yates.  Harry 
Goetz,  A.  P.  Waxman,  Charles  Mc- 
Donald, J.  M.  Brennan,  John  O'Con- 
nor, Fred  Meyers.  Max  Fellerman, 
Henry  W.  Walters,  Arthur  Benline, 
William  Howard.  Arthur  Willi,  Louis 
Cohen,  O.  R.  McMahon,  William  Mal- 
lard and  S.  Barrett  McCormick. 


Consolidated  Earned 
$253,901  in  Quarter 

Consolidated  Film  Industries,  Inc.. 
and  subsidiaries  yesterday  reported 
for  the  quarter  ended  Sent.  30  consoli- 
dated net  profit  of  $253,901  after  de- 
preciation and  Federal  taxes.  This  is 
equivalent,  after  dividend  requirements 
on  $2  Dreferred  stock,  to  10  cents  a 
share  (par  $1)  on  524,973  shares  of 
common  stock.  This  compares  with 
'';197.177,  or  49  cents  a  share  on  400,- 
000  shares  of  $2  preferred  stock  earned 
in  the  same  quarter  last  year. 

For  the  nine  months  ended  Sept.  30. 
net  profit  was  $716,478  after  charges 
and  taxes,  equal  to  22  cents  a  share 
on  the  common  and  comnaring  with 
^685,273.  or  16  cents  a  .share  in  the 
first  nine  months  of  1932. 


Ampe^s  Closed  Session 

The  reeular  meeting  of  the  A.  M. 
P.  _A.  will  be  a  closed  affair  todav. 
It  is  understood  Lou  Goldberg  will 
attend  and  air  his  views  on  member- 
ship and  policy. 


The  Leading 

Daily     „„ 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Ind^try 
in  All 
Branches 


VOL.  34.    NO.  100 


NEW  YORK,  FRIDAY,  OCTOBER  27,  1933 


TEN  CENTS 


Zukor  to  Give 
Testimony  at 
Para.  Hearing 

Trustees  Notify  Rogers, 
Creditors'  Attorney 


Adolph  Zukor  will  be  placed  on  the 
stand  today  at  an  adjourned  meeting 
of  Paramount  Publix  creditors  for  ex- 
amination either  by  counsel  for  the 
Paramount  trustees  or  by  creditors' 
attorneys,  Saul  E.  Rogers,  attorney 
for  a  Paramount  bondholders'  group, 
was  advised  yesterday  by  the  trustees. 

Rogers  requested  at  the  last  credi- 
tors' meeting  before  Henry  K.  Davis, 
referee  in  bankruptcy  for  Paramount, 
that  both  Zukor  and  John  Hertz,  Chi- 
cago financier  and  former  chairman 
of  the  Paramount  finance  committee, 
be  produced  by  the  trustees  for  ques- 
tioning. He  was  also  advised  yester- 
day that  the  trustees  had  written  to 
{Continued  on   paae  4) 


Hold  Sale  of  Loew 
Stock  a  Formality 

Sale  of  the  660,900  shares  of  Loew's, 
Inc.,  by  the  Chemical  Bank  &  Trust 
Co.,  scheduled  to  take  place  Nov.  27, 
was  described  yesterday  by  David  N. 
Bernstein,  Loew's  treasurer,  as  a  for- 
mal procedure  under  which  holders 
of  the  defaulted  $20,000,000  bond  is- 
sue of  Film  Securities  Corp.  will  ac- 
quire the  stock. 

The  transaction,  scheduled  for  a 
hearing  before  Federal  Judge  John  C. 
Knox  here  Nov.  IS,  would  thus  re- 
sult neither  in  a  change  of  stock  con- 
trol of  Loew's  nor  in  dumping  the 
shares  on  the  market,  in  the  event  the 
sale  is  approved  by  the  court.  The 
(Continued   on    faae    4) 


Midland  Hike  May 
End  K.  C.  Price  War 

Kansas  City,  Oct.  26. — Disaster 
loomed  for  cut-throat  trade  practices 
and  admissions  in  Kansas  City  today 
when  the  Independent  Theatre  Owners 
Ass'n  received  news  from  Col.  E.  A. 
Schiller  of  Loew's  from  New  York 
that  the  company  had  consented  to 
boost  the  25-cent  price  at  the  first  run 
Midland  in  accordance  with  the  de- 
mands of  local  independents  in  their 
battle  for  a   "fair   practice"   deal. 

Col.  Schiller  told  the  association  his 
company's  action  hinged  on  the  agree- 
ment of  suburbans  to  eliminate  cer- 
tain practices.  It  is  understood  the 
(Continued  on  page  4) 


Warner  Hits 
Goldwyn  and 
Schenck  Move 


"Stragglers  in  Army    of 
Progress,"  He  Says 

"There  are  stragglers  from  every 
army,  including  the  army  of  progress. 
It  is  an  unfortunate  fact  that  there 
are  men  in  our  industry  who  will 
do  or  say  very  wild  things  indeed  to 
get  their  names  in  the  papers,"  stated 
Jack  L.  Warner,  vice-president  in 
charge  of  production  for  Warners,  last 
night. 

His  remarks  were  directed  at  Sam- 
uel Goldwyn  and  Joseph  M.  Schenck, 
who  accompanied  their  resignations 
from  the  Association  of  M.  P.  Pro- 
ducers with  attacks  on  the  industry 
code  and  its  limitations  on  "star  raid- 
ing." 

Warner  said  he  had  been  "amused" 
by  the  Goldwyn  and  Schenck  state- 
ments. 

"They  were  either  made  simply  for 
the    sake    of    publicity,"    he   said,    "or 

(Continued  on   page  4) 


20  Supervisors  for 
W.  B.  Checking  Plan 

Warners'  theatre  checking  service, 
inaugurated  by  the  company  to  check 
all  its  percentage  engagements,  is  now 
operating  with  a  full  field  personnel 
under  direction  of  20  field  supervisors. 

Local  checkers  for  every  theatre  sit- 
uation have  been  trained  by  the  super- 
visors and  now  comprise  the  only 
(Continued  on  page  4) 


Reform 

A  Mickey  Mouse  once  a  day 
instead  of  once  a  month  and 
Mae  West's  picture  replacing 
George  Washington's  on  post- 
age stamps  are  among  first 
orders  issued  by  Billy  Gax- 
ton  following  his  ascendancy 
to  musical  comedy  dictator- 
ship in  "Let  'Em  Eat  Cake," 
stage  sequel  to  "Of  Thee  I 
Sing." 


Budget  Boost 
By  Monogram 
Is  Voted  O.K. 


Cleveland,  Oct.  26. — At  the  close 
of  the  Monogram  meeting  here  today 
it  was  announced  by  W.  Ray  John- 
ston, head  of  the  company,  that  fran- 
chise holders  had  unanimously  adopted 
the  proposal  to  increase  the  minimum 
budget  per  picture  to  $100,000  to  per- 
mit bigger  "star"  casts  and  better  au- 
thors to  be  engaged. 

Johnston  said  production  plans 
would  be  elaborated  to  make  pictures 
for  first  run  showing.  The  break- 
down in  the  major  circuits,  according 
to  him  and  Trem  Carr,  vice-presi- 
dent in  charge  of  production,  has  now 
given  Monogram  an  opportunity  to 
make  first  run  situations. 

The  question  of  an  increased  budget 
for  the  new  season  constituted  the 
only  major  discussion  of  the  meeting. 
No  action  was  taken  on  the  code. 
This  matter  was  left  to  the  executive 
committee,  which  is  empowered  to 
act    as    spokesman   for    Monogram    in 

(Continued  on   page  4) 


MOTION  PICTURE  DAILY5 
HOLLYWOOD  PREVIEW 


«A 


.*f 


Cradle  Song 

{Paramount) 

Hollywood,  Oct.  26. — Paramount  merits  more  than  passing  commen- 
dation for  producing  "Cradle  Song."  Completely  out  of  the  beaten  path 
of  film  entertainment,  the  picture  is  sensitive  and  touching.  It  drew 
many  muffled  sobs  from  a  preview  audience. 

The  film  should  certainly  attract  discriminating  patrons  and  stimu- 
late the  every-day  fan.  The  story,  by  Martinez  Sierra,  noted  Spanish 
playwright,  tells  of  an  infant  left  at  the  door  of  a  convent  by  an  un- 
known mother.  Dorothea  Wieck,  cloister  novitiate,  is  devoted  to  the 
child.  Sir  Guy  Standing  becomes  the  foster  father  while  all  the  nuns 
lavish  gentle  kindness  on  the  baby  girl.    Drama  and  heartbreak  arrive 

(Continued  on   page  6) 


Illness  Sets 
Back  Signing 
Of  the  Code 


Rosenblatt  Has  Cold  and 
Activities  Halt 


Washington,  Oct.  26. — Due  to  the 
illness  of  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  the  code  did  not 
go  to  the  White  House  today  as  ex- 
pected. 

Consideration  of  the  document  was 
suspended  when  Rosenblatt  was 
obliged  to  quit  work  because  of  a  se- 
vere cold.  He  was  forced  to  go  to 
bed. 

In  the  meantime  there  is  a  new 
gathering  of  film  men  forming  here, 
with  Will  H.  Hays  and  Louis  Nizer 
known  to  be  in  the  city,  and  others 
rumored  to  be  here  or  en  route.  While 
it  is  believed  they  are  here  for  fur- 
ther discussion  of  code  provisions,  in 
view  of  rumors  current  in  New  York, 
there  was  an  impression  that  they 
might  be  gathering  to  observe  the  last 
rites  which  will  make  the  code  a  law. 

General  Johnson's  office  maintains 
that  he  has  not  received  it. 


Easing  of  Salary 
Penalty  Reported 

Washington,  Oct.  26.  —  Further 
easing  of  the  salary  penalty  clause  in 
the  code  is  understood  to  have  been 
made,  but  both  confirmation  and  de- 
tails are  lacking. 

Opponents  of  this  provision  con- 
tinue in  their  contention  that  the  in- 
clusion in  a  code  of  a  penalty  for  vio- 
lation is  illegal  and  an  assumption  of 
the  powers  of  Congress,  which  has 
specified  in  the  Recovery  Act  the  pen- 
alties to  be  meted  out  to  violators. 


Omaha  Exhibitors' 
Group  Favors  Code 

Omaha,  Oct.  26. — Exhibitors  in  this 
territory  are  for  the  code.  More  than 
100  of  them,  representing  Allied,  the 
M.   P.  T.   O.  and  unaffiliated  houses 

(Continued  on   page  4) 


MPTO  of  SL  Louis 
Hits  Part  of  Code 

St.    Louis,    Oct.   26. — Considerable 
opposition    to    signing    the    industry 
code  in  its  third  revised  form  has  de- 
veloped among  members  of  the  M.  P. 
(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Friday,  October  27.   1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 

Formerly    Exhibitors    Daily    Revitw 

and    Motion    Piciurei    Today 


Vol.   34 


October  27,    1933 


No.   100 


Martin  Quigley 

Editor-in-Chief  and   Publither 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•^r\  PUBLISHED  daily,  except  Sunday 
/  j|  J  and  holidays,  by  Motion  Picture 
N*j^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign 
$15.      Single   copies:    10    cents. 


Critics  Warner  Guests 

The  Chicago  film  critics  who  came 
to  New  York  for  the  world  premiere 
of  "The  World  Changes"  Wednesday 
night  were  entertained  by  the  War- 
ners— Harry,  Jack  and  Albert — at  a 
luncheon  yesterday  in  the  Warner 
Club  restaurant.  Other  Warner  men 
present  were  Gradwell  Sears,  S. 
Charles  Einfeld,  Jacob  Wilk  and  Sam 
Clark.  The  reviewers  were  Hazel 
Flynn  of  the  American,  Clark  Roden- 
bach  of  the  Daily  News,  Carol  Frink 
of  the  Examiner  and  Doris  Arden  of 
the  Times.  The  group  plans  to  re- 
turn to  Chicago  today. 

Warner  Club  at  Party 

Members  of  the  Warner  Club  to- 
night will  journey  to  New  Haven  to 
attend  a  Hallowe'en  party  to  be 
staged  there  by  Warner  employes. 
Among  them  will  be  A.  W.  Schwal- 
berg,  head  of  the  club;  Harold  Rod- 
ner,  Ruth  Weisberg  and  Estelle 
Schrott.  Tomorrow  the  local  Warner- 
ites  will  attend  the  Yale-Army  foot- 
ball game. 


Rosen  Heads  East 

Hollywood,  Oct.  26. — Al  Rosen  is 
eastbound  to  confer  with  Samuel  Un- 
termyer  on  the  story  aspects  of  "The 
Mad  Dog  of  Europe,"  anti-Hitler  film 
which  the  former  insists  he  will  pro- 
duce. Earlier  in  the  week  he  filed  a 
$1,022,200  suit  against  the  Hays  as- 
sociation charging  interference  with 
his  plans. 


BEN  BLUE 

Starring  In  Series 

WARNER  BROS. 
SHORTS 


=   Produced  by 
I    SAM  SAX 


Directed  by        | 
RALPH  STAUB  i 


Direction:  LEO   MORRISON 


Tlllllllltlllltlllllttllll 


iiiiiirtiiiiiiiiriiiiiriiiifr 


Insiders^  Outlook 


mgs   inQi 


'TpHE  choicest  morsel  on  the 
^  street  is  RKO  and  what's 
likely  to  happen  in  and  around 
Radio  City.  J.  R.  McDonough, 
who  doesn't  like 
newspaper  men  and 
clears  all  queries — 
there  are  many 
— through  Bob  Sisk, 
has  a  lot  of  eyes 
turned  in  his  direc- 
tion. Tongues  are 
hanging  out  and  per- 
spiration running 
freely  over  the  name 
of  Harold  B.  Frank- 
lin's successor.  The 
odds  seem  heavier 
than  before  in  favor 
of  Leslie  Thompson, 
who  formerly  han- 
dled labor  problems 
for  the  circuit  until 
he  recently  joined 
Trans  Lux.  One  of 
the  hitches  there  was 
Thompson's  insist- 
ence that  he  continue 
the  T.  L.  connection. 
That's  been  elimin- 
ated now.  He  can 
have  that  and  RKO 
as  well  if  he  likes  and  if  inside 
reports  are  faithful  to  the  truth. 


That  would  keep  Nate  Blum- 
berg  in  Chicago,  where  he  is 
now  in  charge  of  Middle  West- 
ern theatres,  and  Phil  Reisman 
in  New  York,  where  he  is  now. 
as  well,  in  charge  of  film  buys. 
At  the  same  time,  however,  and 
fraught  with  much  more  signi- 
ficance, is  the  immediate  future 
of  M.  H.  Aylesworth.  There  are 
stories  afloat  and  they  tie  him 
and  the  days  to  come  closer  to 
NBC  than  to  RKO.  Some  quick 
thumbing  of  Motion  Picture 
Daily  files  yesterday  brought  to 
light  the  original  story  of  Mc- 
Donough's  appointment  on  July 
19  and  a  phrase  or  two,  signifi- 
cant at  the  time,  but  more  so 
now,  which  indicated  something 
was  on  the  way.  .  .  . 


Then  there  is  Roxy.  He  hasn't 
had  it  entirely  his  own  way  since 
Radio  City  threw  open  its  hand- 
some doors  almost  a  year  ago 
and  today  his  way  is  reported 
even  less  his  own.  There  have 
been  some  pointed  suggestions 
made  about  operating  costs  at 
the  Music  Hall,  all  of  which 
Roxy  isn't  cheering  about. 
Hand  in  hand  with  that,  are  con- 
stantly recurrent  reports  that 
Herb  Lubin,  who  had  consider- 
able to  do  with  the  promotion  of 
the  Old  Roxy  has  been  talking 
to  its  namesake  about  a  return 
to  the  7th  Avenue  Cathedral. 
Yet  if  you  believe  in  denials,  you 


RKO  General 
Managership 
ToMcDonough 

RCA    Executive    Moved 
Into  New  Pont 


J.  R.  McDonough  ycsttrday  waft 
appointed  general  manager  of  Radio- 
Krith-Orpheum  and  subsidiary  com- 
panies, which  include  the  RKO  Radio 
Pictures  and  the  Keith-Albee-Or- 
pheum  Corp.  This  a  a  new  post  in 
the  RKO  corporate  structure. 

II    i«   undfrslood    the   appointment, 

hichgoes 


Illcr?l994,rr.    rtrr r 

deeper  than  surlace  mark 
U.  will   place  on   McU. 


.igh  s    shoul'der«     aV  pumper    m    Uli 
ulies   until    now   nanaifrt   hy   M.    H. 


Hi.hf ^   until    nnw   h»nrtlf<1   ny    M.    n. 
^yle^worlh.   oresiqent   01    RKO.   wtio 


i^jued  the  statement  covering  the 
TormeTs  post.  »^"^— ^.— ^ 

^«cuonougn  IS  Executive  vice-presi- 
dent o(  the  Radjo  Corp.  o(  America 
and   goes   inl         "' 


have  Howard  Cullman's  word  for 
it  that  this  is  the  bunk.  .  .  . 

▼ 
Meanwhile,  Franklin  is  out- 
fitting an  office  on 
the  54th  floor  of  the 
NBC  Building. 
That  may  be  so  that 
he  can  look  down  on 
the  RKO-ites.  .  .  . 
Paul  Muni's  new 
one  for  Warners, 
"The  World 
Changes,"  carries  a 
marked  resemblance 
to  "I  Loved  a 
W  o  m  a  n,"  Eddie 
Robinson's  last.  All 
about  meat  packers 
and  their  rise  to  for- 
tune. .  .  .  The  Educa- 
tional bunch  saw 
"Million  Dollar  Mel- 
ody," first  of  the 
"Musical  Comedy" 
series,  in  the  Fox 
projection  room  yes- 
terday and  came  out 
raving.  Jack  White 
produced  it  over  on 
Long  Island.  .  .  . 
Shock  to  some  film 
men :  The  President,  in  discussing 
NRA  and  codes  over  the  radio 
Sunday  night,  said  all  of  the  na- 
tion's greatest  industries  had 
been  codified.    So !   .  .  . 


It  develops  that  the  elimination 
of  score  charges,  the  one  trade 
practice  issue  emphasized  by  the 
M.P.T.O.A.  which  did  not  find 
its  way  into  the  code,  never  was 
regarded  by  it  as  a  vital  issue. 
Its  greatest  importance  to  the 
organization  was  as  a  "trading 
point"  with  distributors.  The 
exhibitor  leaders  who  shouted  the 
loudest  for  elimination  of  the  $5 
score  charge  on  the  $25  film  ren- 
tal knew  when  they  were  doing 
it  that,  if  their  shouts  were  an- 
swered in  the  code,  that  $25  film 
rental  would  become  $30  with  the 
first  picture  sold  after  the  code 
became  effective.  KANN 


M.  P.  Club  Treasury 
Needs  $5,000  by  Sat 

The  Motion  Picture  Club  treasury 
requires  overhauling  to  meet  current 
outstanding  obligations  and  is  faced 
with  necessity  of  raising  $5,000,  by 
tomorrow  morning.  A  special  plea  has 
been  sent  out  to  members  to  aid  by 
paying  delinquent  accounts.  The  di- 
rectors meet  today  to  discuss  the  sit- 
uation. 


May  Close  Czech  Offices 

American  companies  are  expected 
to  close  their  offices  in  Czechoslovakia 
due  to  failure  to  agree  oft  new  quota 
terms,   it  was  learned  late  last  night. 


i  Purely 
Personal  ► 


JACK  WHITE,  with  Al  Christie. 
will  place  in  production  today  a 
new  Coronet  Comedy  with  Tom 
Patricola  and  Charles  Judels  in 
the  principal  roles.  White  will  direct. 

Herb  Hayman  is  opening  his  own 
casting  office  in  New  York.  He  was 
formerly  with  Warners  and  Para- 
mount here. 

RoY  Mack  starts  direction  on 
"Come  to  Dinner,"  a  satire  on  "Din- 
ner at  Eight,"  at  the  Vitaphone 
studio  today. 

MoRAN  &  Mack,  under  contract  to 
Educational  for  a  series  of  comedies, 
have  signed  a  contract  to  broadcast. 

Harvey  Day  leaves  today  on  a  three 
week  tour  of  the  Fox  exchanges  of 
the  South  and  Mid-lWest. 

Ralph  W.  Budd,  Warner  personnel 
manager,  designs  theatre  equipment 
improvements  in  his  spare  moments. 

Eddie  DowlinIg,  who  has  been 
spending  a  few  days  in  Washington, 
returned    to    New    York    yesterday. 

Jesse  Cryor  has  been  engaged  for 
the  F.  &  M.  stage  show  beginning 
today  at  the  old  Roxy. 

M.  J.  Weisfeldt,  Majestic  sales 
manager,  is  in  Chicago  on  a  business 
trip. 


A  Correction 

In  publishing  Motion  Picture 
Herald's  annual  list  of  "Box-Office 
Champions"  yesterday.  Motion  Pic- 
ture Daily  credited  "70,000  Wit- 
nesses"  to   First   National. 

Charles  R.  Rogers  produced  the 
picture    for    Paramount    release. 


Hall  Out:  England  In 

R.  E.  Hall  yesterday  resigned  his 
post  in  the  maintenance  department  of 
the  RKO  circuit  and  watS  succeeded 
by  W.  B.  England,  member  of  the 
accounting  department. 


Tfiree  Stars  Colonels 

Frankfort,  Ky.,  Oct.,  26. — Latest 
commissions  issued  by  Gov.  Ruby 
Laffoon  have  been  mailed  to  Mary 
Pickford,  Clark  Gable  and  Charles 
Chaplin.  Mae  West  was  made  a 
colonel  last  \ytck. 


Fred  W.  Peters  Dead 

Dallas,  Oct.  26.— Fred  W.  Peters, 
for  many  years  cashier  of  National 
Theatre  Supply,  died  here.  He  was 
known  to  thousands  of  exhibitors  in 
this   territory. 


Cofin  Leaving  Sunday 

Harry  Cohn,  president  of  Columbia, 
returns  west  Sunday  after  a  few  weeks 
conferring  with  his  brother,  Jack,  and 
Nat  Spingold. 


Bacfi  Recovering 

Toronto,  Oct.  26.— W.  A.  Bach, 
president  of  Audio  Prod.,  New  York. 
is  recovering  from  an  appendicitis  op- 
eration at  the  Western  Hospital. 


NEWS  OF 
WEEK  IN 
PHOTO- 
REVIEW 


STANISLAUS  WARNOWSKI  AMAZED 

it  M.  P.  Herald  pool's  selection  of  "Gold 
Diggers"  and  "42nd  Street"  as  two  top 
box-office  champions  of  '32-'33.  "Never 
beard  of  any  such  pictures",  declares 
noted  asphalt  valet.* 


"FOOTLIGHT 
PARADE" 
QUEEN  gets 
Warner  screen 
test  as  part  of 
two-week  pro- 
motion plug 
which  added 
Syracuse  to  the 
85%  of  key  spots 
which  are  hold- 
ing over  latest 
Warner  music 
hit* 


"COLLEGE  COACH"  KICK- 
OFF  set  for  next  week. 
Warners'  daring  slant  on 
gridiron  "graft"  expected 
to  register  biggest  upset 
of  year  in  football  circles.* 


•a  Worner  Bro».  Picfure    fA  First  Hational  Pistun     Vitagraph,  Inc.,  Distributort 


KAY  FRANCIS  CAST  for  lead 
in  "Mandalay"  as  first  print  of 
her  "House  On  56th  Street" 
reaches  New  York.* 


MOTION  PICTURE 

DAILY 


Friday,  October  27.    1933 


Warner  Hits 
Goldwyn  and 
Schenck  Move 


(.C(mtinued  from  page  1) 
they  represent  astonishingly  sUght 
knowledge  of  what  President  Roose- 
velt is  trying  to  accomplish  under  the 
NK.A  system  and  of  what  almost  all 
the  leadmg  producers  are  trying  to 
do  in  his  support 

Calls  Stand  "Peculiar" 

"It  seems  rather  pecuUar  that  Mr. 
Schenck  and  Mr.  Goldwyn  should 
take  their  present  stand  as  the  only 
exceptions  in  the  general  eltort  ot 
the  major  producing  companies  to 
support  the  program  of  national  re- 
covery by  the  greatest  possible  ac- 
tivity and  consequent  employment. 

'Xet  me  say  very  dehmtely  that 
there  is  no  desire  on  the  part  of  any 
right-thinking  man  in  the  industry 
to  limit  any  actor's  income  arbitrarily 
and  unreasonably.  All  we  ajre  trying 
to  bring  about  is  that  all  the  people 
employed  in  tliis  industry  shall  get 
fair  and  just  returns  for  their  work. 

"Mr.  Goldwyn  advocates  fewer  pic- 
tures. Fewer  pictures  mean  less  em- 
ployment and  less  money  put  into  cir- 
culation. The  President  of  the  United 
States  is  trying  to  create  employment 
on  as  wide  a  scale  as  possible. 

"Since  June  24  Warner  Bros,  and 
its  affiliated  company,  First  National, 
have  produced  26  feature  pictures,  of 
which  to  date  24  have  been  shipped  to 
headquarters  in  New  York  for  re- 
lease; and  they  have  20  more  in 
active  preparation  to  go  before  the 
cameras  in  the  immediate  future.  The 
production  of  these  films  has  increased 
employment  by  thousands  of  people 
and  has  entailed  the  expenditure  of 
large  sums  of  money.  But  the  pictures 
meet  a  public  demand.  Their  produc- 
tion is  proving  profitable. 

"To  the  best  of  my  belief  Mr.  Sam 
Goldwyn  has  not  completed  one  mo- 
tion picture  during  the  same  period, 
although  he  has  had  one  in  produc- 
tion. As  far  as  I  know  he  has  only 
two  actors  under  contract,  one  of 
them  Eddie  Cantor,  with  whom,  I 
believe,  there  is  a  partnership  arrange- 
ment. 

"So  the  issue  is  clearly  drawn  be- 
tween the  spirit  of  NRA  and  the 
spirit  represented  by  Messrs.  Gold- 
wyn and  Schenck.  The  same  issue 
presents  itself  today  wherever,  in  a 
great  industry,  narrow  minds  attempt 
to  block  the  development  of  organiza- 
tion on  modern  lines. 

"Organization  for  unity  and  prog- 
ress, while  maintaining  fair  and 
healthy  competition,  is  as  necessary 
for  the  motion  picture  industry  as  for 
any  other.  It  is  essential  to  efficiency 
and  also  to  good  will  and  harmony. 
And  it  is  of  the  very  essence  of  the 
program  of  national  recovery  as  urged 
by    President    Roosevelt." 


May  Wed  Nov,  10 

Hollywood,  Oct.  26. — Doris  War- 
ner, only  daughter  of  Harry  M.  War- 
ner, shortly  will  wed  Mervyn  Le  Roy, 
Warner  director,  whose  latest,  "The 
World  Changes,"  opened  at  the 
Hollywood,  New  York,  Wednesday 
night 

Nov.  10  is  being  talked  of  as  the 
date. 


Budget  Boost 
By  Monogram 
Is  Voted  O.K. 


(Continued  from  page  1) 
making  public  anything  having  to  do 
with    the    company's     stand    on    the 
code. 

Johnston  and  Carr  are  remaining 
in  Cleveland  until  Friday  for  a 
round  of  golf.  They  will  leave  for 
New  York  Friday  night  to  complete 
production  plans.  Franchise  holders, 
who  came  to  this  city  from  all  over 
the  country  to  attend  the  meeting  left 
for  their  homes  tonight. 


20  Supervisors  for 
W.  B.  Checking  Plan 

{Continued  from  page  1) 
checking  service  being  used  by  War- 
ners. A  staff  of  alternates  for  the 
regular  checkers  has  also  been  organ- 
ized. The  checkers  receive  theatre 
assignments  from  the  field  supervisors, 
who  work  out  of  the  Warner  ex- 
changes. 

Ralph  W.  Budd,  Warner  personnel 
manager,  heads  the  new  checking  de- 
partment, which  was  inaugurated,  he 
said,  as  an  economy  measure.  Local 
men  are  employed  as  checkers,  reliev- 
ing the  distributor  of  the  expense  of 
traveling  costs  in  cases  where  check- 
ers otherwise  would  have  to  be  im- 
ported from  distant  key  cities. 


Midland  Hike  May 
End  K.  C.  Price  War 


Hold  Sale  of  Loew 
Stock  a  Formality 

(Continued  from  page  1) 

Chase  National  Bank  holds  the  bulk 
of  the  defaulted  bonds,  for  which  the 
660,900  shares  of  Loev/s  is  collateral. 
The  effect  of  the  transaction,  it  was 
said,  will  be  to  give  the  Chase  group 
formal  ownership  of  the  stock  in  re- 
turn for  the  defimct  bonds. 


Lou  Golding  in  Newark 

Lou  Golding,  formerly  RKO  dis- 
trict manager  in  Albany,  is  now  man- 
aging  the    Proctor's,    Newark. 


(Continued  f'om  page  1) 
offer  is  to  boost  the  price  at  the  Mid- 
land to  35  cents  beginning  Nov.  4 
with  the  showing  of  "Bombshell."  It 
is  also  understood  that  suburbans  ban 
double  bills,  dime  nights,  giveaways, 
etc. 

Jay  Means,  president  of  the  I.  T. 
O.  A.,  and  a  committee  are  sounding 
out  all  suburbans  in  an  effort  to  de- 
termine whether  they  agree  to  the 
conditions  set  down  by  the  Loew  or- 
ganization. It  is  reported  that  Loew's 
demands  unanimous  agreement  to  the 
terms  or,  at  least,  their  acceptance  by 
a  majority  of  the  suburbans.  Consen- 
sus of  opinion  here  is  that  agreement 
with  Loew's  will  end  local  price  wars. 

It  is  expected  developments  in  the 
near  future  will  bring  about  stabiliza- 
tion of  admission  prices  and  sharp  re- 
striction, if  not  actual  prohibition,  of 
double  bills,  giveaways,  cut  rates,  two- 
for-ones  and  the  entire  welter  of 
"price  evasions"  which  have  brought 
local  suburbans  to  the  worst  competi- 
tive situation  in  history. 

The  I.  T.  O.  A.  had  submitted  a  pro- 
posal to  Col.  Schiller  regulating  prac- 
tices among  suburbans  which  they  in- 
tended to  adopt,  provided  Loew's 
raised  the  price  at  the  Midland  to  at 
least  40  cents,  which  is  top  at  other 
first  runs. 

Last  week  Means  wired  Col  Schil- 
ler he  and  some  others  were  prepared 
to  reduce  their  admissions  from  15 
cents  and  20  cents  to  a  dime  unless 
immediate  action  was  forthcoming. 
Loew's  wired  back  demanding  the  in- 
dependents "do  something"  about 
double  bills. 

Since  the  Midland  is  considered 
strong  competition  to  suburbans  as 
well  as  first  runs,  every  exhibitor 
wants  its  price  tilted.  In  fact,  the  low 
price  is  regarded  as  the  crux  of  the 
entire  price  situation  in  the  city  and 
territory,  and,  it  is  claimed,  prevents 
boosts  in  admission  prices  where  they 
otherwise  might  be  considered  proper. 

On  top  of  that,  exhibitors  are  balk- 
ing at  playing  big  pictures  which  prove 
strong  draws  at  the  Midland,  claimirtg 
that  house  "milks"  the  neighborhoods. 
Fox  Midwest  is  dissatisfied  because  of 
this  situation,  as  a  result  of  which  a 
percentage  date  on  "Tugboat  Annie" 
was  pulled  at  a  25-cent  Fox  suburban. 


Fox  Slumps  One  Point 


High 

Columbia    Pictures,    vtc 20?^ 

Consolidated    Film    Industries 3% 

Consolidated   Film   Industries,   pfd 9}4 

Elastman   Kodak    74 

Eastman   Kodak,   pfd 125^ 

Fox  Film   "A" 15^ 

Loew's,   Inc 28J^ 

Paramount    Publix    1J4 

Pathe  Exchange   IH 

RKO    2Ji 

Universal   Pictures,   pfd 19J4 

Warner    Bros 6Ji 


Low 

20Vs 

9'A 
73 
125% 

28% 

m 

1954 
6'A 


Close 

20Ji 
3'A 
9ys 

73 
125% 

1454 

28% 

m 
m 

2Vi 
1954 


Net 
Change 

-t-54 


Zukor  to  Give 
Testimony  at 
Para.  Hearing 


(Continued  from  page  1) 
Hertz  at  Chicago  asking  him  whether 
he   had  any  objections   to   submitting 
to    examination.     To   date,    the   trus- 
tees have  had  no  reply  from  Hertz. 

Rogers  said  that  he  would  make  no 
objections  to  counsel  for  the  Para- 
mount trustees  conducting  the  exami- 
nation of  Zukor,  if  they  chose  to  do 
so.  He  said  he  was  principally  con- 
cerned with  testimony  which  Ralph 
Kohn,  former  Paramount  treasurer, 
and  Austin  Keough,  Paramount  gen- 
eral counsel,  had  been  unable  to  sup- 
ply while  they  were  on  the  stand. 

Preceding  the  examination  of  Zu- 
kor the  trustees  are  scheduled  to  seek 
authorization  for  the  settlement  of  a 
claim  against  Fox  Film  arising  out 
of  the  leasing  of  Pacific  Coast  thea- 
tres ;  settlement  of  a  claim  filed  by 
Walter  Reade  and  Frank  V.  Storrs, 
and  authority  to  proceed  with  reor- 
ganization of  various  subsidiaries. 


-\V2 


-1 

-m 

-'A 


54 
% 


Technicolor  Off  Five  Eighths 


'High      Low 

Technicolor     10%        10^ 

Trans   Lux   IJi         1^ 


Net 
Close     Change 

10%       —  % 

m     


Paramount  Broadway  Up  Two 


General  Theatre  Equipment  6s  '40 

General  Theatre   Equipment  6s  '40,  ctf. 

Keith   B.    F.   6s   '46 

Paramount    Broadway    S'As    '51 

Paramount    Publix   SJ'Js    'SO 

Warner  Bros.  6s  '39,  wd 


High 

.     4% 
.    3% 
.  46 
.  31 
.  30 
.  41K 


Low 

4 

3% 
46 
30 
30 
40J4 


Close 

4 

3% 
46 
31 
30 
40^ 


Net 
Change 

-'A 

+  y4 
+2" 


—1 


Sales 

300 

200 

600 

1,000 

1,000 

2,500 

1,900 

500 

100 

400 

3,000 

1,600 


Sales 

700 
100 


Sales 

15 
2 
1 
4 
4 

14 


Omaha  Exhibitors' 
Group  Favors  Code 

(Continued  from  page  1) 
approved  a  report  of  Cal  Bard  on  the 
Washington  negotiations  and  agreed 
to  retain  their  joint  organization  un- 
til code  practices  are  firmly  estab- 
lished. 

Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  is  a  native  of  this  city. 

"We  are  eager  and  anxious  to  op- 
erate under  the  approved  code  as  the 
best  plan  to  put  the  industry  on  a 
firm  basis  and  intend  to  back  Rosen- 
blatt to  a  man,"  Bard  reported  after 
a   meeting   with   the   exhibitor   group. 

The  committee  which  it  was  decided 
to  continue  includes  Bard,  as  chair- 
man; August  Herman,  Sam  Epstein 
and  Walter  Creal  of  Omaha;  Phil 
March  of  Wayne,  Neb.,  and  Lester 
Martin  of  Nevada,  la. 


MPTO  of  St,  Louis 
Hits  Part  of  Code 

(Continued  from  page  1) 

T.  O.  of  St.  Louis,  eastern  Missouri 
and  southern  Illinois.  As  a  result 
Fred  Wehrenberg,  president,  has  de- 
ferred signing  until  all  members  have 
had  a  chance  to  study  the  forthcoming 
final  draft.  Copies  are  to  be  sent  out 
as  soon  as  they  are  received. 

Wehrenberg  told  members  at  a  re- 
cent meeting  that  there  were  features 
of  the  code  he  did  not  like,  but  that  he 
felt  it  was  the  best  obtainable.  He  said 
opposition  from  independent  producers 
and  distributors  should  not  be  consid- 
ered, and  expressed  the  opinion  that 
some  independent  product  was  a  detri- 
ment to  the  industry. 

Some  of  the  members  in  this  terri- 
tory are  centering  their  oppositiononl 
the  labor  provisions  of  the  code,  claim- ' 
ing  that  increased  costs  will  outweigh 
any  advantages  they  may  obtain. 

"Eskimo"  at  Astor 

"Eskimo,"  produced  for  M-G-M  by 
Hunt  Stromberg,  will  open  at  the  As- 
tor Nov.  14  instead  of  Nov.  15  as  first 
planned. 


Universal's  New  Deal! 


E.  M.  LOEW  CIRCUIT 

Operating  in  Boston^  Worcester,  CItarlestown,  Somervillef 
New  Bedford,  Arlington,  Roxbury,  }Natertown  and  Fitdi- 
burg,  lyiassi.  Providence,  Pawtucliet  and  Oineyville,  R.  i., 

and  Portland  and  Sanford,  Me., 

signs  for 


UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


Thanks,  Mr.  Loew,  for  your  confidence 
in  Universal  Pictures.  We  will  do  our  part. 


MOTION  PICTURE 

DAILY 


Friday.  October  27.   1933 


AMP  A  Malpractices 
Aired  at  Meeting 


Reforms  in  the  A.  M.  P.  A.  and 
plans  for  a  constructive  and  more  con- 
crete organization  are  under  way  as 
a  result  of  a  closed  meeting  of  the 
association  yesterday  at  Sardi's.  Nu- 
merous speakers  discussed  the  recent 
charges  of  Columbia  as  preferred  by 
Lou  Goldberg  and  agreed  in  most  in- 
stances that  there  was  reason  for  com- 
plaint. 

Heading  the  group  of  complainants 
was  Goldberg  who  stated  that  he  had 
no  grievance  against  anyone  in  par- 
ticular but  his  accusations  were  an 
indictment  against  the  organization 
itself  for  not  upholding  its  original 
purpose.  Other  speakers  included 
John  Flinn,  president ;  Bert  Adler, 
Vivian  Moses,  Tom  Hamlin,  Ralph 
Gervers,  Leon  Bamberger,  Paul  Ben- 
jamin and   Martin   Starr. 

It  was  brought  out  that  of  the  147 
members  only  37  are  in  good  stand- 
ing and  some  of  these  are  not  repre- 
sentatives of  the  industry.  Practice 
of  some  companies  replacing  em- 
ployes with  new  men  for  less  than 
half  the  salary  of  the  outgoing  men 
also  was  criticised. 

The  general  tenor  of  the  meeting 
was  to  buckle  down  to  bringing  the 
organization  back  to  a  commanding 
place  in  the  industry.  It  was  agreed 
it  would  be  better  to  have  a  small 
group  of  bona  fide  press  agents  and 
advertising  men  active  in  furthering  the 
welfare  of  its  members  than  a  large 
and  unimportant  membership.  Flinn 
stated  that  if  present  committees  were 
not  functioning  within  30  days  he 
would  appoint  new  committees  which 
would. 

The  board  of  directors  was  ordered 
to  get  to  work  on  plans  for  rehab- 
ilitating the  A.  M.  P.  A.  and  report 
back  at  the  next  meeting  as  to  the 
program  to  be  pursued.  About  25 
attended   the   session   yesterday. 


''Berkeley"  5-Week 
Gross  Here  $46^50 

In  its  five-week  run  at  the  Gaiety 
"Berkeley  Square"  grossed  $46,950. 
For  the  opening  week,  which  ended 
Sept.  20,  the  take  was  $10,350.  It  held 
around  $9,000  for  the  two  succeeding 
weeks  and  then  dropped  to  $8,000  in 
the  fourth.  The  final  gross,  covering 
an  11 -day  period  ending  Oct.  22,  was 
$10,100. 

The  takings  week  by  week  follow : 

Week   ending    Sept.   20 $10,350 

Week  ending  Sept.  27 9,500 

Week  ending  Oct.      4 9,000 

Week   ending    Oct.    11       8,000 

Week    ending   Oct.  22— 1 1  days  10,100 

$46,950 


Loews  to  Make  Air  Tour 

Arthur  and  David  Loew  and  their 
wives  will  make  a  trip  around  the 
world  by  air,  starting  from  the  coast 
on  Nov.  15  when  they  will  board  the 
Mariposa  for  Australia.  The  trip 
will    take    six   months. 


Dent  Reaches  London 

London,  Oct.  26. — Arthur  Dent,  a 
director  of  B.  I.  P.,  returned  yester- 
day from  a  six-week  trip  to  the  United 
States. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


(Continued  from  page  1) 

when  the  child,  now  bloomed  to  girlhood,  meets  a  young  engineer  outside 
the  convent  and  leaves  there  to  marry  him. 

The  entire  production  leans  toward  the  unusual  and  has  about  it 
a  definite  spiritual  quality.  Direction  by  Mitchell  Leisen  captures  and 
sustains  the  delicate  moods  and  feelings.  For  the  American  debut  since 
"Maedchen  in  Uniform,"  Miss  Wieck  presents  a  fragile  portrait,  sufifused 
with  haunting  beauty  and  promising  much  for  the  future. 

Sir  Guy  Standing  adds  many  heart  throbs  in  a  fine  human  charac- 
terization. Louise  Dresser  is  a  cameo  as  the  mother  superior.  Evelyn 
Venable,  the  girl,  has  freshness  and  charm. 

A  prestige  building  and  quality  production,  this  one  should  please 
class  trade  and  stir  up  talk.  Thoughful  showmen  might  even  secure 
added  box-office  values  by  unusual  exploitation. 


Looking  ^Em  Over 


"The  Kennel  Murder  Case'' 

{Warners) 

An  intriguing  mystery,  well  done  and  holding  the  interest  throughout. 
Again  Philo  Vance  comes  to  the  fore,  solving  a  unique  mystery  after 
the  police  give  up  the  death  of  Robert  Barrat  as  one  of  suicide.  William 
Powell,  as  Vance,  has  his  doubts  about  the  decision  reached  in  the  case 
and  sets  out  to  solve  it  his  own  way,  with  the  result  that  he  gets  his 
man  after  a  perplexing  investigation.  The  crime  is  unraveled  intelli- 
gently. 

Shortly  after  Barrat  is  killed,  his  brother,  Frank  Conroy,  is  also 
found  murdered.  Seven  suspects  become  involved.  They  are  Mary 
Astor,  Paul  Cavanaugh,  Ralph  Morgan,  Helen  Vinson,  Jack  La  Rue, 
Arthur  Hohl  and  a  Chinese  cook.  The  culprit  turns  out  to  be  Morgan, 
secretary  to  the  owner  of  the  house,  who  killed  him  because  he  could 
not  get  his  employer's  permission  to  marry  Miss  Astor,  niece  of  Barrat. 

Comedy  interludes  are  supplied  by  Eugene  Pallette,  who  garnered  a 
number  of  laughs  at  the  Rialto  last  night.  Other  performers,  as  well  as 
those  listed  above,  do  a  workmanlike  job. 


*To  the  Last  Man'* 

{Paramount) 

This  picture  should  not  be  sold  merely  as  a  "western."  To  do  so, 
may  cost  the  exhibitor  admissions  which  could  be  attracted  legiti- 
mately by  emphasizing  the  dramatic,  cast  and  story  values  which  are 
there,  and  which,  at  the  same  time,  need  not  cost  him  the  patronage 
of  his  "western"  fans.     These  latter  are  in  for  a  pleasant  surprise. 

Based  on  a  Zane  Grey  story,  "To  the  Last  Man"  has  more  of  the 
rough  and  tumble,  outdoor  riding  and  fighting  action  than  the  usual 
western.  In  addition,  it  has  dramatic  and  romantic  interest  of  a  high 
order  for  this  type  of  picture,  together  with  a  cast,  direction  and  tech- 
nical attention  seldom  found  in  action  pictures.  All  performances, 
photography   and   settings    are   also   commendable. 

The  story  involves  a  family  feud  carried  from  the  Kentucky  hills 
to  the  western  ranchlands ;  the  efforts  of  one  family  to  end  the  at- 
tendant killings  and  settle  the  feud  bloodlessly  by  letting  the  law  pun- 
ish the  aggressors;  the  failure  of  this  procedure  to  work  and  its  climax 
in  a  fight  that  resembles  warfare  in  miniature.  Mixed  in  with  the 
feuding  which  is  kept  alive  by  Noah  Beery,  and  the  intrigue  cham- 
pioned by  Jack  La  Rue  in  his  best  villain's  manner,  is  an  interesting 
and  dramatic  love  ai¥air  between  Randolph  Scott  and  Esther  Ralston 
that  is  a  part  of,  rather  than  incidental  to  the  main  story.  Buster 
Crabbe   is   also   in  the   cast. 


Surprise  to  Feld 

Reports  indicating  he  had,  or 
planned  to,  resign  from  Monarch 
Theatres  were  described  by  Milton 
H.  Feld  as  a  surprise  to  him  yester- 
day. "I  haven't  been  in  town  long 
enough  to  consider  any  such  plan," 
he  said. 


Three-Way  Passage 

Hollywood,  Oct.  26. — Samuel  Gold- 
vi'yn  has  given  Willard  Mack  a  three- 
year  ticket  calling  for  him  to  super- 
vise, direct  and  write.  Mack  is  now 
preparing  the  script  for  "Barbary 
Coast,"  which  will  be  Anna  Sten's 
second  picture. 


Heavy  Competition 
Ahead  in  St,  Louis 


St.  Louis,  Oct.  26. — Local  film 
houses  along  Grand  Boulevard  and  in 
the  downtown  district  are  in  for  a 
lot  of  competition  during  the  next 
few  weeks.  Aside  from  the  night 
clubs  and  a  burlesque  house  and  a 
stock  dramatic  troupe  that  recently 
got  under  way  the  film  houses  have 
virtually  had  the  field  to  themselves 
since  the  summer  amusement  places 
folded  up.  But  now  the  amusement 
map  of  the  city  is  about  to  have  a 
decided  change. 

The  American  will  open  its  season 
with  Cornelia  Otis  Skinner  in  a 
series  of  dramatic  sketches  on  Nov. 
6.  The  Shubert  Rialto  is  to  reopen 
with  dramatic  stock  in  a  few  weeks, 
While  the  Little  Theatre  has  per- 
fected plans  for  putting  on  three 
dramas  before  Christmas  with  six  or 
more  to  follow  early  in  1934. 

Uday  Shan-Kerwill  brings  his 
company  of  singers  and  dancers  from 
India  into  the  Odeon  on  Nov.  14  to 
open  the  10th  season  of  the  Civic 
Music  League. 

At  the  Sheldon  Memorial  Hall  on 
Oct.  26  the  Felix  Slatkin  recital  takes 
place.  The  following  night  the  Prin- 
ciple concert  and  lecture  season  opens 
with  a  recital  by  Jascha  Heifetz.  The 
Russian  Symphonic  Choir  presents  a 
program  of  Russian  folk  songs  at 
the  Y.  W.  H.  A.  Oct.  29.  The  Con- 
cordia Seminary  Lyceum  starts  the 
season  Oct.  27. 


Evans  Heads  Variety 
Club  in  St.  Louis 

St.  Louis,  Oct.  26.— Harold  W. 
Evans,  manager  of  Loew's  State,  is 
president  of  the  recently-formed  Va- 
riety Club  of  St.  Louis.  It  is  pat- 
terned after  similar  organizations  in 
Pittsburgh  and  Columbus  and  its  pur- 
poses are  purely  social. 

Other  officers  are:  George  D.  Ty- 
son of  Central  Theatres  Co.,  vice- 
president  ;  John  Baker,  manager  of  the 
Missouri,  secretary,  and  Alvin  A. 
Wolff,  an  attorney,  treasurer. 


Cincy  Variety  Club 
Given  Ohio  Charter 

Cincinnati,  Oct.  26. — Articles  of 
incorporation  have  been  filed  at  Col- 
umbus for  the  newly-organized  Vari- 
ety Club  of  Cincinnati.  Club  rooms 
will  be  established  at  one  of  the 
downtown  hotels  within  a  week,  im- 
mediately following  which  election 
of  permanent  officers  will  be  held. 

This  is  the  fourth  club  to  be  formed, 
and  a  movement  is  said  to  be  under 
way  to  make  the  organization  national 
in  scope.  The  other  clubs  are  located 
at  Pittsburgh,  St.  Louis  and  Colum- 
bus. 


Walter  Gould  Returns 

Walter  Gould,  general  manager  for 
United  Artists  in  Mexico,  Panama 
and  Porto  Rico,  who  has  been  at  the 
home  office  during  the  past  few  days, 
left  for   Mexico  City  yesterday. 


H.  J.  Scherrer  Buried 

St.  Louis,  Oct.  26. — Funeral  ser- 
vices for  Henry  J.  Scherrer,  veteran 
exhibitor,  were  held  at  his  home,  7 
Crestwood  Drive,  Clayton.  With  his 
brother  he  owned  some  of  the  first  film 
theatres   in  this   city. 


Friday.  October  27,   1933 


MOTION  PICTURE 

DAILY 


"Bowery"  Up 
To  $26,500, 
Big  in  Loop 


Chicago,  Oct.  26. — Straight  picture 
houses  scored  the  heavy  takes  of  last 
week.  "The  Bowery"  at  the  United 
Artists  rocketed  the  gross  at  that 
house  to  the  fine  figure  of  $26,500— 
one  of  the  high  marks  for  this  house 
for  the  year.  Across  the  street  at  the 
Oriental  "I'm  No  Angel"  came 
through  for  $40,000  in  its  second 
week.  This  is  exceptional  second-week 
business. 

B.  &  K.'s  Chicago,  with  "Broadway 
to  Hollywood"  on  the  screen,  and 
Fred  Waring  on  the  stage  was  down 
some  $8,000  under  last  week  to  $52,- 
000.^  RKO's  Palace  with  "My  Wo- 
man" on  the  screen  and  Guy  Lom- 
bardo  on  the  stage  was  strong  at 
$25,500. 

Total  first  run  business  was  $166,- 
000.    Average  is  $120,000. 

Estimated  takings : 

Week  Ending  Oct.  17: 
"I'M    NO    ANGEL"    (Para.) 

ORIENTAL^(3,940),  30c-40c-60c,  2nd 
week,  7  days.  Gross:  $40,000.  (Average,  $23,- 
000.) 

"THE    BOWERY"    (U.   A.) 

UNITED  ARTISTS— (1,700),  30c-40c-60c. 
7    days.    Gross:    $26,500.    (Average,   $17,000.) 

Week  Ending  Oct.  19: 
"BROADWAY    TO    HOLLYWOOD" 

(M-G-M) 

CHICAGO— (4,000),  35c-S0c-68c,  7  days. 
Stage:  Fred  Waring  and  Pennsylvanians, 
Tom  Waring,  Rosemary  &  Priscilla  Lane. 
Gross:  $52,000.  (Average,  $34,600.) 
"MY  WOMAN"  (Col.) 
PALACE— (2,509),  35c-50c-75c,  7  days. 
Stage:  Guy  Lorabardo,  Richey  Craig,  Jr., 
Walter  Wahl.  Gross:  $25,500.  (Average, 
$22  000  ) 

Week  Ending  Oct.  20: 
"TOO   MUCH    HARMONY"    (Para.) 
McVICKERS— (2,284),       30c-40c-60c,       2nd 
week,  7  days.  Gross:  $12,500.  (Average,  $13,- 
000.) 

"CHARLIE  CHAN'S  GREATEST  CASE" 
(Fox.) 
ROOSEVELT— (1,591),  25c-35c-50c,  7  days. 
Gross:   $9,500.   (verage,  $11,000.) 


'AngeU  "  ''Bowery''  in  K.  C. 
Biggest  Take  Since  January 


Kansas  City,  Oct.  26.— The  big- 
gest aggregate  gross  since  last  Janu- 
ary—$45,550  against  an  average  $26,- 
000 — was  rolled  up  by  local  first  runs 
in  a  week  that  saw  larger  crowds 
downtown  than  in  many  moons.  The 
reasons  were  "I'm  No  Angel"  and 
"The  Bowery."  The  first  proved  a 
box-office  angel  at  the  Newman,  where 
the  Mae  West  opus  broke  all  at- 
tendance records  and  pulled  $17,500, 
almost  triple  the  normal  take.  This 
is  tremendous  business  for  the  New- 
man. The  picture  was  held  a  second 
stanza  and  may  go  a  third. 

Loew's  Midland,  with  its  4,000-seat 
capacity,  took  top  money  with  "The 
Bowery,"  which  skyrocketed  to  $20,- 
000,  double  average.  Also  on  the  bill 
was  ^_  Walt  Disney's  "Three  Little 
Pigs"  in  a  return  engagement,  and 
the  combination  proved  a  great  fam- 
ily attraction. 

Against  competition  from  the  two 
successes,  other  showshops  could 
hardly     expect     to     do    much.     "The 


Power  and  the  Glory"  was  a  weak 
draw,  the  new-fangled  "narratage" 
reported  missing  fire  with  the  Up- 
town's patrons.  This  and  "The  Mayor 
of  Hell,"  first  Warner  picture  to  play 
the  Mainstreet  this  year,  both  slumped 
below  the  line. 

Total  first  run  business  was  $45,550. 
Average  is  $26,000. 

Estimated  takings : 

Week  Ending  Oct.  18: 

"I'M    NO    ANGEL"    (Para.) 

NEWMAN— (2,000),  25c-40c,  7  days,  plus 
Saturday  midnight  show.  Gross:  $17,500. 
(Average,   $6,000.) 

Week  Ending  Oct.  19: 

"THE    MAYOR   OF   HELL"    (Warners) 

MAINSTREET— (3,049),  25c-40c,  7  days. 
Gross:    $5,800.    (Average,    $7,000.) 

Week  Ending  Oct.  20: 
"THE  BOWERY"   (U.  A.) 

MIDLAND— (4,000),  25c,  7  days  plus  Sat- 
urday midnight  show.  ("Three  Little  Pigs," 
Silly  Symphony,  added  attraction.)  Gross: 
$20,000.    (Average,   $10,000.) 

"THE    POWER    AND    THE   GLORY" 
(Fox) 

UPTOWN— (2,000),  25c-40c,  7  days.  Gross: 
$2,250.    (Average,   $3,000.) 


New  Union  Blocked 
In  Pittsburgh  Move 

Pittsburgh,  Oct.  26.— EiTorts  of 
the  Independent  M.  P.  Operators' 
Union,  Inc.,  to  organize  here  met  with 
a  setback  when  informations  were 
sworn  by  local  officials  of  the  I.  A.  T. 
S.  E.  against  three  of  the  new  organ- 
ization's officers.  They  are  William 
C.  Littel,  operator  at  the  Idle  Hour 
and  president ;  Martin  T.  Joyce,  treas- 
urerand  operator  at  the  Novelty,  and 
Daniel  Gross,  secretary  and  operator 
at  the  Roosevelt. 

Officials  of  the  new  organization 
were  charged  with  violating  a  state 
statute  forbidding  out-of-state  corpora- 
tion from  doing  business  in  Pennsyl- 
vania without  first  obtaining  a  per- 
mit. 


Baer  Contract  Looms 

Hollywood,  Oct.  26.— Max  Cant- 
well,  Max  Baer's  trainer,  has  opened 
a  boxing  school  on  the  M-G-M  lot, 
which  further  indicates  Baer  will  soon 
sign  that  term  contract. 


Radio  Opens  in  Mexico 

Mexico  City,  D.  P.,  Oct.  26.— 
RKO  Radio  Pictures  has  opened  its 
own  exchange  here  at  31  de  Jose 
Azueta,  with  Luis  Lezama  in  charge. 


Warners  Trying  New 
Type  Ticket  Chopper 

If  tests  of  a  new  type  ticket  chopper 
now  under  way  in  Warner  Broadway 
theatres  prove  the  development  to  be 
proof  against  the  latest  form  of 
"palming,"  the  machine  may  be  in- 
stalled throughout  the  Warner  cir- 
cuit. 

Developed  by  Ralph  W.  Budd, 
Warner  personnel  manager,  the  ticket 
machine  will  be  placed  in  production 
and  marketed  by  Continental  Theatre 
Accessories,   Warner  subsidiary. 

Interior  compartments  of  the  ma- 
chine receive  ticket  stubs  for  any 
period  of  time  secretly  selected  by 
the  house  manager.  When  the  stub 
receptacle  changes,  the  bix-office  is 
advised  by  signal  and  the  cashier  notes 
the  last  ticket  number.  The  serial 
number  and  time  on  the  box  office 
record  are  checked  later  against  the 
stubs  in  the  receptacle  used  during  the 
corresponding  time. 

Mae  Annoys  Alderman 

St.  Louis,  Oct.  26.— Mae  West's 
popularity  has  packed  the  Ambassador 
so  steadily  that  Alderman  Slade  has 
introduced  an  ordinance  prohibiting 
the  sale  of  standing  room.  It  is  re- 
garded as  just  possible  that  the  meas- 
ure might  slip  through. 


Goldwyn  Offices  Moved 

Headquarters  of  Samuel  Goldwyn 
have  been  moved  from  the  12th  to  the 
eighth  floor  at  729  7th  Ave.  This  now 
gives  the  U.  A.  publicity,  advertising 
and  exploitation  department  the  whole 
of  the  12th  floor. 


Tfie  Glazers  Returning 

London,  Oct.  26. — Benjamin  Glazer 
and  his  wife,  Sharon  Lynn,  will  board 
the  Berengaria  on  Nov.  4  for  New 
York. 


Moore  Picture  Set 

Colleen  Moore  is  set  to  appear  in 
"Social  Registrar"  under  direction  of 
Marshall  Neilan.  Production  at  the 
Eastern    Service    Studio. 


Fox,  St,  Louis,  Heads 
For  New  Control 

St.  Louis,  Oct.  26.— With  the  St. 
Louis  now  under  the  Fanchon  & 
Marco  standard,  Film  Row  is  specu- 
lating what  management  will  eventu- 
ally  land  the   Fox. 

The  receivers  are  said  to  have  de- 
cided against  puttirtg  in  additional 
money,  even  if  they  had  it,  and  so  it 
is  almost  certain  that  a  deal  will  be 
swung  for  some  one  to  take  over  the 
house.  Skouras  Brothers  seem  to 
have  the  odds  thrown  their  way. 

"Anger  Piling  Up 
New  Denver  Records 

Denver,  Oct.  26. — "I'm  No  Angel" 
is  having  more  consistent  holdouts  and 
turnaways  than  any  film  that  has  ever 
played  here.  Ropes  have  been  up  a 
number  of  days  from  noon  until  11 
o'clock  at  night. 

The  first  week's  gross,  $16,000,  was 
a  record.  It  was  held  over.  The  de- 
mand for  seats  forced  two  midnight 
shows  and  the  house  has  been  opened 
two  hours  earlier  daily. 


a 


Bowery''  Is 
$21,000  Hit, 
Los  Angeles 


Hollywood,  Oct.  26. — "The  Bow- 
ery" sent  the  United  Artists  skyrock- 
eting to  $21,000  last  week.  With  the 
40-cent  top  prevailing  in  this  house, 
the  business  is  regarded  as  remarka- 
ble. 

"I'm  No  Angel"  reached  $30,800  at 
Grauman's  Chinese  in  its  first  week. 
Business  elsewhere  was  nothing  to  get 
excited  about.  "Charlie  Chan's  Great- 
est Case"  reached  $4,800  at  the  Or- 
pheum,  but  elsewhere  the  takes  were 
at  or  below  normal. 

Total  first  run  business  was  $122,- 
200    Average  is  $90,750. 

Estimated  takings  for  the  week  end- 
ing Oct.  18: 

"I'M    NO    ANGEL"    (Para.) 

CHINESE— (2,500),  50c-$1.65,  7  days.  Sid 
Grauman  show;  prologue.  Gross:  $30  800. 
(Average,    $14,000.) 

"MY   WEAKNESS"   (Fox) 

LOEW'S  STATE— (2,415),  25c-40c,  7  days. 
Stage  show,  Ed  Lowry  and  his  band.  Gross: 
$13,900.    (Average,    $14,000.) 

"TILLIE    AND    GUS"     (Para.) 

PARAMOUNT— (3,598),  25c-40c,  7  days. 
Stage:  Rubmoff.  Gross:  $15,500.  (Average, 
$18,000.) 

"LADY   FOR   A   DAY"   (CoL) 

RKO— (2.700),   25c-40c,    3rd   week,   7   days. 
Gross:    $5,200.    (Average,   $8,000.) 
"WILD    BOYS   OF   THE   ROAD"    (F.   N.) 

WARNER  BROS.  (Hollywood)— (5  000), 
25c-55c,  7  days.  Teddy  Joyce  and  his  or- 
chestra, stage  show.  Gross:  $11,000.  (Aver- 
age,   $14,000.) 

"WILD  BOYS  OF  THE  ROAD"  (F.  N.) 

WARNER  BROS.  (Downtown)-(3,400), 
2Sc-55c,  7  days.  Billy  Snyder  and  his  band, 
stage  show.  Gross:  $12,000.  (Average,  $12,- 
000.) 

"RED    HEAD"    (H.    Bregstein) 

FILMARTE— (890),  40c-50c,  5th  week,  7 
days.    Gross:    $2,250. 

"THE   MASQUERADER"   (U.  A.) 
CRITERION-(1,610),    2Sc-55c,    8th    week, 
7  days.      Gross:  $1,950.     (Average,  $2,800.) 
"THIS    THING    CALLED    LOVE" 
(RKO   Pathe) 
"JACK-O-LANTERN"     (State    RighU) 
LOS  ANGELES— (3,000),   15c-25c,  7   days. 
Gross:    $3,800.    (Average,    $3,700.) 
"CHARLIE  CHAN'S   GREATEST   CASE" 
(Fox) 
ORPHEUM-(2,200),  2Sc-35c,  7  days.   Ten 
acts     vaudeville.     Gross:     $4,800.     (Average 
$4,250.)  ^ 

"THE  BOWERY"   (U.  A.) 

UNITED  ARTISTS-(2,100),  25c-40c,  7 
days.  Sid  Grauman  prologue.  Gross:  $21.- 
000.       . 


Atlanta  Sunday  Is 
Opened  by  Council 

Atlanta,  Oct.  26. — By  a  vote  of 
20  to  15,  the  City  Council  has  re- 
pealed the  ordinance  forbidding  Sun- 
day amusements — theatre  operation, 
baseball,  football,  etc.  This  followed 
a  citywide  2-1  vote  for  an  open  town. 

However,  a  state  law  will  have  to 
be  repealed  before  the  change  will  be 
effective  locally.  Theatre  managers 
have  made  no  effort  to  take  advantage 
of  the  liberalization  as  yet,  a  differ- 
ence of  opinion  existing  as  to  whether 
Sunday   operation   will   be   profitable. 


Plan  An  AlasTcan  Film 

Hollywood,  Oct.  26.— John  Barry- 
more  and  Ernest  Schoedsack  are 
forming  a  company  to  make  an  adven- 
ture picture  around  Kodiak  bears  in 
Alaska.  They  will  finance  independ- 
ently with  Radio  having  the  first  op- 
tion for  release. 


University  Putting 
Out  Film  Programs 

Madison,  Oct.  26.— The  town  with- 
out a  motion  picture,  the  theatre  with- 
out adequate  programs,  and  the  school 
or  club  desiring  to  show  films  for 
community  recreation  are  now  being 
served  with  standard  two-hour  pro- 
grams of  films  by  the  University  of 
Wisconsin    extension    division. 

The  extension  bureau  of  visual  in- 
struction has  announced  it  is  furnish- 
ing film  programs  singly  or  in  courses 
of  six  weekly  showings,  each  includ- 
ing a  five-reel  feature,  a  two-reel  com- 
edy and  a  one-reel  travelogue  or  edu- 
cational film. 


FWC  Boofcs  *'Redfiead" 

Los  Angeles,  Oct.  26.— Fox  West 
Coast  has  booked  "Redhead,"  French 
talker,  following  its  run  at  the  Film- 
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The  Leading 

Daily 

Newspaper 

Of  the' 

Motion 

Picture 

industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  industry 
in  All 
Branches 


VOL.  34.    NO.  101 


NEW  YORK,  SATURDAY,  OCTOBER  28,  1933 


TEN  CENTS 


Zukor  Tells 
Of  Friction 
In  Paramount 


Kent,    Katz     Disagreed; 
Hertz  Sought  Power 


Code  Signing  Is  Again 
Delayed;  Fines  May  Go 


Adolph  Zukor  took  the  stand  yes- 
terday at  an  adjourned  meeting  of 
Paramount 
Publix  credi- 
tors in  the  of- 
fices of  Henry 
K.  Davis,  ref- 
eree in  bank- 
ruptcy, and  re- 
cited in  the 
course  of  four 
hours  of  testi- 
mony what  he 
described  as  the 
"highUghts"  of 
a  series  of 
events  involv- 
ing the  success- 
ive resignations 
from  high  Par- 
mount  posts  of  Jesse  L.  Lasky,  Sid- 
ney R.  Kent,  Sam  Katz,  B.  P.  Schul- 
berg  and  John  Hertz. 

Showing  traces  of  the  physical  ef- 
fects of  his  recent  illness  that  kept 
him  in  a  Hollywood  hospital  for  sev- 
eral weeks,  Zukor,  nevertheless,  was 
at  ease  on  the  stand  throughout  the 
long  session,  meeting  the  questions 
concerning  Paramount  affairs  put  to 
him  by  Samuel  S.  Isseks,  counsel  for 
the  Paramount  trustees,  and  Saul  E. 
Rogers,  counsel  for  a  Paramount 
bondholders'  committee,  at  whose  re- 
quest Zukor  was  placed  on  the  stand 
yesterday,  with  a  disarming  frankness 

(Continued  on  fiape  3) 


Adolph    Zukor 


John  Hertz  Joins 
Lehman  Bros.  Mon. 

John  Hertz,  former  chairman  of  the 
Paramount  finance  committee,  begins 
an  association  Monday  with  Lehman 
Bros.,  downtown  bankers,  formerly  as- 
sociated with  RKO  financing,  it  was 
revealed  yesterday. 

Hertz  has  already  established  per- 
manent offices  at  the  bank  and  arrives 
from    Chicago,    his    home    city,    this 

(Continued  on  page  4) 


All  Majors^  Except  U.  A.^ 
Said  to  Have  Signed  Code 


All  the  major  companies  with  the 
reported  exception  of  United  Artists 
have  signed  the  industry's  tentative 
code  and  the  signatures,  held  in  es- 
crow pending  formal  approval  by  the 
President,  were  deposited  with  Deputy 
Administrator  Sol  A.  Rosenblatt  by 
Will   Hays  in  Washington  Thursday. 

In  view  of  Joseph  M.  Schenck's 
objection  to  Article  5 — the  clause 
dealing    with    open    negotiations    for 

(Continued  on   page  2) 


Thompson  Put 
In  Charge  of 
RKO  Theatres 

Major  L.  N.  Thompson,  in  charge 
of  Trans-Lux  theatres  for  some  time 
past,  yesterday  was  put  in  control  of 
the  RKO  theatre  operations  as  as- 
sistant to  J.  R.  McDonough,  who 
took  over  the  RKO  theatre  presiden- 
cies following  the  resignation  of 
Harold  B.  Franklin.  Nate  J.  Blum- 
berg,  who  successfully  operated  RKO 
theatres  in  the  middle  west,  now  be- 
comes general  manager  in  charge  of 
theatre  operations. 

Phil  Reisman,  who  was  aide  to 
Franklin  and  had  charge  of  film  buy- 
ing and  vaudeville  booking,  has  re- 
signed from  theatre  operations,  and 
(Continued  on  page  4) 


Under  His  Skin? 

Washington,  Oct.  27.— Com- 
plexities which  those  engaged 
in  the  industry  have  known 
existed  for  some  years  were 
recognized  by  General  Hugh 
S.  Johnson  today  when  he  de- 
scribed the  film  code  as  the 
"most  complex"  he  has  had 
presented  to  him  so  far. 

Added  to  the  distinctions 
of  the  film  code  as  well  is  the 
fact,  made  apparent  today, 
that  the  draft  is  the  first  and 
only  code  which  is  regarded 
by  the  NRA  as  covering  all 
trade  practices.  Impression 
that  the  oil  code  did  this  now 
has  been  dissipated. 


Blames  Subsequents 
For  K.  C,  Price  Cut 

Reduction  of  admission  prices  at  the 
Midland,  Loew  house  in  Kansas  City, 
developed  as  a  result  of  the  practices 
indulged  by  the  subsequent  runs  in  that 
city,  stated  E.  A.  Schiller  yesterday. 
"We  have  no  desire  to  force  them 
out  of  business,  but  we  reserve  the 
right  to  continue  ourselves,"  he  said. 

Settlement    of    the    situation    which 

has  had  Kansas  City  independents  in 

a  stew  is  on  the  way,  as  reported  in 

Motion     Picture    Daily    yesterday, 

(Continued    on    page   2) 


Document  Placed  Before 

Gen.  H.  S.  Johnson 

For  His  Study 


Grainger  Back  with 
Optimistic  Reports 

James    R.    Grainger,    general    sales 
manager   of   Universal,    yesterday   re- 
turned  to   New   York  from  a  cross- 
(Continued   on    page   2) 


MOTION  PICTURE  DAILY5 
HOLLYWOOD  PREVIEW 


"The  Invisible  Man'' 

{Universal) 

Hollywood,  Oct.  27. — "The  Invi.sib!e  Man"  is  a  showman's  show.  It 
is  out-of-the-ordinary  entertainment  and  should  be  an  outstanding 
money-maker  for  Universal  and  exhibitors. 

In  all  departments — mystery,  melodrama,  freshness  of  idea,  eerie 
thrills,  suspense,  fantastic  mental  quirks,  laughs  and  sheer  physical 
action — "The    Invisible    Man"    is   probably    a    better   production   than 

(Continued  on   page   4) 


Washington,  Oct.  27. — Objections, 
undefined,  to  the  code  in  its  present 
form  today  kept  the  document  out  of 
the  White  House.  It  is  expected  that 
the  Presidential  signature,  set  for 
earlier  in  the  week,  will  not  be  af- 
fixed now  until  Wednesday, 

There  is  no  certainty  about  this, 
however.  Today,  15  minutes  after 
General  Hugh  S.  Johnson  stated  he 
had  not  seen  the  code,  it  was  dropped 
on  his  desk  in  the  Department  of 
Commerce  Building.  Shortly  after 
that,  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  who  did  the  dropping, 
prepared  to  leave  for  Atlanta  where 
he  is  scheduled  to  make  an  address 
before  the  convention  of  the  South- 
eastern Theatre  Owners'  Ass'n  on 
Monday. 

The  possibility  loomed  tonight  that 
the  penalty  clause  imposing  cash  fines 
up  to  $10,000  on  employers  who  are 
regarded  as  fostering  and  fomenting 
unreasonable  salaries  will  not  appear 
in  the  code  as  approved  by  the  Presi- 
dent. It  was  stated  at  the  White 
House  this  afternoon  that  the  Presi- 
dent has  not  seen  this  clause,  although, 
of  course,  he  is  thoroughly  conversant 

(Continued  on  page  2) 


Kane  to  Produce  for 
Fox  on  2  Continents 

Robert  T.  Kane  will  produce  pic- 
tures on  two  continents  for  Fox  and 
will  henceforth  divide  his  time  be- 
tween Hollywood  and   Paris. 

He  leaves  for  the  coast  with 
George  White  in  two  weeks  to  start 
the  first  "George  White  Scandals." 
Following  this  he  will  place  before 
the  cameras  the  first  Erik  Charell 
picture,  a  musical  extravaganza  by  the 
director  of  "Congress  Dances." 

Currently  two  pictures  are  being 
produced  in  France  under  supervision 
(Continued   on    page   2) 


Stiff  Censorship 

Sought  in  Kansas 

ToPEKA,  Kan.,  Oct.  27. — Rigid  film 
censorship  would  be  instituted  by  the 
State  censor  board  under  a  proposal 
submitted  to  the  Kansas  legislative 
council  by  Representative  C.  H. 
Palmer.  Under  the  measure  the  cen- 
sors would  classify  films  into  five 
(Continued  on   page  2) 


MOTION  PICTURE 

DAILY 


Saturday,  October  28,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol.   34 


October  28.   1933 


No.   101 


Martin  Quicley 

Editor-in-Chief   and   Publijher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•^w\  PUBLISHED  daUy.  exceot  Sunday 
1  jl  J  and  holidays,  by  Motion  Picture 
V*IX  Daily,   Inc.,  a  Quigley   Publication. 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  ytctor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager.  ,,     ,, 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London.  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter January  4,  1926.  at  the 
Post  Office  at  Ne-w  York  City, 
N.  Y..  under  Act  of  March  3, 
1879. 

Subscription  rates  per  year: 
$6  in  the  Americas,  except 
Canada:  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


Wl  so  OU«  MAT 


Kane  to  Produce  for 
Fox  on  2  Continents 

(Continued  from  page  1) 

of  Erich  Pommer  as  part  of  Kane's 
activities.  These  are  the  French  ver- 
sions of  "LiHom,"  directed  by  Fritz 
Lang,  with  Charles  Boyer,  French 
star,  in  the  leading  role ;  and  an  un- 
titled picture  in  French  starring 
Henri  Garat  and  Lily  Damita. 

Following  these  two  French  pro- 
ductions Kane  is  preparing  to  make 
a  multi-lingual  version  of  "Music  in 
the  Air"  abroad,  to  star  Lilian  Har- 
vey and  an  American  cast. 

Kane,  for  years,  was  identified 
with  Paramount  and  has  also  pro- 
duced his  own  pictures.  Before  joining 
Fox  he  was  in  charge  of  Paramount 
production    in    Paris. 


Blames  Subsequents 
For  K.  C.  Price  Cut 

(Continued  from  page  1) 

•with  decision  on  Loew's  part  to  in- 
crease Midland  admissions  from  25  to 
35  cents,  effective  Nov.  10.  Schiller 
stated  he  has  agreed  to  do  this  pro- 
vided the  subsequent  runs  drop  "cer- 
tain of  their  practices." 

It  is  believed  he  refers  to  dual  fea- 
tures, shown  in  some  theatres  as  low 
as  15  cents;  two-for-ones  and  give- 
aways. 


Grainger  Back  With 
Optimistic  Reports 

(Continued  from  page  1) 

country  trip,  bringing  with  him  a 
story  of  optimism. 

"Conditions  are  improving  and, 
while  not  perhaps  as  much  as  may 
have  been  expected,  they  are  defi- 
nitely on  the  plus  side.  This  is  par- 
ticularly true  of  the  Pacific  Coast," 
he  said. 

He  visited  eight  key  cities  as  far 
west  as   San  Francisco. 


Code  Signing 
Again  Held  up; 
Fines  May  Go 


(Continued  from  page  1) 

with  the  situation  through  his  dis- 
cussions some  weeks  ago  with  Rosen- 
blatt and  his  contacts  with  outsiders. 

The  reasons  why  Roosevelt  himself 
probably  will  remove  the  penalty 
clause  are  viewed  as  threefold: 

In  the  first  instance,  inclusion  of  it 
in  the  code  might  be  considered  class 
legislation  and  place  the  Administra- 
tion in  the  position  of  centering  an 
attack  on  high  salaries  on  the  film  in- 
dustry alone. 

Secondly,  and  while  it  is  not  be- 
lieved any  individual  or  group  in  the 
industry  might  launch  a  contesting 
legal  action,  the  Administration  is  de- 
clared anxious  not  to  entertain  even 
the  possibility  of  such  a  step  in  a 
Question  so  delicate  as  salary  control. 
There  is  a  serious  doubt,  also,  if  a 
question  such  as  this  has  proper  place 
in  any  code  under  the  NRA. 

Thirdly,  the  President  is  known  to 
have  in  mind  legislation  curbing  high 
salaries  in  all  industries.  This  is 
scheduled  to  take  place  when  Congress 
convenes  in  January.  While  elimina- 
tion of  the  much-discussed  penalty 
provision  in  the  film  code,  therefore, 
seems  inevitable  by  direct  action  of 
the  President,  it  is  also  considered 
extremely  likely  that  he  will  call  upon 
the  Federal  Trade  Commission  to  ex- 
tend its  present  investigation  which 
covers  salaries  of  executives  and  cor- 
poration directors  right  down  the  line. 

Desnite  this,  the  legal  division  of 
the  NRA  is  understood  to  have  ap- 
proved the  code  in  its  entirety,  includ- 
ing the  penalty  clause. 

Few   Changes   Coming 

Few,  if  any  changes,  are  in  sight 
for  the  code.  The  third  NRA  revi- 
sion is  confidently  expected  to  be  the 
document  which  will  be  enacted  into 
law.  Strengthening  this  belief  is  the 
fact  that  the  legal  division  has  given 
general  approval  of  the  code  as  it  now 
stands  and  is  reported  to  have  com- 
mended Rosenblatt  highly  for  the 
manner  in  which  he  has  handled  the 
code-formulating  conferences. 

Johnson  admitted  today  he  had  seen 
the  code  five  or  six  times.  Coupled 
with  that  statement  was  one  in  which 
he  said  he  was  not  satisfied  with  it. 
Asked  at  a  press  interview  if  he  had 
received  protests  from  exhibitors  in 
Chicago  and  pressed  as  to  what  he 
proposed  doing  about  them,  he  replied 
the  complaints  had  been  lodged  but 
that  he  had  been  unable  to  do  anvthing 
about  them  because  of  Rosenblatt's 
illness.     The  deputy  has  a  cold. 

The  administrator  was  asked  later 
what  was  holding  up  the  code  in  view 
of  the  fact  the  public  hearings  on  it 
terminated  over  a  month  ago  In  re- 
nlv.  Johnson  said  that  it  was  in  a  very 
"fluid"  state :  that  he  didn't  know  what 
was  holdinsr  it  un  except  to  modifv  his 
answer  bv  declaring  various  delega- 
tions had  been  in  to  see  him  bringing 
new  ideas  with  each  visit. 

Admitting  the  code  did  not  satisfy 
him  and  pointing  out  he  had  sent 
it  back  for  revision,  the  administra- 
tor declined  to  specify  objectionable 
clauses  and  remarked  he  "would 
rather  not  discuss  them." 


Code  Reported 
Signed  by  All, 

U.  A.  Excepted 


(Continued  from  page  1) 

Stars — United  Artists  is  reported  to 
have  held  out.  Efforts  to  reach  Al 
Lichtman  for  a  statement  yesterday 
proved  unavailing. 


Washington,  Oct.  27.  —  "Hun- 
dreds" of  signatures  to  the  code,  which 
remains  in  its  third  revised  form, 
aside  from  minor  changes  effected 
for  purposes  of  clarification,  are  un- 
derstood to  be  on  file  in  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt's 
office. 

Signatories  include  the  M.P.T.O.A., 
claiming  4,000  members;  the  M.P. 
T.O.  of  Eastern  Missouri  and  South- 
ern Illinois,  with  200  members ;  Inde- 
pendent Theatre  Owners  of  Southern 
California,  with  250  to  300  members, 
and  the  M.P.T.O.  of  Arkansas,  Mis- 
sissippi and  Tennessee,  175. 

These  exhibitor  units  are  all  affili- 
ated with  the  national  M.P. T.O. A. 


Hollywood,  Oct.  27. — Joseph  M. 
Schenck  today  said :  "I  have  not  as 
yet  read  the  code  since  I  have  not 
seen  a  copy  of  it.  Naturally  I  cannot 
sign  the  code  until  I  see  it  and  read 
it." 


Allied  Hits  Deputy 
In  Code  Statement 

Washington,  Oct.  27. — Determina- 
tion of  independent  exhibitors  to  probe 
to  the  bottom  what  they  allege  to  be 
the  failure  of  Deputy  NRA  Adminis- 
trator Sol  A.  Rosenblatt  to  give  them 
a  code  more  favorable  to  them  was 
voiced  today  in  a  statement  issued 
from  Allied  States  headquarters  in 
which  it  was  charged  that  the  deputy 
was  "attempting  to  make  a  personal 
matter  of  the  proposed  code"  and  had 
not  given  the  proper  attention  to  mat- 
ters concerning  exhibitors. 

Rosenblatt's  threat  to  investigate  re- 
cent telegraphic  protests  to  the  code 
would  be  met  by  investigation  of  his 
own  activities,  the  statement  asserted. 
The  deputy  is  charged  with  having 
criticized  the  independents'  announce- 
ment they  would  employ  outside 
counsel  not  heretofore  connected  with 
the  industry,  while  allegedly  failing 
to  protest  against  employment  by  ma- 
jors of  counsel  long  connected  with 
film  activities.  He  is  also  criticized 
for  having  allegedly  permitted  a  repre- 
sentative of  the  Hays  office  to  be  in 
his  office  and  attend  conferences  with 
the  press. 


Fedeyation  to  Meet 

Members  of  the  Federation  of  the 
M.  P.  Industry  will  hold  a  special 
session  at  the  Park  Central  next 
Tuesday  evening.  Discussions  of  the 
industry  code  will  be  the  topic  for  the 
evening. 


MacVeigh  Joins  Agency 

Hollywood.  Oct.  27. — Blake  Mac- 
Veigh of  the  Paramount  publicity  de- 
partment resigns  Saturday  to  go  to 
New  York,  where  he  will  join  a 
prominent  advertising  agency. 


i  Purely 
Personal  ► 


SOL  LESSER  expects  to  return 
from  his  European  trip  within  the 
next  few  vreeks,  planning  to  be  on 
the  coast  by  Christmas. 

Joe  Henabery  will  direct  a  "Pep- 
perpot"  novelty  featuring  Edgar 
Berqen,  ventriloquist,  for  Vita- 
phone,    starting   next   Thursday. 

Charles  L.  O'Reilly,  president  of 
the  T.O.C.C,  has  returned  to  his 
desk,  but  has  not  fully  recovered  from 
a   severe  cold. 

Eddie  Grainger,  Felix  Jenkins 
and  Clarbnce  Hill  did  their  lunch- 
ing at  the  57th  Street  Schrafft's  yes- 
terday. 

Gwen  Heller  of  Warners'  adver- 
tising and  publicity  department  leaves 
for  the  coast  for  four  weeks. 

Lou  Lusty  has  returned  to  Colum- 
bia coast  studios  where  he  is  in  charge 
of  the  trailer  department. 

Jules  Ruben  of  Great  States  The- 
atres in  Chicago  is  in  town  on  prod- 
uct buys. 

Norma  Terris  and  her  husband 
visited  the  Vitaphone  Studio  yester- 
day. 

Howard  Waugh,  Warner  Mem- 
pliis  manager,  is  in  town  for  a  week. 

Bob  Kane  is  confined  to  his  hotel 
with  a  heavy  cold. 


Stiff  Censorship 

Sought  in  Kansas 

(Continued  from  page  1) 

groups,  designated  as  A,  B,  C,  D  and 
E,  according  to  their  morality. 

Children  under  eight  would  be  ex- 
cluded from  pictures  in  categories  D 
and  E.  Class  D  would  include  films 
having  to  do  with  horror,  "obnox- 
ious" tragedy,  saloons,  speakeasies 
and  racketeering,  while  E  films  would 
include  those  with  bedroom  scenes, 
suggestive  remarks  and  situations, 
questionable  jokes  and  indecent  ex- 
posure. The  measure  provided  for 
fines  and  jail  sentences  for  violations. 

The  council  did  not  indicate  whether 
it  would  draft  these  proposals  into  a 
bill  to  be  introduced  at  a  special  ses- 
sion of  the  Kansas  legislature  on  Oct. 
30.  It  is  understood  the  council's  ac- 
tion will  be  governed  by  Governor 
Landon's  wishes.  The  industry  plans 
to  fight  the  proposal. 


Protest  Block  Booking 

Protests  against  block  booking  on 
the  ground  that  individual  exhibitors 
can  dodge  responsibility  for  showing 
undesirable  pictures  have  been  signed 
and  forwarded  to  President  Roosevelt 
by  President  Emeritus  Lowell  of 
Harvard,  Mrs.  Calvin  Coolidge  and 
250  other  members  of  the  M.  P.  Re- 
search Council. 


Hold  Up  ''Cradle  Song*' 

Originally  scheduled  to  follow  Mae 
West  in  "I'm  No  Angel"  at  the  Para- 
mount, "Cradle  Song"  is  now  being 
considered  as  a  two-a-day  attraction 
for  the  Criterion.  Maurice  Chevalier 
in  "The  Way  to  Love,"  follows  the 
West  film  into  the  Paramount  in 
about  two  weeks. 


Saturday.  October  28,    1933 


MOTION  PICTURE 

DAILY 


Zukor  Tells 
Of  Friction 
In  Paramount 


(Continued  from  page   1) 

and  directness  that  frequently  ap- 
proached the  naive.  At  other  times, 
under  the  seemingly  confused  ques- 
tioning of  Samuel  Zirn,  counsel  for 
a  group  of  bondholders,  that  was  re- 
plete with  insinuations  of  intrigue 
and  charges  of  "mismanagement"  of 
Paramount  affairs  during  the  three- 
year  period  preceding  the  company's 
bankruptcy,  Zukor  showed  a  ready 
wit  that  more  than  matched  his  in- 
quisitor's, at  the  same  time  nullify- 
ing Zirn's  insinuations  with  directness 
and  an  air  of  genuine  amusement. 

Zukor's  testimony  served,  for  the 
most  part,  to  fill  in  the  blank  spaces 
regarding  the  personal  and  intimate 
details  of  executive  discord  in  Para- 
mount from  1931  to  1933,  and  the  es- 
tablishing of  such  financial  contacts 
as  the  company's  original  association 
with  the  banking  firm  of  Kuhn,  Loeb 
&  Co.,  and,  last  year,  with  Hertz, 
Chicago  financier,  which  Austin 
Keough,  Paramount  general  counsel, 
and  Ralph  A.  Kohn,  former  Para- 
mount treasurer,  hinted  at  in  earlier 
testimony  before  the  bankruptcy  ref- 
eree, but  which  remained  incomplete 
because  of  its  "hearsay"  nature.  It 
remained  for  Zukor,  who  witnessed 
events  which  were  more  personal  than 
corporate  on  some  occasions,  to  sup- 
ply what  was  missing  from  the  record 
now  very  nearly  complete. 

Zukor  Tells  His  Story 

His  mood  on  the  stand  was  almost 
changeless.  He  was  dispassionate, 
frequently  detached,  occasionally 
amused,  but  at  no  time  gave  any  in- 
dication of  emotion  as  attorneys  drew 
from  him  the  story  of  his  first  asso- 
ciation with  the  amusement  industry, 
30  years  ago  as  the  operator  of  a 
penny  arcade,  to  the  upbuilding  of  the 
international  Paramount  organization 
and  the  bankruptcy  of  last  January. 
Even  in  his  recitation  of  the  execu- 
tive rivalries  and  ambitions  of  the 
men  he  worked  with,  which  led  to 
their  resignations  because  the  situa- 
tions they  reflected  threatened  the  se- 
curity of  the  entire  Paramount  or- 
ganization, Zukor  was  resigned  and 
unmoved.  It  was  easy  to  imagine  the 
regret  Zukor  may  have  felt  at  Kent's 
resignation ;  or  the  determination  be- 
hind his  refusal  to  permit  Hertz,  with 
his  limited  knowledge  of  the  indus- 
try, to  assume  the  post  of  authority 
over  Paramount  production  he  desired, 
but  neither  was   put   into  words. 

"Kent   and   Katz  didn't  get  along," 
was  the  way  Zukor  put  it.  "It  started 
with  disagreements  over  business  pol- 
icies and  eventually  became  personal. 
It   got   so  bad   that   we   felt   it  might 
possibly  result  in  the  deterioration  of 
the   entire   organization.      It  was   ap- 
parent  that   it   was   to   the   company's 
best   interests   that  an   end  be  put   to 
the  situation.     Kent  was  regarded  as 
the  one  most  likely  to  agree  to   step 
out   in   the   interests   of  the   company. 
Hertz    negotiated    a    settlement    with 
him.       I    didn't    like    to    lose    Kent," 
j     Zukor  added.    "He  had  been  my  right 
!     hand   man    for    15    years.      The    con- 
j;     flict  between   him   and   Katz   was   be- 
j     gun,   as   I   recollect,  over  the  playing 


Owns  100,000  Shares 

Adolph  Zukor,  testifying  at 
a  Paramount  bankruptcy 
hearing  before  Referee  Henry 
K.  Davis  yesterday,  said  that 
he  owned  100,000  shares  of 
Paramount  stock  just  prior  to 
the   company's   bankruptcy. 

Asked  by  Attorney  Samuel 
Zirn  if  any  of  this  was 
pledged  with  creditor  banks 
of  the  company  at  the  time, 
Zukor  replied  he  "didn't  re- 
call." 

"But,"  the  creditors'  attor- 
ney persisted,  "wasn't  it 
worth  several  millions  and 
selling  at  $70  a  share  then?" 

"Whenever  it  was  selling  at 
70  it  was  worth  seven  mil- 
lions," Zukor  replied  lacon- 
ically. 


and    selling    terms    of    our    pictures — 
even  in  our  own  houses. 

"As  business  got  worse,  the  situa- 
tion between  them  came  to  an  im- 
passe. They  were  at  loggerheads. 
When  anything  went  wrong,  one  was 
always  right  and  the  other  at  fault." 

Lasky  "Just  Stepped  Out" 

Questioning  concerning  Lasky's 
"resignation"  elicited  the  remark 
from  Zukor  that  he  "didn't  know  that 
Lasky  had  ever  tendered  a  resigna- 
tion. He  just  stepped  out  of  the 
company." 

Zukor  said  that  early  in  1932  the 
company  believed  the  "production  de- 
partment was  spending  too  much 
money — pictures  didn't  measure  up  to 
their  cost.  We  wanted  to  investigate 
the  studio  situation,"  he  continued, 
"but  were  afraid  it  might  embarrass 
Lasky,  so  we  asked  him  to  take  a 
three  months'  vacation  and  then  went 
ahead  with  the  investigation.  As  a 
result  of  that  we  made  some  changes 
and  Lasky  subsequently  stepped  out." 

"And  you  put  Emanuel  Cohen  in 
charge?"   Rogers  asked. 

"Cohen  had  been  sent  out  to  make 
the  studio  check-up,"  Zukor  replied. 
"After  a  few  months  he  asked  me  to 
go  out  there.  I  went  and  checked  his 
findings  and  discovered  them  to  be 
correct  and  sound.  Then  I  placed 
him  in  charge  of  the   studio." 

"Prior  to  that  his  only  production 
experience  had  been  the  Paramount 
newsreel?"    Rogers   asked. 

"That,  and  the  production  of  our 
short    subjects." 

Schulberg  Pact  Settled 

Shortly  after,  Zukor  testified,  B. 
P.  Schulberg's  contract  was  settled 
for  $300,000.  It  developed  that  he 
was  paid  $200,000  of  this  amount  and 
the  balance  was  cancelled  by  later 
agreement. 

"Was  that  because  you  gave  Schul- 
berg a  new  contract  as  a  unit  produ- 
cer?"   Rogers    inquired. 

"It  may  have  been,"  was  Zukor's 
answer. 

Following  Lasky's  "resignation" 
and  the  settlement  of  Schulberg's 
contract,  there  began  a  series  of  ef- 
forts to  assume  charge  of  production 
that  continued  up  to  the  time  of  the 
Paramount  bankruptcy  and  resulted 
directly  in  Hertz's  resignation,  Zukor's 
testimony    revealed. 

First,  Katz  became  interested  in 
production  and  spent  several  months 
on  the  coast  assisting  Cohen  in  get- 
ting the  studio  "back  in  shape," 
Zukor  said.  "For  some  time  we  had 
been  advocating  decentralization  in  all 


departments.  Katz  was  against  it, 
and  that  resulted  in  his  resignation." 

Then  Hertz,  whom  Zukor  said  he 
had  first  met  during  negotiations  for 
purchase  of  the  Balaban  &  Katz  cir- 
cuit in  Chicago,  became  interested  in 
an   executive   production   post. 

"Hertz  was  to  be  the  business 
guide  between  the  studio  and  New 
York,"    Zukor    remarked. 

"Whose  suggestion  was  that?"  he 
was  asked. 

"His  own,"  Zukor  replied  without 
any    show   of   amusement. 

"But  you  felt  that  his  experience 
was  too  limited  for  that  post  and,  hav- 
ing the  courage  of  your  convictions, 
you  stood  your  ground  with  the  re- 
sult that  Hertz  resigned.  Is  that  it?" 
Rogers  asked. 

"It  struck  me  like  that,"  Zukor 
answered,  again  without  a  trace  of 
amusement. 

Hertz  Wanted  Control 

Pressed  further  for  details  of 
Hertz's  resignation,  Zukor  had  diffi- 
culty in  choosing  what  he  felt  to  be 
the   right   words. 

"Hertz  assumed,"  he  began,  and 
broke  ofT,  "tried  to  be ,"  he  hesi- 
tated. "I  don't  know  how  to  put  it," 
he  said,  "but  he  wanted  to  run  the 
studio  and  tell  them  what  to  make 
and  how  to  make  it,  and  also  wanted 
to  run  the  advertising  department.  I 
believed  a  man  who  had  been  in  the 
business  for  so  little  time  wasn't  qual- 
ified, and  this  led  to  his  resigna- 
tion." 

Questioned  by  Rogers,  Zukor  de- 
nied that  he  had  known  of  publicity 
calculated  to  create  the  impression 
that  Hertz  was  devoting  his  time  to 
Paramouunt  without  compensation, 
and  also  denied  that  he  had  heard 
Hertz    make    such    a    statement. 

It  was  brought  out  by  Rogers  that 
Hertz  had  been  proposed  for  the  post 
of  chairman  of  the  finance  committee 
by  Otto  Kahn  of  Kuhn,  Loeb  &  Co., 
although  Rogers  declared  that  Para- 
mount, at  that  time,  had  no  obliga- 
tion to  the  bank. 

"I  don't  know  about  that,"  Zukor 
replied.  "They  may  have  held  stock. 
The  condition  of  the  company  may 
have  warranted  it,  too." 

"You  knew  Hertz  didn't  have  prac- 
tical operating  experience  in  the  busi- 
ness?"   Rogers   asked. 

"Yes." 

"Then  what  did  you  have  in  mind 
as  duties  for  him  when  he  came  into 
the   company  ?" 

"The  chairmanship  of  the  finance 
committee  and  general  work  on  the 
refunding  and  reorganizing  of  the 
financial  structure.  Nothing  beyond 
that." 

Hertz  Salary  $96,000 

Zukor  related  that  he  had  arranged 
Hertz's  contract  and  that  his  salary, 
approximately  $96,000  per  year,  was 
the  result  of  negotiations  between 
them. 

Earlier  testimony  revealed  that 
Paramount  had  been  "privately 
financed,"  at  least,  required  no  out- 
side financing,  up  to  1919,  when  the 
company  first  entered  exhibition.  The 
first  stock  issue  resulted,  and  was 
handled  by   Kuhn,   Loeb  &   Co. 

Asked  how  he  had  happened  to  se- 
lect that  bank,  Zukor  replied,  "I 
knew  Feli.x  Kahn  through  Rialto  the- 
atre affairs,  and  through  him  I  met 
Otto  Kahn.  I  didn't  know  any  other 
bankers,"   he   added. 

He  recalled  various  bond  issues 
floated  thereafter  for  theatre  and  gen- 
eral expansion  up  to  1930,  when  the 
$15,200,000  loan  was  negotiated  "to 
pay  off  maturing  bank  loans  and  other 


Resent  Davis  Remark 

A  remark  by  Referee  Henry 
K.  Davis  that  officers  of  Para- 
mount probably  had  acted  "in 
good  faith  and  honestly"  in 
voting  bonus  contracts  aggre- 
gating several  millions  for 
Adolph  Zukor,  Sidney  Kent, 
Sam  Katz,  Jesse  Lasky  and 
Ralph  Kohn  for  the  five 
years  from  1927  to  1932,  drew 
objections  from  creditors'  at- 
torneys yesterday. 

Saul  Rogers,  counsel  for  a 
Paramount  bondholders' 
group,  asked  that  the  refer- 
ee's opinion  be  stricken  from 
the  record.  Referee  Davis 
concurred,  but  it  developed 
that  the  official  stenographer 
had  not  taken  down  the  re- 
mark. 


commitments,"  that  has  since  been 
identified  with  some  of  the  company's 
major   financial  difficulties. 

"In  1931  and  1932  various  banks 
with  unsecured  loans  began  to  press 
the  company  for  payment?"  Rogers 
inquired. 

"As  far  as  know,"  Zukor  repHed. 
"We  were  not  pressed  for  payment  in 
1931  or  early  1932,  or  threatened  to 
have  new  loans  or  renewals  shut  off. 
The  first  inkling  I  had  that  the  bank 
situation  was  not  right  was  when  one 
of  the  banks  refused  to  renew  a  note. 
I  don't  recall  which  bank  it  was  or 
what  the  date  was.  Hertz  and  Kohn 
then  began  to  work  on  plans  to  re- 
organize our  finances  and  get  new 
money  to  complete  our  pictures  in 
production  at  the  time,  which  repre- 
sented millions." 

Form  Film  Productions 

The  result  of  these  plans  was  the 
organization  of  Film  Productions 
Corp.,  which  pledged  23  negatives  as 
collateral  on  new  notes  issued  by  12 
banks.  This  deal  is  now  under  at- 
tack by  the  Paramount  trustees  on 
the  ground  that  it  constituted  a  pref- 
erence. 

Asked  if  he  knew  the  transaction 
constituted  a  lien  on  the  negatives, 
Zukor  declared  that  he  did  not  and 
added  that  if  he  had,  he  would  have 
"fought   it." 

"But  I  knew  because  of  the  situa- 
tion which  existed  that  the  banks 
were  getting  some  preference,"  Zukor 
said.  "But  what  it  was,"  he  com- 
mented, "was  up  to  the  legal  depart- 
ment to  determine." 

"But  you  knew  the  banks  did  have 
a   preference?"   Rogers  persisted. 

"The  contract  speaks  for  itself," 
was  the  reply. 

It  was  recorded  that  Paramount's 
1931  bank  indebtedness  of  $7,500,000 
had  increased  to  $9,600,000  the  fol- 
lowing year,  at  which  time,  Zukor 
testified.  Hertz  and  Kohn  began  their 
negotiations  with  the  12  banks,  the 
details  of  which  Zukor  said,  he  did 
not   know. 

Zukor  said  that  the  creation  in  No- 
vember, 1932,  of  new  subsidiary  com- 
panies, such  as  Paramount  Produc- 
tions, Paramount  Pictures  Distrib- 
uting Corp.,  Paramount  International 
and  others,  and  the  transfer  of  assets 
to  them,  "was  part  of  the  plan  to 
decentralize  the  company  everywhere 
and  was  conceived  months  before." 

Pressed  for  an  opinion  as  to  wheth- 
er or  not  Paramount  might  have  ac- 
quired theatres  during  1929,  '30  and 
'31  by  issuing  new  stock  instead  of 
the  agreements  calling  for  repurchase 

(Continued   on   page   4) 


MOTION  PICTURE 

DAILY 


Saturday,  October  28,    1933 


Thompson  Put 
In  Charge  of 
RKO  Theatres 


(Continued  from  page  1) 

has  been  made  general  foreign  sales 
manager  for  RKO  Radio  Pictures, 
Inc.,  under  N.  E.  Depinet,  vice-presi- 
dent. John  O'Connor,  who  was  assist- 
ant to  Reisman  on  film  buying,  takes 
over  those  duties. 

A.  E.  Reoch  continues  in  charge  of 
real  estate  for  RKO  theatres.  Con- 
struction and  maintenance  are  included 
in  this  department. 

Both  Major  Thompson  and  Reoch 
will  report  directly  to  McDonough. 

Reisman's  appointment  as  general 
foreign  sales  manager  does  not  affect 
the  status  of  Ambrose  Dowling,  who 
is  in  South  America  on  company  busi- 
ness, it  was  stated. 


Zukor  Describes 
Friction  in  Para. 

iContinued  from  page  3) 

of  existing  stock  at  $85  per  share, 
such  as  were  used,  Zukor  replied  that 
at  the  time  the  company's  prospects 
were  "so  good"  that  it  was  felt  that 
there  was  "no  risk"  involved  in  using 
the   repurchase   agreements. 

"Besides,"  he  said,  "if  we  had  is- 
sued new  stock  it  would  have  seri- 
ously depressed  the  prevailing  market." 

Zirn's  examination  of  Zukor  was 
confined  to  the  closing  hour.  The 
attorney  said  he  had  waited  six 
months  for  the  opportunity  to  ques- 
tion the  Paramount  head,  but  his 
line  of  inquiry  was  ruled  out  of  order 
or  "immaterial"  so  frequently  that  he 
elicited  no  now  information  of  im- 
portance   through    his    examination. 

Zirn  inquired  whether  Zukor  "had 
been  in  any  meeting  with  Judge  Bondy 
of  the  U.  S.  District  court  prior  to 
the  Paramount  receivership  at  which 
Judge  Bondy  agreed  to  make  you 
(Zukor)  and  Charles  D.  Hilles  equity 
receivers." 

The  question,  which  was  ruled  out 
by  Referee  Davis  as  immaterial,  re- 
ferred to  reports  that  the  Paramount 
receivership  of  last  January  materi- 
alized at  a  closed  hearing  in  Judge 
Bondy's  chambers. 

Zirn  asked  that  Hertz  and  Robert 
T.  Swaine,  of  Cravath,  De  Gersdorff, 
Swaine  &  Wood,  Paramount  counsel, 
be  produced  for  examination  at  the 
next  session,  Nov.  10. 


MOTION  PICTURE  DAILY.I$ 
HOLLYWOOD  PREVIEW 


John  Hertz  Joins 
Lehman  Bros.  Mon. 

(Continued  from  page  1) 

week-end  to  occupy  them.  Requests 
that  Hertz  be  placed  on  the 
stand  for  examination  in  con- 
nection with  Paramount  bankruptcy 
proceedings  have  been  made  by  Saul 
E.  Rogers  and  Samuel  Zirn,  attor- 
neys for  Paramount  bondholders' 
committees,  and  a  request  for  his  ap- 
pearance at  the  next  creditors'  meet- 
ing, Nov.  10,  has  already  been  sent 
Hertz  by  attorneys  for  the  Paramount 
trustees.  Rogers  indicated  yesterday 
that  in  the  event  Hertz  did  not  heed 
the  request  he  would  seek  to  have  the 
former  Paramount  executive  sub- 
poenaed. 


(Continued  from  page  1) 

"Frankenstein"  or  "Dracula"  and  easily  may  do  bigger  business  at  box- 
offices. 

The  central  story  is  a  situation  highly  imaginative.  A  scientist  per- 
fects a  method  of  making  himself  invisible  by  chemical  injection,  but 
is  unable  to  discover  the  formula  returning  him  to  visibility.  Facing 
this  dilemma,  he  goes  mad. 

Frightful,  even  dreadful  in  conception,  the  film  is  kept  believable  and 
entertaining  all  the  way.  James  Whales'  direction  creates  and  holds  the 
illusion,  carrying  the  excitement  to  well-timed  climaxes.  Adapted  from 
a  story  by  H.  G.  Wells,  the  screen  play  by  R.  C.  Sherriff  deserves  special 
mention  for  plot,  realism  and  convincing  dialogue. 

Acting  honors  go  to  Claude  Rains,  whose  face  is  never  seen  except 
in  one  shot,  but  who  dominates  by  personality  and  voice  alone.  The 
supporting  cast,  including  William  Harrigan,  Gloria  Stuart,  Dudley 
Digges,  Una  O'Connor  and  Henry  Travers,  is  topnotch. 

Technical  effects,  photography  and  production  values  are  distinctly 
original.  "The  Invisible  Man"  is  gripping  entertainment,  exploitable 
and  good  for  all  types  of  houses. 


Looking  ^Em  Over 


"Meet  the  Baron'' 

(M-G-M) 

If  Jack  Pearl's  first  film  venture  holds  up  the  way  it  started  at  the 
Capitol  and  pulls  in  the  small  towns  the  same  way,  M-G-M  will  have 
something  to  give  three  cheers  and  a  couple  of  banzais  over.  Rudy 
Vallee  was  on  the  stage  and  he  is  no  mean  draw,  but  the  audience  gave 
every  sign  of  enjoying  the  baron's  adventures  from  start  to  finish. 

With  five  names — Pearl,  Jimmy  Durante,  Zasu  Pitts,  Edna  May 
Oliver  and  Ted  Healy — to  help  sell  first  night  audiences,  exhibitors 
have  nothing  to  worry  about  from  that  angle.  In  addition,  it  has  a 
well  knit  story  to  hold  the  Munchausen  exploits  together,  and  the  pro- 
ducer has  dressed  it  up  with  a  flock  of  good-looking  girls  and  some 
snappy  incidental  music. 

Pearl  and  Durante  are  deserted  in  a  jungle  without  water  by  the  real 
Baron  Munchausen  f  Henry  Kolker).  Their  rescue  is  followed  by  a 
Lindbergh  reception  in  New  York,  some  typical  Pearl  broadcasting, 
after  which  they  are  called  upon  to  lecture  at  Cuddle  College,  a  girls' 
institution  headed  by  Edna  May  Oliver.  Healy  and  his  stooges  are  the 
janitor  and  plumbers.  Pearl  develops  a  romance  with  Zasu  Pitts  at  the 
college.  In  this  sequence  a  shower  bath  sequence  is  put  on  in  musical 
comedy  manner  and  Healy  puts  over  some  grand  gags.  A  scene  between 
Pearl  and  Miss  Pitts  in  an  icebox  is  a  riot. 

In'  the  end  the  real  baron  shows  up  and  Pearl  and  Durante  leave  the 
college  in  disgrace,  but  on  the  way  back  to  the  city  they  are  signed  up 
for  another  broadcast.    It's  a  smart  job  all  around. 


Hollywood 
Personals 


Hollywood,  Oct.  27 

CHARLES  McDonald,  who  has 
been  on  the  coast  for  the  last 
two  years,  is  recovering  from  a  ser- 
ious operation  at  his  home  in  Holly- 
wood. 

Joe  E.  Brown  has  been  made  a 
member  of  the  A.  A.  U.  tribunal 
which  will  select  the  country's  out- 
standing athlete  for  award  of  the 
James  E.  Sullivan  Cup. 

Ruby  Keeler  arrives  in  Holly- 
wood Sunday  to  begin  work  in 
"Sweethearts  Forever"    (Warners). 


"Love,  Honor  and  Oh,  Baby!" 

(Uniz'ersal) 

More  of  the  Slim  Summerville-Zasu  Pitts  comedj'  in  which  the  ever- 
bashful  Summerville  takes  the  part  of  an  ambitious  attorney  out  to  make 
a  name  for  himself  and  enough  money  so  that  he  can  marry  Miss  Pitts 
after  being  engaged  to  her  for  six  years.  Their  experiences  yesterday 
caused  plenty  of  laughs  at  the  Old  Roxy. 

In  an  effort  to  grab  off  some  easy  money  needed  for  her  marriage. 
Miss  Pitts  becomes  involved  in  an  affair  with  her  employer,  George 
Barbier,  which  winds  up  at  her  home  when  she  spills  a  jar  of  honey 
on  his  suit  and  both  are  caught  partly  disrobed  by  her  parents.  Sum- 
merville fakes  a  rain  scene  which  later  becomes  the  deciding  factor  in 
a  breach  of  promise  suit  filed  by  Miss  Pitts. 

When  the  case  is  heard,  Barbier  insists  it  was  raining  that  evening, 
and  Summerville,  defending  his  future  wife,  proves  by  the  records  that 
it  didn't.  Verree  Teasdale,  Pitts'  sister,  double  crosses  the  family  on 
the  witness  stand,  and  when  she  insists  it  was  raining  that  eventful  even- 
ing she  unknowingly  makes  the  case  stronger  for  her  sister.  As  a  result 
Miss  Pitts  wins  the  $100,000  suit,  which  even  surprises  her  future 
husband. 

Donald  Meek  and  Lucille  Gleason  do  good  work  as  Miss  Pitts'  parents, 
while  Purnell  Pratt,  Adrienne  Dore,  Dorothy  Grainger  and  Henry 
Kolker  also  contribute  uniformly  nice  performances. 


Laemmle  to  Coast  Today 

Carl  Laemmle  leaves  for  the  coast 
today.  The  producer  is  departing  with 
the  announcement  that  Universal  has 
decided  to  make  four  pictures  with 
Jan  Kiepura,  the  continental  singer, 
in  Universal  City  instead  of  in  Paris 
as  originally  planned.  Laemmle  will 
visit  the  World  Fair  in  Chicago  on 
his  way  west. 


''Anger  Does  $68,200 

"I'm  No  Angel"  finished  its  second 
week  at  the  Paramount  last  night  with 
a  $68,200  gross.  This  is  only  $1,800 
under  the  anticipated  $70,000. 

At  the  Paramount,  Newark,  the 
same  picture  broke  the  house  record 
with  $30,000  for  the  week.  Next 
highest  gross  was  $24,000. 


Sells  Foreign  Film 

Arthur  Ziehm  of  General  Foreign 
Sales  Corp.  has  sold  to  Educational 
the  Viennese  short  film,  "A  Stroll 
Thru  Vienna." 


Managers  End  Meeting 

A  two-day  meeting  of  all  Warner 
theatre  zone  managers  called  here  by 
Joseph  Bernhard,  general  manager, 
ended  yesterday. 


Irwin  Heads  Authors 

Will  Irwin  has  been  elected  presi- 
dent of  the  Authors'  Guild  of  the  Au- 
thors' League  of  America. 


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MOTION  PICTURE 

DAILY 


Alert. 
Intelligent 
and 

Faithful 
Service,  to 
the  inditstry 
in  All 
Branches 


VOL.  34.   NO.  102 


NEW  YORK,  MONDAY,  OCTOBER  30,  1933 


TEN  CENTS 


Allied  Bases 
Campaign  on 
Chicago  Meet 

Membership  and  Finance 
Drive  Is  Under  Way 


Washington,  Oct.  29.— That  Allied 
proposes  to  convert  results  of  its 
recent  code  mass  meeting  in  Chicago 
into  a  membership  campaign  was  made 
clear  yesterday  with  the  statement  in 
a  bulletin  issued  at  Allied  headquar- 
ters here  that  the  managing  committee 
appointed  at  the  meeting  "will  enlist 
the  cooperation  of  independent  exhibi- 
tors not  affiliated  with  Allied  with  a 
view  to  bringing  them  into  the  fold 
of  a  new  and  more  effective  Allied 
Ass'n." 

"In  territories  where  leadership  has 
fallen  down,"  the  bulletin  continued, 
"the  exhibitors  will  be  acquainted 
with  the  facts  and  they  will  be  given 
encouragement  and  assistance  in  re- 
building their  organizations  along 
sound  and  ethical  lines." 

Relating  that  the  Chicago  meeting 
directed  the  Allied  management  com- 
mittee to  "fight  for  a  fair  code  and  a 
(Continued  on  page  6) 


Libson  May  Go  Into 
RKO  Midwest  Board 

Cincinnati,  Oct.  29. — That  Ike 
Libson  and  Ben  L.  Heidingsfeld,  an 
attorney  and  associate  of  Libson,  are 
slated  for  berths  on  the  board  of 
directors  of  the  RKO  Midwest  Corp. 
is  currently  reixjrted  here,  although 
official  confirmation  is  lacking. 

The  RKO  Midwest  bondholders 
are  entitled  to  elect  two  additional 
members  to  the  board  in  accordance 
with   an  agreement  entered   into  with 

{Continued  on  page  6) 


Report  DiX'M'G-M 
Dicker  on  Contract 

Hollywood,  Oct.  29. — Richard  Dix 
and  M-G-M  are  reported  to  be  getting 
together  on  a  long  term  contract. 

Dix  recently  finished  "Forever 
Faithful"  on  the  M-G-M  lot  on  a 
loan  from  Radio,  where  he  has  one 
more  picture  to  make  under  his 
present  contract. 


Missouri  Sales  Tax 
Meeting  Opposition 

Jefferson  City,  Mo.,  Oct.  29. — In- 
dications are  that  Gov.  Guy  B.  Park's 
recommendation  for  a  general  sales 
tax  will  not  have  clear  sailing  in  the 
Missouri  legislature,  now  in  special 
session.    While   it   is   expected    a   one 

(Continued  on  page  6) 


Trustees  Ask 
Check  on  All 
Para.  Funds 


Want  to  Control  Spending 
Of  the  Subsidiaries 


A  plan  to  effect  a  careful  check  on 
all  expenditures  of  the  active  Para- 
mount Publix  subsidiaries  by  bringing 
them  under  closer  control  of  the  parent 
company's  trustees  in  bankruptcy  is 
incorporated  in  the  third  report  of  the 
trustees  filed  Saturday  with  Referee 
Henry  K.  Davis. 

The  plan,  describing  the  distribution 
and  home  office  expenditures  as  "fairly 
uniform,"  appears  to  be  directed  prin- 
cipally at  Hollywood  and  contemplates 
not  only  the  trustees'  approval  of  all 
budgets,  but  an  apportioning  of  cash 
to  the  subsidiary  companies  only  as 
required  by  them  and  approved  by  the 
trustees.  Under  the  plan,  all  checks 
in  excess  of  $1,000  paid  out  by  a  sub- 

( Continued   on  page   8) 


Report  Para.  Cash 
Totals  $2,074,480 

Revealing  the  continued  improve- 
ment of  Paramount's  financial  situa- 
tion, Trustees  Charles  D.  Hilles, 
Eugene  W.  Leake  and  Charles  E. 
Richardson  report  $2,074,480  cash  in 
banks  as  of  Sept.  29,  in  their  third 
report  filed  Saturday  with  Henry  K. 
Davis,  referee  in  bankruptcy  for  Para- 
mount Publix. 

Receipts,  mostly  from  distribution, 
during    the    period    from    July    10    to 

(Continued  on   page   8) 


Schenck  Enthused  by 
Pickup  in  Theatres 

Hollywood.  Oct.  29.  —  Enthused 
over  a  decided  upturn  in  theatre 
attendance,  Nicholas  M.  Schenck 
arrived  here  for  studio  conferences 
accompanied  by  E.  B.  Hatrick  and 
Leopold  Friedman.  Schenck  said  he 
is  much  encouraged  with  the  way 
business  is  picking  up  all  over  the 
country. 

"The  theatrical  business  and  the 
legitimate  theatre  in  particular,"  he 
said,  "are  enjoying  the  good  business 
they  did  two  years  ago.  The  film 
business  shows  every  indication  of 
continuing  to  improve." 

Schenck  is  here  for  general  studio 
conferences  on  future  policy  and 
product,  while  Hatrick  is  here  in  the 
interest  of  Cosmopolitan  Productions 
and  to  make  final  preparations  for  the 
filming  of  Marion  Davies'  next  star- 
ring picture,   "Operative  13." 


First  at  Music  Hall 

"Only  Yesterday,"  all-star 
special  over  which  Universal 
is  pepped  to  the  hilt,  goes 
into  the  Music  Hall.  Nov.  9. 

This  is  the  first  "U"  to  play 
the  big  6th   Ave.  theatre. 


Local   306   Submits 
Terms  to  the  ITOA 


.\fter  flatly  rejecting  the  I.T.O.A.'s 
wage  scale  proposition.  Local  306  has 
submitted  a  special  proposal  to  the 
exhibitor  organization.  The  scales 
cover  complete  booth  operation. 

For  houses  seating  up  to  800,  the 
cost  is  set  at  $168;  from  800  to  1,200 
seats,  $242;  from  1,200  to  2,500  seats, 
$294.  The  deal  also  provides  that 
Allied  M.  P.  Operators  will  not  be 
admitted  into  Local  306.  Stagehands' 
terms  have  not  yet  been  submitted. 

Members  of  I.T.O.A.  will  decide  on 
the  terms  of  Local  306  at  the  regular 
meeting  tomorrow.  The  result  will 
be  forwarded  immediately  to  the 
union,  which  will  call  a  directors' 
meeting  for  discussion  of  the  report. 
There  is  a  possibility  that  a  compro- 
mise may  be  effected. 

The    I.T.O.A.'s   terms   are   $75   for 

(Continued  on  page  6) 


Gell  Chosen  Pathe 
Manager  in  England 

LoNnox.  Oct.  29.— W.  J.  Gell,  for- 
merly managing  director  Of  Gauniont 
Co.,  Ltd.,  and  Gaumont  Ideal,  has 
been  named  managing  director  of 
Pathe  Pictures.  Ltd.,  here,  eft'ective 
Nov.  1.  He  has  also  been  named  to 
the  board  of  British  Instructional 
Films. 

Cell's  new  appointments  follow 
upon  the  consolidation  of  the  Gau- 
mont-British  distributing  units,  with 
which  he  was  associated,  and  are 
understood  to  be  in  line  with  plans 
for  increasing  Pathe  production  here, 
which   was  resumed   recentlv. 


Denmark  Raises  New 
Bars  on  U.  S.  Films 

Copenhagen,  Oct.  29. — Warner- 
First  National  and  Columbia  have 
been  added  to  the  list  of  American 
companies  barred  from  importing 
films  into  Denmark,  with  the  an- 
nouncement of  Nordisk  Films  that 
writs  are  being  served  on  these  com- 
panies as  a  result  of  the  dispute 
revolving  about  the  charge  that  films 
made  by  them  have  violated  Danish 
patents  for  noiseless  recording.  With 
similar  writs  already  served  on  Para- 
mount. Fox  and  M-G-M,  the  only 
.A.nierican  company  allowed  to  con- 
tinue importing  films  into  Denmark 
is   L^^nited   .Artists. 


Code  Benefit 
To  Be  Applied 
On  Contracts 


Cancellation    Privileges 
Not  to  Be  Withheld 


No  disposition  on  the  part  of  dis- 
tributors to  withhold  any  code  bene- 
fits from  exhibitors  who  have  already 
closed  and  signed  1933-34  contracts 
is  in  evidence,  despite  the  fact  that 
the  code  is  not  to  be  retroactive. 

Although  few  trade  practice  changes 
which  will  vitally  affect  existing  con- 
tracts have  come  into  being  with  the 
code,  that  document's  .straight  10  per 
cent  cancellation  provisions  offer  many 
exhibitors  a  benefit  not  included  in  ex- 
isting contracts  made  for  new  season 
product.  This  is  especially  true,  it 
was  pointed  out  by  sales  managers 
Saturday,  in  cases  where  e.xhibitors 
have  closed  new  season  deals  on  the 
basis  of  the  uniform  contract  which 
offered  only  the  first  five  per  cent  of 
a  total  15  per  cent  cancellation  with- 
out pay.  The  second  five  per  cent  is 
on  the  basis  of  a  50  per  cent  payment, 
and  the  third  on  full  payment. 

Representative  sales  managers  said 
Saturday  that  the  straight  10  per  cent 
cancellation  without  pay  offered  by 
the  code  would  "in  all  fairness"  be 
accorded  to  any  exhibitor  already 
signed  up  who  elected  it  in  preference 
to  cancellation  provisions,  or  the  lack 
of  them,  in  whatever  contract  he  held. 

"It  is  only  sound  business  practice 
to  offer  exhibitors  already  signed  up 
any  new  advantages  offered  by  the 
code,"  said  one  sales  executive.  "If 
they  have  shown  enough  confidence  in 
us  to  sign  up  early,  it  would  be  a  poor 

{Continued  on   page  6) 


Rosenblatt  Asks  for 
Horwitz  Conference 

Cleveland,  Oct.  29.— M.  B.  Hor- 
witz has  been  requested  to  appear 
before  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  at  his  Washington 
office  on  Tuesday  afternoon.  It  is  be- 
lieved this  may  have  something  to  do 
with  Allied's  action  in  criticizing 
Rosenblatt's  handling  of  the  code  and 

(Continued  on  pane  6) 


Betterment  Group 
Seeks  Code  Change 

Ralph  Whitehead,  executive  secre- 
tary of  the  Actors'  Betterment  Ass'n. 
has  communicated  with  Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  in 
a  last  effort  to  get  him  to  insert  in 
that  section  of  the  final  draft  of  the 
industry  code  dealing  with  vaudeville 

(Continued  on  paqe  6) 


MOTION  PICTURE 

DAILY 


Monday,  October  30,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


\'ol.  34 


October  30,  1953 


No.  102 


Martin  Quigley 

Editor-in-Chief  and   Publishtr 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•\r\  PUBLISHED  daily,  except  Sunday 
r  jl  J  and  holidays,  by  Motion  Picture 
N^<  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway.  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyriehted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford. 
Manager. 

London  correspondent:  Iv.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin.  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  desNoues. 

Entered  as  second  dais  laat- 
ter    January    4,     1926.    at    the      kj  O  ▲ 
Post  Office  at  New  York  City.    ^.."S^ 
N.   Y.,  under  Act  of  March  3. 
1879. 

Subscription   rates   per   year: 
$6     in     the     Americas,     except 
Canada:     Canada    and    foreign     wik,o».i».t 
$15.      Single   copies:    10   cents. 


Anthony  Jim  Bankrupt 

Pittsburgh,  Oct.  29. — Anthony 
Jim,  theatre  owner  with  headquarters 
in  Latrobe,  Pa.,  filed  a  voluntary 
petition  in  bankruptcy  here  last  week, 
placing  his  assets  at  $50  and  his 
liabilities  at  $2,404,984.  Jim  owns 
and  operates  theatres  in  Pittsburgh, 
Meadville,  Aliquippa,  Oil  City  and 
Farrell. 

His  liabilities,  he  said,  consisted 
chiefly  of  unpaid  rents  and  film  bills. 


Dillon  Joins  U.  A. 

Atlanta,  Oct.  29. — George  Dillon 
joins  the  local  United  Artists  sales 
force  tomorrow  as  field  representative. 
Dillon  at  one  time  was  district  man- 
ager for  Pathe  and  has  held  sales  posts 
with  other  companies. 


Farnol  Coming  East 

Hollywood,  Oct.  29. — Lynn  Farnol, 
publicity  representative  for  Sam  Gold- 
wyn,  leaves  for  New  York  the  end  of 
this  week  on  company  business.  He 
will  be  gone  three  months. 


Club  Action  Deferred 

Action  to  determine  the  future 
course  of  the  Alotion  Picture  Club 
has  been  deferred  for  two  weeks.  The 
directors  are  scheduled  to  confab 
again  on  Nov.   10. 


"Keyhole"  to  Rivoli 

"Broadway  Thru  A  Keyhole," 
second  20th  Century  picture,  will  open 
at  the   Rivoli  Wednesday. 


A  BUSY  MAN 

BEN  BLUE 

Caotured  Broadway 

LAST    WEEK 

RKO  PALACE  THEATRE 

THIS    WEEK 

ROXY,  7th  Ave. 

INDEFINITELY  BOOKED 

Club  Vanity  Fair 

Starring   in  Series 

WARNER  SHORTS 

On  the  Air  Nightly  WMCA 

Direction:  Leo  Morrison 


Insiders^  Outlook 


WHY  the  independents  are 
resentful,  also  shocked  and 
morose,  as  explained  by  one  of 
them  who  won't  go  for  his  name 
being  used  because  he  fears  re- 
prisals :  "We  went  to  Washing- 
ton. The  Blue  Eagle  was  to 
protect  us.  We  wanted  certain 
things,  but  almost  before  we  had 
a  chance  to  ask  for  them,  they 
were  promised.  The  right  to 
buy  was  to  prevail,  monopolistic 
practices  were  to  be  cut  out ; 
small  enterprises  were  to  be  pro- 
tected. This  was  the  promise 
given  us  voluntarily,  mind  you. 
We  were  told  to  go  home  and  we 
did.  Return  in  a  week  and  col- 
lect your  salvation;  it'll  be  ready 
for  you.  Well,  we  came  back  all 
right,  but  what  happened  to  those 
promises?  Do  3'ou  wonder  we 
have  let  out  a  howl  since  then?" 
▼ 
The  two  Schencks  are  in 
Hollywood  at  one  and  the  same 
time.  That  may  mean  plenty 
where  Joe's  resignation  from  the 
coast  Hays  association  is  con- 
cerned. Nick  has  a  way  of  spread- 
ing oil  on  waters  that  turn 
troubled.  Also  he  carries  more 
than  casual  influence  with  his 
brother.  Remember,  too,  the 
Loew  president  was  for  Article  5, 
which  Joe  finds  irksome,  and 
some  other  things.  The  U.  A. 
prexy  opposed  because  20th  Cen- 
tury is  expanding,  needs  stars, 
and  finds  a  wide-open  market  to 
its  fancy.  It's  as  simple  as  all 
that.  Having  a  bearing  on  the 
situation,  too,  is  the  fact  that 
the  Schenck  resignation,  like  Sam 
Goldwyn's,  will  not  take  effect 
until  accepted  by  the  association's 
board  of  directors.  They  don't 
meet  for  some  time  yet.  Even 
if  they  did,  the  session  might  be 
postponed.  There  are  ways.  .  .  . 
T 
He  insists  he  knows  what  he's 
talking  about,  says  this  chap,  in 
shaping  Harold  B.  Franklin's 
future  for  him.  It's  a  two-way 
plan,  the  story  goes.  One,  pro- 
duction at  the  Biograph  plant 
with  Consolidated  money.     Two, 


a  circuit  of  art  theatres,  like  the 
.Studio  theatre  in  Los  Angeles. 
A  third  springs  from  another 
source :  That  Franklin  had  sewed 
up  the  Theatre  Guild  on  talker 
rights.  The  first  yarn's  been 
around  for  a  couple  of  weeks  and 
trails  to  the  close  contact  which 
Herb  Yates  maintained  at  RKO 
during  the  H.B.F.  regime.  The 
second  looks  like  just  a  yarn. 
Number  three  "might  be  a  good 
idea,"  according  to  Franklin. 
Fifty-two  bucks  a  head  ^yas  the 
tariff  on  Harold's  dinner  last 
Wednesday  night.  .  .  . 

▼ 
Another  slant  on  the  influences 
prompting  Haysian  objections  to 
proposed  production  of  "The 
Mad  Dog  of  Europe"  by  Al 
Rosen  is  that  it  was  less  the 
decree  of  the  M.P.P.D.A.  than  it 
was  of  certain  eminent  leaders  of 
the  Jewish  race  in  America  who 
foresaw  the  possibility  of  the 
vitriolic  anti-Hitler  theme  as 
alienating  certain  sympathies  in 
non-Jewish  quarters.  It  was  felt, 
according  to  thig  version,  that 
any  lack  of  dignity  and  restraint 
might  react  against  the  race  in 
its  international  defense  against 
Nazi  tactics.  .  . 

T 
There  was  one  major  that  once 
had  a  favorite  method  of  dispos- 
ing of  deposed  executives ;  they 
were  made  branch  managers  in 
Kansas  City.  In  1933  it's  differ- 
ent; they're  made  foreign  man- 
agers. .  .  .  During  the  first  two 
weeks  of  the  "I'm  No  Angel"  run 
at  the  Paramount,  no  executive 
or  circuit  buyers'  passes  were 
honored.  .  .  .  Having  read  Adolph 
Zukor's  testimony  of  how  the 
Lasky,  Kent,  Katz,  Schulberg 
and  Hertz  resignations  developed, 
you  now  know  all — or  nearly 
all.  .  .  .  The  Zanuck-Warner- 
Schenck  "burn-up"  is  still  sizz- 
ling. Jack  Warner  had  a  chance 
to  crack  the  latter  and  Sam  Gold- 
wyn  over  the  knuckles  the  other 
day  on  the  code  and  went  the 
limit.  Goldwyn  must  be  gulping 
yet.  .  .  . 

KANN 


Trading  Light  in  All  Issues 


High 

Columbia  Pictures,  vtc 22 

Consolidated  Film  Industries 314 

Consolidated    Film    Industries,    pfd gi/^ 

Kastman  Kodak 74 

Fox    Film    "A" 1514 

I.oew's.    Iiic 28?^ 

Pathc   Exchange ].t/ 

RKO 25/, 

Warner  Bros 7 


Low 

21 
354 

74 

1.S 
27'A 

m 
2% 


Close 

22 
3M 

m 

74 

15 

28'A 
Ws 
2^ 
6M 


Net 
Change 

+m 
~v» 

-  Vz 

-1-  Vi 

—  v» 

+  'A 
+  Vs. 


Warner  Bros.  Drops  One  Point 

Net 

High  I^w  Close  Change 

Cencral  Tlieatre   Equipment  6s  '40 4%         454         454  +  ''A 

Paramount  Broadway  S!4s  '51 30?i  30%       30?|  -1-  % 

Paramount  F.  L.  63  '47 .TO  2954       2954  —  'A 

Pathe  7s  '37,  ww 80  80  80  

Warner  Bros.  6s  '39  wd 40K  39J^        39!/$  —1 


Sales 

300 
100 
200 
100 
500 

1.000 
400 
100 

8,300 


Sales 


i  Purely 
Personal  ► 


ABE  SCHNEIDER  of  Columbia 
and  Rov  Disney  of  the  U.  A. 
Disneys  received  quite  a  trimming 
early  Saturday  morn.  The  tonsorial 
artist  at  729  did  a  swell  job  in  pre- 
serving their  youth. 

Hal  Hokne  is  still  being  patted 
on  the  back  for  the  manner  in  which 
his  crew  put  over  that  A^.  Y.  Ameri- 
can Christmas  Relief  Fund  "Bowery 
Ball"  at  the  Astor. 

Paul  Terry  and  Frank  Moser 
are  readying  two  new  Paul  Terry- 
Toons,  "Beanstalk  Jack"  and  "The 
Village  Blacksmith,"  for  early  re- 
lease. 

Pkter  Freuchex,  author  of  "Eski- 
mo," arrives  from  the  coast  today  and 
will  remain  here  for  the  premiere  of 
the  picture  at  the  Astor,  Nov.   14. 

Jimmy  MacFarland  of  the  Rivoli 
still  goes  to  the  Paramount  Child's. 
He  claims  ace  attraction  there  is  the 
oyster    stew. 

W.  Ray  Johnson  and  Harry 
Thomas,  president  of  First  Sales  Di- 
vision, arrived  in  New  York  Satur- 
day  from    Cleveland. 

Al  Selig,  Warner  exploitation  man, 
is  back  from  Detroit  where  he  put 
on  the   "Footlight   Parade"  campaign. 

Trem  Carr  left  New  York  for 
California   Saturday. 

Bex  Blue  is  headlining  the  Old 
Roxy  stage  show  this  week. 


"^"  Loss  for  Nine 
Months  Cut  $30,899 

In  a  preliminary  reixjrt  of  Universal 
Pictures  for  the  three  months  ended 
July  29,  it  is  indicated  the  net  loss  will 
estimate  $126,492  after  taxes  and 
charges.  This  compares  with  a  loss 
of  $419,338  for  the  same  quarter  last 
year.  For  the  nine  months  ending 
July  29,  the  net  loss  was  approxi- 
mately $728,747.  which  is  $30,899  less 
than  that  for  the  same  period  pre- 
viously. 


THE 
MAYFLOWER 

61st  STREET,  (Central  Park  West) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3   Rooms.     Full  Hotel  Service 

FURNISHED    OR    UNFURNISHED 

By  the  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


THOSE  LIPS  -- 
THOSE  EYES  '- 
THOSE  LOVELY 
CURVES-^  -- 

that  make  Lilian  Harvey  the  dazzling  .  .  . 
alluring  .  .  .  captivating  creature  she  is  on 
the  screen  are  the  same  lips  and  eyes  and 
soft  round  curves  that  make  National 
Scene  Trailers  the  high-pow^er  selling- 
force  they  are  .  .  . 

because  the  thrilling  glimpses  of  the  stars 
doing  their  stuff  .  .  .  speaking  their  lines 
in  actual  scenes  from  the  picture  itself 
cannot  be  described  .  .  . 


the  charm  of  personality  . . .  the  sound 
of  the  voice  . . .  must  be  seen  . . .  must 
be  heard  . .  . 

that's  why    National   Scene  Trailers 
are  the  most  potent  piece  of  screen 
exploitation   at  the   command  of 
the  showman  .  .  . 

that's  why  samplevue  trailers  by      ^ 


LILIAN  HARVEY 

singing,  dancing,  devastating 

in 

''MY  LIPS  BETRAY" 
coming  soon  from 


NATIONAL  SCREEN  e  ERVICE 


arc  the  pride  of  the  industry  .   . 
worth  more  because  thcv  sel)  mo. 


Hearst's  International-Cosmopolitan  for  Dece^nber 


A  Chinese  dagger  was  the  murder  weapon  .  .  .  but  whose 
hand  held  it  when  Archer  Coe  met  his  death?  Was  it 
the  same  hand  that  fired  a  bullet  into  his  dead  body? 


Wh 


In  the  First  Installment: 


'hen  Philo  Vance  and  John  F.-X.  Markham  (dis- 
trict attorney  of  New  York  County)  went  to  Archer 
Coe's  brownstone  house  In  West  Seventy-first  Street  to 
investigate  the  "suicide"  of  Archer  Coe,  it  was  to  find 
the  dead  man  still  sitting  in  an  armchair  beside  the 
desk  in  his  bedroom,  with  a  revolver  clutched  in  his 
right  hand  and  the  door  firmly  bolted  on  the  inside. 
Markham  had  been  notified  of  the  finding  of  the  body 
by  Raymond  Wrede,  an  intimate  friend  of  the  Coe  fam- 
ily, who  did  not  think  Coe  would  have  shot  himself. 

Sergeant  Heath  and  Detective  Hennessey  burst  open 
the  heavy  door,  and  a  closer  examination  of  the  body 
revealed  that  though  the  dead  man  was  clad  in  a  dress- 
ing gown,  on  his  feet  were  heavy  street  shoes.  Doctor 
Doremus,  the  coroner,  discovered  that  Coe  had  been 
stabbed  before  he  was  shot  in  the  right  temple.  He 
had  also  received  a  blow  on  the  head  from  a  blunt 
instrument.  But  the  windows  of  the  room'  were  all 
locked,  and  there  was  no  other  means  of  entering  it. 

While  Vance  tried  to  reconcile  these  apparently  irrec- 
oncilable facts.  Gamble,  the  Coe  butler,  interrupted  him 
to  announce  he  had  found  a  wounded  dog  in  the  en- 
trance hall.  The  dog  proved  to  be  a  small  brindled 
Scottish  terrier — a  good  breed,  as  Vance  instantly  recog- 
nized. There  was  a  clotted  wound  over  her  left  eye,  and 
the  eye  Itself  was  swollen  shut.  Vance  took  the  dog  to 
a  veterinary  in  the  neighborhood,  hoping  to  discover 
the  reason  for  her  presence  in  the. house  at  that  time. 

Vifagroph,  Inc  ,  Dittribufon 


On  the  night  of  the  murder,  Vance  discovered,  only 
Coe  himself  had  had  dinner  at  home.  Hilda  Lake,  Coe's 
niece,  had  been  at  the  country  club  and  had  not  come 
back  until  after  one;  Mr.  Grassi,  an  Italian  collector 
of  ceramics  and  a  guest  of  Coe's  (a  noted  collector  him- 
self) ,  had  gone  out  in  the  afternoon  and  had  not 
returned  until  very  late;  Brisbane  Coe,  Archer's  brother, 
had  left  on  the  five -thirty  train  for  Chicago. 

There  were  only  two  other  servants  besides  Gamble — 
Miss  Lake's  personal  maid  and  the  Chinese  cook,  both 
of  whom  had  left  the  house  before  dinner  and  returned 
about  midnight.  It  seemed  clear  that  none  of  these  could 
have  been  on  the  ground  at  the  time  of  the  murder, 
but  suddenly  Vance  startled  everyone  by  stating  that 
Brisbane  Coe  had  undoubtedly  been  in  the  house 
that  night  because  the  ivory-headed  cane  which  Gamble 
had  said  he  carried  when  he  left  for  the  station  was 
hanging  over  the  back  of  a  chair  in  the  entrance  hall. 


The  Missing  Man 

Vv-  (Thursday,  October  11;  11:45  a.m.) 
ANCE'S  ANNOUNCEMENT  that  the  ivory-headed 
stick  which  Brisbane  Coe  had  taken  with  him 
when  he  set  out  for  Chicago  was  at  that  moment 
hanging  over  a  chair  in  the  front  hall,  threw  a  pall  of 
vague  horror  over  all  of  us.  I  was  watching  Gamble, 
and  again  I  saw  the  pupils  of  his  eyes  dilate.  Unsteadily 
he  rose,  and  bracing  himself  with  one  hand  on  the 
back  of  his  chair,  glared   at   Vance   like   a   man   who 


Hearst's  Jnternational-CosniopoMtan  for  December 


had  seen  a  ma 
lignant  specter. 

"You — are    sure 
you    saw    the    stick, 
sir?"   he   stammered 
"I  didn't  see  it.    And  Mr 
Brisbane   never   hangs   his 
stick  over  the  hall  chair.    He 
always  puts  it  in  the  umbrella 
stand.    Maybe  someone  else ' 

"Don't    be    hysterical,    Gamble," 
Vance  interrupted  curtly.     "Who  but 
Mr.  Brisbane  himself  wouid  bring  that         ^  V 
precious  stick  back  to  the  house  and  hang        "ss^ 
it  over  a  chair  in  the  hall?"  X 

"But  Mr.  Vance,  sir,"  the  man  persisted  in  an      N. 
awed  tone,  "he  once  reprimanded  me  for  hanging        - 
it  over  a  chair — he  said  that  it  might  fall  and  get      ^ 
broken.    Why,  sir,  should  he  hang  it  over  the  chair?" 

"Less  noisy,  perhaps,  than  chucking  it  into  a  brass 
umbrella  holder." 

Markham  was  leaning  over  the  desk  scowling  at 
Vance.    "What  do  you  mean  by  that?"  he  demanded. 

Vance  lifted  his  eyes  slowly.  "I  opine,  my  dear 
Markham,"  he  said,  "that  brother  Brisbane  didn't 
want  anyone  to  hear  him  when  he  returned  here 
last  night." 

"And  why  do  you  'opine'  any  such  thing?"  Mark- 
ham's  irritation  was  bordering  on  anger. 

"There  may  have  been  sinister  business  afoot,"  Vance 


go  on  wit^the  story 

from  the  biggest  mystery  buy 
of  the  year,  in  which  William 


y 


scores  again  in  FHILO  VANCE  role"  (N.  Y.  Daily 
News)  .  .  .  "undoubtedly  his  most  popular  character 
.  .  .  providing  great  entertainment  which  will  baffle 
and  entertain  all  detective  story  fans'^  (N.  Y.  Mirror). 


MOTION  PICTURE 

DAILY 


Monday,  October  30,    1933 


Code  Benefit 
To  Be  Applied 
On  Contracts 


iContiiiiu'il  from   t^aiu'  1  ) 

recognition  of  it  on  the  distributor's 
l>art  to  penalize  them  for  their  pat- 
ronage." 

In  any  event,  distributors  agree, 
nothing  in  existing  contracts  contrary 
to  the  code  will  prevail.  This  is  speci- 
fied in  the  code  itself,  which  states 
that  in  the  case  of  conflicting  pro- 
visions, those  of  the  code  shall  pre- 
vail. 

There  will  be  no  necessity  of  sales- 
men being  returned  to  the  field  to 
make  new  deals  where  contracts  have 
been  closed  already  in  order  to  grant 
signed  up  exhibitors  any  rights  un- 
der the  code,  it  was  said. 


Rosenblatt  Asks  for 
Horwitz  Conference 

{Contiiutcd  from   paqc  1) 

going  over  his  head  to  Gen.  John- 
son, or  it  may  he  a  part  of  Rosen- 
blatt's investigation  of  the  recent  tele- 
gram barrage   started  by   .\llied. 

Wa.shixgton,  Oct.  29. — Nothing 
could  be  learned  here  today  as  to  the 
reason  for  Sol.  A.  Rosenblatt's  re- 
quest to  M.  B.  Horwitz  to  come  to 
Washington.  Rosenblatt  is  in  .At- 
lanta. 


Betterment  Group 
Seeks  Code  Change 

{Continued  from   patu'   1) 

and  presentation  houses  a  clause  speci- 
fying the  maximum  number  of  per- 
formances and  hours  and  incorporat- 
ing the  association's  projKDsal  for 
bonding  all  employers  of  talent  as  a 
means  of  protecting  payment  of 
salaries  to  artists. 


Missouri  Sales  Tax 
Meeting  Opposition 

(Continued  from   piufc   1) 

per  cent  levy  on  retail  sales  will  pass 
the  House,  in  the  Senate  it  will  be  a 
different  story,  as  considerable  oppo- 
sition has  arisen. 

Film  industry  representatives  plan 
to  attend  hearings  on  various  tax 
measures  scheduled  this  week  by  the 
House   Ways   and    Means    Committee. 

Four  sales  tax  bills  have  been  in- 
troduced, two  calling  for  a  one  i)er  cent 
levy  and  two  imposing  a  two  per  cent 
assessment.  The  chief  difference  in 
the  bills  has  to  do  with  certain  exemp- 
tions. 

Opponents  of  a  sales  tax  brand  that 
method  of  revenue-raising  and  relief 
"unfair."  Some  say  higher  taxes  on 
beer  and  a  stiff  tax  on  hard  liquor, 
which  will  come  with  repeal,  will  fill 
the  need.  Others  advocate  doubling 
the  gasoline  tax  to  four  cents  a  gallon. 

An  administration  bill  has  been 
plaxred  in  the  hopper  providing  for 
an  increase  of  from  50  cents  per  $1,000 
to  $1  in  the  corporation  franchise  tax. 


'Galloping  Romeo 


(  Moiiograiii ) 

This  western  carrie.s  its  share  of  action,  plot  and  heroics  with  a  Httle 
more  love  interest  than  is  usually  found  in  the  two-gun  melodramas. 
Audiences  who  like  their  thrills  on  horseback  should  approve  of  it. 

Bob  Steele,  teamed  with  a  kindly  old  cavalier  of  the  plains  known  as 
"Cjrizzly,"  endeavors  to  end  the  mysterious  theft  of  money  shipments 
during  stage  coach  transit  by  taking  over  the  job  of  driving  and  guard- 
ing the  coach.  Their  first  effort  results  in  an  attempted  hold-up  of  the 
ctiach,  which  they  succeed  in  foiling.  Tlie  second  results  in  the  discovery 
oi  Doris  Hill  inside  a  trunk  aboard  the  coach  and  alongside  the  strong 
box  containing  the  money.  With  a  duplicate  key  she  had  been  able  to 
remove  the  money  from  the  box  and  lock  it  again,  which  accounted  for 
the  mysterious  thefts  discovered  only  when  the  strong  box  was  delivered 
empty  at  its  destination.  Steele  was  in  love  with  the  girl,  who,  it 
develops,  was  forced  into  her  criminal  activity  by  an  avaricious  father 
who  leceived  the  money.  With  the  apprehension  of  the  father,  Steele 
keeps  the  evidence  incriminating  the  girl  to  himself,  bringing  about  the 
satisfving  solution  of  the  romance. 


.Spki.ngkield,  111.,  Oct.  29.— The  Illi- 
nois Supreme  Court  is  not  expected  to 
hand  down  its  decision  in  the  state 
sales  tax  case  before  late  December 
or  perhaps  not  until  February.  The 
constitutionality  of  the  law  has  been 
<|uestioned  by  its  opponents. 


'Her  Forgotten  Past'' 

(May  fair) 

Romance  and  politics  are  mixed  in  this  melodrama  which  is  best 
suited  tor  neighborhood  houses.  It  has  a  name  cast  with  Monte  Blue 
and  Barbara  Kent  as  topnotchers  and  Henry  B.  Walthall,  Eddie  Phil- 
lips,  William   Y.   Mong  and   Dewey   Robinson   in   support. 

Marrying  Phillips,  the  family  chauffeur,  against  her  father's  wishes, 
Miss  Kent  shortly  after  learns  Walthall  was  right.  Phillips  turns 
out  to  be  a  gambler  and  forger  and  is  reported  dead  in  an  auto  acci- 
dent. Later  the  heroine  marries  Blue,  district  attorney  who  is  cam- 
paigning for  re-election.  Blue  refuses  to  listen  to  bribe  offerings  of 
Robinson  and  the  latter  tries  to  prevent  the  re-election.  He  hires  Mong, 
a  former  servant  of  Blue's,  to  plant  evidence  in  the  district  attorney's 
liome  that  would  create  a  scandal.  W^hile  Mong  is  carrying  out  the 
job  he  kills  Phillips,  who  shows  up  again  and  is  leaving  the  house 
with  jewelry  and  cash  given   him  by  Miss  Kent  as  hush  money. 

Robinson  tries  to  use  the  murder  as  a  bludgeon  to  prevent  Blue 
from  running  again,  but  the  D.  A.  comes  right  back  at  him  and  solves 
the  killing.  At  the  same  time  he  cleans  up  the  town  of  its  undesir- 
ables. 

Audience  reaction   in  a  neighborhood  house  was  negative. 


*'Her  Splendid  Folly'' 

{Hollyxvood) 

Willis  Kent  has  produced  in  "Her  Splendid  Folly"  a  film  that  has 
numerous  selling  angles.  Set  in  a  picture  studio  atmosphere,  it  con- 
tains one  thrilling  sequence  in  which  a  speeding  car  plunges  over  a 
cliff,  a  tearful  moment  or  two,  a  love  romance  in  the  approved  Holly- 
wood fashion  and  plenty  of  hokum. 

The  story  is  somewhat  off  the  beaten  track.  A  screen  star,  killed  in 
the  car  incident,  is  of  such  importance  to  her  producer  that  he  resorts 
to  the  expedient  of  letting  her  double  pose  publicly  as  her  in  order  that 
his  production  maj'  be  saved.  Of  course  the  public  is  told  that  the  one 
killed  was  an  extra  girl  doubling  for  the  star.  Thus  her  masquerade 
is  not  detected.  Only  the  producer,  director  and  her  leading  man,  with 
whom  she  is  in  love,  know  of  the  trickery  being  played  on  the  public. 
The  whole  thing  blows  up  when  a  heavy  who  had  been  married  to  the 
star  demands  his  marriage  rights.  There  is  no  other  way  to  save  the 
young  lady  from  going  to  prison  for  bigamy  but  to  reveal  the  truth. 

The  cast  is  good.  Lillian  Bond,  playing  a  double  role,  pairs  up 
handsomely  with  Theodore  Von  Eltz,  who  is  the  lover.  Alexander 
Carr,  as  the  producer,  plays  just  as  one  expects  such  a  role  to  be  played 
in  the  movies — that  is,  with  j)lenty  of  exaggerated  comedy.  Beryl 
Mercer  lends  a  touching  note  as  the  mother  of  Miss  Bond. 


''Dinner"  $14,000,  Chicago 

Chic.vgo,  Oct.  29.  —  "Dinner  at 
Eight,"  being  roadshown  at  the  Apollo 
at  50  cents  to  $1.50,  stands  to  garner 
$14,(X)0  for  the  opening  week  ending 
yesterday.  The  picture  is  being  shown 
under  a  three-week  lease,  with  the 
option  of  continuing  if  business  war- 
rants it.  Sam  Blair  is  here  from  the 
east  tf)  handle  the  showing. 


O'Heron  Hurdles  "Flu" 

H(ii.i.vw(K)0,  Oct.  29.  —  Frank 
O'Heron,  vice-president  of  Ra'dio  Pic- 
tures, has  recovered  from  a  brief  siege 
of  the  "flu"  and  is  back  at  the  studio. 


"Lips  Betray"  to  Roxy 

"My  Lips  Betray"  has  been  booked 
into  the  Old  Roxy  starting  Nov.  3,  in- 
stead of  "The  Mad  Game,"  which  is 
now   .set    for   Nov.    10. 


Allied  Bases 
Campaign  on 
Chicago  Meet 


(Continued  from  paiic  1) 
fair  administration  of  the  code"  until 
the  object  was  accomplished,  the  bulle- 
tin details  the  arrangements  which 
have  been  made  for  financing  Allied's 
campaign. 

.\  draft  for  SIO  was  drawn  on  each 
of  the  approximately  500  exhibitors 
in  attendance  at  the  Chicago  meeting 
and  a  request  was  made  that  each  of 
these  make  a  draft  for  a  like  amount 
on   five  others. 

"In  a  few  well-organized  terri- 
tories," the  Allied  bulletin  states,  "the 
leaders  volunteered  to  carry  out  this 
plan.  In  others,  the  drafts  will  be 
iijade  i)y  Sidney  E.  Samuel  son  of  New 
Jersey  .\llied,  as  the  designated  repre- 
sentative  of  the   executive   committee. 

"Under  this  plan  adetiuate  funds 
will  be  raised  to  provide  for  retaining 
such  additional  professional  and  other 
assista.nce  as  may  be  needed." 

The  "professional  assistance"  re- 
ferred to  is  believed  to  be  the  "best 
Democratic  lawyer  available  .  .  . 
powerful  and  influential  enough  to  get 
our  protest  direct  to  the  President," 
as  urged  by  W.  .\.  Steffes  at  the 
Chicago  meeting. 


Local   306    Submits 
Terms  to  the  ITOA 

(Continued  from  pacie  1) 

theatres  seating  up  to  600;  $105  for 
theatres  seating  from  600  to  900 ;  and 
from  $105  to  $190  for  seating  capaci- 
ties from  900  and  up.  Also  to  take  in 
members  of  .\llied  M.  P.  Operators 
union. 


Lihson  May  Go  Into 
RKO  Midwest  Board 

(Continued  front   pni/e   1) 

RKO,  when  the  former  issued  $3,500,- 
000  sinking  fund  debentures  several 
months  ago,  due  in  1940,  to  secure  an 
extension  of  a  like  amount  of  notes 
then  outstanding,  and  maturing  in 
1935. 

.Approximately  $30,000  in  interest 
on  notes  is  said  to  fall  due  next  month 
and  will  be  met,  according  to  well- 
informed    interests. 

RKO  Midwest  operates  the  Albee, 
Palace,  Capitol,  Lyric,  Grand,  Strand 
and  Paramount  here ;  Keith's,  Co- 
lonial and  State,  at  Dayton,  and  the 
Palace  and  Majestic,  at  Columbus. 
The  houses  formerly  were  under  con- 
trol and  operation  of  Libson  and  his 
associates,  from  whom  Midwest  inter- 
ests ac(|uired  them  under  lease. 


Try  Thursday  Openings 

Cdi.iMBis,  Oct.  Jy. — Loew's  Broad 
has  switched  from  Friday  to  Thurs- 
day oi)enings,  thus  bringing  the  house 
in  line  with  Neth's  Grand,  independent 
first  run. 

Loew's  Ohio  and  the  RKO  Palace, 
both  first  run  spots,  will  continue  to 
change  on   Friday. 


"Mexico"  for  Playhouse 

The  55th  .Street  Playhouse  will 
open  its  .season  Oct.  31  with  a  policy 
of   American  and  foreign   films. 


Universal's  New  Deal! 


YAMINS  CIRCUIT 

Nate  Yamins 

Operating  the  following  theatres  in  Fall  River,  Mass: 
Durfee,  Empire,  Capitol  Park  and  Strand, 

signs  for 


UNIVERSAL 

— Features,  News,  Serials  and  Shorts,  1933-34 


ThankSf  Mr.  Yamins,  for  your  confidence 
in  Universal  Pictures.  We  will  do  our  part. 


MOTION  PICTURE 

DAILY 


Monday,  October  30,   1933 


Mae  Lures  'Em 
At  Paramount; 
$83,450  Wow 


For  actual  performance,  nothing  on 
the  street  touched  "I'm  No  Angel" 
last  week  with  $83,450.  It  looks  like 
a  repeat  this  week  with  the  Paramount 
heading  for  $70,000  on  a  second  stanza 
for  the  "come  up  and  see  me  some 
time"  star.  That's  business  that  can't 
be  laughed  off  and  nobody's  trying 
except,  perhaps,  some  of  the  competi- 
tive theatres. 

Other  draws  of  real  magnitude  were 
"Footlight  Parade,"  which  gave  the 
Strand  $36,902  for  a  second  week,  and 
"The  Bowery,"  which  finished  at  $26,- 
695  at  the  Rivoli :  likewise,  a  second 
week. 

"The  Private  Life  of  Henry  VIII" 
proved  a  money-getter  at  the  Music 
Hall,  where  the  adding  machines 
stopped  at  $103,000,  not  far  re- 
moved from  "Cavalcade's"  perform- 
ance at  the  same  theatre.  Competition 
made  the  going  very  tough  for  the 
Rialto  and  "My  Woman,"  the  gross 
there  hitting  a  pretty  low  spot  at 
$8,500. 

Estimated  takings  for  period  indi- 
cated : 

Week  Ending  Oct.  18: 
"EVER  IN  MY  HEART"   (Warners) 

HOLLYWOOD— (1. 545),  25c-85c,  7  days. 
Gross:  $8.2%. 

"PRIVATE   LIFE  OF   HENRY  VIII" 
(U.   A.) 

RKO  MUSIC  HALI^(5.945>.  35c-$1.65,  7 
Mays.    Staee    show.    Gross:    $103,000. 

"FOOTLIGHT  PARADE"  (Warners) 

STRAND— (2.000).  35c-$l,25.  2nd  week.  7 
davs.  Gross:  $36,902. 

Week  Ending  Oct  19: 

"S.  O.  S.  ICEBERG"   (Univ.) 

CAMEO— (549).  25c-40c,  7  days.  Gross: 
$3,924. 

"NIGHT   FLIGHT"    (M-G-M) 

CAPTTOL— (4.700).  35c-$1.65,  2nd  week.  7 
days.  Stage:  Al  Trahan.  John  Fogarty,  Ted 
Healy.  Enrica  &  Novello,  Pasquali  Bros, 
and    others.     Gross:    $28,500. 

"ANN   VICKERS"    (Radio) 

PALACE— (2.50O).  25c-75c,  7  days.  Stage 
show.   Gross:   $12,091. 

"I'M  NO  ANGEL"   (Para.) 

PARAMOUNT— (3.700).  36c-99c.  7  days. 
Stage;  Ethel  Shutta.  George  Olsen  and 
band.   Gross:   $83,450. 

"MY   WOMAN"    (Col.) 

RIALTO— (2.200).  40c-65c,  7  days.  Gross: 
$8,500. 

"SATURDAY'S     MILUONS"     (Univ.) 

ROXY— (6.200).  25c-55c.  7  dav<i.  Stage 
show.   Gross:  $21,500. 

Week  Ending  Oct.  20: 

"ANN    VICKERS"    (Radio)^!    days 
"BIG  EXECUTIVE"   (Para.)— 3  days 

RKO  ROXY— (3,700).  25c-55c.  7  days. 
Gross:    $11,000. 

Week  Ending  Oct.  22: 
"DINNER   AT   EIGHT"    (M-G-M) 

.\.STOR-n.012).  55c-$2.20.  8th  week,  7 
days.    Gross:    $11. .500. 

"RP.RKELEY  SQUARE"  (Fox.) 
GAIETY- f80R).     5.5c-$1.65.     5th     week,     11 
riays.   Gro»t:   $10,100. 

"BEFORE    DAWN"    (Radio) 
MAYFATR— (2,300),       3Sc-85c,      7       days. 
Gross:    $7  700 

Week  Ending  Oct.  24: 

"THE   BOWERY"   (U.   A.) 

RIV'OLI— (2.200).  35c-99c.  3rd  week.  7  days. 
Gross:    $26,695. 


Cleary  on  His  Own 

Clevel.\xd,  Oct.  29. — Fred  Cleary, 
manager  of  the  Allen  until  his  resig- 
nation last  week,  has  leased  the  Coli- 
seum, Mansfield.  This  is  a  large 
dance  hall,  where  Cleary  plans  to 
present  wrestling  matches,  musical 
shows,  the  auto  show  and  whatever 
specialty  attractions  come  along. 
.Associated  with  Cleary,  who  was  for- 
merly assistant  manager  of  Cleve- 
land's Public  Auditorium,  is  George 
Gilliam,    one-time    Stillman    manager. 


Seattle  Top, 
"Bowery,"  Is 
$6,000  Draw 


SK.vrrLE,  Oct.  29. — "The  Bowery" 
sent  Hamrick's  Music  Box  up  to 
$6,000  last  week.  This  is  $2,000  over 
normal. 

Reopening  of  the  Orpheum  has 
added  about  2,500  seats  to  the  local 
first  run  situation.  Vaudeville  and 
"Bureau  of  Missing  Persons"  pulled 
$9,000. 

"Dinner  at  Eight,"  as  a  roadshow 
at  the  Metropolitan,  did  an  average 
business  at  $1.65  top,  but  local  show- 
goers  seem  to  wait  for  these  roadshow 
pictures  to  return  at  regular  prices. 
"Penthouse"  at  the  Fifth  Avenue  and 
"Ann  Vickers"  at  the  Blue  Mouse 
were  below  par,  and  "Solitaire  Man" 
at  the  Paramount  was  pulled  after  four 
days  and  "Berkeley  Square"  was  put 
on  cold,  to  build  up  fairly  well. 

First  run  total  for  the  week  was 
$39,500.    Average  is  $38,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  21  : 

"ANN    VICKERS"    (Radio) 

BLUE  MOUSE— (950),  25c-35c-40c-55c.  7 
days.    Gross:    $3,500.    (Average,    $4,000.) 

"PENTHOUSE"  (M-G-M) 

FIFTH  AVENUE— (2,450).  25c-35c-40c-5Sc, 
7  days.  Gross:  $5,500.   (Average,  $7,000.) 

"CURTAIN   AT   EIGHT"    (MajesHc) 

LIBERTY— (1,800),  IOc-15c-25c  7  days. 
Gross:    $4,250.    (Average,   $4,000.) 

"THE   BOWERY"    (U.   A.) 

MUSIC  BOX— (950),  25c-35c-40c-55c,  7 
days.    Gross:    $6,000.    (Average,   $4,000.) 

"BUREAU    OF    MISSING   PERSONS" 

(F.  N.) 

ORPHEUM-(2,500).  25c-35c-40c-55c,  6 
days.  Vaudeville  headed  by  Clarence  Stroud 
and    Beth    Dodge.    Gross:    $9,000. 

"THE  SOLITAIRE  MAN"   (Para.) 

PARAMOUNT— (3,050),  25c-35c-40c-S5c,  4 
davs.  Gross:  $2,500.  (Average  for  7  davs. 
$6,000.) 

"BERKELEY    SQUARE"    (Fox) 

PARAMOUNT— (3,050).  25c-35c-40c-5Sc,  3 
days.  Gross:  $2,750.  (Average  for  7  days, 
$6,000.) 

"SATURDAY'S    MILLIONS"    (Univ.) 

ROXY— (2,275).  25c-35c-50c.  8  davs.  Gross: 
$6,000.    (Average,    $6,500.) 

"DINNER   AT   EIGHT"    (M-G-M) 

METROPOLITAN— (1,800),  75c-$1.10$l.f>S. 
7   days.   Twice  daily.   Gross:   $5,000. 


"Angel"  Is  $10,000 
Indianapolis  Lead 


Oct.     29.  —  Fifteen 

teachers    in   the   city 

part  of  last  week  put 

a   good  humor   for   a 

three  of  the  four  first 

"I'm  No  Angel"  was 

a    gross   of   $10,000, 

over    par    and    very 

house    even    in    pre- 

four    first    runs    was 
is  $20,500. 
ngs  for  the  week  end- 


Indianapolis, 
thousand    school 
during  the  latter 
theatre  men  in 
change  and  sent 
runs  over  pax. 
the   leader   with 
which    is   $6,500 
good    for    that 
depression  days. 

Total    for   the 
$25,000.  Average 

Estimated  taki 
ing   Oct.   21 

"WALLS   OF   GOLD"   (Fox) 

APOLLO— (1.100),  25c-40c,  7  days.  Gross: 
$3,000.    (Average,   $2,500.) 

"I'M   NO   ANGEL"    (Para.) 
CIRCLE— (2  800),    2;c-40c,    7   days.    Gross: 
$10,000.    (Average,   $3,500.) 

"ONE  MAN'S  JOURNEY"   (Radio) 
INDIANA— (3..300),  25c-S5c,  7  days.   Stage 
show.    Gross:    $7,000.    (Average,   $10,000.) 
"THE    BOWERY"    (U.   A.) 
PALACE— (3,000),  25c-40c,  7  days.  Gross: 
$5,000.    (Average,   $4,500.) 


Reorganization  Set 

Publix  Enterprises,  large 
theatre  subsidiary  of  Para- 
mount Publix,  will  be  bought 
up  by  a  new  corporation  to  be 
organized  by  the  Paramount 
trustees  in  the  near  future, 
relieving  Irving  Trust  Co.  of 
the  trusteeship  of  the  theatre 
organization  and  ending  the 
Publix  Enterprises  bank- 
ruptcy. 

In  their  third  report,  filed 
Saturday,  the  Paramount  trus- 
tees state  that  reorganization 
of  Publix  Enterprises  has 
progressed  so  far  that  it  "will 
soon  be  included  under  the 
same  administration  as  that 
of  the  other  Paramount  Pub- 
lix subsidiaries,"  meaning  the 
Paramount  trustees. 


a 


Silk  Express"  at 
$3,000,  Portland 

Portland,  Oct.  29. — "Silk  Express" 
easily  took  first  honors  among  the  lo- 
cal first  runs  last  week,  with  a  gross 
of  $3,000,  up  by  $1,200.  Great  Ray- 
mond &  Co.  on  the  stage  helped. 

"Love,  Honor  and  Oh,  Baby"  was 
$800  over  the  normal  $3,000  at  Ham- 
rick's Music  Box,  "Too  Much  Har- 
mony" was  $700  up  at  the  Liberty, 
and  "Midshipman  Jack"  took  a  strong 
$2,500  at  Hamrick's  Oriental. 

Total  first  run  business  was  $22,300. 
Average  is  $19,600. 

Estimated  takings  for  the  week  end- 
ing Oct.  21 : 

"LOVE,  HONOR  AND  OH,  BABY" 
(Univ.) 

HAMRICK'S  MUSIC  BOX— (2,000),  25c- 
35c-40c,  7  days.  Gross:  $3,800.  (Average, 
$3,000.) 

"MIDSHIPMAN    JACK"    (Radio) 

HAMRICK'S     ORIENTAL- -(2.040).     25c- 
35c.  7  days.  Gross:  $2,500.   (Average,  $;5,000.) 
"BEAUTY    FOR    SALE"    (M-G-M) 

BROADWAY— (1,912),  25c-35c-40c.  7  days. 
Gross:    $5,500.    (Average,    $6,000.) 

"NIGHT  FLIGHT"  (M-G-M) 

UNITED  ARTISTS  —  (945),  25c-35c-40c, 
7  days,  2nd  week.  Gross:  $5,000.  (Average, 
$5,000.) 

"TOO    MUCH    HARMONY"    (Para.) 

LIBERTY— (1,800),     25c-35c-40c,     7     days. 

Vaudeville.   Gross:   $2,500.    (Average,  $1,800.) 

"SILK    EXPRESS"    (Warners) 

HAMRICK'S  PLAYHOUSE— (1,600),  25c- 
35c-40c.  Great  Raymond  &  Co.  Gross: 
$3,000.    (Average,    $1,800.) 


Publicist  Writes  Novel 

Chicago,  Oct.  29. —  Madeline  Woods, 
for  many  years  in  charge  of  publicity 
and  advertising  for  Great  States  The- 
atres, is  the  author  of  a  first  novel, 
"Scandal  House,"  which  came  off  the 
press  recently.  The  publisher,  Julian 
Messner,  formerly  with  Liveright,  has 
taken  an  option  on  Miss  Woods'  next 
two  novels. 

Film  rights  have  been  negotiated 
by  Miss  Woods.  In  recent  months 
Miss  Woods  has  been  booking  "The 
Big  Drive,"  for  which  she  held  a 
franchise  for  several  western  states. 


Atlanta  Meet  Opens 

.Atlanta,  Oct.  29. — First  of  the 
three-day  annual  convention  of  South- 
eastern Theatre  Owners  .'Xss'n  opened 
here  yesterday. 


Canton  Scales  Lifted 

Canton,  O.,  Oct.  29. — Young  & 
Rinehart,  operating  the  Mozart  and 
McKinley,  have  advanced  admissions 
from  10  to  15  cents. 


Trustees  Ask 
Check  on  All 
Para.  Funds 


(Continued  from  pacic   1) 

sidiary  company  would  have  to  be 
explained  in  statements  to  the  trustees. 

"The  principal  variable  factor  in  ex- 
penditures," the  trustees'  report  states, 
"is  production  expenses,  which  repre- 
sent a  very  large  part  of  the  total 
expenditures  of  the  organization  and 
are  incurred  principally  at  the  studio." 

A  spokesman  for  the  trustees  told 
Motion  Picture  Daily  that  the  plan, 
which  must  have  the  approval  of 
Referee  Davis  and  the  U.  S.  District 
Court,  did  not  contemplate  "interfer- 
ence" by  the  trustees  in  production 
policies,  but  did  involve  a  careful 
check  and  probable  stoppage  of  large 
amounts  now  being  expended  by  the 
production  department. 

Would  Approve  Contracts 

All  contracts  entered  into  by  any 
of  the  active  Paramount  subsidiaries 
would  also  have  to  be  approved  first 
by  the  trustees  or  their  designated 
agents  or  representatives,  which  in  the 
case  of  contracts,  at  least,  could  be 
the  executive  committee  of  the  subsi- 
diary involved,  although  this  commit- 
tee must  have  the  consent  of  either 
Charles  D.  Hilles,  Eugene  W.  Leake 
or  Charles  K.  Richardson,  the  trus- 
tees, to  act. 

Any  change  in  the  quarterly  budgets 
submitted  by  the  subsidiaries  must  have 
the  approval  of  the  trustees.  This,  too. 
seems  aimed  at  Hollywood,  in  particu- 
lar, because  of  the  "variable"  nature  of 
production  expenditures.  Weekly  or 
bi-weekly  advances  to  subsidiaries 
would  he  made  by  the  trustees  only  on 
requisition  describing  what  they  are  to 
be  used  for. 

Under  the  plan  for  bringing  the  sub- 
sidiaries under  closer  control  of  the 
trustees  is  a  provision  that  all  cash 
receipts,  domestic  and  foreign,  of 
Paramount  Distributing  Corp.  and 
Paramount  International  would  be 
transferred  to  one  or  more  special  ac- 
counts in  the  name  of  the  trustees  and 
paid  out  to  any  of  the  subsidiaries  only 
as  needed.  Payments  would  be  made 
in  the  form  of  deposits  in  the  sub- 
sidiaries' names  in  a  bank,  with  with- 
drawals from  these  accounts  permitted 
only  by  instructions  of  the  trustees 
and  by  checks  countersigned  by  their 
agents. 


Report  Para.  Cash 
Totals  $2,074,480 

(Continued  from  paqc   1) 

Sept.  29,  were  $1,589,713.'  On  July  8, 
cash  in  banks  was  $846,634.  Dis- 
bursements for  the  period  covered  by 
the  report  aggregated  $361,867,  most 
of  which  was  for  1929  taxes.  Ad- 
vances to  subsidiary  companies  during 
the  i)eriod  amounted  to  only  $47,500. 

The  trustees  note  in  their  report 
that  no  dividend  is  recommended  at 
this  time  because  of  the  advisability 
of  keeping  sufficient  cash  on  hand  to 
meet  operating  and  other  expenses.  No 
payments  have  been  made  by  the  trus- 
tees to  attorneys  or  accountants  re- 
tained by  them  and  no  fees  have  been 
paid  yet  to  the  equity  receivers,  Adolph 
Zukor  and  Hilles,  or  their  attorneys 
or  accountants,  the  report  states. 


_ 


The  Leading 

Daily 

Newspaper 

of  the' 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Indltstry 
in  All 
Branches 


VOL.  34.  NO.  103 


NEW  YORK,  TUESDAY,  OCTOBER  31,  1933 


TEN  CENTS 


Reorganizing 
Set  on  Eight 
Para.  Groups 

Four   to   Go,  Report  by 
Trustees  Indicates 


Reorganization  of  eight  bankrupt 
theatre  subsidiaries  of  Paramount 
Publix  and  progress  in  reorganization 
of  four  additional  circuits  is  recorded 
in  the  third  report  of  the  Paramount 
trustees  filed  Saturday  with  Referee 
Henry  K.  Davis,  by  Charles  D.  Hilles, 
Eugene  W.  Leake  and  Charles  E. 
Richardson. 

Circuits  already  reorganized  are: 
A.  H.  Blank,  Nebraska  and  Iowa ; 
Southern  Enterprises,  Texas ;  Publix 
Newport  News ;  Virginia-Tennessee 
Theatres,  Inc. ;  Publix  Virginia,  Inc. ; 
Augusta  Amusements,  Inc.,  Georgia ; 
Dent  Theatres,  Inc.,  Texas ;  and  a  10 
months'  minimum  operating  plan  for 
Publix  Detroit  theatres. 

Circuits  on  which  reorganization  is 
still  in  progress  are  Olympic  Thea- 
tres, Inc.,  New  England ;  G-B  Cir- 
cuit, New  England ;  Saenger  Theatres, 
Southern  States,  and  the  Minnesota 
Amusement  Co. 

Other  Paramount  Publix  properties 
affected  by  plans  either  completed  or 

iContinued  on  page  6) 


Para.  Claims  Put 
At  $319,000,000 

A  final  tabulation  of  creditors' 
claims  filed  against  Paramount  Publix 
showed  a  total  of  about  $319,000,000, 
the  third  report  of  the  Paramount 
Public  trustees  records. 

Of  this  amount,  the  report  states, 
about  $36,000,000  represents  claims 
(Continued  on  page  6) 


Goldwyn  Blasts 
Warner's  Charge 

Hollywood,     Oct.     30. — Answering 

Jack    Warner's    attack    on    him    last 

week    for    his    resignation    from    the 

Producers'    Ass'n   over    its    espousal 

(Continued  on  page  8) 


Pigs  vs.  Pastramis 

Moe  Streimer,  U.  A.  branch 
manager,  says  that  "Three 
Little  Pigs"  should  have  been 
named  "Three  Little  Pastra- 
mite"  for  the  benefit  of  a 
number  of  local  exhibitors. 


Heavy  Italian 
Tax  Effective 
Soon  on  Films 


Levy    of    25,000    Lire    is 
Proposed  on  Dubs 


Rome,  Oct.  30. — Italy's  new  legis- 
lation imposing  severe  tax  and  dub- 
bing tributes  on  all  foreign  films  is 
expected  to  go  into  effect  in  the  near 
future  following  the  failure  of  Amer- 
ican distribution  agents'  protests  to 
the  government  that  the  new  laws 
would  burden  the  American  export 
industry  with  an  unbearable  tax  of 
$1,120,000  annually  and  comprised 
discrimination  against  American  film 
distributors. 

The  new  legislation  specifies  that 
all  foreign  films  must  be  dubbed  in 
Italy  and  imposes  a  tax  of  25,000 
(Continued  on  page  6) 


Sale  of  Poll  Gets 
Approval  of  Court 

Hartford,  Oct.  30. — Judge  Edwin 
S.  Thomas  in  Federal  Court  here  to- 
day confirmed  the  auction  sale  of  Fox 
New  England  theatres  in  Massachu- 
setts and  Connecticut  to  John  A.  Mc- 
Naughton  and  W.  B.  S.  Rogers  for 
$3,101,000  last  week. 


Reorganization  plan  of  Poli-New 
England  Theatres,  Inc.,  is  set  and 
awaits  approval  of  the  court.    Under 

(Continued  on  page  6) 


Like  Mae's 

"We  had  an  earthquake  out 
here  the  other  night,"  said 
Will  Rogers  over  the  air  Sun- 
day night.  "It  shook  the 
Writers'  Club  building  to  its 
second  mortgage  and  made 
the  side  shake  like  Mae 
West's.  The  Chamber  of 
Commerce  probably  will  say 
that's  one  of  Will's  bum 
jokes,  but  it  happened." 

Later : 

"Warners  are  going  to  make 
the  life  of  Napoleon.  I  over- 
heard Jack  Warner  say  he 
was  going  to  cut  out  Water- 
loo because  the  public  was 
fed   up  on  war  pictures." 


Academy  Asks 

^^Fair"  Trial 

For  the  Code 


Hollywood,  Oct.  30. — The  Acad- 
emy tonight  was  urged  to  give  the 
code  a  "fair  trial  over  a  reasonable 
period  of  time,"  by  Lester  Cowan, 
executive  secretary  of  the  organiza- 
tion, who  submitted  a  report  on  the 
Washington  conferences  to  the  board 
of  governors. 

The  Academy's  secretary  swung  the 
lash  at  the  creative  talent  of  Holly- 
wood, urging  players  "to  stop  parad- 
ing their  problems  in  public,  to  stop 
rehasing  the  past  and  telling  tales  on 
each  other,  to  forget  petty  differences 
(Continued  on  page  3) 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


i<] 


.y* 


Design  for  Living 

{Paramount) 

Hollywood,  Oct.  30. — For  those  who  like  their  film  fare  a  la  caviar, 
truffles  and  cafe  royale ;  for  those  who  know  surface  brittleness  may  have 
deeper  intent,  and  for  those  who  see  and  feel  primal  urges  behind  nuances 
of  superficial  witticisms,  "Design  For  Living"  should  be  a  palatable 
platter. 

Seeing  it  from  the  eyes  of  the  boulevardier  and  his  perfumed  lady, 
ready  with  the  answers,  "Design  for  Living"  is  a  swell  dish.  Viewing 
it  from  the  lamps  of  the  guys  and  the  gals  who  like  their  ham  and  eggs, 

beans  and  ,  or  steak  with  ,  it  is  a  question  if  that  mob  will 

catch  the  savor  and  the  flavor  of  the  rare  and  spicy  concoction  Lubitsch 
has  prepared  in  earnest  and  subtle  fashion. 

"Design  for  Living"  is  geared  for  laughter.  It  regaled  the  Hollywood 
cosmopolites.  They  got  quite  a  boot  out  of  it  at  the  preview.  In  the  key 
cities  Noel   Coward's  play  drew  the  swanky  sophisticated  set.    They 

(Continued  on   page  2) 


Rosenblatt 
Hits  ^Selfish 
Theatre  Men' 


Tells  Southerners    Code 
Will  Help  Industry 


Atlanta,  Oct.  30.— Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  took 
a  verbal  crack  today  at  exhibitors 
"who  fail  to  see  beyond  their  own 
selfish  interests"  and  declared  that  the 
code  would  bring  them  into  line  to 
the  advantage  of  the  industry  as  a 
whole. 

It  was  his  first  public  speech  since 
he  took  over  handling  of  the  film  code 
and  was  made  at  the  opening  session 
of  the  Southeastern  Theatre  Owners' 
Ass'n. 

Rosenblatt  stressed  the  opinion  that 
the  cancellation  provisions  of  the  code 
would  be  an  aid  to  exhibitors  and 
would  enable  them  to  avoid  the  show- 
ing of  films  which  are  not  approved 
by  film  review  boards. 

Speakers  at  tomorrow's  session  will 
be  Ed  Kuykendall,  head  of  the  M.  P. 
T.  O.  A.;  M.  A.  Lightman  and 
Charles  W.  Picquet.  Officers  are  to 
be  elected  tomorrow. 


Rosenblatt  Returns 
From  Atlanta  Today 

Washington,  Oct.  30. — Return  of 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  from  Atlanta  on  Tuesday 
is  expected  to  be  followed  by  renewed 
developments  in  the  industry  code,  ac- 
tivity on  which  went  into  the  decline 
(Continued  on  page  3) 


Thompson  Goes  on 
New  Job  at  Radio 

Leslie  Thompson,  who  was  appoint- 
ed assistant  to  J.  R.  McDonough  in 
charge  of  RKO  theatres  on  Friday, 
started  his  new  post  yesterday  and  to- 
day will  hold  his  first  confab  with 
circuit  divisional  managers. 

(Continued  on  page  6) 


In  Conclusion 

Milwaukee,  Oct.  30.  —  Says 
Fred  Mayer,  president  of  the 
Wisconsin  M.  P.  T.  O.,  and 
one  of  the  industry's  most 
persistent  codifiers: 

"Famous  last  words:  'For 
years  they  wanted  Washing- 
ton!   They  got  it'." 


MOTION  PICTURE 

DAILY 


Tuesday,  October  31.   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol.    34 


October   31,    1933 


No.   103 


MOTION  PICTURE  DAILY5 
HOLLYWOOD  PREVIEW 


Martin  Quigley 

Editor-in-Chief   and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 
Advertising  Manager 


^>^t\  PUBLISHED  daily,  except  Sunday 
#  J|  1  and  holidays,  by  Motion  Picture 
^«1^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York. 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring. 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent:     Pierre      Autre,       19      Rue      de 

Cour  des-Noues. 

Entered  as  second  class  nut- 
ter   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;     Canada    and     foreign 

$15,      Single   copies:    10   cents. 


vNRA. 


W|  eO  OWN  9*JtT 


Report  M-G-M  May 
Take  Radio  Chain 

Negotiations  have  been  started,  it 
is  reported,  between  M-G-M  and  the 
Amalgamated  Broadcasting  System, 
of  which  Ed  Wynn  was  the  head  until 
recently,  whereby  M-G-M  will  take 
over  the  new  company  with  its  22 
stations. 

In  the  deal,  it  is  said,  is  a  plan  to 
make  WHN  the  central  station  in- 
stead of  WBNX,  and  to  retain  Ota 
Gygi  and  his  staff  as  operators. 

Major  Edward  Bowes  could  not  be 
reached  for  a  statement. 


Freeman  C.  Allen  Dead 

Rochester,  Oct.  30. — Freeman  C. 
Allen,  assistant  credit  manager  of  the 
Eastman  Kodak  and  prominent  in  the 
life  of  the  city,  collapsed  and  died  of 
a  heart  attack  after  exercising  in  the 
gymnasium  at  the  Genesee  Valley 
Club. 

Allen  was  a  member  of  a  number  of 
Rochester  clubs  and  a  director  in  sev- 
eral enterprises.    He  was  48. 


{Continued  from  page  1) 

responded  with  big  grosses  to  this  merry  madcap  afifair  and  classed  it 
as  gorgeous  hilarity.  Its  subtle  humor  and  sly  thrusts  all  found  haven 
with  the  high  livers  who  can  differentiate  pate  de  fois  gras  from  ordinary 
livers — calf  or  chicken. 

Lubitsch's  film  is  not  Noel  Coward.  It's  a  picture  version  of  the  play, 
adeptly  rewritten  by  Ben  Hecht.  Film  lines  deviate  from  the  play  patter, 
but  the  plot  structure  is  retained,  together  with  the  salient  features  of 
this  pattern  for  love.  The  film  is  not  as  frank  or  as  magenta.  It's  more 
down-to-earth  and  more  direct,  which  is  in  its  favor  for  mass  draw. 

The  story  is  of  two  Paris  garret  pals,  one  a  playwright  (Fredric 
March)  and  the  other  a  painter  (Gary  Cooper),  who  fall  for  an  artiste, 
Miriam  Hopkins.  She  tantalizes  them,  inspires  them,  loves  them,  leaves 
them,  but  always  has  a  yen  for  them.  The  two  pals  fight,  break  up,  make 
up,  return  to  each  other  and  the  girl.  After  one  hectic  triangular  love 
battle,  she  scrams  and  marries  a  Babbitt  advertising  man  (Edward  Ev- 
erett Horton).  Plastered,  the  two  pals  pay  an  unexpected  call  at  her 
menage,  arriving  in  the  midst  of  a  prosaic  home  party.  This  sequence 
is  a  gorgeous  rib-shaking  highlight,  with  a  nice  surprise  twist  for  a 
finale. 

Lubitsch's  hand  is  evident  from  fade-in  to  fade-out.  He  has  directed 
a  sexquisite  drama.  Even  though  the  three  who  love  each  other  shake 
hands  in  a  compact,  saying  "No  sex,"  it's  still  sexquisite. 

Master  of  the  lights  and  shades  of  comedy,  Lubitsch's  revelations  find 
outlet  in  sly  symbolism  or  smart  subtlety,  skimming  lightly,  piercing 
deeply,  or  exploding  in  madcap  merriment.    Lubitsch  is  a  lulu. 

Cooper  takes  the  palm  for  his  portrayal  of  the  more  blunt  and  rugged 
of  the  two  lovers.  March,  suave  and  polished,  registers  romance  with 
elegance  and  grace.  Miss  Hopkins,  alluringly  attractive,  is  a  tempting 
eyeful.    Horton  is  sure-fire  for  laughs. 

Production  exudes  the  usual  high-class  Paramount-Lubitsch  values. 
All  told,  "Design  for  Living"  is  smart  comedy  for  high-hat  trade. 
Whether  the  stenographer,  bus  boy,  ticket  chopper,  barber,  or  waitress 
will  go  for  it  in  a  big  way,  is  a  design  that  only  the  box-office  can 
answer. 


Looking  ^Em  Over 


Century  to  Move  Office 

Century  Circuit,  Inc.,  operators  of 
theatres  in  Brooklyn  and  Long  Island, 
is  moving  from  152  West  42d  St.  to 
quarters  on  the  31st  floor  of  the  RCA 
Building  in  Rockefeller  Center. 


Andy  Devine  Married 

Hollywood,  Oct.  30.— Andy  De- 
vine,  Universal  contract  player,  and 
Dorothy  Irene  House  were  married 
Saturday  in  Las   Vegas,   Nevada. 


Meefian  in  Town 

Leo  Meehan  is  in  New  York  from 
Hollywood.  It  is  his  first  trip  east 
in  four  years. 


On  Page  Eigfit 

All  financial  markets  appear  on  page 
eight  today. 


"Blind  Adventure" 

(RKO  Radio) 

London's  thickest  fog  can't  prevent  a  mystery  from  taking  place  and 
being  solved  in  one  night.  And  with  it  the  beginning  and  happy  cul- 
mination of  a  romance  between  Robert  Armstrong  and  Helen  Mack. 
This  melodrama  apparently  pleased  an  audience  at  the  Mayfair  last 
night,  for  their  response  was  favorable  at  certain  intervals.  The  cockney 
English  seemed  to  puzzle  the  audience  at  times. 

When  Armstrong  mistakes  Henry  Stephenson's  home  as  his  hotel, 
he  steps  into  a  room  of  mystery,  for  he  sees  a  figure  prostrate  on  the 
divan  and  another  sneaking  out  of  the  door.  After  pursuing  the  escap- 
ing figure  to  no  avail,  Armstrong  returns  to  find  the  man  on  the  settee 
gone.  Stephenson  denies  that  anyone  was  in  his  home  and  the  hero 
lets  it  pass  until  he  hears  the  familiar  chimes.  By  that  time  he  has 
met  Helen  Mack  and  they  have  become  acquainted  generally. 

Ralph  Bellamy,  the  figure  who  was  on  the  divan,  turns  up,  gives 
Armstrong  a  mysterious  package  and  asks  him  and  Miss  Mack  to  de- 
liver it.  When  Armstrong  arrives  at  the  destination  with  the  help  of 
Roland  Young,  a  derelict  and  pickpocket,  they  are  held  prisoners. 
Young  assists  them  in  escaping  and  also  in  capturing  the  gang  of  black- 
mailers. The  precious  package  of  letters,  which  would  have  embarrassed 
Miss  Mack's  uncle  had  they  become  public,  are  safe  again.  Armstrong 
and  the  heroine  decide  to  go  back  to  America  where  they  belong,  but 
not  apart. 


U.  A.  Closes  Shorts  Deal 

United  Artists  has  closed  a  deal  for 
distribution  of  Master  Art  "Organ- 
logues"  in  China,  Manchuria,  Japan, 
Formosa,  Korea,  Dairen,  India,  Bur- 
ma, Ceylon,  Afghanistan,  Iraq,  Per- 
sia, Straits  Settlements,  Malayasia, 
Siam,  French  Indo  China,  Sarawak, 
British  North  Borneo  and  Dutch  East 
Indies. 


Casino  C flanges  Hands 

The  Casino  Theatre  property  at  the 
southeast  corner  of  Seventh  Ave.  and 
SOth  St.  has  been  acquired  by  Haring 
and  Blumenthal,  local  circuit  opera- 
tors, iointly  with  Jack  Shapiro,  from 
the  Mutual  Life  Insurance  Co.  Two 
million  dollars  is  reported  to  be  in- 
volved in  the  deal,  which  includes  a 
six-story  office  building. 


i  Purely 
Personal  ► 


BUDDY  DeSYLVA,  Fox  producer; 
David  Butler,  director,  and  SlD 
Silvers,  comedian,  arrive  today  from 
the  coast  to  seek  talent  for  "Bot- 
toms Up,"  musical  which  they  hope 
to  start  soon. 

Gradwell  Sears,  Warner  sales  ex- 
ecutive, left  New  York  yesterday  on  a 
trip  to  St.  Louis,  Dallas,  New  Or- 
leans and  Atlanta  to  look  into  Warner 
distribution  in  the  West  and  South. 
He  expects  to  be  back  in  ten  days. 

Emily  Lowry,  recently  seen  on  the 
New  York  stage  in  "Heat  Lightning," 
has  been  engaged  by  Warners  and  will 
leave  for  California  this  week.  She 
will  make  her  bow  in  pictures  in  "As 
the  Earth  Turns." 

Mariana,  Cuban  dancer,  arrives  in 
New  York  today  aboard  the  He  de 
France  from  Europe,  where  she  has 
been  making  public  appearances,  to 
take  screen  tests.  Paramount  is  re- 
ported to  be  interested. 

Jack    Fulton,   soloist   with    Paul 
Whiteman's     orchestra,     has     been' 
signed  to  feature  in  a  two-reel  musical 
to  be  produced  by  Magna  Pictures  for 
Radio. 

Lou  Braun,  head  of  the  local  Para- 
mount exchange  film  room,  narrowly 
escaped  death  over  the  weak-end  when 
he  was  hit  by  an  auto  and  dragged 
several  feet.     Injuries  were  slight. 

Ralph  B.  Staub,  long  producer,  di- 
rector and  actor  of  Columbia's 
"Screen  Snapshots,"  has  been  signed 
to  direct  Vitaphone  shorts. 

Ellalee  Ruby,  stage  player,  has 
been  signed  for  Universal  Pictures 
through  David  S.  Samuels,  New 
York  agent. 

E.  L.  Alperson  yesterday  made  bet- 
ter time  by  walking  from  the  Loew 
building  to  the  Fox  home  office  than 
by  riding  by  cab. 

Toby  Gruen  of  National  Screen 
Service  is  back  from  a  vacation 
abroad.  He  dropped  in  on  the  Eng- 
Hsh  organization  while  in  London. 

Al  Santell  and  Louis  Milestone, 
Radio  and  Columbia  directors,  arrive 
today  on  the  lie  de  France. 

Molly  O'Day  has  been  signed  for 
the  feminine  lead  in  Educational's  new 
Tom  Howard  Comedy. 

J.  Maxwell  Joyce  is  in  Washing- 
ton handling  exploitation  for  United 
Artists. 

Stanley  Waite  is  rapidly  recover- 
ing from  a  minor  operation  at  the 
Bronxville  Hospital. 

Milt  Kusell  is  still  hanging  on  to 
his  cold  but  expects  to  get  rid  of  it 
by  the  end  of  the  week. 

BiNG  Crosby  leaves  Hollywood  by 
plane  Thursday  for  New  York. 

Mary  Pickford  is  heading  east 
from    Hollywood    again. 


Tuesday,  October  31,   1933 


MOTION  PICTURE 

DAILY 


Academy  Asks 
"Fair"  Trial 
For  the  Code 


(.Continued  from  page  1) 

and  get  down  to  the  business  of  mak- 
ing good  pictures." 
The  report,  in  part,  follows : 
"There  has  been  a  general  miscon- 
ception on  the  part  of  most  people 
in  the  production  end  of  the  indus- 
try of  the  exact  meaning  of  the  Na- 
tional Recovery  Act  as  applied  to  the 
business.  From  my  observation  in 
Washington,  and  my  conversations 
with  Mr.  Rosenblatt  and  other  offi- 
cials, I  feel  that  the  NRA  industry 
code  will  not  be  the'big  bad  wolf  that 
so  many  people  fear.  As  I  see  it, 
the  code  is  not  a  set  of  hard  and 
fast  rules  which  must  be  lived  up 
to  implicitly,  but  rather  a  form  of 
machinery  set  up  for  the  stabilizing 
of  the  industry,  the  success  of  which 
will  be  determined  by  the  manner  in 
which  it  is  operated. 

"It  is  clear  and  definite  that  the 
code  has  accomplished  its  primary 
purpose :  that  of  increasing  lower- 
bracket  salaries,  shortening  working 
hours  and  spreading  employment.  Re- 
garding the  effort  of  the  code  to  form- 
ulate rules  of  fair  trade  practice, 
while  there  are  some  provisions  we 
have  opposed  as  being  unsound  in 
principle,  on  the  other  hand  they 
are  surrounded  by  machinery  which 
if  it  functions  fairly  should  quickly 
expose  the  fallacies  on  which  some 
provisions  are  based. 

Burden  on  Code  Authority 

"This  machinery  is  the  code  author- 
ity, which,  in  the  last  analysis,  is  in 
the  hands  of  the  employers.  The  suc- 
cess or  failure  of  its  operation  is  on 
their  shoulders,  and  they  can  either 
make  it  work  for  fair,  constructive 
results  or  endeavor  to  use  it  to  their 
own  advantage  and  eventually  defeat 
the  whole  purpose  of  the  NRA. 

"The  public  finger  will  be  pointed 
at  the  code  authority.  We  have  been 
assured  there  will  be  no  'star-cham- 
ber' sessions,  no  secrecy  surrounding 
the  administration  of  the  code.  It 
is  the  right  of  all  persons  in  the  in- 
dustry to  watch  all  workings  of  the 
machinery  so  the  efficiency  and  hon- 
esty of  its  operation  may  be  deter- 
mined. If  the  producers  break  faith, 
we  know  we  can  appeal  to  the  Ad- 
ministration whose  very  existence  de- 
pends upon  the  success  of  the  Na- 
tional Recovery  Act. 

"I  take  this  opportunity  of  making 
the  following  recommendations : 

"1. — Inasmuch  as  the  code  will  be  signed 
by  President  Roosevelt  and  is  what  he 
wants,  it  deserves  a  fair  trial  over  a 
reasonable    period    of    time. 

"2. — Whatever  the  objections  to  the  code 
might  be,  the  industry  must  •  remember 
that  there  is  a  method  of  procedure  to  fol- 
low, and  that  objections  must  be  based 
upon  facts  and  presented  not  in  the  man- 
ner of  head-line  hunting.  If  there  is  to 
be  a  fight,  it  should  be  an  orderly  one, 
with    the    Administrator    as     the    referee. 

"7i. — Hollywood  should  stop  parading  its 
problems  before  the  public  and  making 
itself  ridiculous.  If  the  industry  has  any 
dirty  linen  it  should  be  washed  in  the  in- 
dustry's    private     laundry. 

"4. — Hollywood  should  put  its  house  in 
order  and  coordinate  its  organizations  and 
activities  and  prove  that  it  is  capable  of 
running  its  own  business,  otherwise  east- 
ern executives  will  continue  to  dominate 
the   industry. 

"5. — Hollywood  should  stop  rehashing  the 
past,  and  leave  its  skeletons  in  the  closet. 
The  fact  that  some  producer  used  sharp 
practices  in  a  business  de,al  three  years 
ago    means    nothing    today    when    we    are 


getting  ofl  to  a  new  start.  And,  tattling 
is  a  childish  procedure.  The  whole  NRA 
was  set  up  because  industry  has  a  black 
past. 

Hits  Selfishness  of  Highly  Paid 

"6. — Hollywood  should  stop  being  so  self 
centered.  High  salaried  people  in  the 
industry  should  think  a  little  more  of  the 
other  fellow  who  isn't  working;  and  while 
the  high-paid  individual  has  the  legal  right 
to  get  all  he  can,  he  also  has  the  moral 
responsibility  of  thinking  of  the  other  per- 
sons whose  livelihoods  are  at  stake.  By 
this  I  mean  that  while  an  individual  who 
receives  $5,000  a  week  may  have  the  legal 
right  to  stage  a  personal  rebellion  in  the 
hope  of  acquiring  another  $1,000,  he  should 
think  of  those  men  and  women  who  will 
be    thrown    out    of    work    by    that    rebellion. 

"7. — Hollywood  should  forget  its  petty  dif- 
ferences, and  its  people  should  bury  their 
private  axes — but  not  in  each  others' 
necks.  Coordination  instead  of  conflict 
should  be  sought.  E.motions  and  tempera - 
mentalities  should  be  confined  to  the  pro- 
duction of  good  pictures.  We  cannot 
spare  talent  needed  in  picture  making,  so 
those  who  waste  it  in  futile  gestures 
meant  to  impress  personal  opponents 
should  turn  it  to  constructive  use.  Other- 
wise the  business  will  be  wrecked,  for 
without  good  pictures  it  makes  very  little 
difference  whether  the  industry  is  gov- 
erned   by    an    NRA   code   or    an    office    boy. 

"8. — The  whole  attitude  of  the  Govern- 
ment, it  should  be  remembered,  is  to  dis- 
card theoretical  concepts  of  things  and  to 
try     to    get    rapid    and    practical    results. 

"9. — Those  in  the  industry  who  shout, 
'Strike!'  at  the  slightest  provocation 
should  remember  that  a  strike  is  the  weap- 
on of  the  oppressed,  to  be  used  only  as 
a  last  resort.  The  Administration  and 
the  American  people  are  out  of  sympathy 
with  strikes,  and  one  flinches  at  the 
thought  of  their  reaction  to  a  strike  on 
the  part  of  persons  drawing  high  salar- 
ies. 

"10. — In  conclusion,  everyone  in  Holly- 
wood should  acquire  a  deeper  understand- 
mg  of  the  industry's  economic  structure 
and  problems  so  they  may  intelligently 
bend  every  eflort  toward  making  this  a 
practical,  honorable  and  successful  enter- 
prise   rather    than    a    cheap    'racket.'  " 


Buying  Strike  Up 
To  ITO A  Members 

Decision  on  continuance  of  a  local 
film  buying  strike  because  of  objec- 
tion to  percentages  and  consideration 
of  the  Local  306  booth  scales  will  be 
the  main  topics  at  the  ITOA  regular 
meeting"  today  at  the  Astor. 

The  local  exhibitor  organization  last 
Tuesday  evening  submitted  its  own 
scales  for  theatre  booths  to  the  union, 
which  were  subsequently  turned  down 
by  Local  306,  which  also  submitted 
scales  for  the  independent  theatres. 
It  is  understood  306's  scales  will  be 
turned  down  today  with  a  hope  that 
a  compromise  may  be  effected  later. 

Members  of  the  ITOA  for  the  last 
week  have  not  been  dickering  with 
exchanges  on  new  product  deals,  an 
agreement  having  been  reached  at  the 
meeting  last  Tuesday  to  hold  up  nego- 
tiations for  new  product  until  today's 
meeting. 


Guild  Now  Up  to  925 

Hollywood,  Oct.  30. — Total  mem- 
bership of  the  Screen  Actors'  Guild 
has  reached  925  to  date  with  Will 
Rogers,  Al  Jolson,  Lew  Ayres,  Leila 
Hyams,  Carole  Lombard,  Victor  Mc- 
Laglen,  June  Knight  and  Gloria  Stu- 
art the  latest  to  affix  their  names  to 
application  blanks. 

Last  meeting  of  the  executive  board 
elected  a  committee  to  draw  up  a 
code  of  ethics  and  practice  to  be  sub- 
mitted to  the  members  for  adoption. 
Personnel  of  this  committee  consists 
of  Otto  Kruger,  chairman ;  Miriam 
Hopkins,  Frank  Conroy,  James  Glea- 
son  and  Alan  Mowbray. 


May  Change  Air  Time 

RoxY  is  considering  changing  his 
weekly  concert  over  the  radio  from 
Sunday  afternoon  to  an  evening  spot, 
possibly  Tuesday  night. 


Rosenblatt  Returns 
From  Atlanta  Today 

{Continued  from  page  1) 

during  the  last  few  days.  Rosenblatt 
attended  the  annual  convention  of 
Southeastern  Theatre  Owners. 


It  is  reported  on  reliable  authority 
that  the  film  code  had  gone  to  the 
White  House  yesterday,  confirmation 
of  which  was  impossible  late  yester- 
day. 


Name  Code  Official 
For  K,  C.  Territory 

Kansas  City,  Oct.  30. — Code  vio- 
lations here  are  to  be  handled  locally 
through  J.  E.  Wrenn,  district  man- 
ager of  the  Department  of  Commerce. 
He  has  been  made  district  compliance 
director  for  western  Missouri,  Kan- 
sas, Colorado  and  Nebraska. 

All  complaints  on  code  violations 
are  to  be  referred  to  Wrenn.  He  says 
his  office  will  not  be  an  enforcement 
agency,  but  will  seek  compliance 
through  "explanation  and  education." 

Prosecutions   for   violations   are  to 
be     handled     through     the     Federal 
Courts,  according  to  William  L.  Van 
deventer,  U.  S.  district  attorney. 


Burlesque  Hearing 
Is  Set  for  Nov.  9 

Washington,  Oct.  30. — A  hearing 
on  the  burlesque  code  has  been  set  for 
Nov.  9  at  the  Mayflower  Hotel  be- 
fore Deputy  NRA  Administrator  Sol 
A.  Rosenblatt. 

The  code  proposes  a  minimum  wage 
for  principals  of  $30  per  week  with 
$20  for  choruses  in  traveling  shows 
and  $17.50  for  stock  company  choruses. 
A  maximum  week  for  actors  is  set  at 
52  hours,  except  during  rehearsal 
periods. 

Film  operators,  stage  hands  and 
musicians  are  to  receive  a  minimum 
of  $40  for  a  52-hour  week. 


Union  Loses  a  Move 
In  MilwauJcee  Court 

Milwaukee,  Oct.  30. — A  motion 
filed  by  the  Independent  M.  P.  Oper- 
ators' Union,  Local  No.  110,  for  an 
injunction  restraining  Local  164,  I.  A. 
T.  S.  E.,  from  interferring  with  the 
patrons  of  theatres  manned  by  the  in- 
dependent operators,  was  dismissed  in 
circuit  court  here  today.  F.  Carney 
Nelligan,  attorney  for  the  independent 
union,  has  20  days  in  which  to  file  a 
reply. 

Burt  Carlisle,  Minneapolis,  national 
business  manager  of  the  independent 
union,  stated  that  the  independent 
union  is  starting  a  drive  in  this  city 
and  plans  to  have  its  operators  in  at 
least  50  per  cent  of  the  theatres  here. 

Peter  Docter,  president  of  Local 
110;  Ray  Kuerin,  vice-president;  Law- 
rence Merkle,  secretary,  and  J.  J. 
Docter,  business  manager,  through 
their  attorney,  have  obtained  an  order 
from  Circuit  Judge  Otto  H.  Briedcn- 
bach  requiring  M.  F.  Bell  of  Des 
Moines,  Iowa,  first  assistant  interna- 
tional business  manager  of  the  I.  A. 
T.  S.  E.,  and  his  attorney,  Nelligan, 
to  show  cause  why  they  should  not 
be  restrained  from  collecting  dues 
from  members  of  the  local.  The  suit 
charges  that  Bell  is  not  an  authentic 
representative   of  the   union.  I 


Boston  Takes 
Jump  in  Five 
Of  First  Runs 


Boston,  Oct.  30.  —  Another  good 
week,  with  grosses  showing  a  steady 
increase,  was  the  report  from  all  first 
run  houses.  Keith's  apparently  is  head- 
ing for  more  vaudeville  for  Mr.  and 
Mrs.  Jesse  Crawford,  at  the  twin  con- 
soles, completed  their  third  week  and 
additional  features  were  added  to  the 
program,  including  a  bridge  specialist. 
Grosses  showed  an  increase  as  a  re- 
sult. 

Both  RKO  theatres  and  the  Metro- 
politan were  $4,000  above  par,  Keith's 
with  "The  Power  a^d  the  Glory"  and 
the  Boston  with  "Charlie  Chan's 
Greatest  Case,"  while  Metropolitan 
showed  "Way  to  Love."  "Bombshell" 
at  Loew's  State  was  good  for  $3,000 
above  par. 

Fox  had  the  unusual  situation  of 
supplying  50  per  cent  of  the  first  run 
film  for  the  Boston  houses  for  the 
week. 

Total  first  run  business  was  $110,- 
500.   Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  19: 

"CHARLIE  CHAN'S   GREATEST  CASE" 
(Fox) 

BOSTON— (2,900),  25c-50c,  7  days.  Bar- 
bara Stanwyck  in  person.  Gross:  $20,000. 
(Average,    $16,000.) 

"DR.    BULL"    (Fox) 
"FLAMING    GOLD"    (Radio) 

PENWAY— CljSOd),      30c-50c,      7      da'ys. 
Gross:   $9,500.    (Average,   $9,000.) 
"THE  POWER  AND  THE  GLORY"  (Fox) 
KEITH'S— (3  500),  30c-50c,  7  days.  Vaude- 
ville.  Gross:   $20,000.    (Average,   $16,000.) 
"BOMBSHELL"   (M-G-M) 
LOEW'S  STATE— (3,700),  35c-50c,  7  days. 
Vaudeville.    Gross:    $19,000.    (Average,    $16,- 
000.) 

"WAY    TO   LOVE"    (Para.) 
METROPOLITAN— (4,350),       30c-65c,       7 
days.     Stoopnagle     and     Bud     and     Revue, 
(^oss:   $32,000.    (Average,  $28,000.) 
"DR.   BULL"    (Fox) 
"FLAMING  GOLD"   (Radio) 
PARAMOUNT— (1,800),    30c-50c,    7    days. 
Gross:  $10,000.   (Average,  $9,000.) 


Waugh  Reported  for 
New  Warner  Zone 

Memphis,  Oct.  30. — Formation  of 
a  new  zone  of  theatres  in  Kentucky, 
Tennessee,  lower  Indiana  and  Ohio, 
with  Howard  Waugh,  manager  of  the 
local  Warner  house,  in  charge  was 
learned  here  today.  William  L.  Hen- 
dricks, manager  of  the  Warner  Strand, 
Oshkosh,  Wis.,  will  take  over 
Waugh's  duties  here. 

It  is  understood  expansion  is 
planned  by  Warners  in  this  zone,  with 
houses  to  be  added  in  Tennessee  and 
Kentucky,  including  two  in  Louisville. 
Waugh,  just  back  from  a  week  spent 
in  New  York,  says  headquarters  will 
be  established  either  in  Memphis  or 
Louisville,  with  Memphis  favored  be- 
cause of  the  presence  here  of  all  major 
film  exchanges.  Moe  Silver  of  the 
Warner  office  in  New  York,  is  sched- 
uled to  meet  Waugh  in  Louisville 
Wednesdav  for  a  trip  over  the  entire 
territory  and  for  the  purpose  of  de- 
ciding definitely  on  a  central  office. 

Waugh's  idea  of  subsequent  run  the- 
atres in  key  cities  as  a  protection  of 
Warner  profits  is  expected  to  be 
adopted  here  and  in  Louisville,  accord- 
ing to  reports. 


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ins  Opinion  of 


(Note:  Harry  Arthur,  writer  of  the  wire  reproduced 
on  the  opposite  page,  is  known  from  Coast  to  Coast 
as  one  of  the  most  successful  showmen  in  the  bus- 
iness. He  is  associated  in  the  management  of  the 
Roxy,  New  York;  Paramount,  Los  Angeles;  Orpheum, 
San  Francisco;  State,  Long  Beach,  and  theatres  at 
Santa  Ana,  Fullerton,  Anheim,  California  and 
Boulder,  Colo. 


MOTION  PICTURE 

DAILY 


Tuesday,  October  31,   1933 


Reorganizing 
Set  on  Eight 
Para.  Groups 


iContinued  from  page  1) 
in  work,  according  to  the  report,  in- 
clude Seneca  Holding  Co.  properties, 
principally  the  Broadway  theatre 
block  from  44th  to  45th  Streets  and 
the  Long  Island  studio;  Paramount 
Bldg.,  New  York ;  the  Paramount  and 
St.  Francis  theatre  buildings,  San 
Francisco;  Paramount  Theatre  Bldg., 
Oakland;  Paramount  Theatre  Bldg. 
and  the  Rialto,  Portland;  Paramount, 
Seattle;  the  West  Coast  studio  and 
Paramount  Theatre  Bldg.,  Los  An- 
geles; the  Vine  Street  Tract  and  lab- 
oratory, Paramount  Ranch  and  South 
Broadway  Bldg.  Co.,  Los  Angeles. 
The  last  named  was  recently  disposed 
of  by  sale.  Others  involve  for  the 
most  part  default  of  interest  and  ma- 
tured principal  on  bond  issues.  The 
negotiations  under  way  with  bond- 
holders' committees  of  the  properties 
involved  seek  a  reduction  of  interest 
rates  and  a  postponement  of  the  ma- 
turities. 

The  west  coast  studio  and  Para- 
mount Theatre  Bldg.,  Los  Angeles,  are 
subject  to  a  lien  on  a  $2,900,000  bond 
issue,  a  revision  of  which  is  now  in 
work  under  the  trustees'  direction. 
Semi-annual  interest  and  a  maturity 
of  $150,000  principal  came  due  Sept. 
1  and  was  paid  out  of  the  funds  of 
Paramount  Productions.  The  trustees' 
report  states  that  the  west  coast  realty 
problems  of  the  bankrupt  are  of  great 
importance  and  a  representative  of  the 
trustees  has  been  assigned  to  them 
exclusively,  with  permanent  headquar- 
ters on  the  coast.  The  trustees'  rep- 
resentative is  John  A.  Dunlop  of  Root, 
Clark,  Buckner  &  Ballantine,  trustees' 
counsel. 


Para.  Claims  Put 
At  $319,000,000 

(.Continued  from  page  1) 

filed  in  duplicate  and  a  "large  part" 
of  the  balance  is  regarded  by  the  trus- 
tees as  being  "excessive  and  of  doubt- 
ful provability."  The  work  of  liquidat- 
ing the  provable  claims  and  of  expung- 
ing the  non-provable  ones  is  now  un- 
der way,  according  to  the  report. 

It  is  unofficially  stated  that  all  but 
$30,000,000  to  $35,000,000  of  the  total 
claims  filed  will  be  contested  by  the 
trustees.  Of  this  amount,  about  $26,- 
000,000  represents  bondholders'  claims. 


Trustees  Drop  20 
Paramount  Leases 

Paramount  Publix  trustees  have 
technically  disaffirmed  •  30  service 
contracts  and  20  leases,  to  date,  it  is 
recorded  in  their  third  report  to  the 
U.  S.  District  Court  here,  filed  Sat- 
urday with  Referee  Henry  K.  Davis. 

Disaffirming  of  the  contracts,  it 
was  explained  by  a  spokesman  for 
the  trustees,  is  a  formality  in  bank- 
ruptcy proceedings  which  does  not 
necessarily  terminate  the  services  in- 
volved, but  comprises  only  a  formal 
notice  to  contract  holders  that  the 
trustees  are  not  accountable  under  the 
existing   pacts,   although  the   services 


may  be  continued.  In  the  case  of 
leases  disaffirmed,  many  do  not  in- 
volve surrender  of  the  premises  under 
lease,  but  represent  merely  the  termi- 
nation of  old  leases  and  their  substi- 
tution with  new  leases  negotiated  on 
more  favorable  terms. 

Among  service  contracts  disaffirmed 
since  July  9,  the  date  of  the  last  Par- 
amount trustees'  report,  are  those  with 
Emanuel  Cohen,  Sam  Dembow,  Jr., 
Russell  Holman,  Ralph  A.  Kohn,  Fa- 
mous Players  Canadian  Corp.,  Rou- 
ben  Mamoulian,  Quigley  Publishing 
Co.,  E.  V.  Richards,  Ross  Federal 
Service,  George  Schaefer,  Sir  Wil- 
liam Wiseman,  Technicolor  Pictures 
Corp.  and  Adolph  Zukor. 

Among  disaffirmed  leases  are  those 
for  the  Alabama,  Birmingham;  Para- 
mount, Brooklyn;  Paramount,  Fre- 
mont, O. ;  Paramount,  Glens  Falls, 
N.  Y. ;  Paramount,  Hamilton,  O. ; 
Florida,  Jacksonville ;  Tennessee, 
Knoxville;  Edison  Bldg.,  Los  An- 
geles ;  Paramount,  Middleton,  O. ; 
Paramount  Bldg.,  New  York ;  Long 
Island  Studio;  Paramount,  Oakland; 
Florida,  St.  Petersburg ;  Paramount, 
San  Francisco ;  Madison-Toledo 
Bldg.,  Toledo ;  Paramount,  Toledo, 
and  the  Penn  and  State,  Uniontown, 
Pa. 


Para's.  Pay  Cuts 
$2,973,672  a  Year 

Payroll  reductions  of  home  office 
and  field  personnel  of  Paramount  Pub- 
lix have  averaged  |2,973,672  annually 
up  to  the  present,  as  compared  with 
May,  1931,  it  is  revealed  in  the  third 
report  of  the  company's  trustees  in 
bankruptcy,  filed  Saturday  with  Ref- 
eree Henry  K.  Davis. 

From  the  time  of  the  company's 
bankruptcy  in  January  of  this  year,  up 
to  August,  average,  payroll  reductions 
at  the  home  office  from  reductions  in 
both  salaries  and  number  of  employes 
was  25  per  cent.  In  the  same  period 
reductions  totalling  $2,385  per  week 
were  made  in  the  salaries  of  36  rank- 
ing executives  of  the  company. 

The  following  payroll  reductions 
have  been  made:  June,  1931,  salaries 
of  all  home  office  and  field  employes 
were  reduced  on  a  graduating  scale 
from  five  per  cent  to  25  per  cent ; 
January,  1932,  all  salaries  above  $50 
per  week  were  reduced  from  five  to 
10  per  cent ;  April,  1932,  a  five  per 
cent  reduction  on  the  first  $50  of  all 
salaries  was  made ;  summer,  1932,  two 
weeks'  vacation  without  pay  for  all 
home  office  and  field  employes  put 
into  effect;  spring,  1933,  all  employes 
earning  over  $50  per  week  given  SO 
per  cent  reduction  for  seven-week 
period. 

The  average  result  of  all  the  cuts 
amounted  to  a  decrease  of  9.7  per  cent 
on  salaries  of  $25  per  week,  and  a  34.8 
per  cent  decrease  on  salaries  of  $2,000 
weekly.  Thus,  a  $25  salary  is  now 
$22.57  and  a  $2,000  salary  is  $1,398.57. 


Para.  Buys  "Melody" 

Hollywood,  Oct.  30.— Paramount 
has  purchased  Frank  Leon  Smith's 
original  story  "Melody  in  Spring"  as 
a  vehicle  for  Mary  Boland  and 
Charles    Ruggles. 

Lanny  Ross,  whom  Paramount  has 
signed  to  a  long  term  contract,  will 
also  appear  in  the  picture. 

Postpone  Publix  Meet 

Hearing  of  various  lease  claims 
against  Publix  Enterprises,  scheduled 
for  yesterday  before  Referee  Henry 
K.  Davis,  was  postponed  to  Nov.  6. 


Thompson  Goes  on 
New  Job  at  Radio 


(.Continued  from  page  1) 
Nate  Blumberg,  new  general  man- 
ager, is  expected  from  Chicago  where 
he  has  been  making  his  headquarters, 
either  this  morning  or  later  in  the 
week. 

Phil  Reisman,  new  foreign  sales 
manager,  is  cleaning  up  current  duties 
in  the  theatre  department  and  is  ex- 
pected to  assume  his  new  post,  for 
which  incidentally,  he  specifically 
asked,  in  the  next  day  or  two. 

Divisional  managers  gathering  in 
New  York  to  meet  Thompson  are  Nat 
Holt,  Cincinnati;  Charles  Koerner, 
Upper  New  York  State,  and  New 
England;  James  Brennan,  New  Jer- 
sey and  Washington,  and  the  follow- 
ing Greater  New  York  men:  Charles 
MacDonald,  Lou  Goldberg  and  H.  R. 
Emde. 


Sale  of  Poll  Gets 
Approval  of  Court 

(Continued  from  page  1) 

the  plan  S.  E.  Poli  again  will  take 
over  the  circuit  of  18  theatres  with 
Louis  M.  Sagal,  his  son-in-law,  to 
assume  charge  of  operations.  How- 
ever, several  details  have  yet  to  be 
ironed  out  and  it  may  not  be  before 
Nov.  10  that  Poli  will  operate.  Hal- 
sey,  Stuart  &  Co.  are  interested  in  new 
setup. 

Negotiations  by  several  major  cir- 
cuits for  the  houses  are  under  way 
and,  according  to  Sagal,  the  houses 
will  not  pass  to  another  operator  \m- 
less  it  is  by  "outright  buy."  There 
has  been  talk  of  Loew's  taking  the 
houses  on  an  operating  deaJ,  but  when 
asked  about  this  Sagal  said  that 
"deals  submitted  so  far  are  not  satis- 
factory." 


Heavy  Italian 
Tax  Effective 
Soon  on  Films 


stars  for  LaGuardia; 
Marquees  for  O'Brien 

Louis  Nizer,  chairman  of  the  film 
division  of  the  LaGuardia  campaign 
for  mayor,  last  night  was  rounding 
out  plans  for  an  open  air  parade  of 
film  and  stage  celebrities  in  connec- 
tion with  a  Madison  Square  Garden 
rally  planned  for  Thursday  night. 
Fifty  touring  cars  holding  the  marquee 
luminaries,  followed  by  other  cars 
with  exhibitors  and  union  delegations, 
will  figure  in  the  Hne  of  march  from 
Columbus  Circle  to  42nd  St.  and  back 
to  the  Garden,  he  declared. 

Joseph  Gransky  and  Arnold  Van 
Leer,  chairman  of  the  Democratic 
Theatrical  Division,  are  finding  Mayor 
O'Brien's  speeches  from  the  marquee 
of  the  Criterion  so  successful,  they  say 
they  plan  two  more  this  week  for  their 
candidate.  A  Democratic  "Victory 
Drive"  also  will  feature  film,  stage 
and  radio  personalities,  but  whether 
the  same  as  those  who  will  parade 
for  LaGuardia  is  not  known. 


Jersey  Allied  Meeting 

First  general  meeting  of  Allied  of 
New  Jersey  since  the  eastern  Allied 
convention  in  Atlantic  City  will  be 
held  today  at  the  unit's  |ocal  quarters. 
The  annual  convention  was  held 
Sept.  25-27.  Sidney  Samuelson, 
president,  will  preside  and  detail  dis- 
cussions at  the  Allied  Chicago  meet- 
ing last  week. 


(Continued  from  page  1) 
lire  (about  $1,750)  on  each  dubbed 
film.  It  provides,  in  addition,  that 
no  foreign  versions  can  be  exhibited 
here  with  their  original  dialogue. 
Part  of  the  proceeds  of  the  new  taxes 
will  be  paid  by  the  government,  as 
premiums    to    Italian   producers. 

The  American  protest  of  discrimi- 
nation was  based  on  a  section  of  the 
law  which  permits  native  producers 
to  complete  three  foreign  films  free 
of  tax  for  every  Italian  picture  pro- 
duced in  their  studios.  The  Italian 
government  was  not  impressed  by  the 
American  agents'  estimate  that  the 
law  would  result  in  reducing  Italian 
film  revenue  by  about  15,000,000  lire 
(about  $1,050,000)  through  resultant 
decreased  distribution  of  foreign  films 
and  would  put  many  Italians  now 
working  in  the  import  film  industry 
out  of  work. 


Opinion  in  foreign  distribution 
circles  here  is  that  many  American 
distributors  would  be  forced  out  of 
the  Italian  market  by  enactment  of 
the  new  taxes  and  dubbing  law,  while 
the  revenue  of  remaining  companies 
in  that  market  would  be  seriously 
curtailed. 


Shanberg's  Publix 
Deal  Reported  Cold 

Minneapolis,  Oct.  30. — Recent  ne- 
gotiations by  M.  B.  Shanberg  and  as- 
sociates of  Kansas  City  for  Publix 
Northwest  theatres,  comprising  the  F. 
&  R.  group,  are  now  reported  "cold." 
It  is  understood  the  Shanberg  deal  in- 
volved a  proposal  to  retire  a  $550,000 
mortgage,  held  as  first  lien  against  the 
properties  by  William  Hamm,  Jr.,  the 
receiver.  Hamm  is  quoted  as  saying 
that  any  intended  purchaser  will  be 
obliged  to  furnish  sufficient  cash  to 
lift  the  mortgage. 


Shapiro  Speeding  Up 
Majestic's  Output 

Divorcing  himself  from  supervision 
of  sales  for  Majestic,  a  post  he  as- 
sumed several  months  ago,  William 
D.  Shapiro  has  turned  to  production 
as  assistant  to  Phil-  Goldstone.  He  is 
now  on  the  coast  aiding  Goldstone  in 
speeding  up  production.  The  third  of 
12  releases,  "Sin  of  Nora  Moran,"  has 
just  been  competed  with  Zita  Johann, 
John  Miljan  and  Alan  Dinehart  in  the 
cast. 

Shapiro's  shift  followed  entrance  of 
Max  Weisfeldt  into  Majestic  as  gen- 
eral sales  manager.  Weisfeldt  suc- 
ceeded John  Weber,  who  was  appoint- 
ed foreign  sales  manager. 


Giegerich  Rejoins 
Celebrity  Pictures 

Charles  J.  Giegerich  yesterday  re- 
joined Celebrity  Pictures  which  plans 
a  series  of  cartoons  in  Cinecolor.  Ub 
Iwerks  is  doing  the  cartoon  antics. 
First  release  is  practically  ready. 

Giegerich  is  in  general  charge  of 
the  company. 


■ 

THOSE   INTERESTING 

COMPOS  TE  SHOTS 

in  the  pictures  you  show  have  called  for 

new  ingenuity  on  the  part  of  the  pro- 

ducer. What  is  more,  the  photographing 

of  the  backgrounds  has  definitely  de- 

manded a  special  new  type  of  raw  film. 

Eastman    Background    Negative — re- 

cently announced  and  now  widely  used 

— is  the  answer.  Possessing  unique  char- 

acteristics, it  dovetails  perfectly  with  this 

important  technical  advance.  It  greatly 

enhances  the  beauty,  effectiveness,  and 

value  of  projection  background  "shots." 

Eastman  Kodak  Company.  (J.  E.  Brula- 

tour.    Inc.,    Distributors,    New    York, 

Chicago,  Hollywood.) 

EASTMAN 

BACKGROUND    NEGATIVE 

MOTION  PICTURE 

DAILY 


Tuesday,  October  31,   1933 


Fox  Making  Search 
For  Latin  Players 


Hollywood,  Oct.  30. — Fox  Films' 
survey  of  the  foreign  production  mar- 
ket reveals  that  the  Spanish  speaking 
countries  are  fed  up  with  the  same 
faces  appearing  in  Spanish  pictures. 
To  rectify  this  condition,  the  studio 
is  promoting  a  silent  campaign  for 
new  Latin  talent  and  has  spotted 
scouts  both  in  New  York  and  Holly- 
wood with  the  intention  of  strength- 
ening  the    contract    list. 

The  new  move,  according  to  re- 
ports, has  been  somewhat  stimulated 
by  Warners'  entry  into  the  Spanish 
production  field,  althouugh  Fox  has 
been  substantially  entrenched  in  this 
department  for  several  years.  The 
studio  now  has  about  four  Latin  play- 
ers under  contract. 


Ohio  Tax  Fight  to 
Be  Outlined  Today 

Columbus,  Oct.  30. — ^Independent 
exhibitors  in  all  sections  of  Ohio  have 
been  asked  to  attend  the  state  wide 
mass  meeting  at  the  Deshler-Wallick 
here  tomorrow,  when,  under  the  lead- 
ership of  P.  T.  Wood,  business  man- 
ager of  the  Ohio  exhibitor  unit,  plans 
will  be  formulated  for  an  attempt  to 
secure  repeal  of  the  existing  10  per 
cent  state  tax  levied  on  all  admis- 
sions over  10  cents,  effective  since 
Sept.  1.  The  matter  is  expected  to 
be  brought  to  an  issue  when  the  leg- 
islature reconvenes  shortly  after 
Jan.  1. 

Fixing  of  the  exemption  in  the  low- 
er bracket  is  said  to  be  the  outgrowth 
of  internal  dissension  in  exhibitor 
ranks. 

Exhibitors  view  the  tax  as  discrim- 
inatory and  ruinous,  contending  that 
the  industry  should  not  be  singled 
out  to  bear  this  burden,  and  that  their 
business  is  being  seriously  affected 
thereby. 

A  general  sales  tax  in  Ohio  looms 
as  a  possibility  through  the  lowering 
of  real  estate  taxes,  as  provided  by 
a  constitutional  amendment  which  still 
is  on  the  calendar. 


Book  on  Settings 

"Settings  and  Costumes  of  the  Mod- 
ern Stage"  is  the  title  of  a  new  book 
from  The  Studio  Publications,  Inc._  It 
is  reprinted  from  an  English  edition. 
While  illustrations  are  confined^  solely 
to  stage  technique  developed  in  Eu- 
rope and  this  country  in  recent  years, 
it  may  be  of  interest  to  film  studio  art 
departments. 

There  are  two  articles  on  theatre 
art  develooments  and  their  trends. 
One,  by  Theodore  Komisarjevsky,  is 
devoted  to  Europe,  and  the  other,  by 
Lee  Simonson,  covers  the  field  in  this 
country.  The  illustrations,  some  of 
which  are  in  color,  cover  the  work  of 
136  artists,  with  the  names  of  the 
plays  from  which  the  illustrations 
were  taken.  — J.  M.  J. 


"Keyhole**  Opening  Set 

"Broadway  Thru  a  Keyhole"  will 
be  shown  at  a  midnight  preview  at  the 
Rivoli  Wednesday.  Among  the  Broad- 
wayites  invited  are  Frances  Williams, 
who  is  featured  in  the  film ;  Rudy 
Vallee,  George  M.  Cohan,  Kate  Smith, 
Lou  Holtz,  Nancy  Carroll,  Helen 
Broderick,  Joe  Weber,  Bobby  Craw- 
ford, Fred  Allen  and  Ed  Wynn. 


Paid  After  8  Years 

Hollywood,  Oct.  30.  —  The 
Rip  Van  Winkle  of  the  films 
was  discovered  this  week, 
when  Louis  Becker,  extra 
player,  appeared  at  the  M- 
G-M  cashier's  window  to  col- 
lect on  a  voucher  for  a  day's 
work  he  did  eight  years  ago. 

When  Becker  finished  work 
in  "Blarney,"  a  prizefighter 
story  featuring  Ralph  Graves 
and  the  late  Renee  Adoree 
way  back  in  1926,  he  found 
the  cashier  had  gone  home. 
Subsequently  he  lost  the 
check  and  only  discovered  it 
recently  when  rummaging 
through  a  suitcase. 


Theatre  Men  Appear 
Before  Grand  Jury 

Kansas  City,  Oct.  30. — Following 
public  complaints  made  by  clergy- 
men regarding  the  type  of  shows  in 
certain  theatres,  the  Jackson  County 
Grand  Jury  in  session  here  sum- 
moned a  number  of  theatre  men. 

It  was  learned  the  Grand  Jury 
had  decided  to  inquire  into  reports 
some  theatres  were  presenting  "im- 
moral and  obscene"  performances. 
Eugne  C.  Reppert,  director  of  police, 
was  a  witness. 


"Cradle  Song'*  to  Para. 

Plans  for  showing  "Cradle  Song" 
at  two-a-day  at  the  Criterion  have 
been  dropped  by  Paramount  with  dat- 
ing yesterday  of  the  first  American 
Dorothea  Wieck  film  into  the  New 
York  Paramount  to  follow  "I'm  No 
Angel,"  which  is  now  set  for  four 
weeks. 


"Spirit  of  *33**  Okayed 

Seven  of  the  heads  of  Federal  Gov- 
ernment departments  are  reported  to 
have  given  official  approval  to  "The 
Spirit  of  '33,"  a  serial  tracing  the  his- 
tory of  America  which  is  being  made 
by  Edward  F.  Hurley  for  distribution 
by  the  J.  H.  Harper  Producing  and 
Distributing  Co.  of  New  York. 


Disney  Closes  Color  Deal 

Hollywood,  Oct.  30. — Walt  Disney 
has  closed  a  deal  with  Technicolor 
to  process  the  balance  of  the  Mickey 
Mouse  cartoons  in  color  along  with 
his  present  series  of  "Mother  Goose" 
cartoons. 


Zanft  Held  Option 
On  Roxy,  He  States 

Hollywood,  Oct.  30. — John  Zanft, 
former  Fox  vice-president,  revealed 
a  bit  of  history  on  his  arrival  from 
New  York  when  he  divulged  the  fact 
he  had  held  an  option  on  the  Old 
Roxy  for  a  year.  The  theatre,  he 
added,  was  to  become  a  link  in  a  cir- 
cuit which  he  had  proposed  develop- 
ing. 

Zanft  said  he  had  a  hankering  to 
reenter  exhibition  but  that  when  Sam 
Katz  came  along  in  January  with 
what  looked  like  a  feasible  project, 
he  gave  up  a  lucrative  brokerage 
business  in  New  York  to  become 
Katz's  partner.  Zanft  says  he  thought 
the  time  was  propitious  for  the  forma- 
tion of  a  theatre  circuit,  as  houses 
were  becoming  available  as  a  result  of 
the  breaking  up  of  the  large  circuits. 

The  original  plans  were  for  the- 
atres only,  said  Zanft,  but  when 
Katz  and  he  arrived  in  Hollywood 
last  March  and  Katz  issued  state- 
ments to  the  newspapers  about  a  big 
production  project  and  intentions  to 
draw  stars  and  directors  from  estab- 
lished companies,  he  thought  it  best 
to  sever  the  relationship  immediately. 
Whereupon  Zanft  says  he  returned  to 
New  York  without  further  ado. 

His  present  trip  west  has  no  par- 
ticular significance,  he  said.  He  was 
accompanied  here  by  Jack  Emanuel, 
a  New  York  stock  broker. 


Expect  Ontario  Tax 
To  Reach  $900,000 

Toronto,  Oct.  30. — A  preliminary 
report  by  E.  A.  Dunlop,  provincial 
treasurer,  gives  revenue  from  the 
amusement  tax  in  Ontario  for  the  fis- 
cal year  now  closing  as  approximately 
$900,000. 

Dunlop  stated  this  was  one  item 
which  was  well  above  government  es- 
timates made  at  the  beginning  of  the 
year  and  that  tax  returns  from  the- 
atres had  mounted  steadily  in  recent 
months,  injdicating  better  business. 
Practically  all  other  receipts  are  below 
estimates,  except  the  gasoline  tax. 


Albert  M.  Irwin  Dead 

Hamilton,  O.,  Oct.  30.— Albert 
M.  Irwin,  64,  operator  at  the  Rialto, 
died  suddenly  at  his  home  here.  He 
was  the  oldest  projectionist  in  point 
of  service  in  this  section  of  the  coun- 
try, having  been  in  the  business  for 
nearly   30  years. 


Universal  Pfd.  Rises  One  Point 

Net 

High  Low  Close  Change 

Columbia    Pictures,    vtc 22  21  21  —1 

Consolidated    Film    Industries,    pfd 9i/4  9  9  —  Vf. 

Easttnan   Kodak    74M  7054  70Ji  —VA 

Fox    Film    "A" 15^  IS  15  

Loew's,    Inc 29  25%  26  —2'A 

Paramount    Publix    25^  V/g  VA  —  Va 

Pathe  Exchange   Wf.         VA  \Vi  —  V» 

Pathe    Exchange    "A" K'A  S'A  854  +  'A 

RKO     234.  VA  2V-,  —Vi 

Universal    Pictures,   pfd 1954  195^  1954  -|-1 

Warner  Bros 7  654  6;4  —  Vi. 

Technicolor  Off  Half  Point   . 

Net 
High      Low      Close     Change 

Sentry    Safety    Control Vi  54  54        

Technicolor     1054       10  10  —  Vi 

General  Theatre  Up  One  Half 

Net 
High      Low      Close     Change 

General   Theatre   Equipment   6s    '40 45^         454         4'/^        4-  '/4 

Paramount    Broadway    5543   '51 30'/4       3054       30'/4       —^ 

Warner   Bros.   6s   '39,   wd 4054       4054       40}4        +^ 


Sales 

200 

400 

600 

1,600 

1.200 

1,300 

100 

100 

600 

2,000 


Sales 

100 
100 


SeJes 

1 
1 
6 


Goldwyn  Blasts 
Warner's  Charge 


{Continued  from   page   1) 

of  the  clause  in  the  industry  code 
forbidding  star-raiding,  Samuel  Gold- 
wyn in  a  statement  today  denied  his 
action  was  the  result  of  a  dispute 
with  the  NRA  authority,  asserting  his 
studio  was  "the  first  to  join  the 
NRA." 

"We  have  received  no  criticism 
or  complaint  from  the  government," 
said  the  producer.  "My  resignation 
was  based  on  my  refusal  to  be  the 
member  of  any  organization  that  har- 
bors or  protects  Warner  Brothers.  I 
resigned  long  before  the  NRA  points 
were   in   dispute. 

"It  was  Warners  who  were  guilty 
of  the  most  reckless  star-raiding,  pi- 
rating Kay  Francis,  William  Powell 
and  Ruth  Chatterton.  When  Jack 
paid  an  actress  [referring  to  Con- 
stance Bennett]  $30,000  a  week,  this 
industry  became  the  laughing  stock 
of  the  country's  headlines.  I  had  a 
dance  director  working  under  a  con- 
tract calling  for  his  exclusive  serv- 
ices. He  became  tired  and  distracted 
during  the  day  when  he  should  have 
been  alert,  as  countless  people  de- 
pended upon  his  direction.  On  in- 
vestigation I  found  Warners  were  pi- 
rating his  services  at  night.  I  took 
the  matter  up  with  the  Hays  office, 
with  Jack  called  in  to  explain  his 
action.  His  answer  was,  'What  can 
I  do  about  it?'  Warners  could  do 
nothing  about  it  and  the  association 
could  do  nothing  about  it.  So  I  re- 
signed." 


Lightman  Gets  Help 
Of  Court  on  Pickets 

Memphis,  Oct.  30.— M.  A.  Light- 
man  has  secured  an  injunction  in 
Chancery  Court  limiting  union  work- 
men to  peaceful  picketing  of  the 
Strand  and  Princess,  his  non-union 
houses. 

Granting  of  the  injunction  elim- 
inated the  distribution  of  cards  in 
front  of  the  theatres  and  forced  the 
union  pickets  to  cease  loud  talking  and 
other  boisterous  acts. 


United  Artists  Now 
Offering  20  on  List 

United  Artists  is  now  offering  20 
pictures  on  the  new  season's  lineup, 
the  exact  total  still  indefinite.  This 
figure  does  not  include  three  Samuel 
Goldwvn  productions,  "Nana,"  "Bar- 
bary  Coast"  and  "Roman  Scandals," 
which  are  first  reviewed  by  the  home 
office  before  a  selling  policy  is  set. 

K.  C.  Ball  Set  Dec.  4 

Kansas  City,  Oct.  30.— The  Kan- 
sas City  film  industry  will  stage  its 
third  annual  charity  ball  at  the  Pla- 
Mor  ballroom  Dec.  4.  Frank  Hens- 
ler,  M-G-M  branch  manager,  is  gen- 
eral chairman.  Committees  will  be 
announced  next  week.  Proceeds  of 
these  affairs  are  devoted  to  relief  of 
needy  persons  within  the  local  indus- 
try. 


Minnesota  Opens  Nov.  3 

Minneapolis,  Oct.  30. — The  Min- 
nesota, the  northwest's  largest  house, 
which  has  been  dark  for  nearly  a  year, 
will  be  definitely  opened  Nov.  3,  ac- 
cording to  John  J.  Friedl,  general 
manager  of  the  Minnesota  Amusement 
Co. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  104 


NEW  YORK,  WEDNESDAY,  NOVEMBER  1,  1933 


TEN  CENTS 


Para.  Again 
Hearing  Name 
Of  Nathanson 


Activity  of   Wiseman  Is 
Reviving  Rumors 

With  Sir  William  Wiseman,  part- 
ner in  Kuhn,  Loeb  &  Co.,  assuming 
an  active  part  in  plans  leading  to  a 
reorganization  of  Paramount,  the 
name  of  N.  L.  Nathanson  is  again 
being  mentioned  as  a  potential  factor 
of  importance  in  the  company's  af- 
fairs. 

Nathanson,  some  months  ago,  was 
a  candidate  for  the  Paramount  presi- 
dency largely  at  the  behest  of  Wise- 
man and  the  banking  firm  with  which 
he  is  affiliated. 

"N.  L.,"  since  that  time,  has  as- 
sumed    the     presidency     of     Famous 

(Contitiued  on   page   6) 


Independents  Call 
Meeting  on  Strike 

Declaring  they  will  continue  the  lo- 
cal film  buying  strike  started  Oct. 
24  because  of  the  percentage  demands 
of  the  major  companies,  members  of 
the  ITOA  yesterday  called  a  meeting 
of  independent  exhibitors  in  the  metro- 
politan area  to  be  held  at  the  Astor 
tomorrow  afternoon  at  3  p.m.  Action 
to  be  taken  will  be  decided  at  that 
time. 

Arthur  Abeles,  Nathan  Hirsh,  H^- 
man  Rachmil,  Jack  Hattan,  Leo  Jus- 
tin, Russell  Cohen  and  Abraham  Dro- 
gan  were  named  as  a  committee  to 
review  all  pictures  of  First  Division 
and  all  other  independent  exchanges 
and  to  report  back  later  on  booking 
possibilities. 


Ohioans  Map  Plans 
ToBattlelO%Tax 

Columbus,  Oct.  31. — Plans  for  a 
fight  on  the  10  per  cent  admission 
tax  in  this  state  were  mapped  at  a 
meeting  of  independents  at  the  Desh- 
ler-Wallick  here  today  and  moves 
were    made    for    the    formation    of    a 

(^Continued  on   page   6) 


ff 


"U"  Probably  Will 
Handle  ^'Midnight 

"Midnight,"  produced  by  Chester 
Erskine,  well  known  New  York  stage 
director,  probably  will  be  distributed 
by  Universal.  The  picture  was  pro- 
duced at  the  Biograph  studio  in  the 
Bronx. 


Academy  Set  for  Battle 
Against  the  New  Guilds 


Hollywood,  Oct.  31. — Continuation 
of  the  Academy  of  M.  P.  Arts  and 
Sciences  along  present  lines  and  a 
fight  to  a  finish  against  the  new 
guilds  were  decided  upon  by  the  board 
of  governors  at  an  early  hour  this 
morning. 

Lester  Cowan,  executive  secretary, 
was  given  a  vote  of  appreciation  for 
his  work  in  Washington  in  connec- 
tion with  the  industry  code.  Mem- 
bers of  the  board  expressed  the  opin- 
ion that  the  Academy  will  be  much 
stronger  when  the  truth  about  the 
part  the  Academy  played  in  the  for- 
mulation of  the  code  is  made  known. 

It  was  decided  to  start  a  member- 


ship drive  and  set  up  a  finance  com- 
mittee. 

Full  publicity  on  all  proceedings 
leading  to  the  code  adoption  was  de- 
cided upon.  It  will  be  brought  out, 
it  was  stated,  that  prior  to  the  Wash- 
ington code  sessions,  the  Academy  had 
reached  an  agreement  with  producers 
on  provisions  affecting  creative  tal- 
ent, but  that  this  agreement  was  nega- 
tived by  the  protests  of  a  few  high- 
salaried  players. 

It  was  agreed  that  the  only  sen- 
sible choice  for  talent  is  to  cooper- 
ate with  the  government  in  giving 
the  code  a  fair  trial.     There  will  still 

CContinue'd   on    page   4) 


Laemmle  for 
Star  Raiding 
Ban  in  Code 


Albuquerque,  Oct.  31. — Carl  Laem- 
mle is  for  Article  5  and  its  restric- 
tions on  star  raiding  in  the  industry 
code,  he  said  here  during  the  pause 
of  the  westbound  Chief  on  which  he 
is  returning  to  the  Coast  from  a  Euro- 
pean trip. 

He  declared  he  was  opposed  to  se- 
cret and  premature  negotiations  for 
talent  as  well  as  to  other  raiding  tac- 
tics. 

The  veteran  Universal  president 
stated  he  had  not  had  time  to  read  the 
code  since  his  return  from  abroad,  but 
he  understood,  he  said,  that  there  is 
something  in  it  to  benefit  everybody. 
He  said  he  had  been  informed  it  gives 
independent   exhibitors   a   good   break. 

Company  business  was  very  good  in 
Europe,   Laemmle   said. 


^Harpies'  Goal 
Of  Hot  Attack 
By  Rosenblatt 


Capping  his  summary  and  interpre- 
tation of  code  provisions  relating  to 
exhibition  with  a  vitriolic  denuncia- 
tion of  "agitators  and  false  prophets" 
among  "self-styled  exhibitor  leaders 
without  five  cents  investment  in  the 
industry,"  Deputy  Administrator  Sol 
A.  Rosenblatt  called  upon  exhibitors 
to  "refuse  to  deal"  with  these  "de- 
structive" elements  within  the  indus- 
try in  his  address  to  the  Southeast- 
ern Exhibitors  Ass'n  at  Atlanta  on 
Monday. 

Definitely  identifying  the  objects  of 
his  attack  as  those  identified  with  in- 
dependent exhibitor  organizations,  at 
least  one  of  whom  he  associated  with 
last  week's  Allied  States  mass  meet- 
ing  in    Chicago,    Rosenblatt's    Atlanta 

(Continued   on    page   4) 


Johnson  Goes 
Into  Session 
With  Allied 


Expected   to   Take   Code 
To  President  Soon 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


''Little  Women'' 

(Radio) 

Hollywood,  Oct.  31. — Katharine  Hepburn,  in  all  her  box-ofiice  glory, 
gives  another  accomplished  display  of  talent  in  "Little  Women." 

Probing  deeply  into  emotional  realms,  blending  pathos  with  rippling, 
humor,  drama  and  romance  portrayed  by  a  select  cast  thrum  the  heart 
strings  with  an  appeal  powerful  and  poignant. 

Based  on  Louise  Alcott's  famed  classic  for  young  folks,  the  film's 
story  and  sentiment   sweep  across  the   family  circle  of  the   Civil  War 

(Continued   on    page    7) 


Washington,  Oct.  31. — Allied  rep- 
resentatives were  in  conference  here 
tonight  with  Administrator  Hugh  S. 
Johnson  .  and  Deputy  Administrator 
Sol  A.  Rosenblatt.  The  group  was 
asked  to  come  to  Washington  by 
Johnson  to  lay  before  him  the  com- 
plaints voiced  at  the  Chicago  meeting 
last  week. 

It  is  expected  here  Johnson  may 
conclude  his  consideration  of  the  code 
following  this  meeting  and  send  it  to 
the  White  House  tomorrow  or  Thurs- 
day, in  which  event  it  is  believed  the 
President  will  give  the  code  his  ap- 
proval before  Johnson  leaves  for  his 
trip  Friday  to  Chicago,  the  first  stop 
on  his  10-day  swing  through  the  west- 
ern  states. 


Banker  Explains  His 
Rosenblatt  Telegram 

Elyria,  O.,  Oct.  31. — It  is  under- 
stood that  satisfactory  explanation 
has  been  made  to  Deputy  NRA  Com- 
missioner Sol  A.  Rosenblatt  by  the 
Elyria  Savings  and  Trust  Co.  of  this 
city  for  a  telegram  sent  to  Washing- 
ton in  protest  against  the  film  code 
called  "phony,"  and  which  was  said 
to  be  the  basis  of  an  investigation 
by  the  Department  of  Justice. 

H.  H.  Nye,  official  of  the  Elyria 
Savings    and    Trust    Co.,    it    is    said, 

(Continued   on    page   4) 


Stanley,  General 
Again  Suing  Erpi 

Wilmington,  Oct.  31. — The  Stan- 
ley Company  of  America,  General 
Talking  Pictures  and  Duovac  today 
filed  a  motion  in  a  triple  damage  suit 
against  Electrical  Research  Prod- 
ucts. 


In   connection   with   the   new    Dela- 
ware  action,   Erpi's    legal   department 

(Continued  on  page  6) 


Says  Columbia  Sales 
Have  Risen  45,2% 

Columbia  sales  this  year  are  45.2 
per  cent  ahead  of  last  year  at  this 
time,  asserts  Abe  Montague,  sales 
manager.  This  is  in  the  face  of  all 
the  handicaps  with  which  the  year 
started,  he  says,  including  a  six-week 
(Continued  on  page  6) 


MOTION  PICTURE 

DAILY 


Wednesday,  November  I,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol.   34 


November  1,  1933 


No.   104 


Martin  Quigley 

Editor-in-Chief  and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


vNRA. 


^■^1^  PUBLISHED  daily,  except  Sunday 

/  j|  J  and  holidays,  by  Motion  Picture 
N^^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway.  New  York. 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets:  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford. 
Manager. 

London  correspondent:  W.  H.  Mooring 
41  Redhill  Drive,  Edgware,  London.  Eng 
land.  Berlin  correspondent:  Joachim  K 
Rutenberg.  "The  Film  Kurier."  Kothener 
strasse  37,  Berlin,  W.  9.  Paris  corres 
pondent:  Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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;     Canada    and     foreign     "tooou. 
$15.      Single   copies:    10   cents. 


Amalgamated  Offer 
Rejected  by  Bowes 

Studio  facilities  of  the  Amalga- 
mated Broadcasting  System,  formerly 
headed  by  Ed  Wynn,  have  been  re- 
jected by  M-G-M,  Major  Edward 
Bowes   said  yesterday. 

Admitting  that  M-G-M  is  interested 
in  acquiring  new  broadcasting  stu- 
dios, Major  Bowes  said  the  "Amal- 
gamated studios  were  offered  to  us 
but  have  been  rejected." 

A  transmitting  station  for  the  new 
M-G-M  broadcasting  activities  opens 
soon  at  Astoria,  L.  I.,  and,  it  is 
planned,  will  eventually  supersede 
WRNY,  WQAO,  WHN  and  WPAP 
all  of  which  are  M-G-M  owned.  The 
new  studio  is  intended  to  be  operated 
in  connection  with  the  new  trans- 
mitting   station. 


Strand  Leads  Bowlers 

The  Strand  is  leading  the  second 
week  of  the  film  bowling  league 
with  a  total  of  five  games  won  and 
one  lost.  The  Palace  is  second,  with 
Columbia,  the  Capitol,  Majestic  and 
Orpheum  trailing  in  the  order  named. 
Columbia  has  the  high  team  game 
record  to  date,  803,  and  McEntee,  of 
the  Orpheum,  leads  the  individual 
averages  with  1,114  pins. 


''Henry"  for  a  Week 

The  Radio  City  Roxy  will  hold 
"The  Private  Life  of  Henry  VI 11" 
over  for  an  entire  week,  instead  of 
changing  the  program  on  Wednesday 
as   has  been  the   custom. 


Frederick  B.  Wiley  Dead 

Boston,  Oct.  31. — Frederick  B. 
Wiley,  pioneer  operator  and  for  years 
with  the  Scollay  Square,  died  yester- 
day at  his  home  in  Wakefield,  Mass. 
He  was  a  World  War  veteran. 


Jean  Harlow  Recovers 

Los  Angeles,  Oct.  31. — Jean  Har- 
low is  back  at  her  Beverly  Hills  home 
after  15  days  in  the  hospital  recover- 
ing from  an  appendicitis  operation. 


Insiders^  Outlook 


TTARD  to  dodge  that  Nathan- 
*-  -^  son  man.  The  name  per- 
sists in  the  Paramount  picture, 
despite  his  current  job  as  head 
of  Famous  Players  Canadian.  A 
hot  one  that  hit  the  deck  early 
last  night  had  to  do  with  Sam 
Katz  and  his  former  love  at  the 
crossroads  of  the  world.  The 
downtown  group  has  been  talking 
to  Sam  about  a  return  engage- 
ment, this  yarn  insists,  and  it 
would  have  nothing  to  do  with 
theatres.  Among  the  uncon- 
firmed, likewise,  is  the  one  that 
had  to  do  with  Harold  Franklin 
getting  out  of  Radio  and  Katz 
maneuvering  to  get  in — that  is, 
after  Harold  had  walked.  .  .  . 

▼ 
There's  an  undercurrent  of 
something  or  other  in  John 
Zanft's  turning  back  pages  on 
Katz's  recent  production  ven- 
ture. Sam's  sale  of  his  expensive- 
to-build  estate,  back  of  Adolph 
Zukor's  place  up  New  City  way, 
to  the  Southern  Pacific  Hunting- 
tons  broke  yesterday.  It  hap- 
pened at  least  two  weeks  ago, 
but  what's  more  interesting  is 
the  fact  the  estate  was  turned 
over  for  cash.  .  .  .  Kidding  Her- 
man Robbins  and  Toby  Gruen 
at  the  Astor  the  other  day,  re- 
marked some  one :  "It's  about 
time  for  some  one  to  start  another 
trailer  company  so  you  fellows 
can  buy  it  out,  isn't  it?"  An- 
swered Toby :  "Is  that  nice ;  just 
when  I'm  sitting  down  to 
lunch  ?"  .  .  . 


More  about  "Only  Yesterday" 
later,  but  this  much  in  a  hurry: 
Universal  has  a  peach  of  a 
woman's  picture  in  this  one, 
which  John  M.  Stahl  took  eight 
months  to  make,  including  the 
recent  technicians'  strike  on  the 
coast.  In  it  appears  Margaret 
Sullavan.  So  what,  you  say  ?  So 
this :    An   unknown,   who   played 


the  ingenue  in  the  New  York 
stage  production  of  "Dinner  at 
Eight,"  she's  got  something  and 
shows  it  in  her  first  picture.  The 
cast  is  good,  but  Miss  Sullavan 
is  better,  much  better.  She'll  go 
places  by  benefit  of  direction 
and  material.  .  .  .  Her  story  is 
an  interesting  one  and  press 
agentry  plays  no  part  in  it.  Uni- 
versal had  been  tipped  off  about 
her,  principally  through  Charlie 
Beahan.  .  .  . 


It  was  one  heluva  job  to  make 
her  submit  to  a  test.  When 
Stahl  saw  it,  he  dropped  all  other 
ideas  and  insisted  upon  her  for 
his  lead.  Then  came  a  tough 
road  to  travel,  all  having  to  do 
with  contracts  and  the  like.  The 
Sullavan  girl  simply  refused  to 
get  excited  except  for  her  excite- 
ment attendant  upon  avoiding 
Hollywood.  Finally  came  a  five- 
year  contract  with  a  clause  per- 
mitting her  to  cancel  out  in 
eleven  days.  That  was  to  give 
her  a  chance  to  see  if  she  liked 
"U,"  if  "U"  liked  her  and  if  she 
liked  Hollywood.  Having  fin- 
ished her  first  picture,  she's  in  the 
swim.  When  the  film  gets  going, 
there  won't  be  any  need  to  de- 
pend upon  this  column  and  its 
forecast  about  her.  The  proof 
is  rieht  on  celluloid.  .  .  . 


Is  Terry  Turner  returning  to 
RKO  and  will  some  of  the  ex- 
ecutives who  once  worked  there 
work  there  again  ?  Just  a  Broad- 
way brand  new  Broadway  rum- 
bling. Those  overseas  cables 
would  indicate  it's  a  new  cam- 
paign of  aggression  against 
American  films.  Not  so,  say  the 
foreign  sales  managers,  but  a  re- 
peat on  the  well  defined  attitude 
abroad  of  trying  to  meet  deficits 
by  new   taxables   and  of  giving 

(Continued   on    pape   7) 


Most  Issues  Remain  Steady 

Net 

High  Low  Close  Change 

Consolidated     Film     Industries 3^  3^         SH  +  'A 

Consolidated    Film    Industries,    pfd 9  8%         9            

Eastman    Kodak     71  70%  71  +14. 

Fox    Film    "A" 14^  14^  1A%  —U 

Loew's,    Inc 26^  2S5i  26%  +  'A 

Paramount    Publix     V/n  1%          vA.        

Pathe    Exchange     VA  VA          VA  —  H 

Pathe    Exchange    "A" 854  7%         «%  +  'A 

RKO  :: 2y2      2v»     2h    -Vi^ 

Warner    Bros 6'A  6^  6%        —'A 

TecJinicolor  Up  One  Eighth 

Net 
High      Low      Close     Change 

General    Theatre    Equipment,    pfd H  M  H        +  'A 

Sentry    Safety    Control 54  Vi  'A        

Technicolor     9^4  9}4         9H        +  'A 

Paramount  Publix  Drops  One 

Net 

High  Low  Close  Change 

General    Theatre    Equipment   6s   '40 4%         4  4  —  'A 

Keith   B.   F.   6s   '46 4654        4654  4654        -fl 

T,oew's   6s   Ml,    ww    deb    rights 8454       8454  8454        —  M 

Paramount   F.    L.    6s    '47 2854  2854  2854        —  '/4 

Paramount    Publix   554s    'SO 2954  29  29  —1 

Warner  Bros.  6s  '39,  wd 3954        39  39  —  'A 


Sales 

100 
300 
500 
200 

1,200 
300 
100 
400 
200 

3.000 


Sales 

300 
200 
400 


Sales 

10 
5 
3 
5 

14 
6 


i  Purely 
Personal  ► 


EMIL  LUDWIG,  the  biographer, 
gets  in  from  the  coast  today  on 
his  way  back  to  his  home  in  Locarno, 
Switzerland.  He  has  been  working 
for  Warners  on  a  picture  based  on  the 
life   of   Napoleon. 

Bill  Steiner,  cameraman  at  the 
Eastern  Service  Studio,  has  gone  to 
Paramount  News  to  shoot  a  few  there. 
Larry  Williams,  who  recently  re- 
turned from  London,  will  do  the 
shooting  at  Eastern  Studio. 

Ann  Ronell,  composer  of  "Who's 
Afraid  of  the  Big,  Bad  Wolf,"  has 
written  a  song  for  "Joe  Palooka"  and 
is  doing  the  music  for  "Alice  in  Won- 
derland." Miss  Ronell  is  Sol  Ro- 
senblatt's sister. 

Joel  McCrea  and  Frances  Dee 
have  been  forced  to  cut  short  their 
honeymoon  as  the  result  of  a  call 
from  Radio  that  Miss  Dee  proceed  to 
Fort  Myer,  Va.,  for  her  role  in 
"Rodney." 

Steve  Trilling,  vice-president  of 
the  Warner  Club  in  charge  of  enter- 
tainment, handled  arrangements  for 
the  Hallowe'en  eve  party  and  dance 
the    other   night    at   the    clubrooms. 

Hunt  Stromberg,  producer  of  "Es- 
kimo," will  come  to  New  York  next 
week  to  be  present  at  the  opening  of 
the  feature  at  the  Astor  on  Nov.  14. 

Tamar  Lane,  editor  of  the  Film 
Mercury,  Hollywood,  is  in  town  at  the 
Hotel  Lincoln.  He  motored  across  the 
country. 

Henry  King  and  his  orchestra  have 
been  signed  for  an  Educational  short 
to  be  produced  at  the  Eastern  Service 
Studios. 

James  Melton  will  start  work  soon 
on  one  of  the  Educational  "Song  Hit 
Stories"  at  the  Eastern  Service  Stu- 
dio. 

C.  C.  Pettijohn,  Dave  Palfrey- 
man  and  Dave  Hochreich  among 
mid-day  diners  at  the  Algonquin  yes- 
terday. 

Paul  Lukas  arrived  from  Holly- 
wood by  air  last  night  and  sails  on  the 
lie  de  France  Saturday. 

Russell  Markert,  who  has  been 
directing  dances  for  20th  Century's 
"Moulin  Rouge,"  is  back. 

BiNG  Crosby  is  back  from  picture 
work  on  the  coast  to  resume  broad- 
casting. 

Harry  Lichtig  of  Lichtig  and 
Englander,  coast  agents,  is  in  town. 
At  the  Warwick. 

Lucille  Ball,  show  girl  in 
"Roman  Scandals,"  arrives  here  by 
plane  today. 

Milt  Cohen,  Vitaphone's  store- 
keeper, will  take  the  big  leap  on  De- 
cember  31. 

William  Anthony  McGuire  has 
sold  "Disillusion"  to  Fox  for  early 
production. 

Benny  Davis  and  James  Hanley 
will  do  the  songs  for  the  Educational 
short  featuring  Lillian  Roth. 


RADIO    CITY 
MUSIC    HALL 

(5,945;34-55-57), 
^Berkeley  Square* 
(Fox)  and  stage  show. 
Two -a -day ed  at  the 
Gaiety,  after  an  inter- 
vening week's  rest, 
this  one  is  doing  re- 
markably well  over 
here  and  may  get 
$90,000» 
— CTrotn.  Variety") 


AT  THE  $2   QAIETY,   NE 


ITS    FOURT 
E   LOCUST,  PHI 


$2    WEEK 


MOTION  PICTURE 

DAILY 


Wednesday,   November    I,    1933 


^Harpies'  Goal 
Of  Hot  Attack 
By  Rosenblatt 


iCantiiiucd  from   payc   1) 

attack  is  regarded  as  his  reply  to 
the  criticism  of  himself  and  the  code 
contained  in  resolutions  adopted  at  the 
Chicago  exhibitor  meeting.  Allied 
States,  however,  is  nowhere  mentioned 
in   Rosenblatt's   address   by   name. 

Discussing  his  reasons  for  exclud- 
ing the  right  to  buy  from  the  code 
and  dissatisfaction  in  Allied  ranks 
over  representation  on  grievance  and 
other  administrative  boards  set  up  by 
the  code,  Rosenblatt  said : 

"One  self-styled  exhibitor  leader, 
who  so  far  as  I  know  hasn't  got  five 
cents  invested  in  the  motion  picture 
industry,  as  recently  as  nine  days  ago 
and  a  few  hours  before  he  left  for 
Chicago,  was  unable  to  give  me  an 
intelligent  answer  as  to  how  the  'right 
to  buy'  which  he  advocates  would 
work   in  a  given   situation. 

Sees  Need  for  Reason 

"I  have  found  after  the  most  thor- 
ough consideration  of  these  buying 
problems,  and  after  carefully  search- 
ing my  files  of  letters  from  exhibi- 
tors, that  in  this  industry  every  ex- 
hibitor's problems  is  peculiarly  his 
own.  I  further  found  that  this  in- 
dustry must  be  governed  by  reason 
and  common-sense  in  each  situation 
as  it  exists  or  arises  and  that  this 
industry  cannot  be  governed  by  slo- 
gans  and  catch-words. 

"I  found  that  from  Maine  to  Cali- 
fornia 85  per  cent  of  exhibitors'  com- 
plaints were  that  competitors  had  been 
guilty  of  overbuying  and  of  adopting 
unfairly  competing  operating  policies. 
I  further  found  that  the  next  10  per 
cent  of  exhibitors'  complaints  were 
with  respect  to  unfair  and  unequitable 
clearance  and  protection  and  that  the 
remaining  5  per  cent  of  complaints 
were  of  general  miscellaneous  char- 
acter, including  a  complaint  from  an 
exhibitor  paying  $5  each  for  feature 
motion  pictures  that  such  license 
charge  was  too  high. 

Explains  Clearance  Boards 

"In  view  of  all  the  foregoing,  and 
in  order  to  eradicate  the  abuses  which 
exist,  local  clearance  and  zoning 
boards  and  local  grievance  boards  are 
provided  for  under  the  proposed  code. 
I  expect  their  membership  to  be  of 
good  citizens,  of  men  who  are  highly 
regarded  in  this  industry,  of  men  of 
good  repute,  and  I  expect  their  deci- 
sions to  be  fair,  impartial  and  just. 
A  representative  of  the  administra- 
tor will  sit  with  each  of  such  boards 
just  as  three  representatives  of  the 
administrator  sit  with  the  code  au- 
thority, in  order  that  the  public  inter- 
est may  be  protected  and  safeguard- 
ed. The  work  of  these  boards  will 
and  must  be  carefully  supervised  and 
the  rights  of  all  persons  who  appear 
before  them  will  and  must  be  care- 
fully regarded. 

"If  these  boards  do  not  accomplish 
that  for  which  they  are  intended,  fur- 
ther provisions  will  undoubtedly  have 
to  be  formulated. 

Decries   Advance   Criticism 

"No  man  alive  is  entitled  to  criti- 
cise in  advance  these  boards  and  their 
functions.      Criticism    will    come    with 


more  grace  and* justification  if  these 
boards  fail  in  that  which  they  are 
created  to  do. 

"You  must  know  and  realize  that 
these  grievance  boards  will  not  be 
sitting  primarily  to  hear  and  deter- 
mine the  rights  which  exhibitors  may 
have  when  they  go  into  the  courts 
and  bring  a  lawsuit.  These  boards 
are  to  determine  cases  where  exhibi- 
tors may  have  no  legal  rights  what- 
soever. Their  jurisdiction  has 
designedly  been  made  very  broad. 
They  constitute  a  new  and  construc- 
tive advance  in  self-regulation  and 
self-discipline  by   industry. 

"In  keeping  with  their  expressed 
desires  that  they  have  tribunals  within 
their  own  industry  before  which  they 
may  lay  complaints  and  grievances, 
representative  exhibitors  throughout 
the  country  have  lauded  the  creation 
of  these  boards.  Will  you  imagine 
my  amazement  when  one  of  these 
so-called  exhibitor  leaders  who  is  not 
a  bona  fide  exhibitor  was  before  me 
for  a  lengthy  period  of  time  just  nine 
days  ago  demanding  that  the  jurisdic- 
tion of  these  boards  should  be  strictly 
confined  to  matters  only  within  the 
code.  This  person,  apparently,  would 
deny  to  the  exhibitors  of  the  country 
their  right  and  privilege  to  an  open 
discussion  and  an  open  determination 
of  their  problems  in  case  particular 
reference  to  such  problem  was  not 
contained  within  the  proposed  code. 

"Now,  in  the  very  moment  when  a 
marked  advance  is  about  to  be  made 
by  this  industry  in  coordinatnig  the 
activities  of  its  three  economic  divi- 
sions, and  of  attempting  to  replace 
discord  and  friction  with  harmony  and 
cooperation,  we  are  presented  with  a 
spectacle  of  false  prophets  and  pro- 
fessional agitators  arising  to  shout 
their  empty  and  evil  prophecies  into 
the  ears  of  the  members  of  this  in- 
dustry. 

"Perhaps  these  agitators  would 
have  turned  into  possible  cooperators 
if  the  code  had  provided  that  other 
persons  than  bona  lide  executives  and 
bona  fide  exhibitors  could  be  seated 
in  places  of  high  authority  within 
this  industry. 

"However,  at  this  very  moment, 
when  our  great  President"  is  asking 
for  your  cooperation  with  his.  admin- 
istration in  attempting  to  help  solve 
the  difficult  problems  of  this  nation, 
including  the  difficult  problems  of  his 
industry,  our  ears  are  assailed  by  the 
raucous  evil  cries  of  the  professional 
harpies  of  this  industry  who  make 
their  money  living  upon. the  life  blood 
of  independent  exhibitors. 

Challenges   "Chiselers" 

"Our  President  has  challenged  the 
chiselers  of  this  nation — I  challenge 
the  chiselers   of  this   industry ! 

"Our  beloved  President  has  warned 
the  money  changers  in  our  country, 
and  I  warn  the  unholy  money  collect- 
ing parasites  now  circulating  among 
our  exhibitors. 

"This  nation,  as  well  as  this  in- 
dustry, can  have  no  place  for  industrial 
termites.  I  tell  you  that  this  industry 
has  suffered  too  long  from  those  who 
feed  the  loco  weed  to  our  exhibitors. 
I  ask  you  to  refuse  to  deal  with  those 
who  like  the  boll  weevil  in  the  cotton 
are  attempting  to  destroy  by  their 
efforts  the  legitimate  business  of  this 
industry. 

"The  National  Recovery  Administra- 
tion is  determined  to  go  forward  in 
its  great  work  under  the  guidance 
and  leadership  of  President  Roose- 
velt and  General  Hugh  .S.  Johnson. 
It  cannot  he  swayed  or  deterred  from 
its   purpose  by  innuendoes  and  asper- 


sions cast  upon  the  honesty  and  sin- 
cerity of  its  motives.  It  cannot  be 
threatened  or  coerced  by  self-styled 
leaders  of  industry,  ur  by  tiiuse  mem- 
bers of  this  industry  who  are  mo- 
tivated solely  by  sell-interest  without 
regard  to  the  welfare  of  the  over- 
wlielming  majority  of  members  of  the 
same  industry. 

"This  is  too  big,  too  great  and  too 
important  an  industry  to  be  led  astray 
from  a  brilliant  future.  With  the 
proposed  code  in  operation,  and  with 
Its  workings  being  carefully  super- 
vised and  watched  over  by  the  Ad- 
ministrator, this  industry  should  be 
a  better  and  more  profitable  one  for 
Its  producer,  distributor  and  exhibitor 
members. 

"In  recent  weeks,  with  this  Ad- 
ministration lending  its  active  support 
to  the  general  welfare  of  industry, 
approximately  five  hundred  motion 
picture  theatres  have  re-opened  with 
resulting  employment  to  numerous 
persons  heretofore  out  of  work  and 
with  profit  to  the  exhibitors  running 
those  theatres.  This  would  appear  to 
be  progress  in  the  right  direction. 
Those  exhibitors,  and  1  hope  all  of 
you  here,  face  the  future  with  courage 
and  with  renewed  hope  in  tlie  efforts 
of  our  President." 


Banker  Explains  His 
Rosenblatt  Telegram 

{Coiitiiiiicd  from   page    Jj 

has  written  to  Rosenblatt  substan- 
tiating over  his  personal  signature 
the  content  of  the  telegram. 

The  wire  was  okayed  by  Nye's  sec- 
retary in  his  absence  from  town.  Up- 
on his  return  he  was  not  notified 
about  it,  so  when  an  acknowledgment 
arrived  from  Washington,  he  re- 
sponded witli  the  statement  that  he 
knew   nothing  about  it. 

The  telegram,  which  has  stirred  up 
so  much  dust  read  as  follows :  "In- 
dependent theatres  depend  on  your 
fairness    for    existence." 


Allied  Discussing 
Closing  as  Protest 

Minneapolis,  Oct.  31. — Members 
of  Allied  States  unit  of  Minnesota 
and  South  Dakota  are  discussing 
plans  for  closing  their  theatres  Dec. 
1  as  a  protest  to  the  ratio  of  mem- 
bership on  the  code  authority  as  it 
is  now  reported  to  be  constituted. 

The  exhibitors  contend  that  the  re- 
ported setup  of  the  board  does  not 
give  independent  interests  a  50-50  rep- 
resentation. 


Churchmen  Act  on  Code 

Westmeld,  Mass.,  Oct.  31.— Mem- 
bers of  the  Men's  Club  of  Second 
Congregational  church  have  wired 
President  Roosevelt  asking  investiga- 
tion into  block  buying  of  films  and  de- 
manding provision  ht  included  in  the 
NR.A  code  against  the  alleged  prac- 
tice. 


Chaney  Widow  Dead 

Hollywood,  Oct.  31. — Hazel  Gene- 
vieve Chaney,  46,  widow  of  Lon 
Chaney,  died  this  morning  at  Saint 
\'incent  Hospital  here  after  a  linger- 
ing illness  that  kept  her  in  a  hospital 
bed  since  Sept.  28. 


Sally  Eilers-Fox  Agree 

HoLLvwoon,  Oct.  31. — The  dispute 
between  Sally  Eilers  and  Fox  Studios 
has  been  settled  and  the  actress  is 
liack  (111  tiie  payroll.  Her  next  as- 
signment  is   still   up   in   the   air. 


Academy  Set 
For  a  Battle 
Upon  Guilds 


{Ciiiili lined  from   payc    1) 

be  opportunity,  it  was  agreed,  to  get 
revision  of  objectionable  items,  and 
the  Academy  should  make  every  ef- 
fort to  get  changes  on  the  following 
seven  points : 

1.  Protection  for  production  unit 
workers  above  $70  per  week,  who  are 
disregarded  in  the  code,  with  neither 
limitation  of  hours  nor  spread  of  em- 
ployment. 

^.  Free  lance  actors  should  receive 
protection  against  unlimited  hours  for 
a   day's   pay. 

3.  As  the  code  guarantees  that  rules 
of  fair  practice  and  appropriate  pen- 
alties will  be  worked  out,  power  to 
register  or  license  agents  now  included 
in  the  code  is  neither  necessary  nor 
desirable. 

4.  Code  authority's  power  to  black- 
list artists  usurps  the  powers  that  be- 
long in  courts  to  interpret  contracts. 
Before  the  government  backs  the  let- 
ter of  contracts  with  any  such  ma- 
chinery the  whole  contract  system  in 
films  should  be  examined  thoroughly 
and  the  deciding  body  on  particular 
cases  should  be  one  that  can  be  impar- 
tial   between    employer    and    employe. 

5.  The  $10,000  fine  clause  re- 
maining from  the  salary  board  idea 
in  Article  5  is  unsound  in  principle 
and  so  vaguely  worded  as  to  have  no 
definite  meaning,  but  will  be  a  con- 
tinuous source  of  suspicion  and  irri- 
tation. 

6.  The  Academy  is  still  opposed  to 
the  present  form  of  Article  5. 

7.  The  code  authority  lacks  direct 
representation  in  Hollywood.  Even 
if  the  code  authority  should  be  com- 
posed entirely  of  producers,  some  of 
them  should  have  the  west  coast  view- 
point instead  of  permitting  the  au- 
thority to  be  entirely  dominated  by 
the  east. 


Jersey  Allied  Talks  Code 

With  Sidney  Samuelson  presiding, 
Allied  of  New  Jersey  yesterday  held 
its  regular  meeting,  the  first  general 
session  since  the  eastern  Allied  con- 
vention in  Atlantic  City  a  month  ago. 
Discussions  centered  about  develop- 
ments at  the  Chicago  mass  meeting 
last    week. 


To  Start  '* Disillusion" 

Hollywood,  Oct.  30. — Fox  has 
taken  "Disillusion"  from  the  shelves 
and  has  handed  it  to  William  Consel- 
man  to  work  up  into  screen  material. 
Irving  Cummings  will  handle  the  di- 
rectorial  reins. 

The  story  was  once  announced  as 
a    vehicle   for    Elissa    Landi. 


Routine  Hays  Meeting 

Directors  of  the  Hays  organiza- 
tion held  a  routine  meeting  yester- 
day. Developments  were  routine  in 
view  of  the  fact  that  Nicholas  M. 
Schenck  is  in  Hollywood  and  Sidney 
R.   Kent  in   Europe. 


Delay  Federation  Meet 

Although  originally  planned  for 
last  night,  the  meeting  of  the  Federa- 
tion of  the  M.  P.  Industry  will  be 
held  tomorrow  night  instead.  Place : 
Park  Central.    Time:  8  P.  M. 


p; 


l«K 


Directed  by  George  Archoinbaud 
MERIAN  C.  COOPER,  Executive  Prod. 
H.  N.  Swanson,  Atsociote  Producer 


Entrancing  as  an  Angel 
Dangerous  as  the  Devil! 


conjTflncE 


/n 


GILBERT  ROLAND 

As  "K-IA",  Spyl  .  .  .  she  bewitched  men's  hearts  and  sent 
regiments  to  their  death!  But  her  own  heart  was  crying  out 
for  the  man  she  must  now  betray! 

* 

That  glamorous  lady,  Constance  Bennett  in  the  arms  of 
Gilbert  Roland  will  send  tingling  thrills  up  and  down  the 
spines  of  your  feminine  audience  for  they've  never  seen  her 
more  alluring  ...  or  love  scenes  more  tantalizing  . . .  than 
in  this  stunning  tale  of  a  spy  in  love  and  a  conqueror  the 
captive  of  his  prisoner!  ^ 

S.  R.  O.  ...BANK  ON  IT! 


MOTION  PICTURE 

DAILY 


Wednesday,  November    I,    1933 


Para,  Again 
Hearing  Name 
OfNathanson 


(Continued  from  page  1) 

Players  Canadian  Corp.,  largest  sin- 
gle theatre  company  across  the  in- 
ternational border  and  dominant  ex- 
hibition factor  m  Canada.  The  in- 
side story  has  persisted  lor  weeks  that 
his  return  to  Famous  Flayers  Cana- 
dian, a  company  in  the  development 
of  which  he  played  a  vital  part,  de- 
veloped by  way  of  a  compromise  in 
the  plan  to  set  him  in  the  Faramount 
presidency.  The  move  to  headquarter 
him  in  New  York  in  complete  charge 
ot  the  company's  operations  met  with 
opposition  from  veteran  Paramount 
executives. 

When  Schaefer  was  appointed  gen- 
eral manager  of  the  organization 
some  months  ago,  the  promotion  was 
viewed  as  Paraniount's  indirect  an- 
swer to  the  then  persistently  recurring 
reports  that  Nathanson  was  on  his 
way  in. 


Ohioans  Map  Plans 
ToBattlelO%Tax 

(Continued  from  page  1) 

permanent  organization.  It  was  stated 
that  the  state  is  now  collecting  $300,- 
000  monthly. 

Nat  Charnas  and  Henry  Gre.en- 
berger  of  Toledo,  John  Pekkas  of 
Elyria,  LeMetto  Smith  of  Alliance, 
M.  J.  Kirshbaum  of  Akron  and  A.  G. 
Hettesheimer  of  Cincinnati  were 
named  a  committee  to  carry  out  plans 
for  the  new  organization.  They  will 
meet  again  in  two  weeks.  They  will 
pick  out  a  slate  of  permanent  officers 
with  a  member  from  each  Congres- 
sional district  as  a  governing  body. 

Ernest  A.  Schwarts,  president  of 
the  Cleveland  Exhibitors'  Assn,  pre- 
sided today,  with  George  W.  Erdman, 
secretary,  assisting.  There  were  218 
exhibitors  present. 

Upon  motion  of  Meyer  Fine  of 
Cleveland,  a  telegram  was  sent  to 
W.  B.  Horwitz,  now  in  Washington, 
giving  him  power  to  act  in  behalf  of 
the  Ohio  independents  on  code  prob- 
lems, and  to  insist  upon  incorporation 
of  recognition  of  independents'  rights 
and  to  ask  for  the  appointment  of 
an  impartial  representative  to  look 
after  independents'  problems. 


Monogram  in  S.  A.  Deal 

Ritchey  Export  Corp..  subsidiary  of 
Monogram,  has  just  closed  a  deal  with 
H.  Staunton  Wallach  to  handle  Mon- 
ogram product  in  South  America.  He 
will  make  his  headquarters  in  Buenos 
Aires  and  will  cover  Argentina,  Bra- 
zil, Uruguay.  Paraguay,  Venezuela, 
Ecuador,  Chile,  Bolivia  and  Peru. 


Film  Series  for  School 

A  series  of  subscription  film  show- 
ings to  be  started  with  "Spring,"  a 
Soviet  film,  is  to  be  put  on  at  the 
New  School  for  Social  Research 
starting  Nov.  18.  There  will  be  a 
number  of  lectures  on  post-revolution- 
ary Russian  films  by  Joseph  Freeman, 
Joshua  Kunitz  and  Nathan  Adler.. 


Poor  Injuns! 

Seattle,  Oct.  31.— Wild  west 
stories  are  ruining  the  cos- 
tumes and  customs  of  the 
northwest  Indians,  who  think 
they  ought  to  dress  like  char- 
acters in  novels  and  the  films, 
says  Dr.  Erna  Gunther,  direc- 
tor of  the  University  of 
Washington  museum. 


Stanley,  General 
Again  Suing  Erpi 

(Continued  from  page  1) 

yesterday  issued  the  following  state- 
ment : 

"There  is  nothing  new  in  these 
suits.  The  issues  involved  have  been 
in  litigation  for  many  months.  Stan- 
ley, Duovac,  and  General  Talking 
Pictures  asked  the  Federal  Court  in 
Delaware  for  several  injunctions 
against  the  enforcement  of  Erpi's 
contracts  with  producers  and  theatres. 
The  court  refused  to  issue  an  in- 
junction against  the  contract  for  serv- 
icing theatres  and  the  collection  of 
charges  therefor.  It  granted  the  plea 
for  an  injunction  against  the  enforce- 
ment of  the  clause  providing  for  the 
furnishing  of  replacement  parts  and 
the  clause  thought  to  limit  distribu- 
tion of  the  pictures  of  producer  li- 
censees to  theatres  equipped  with  ap- 
paratus of  Western  Electric  manu- 
tacture. 

"No  attempt  was  ever  made  by 
Erpi  to  enforce  the  first  of  these  pro- 
visions by  legal  action,  and  the  lat- 
ter appeared  only  in  the  original  li- 
censes to  Vitaphone  and  the  Fox  com- 
panies in  which  it  was  superseded 
more  than  five  years  ago.  As  a  mat- 
ter of  fact,  the  injunctions  have  never 
been  issued,  due  to  the  failure  of  the 
plaintiffs  to   file  the  necessary  bonds. 

"The  litigation  which  resulted  as 
above  was  based  upon  the  alleged 
violation  of  the  Sherman  and  Clayton 
anti-trust  laws,  and  the  effect  of  the 
new  action  is  to  ask  for  damages  al- 
leged to  have  been  suffered  by  reason 
of  the  matters  now  before  the  courts." 


Grainger  Trip  Soon 

James  R.  Grainger,  general  sales 
manager  of  Universal,  who  returned 
from  a  cross-country  trip  a  few  days 
ago,  plans  to  leave  on  another  trip 
about  Dec.  8.  He  will  visit  Western 
Canadian  cities  and  end  his  trek  on 
the   Pacific   Coast. 


Caldwell  Gets  Mail  Box 

Toledo,  Oct.  31.— Wally  Caldwell 
has  been  granted  a  temporary  govern- 
ment mail  box  by  Postmaster  Far- 
ley, which  has  been  posted  in  the 
lobby  of  the  Valentine.  Purpose  is  for 
congratulatory  letters  on  Marie 
Drcssler's  birthday  on   Nov.  9. 


Shaves  Percentage  List 

RKO  Radio  has  shaved  its  list  of 
percentage  pictures  on  the  new  sea- 
son's lineup  by  eight,  cutting  the  22 
originally  scheduled  to  eight  on  pre- 
ferred playing  time  and  six  others. 


Yoost  Adds  Seventh 

William  Yoost  has  added  the  Circle 
in  Columbus  Circle  to  his  circuit  of 
six  houses. 


New  Sales  Plan  Set 
By  Gaumont-British 


London,  Oct.  31. — Consolidation  of 
W.  and  F.  Film  Service,  Ltd.,  and 
Gaumont  Ideal,  Ltd.,  into  a  distribu- 
tion unit  for  Gaumont-British  Picture 
Corp.  has  been  completed.  The  new 
distributing  unit  will  be  known  as 
Gaumont-British  Distributors,  Ltd., 
and  its  personnel  will  be  comprised 
principally  of  the  W.  and  F.  staff. 

The  consolidation  is  in  line  with  a 
corporate  program  calling  for  expan- 
sion of  G-B  distribution  in  foreign 
markets  and  increased  attention  to 
short  subject  production  and,  in  par- 
ticular, the  further  development  of 
Gaumont  Graphic,  the  company's 
newsreel. 


Jury  Quiz  Reported 
Into  K,  C,  Labor  Row 

Kansas  City,  Oct.  31.— Jackson 
County  Grand  Jury  has  been  making 
an  investigation  of  alleged  operator 
racketeering  in  this  city.  Motion 
Picture  Daily  learns  from  authentic 
sources.  It  is  understood  the  investi- 
gation, requested  by  suburban  theatre 
owners  employing  non-union  help  who 
have  had  labor  trouble,  was  ordered 
by  Judge   Page  of    Circuit   Court. 

Suburban  exhibitors  testified  be- 
fore the  Grand  Jury  last  week  and 
union  operators  were  being  sub- 
poenaed today.  Downtown  managers 
will  be  called  before  the  jury  next 
week.  Operators'  union  officials  and 
police  officials,  including  Police  Di- 
rector Reppert,  are  also  expected  to 
give  testimony.  Motion  Picture 
Daily  learns  the  jury  is  inquiring  in- 
to strikes,  lockouts,  bombings  and 
violence  of  the  past  two  years. 


85  Screen  Actors 

Join  Guild  in  Day 

Hollywood,  Oct.  31. — The  Actors' 
Guild  showed  itself  more  determined 
than  ever  today  in  its  fight  to  become 
a  powerful  independent  organization 
of  film  players  when  it  announced  that 
85  actors  had  been  added  to  its  mem- 
bership list  to  augment  the  62  taken 
into  its  fold  yesterday. 

As  a  step  in  its  drive  to  get  every 
actor  to  join  it,  the  guild  is  holding 
a  meeting  of  its  membership  commit- 
tee tonight  at  the  home  of  Chester 
Morris  to  devise  ways  and  means  of 
bringing  this  about.  Those  meeting 
with  Morris  are  Boris  Karloff,  Jean 
Hersholt,  Ann  Harding,  Warren  Wil- 
liam, Miriam  Hopkins,  James  Dunn, 
Lucille  Gleason,  Eddie  Nugent,  Frank 
Morgan,  James  Cagney,  Dick  Powell, 
Claude  King  and  Lois  Wilson.  The 
membership  of  the  guild  is  now  1,080. 

The  Writers'  Guild  is  reported  to 
be  laying  plans  to  wage  a  similar 
campaign   in  the   writing  ranks. 


Portland  Reopening  Set 

Portland,  Ore.,  Oct.  31. — Ever- 
green State  Amusement  Co.,  of  which 
Frank  Newman  is  head,  will  reopen 
the  3,000-seat  Paramount  here  Nov. 
10.  Popular  prices  will  prevail.  The 
theatre,  dark  for  a  year,  will  be  an 
outlet  for  Fox  and  Paraii\ount  prod- 
uct. Manager  Homer  Gill  announces 
the  opening  picture  will  be  Maurice 
Chevalier's  "Way  to  Love."  Stage 
shows  will  be  given,  with  Matt  How- 
ard's orchestra  supplying  the  music. 
The  Liberty  will  continue  as  a  first 
run  house,  with  "I'm  No  Angel"  as 
the  first  attraction  under  its  new  pol- 
icy. 


AngeF'  Big 
B'way  Noise 
In  2nd  Week 


"I'm  No  Angel"  was  just  as  much 
of  a  Broadway  sensation  in  its  sec- 
ond week  as  in  its  first  at  the  Para- 
mount. The  take  of  $68,200  was  still 
the  biggest  thing  in  the  Manhattan 
first  run  sector  and  the  West  opus 
was  held  over  for  a  third  session. 

"Aggie  Appleby,  Maker  of  Men" 
made  a  pretty  sad  showing  at  the 
RKO  Music  Hall  as  a  follow  for 
"The  Private  Life  of  Henry  VIII." 
The  take  was  $59,000. 

"Bombshell"  enlivened  things  around 
the  Capitol  with  a  gross  of  $49,735. 
"Footlight  Parade"  was  still  strong 
at  $20,912  in  its  third  week  at  the 
Strand,  and  "Dinner  at  Eight"  took 
$13,203  in  its  ninth  week  at  the 
Astor. 

Estimated  takings : 

Week  Ending  Oct.  22: 

"EVER  IN   MY  HEART"   (Warners) 

HOLLYWOOD— (1,545).        25c-85c,        2nd 
week.   4   days.     Gross:    $3,600. 
"AGGIE  APPLEBY,    MAKER  OF   MEN" 
(Radio) 

RKO  MUSIC  HALL— (5.945),  35c-$1.65,  7 
days.      Stage    show.       Gross:    $59,000. 

"FOOTLIGHT    PARADE"    (Warners) 

STRAND— (2,000),  35c-$1.2S,  3rd  week,  7 
days.      Gross:   $20,912. 

Week  Ending  Oct.  26: 
"WANDERING    JEW"    (J.A.F.A.) 

CAMEO— (549),  25c-40c,  7  days.  Gross: 
$4,457. 

"BOMBSHELL"    (M-G-M) 

CAPITOL— (4,700),       35c-$1.65,       7       days. 
Stage:     Ted    Lewis    and    his   revue.     Gross: 
$49  735 
"WILD   BOYS   OF   THE  ROAD"   (F.  N.) 

PALACE— (2,500),  25c -75c,  7  days.  Stage 
show.      Gross:    $7,865. 

"I'M    NO    ANGEL"    (Para.) 

PARAMOUNT— (3.700),  3Sc-99c,  2nd  week. 
7  days.  Stage:  Ethel  Shutta,  George  Olsen 
and    band.      Gross:    $68,200. 

"HEADLINE  SHOOTER"  (Radio) 

RIALTO— (2,200),  40c-65c,  7  days.     Gross: 

"WALLS   OF   GOLD"    (Fox) 

ROXY— (6,200),  25c-55c,  7  days.  Stage 
show.     Gross:   $22,000. 

Week  Ending  Oct.  27: 

"DR    BULL"     (Fox)-4    days 

"CHARLIE  CHAN'S   GREATEST   CASE" 

(Fox) -3    days 

RKO  ROXY— (3,700),  25c-55c,  7  days. 
Gross:    $12,000. 

Week  Ending  Oct.  29: 
"DINNER    AT    EIGHT"    (M-G-M) 

ASTOR— (1,012),     55c-$2.20,     9th     week,     7 
days.      Gross:   $13,203. 
"DANCE,  GIRL,  DANCE"  (First  Division) 

MAYFAIR— (2,300),  35c-85c,  7  days. 
Gross:    $6,400. 

Week  Ending  Oct.  31: 
"THE   BOWERY"   (U.  A.) 

RU'OLI— (2,200),  35c-99c,  4th  week,  7  days. 
GroES:    $17,900. 


Says  Columbia  Sales 
Have  Risen  45.2% 

(Continued  from  page  1) 

delay  in  getting  the  selling  season 
under  way. 

In  round  figures  the  company  is  850 
accounts  ahead  of  last  year  at  this 
date. 

"During  the  last  three  weeks  espe- 
cially," Montague  says,  "sales  have 
broken  all  records  in  the  history  of 
Columbia.  These  have  represented 
not  only  the  most  important  circuits, 
but  also  many  independent  groups,  and 
exhibitors  from  the  smaller  towns — 
something  very  important,  indeed, 
from  our  viewpoint.  And  to  add  to 
the  encouragement  of  the  situation 
last  week's  business  topped  everything 
in  the  history  of  our  organization." 


Wednesday,   November    I,    1933 


MOTION  PICTURE 

DAILY 


Insiders'  Outlook 


(.Continued  from  page  2) 

some  of  the  natives  who  haven't 
'em  jobs.  .  .  .  Boss  Jack  becomes 
Uncle-in-Law  Jack  on  January  3 
wlien  Mervyn  Le  Roy  and  Doris 
Warner,  daughter  of  Harry  and 
niece  of  Jack,  go  altar-bound. 
The  date's  been  fixed  finally.  .  .  . 


The  "king"  complex,  not  hard 
to  understand  in  the  film  busi- 
ness, although  the  stock  of  super- 
men hasn't  been  exactly  bullish  in 
the  last  two  years  or  more,  has  a 
habit  of  creeping  in.  For  in- 
stance, those  titles  of  some  far, 
near  and  coming  releases : 

King  Kong. 

King  of  Jazz. 

King  of  the  Ritz. 

King  of  Fashion. 

King  for  a  Night. 

King  of  the  Arena. 

Soldiers  of  the  King. 

King  of  Wild  Horses. 

Cougar,  the  King  Killer. 


Regardless  of  what's  in  or  out 
of  it,  filmites  at  large  want  the 
code  signed.  Some  of  the  inde- 
pendents say  it's  like  standing  on 
the  gallows,  waiting  for  the  trap 
to  spring.  How  do  they  know  ? 
.  .  .  "Who's  Afraid  of  the  Big, 
Bad  Wolf?"  is  Lester  Cowan's 
favorite  ditty.  So  much  so,  he 
couldn't  resist  referring  to  it  in 
his  code  report  to  the  Academy's 
board  of  governors  in  Hollywood 
Monday  night.  That's  allegiance 
for  you.  More  than  you  may 
suspect.  .  .  . 

K  AN  N 


Stage  Shows  for  Casino 

The  Casino,  at  7th  Ave.  and  50th 
St.,  which  he  recently  acquii;ed  jointly 
with  Haring  and  Blumenthal,  local 
circuit  operators,  will  be  used  for 
stage  attractions  and  not  for  films,  as 
was  originally  planned,  it  was  revealed 
yesterday  by  Jack  Shapiro,  of  Shapiro 
Bros.,  building  contractors  of  1560 
Broadway.  Shapiro  said  the  house 
had  been  taken  over  with  films  in 
mind.  He  asserted  the  decision  was 
made  to  switch  to  stage  shows  when 
it  was  discovered  after  a  survey  of 
the  picture  field  that  the  type  of  film 
productions  sought  for  the  house  were 
already  tied  up  and  it  would  be  diffi- 
cult to  book  them.  A  number  of 
legitimate  shows  have  been  lined  up, 
according  to  Shapiro. 


Chesterfield  Buys  Songs 

Chesterfield  has  purchased  six  songs 
from  Albert  Von  Tilzer  for  "Rain- 
bow Over  Broadway."  Edward  J. 
Kay,  who  did  the  orchestrations  for 
"Be  Mine  Tonight,"  is  doing  the 
same  job  for  this  musical. 


Portland  Over  seated 

Portland,  Oct.  31. — Reopening  of 
the  Pantages  leaves  this  city  badly 
over-seated  again.  The  Pantages 
makes  the  seating  total  downtown 
about  13,000  in  a  population  of  301,815. 


The  Hollywood  Parade 


.By  BILL  SWIG  ART. 


Hollywood,  Oct.  31. — Coditis  is  get- 
ting such  a  hold  on  this  town  that 
most  every  group  of  workers  from 
janitors  to  associate  producers  is 
forming  guilds  to  combat  any  unfair 
articles  that  may  be  included  in  the 
finished  code.  There  are  two  groups 
of  extras  in  the  process  of  organ- 
izing separate  guilds  and  all  for  the 
same  reason,  something  to  think  about 
and  worry  over  the  future,  for,  after 
all,  it's  in  the  air,  and  whatever  one 
does  in  Hollywood,  you  will  find  thou- 
sands following  in  their  footsteps.  The 
more  conservative  thinkers  in  this 
business  are  sitting  by  the  sidelines 
waiting  for  the  final  delivery  of  the 
code  and  saying  nothing.  It  is 
their  belief  the  proper  time  to  cross 
the  bridge  is  when  you  come  to  it.  It 
is  this  group  of  thinkers  and  workers 
that  believe  everything  will  be  worked 
out  for  the  best  interests  of  the  in- 
dustry and,  if  not,  there  will  be 
plenty  of  time  to  rectify  the  wrong. 

There  is  a  distinct  feeling  among 
conservatives  that  the  extras,  by  be- 
ing put  into  groups  where  they  have 
to  pay  monthly  dues,  are  in  danger  of 
being  sadly  exploited.  Their  average 
income  is  so  small  monthly  dues  will 
be  a  sharp  drain  on  them,  say  the  ob- 
servers ;  and,  besides,  the  code  agree- 
ment on  extras  already  is  believed  tn 
have    ameliorated    their    condition. 


SI  RANGE  THINGS  DO  "HAP- 
PEN" IN  HOLLYWOOD  :— Just 
recently  an  ambitious  executive  at 
M-G-AI  approached  Mae  West  to 
write  a  story  for  Greta  Garbo.  Mae 
said  "No"  and  is  now  doing  a  Garbo 
by  hiding  away  from  everyone  in 
order  to  complete  her  own  next  story. 
"It  Ain't  No  Sin."  This  must  be  com- 
pleted before  the  first  of  the  year,  at 
which  time  the  curvacious  star  will 
curve  around  the  country  playing  one- 
night   stands. 

Speaking  of  Garbo  recalls  the  inci- 
dent when  she  discovered  an  extra 
hiding  in  the  rafters  in  order  that  he 
might  watch  her  work  below.  The 
Swedish  temperament  exploded  with 
the     result     that     five     guards     were 


spotted  around  the  stage  and  set  to  keep 
curious  persons  from  laying  their 
lamps  on  her  while  she  was  working. 
This  is  but  a  sample  of  the  "Great" 
Garbo's  desire  for  seclusion,  As  a 
matter  of  fact  the  complex  has  be- 
come so  great  that  she  is  said  to  be 
contemplating  the  installation  of  in- 
visible glass  in  her  motor  cars,  that 
new  type  of  glass  where  the  occupant 
can  see  out  from  within  but  the  out- 
sider can  not  see  in. 
• 

With  Kalmar  and  Ruby  doing  a 
burn-up  over  the  erroneous  report  that 
had  Norman  Krasna  brought  in  by 
Paramount  to  write  additional  dia- 
logue for  "Duck  Soup,"  they  are 
rightly  justified  as  Krasna  did  noth- 
ing on  the  picture  other  than  take 
a  look  at  it  in  its  preview  stages. 
The  only  writers  who  contributed  to 
the  story  apart  from  Kalmar  and 
RuiJY  were  Sheekman  and  Perrin. 
• 

It's  interesting  to  note  that  several 
producers  at  one  of  the  studios  are 
reported  secretly  buying  up  all  the 
preferred  stock  of  this  company  that 
they  possibly  can.  It's  just  a  precau- 
tionary move  on  their  part  to  protect 
their  jobs  in  case. 
• 

Because  the  manager  of  a  local  the- 
atre failed  to  recognize  Jimmy  Mur- 
uay,  the  actor  was  refused  admittance 
to  see  the  preview  of  his  own  picture. 
"Take  a  Chance."  Jimmy  offered  to 
buy  a  seat  against  an  S.  R.  O.  and 
had  to  send  inside  for  some  one  who 
knew  him  before  getting  in.  Such  is 
fame ! 


"Those  who  never  floated  stock 
have  a  license  to  cast  rocks."  This 
was  the  general  sentiment  around  town 
the  morning  after  a  well  known  pro- 
ducer publicly  denounced  the  New 
York  crowd  of  picture  stock  manipu- 
lators. 


This  is  like  carrying  coals  to  New- 
castle— M-G-M  sent  three  carloads  of 
props  to  Mexico  for  the  "Viva  Villa" 
company.  Among  the  shipment  were 
35  t\pical   Mexican  guitars. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 

(.Continued  from  pape  1) 

period,  depicting  the  sacrifices  and  devotions  of  four  bustle-and-bang 
flappers  of  that  day  and  age. 

The  production  elicits  strong  sympathetic  responses  by  simple  strokes 
of  homespun  humanity.  With  a  strong  feminine  draw  assured,  the  pro- 
duction may  also  pique  the  interest  of  young  moderns  by  revealing 
today's  emotions  in  yesterday's  dress. 

Miss  Hepburn's  brilliance  is  aided  by  the  supporting  players  con- 
tributing sterling  performances,  with  laurels  going  to  Joan  Bennett, 
Jean  Parker,  Frances  Dee,  Paul  Lukas,  Edna  May  Oliver,  Douglas 
Montgomery  and  Henry  Stephenson.  George  Cukor's  direction  is 
smooth  and  sincere. 

With  Miss  Hepburn's  popularity  at  its  peak  linked  with  unusual  enter- 
tainment quality,  "Little  Women"  may  challenge  some  of  the  recent 
box-office  leaders  for  straight,  place  or  show.  "Little  Women"  is 
stamped  with  happy  holidays. 


Hollywood 
Personals 


Hollywood,  Oct.  31 

BERT  WHEELER,  Robert  Wool- 
SEY,  Thelma  Todd  and  Dorothy 
Lee  are  set  for  a  cross-country  tour  in 
a  stage  musical  called  "Dumb  Bells." 
The  comedians  wrote  the  story  with 
Tim  Whelan,  and  Bert  Kalmar  and 
Harry  Ruby  did  the  music. 

Warner  Baxter's  picture  has  been 
placed  in  the  Movietone  City  hall  of 
fame  along  with  Janet  Gaynor  and 
Will  Rogers,  the  hall  having  been 
reserved  for  players  with  ten  or  more 
Fox  pictures  to  their  credit. 

LeRoy  Printz  and  Jack  Haskelly 
have  been  signed  to  stage  the  dance 
routines  in  two  Paramount  films. 
The  former  will  work  on  "Alice"  and 
the  latter  on  "Search  for   Beauty." 

Walter  Connolly  has  been  loaned 
to  Charles  Rogers  Productions  for 
"Eight  Girls  in  a  Boat"  (Rogers- 
Paramount). 

David  Landau,  Emerson  Tracy 
and  Paul  Nicholson  go  into  the  cast 
of  "Wild  Birds,"  featuring  Dorothy 
Jordan    (Radio). 

Harry  Holman,  Vera  Lewis  and 
Morgan  Wallace  added  to  "Once 
Over  Lightly"   (Radio). 

El  Brendel  has  been  spotted  in 
"Hearts  and  Flowers,"  the  Zazu 
Pitts-Pert  Kelton  comedy  (Radio). 

Esther  Muir,  former  musical  com- 
edy actress,  has  been  added  to  the  cast 
of  Paramount's  "Cap'n  Jericho." 

John  Bright  has  been  signed  by 
Radio  to  work  on  "We  Have  a  Right 
to  Live." 

Russell  Patterson,  recently  signed 
by  Fox  to  do  the  settings  for  "Fox 
Follies,"  has  arrived  here  by  plane. 

Sidney  Toler  goes  into  "Trigger" 
(Radio). 

Samuel  Hines  and  Jessie  Pringle 
assigned  to  "Sleepers  East"   (Fox). 

Frank  Conway  and  Pat  Collins 
grab  roles  in  "Rodney"    (Radio). 

Irene  Ware  goes  into  "Orient  Ex- 
press."   (Fox.) 

Damon  Runyon's  "All  Scarlet" 
has  been  purchased  by  Radio. 

Russ  CoLUMBO  has  been  signed  by 
20th  Century  for  "Moulin  Rouge." 

Arthur  Hohl  and  David  Durand 
in  "As  the  Earth  Turns"   (Warners). 

Reginald  Owen  and  Bodil  Rosing 
in  "Mandalay"  (Warners). 

William  Davidson  in  "Massacre" 
(Warners). 

Sam  Ash  in  "The  Girl  Without  a 
Room"   (Paramount). 

Dorothy  Lebaire  (Mrs.  Marion 
Gering)   in  "Hi,  Nellie"  (Warners). 

Spencer  Charters  in  "King  of 
r'"ashion"  (Warners). 

Wally  Albright  will  appear  in 
"Smoky"   as   a  child  cowboy    (Fox). 


MOTION  PICTURE 

DAILY 


Wednesday,  November   I,   1933 


ii 


Love,"  Show 
Get  $20,000, 
Philadelphia 


Philadelphia,  Oct.  31. — Business 
ill  Philly  took  another  slapping  last 
week,  with  grosses  in  general  on  the 
down  grade.  The  Stanley,  however, 
ended  its  stage  show  reign  with  a 
good  outburst  of  trade— $20,000— for 
"The  Way  to  Love"'  and  Amos  and 
Andy.  First  stageless  show  has 
"Footlight    Parade"    as    the    feature. 

The  Aldine  held  up  to  a  good 
second  week  with  $8,000  for  "The 
Bowery,"  giving  the  film  a  third 
week.  "Berkeley  Square"  slipped  a 
little  at  the  Locust,  but  trade  is  con- 
sistent and  it  will  probably  get  two 
more  weeks — making  five  in  all.  Ad- 
vance is  fair  for  "Dinner  at  Eight," 
which  opened  Monday  on  a  road  show 
basis  at  the  Chestnut. 

Total  first  run  business  was  $85,- 
300.     Average    is   $89,200. 

Estimated  takings  in  the  week  end- 
ing Oct.  26: 

"THE  BOWERY"  (U.  A.) 
ALDINE— (1,200).  40c-55c-65c,  6  days.  (2nd 
week.     Gross:    $8,(K)0.      (Average,  $7,000.) 
"BROADWAY  TO  HOLLYWOOD" 
(M-G-M) 
ARCADIA— (600),  25c-40c-55c,  5  days.  (2rul 
run.)     Gross:  $1,800.     (Average.  $2,400.) 
"EVER  IN  MY  HEART"  (Warners) 
BOYD— (2,400),  40c-55c-65c.  6  days.  Gross: 
$10,000.     (Average.  $12,000.) 

"SATURDAY'S  MILLIONS"  (Univ.) 
EARLE^(2,000),  40c-55c-65c,  6  days.  Stage: 
Al   W'ohlman  Revue,  Lewis  and  Ames.   Kay 
Hamilton,  Picchiani  Troupe.     Gross:  $10,000 
(Average,  $12,000.) 

"RAFTER  ROMANCE"  (Radio) 
FOX— (3,000),   35c-55c-75c,   6  days.     Stage: 
Bill    Robinson    and    his    "Goin"    to    Town" 
Revue.     Gross:  $15,000.     (Average,  $16,000.) 
"BEIAUTY  FOR  SALE"  (M-G-M) 
KARLTON— (1.000),    30c-40c-50c,    6    days. 
Gross:    $3,000.     (Average.   $3,500.) 

"POWER  AND  GLORY"  (Fox) 
KEITH'S— (2.000),  25c-35c-40c,  7  days.  (2nd 
run.)     Gross:    $5,000.     (Average,  $5,500.) 
"BERKELEY  SQUARE"   (Fox) 
LOCUST— (l..?00),    55c-$1.10,   6   days.      (3rd 
week.)     Gross:  $6,500.     (Average.   $7,000.) 
"THE  WAY  TO  LOVE"   (Para.) 
STANLEY— (3,700),     40c-55c-75c,     6     days. 
Stage:  Amos  and  Andy,  Vic  Oliver.     Gross: 
$20,000.     (Average,  $16,000.) 

"S.  O.  S.  ICEBERG"  (Univ.) 
STANTON— (1,700)  ,  30c-40c-55c,     6    days. 
Gross:   $6,000.     (Average,   $7,000.) 


Boston  Exhibitors 
Victims  of  Holdups 

Boston,  Oct.  31. — Two  suburban 
Boston  theatre  managers  were  kid- 
naped and  robbed  by  bandits  yesterday. 
William  Aaronson,  30,  manager  of  the 
Boulevard,  Revere,  was  about  to  en- 
ter his  auto  at  the  curb  to  go  to  the 
bank  to  deposit  funds  when  a  stranger 
pushed  into  the  auto  beside  him. 

"Going  down  town?"  asked  the 
stranger. 

"No,"  replied  Aaronson. 

"Oh,  yes  you  are,"  said  the  bandit 
and  pressed  a  gun  against  Aaronson. 
Two  companions  jumped  into  the  back 
of  the  car  and  Aaronson  was  then 
ordered  to  drive  to  a  lonely  spot, 
where  he  was  forced  to  hand  over 
$500,  was  thrown  out  of  the  car  and 
the  bandits  drove  off  towards  Lynn. 

Two  hours  later  Maurice  Swartz, 
manager  of  the  Uptown  of  Lynn 
started  to  enter  his  car  when  a 
stranger  slid  in  beside  him.  Swartz 
said  he  wasn't  going  downtown,  but 
promptly  changed  his  mind.  He  was 
robbed  of  $300  and  a  wrist  watch  and 
forced  out  of  his  car  as  the  bandits 
headed  back  towards  Revere.  They 
escaped  a  police  dragnet. 


Looking  ^Em  Over 


"Above  the  Clouds" 

(  Columbia) 

Behind  the  .scenes  with  the  newsreel  cameramen,  or  keeping  tabs  on 
"Scoop"  of  the  Globe  Nen's.  In  converting  the  story  to  the  screen, 
actual  incidents  in  the  topics  of  the  day  are  shown,  such  as  the  ill-fated 
cruise  of  the  airship,  Savannah,  and  a  special  stunt  pulled  in  New  York 
some  time  ago  whereby  some  photographers  cooked  up  an  idea  that 
a  cat  carrying  a  kitten  across  the  street  in  its  mouth  and  a  policeman 
halting  traffic  for  the  purpose  was  a  human  interest  picture.  It's  enter- 
taining. 

Aside  from  this  the  story  concerns  itself  with  Robert  Armstrong,  who 
is  regarded  as  an  exclusive  newsreel  man.  Actually,  his  assistant, 
Richard  Cromwell,  does  all  the  work  and  is  even  responsible  for  orig- 
inating news  ideas.  Cromwell  refuses  to  take  the  credit  for  his  work 
and  Dorothy  Wilson,  his  sweetheart,  argues  with  him  on  this  point. 
However,  when  Armstrong  falls  down  on  a  submarine  crash  and  Crom- 
well turns  the  crank,  the  assistant  thinks  he  has  the  stuf¥,  but  it  turns 
out  to  be  a  mess  of  tests  made  by  Armstrong  when  trying  to  make  a 
girl.  Cromwell  is  fired  by  Edmund  Breese  and  Armstrong  is  assigned 
to  cover  the  Savannah  trip.  Cromwell  gets  aboard  the  airship  when 
he  waylays  Armstrong's  new  assistant  and  then  he  shows  his  hero  up. 

By  this  time  Breese  has  learned  the  truth  of  Cromwell's  past  and 
decides  to  take  him  on  as  a  full-fledged  cameraman.  The  Savannah 
splits  in  mid-air  and  lands  in  the  ocean.  Among  the  crew  saved  are 
Armstrong  and  Cromwell.  When  they  get  back  Armstrong  is  fired  and 
his  former  assistant  succeeds  him. 


ii 


''Perils  of  Pauline" 

( Universal) 

Only  the  title  is  reminiscent  of  the 
earlier  serial  by  the  same  name.  The 
three  first  two-reel  installments  are 
crammed  with  action.  Two  of  them 
run  21  minutes  ajid  the  third  20 
minutes. 

The  action  goes  into  the  China  Sea 
during  a  typhoon,  then  into  Indo- 
China  and  the  jungles.  The  first  starts 
with  a  hunt  for  a  disc  carrying  a 
formula  for  a  deadly  gas  in  a  deserted 
temple,  with  an  accompaniment  of 
shellfire  and  falling  aerial  bombs.  In 
the  second  there  is  a  fight  aboard  ship 
during  a  typhoon,  and  in  the  third  a 
remarkable  scene  while  a  boa  con- 
strictor saves  Pauline  from  one  of  the 
villains. 

Evalyn  Knapp  and  Robert  Allen  are 
the  leads,  with  James  Durkin,  John 
Davidson,  Sonny  Ray  and  Frank 
Lacketeen   in   stipporting   roles. 

''Manhattan  Special" 

{Invincible) 
One  of  the  series  of  the  American 
Explorer.  It  covers  Manhattan's  high- 
lights and  sidelights,  including  air  and 
ground  shots.  Some  of  the  historic 
spots  in  New  York  are  filmed.  A 
running  monologue  gave  an  Old 
Roxy  audience  a  number  of  laughs. 
It's  well  photographed  and  worth- 
while.   Running  time,  9  mins. 


SHORTS 

"Hollywood   on   Parade" 

{Paramount) 
This  is  a  parade  of  liollywood 
stars.  Selling  this  to  audiences  should 
be  a  cinch.  Lewis  Stone,  Polly  Mo- 
ran,  Marie  Dressier,  Una  Merkel, 
Mae  Marsh,  Randolph  Scott,  Jack 
Pearl,  Jean  Harlow,  Ed  Wynn,  and 
Wheeler  and  Woolsey  are  some  of 
the  personalities.  For  good  measure 
there  are  Jack  Dempsey  and  Max 
Baer.  Wheeler  and  Woolsey  provide 
the  film  with  a  highly  amusing  inter- 
lude.    Running  time,    11    mins. 


"Pin  Feathers" 

( Universal) 
One  of  the  "Pooch,  the  Pup"  series. 
It  deals  with  the  adventures  of  a  young 
bird  that  has  to  take  flying  and  music 
lessons.  Pooch  comes  to  the  rescue 
with  a  pair  of  artificial  wings  and 
makes  the  bird  swallow  a  whistle. 
All  goes  well  until  a  big  cat  grabs 
the  bird.  Pursuing  liirds  throw  forks 
and  finally  drive  the  cat  into  a  dog 
pound.  Some  of  the  whistling  and 
music  are  very  good.  Running  time, 
8  mins. 


"One  Awful  Night" 

{Paramount) 
Eugene  Pallette  and  Walter  Catlett 
are  teamed  as  a  pair  of  dumb  detec- 
tives who  get  themselves  into  hot 
water  when  their  blundering  attempts 
to  run  down  a  group  of  criminals  land 
them  behind  bars.  There  are  enough 
slapstick  laughs  to  keep  an  audience 
amused.    Running  time,  21  mins. 

"Steeplechase" 

{United  Artists) 
Walt  Disney  presents  "Mickey 
Mouse  in  some  hilarious  antics. 
Mickey  appears  as  a  jockey  deter- 
mined to  win  a  steeplechase  for  his 
boss.  When  his  horse  comes  across  a 
jug  of  liquor  and  gets  himself  plas- 
tered, Mickey  solves  the  problem  by 
having  two  colored  stable  boys  im- 
personate a  horse.  No  one  is  the  wiser 
and  Mickey  is  crowned  the  victor. 
Running  time,  7  mins. 

"The  Audition" 

{Vitaplwne)  . 
A  pleasant  musical  novelty  with 
Hannah  Williams  as  its  brightest 
note.  The  singer  puts  over  a  hot 
number  in  acceptable  fashion  and  goes 
througli  a  series  of  body  twists.  There 
are  a  number  of  southern  melodies 
rendered  by  '(he  TTiree  X  .Sisters 
softly  and  tunefully.  Running  time,  10 
mins. 


Angel"  Hits 
$26,000,  Big 
In  Pittsburgh 


Pittsburgh,  Oct.  31. — The  biggest 
thing  in  town  last  week,  and  inci- 
dentally the  biggest  thing  here  in 
months,  was  "I'm  No  Angel,"  which 
gave  the  Penn  $26,000,  more  than 
doubling  the  usual  take  and  slipping 
only  a  bit  under  the  record-breaking 
business  of  "Tugboat  Annie."  It 
looked  like  the  days  before  the  de- 
pression here,  with  the  ropes  up  at 
almost  every  performance. 

"I'm  No  Angel,"  surprisingly,  didn't 
take  away  much  from  the  other  spots, 
with  possibly  one  or  two  exceptions, 
and  business  all  over  town  was  pret- 
ty good.  At  the  Warner,  "Footlight 
Parade,"  after  a  great  week  at  the 
Stanley,  had  enough  left  in  it  to 
gather  $8,500,  the  best  figure  this 
house  has  had  in  a  long  time,  while 
"Emperor  Jones"  got  enough  class 
patronage  at  the  Fulton  to  hit  $5,000. 
"Wild  Boys  of  the  Road"  improved 
the  status  of  the  Davis,  which  has 
been  faring  badly  of  late,  claiming 
around  $3,000.  The  Pitt  and  the 
Stanley,  however,  were  off,  the 
former  getting  about  $3,900  with 
"Notorious  But  Nice"  and  vaudeville 
and  the  latter  around  $8,000  with 
"Ann  Vickers." 

Total  grosses  in  six  first  runs  were 
$54,400.    Average  is  $37,000. 

Estimated     takings    for    the     week 
ending  Oct.  28: 
"WILD  BOYS  OF  THE  ROAD"  (F.  N.) 
DAVIS— (1,700),    25c-40c,    7    days.      Gross: 
$3,000.     (Average  for  6  days,  $2,500.) 
"EMPEROR  JONES"  (U.  A.) 
FULTON— (1.750).   15c-40c,  6  days.  Gross: 
$5,000.     (Average,  $4,000.) 

"I'M   NO  ANGEL"    (Para.) 
PENN— (3,300),    2Sc-50c,    6    days.      Gross: 
$26,000.   with   extra   midnight   show.      (Aver- 
age, $12,000.) 

"NOTORIOUS  BUT  NICE"  (Chesterfteld) 
PITT— (1,600),  15c-40c,  6  days.  Stage:  Gil- 
bert Brothers,  Smith,  Strong  and  Lee,  Car- 
ter Brothers  Revue,  O'Neil  and  Manners. 
Bomby  and  His  Gang,  Clyde  Hager  and 
Helen  Grason  Revue.  Gross:  $3,900.  (Aver- 
age, $4,500.) 

"ANN  VICKERS"  (Radio) 
STANLEY— (3.600),  25c-50c,  6  days.  Gross: 
$8,000.      (Average,   $9,000.) 

"FOOTLIGHT  PARADE"  (Warners) 
WARNER— (2,000),   25c-50c,   6  days.      (2nd 
nui.)     Gross:  $8,500.     (Average,  $5,000.) 


"Bowery"  Four -Week 
Gross  Is  $127,595 

In  its  four  weeks  at  the  Rivoli  "The 
Bowery"  has  grossed  |127,59S.  Start- 
ing at  $45,000  for  the  week  ending 
Oct.  10,  it  declined  the  second  week  to 
$39,000,  and  took  $26,695  and  $17,900 
the  third  and  fourth  weeks. 

The  tabulation  follows : 

Week   Ending  Gross 

Week  ending  Oct.  10 $45,000 

Week  ending  Oct.  17 39,000 

Week  ending  Oct.  24: 26,695 

Week  ending  Oct.  31 17,900 

Total    $128,595 


Bowes  Promotes  Mayo 

Waldo  Mayo  has  been  named  per- 
manent conductor  of  the  Capitol  radio 
orchestra  by  Major  Edward  Bowes. 
This  is  the  orchestra  that  broadcasts 
every  Sunday  morning  over  the  NBC 
network.  Mayo  has  been  concert 
master  and  solo  violinist  at  the  Capi- 
tol for  some  time. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  105 


NEW  YORK,  THURSDAY,  NOVEMBER  2,  1933 


TEN  CENTS 


Figure  Five 
Million  Cut 
InRKOLoss 


Irving  Trust  Reports  to 
Court  as  Receiver 


An  estimated  reduction  in  net  loss 
for  RKO  of  nearly  $5,000,000  is  in- 
dicated for  the  current  year,  as  com- 
pared with  1932,  on  the  basis  of  the 
first  eight  months'  operations  this 
year,  tabulated  in  the  second  report 
of  Irving  Trust  Co.,  equity  receiver 
for  RKO,  filed  yesterday  with  Federal 
Judge   William    Bondy. 

The  receiver's  report  reveals  a  net 
loss  of  $3,356,552  for  the  eight  months 
ending  Aug.  31.  With  operations  con- 
tinuing at  a  comparable  level  for  the 
remainder  of  the  year,  net  loss  will 
approximate  $5,745,000,  as  compared 
with  net  loss  of  $10,695,503  for  1932. 

A  breakdown  of  the  current  eight- 
month  loss  shows  the  RKO  picture 
subsidiaries  charged  with  $1,441,847 
of  the  total,  representing  the  largest 
individual  loss  division.  The  theatre 
subsidiaries,  exclusive  of  Radio  City, 
are  second  with  a  loss  of  $977,484. 
Radio  City  theatres  account  for  a 
further  theatre  operating  loss  of  $134,- 
410  the  report  discloses. 

The  net  loss  of  the  picture  com- 
panies, however,  is  said  to  be  "con- 
siderably lower"  than  that  for  the 
same  period  of  1932  and  "involves  no 
cash  loss,"  according  to  the  report, 
which  states  further  that  the  cash 
position  of  the  picture  companies  on 
Aug.  31  "is  almost  identical"  with  that 
which  existed  at  the  time  of  the 
receivership  last  January  "despite  the 

(Continued  on  page  6) 


Reisman  in  New  RKO 
Post  and  He  Likes  It 

Phil  Reisman  yesterday  assumed 
new  duties  as  foreign  sales  manager 
of  RKO  and,  at  the  same  time,  trans- 
ferred his  office  from  the  11th  to  the 
14th    floor   of    the    RKO    Building. 

It  was  his  desire  to  return  to  dis- 
tribution in  which  practically  all  of 
his  experience,  in  the  industry  lies 
which  led  to  a  request  for  the  post 
in   the   foreign   department.    Rounding 

(.Continued  on   paqe  6) 

"Women"  Placed  in 
High  RKO  Brackets 

"Little  Women''  goes  on  the  RKO 
sales  schedule  as  one  of  the  company's 
percentage  pictures  in  the  higher 
brackets.  A  print  arrived  from  the 
coast  yesterday  and  was  screened  im- 

(Continued  on   page  6) 


RKO  Costs  Slashed 

RKO  costs  have  been 
trimmed  by  an  estimated 
$2,136,000  annually  Bs  com- 
pared with  last  year,  it  is  in- 
dicated in  the  receivers' 
second  report,  filed  yesterday. 
The  following  estimated  re- 
ductions in  costs  are  indi- 
cated : 
Picture  subsidiaries  $1,000,000 

Leases   475,000 

Payrolls  400,000 

Taxes  261,000 


Radio  Pictures  Cut 
Loss  by  $1,000,000 

Improvement  in  operations  of  Radio 
Pictures  is  reflected  in  the  second  re- 
port of  RKO  receivers  filed  with  the 
U.  S.  District  Court  here  yesterday, 
which  shows  an  estimated  reduction 
in  operating  loss  for  the  first  nine 
months  of  the  current  year  of  approx- 
imately $1,000,000,  as  compared  with 
the   same  period  last  year. 

The  reduction  in  loss  was  accom- 
plished, despite  a  decline  in  total  in- 
come from  $15,942,541  in  1932  to 
$14,212,505  in  1933,  according  to  the 
report.  The  operating  loss,  before 
accrued    interest    on    indebtedness    to 

(Covtin7tcd  on    page   6)' 


Receivers  Report 
St.  Louis  Profit 

St.  Louis,  Nov.  1. — In  their  final 
report  to  the  Circuit  Court,  Roy  F. 
Britton  and  Henri  Chouteau,  Circuit 
Court  receivers  for  the  St.  Louis 
Amusement  Co..  claimed  a  profit  of 
$170,197  during  the  period  of  the  re- 
ceivership from  Nov.  24,  1931,  to 
Aug.  7.  They  were  removed  as  re- 
ceivers by  Judge  Henry  Hamilton  on 
Aug.  8. 

During  the  receivership,  they  re- 
ported, conditions  were  generally  bad, 

(Continued  an    page   6) 


New  Union  in  Field 
Opposing  Tom  Maloy 

Chicago,  Nov.  1. — A  new  opera- 
tors' union  known  as  the  Independent 
Union  of  Motion  Picture  Operators, 
Inc.,  Local  101,  is  openly  out  in  the 
local  territory  seeking  theatres  in 
competition  with  Tom  Maloy's  or- 
ganization.      Clyde    Osterberg    is    the 

(Continued  on    page   6) 


Simon  Rowson  Heads 
New  British  Concern 

London,  Nov.  1. — Simon  Rowson 
is  heading  a  new  company  just  organ- 
ized   here    under    the    name    of    New 

(Continued  on  page  7) 


Foreign  Bars 
May  Force  Out 
U.  S.  Concerns 


Profits  Nearing  End  in 
Five  Countries 


Obstacles  to  foreign  distribution, 
recently  added  in  Italy,  Argentina, 
Denmark  and  Czecho-Slovakia,  and 
continuation  of  restricted  distribution 
revenue  in  Germany  may  force  a 
number  of  American  companies  now 
operating  on  small  profit  margins  in 
those  countries  to  abandon  distribu- 
tion operations  there  entirely,  in  the 
opinion  of  some  foreign  department 
heads  here. 

The  Italian  legislation  already 
passed  by  the  Chamber  of  Deputies 
imposes  heavy  dubbing  taxes  on  for- 
eign versions,  at  the  same  time  pre- 
scribing that  no  foreign-made  picture 
can  be  exhibited  in  Italy  with  its 
original  dialogue.  Foreign  managers 
here  believe  that  the  new  restrictions, 

(Continued  on   page  7^ 

Majors  May  End  All 
Selling  in  Denmark 

All  American  companies  are  con- 
sidering pulling  out  of  Denmark  be- 
cause of  disputes  revolving  around  the 
charge  that  films  imported  by  Ameri- 
can firms  violate  Danish  patents  for 
noiseless  recording,  it  is  understood. 

Warners-First  National,  Columbia, 
Paramount,  Fox  and  M-G-M  have 
been  served  the  writs  while  United 
Artists  is  the  only  company  now  per- 
mitted to  import  product  into  Den- 
mark. 


Theatre  Creditors 
Clash  in  Brooklyn 

Sharp  verbal  clashes  marked  the 
meeting  of  the  creditors  of  Allied 
Owners'  Corp.,  a  bankrupt,  in  the 
Brooklyn  Federal  Court  today  when 
Archibald  Palmer,  representative  of 
the  stockholders.  Questioned  William 
M.  Greve,  one  of  the  three  trustees  in 
bankruptcy. 

Palmer  contended  that  he  could  save 
stockholders  $12,000,000  if  the  rec- 
ords of  the  concern  are  examined  by 

(Continued  on    page  6) 


Oklahomans  to  Hold 
Discussion  of  Code 

Okl.mioma  City,  Nov.  1. — A  fea- 
ture of  the  program  of  a  convention 
of  the  recently  organized  Oklahoma 
Theatre  Owners'  Ass'n.  to  be  held 
after  the  signing  of  the  code  will  be 

(Continued  on  page  7) 


Code  Delay 
Until  Next 
Week  Likely 

Johnson   Turns  It   Over 
To  Col.  W.  R.  Lea 


WashingIton',  Nov.  1. — ^Although 
it  was  expected  the  code  would  be 
signed  last  week  and  indications  piled 
up  earlier  this  week  that  the  Presi- 
dent would  sign  the  agreement  prior 
to  Hugh  S.  Johnson's  departure  Fri- 
day for  a  10-day  tour  of  western  cities, 
another  delay  looms  and  it  is  antici- 
pated approval  of  the  code  by  the 
President  will  not  take  place  until 
next  week. 

Following  a  conference  with  John- 
son late  last  night,  demands  of  Al- 
lied and  the  code  were  turned  over 
to  Colonel  W.  R.  Lea,  deputy  ad- 
ministrator acting  as  executive  as- 
sistant to  Johnson,  who  conferred 
throughout    the   day    with    the   group. 

Turning  over  of  the  code  to  Colonel 
Lea  was  decided  by  the  Administra- 
tor in  view  of  his  plans  to  leave 
Washington  and  in  order  that  it  might 
be  in  the  hands  of  someone  familiar 
with  the  matterj  should  it  not  be 
ready  for  submission  to  the  President 
this  week.  His  action,  the  Adminis- 
trator declared  emphatically  tonight, 
was  in  no  sense  in  criticism  or  dis- 
approval of  the  handling  of  the  code 
by  Deputy  Administrator  Sol  A.  Ro- 
senblatt who,  he  declared,  did  a  fine 
job. 

It  was  indicated  tonight  that  Re- 
covery Administration  oilficials  would 
make  few  changes  and  none  of  im- 
portance on  the  basis  of  representa- 
tions   of    the    Allied    men. 

Resignation  from  the  Industrial  Ad- 
visory Board  last  night  of  several 
members  was  explained  today  as  due 
to  a  determination  on  part  of  the 
Recovery  Administration  to  release 
present  members  of  the  board  in  ro- 
tation   and    replace    them    with    new 

(Continued  on  page  7) 


Rosenblatt  Escapes 
Labor  NRA  Probe 

Washington,  Nov.  1.  —  Activities 
of  the  deputy  administrators  have 
been  under  investigation  by  the 
American  Federation  of  Labor,  it 
was  learned  tonight,  with  indications 
that  charges  will  be  filed  in  the  near 
future  against  a  number  of  men  who 
liandled  the  codes  of  various  in- 
dustries. 

While  the  organization  will  attack 
many  of  the  deputy  administrators,  it 
(Continued  on  page  7) 


MOTION  PICTURE 

DAILY 


Thursday,  November  2,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 


Vol.   34 


November  2,   1933 


No.  105 


Martin  Quigley 

Editor-in-Chief   and   Publisher 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 

Advertising  Manager 


^•*^r\  PUBLISHED  daily,  except  Sunday 

r  11 J  and  holidays,  by  Motion  Picture 
V*|^  Daily,  Inc.,  a  Quigley  Publication, 
M  at  1790  Broadway.  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre.  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign 
$15.      Single   copies:    10   cents. 


sNRA. 


Join  Byrd  Expedition 

John  Herrmann  and  Carl  Peterson, 
Paramount  newsreel  cameramen, 
joined  Rear  Admiral  Richard  E. 
Byrd  and  his  expedition  at  Cristobal, 
Panama  Canal  Zone,  yesterday.  They 
will  accompany  the  expedition  to 
Little  America  and  make  a  film  record 
of   the   trip. 


Publix  Books  Mascots 

MiNXE.\POLis,  Nov.  1. — "Laughing 
at  Life,"  Mascot  feature,  gets  a  first 
run  at  the  Aster,  Publix  house  here. 
H.  O.  Mugridge,  Mascot  distributor 
in  the  Northwest,  closed  the  deal. 

All  Publix  serial  situations  in  the 
Twin  Cities  will  play  "Fighting  with 
Kit    Carson,"   Mascot   chapter    film. 


Bach  Improving 

Toronto,  Nov.  1. — W.  A.  Bach, 
president  of  Audio  Prod,  who  under- 
went an  operation  here  recently,  was 
discharged  from  Western  Hospital 
yesterday  and  will  convalesce  at  his 
brother's  home  here.  He  expects  to 
return  to  New  York  on  Nov.  12. 


''Rip  Tide"  for  Shearer 

Hollywood,  Nov.  1.  —  Norma 
.Shearer's  first  production  since  her 
return  from  Europe  will  be  "Rip 
Tide,"  a  Charles  Mac.'Krthur  yarn 
which  Irving  Thalberg  will  produce 
for  M-G-M.  Work  will  start  in  two 
weeks  under  direction  of  Edmund 
Goulding. 


At  Rockett  Arrives 

Al  Rockett,  Fox  producer,  is  in 
town  for  a  10-day  stay  during  which 
he  will  look  over  current  theatre 
offerings.  While  here  he  expects  to 
sign  some  players  and  go  through  a 
number  of  manuscripts. 


St.  Louis  Opens  Friday 

St.  Louis,  Nov.  1. — The  St.  Louis 
will  reopen  under  the  F.  &  M.  banner 
Friday.  Stage  shows  will  be  fea- 
tured, although  the  house  will  con- 
tinue to  show  first  run  films. 


Looking  ^Em  Over 


"Only  Yesterday' 


( Universal ) 

A  double-headed  something  to  wave  flags  over.  One,  because  it  in- 
troduces an  unknown  named  Margaret  SuUavan,  who  hadn't  seen  Holly- 
wood before  this  Universal  came  along,  but  who  won't  be  able  to  pry 
loose  after  it.  Secondly,  because  "Only  Yesterday"  is  a  whale  of  a 
\\oman's  picture.  It'll  make  the  softer  sex  weep  in  sympathy  and  exhibi- 
tors  in  joy. 

Miss  Sullavan  is  an  actress  of  intelligence  and  power.  Opening  on 
the  day  of  the  Wall  Street  crash,  the  film  draws  a  graphic  picture  of  the 
financial  debacle  at  large  and  its  effect  on  John  Boles,  until  then  suc- 
cessful stock  broker.  On  the  verge  of  suicide,  a  letter  marked  "Urgent- 
Personal"  draws  his  attention.  He  begins  to  read  the  contents  and,  as 
he  does,  the  flashback  tells  the  story. 

The  drama  concerns  him  and  Miss  Sullavan  and  gets  under  way  while 
Boles  is  stationed  in  Virginia  prior  to  his  departure  overseas  in  1917. 
The  girl,  it  appears,  has  been  in  love  with  him  since  the  time  she  first 
met  him  at  a  party  years  earlier.  Moonlight  and  romance,  as  well 
as  tlie  overhanging  shadow  of  the  war,  draw  them  together.  To  the 
girl  it  is  the  culmination  of  a  dream.  To  Boles  a  passing,  but  pleasant, 
incident. 

Confronted  by  impending  motherhood.  Miss  Sullavan  joins  her  aunt, 
Billie  Burke,  in  New  York.  There  she  has  her  child.  In  the  interim, 
Boles  returns  from  the  front,  fails  to  recognize  the  girl  and  some  time 
thereafter  marries  Benita  Hume.  The  two  principals  never  meet  until 
10  years  have  elapsed.  At  a  New  Year's  party  in  a  New  York  hotel, 
Boles,  struggling  with  his  memory,  is  irresistibly  drawn  to  the  girl ; 
she,  never  having  ceased  to  love  him,  joins  him.  Together  and  in  his 
apartment,  they  re-enact  the  romance  of  a  decade  ago.  Early  in  the 
morning  she  leaves,  having  refused  to  divulge  her  identity.  The  situation 
here  is  powerful,  unusually  strong  and  played  beautifully  by  Miss  Sulla- 
van. 

About  a  year  later,  her  heart  gives  out.  By  super  effort  she  manages 
to  pen  the  story  of  her  heartbreak  and  dies.  It  is  this  letter  which 
reaches  Boles,  averts  suicide,  influences  him  to  end  the  long-since 
dormant  romance  with  his  wife  and  sends  him  to  his  son. 

The  cast — a  long  one — is  very  competent.  Boles  does  what  strikes 
us  as  his  best  work.  But  nobody  in  the  picture  approximates  Miss  Sulla- 
van's  performance  for  understanding  and  emotional  depth.  She  looks 
like  a  real  bet,  heading  for  places  dependent  upon  material  and  direction. 
Histrionically,  she  has  the  goods — lots  of  it.  KANN 


"Broadway  Thru  a  Keyhole'* 

{United  Artists) 

United  Artists  is  selling  this  second  20th  Century  feature  on  the 
strength  of  Walter  Winchell's  name.  This  may  be  good  salesmanship 
where  his  name  is  synonymous  with  Broadway,  but  that  is  no  reason 
to  neglect  a  number  of  other  good  sales  angles  that  make  it  fine  enter- 
tainment. 

It  is  strong  drama  with  night  life  touches— music,  catchy  songs, 
sumptuous  stage  effects,  a  side  trip  to  Florida-— but  this  doesn't  obscure 

{Continued   on   page   7) 


Loews  Pfd.  Slumps  Three 


High 

Columbia  Pictures,  vtc 2^A 

Consolidated    Film   Industries,    pfd Wb 

Eastman    Kodak    ll'/j. 


Fox   Film   "A" 

Loew's,  Inc 

Loew's   Inc.,   pfd. 

Paramount   Publix   

Pathe    Exchange    "A".. 
Universal    Pictures,    pfd 


27 
67 

m 

1854 


Warner  Bros ^J^i 


Low 

20'4 

sn 
yovz 

14 

25K 

67 

7% 

6 


Close 

2o;4 

m 

70/2 
1454 
25% 
67 

m 

18M 


Net 
Change 

-54 
■  -  V% 

-V2 


—3 


/s 


Technicolor  Only  Issue  Traded 

Net 
High      Low      Close     Change 

Technicolor  ^Oy^         954         9M        

Paramount  Broadway  Gains  One 


High 

General   Theatre    Etjuipment  6s   '40 4 

Ix>ew's   6s   '41.   WW   rleb   rights °454 

Paramount    Broadway    5Ks    '51 ^0 

Paramount   F.  L.   6s  '47 28i/5 

Pathe  7s  '37,   ww oO 

Warner   Bros.  6s  '39,   wd 3954 


Net 

Low  Close  Change 

4  4  -  54 

845/^  84H  

30  30  -1-1 

28  28  —'A 

80  80  

3854  395^  +  'A 


Sales 

200 

300 

700 

100 

1,100 

100 

500 

1,300 

1,000 

7,000 


Sales 

700 


Sales 

1 
1 
1 
1 
2 
12 


i  Purely 
Personal  ► 


NED  DEPINET,  Cress  Smith 
Jules  Levy  looking  highly 
optimistic  as  they  emerged  from  a 
screening  of  "Little  Women"  in  the 
RKO    projection    room   yesterday. 

Walter  Winchell  tribute  at  the 
Rivoli  last  night  went  over  in  "flash" 
manner.  His  "Broadway  Thru  a 
Keyhole"    is    featured    at    the    house. 

Arthur  W.  Kelly,  head  of  the 
U.  A.  foreign  department,  is  expected 
back  from  his  European  trip  the  sec- 
ond week  in  November. 

Edward  Childs  Carpenter  has 
been  re-elected  president  of  the 
Dramatists'  Guild  of  the  Authors' 
League  of  America. 

Andy  Smith,  in  charge  of  eastern 
and  Canadian  distribution  for  War- 
ners, is  back  on  the  job  after  a  two- 
week  vacation. 

Albert  Hackett,  accompanied  by 
his  wife,  has  arrived  at  the  Lombardy 
from    Hollywood. 

Bebe  Daniels  and  Pauline  Gal- 
lagher are  expected  at  the  Warwick 
from    Hollywood    today. 

Nate  Manheim  is  suffering  from 
a  tooth  that  won't  behave. 


General  Theatres  to 
Settle  Fox  Dispute 

Wilmington,  Nov.  1. — A  petition 
was  filed  in  Chancery  Court  here  to- 
day by  Daniel  O.  Hastings  of  Wil- 
mington, receiver  of  General  Theatre 
Equipment,  Inc.,  asking  for  authoriza- 
tion of  the  court  to  agree  to  a  pro- 
posed settlement  of  controversies  be- 
tween him,  as  receiver  of  General 
Theatres,  and  William  Atkinson  and 
John  Sherman,  receivers  of  Fox  The- 
atres Corp. 

Chancellor  Josiah  O.  Wolcott  set 
November  17  as  the  date  for  hearing 
and  notified  all  persons  having  objec- 
tions to  granting  of  the  petition  to  be 
present  at  that  time. 

Receivers  of  Fox  Theatres  have 
made  numerous  claims  against  Gen- 
eral Theatres  alleging  affairs  of  the 
companies  were  so  intermingled  that 
large  sums  are  now  due  by  General 
Theatres  to  receivers  of  Fox  Theatres. 
Proposed  settlement  would  consist  of 
transfer  of  certain  stocks  of  the  sub- 
sidiaries of  each  company. 


Waugh  Appointed 

The  elevation  of  Howard  Waugh 
from  manager  of  the  Warner  house  in 
Memphis  to  zone  manager  of  Ken- 
tucky and  Tennessee  for  Warner  the- 
atres was  officially  .announced  by 
loseph  Bernhard,  general  manager, 
here  yesterday.  The  appointment  of 
Waugh  to  his  new  post  was  carried 
exclusivelv  by  Motion  Picture  Daily 
on  Oct.  31. 


Ruskind  at  AMP  A  Today 

Sneakers  at  the  weekly  AMPA 
meeting  today  will  be  Morrie  Rvs- 
kind,  co-author  of  "Let  'Em  Eat 
Cake."  and  Miss  Ann  Ronell.  author 
of  additional  Ivrics  for  Walt  Dis- 
ney's "Three  Little  Pigs." 


You'll  Remember  NOVEMBER 


ttfr' 


s>'' 


i»*j 


co-O-O-O-O-Ol 


I  HATE  TO  BRING 
THIS  UP  AGAIN- 

You'll  think  I  haven't  got  a 
shred  of  modesty— 

But,  honestly,  haven't  I  the  rieht 
to  be  proud! 

At  the  end  of  every  year,  when  all 

the  shouting  is  over,  and  die  cold. 

hard  facts  are  on  die  books— 

Isn't  it  a  dirill  to  find  M-G-M  on 

top  YEAR  AFTER  YEAR  AFTER  YEARI 


■|&C.Uiicioc 


Motion  Picture  Magazine: 

"As  a  thriller  it  will  live  up  to  its  adver- 
tising. What  more  can  any  picture  do? 
.  .  .  Moments  you  will  long  remember." 

Screenplay: 

"Lovers  of  the  unusual  will  thrill  over 
this  one  .  .  .  Even  more  extraordinary 
than  'Frankenstein.'" 

New  Movie  Magazine: 

"You'll  enjoy  this  immensely  .  .  . 
Thorough  entertainment  from  beginning 
to  end." 


Hollywood  Reporter: 

''Here's  the  answer  to  a  showman's 
prayer  ...  A  legitimate  offspring  of  the 
family  that  produced  'Frankenstein'  and 
'Dracula,'  but  a  lusty,  healthy,  willing-to- 
laugh  youngster  who  can  stand  on  his 
own  feet  .  .  .  This  is  a  new  idea  if  ever 
there  was  one  ...  A  class  mystery  thril- 
ler certain  to  give  an  important  account 
of  itself  both  at  the  box-office  and  in  crit-  . 
ical  circles  . . .  Certainly  it  has  never  been  I 
excelled  as  a  piece  of  absorbing  screen 
illusion  .  .  .  A  remarkable  achievement." 


arnng 

CLAUDE    RAINS 

With  GLORIA  STUART,  William  Harrigan, 
Dadley  Digges,  Una  O'Connor,  Henry  Travers, 
Forrester  Harvey.  Screenplay  by  R.  C.  Sherriff. 
Produced  by  Carl  Laemmie,  Jr.  Directed  by 
JAMES  WHALE.  Presented  by  Carl  Laemmie. 
Another  big  one  From 

UNIVERSAL 


tfuiJlimut 


Motion  Picture  Daily: 

"A  showman^s  show!  .  .  .  Out  of  the  or- 
dinary .  .  .  An  outstanding  moneymaker 
for  exhibitors  .  .  .  Eerie,  fresh  and  better 
production  than  either  'Frankenstein'  or 
'Dracula'  .  .  .  Believable,  entertaining  . . . 
In  the  bag  and  in  big!'' 

A4of/on  Picture  Herald: 

"Universal  has  a  showman's  natural  .  .  . 
Oldtimers  and  new  idea  showmen  can 
sink  their  teeth  in  this  one  and  boost  to 
skies  .  .  .  Terrific  novelty .  .  .  A  real  super 
that  will  jerk  patrons  into  the  theatre." 


1 


MOTION  PICTURE 

DAILY 


Thursday,   November  2,    1933 


Figure  Five 
Million  Cut 
InRKOLoss 


(.Continued  from  page   1) 

enlarged  production  and  release  sched- 
ules and  tlie  absence  of  any  borrow- 

The  picture  companjy  s  loss  also 
includes  $646,708  accrued  interest  on 
indebtedness  to  RKO,  according  to  the 
report. 

The  consolidated  cash  position  of 
the  company  at  the  end  of  eight 
months  of  1933  was  $2,414,529,  as 
compared  with  $3,212,556  for  the  en- 
tire year  of  1932. 

Cash  Position  Strong 

"The  current  cash  position,"  tlie 
report  states,  "compares  favorably 
with  tlie  cash  on  hand  when  the  re- 
ceiver was  appointed,  after  payments 
made  by  subsidiary  companies  in  re- 
duction of  mortgages  and  other  finan- 
cial obligations  aggregating  over 
$450,000  are  taken  into  account." 

The  report  notes  that  the  capital 
surplus  of  $2,953,882  on  Jan.  1,  1933, 
has  been  written  down  on  the  balance 
sheet  of  Aug.  31  to  a  capital  deficit 
of  $12,504,177  by  eliminating  the  ac- 
counts of  subsidiaries  in  bankruptcy  or 
receivership  and  by  writing  down  the 
value  of  RKO  investments  in  such 
subsidiaries,  balances  due  RKO  from 
them  and  setting  up  liabilities  in  cases 
where  their  indebtedness  was  guaran- 
teed by  RKO.  Subsidiaries  thus  in- 
volved include  RKO  Western  Corp., 
bankrupt;  RKO  Southern  Corp., 
bankrupt;  Cleveland  Hippodrome  Co., 
bankrupt;  Toledo  Theatres  &  Realty 
Co.,  receivership;  Orpheum  Theatre 
Co.  (Indiana),  receivership;  RKO 
Theatres  Operating  Corp.,  receiver- 
ship, and  Orpheum  Circuit,  bankrupt. 

No  Plan  Devised  Yet 

No  plan  of  reorganization  for  RKO 
has  been  formulated  to  date,  the  re- 
port notes,  and  adds  that  pending  the 
development  of  a  reorganization  plan 
the  receivers  recommend  continuance 
of  the  company's  business  under  the 
receiver's  direction  in  view  of  the 
progress  made  in  reducing  operating 
expenses. 

"The  losses  in  receivership  opera- 
tion," the  report  concludes,  "consisted 
largely  of  non-recurring  and  non-cash 
items  and,  despite  the  absence  of  bor- 
rowing and  maintenance  of  full  pro- 
duction schedules,  consolidated  cash 
reserves  have  not  been  depleted  to  any 
considerable  extent." 


Brown  Given  a  Job 
On  RKO  Real  Estate 

Walter  L.  Brown,  formerly  assis- 
tant to  M.  H.  Aylesworth,  RKO 
president,  was  assigned  to  the  RKO 
real  estate  department  yesterday  to 
work  with  A.  L.  Reoch,  head  of  the 
department.  The  post  of  assistant  to 
the  president  has  been  discontinued 
with  Brown's  transfer. 

Brown  came  into  RKO  as  one  of 
the  Irving  Trust  Company's  stafif  as- 
signed to  the  company  to  work  on  the 
RKO  receivership.  He  was  made  as- 
sistant to  Aylesworth  later  and  re- 
cently has  been  making  an  analysis  of 
RKO  properties. 


How  RKO  Theatre  Profit  Jumped 

The  following  table  contained  in  the  second  report  of  the   RKO  receivers 

shows  how  net  profit  on  theatre  operations  increased  approximately  $130,000 

through    reduced    operating    costs    while    attendance,  admission    prices    and 
theatre    income    was    declining. 

First    Six    Months 

1932  1933        %  1933  of  1932 

Attendance   ,W.782,188  36,773,879                         94.72 

Average  Admission  Price $                Jh72  $                .2994                 81.54 

Total  Operating  Income   14,241.292.7n  10,999,361.52                     77.24 

Total   Operating   Expense 11.256,075.3.?  7,880,806.76                     70.01 

Net   Profit  Before  Fixed  Charges 2,985.217.37  3,118,554.76                   104,47 

Analysis  of  Operating  Expense 

Vaudeville   $2,538,067.21  $1,061,987.89                     41.81 

Film   2,903,969.57  2,408,586.53                     82.94 

Advertising    1,241,873.40  1,015,486.22                     81.77 

Other   expense    4.572,165.15  3,393,646.30                     74.27 


RKO  Theatre  Cuts      Radio  Pictures  Cut 


Lift  Net  $130,000 

Reduction  of  operating  costs  of 
RKO  theatre  subsidiaries  by  more 
tlian  $3,000,000  since  the  company's  re- 
ceivership has  increased  net  profit 
by  over  $130,000  despite  reduced  at- 
tendance and  admissions,  it  is  revealed 
in  the  RKO  receiver's  second  report. 

Exclusive  of  Radio  City  theatres, 
RKO  theatre  subsidiaries  showed  a 
net  loss  of  $977,484  for  the  eight- 
month  period  ending  Aug.  31.  The 
largest  of  the  items  associated  with 
the  loss  was  depreciation  and  amorti- 
zation, aggregating  $1,278,697,  and 
if  that  item  were  eliminated,  the  re- 
port notes,  "current  theatre  operations 
for  the  period  would  show  a  cash 
profit  of  $301,212." 

The  reduction  in  operating  costs 
kept  ahead  of  the  reduction  in  operat- 
ing income  for  the  period  ending  Sept. 
30,  last,  the  report  states,  and  with 
theatre  attendance  increases  now  un- 
der way  an  improved  condition  is 
anticipated  for  the  theatre  subsid- 
iaries. 

The  receivers  have  disposed  of  58 
of  the  162  RKO  houses  in  operation  at 
the  time  of  the  receivership  and  favor- 
able adjustments  on  leases,  taxes  and 
other  items  have  been  made  in  connec- 
tion with  the  theatres  remaining,  the 
report  states.  Total  estimated  reduc- 
tions in  theatre  rents  amounting  to 
$250,000  annually  have  been  effected, 
and  $261,000  in  tax  reductions  have 
been  realized. 

Losses  on  Radio  City  Houses 

Losses  on  the  two  Radio  City  the- 
atres, the  Music  Hall  and  Roxy, 
amounted  to  $134,410  from  Jan.  1  to 
.'X.ug.  25.  Under  a  campaign  to  reduce 
operating  expenses  of  the  two  theatres, 
a  profit,  before  deduction  of  rent,  of 
.$90,580  was  shown  by  the  two  houses 
during  the  four  weeks  in  September, 
according  to  the  report. 

"If  this  recent  improvement  in  op- 
erations should  continue,"  the  report 
says,  "it  is  reasonable  to  assume  that 
the  Radio  City  theatres  can  be  con- 
ducted on  a  profitable  basis  hereafter." 

The  receivers  have  disposed  of  18 
realty  properties  since  Jan.  27,  reduc- 
ing the  number  held  from  91  to  73. 

Reductions  in  salaries  of  executives 
and  in  the  number  of  employes,  to- 
gether with  reduced  rent  and  other 
expenses,  have  resulted  in  appreciable 
reductions  of  expenditures  by  RKO 
Service  Corp.,  which  pays  home  office 
salaries,  rents  and  other  expenses,  the 
report  states.  Approximately  $1,700,- 
000  was  expended  by  this  unit  in  1932, 
an  average  monthly  expense  of  $142,- 
000.  For  the  seven-month  period  end- 
ing July  31,  average  monthly  expenses 
had  been  cut  to  $105,043 ;  for  August 
it  was  $66,713,  and  since  then  addi- 
tional savings  have  been  effected. 


Loss  by  $1,000,000 

(.Continued  from   page    1) 

RKO,  payment  of  which  has  been  sus- 
pended, dropped  from  $1,779,322  in 
1932  to  an  estimated  $703,747  for  the 
current   year. 

At  the  present  time,  the  report 
notes,  amortization  of  films  "is  decid- 
edly less  than  during  the  correspond- 
ing period  of  last  year,  or  during  the 
early  months  of  this  year.  This  fac- 
tor, together  with  the  maintenance  of 
a  level  release  schedule,  quality  of 
pictures  being  released  and  increasing 
theatre  attendance,  has  resulted  in  the 
picture  companies  showing  decided 
profits  in  recent  weeks  .  .  .  and  indi- 
cate that  future  operations  will  show 
material  improvement." 

Reisman  in  New 
Post;  He  Likes  It 

(Continued  from   page    1) 

out  his  first  day,  Reisman  said  late 
yesterday  he  liked  it,  although  he 
wasn't  familiar  as  yet  with  what  the 
kronen   was   worth. 

Ambrose  J.  ("Bo")  Dowling  will 
continue  with  that  end  of  the  com- 
pany's enterprise,  Reisman  declared. 
He    is    now    in    South    America. 


"Women"  Placed  in 
High  RKO  Brackets 

(Continued  from   page   1) 

mediately.        Little    else    was    talked 
about    around    Radio    headquarters. 

RKO  declares  it  has  no  intention  of 
shaving  its  total  of  percentage  pic- 
tures and  points  to  "Little  Women" 
as  complete  justification  for  its  pol- 
icy. Efforts  will  be  made  to  get  ex- 
tended playing  time  at  the  Music 
Hall. 


Claims  Filed  Against 
RKO  Total  $23,285,143 

Total  claims  filed  against  RKO  ag- 
gregate $23,285,143,  according  to  the 
receiver's  report  filed  yesterday.  The 
bulk  of  these  were  in  lease  claims, 
which  aggregated  $17,395,990. 

In  addition,  RKO  has  a  funded  in- 
debtedness of  $16,239,708,  the  report 
notes.  Holders  of  these  securities 
have  been  barred  by  the  U.  S.  District 
Court  from  filing  claims. 

The  majority  of  the  claims  will  be 
contested,  it  was  said,  and  the  receiv- 
ers have  asked  for  appointment  of  a 
special  master  to  hear  and  pass  on 
those  filed. 


How  About  the  Nose? 

Washington,  Nov.  1. — Jimmy  Du- 
rante is  making  plans  to  copyright 
his  name.  Nothing  said  about  his 
sch  nozzle. 


Receivers  Report 
St.  Louis  Profit 

(Continued  from   page    \) 

but  the  profit  was  sufficient  to  take 
care  of  all  maturing  obligations  and 
was  "almost  unique  for  the  period." 
Cash  receipts  totaled  $1,864,666  and 
disbursements  were  $1,549,877.  Other 
expenses,  including  receivers'  and  at- 
torneys' fees,  insurance  and  taxes, 
totaled  $144,591. 

Miscellaneous  cash  receipts  totaled 
$73,454.  Payments  on  principal  and 
interest  of  mortgages  and  bills  due 
prior  to  the  receivership  totaled 
$184,727.  A  cash  balance  totaled 
$58,924.  Of  this  $12,176  is  tied  up  in 
the  closed  St.  Louis  National  Bank, 
and  $1,454  is  on  deposit  in  the  Granite 
City  National  Bank  which  is  operat- 
ing on  a  restricted  basis. 

The  receivers  and  their  attorneys 
have  asked  an  allowance  of  additional 
fees.  Chouteau  has  received  $16,000, 
and  Britton  has  received  $14,500. 
Lambert  E.  Walther  and  Guy  A. 
Thompson,  attorneys,  have  been 
awarded  $5,000  each.  The  receivers 
claim  their  compensation  covers  the 
period  ending  June  12  and  the  at- 
torneys say  theirs  was  up  to  Nov.  16, 
1932. 


Theatre  Creditors 
Clash  in  Brooklyn 

(Continued  from   page   1) 

him.  The  corporation  filed  a  volun- 
tary petition  in  bankruptcy  Aug.  8, 
listing  assets  at  $19,853,588  and  lia- 
bilities at  $13,623,675.  The  corpora- 
tion owns  the  Brooklyn  Paramount, 
Loew's  King  and  Loew's  Pitkin,  as 
well  as  a  number  of  other  theatres. 
Adolph  Zukor,  Nicholas  Schenck  and 
others  had  been  subpoenaed. 

Palmer  and  Greve  exchanged  re- 
marks while  the  attorney  was  exam- 
ining Greve  about  the  agreement 
which  the  Realty  Associates  Inc.,  par- 
ent company  of  the  bankrupt  concern, 
made  to  build  the  Brooklyn  Para- 
mount for  Famous  Players. 

Zukor  testified  that  his  company 
built  three  houses  in  Brooklyn  when 
negotiations  with  the  Loew  interests 
for  first  run  pictures  fell  through  and 
that  the  Loew  people  then  contracted 
for  the  houses  and  also  took  over  a 
first   run   picture   contract. 


New  Union  in  Field 
Opposing  Tom  Maloy 

(Continued  from   page   1) 

head  with  George  R.  Hall  as  organ- 
izer. Offices  are  located  at  1920  S. 
Washtenaw  ave.  Both  men  are  for- 
mer members  of  Maloy's  association. 
In  the  first  move  of  the  new  union 
its  men  were  placed  in  the  State- 
Congress.  After  being  opened  for  a 
few  days  the  house  was  closed  and 
shortly  thereafter  was  the  scene  of 
a  fire.  Investigation  of  the  blaze 
by  Deputy  State  Fire  Marshal  George 
Schivner  has  led  to  his  demand  for 
grand  jury  action  on  the  ground  that 
he  has  evidence  which  should  be  pre- 
sented to  the  jury,  but  which  he  re- 
fuses  to  divulge   at  this  time. 


"Henry**  for  Gaiety 

"The  Life  of  King  Henry  VIII" 
will  have  its  first  Broadway  showing 
at  the  Gaiety  on  Nov.  15,  Harry 
Brandt  having  booked  the  U.  A.  pic- 
ture into  the  house  for  a  grind  run. 
The  Music  Hall  last  week  showed  the 
English  film  first  run  and  it  is  now 
current  at  the  RKO  Roxy. 


Thursday,   November  2,    1933 


MOTION   PICTURE 

DAILY 


Code  Delay 
Until  Next 
Week  Likely 


(Continued  from  page  1) 

men  from  industry,  thus  giving  more 
business  men  an  opportunity  to  ob- 
serve the  operations  of  the  Recovery 
Act  at  first  hand  and  providing  the 
Administration  periodically  with  a 
fresh  point  of  view.  Five  of  the  nine 
members  terminated  their  services  to- 
day and  the  remaining  four  will  be 
replaced   on   Dec.    1. 

Establishment  of  a  National  Cham- 
ber of  Commerce  and  Industry,  to 
be  built  around  the  present  United 
States  Chamber  of  Commerce,  to 
take  over  the  permanent  administra- 
tion of  the  Recovery  Act  was  rec- 
ommended today  by  Gerard  Swope  of 
General  Electric  at  a  meeting  of  the 
Planning  and  Advisory  Council  for 
the  Department  of  Commerce.  Swope's 
suggestion,  it  was  later  declared  by 
Johnson,  was  made  with  his  full  ap- 
proval, and  it  was  revealed  the  two 
had  been  engaged  in  development  of 
a  permanent  plan  for  some  time. 
Codification  Nearing  Rapidly 

The  codification  work  of  the  Ad- 
ministration is  rapidly  nearing  com- 
pletion and  thought  must  be  given  to 
a  permanent  set-up,  it  was  stated. 
The  National  Chamber  will  in  no 
way  interfere  with  the  administration 
of  individual  codes  by  code  authori- 
ties, but  will  act  as  a  receiving  point 
for  the  statistical  reports  which 
must  be  made  by  the  industries  and 
as  a  board  of  appeals  to  which  may 
be  taken  controversies  over  the  in- 
terpretation of  code  provisions.  Legal 
enforcement  of  codes  will  remain  in 
the  hands  of  the  Federal  Trade  Com- 
mission and  the  Department  of  Jus- 
tice. 

Decision  of  General  Johnson  to  re- 
volve the  personnel  of  the  Industrial 
Advisory  Board  will  include  also 
deputy  administrators,  it  was  said  bv 
the  Administration.  It  is  not  believed, 
however,  that  Rosenblatt  will  be  re- 
lieved since  it  would  be  difficult  to 
get  a  successor  as  familiar  with  the 
amusement  and  communication  in- 
dustry. 

A  full  exposition  of  Allied's  objec- 
tions to  the  film  code  as  now  written 
was  laid  before  Johnson  last  night 
and  also  before  Colonel  Lea  today. 
Demands  for  changes  in  the  code  were 
made  on  a  number  of  clauses  and  the 
independents'  arguments  were  received 
with  interest  and  will  be  given  study 
by  administration  officials.  All  of  the 
matters  brought  up,  it  was  understood, 
were  covered  in  Rosenblatt's  report, 
which  accompanied  the  code  to  the 
administrator,  and  so  far  as  could 
be  learned  the  agreement  will  not  be 
changed  in  an  important  particular. 

Government  representatives  on 
local  clearance  and  zoning  boards, 
provided  in  the  code  according  to  the 
explanation  made  by  Rosenblatt  at 
Atlanta  on  Monday,  will  be  secured 
locally,  it  was  explained  here  today. 
It  would  not  be  possible  to  secure 
men  from  the  Washington  adminis- 
tration to  attend  the  meetings  of  all 
of  these  boards  and  the  cost  of  par- 
ticipation from  the  Capital  would  be 
heavv.  The  men  will  be  selected 
locally,  but  will  have  all  the  authority 
which  would  be  held  by  a  representa- 
tive direct  from  Washington. 


Looking  ^Em  Over 


{Continued  from  page  2) 
the  fact  that  it  is  the  story  of  the  love  of  a  strong-willed  man,  a  gang- 
ster, for  a  woman  whose  deepest  emotion  toward  him  is  that  of  grati- 
tude because  he  has  given  her  a  start  as  an  entertainer.  She  gives  her 
love  to  a  crooner  who  admits  he  is  a  physical  coward,  but  finds  he  has 
the  courage  to  follow  her  to  New  York  and  face  the  gangster,  who 
has  good  sense  enough  to  give  her  up.  The  drama  grows  in  power  to 
the  finish  when  the  gangster  rescues  her  from  a  kidnaping  staged  l^y 
rival  hoodlums.    Melodramatic,  but  carries  a  kick. 

The  cast  is  excellent.  Paul  Kelly  is  impressive  as  the  gangster,  and 
Constance  Cummings  is  charming  as  the  entertainer  he  loves.  Russ 
Columbo  is  a  surprise  as  an  actor.  He  makes  a  clear  cut,  definite  im- 
pression. Comedy  touches  are  plentiful,  supplied  principally  by  Gregory 
Ratoff  as  a  dance  director,  and  Blossom  Seely  as  wife  of  a  gangster  pal 
of  Kelly. 

The  picture  has  a  lot  of  stufif,  as  indicated  in  a  flash  preview  in 
Motion  Picture  Daily  on  Oct.  10. 


Music  Publishers' 
Code  Hearing  Today 

Washington,  Nov.  1. — Hearings 
on  the  recovery  c6de  for  the  music 
publishing  industry;,'  originally  sched- 
uled for  Oct.  17,  but  postponed  twice 
because  of  the  film  code,  will  open  to- 
morrow before  Deputy  Administrator 
Sol  -A.  Rosenblatt. 

The  code  sets  minimum  wages  and 
maximum  hours  for  employes  in  the 
industry  and  deals  also  with  unfair 
trade  practices,  under  which  a  prohi- 
bition upon  song  plugging  in  theatre 
lobbies  will  be  sought. 

It  is  not  antfcipated  that  the  hear- 
ing will  develop  much  of  anything  of 
interest  to  exhibitors,  since  it  is  un- 
likely that  music  charges  to  theatres 
wiTl  -come  up.  this  being  a,  matter 
under  the  control  of  the  .\merican 
Society  of  Composers,  Authors  and 
Publishers  which  is  not  a  publisher  of 
music. 


Rosenblatt  Escapes 
Labor  NRA  Probe 

(Continued  from    pane    1) 

was  said  tonight  by  a  prominent  labor 
official,  there  are  two  men  who  are 
outstanding  in  their  work  and  who 
have  received  the  fullest  sunport  of 
organired  workers,  one  of  these  be- 
tne   Sol    A.   Rosenblatt. 

There  is.  this  official  declared,  no 
deputv  administrator  among  the  en- 
tire grouo  of  18  who  stands  higher 
in  the  estimation  of  labor  than  Rosen- 
blatt, who  was  the  only  deputy  ad- 
ministrator in  whom  the  Federation 
had  sufficient  trust  to  be  invited  to 
attend  the  recent  annual  convention 
of  the  organization. 

Labor  officials  are  paying  the  high- 
est tribute  to  Rosenblatt  for  his  treat- 
ment of  labor  in  the  codes  he  has 
handled,  and  point  out  that  unions 
which  have  refused  to  sign  any  other 
code  have  willingly  affixed  their  sig- 
natures  to   the  film  agreement. 


Silent  on  the  Code 

Kansas  City,  Nov.  1. — Emanuel 
Cohen  and  Henry  Herzbrun,  counsel 
for  the  Paramount  studios,  refused  to 
discuss  the  code  with  a  Motion  Pic- 
ture Daily  reporter  during  train 
switches.  Cohen  denied  stories  con- 
cerning a  new  contract,  .stating  the 
company  was  in  bankruptcy  and  no 
contracts  can  be  made,  which  also 
negated   reports   of  a   salary   increase. 


Say  Nazis  Plan  Big 
Use  of  Television 

London,  Nov.  1. — -Mass  production 
of  television  sets  to  be  sold  cheaply 
so  that  Nazi  propaganda  films  can 
be  shown  generally  in  homes  is  said  to 
be  planned  by  the  present  German 
government,  with  the  first  ones  ready 
next  April,  according  to  Today's 
Cinema. 

It  is  said  that  the  plan  was  recently 
outlined  at  a  conference  of  German 
authorities  headed  by  Dr.  Goebbels. 
The  plan,  it  is  claimed,  is  to  broad- 
cast pictures  at  the  rate  of  25  a 
second  on  180  lines.  After  the  Ger- 
man market  has  been  supplied  with 
cheap  sets  on  a  mass  production  basis, 
the  story  goes,  the  same  sales  meth- 
ods will  be  applied  outside  of  Ger- 
many, principally  for  the  purpose  of 
spreading  propaganda  ideas  by  means 
of  pictures. 


Oklahomans  to  Hold 
Discussion  on  Code 

(Continued   from    pape    1) 

a  discussion  of  its  points,  according 
to   Morris   Lowenstein,   president. 

"We  will  attempt  to  familiarize 
every  independent  exhibitor  member 
of  the  association  with  the  aims  of 
the  code  and  will  make  every  effort 
to  clarify  and  explain  the  terminology 
used  in  the  code,"  Lowenstein  said. 
The  new  association  is  a  rejuvenated 
group  of  independents  formerly  known 
as  the  Oklahoma  Independent  Thea- 
tre Owners. 

-About  200  exhibitors  are  expected 
to   attend  the  rally. 


Theatrical  Poster 
Code  Nearly  Ready 

(Continued   from    pane    T) 

It  is  understood  that  the  theatrical 
Doster  code  has  reached  its  fifth  re- 
vision, but  is  now  ready  for  earlv  ac- 
tion by  the  NRA.  The  code  is  being 
sDonsored  bv  the  National  Po.ster 
Service  Ass'n. 

Provisions  of  the  code  are  drastic 
and  are  designed  to  curb  "destructive 
and  unfair"  practices.  It  prohibits  in- 
vasion bv  renters  in  another's  terri- 
torv  and  restricts  exchanges  to  their 
own  territory.  It  also  bans  cut  prices 
by  actual  reductions  or  by  offering  a 
larger  amount  of  paper  than  usual 
rates,  special  discounts,  premiums,  etc. 
The  code  also  forbids  defamation  of 
one  exchange  by  another. 


Foreign  Bars 
May  Force  Out 
U.  S.  Concerns 


(Continued  from  page  1) 
due  to  go  into  effect  despite  American 
protests  of  discrimination,  in  the  near 
future,  will  reduce  distribution  reve- 
nues in  that  country  to  such  an  extent 
that  many  American  distributors  now 
deriving  only  a  small  profit  from  the 
Italian  market  will  be  forced  to  with- 
draw altogether. 

The  Argentine  gold  embargo  re- 
cently enforced,  although  actually  in 
existence  since  last  May,  places  a  new 
handicap  on  distributors  by  either  cur- 
tailing or  making  difficult  withdrawal 
of  money  from  the  country.  Several 
large  distributors  are  able  to  hurdle 
this  obstacle,  however,  by  credit  ex- 
change arrangements  with  Argen- 
tinian exporters  having  cash  balances 
in  this  country. 

Denmark  Bars  All  But  U.  A. 

As  an  outgrowth  of  a  formal  charge 
that  American  producers  have  violated 
Danish  patents  on  noiseless  recording 
all  large  American  distributors  with 
the  exception  of  United  Artists  have 
been  barred  for  the  time  being  from 
that  market.  New  and  more  strin- 
gent quota  laws  in  Czecho-Slovakia, 
together  with  the  limited  revenue  pos- 
sibilities of  the  market  have  forced 
virtually  all  large  American  distrib- 
utor agencies  in  that  country  into 
inactivity. 

The  German  market,  never  a  par- 
ticularly active  one  as  far  as  Ameri- 
can distributors  have  been  concerned, 
remains  in  a  more  or  less  stagnant 
condition.  Revenues  from  that  source 
continue  the  decline  that  was  begun 
many  months  ago. 

English,  French,  Canadian  and 
Australian  markets  continue  in  a 
healthy  state,  foreign  department 
heads  report,  and  account  for  a  large 
part  of  all  foreign  distribution  reve- 
nue. 


Jack  McCurdy  Given 
Col,  Australia  Post 

Jack  McCurdy,  former  Paramount 
theatre  executive,  has  been  appointed 
Australian  representative  for  Colum- 
bia. He  is  enroute  to  Hollywood 
where  he  will  spend  a  few  days  at  the 
Columbia  studio  before  sailing  on  the 
Mariposa  Nov.  IS. 

McCurdy  will  stop  over  at  Indian- 
apolis where  he  will  meet  his  wife  and 
take  her  with  him.  Sailing  on  the 
same  boat  will  be  Arthur  and  Dave 
Loew  and  their  wives,  who  will  make 
a  trip  around  the  world  by  airplane, 
and  Sir  Benjamin  Fuller  of  the  Fuller 
circuit  in  Australia. 


Simon  Rowson  Heads 
New  British  Concern 

(Continued  from    pape    1) 

Ideal  Pictures,  Ltd.  Under  the  terms 
of  the  charter  the  company  can  pro- 
duce, distribute  and  rent. 

For  years  Rowson  headed  Ideal 
Pictures,  Ltd.,  which  was  absorbed 
by  Gaumont  British.  Ideal,  while 
maintaining  its  own  identity,  was  one 
of  the  most  prominent  English  dis- 
tributing companies. 


imouni's    "DUCK   :30up"    jeour  wiarx   crooners   raramounx  •  s    "uuck   boup"    i?our  Marx   Brptners    raram 


imount's  "Duck  Soup" 
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Faramo 

The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  106 


NEW  YORK,  FRIDAY,  NOVEMBER  3,  1933 


TEN  CENTS 


Loew  Reports 
$4,034,289 
Net  for  Year 


Decrease     of     $3,927,025 
Under  1932  Total 


Loew's,  Inc.,  reports  a  net  of  $4,- 
034,289.51  for  the  year  ending  Aug. 
31  after  payment  of  Federal  taxes  and 
dividends  of  subsidiaries.  This  is 
$3,927,025.49  below  the  1932  net  of 
$7,961,315. 

Gross  income  from  theatre  receipts, 
rentals,  sales  of  films  and  accessories, 
rentals  of  stores  and  offices,  and  re- 
ceipts from  bonds  and  preferred  stocks 
was  $84,938,653.71.  Expenses,  includ- 
ing theatre  operation,  film  rentals,  rent 
on  leased  property,  overhead  and 
other  charges,  were  $73,997,951.59, 
leaving  an  operating  gross  of  $10,- 
940,702.59. 

Interest  on  debentures,  bonds  and 
mortgages  of  subsidiaries  and  affili- 
ated companies,  depreciation  on  build- 
(Continued  on   page  4) 


Warners'  Cleveland 
Pool  May  Mean  Race 

Cleveland,  Nov.  2. — Pool  of  War- 
ners' Lake  with  the  Hippodrome, 
2,800-seat  theatre  now  operating  in- 
dependently, may  be  the  opening 
wedge  in  a  competitive  race  locally 
between   Warners   and   Loew's. 

The  "Hipp,"  which  now  has  under 
contract  a  split  of  Fox  and  Colum- 
bia, will  run  Warner  and  First  Na- 
tional "A"  pictures  under  the  arrange- 
ment, while  the  Lake  will  house  "B" 
releases.  Opening  its  week  on  Thurs- 
days, the  Variety  and  Uptown,  War- 
ner neighborhood  houses,  are  expected 
to  run  identical  product  with  the 
downtown  "Hipp"  exactly  as  those 
{Continued  on   tape  4) 


Marx  Brothers  May 
Stay  at  Paramount 

The  Four  Marx  Brothers,  in  all 
probability,  will  continue  under  the 
Paramount  banner  following  release 
of  "Duck  Soup,"  which  was  pre- 
viewed iri\  Hollywood  Tuesday  night. 
Negotiations  are  under  way  for  the 
comics  to  make  an  unnamed  number 
of  pictures.  One  now  being  consid- 
ered is  "Let  'Em  Eat  Cake,"  stage 
play  now  current  on  Broadway  and 
seauel  to  "Of  Thee  I  Sing." 

Plans  were  all  set  for  the  come- 
dians to  make  two  pictures  for  Sam 
(Continued  on   pape  4) 


Publicity  Is  Believed 
Federal  Salary  Weapon 


Hays  Association  Signs   Code 

The  M.  P.  P.  D.  A. — the  Hays  association — has  signed  the  pro- 
posed industry  code. 

The  action  was  taken  as  an  association  step  and  supplements 
signatures  of  individual  company  members  delivered  by  Will  H. 
Hays  to  Deputy  Administrator  Sol  A,  Rosenblatt  late  last  week 
in  Washington.  United  Artists  is  the  one  major  which  has  not 
affixed   its   signature. 

Under  NRA  procedure,  administration  contact  with  any  given 
industry  is  sought  through  such  industry's  own  trade  associa- 
tions. Thus,  in  the  coal  industry  where  seven  or  eight  associa- 
tions represent  different  interests,  that  many  signatures  were 
affixed  to  the  code,  in  addition  to  the  names  of  the  individual 
companies   operating   in    the   field. 


Hollywood,  Nov.  2. — So  far  as  could  be  learned  today,  the  Ass'n 
of  M.  P.  Producers  has  taken  no  action  on  signing  the  proposed 
code.  Recalcitrants  are  Joseph  M.  Schenck  and  Samuel  Goldwyn, 
who  are  on  record  as  objecting  to  several  clauses,  including  Ar- 
ticle 5,  the  anti-star  raiding  provision. 

Fred  Beetson,  secretary,  said  it  was  not  necessary  for  the  asso- 
ciation here  to  sign  the  code  as  its  head  had  already  signed  it  in 
the  East.  The  association  is  awaiting  the  Presidential  signature, 
he  asserted,  adding  that  if  the  code  does  not  suit  it  the  group  will 
hold  a  meeting  of  protest. 


Music  Code 
In  Deadlock 
On  Discounts 


Washington,  Nov.  2. — Hearings 
on  the  recovery  code  for  the  music 
publishing  industry  came  to  an  abrupt 
conclusion  this  afternoon  when 
Deputy  Administrator  Sol  A.  Rosen- 
blatt announced  that  it  appeared  to 
attempt  price-fixing  through  a  sched- 

(Continucd  on   page  6) 


See  Film  Code 
To  Roosevelt 
By  Tomorrow 


Washington,  Nov.  2. — Practical 
assurance  that  the  film  code  will  go 
to  the  President  tomorrow  or  Satur- 
day was  seen  in  Washington  tonight 
when  it  became  known  that  Col.  W. 
Robert  Lea,  executive  assistant  to  Ad- 
ministrator   Hugh    S.    Johnson,    had 

(Continued  on   page  6) 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


'Duck  Soup' 


(Paramount) 

Hollywood,  Nov.  2. — "Duck  Soup,"  with  those  Four  Mad  Marxnien, 
should  be  just  that  for  showmen. 

Judged  by  their  preceding  successes,  "Duck  Soup"  may  even  surpass 
the  others  for  laughter  and  box-office.  Dishing  out  heaping  portions  of 
their  hilarious  merchandise  for  which  the  public  today  is  crying,  the 

(Continued  on  page  7) 


Trade  Commission  Data 

May  Be  Turned  Over 

To  Stockholders 


Data  on  salaries  being  paid  execu- 
tives and  others  by  large  corpora- 
tions, now  being  gathered  by  the  Fed- 
eral Trade  Commission,  is  reported 
to  be  the  key  to  NRA  plans  for 
bringing  unconscionable  salaries  into 
line. 

Publicity  involving  presentation  of 
salary  facts  to  stockholders  of  cor.'^o- 
rations  which  fail  to  take  steps  to  ad- 
just excessive  salaries  voluntarily,  is 
regarded  as  a  highly  probable  proced- 
ure after  the  Federal  Trade  Commis- 
sion has  completed  the  collection  of 
its   reports. 

It  is  understood,  in  respect  to  this 
industry,  that  the  suggestion  has  been 
made  by  administration  leaders  that 
contracts  of  executives  and  players 
be  renewed  at  lower  levels  at  their  ex- 
piration. Failure  to  do  so  in  individ- 
ual cases  is  regarded  as  sufficient 
(Continued  on  page  6) 


Plunkett  Charges 
Plagiarism  of  "M" 

George  J.  Schaefer,  Paramount  gen- 
eral manager ;  Paramount  Pictures, 
Paramount  Productions  and  Para- 
mount Pictures  Distributing  Corp., 
were  served  yesterday  in  an  action 
brought  by  Joseph  L.  Plunkett's  For- 
emco  Pictures  Corp.  seeking  $100,000 
(Continued  on  page  6) 


Independents  Hit 
Percentages  Here 

Following   a    meeting    of    independ- 
ent    exhibitors     in     the     metropolitan 
area    at    the    Hotel    Astor    yesterday, 
(Continued  on  page  6) 


O'Reilly  Sees  Lea 

Charles  L.  O'Reilly,  presi- 
dent of  the  T.  O.  C.  C.  yes- 
terday made  a  flying  trip  to 
Washington  for  conferences 
with  Colonel  W.  R.  Lea,  dep- 
uty administrator  acting^  as 
executive  assistant  to  Gen- 
eral Hugh  S.  Johnson,  on  the 
code.  He  returned  late  last 
night. 


MOTION  PICTURE 

DAILY 


Friday,  November  3,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.   S.  Patent  Office 


Vol.   34 


November  3,   1933 


No.  106 


Martin   Quigley 

Editor-in-Chief   and   Publither 

MAURICE  KANN 

Editor 

JAMES  A.  CRON 
Advertising  Manager 


vNRA 


^^1^  PUBLISHED  daily,  except  Sunday 
^  j|  J  and  holidays,  by  Motion  Picture 
V^^  Daily,  Inc.,  a  Quigley  Publication, 
M  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro.  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edzvin  S.  Clifford. 
Manager. 

London  correspondent:  W.  H.  Moorttig. 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenbera.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour  des-Noues. 

Entered  as  second  class  mat- 
ter January  4,  1926,  at  the 
Post  Office  at  New  York  City, 
N.  v.,  under  Act  of  March  3. 
1879. 

Subscription  rates  per  year: 
$6  in  the  Americas,  except 
Canada;  Canada  and  foreign 
$15.      Single   copies:    10    cents. 

Derr  Off  for  Coast 
With  Plans  for  Six 

E.  B.  Derr,  former  Pathe  executive, 
left  for  the  coast  yesterday  following 
a  business  trip  here  in  connection  with 
Derr-Sullivan  Prod.,  which  he  says 
plans  six  features.  The  first  starts 
work  in  Hollywood  shortly,  but  Derr 
is    keeping   details    a    secret. 

Distribution  will  be  through  one  of 
the  majors,  he  did  say,  however. 


Wl  so  OUR  »*]iT 


Blumberg  Gets  Set 

Nate  Blumberg,  newly  appointed 
general  manager  of  the  RKO  circuit, 
currently  is  sandwiched  between  meet- 
ings of  various  divisional  managers 
and  getting  set  in  Phil  Reisman's  old 
office  on  the  11th  floor  of  the  RKO 
building. 

Leslie  Thompson,  assistant  to  J.  R. 
McDonough,  is  now  occupying  Har- 
old B.  Franklin's  old  office.  Reisman 
is  in  the  14th  floor. 


Sam  Morris  Sails 

Rome,  Nov.  2. — Sam  E.  Morris, 
vice-president  of  Warner  Bros.,  sailed 
Wednesday  on  the  Rex  for  New  York 
after  spending  six  weeks  in  Europe 
visiting  Warner  foreign  exchanges. 


Weiss  Gets  the  Albee 

Harry  Weiss  has  taken  over  J.  J. 
Franklin's  post  as  manager  of  the 
Albee,  Brooklyn,  and  Harry  Moore 
has  been  given  Weiss'  post  as  man- 
ager of  the  Coliseum. 


Isen  Sails  Nov.  11. 

Monroe  Isen,  general  manager  for 
Universal  in  South  America,  sails  for 
Buenos  Aires  on  the  American  Legion 
Nov.  11,  He  has  been  conferring  here 
with  N.  L.  Manheim,  "U's"  foreign 
sales  manager. 


"My  Lips"  Reviewed 

"\ly  Lips  Betray,"  starring  Lilian 
Harvey,  opens  at  the  Old  Roxy  today. 
Motion  Picture  Daily  reviewed  it 
from   Atlantic   City  on   July   12. 


Insiders^  Outlook 


POSSIBILITY  that  Roxy 
would  go  back  to  his  old 
hatrack  at  the  original  Roxy 
was  reported  to  have  dimmed 
yesterday.  Herb  Lubin,  who 
promoted  the  7th  Avenue  Cathe- 
dral, has  been  working  on  such 
a  deal,  as  this  column  told  you 
a  week  ago  today.  The  funds 
attendant  upon  satisfying  various 
creditors  and  taking  the  house 
out  of  the  receivership  under 
which  it  has  been  operating  for 
some  time  now  were  being  sought 
from  Hayden,  Stone  &  Co.,  the 
inside  goes.  Yesterday  Dick 
Hoyt,  who  has  had  a  flyer  or  two 
in  the  picture  business — notably 
Fox  West  Coast  and  what  good 
memories  will  recall  as  the  Rich- 
ard Hoyt  Syndicate — is  said  to 
have  turned  down  Lubin's  ad- 
vances. Roxy  was  willing  to 
return  to  his  old  stamping  ground 
at  $1,000  a  week  and  five  per 
cent  of  the  profits.  Yes,  they 
actually  anticipated  profits.  .  .  . 
T 

Properly  annotated  and  sealed, 
an  ofiicial  statement  of  prime  im- 
portance may  bounce  out  of 
Hollywood  today.  It  has  to  do 
with  tJiree  names,  all  of  the  tri- 
umvirate well  known  in  the 
production  end  of  the  business. 
The  move  concerns  two  resigna- 
tions and  one  sizable  hike  in 
added  authority.  Involved,  as 
well,  may  be  20th  Century  Pic- 
tures in  what  would  be  a  major 
expansion  move.  That  is,  if  an- 
ticipations turn  into  facts.  .  .  . 
Bulletin :  Joe  Schenck  late  last 
night  was  reported  sticking  to 
his  guns,  said  guns  having  to  do 
with  continued  opposition  to  the 
code,  principally  Article  5.  This, 
despite  presende  in  Hollywood 
and  the  persuasion  of  Brother 
Nick.  .  .  . 

▼ 

Several  of  the  larger  American 
distributors  aren't  cheering  over 
the  political  situation  in  Ger- 
many.   Privately,  some  considera- 


tion is  understood  to  have  been 
given  to  the  advisability  of  with- 
drawing from  the  country  en- 
tirely. Jewish  film  men  are  out 
of  Berlin  now,  practically  in  toto, 
but  not  without  memories  some  of 
them  would  rather  keep  in  the 
limbo  of  the  forgotten.  One 
man — name  and  affiliation  pur- 
posely withheld — was  caught  by 
Hitler's  storm  troopers  as  he  was 
attempting  to  shake  Aryan  dust 
from  his  heels  and  badly  mauled. 
His  Paris  office  intervened 
sharply  and  decisively  through  the 
proper  channels  and  managed  to 
wheedle  out  a  safe  conduct 
pass.   .   .   . 

▼ 

Indecision  on  dates  for  "Cradle 
Song"  and  "The  Way  to  Love" 
at  the  Paramount,  New  York, 
has  been  causing  the  general  help 
no  end  of  work.  Before  Mae 
West  opened,  "Cradle  Song" 
was  booked  to  follow,  but  when 
a  print  arrived  from  the  coast 
and  h.o.  executives  took  a  peek, 
they  pulled  the  date,  planning  on  a 
two-a-day  at  the  Criterion.  "The 
Way  to  Love"  was  then  booked 
to  follow  Curvacious  Mae.  After 
the  company  decided  to  drop 
plans  for  the  two-a-day,  "Cradle 
Song"  was  again  booked  into  the 
Paramount  to  follow  "I'm  No 
Angel,"  with  the  Chevalier  pic- 
ture to  follow.  Early  this  week 
this  was  changed  again  and  now 
the  Chevalier  picture  opens  Nov. 
10  with  "Cradle  Song"  set  for 
Nov.  17.  Every  time  the  book- 
ings were  changed  the  advertis- 
ing display  in  the  inner  and  outer 
lobbies  was  switched  around. 
Likewise  for  the  trailers.  And 
so  it  goes.  .  .  . 

T 

Foreign  manager  had  occasion 
to  dispatch  a  message  overseas 
the  other  day.  The  matter  was 
important,  also  confidential. 
Therefore,  it  went  in  code.  As 
the  communication  bounced  into 

(Continued  on  paqe  7) 


All  Issues  Save  RKO  Up 

Net 

Hish  Low  Close  Change 

Columbia   Pictures,   vtc 2\^  2VA  21H  -\-VA 

Consolidated   Film    Industries,   pfd 9'4  9             9%  +  Vi 

Eastman    KoKdak    71?^  70'/4  71  +1/2 

Loew's,    Inc nVi  2(>V2  27  -\-\Vf. 

Paramount     Publix     2  Wa          2  -\-  Vi 

Pathe    Exchange     VA  VA          P/i  +^ 

Pathe     Exchange     "A" 8!4  8             8  +  Vf. 

RKO    254  2'A          2%  —H 

Warner    Bros 6^  6'A          ^Vz  +% 

Technicolor  Rises  One  and  a  Half 

Net 
High      Low      Close      Change 

Technicolor     U'A        10  WA        -f-l'/2 

Trans   Lux    15^  1-5^  m        —'A 

Warner  Bros.  Up  One  Point 

Net 
High      Low      Close      Change 

General   Theatre    Equipment   6s    '40 4  4  4  

Paramount    F.    L.    6s    '47 28^^        28^^        28!^        +  Vs 

Paramount    Publix   5'/s   '50 29  29  29  

Warner   Bros.   6s   '39,    wd 39'A       3954       39}/$        -fl 


Sales 

200 
600 
800 

1,200 
100 

1,300 
200 
300 

2,100 


Sales 

1.100 
200 


Sales 

1 
2 
10 
10 


i  Purely 
Personal  ► 


LEON  LEE,  U.  A.;  Abe  Schnei- 
der, Columbia,  and  Abe  Goodman  I 
of   Fox   taught   the   gang   a  few   new  ! 
twists   in   bowling   the  other  night   at  I 
the   M.   P.   Bowling  Tournament. 

Walter    Eberhardt   is    planning   a 
winter  vacation  this  year  and  contin-  i 
ues    to    look    sad    whenever    anyone 
mentions  the  Roma. 

Roy  Mack  will  direct  a  "Melody 
Master"  featuring  Isham  Jones  and 
his  orchestra  and  Gypsy  Nina,  at 
Vitaphone  next  week. 

Pat  Garyn  is  in  Chicago  on  busi- 
ness for  Master  Arts.  From  there  he 
goes  to  St.  Louis.  Due  back  in  New 
York  next  week. 

Edgar  Bergen,  the  ventriloquist, 
starts  work  today  at  the  Brooklyn 
Vitaphone  Studio  on  his  second  short 
there. 

Belle  Baker,  Lulu  McConnell 
and  the  Radio  Ramblers  have  been 
signed  by  Vitaphone  for  future  shorts. 

Jimmy  Grainger  occupies  Carl 
Laemmle'j  office  at  "U"  when  C.  L. 
is  out  of  the  city,  as  he  is  now. 

Paul  Gulick  is  having  his 
troubles  publicizing  Margaret  Sul- 
lavan.     She  doesn't  want  to  be. 

George  Skouras  and  Pete  Adams 
of  the  Paramount,  Newark,  did  their 
lunching   together  the   other   day. 

Irving  Browning's  new  short  will 
be  ready  for  release  by  Principal 
within  the  next  few  weeks. 

George  Gerhard  and  Percy  Trus- 
sell  sampling  the  wares  of  the  Music 
Hall  cafeteria  yesterday  noon. 

Sol  Lesser  is  in  London  for  a  few 
days  before  visiting  other  European 
cities   on    Principal    business. 

Al  Christie  will  start  another 
MoRAN  and  Mack  at  the  Eastern  Ser- 
vice  Studio  next  week. 

Catherine  Swan,  assistant  to  D. 
A.  Doran,  Fox  story  head,  is  on  her 
way  to  New  York. 

Lynn  Farnol,  Goldwyn's  represen- 
tative, leaves  the  coast  tomorrow  for 
New  York. 

Lewis  Milestone  did  not  return 
the  other  day,  as  first  reported.  Still 
abroad. 

Helen  Harrison  of  Freuler  Pic- 
tures is  a  serious  critic  of  national  ec- 
onomic policies. 

James  Whale,  Universal  director, 
will  sail   today  on  the  fie  de  France. 

Columbia  Lou  Weinberg  has  dis- 
carded cigars  for  a  pipe. 

Les  Kaufman  is  in  Richmond  on 
a  Columbia  tieup. 

Al  Santell  leaves  for  Hollywood 
today. 

Montague  Love  is  around  town 
again. 


NEWS  OF  WEEK 
IN  PHOTO-REVIEW 


"INDUSTRY'S  LARGEST  LIST  of  contract  stars,  players,  directors,  writers" 
( Variety)  celebrates  completion  of  first  third  of  new-season  product  weeks 
ahead  of  scheduled  release  dates. 


WILLIAM  POWELL  HELD  for  sec- 
md  Broadway  week  in  his  return  as 
Philo  Vance  in  "The  Kennel  Murder 
'Thoroughly  satisfactory — 


/ase. 


jreat  —  will  delight  fans"  is  gist  of 
)eppery  press  praise.* 


DOLORES  DEL  RIO 
JOINS  mounting  list  of 
marquee  magnets  stud  - 
ding  the  cast  of  '  'Wonder 
Bar,"  next girl-and-music 
show  from  Warners." 


3  TIMES  THE  CROWDS  of  any  previous 
show  at  N.  Y.  Hollywood  bring  new 
records  daily  in  first  date  of  Muni's  "The 
World  Changes."  Crack  campaigns  put 
St.  Louis  and  Boston  on  toes  for  gala 
premieres  today." 


afmmrmmrtmfmmftmfim^ 


f,^^^^^tii(mMimilm^,i<miiimiimimKimim 


HIS  NEW  ROLE  in  "Massacre," 
one  of  8  films  now  shooting  on 
Warner  lot,  shows  Dick  Barthelmess 
in  this  unique  make-up.  ° 


'■•T 


'S9 


S'l'^KB^**.^ 


t-: 


■  flkl  ■&«;  fib      "P* ™^    B    fli  V  S:  Ml  ™ 


ALL  ABOARD  FOR  "CONVENTION  CITY"!  Menjou, 
Blondell,  Powell,  Astor,  McHugh,  Ellis,  Herbert  head 
10 -star  cast  of  Warner  laugh  special." 

♦a  Warner  Bros.  Picture     °A  First  National  Picture     Vitagraph,  Inc.,  Distributors 


MOTION  PICTURE 

DAILY 


Friday,  November  3,   1933 


Loew  Reports 
$4,034,289 
Net  for  Year 


(.Continued  from   page    1) 

ings  and  equipment  and  Federal  in- 
come taxes  reduced  this  to  a  net  for 
all  corporations  of  $4,431,448.20.  This 
was  further  reduced  to  the  extent  of 
$397,158.69  by  minority  interests' 
share,  affiliated  companies,  and  pre- 
ferred dividends  to  M-G-M,  etc. 

The  consolidated  net  surplus  is 
given  as  $37,884,546.85.  From  this 
was  paid  $893,405.50  in  dividends  on 
Loew's,  Inc.,  preferred,  $2,925,171.50 
on  the  common,  and  another  sum  of 
$365,647.50  as  a  dividend  payable  on 
Loew's  comnKin  on  Sept.  30.  This 
leaves  a  balance  of  $33,700,322.35. 

Total  current  and  working  assets 
are  given  as  $36,420,961.53,  and  total 
assets  and  capital  liabilities  are  listed 
at  $123,697,561.35. 


Warners'  Cleveland 
Pool  May  Mean  Race 

(Continued  from   page   1) 

two  outlying  houses   now  do  on  pic- 
tures housed  at  the  Lake. 

Extended  runs  of  Warner  musicals 
at  the  Lake  have  held  up  other  of  the 
company's  releases.  By  playing  them 
at  the  Hippodrome  with  its  almost 
3,000  seats,  it  is  figured  the  product 
will  be  turned  over  faster  and  quicken 
the  revenue  of  the  saJes  department. 


Claim  $144,421  for 
"Parade"  on  BVay 

"Footlight  Parade,"  third  in  the  cur- 
rent Warner  musical  cycle,  finished 
its  run  of  four  weeks  and  a  day  at 
the  Strand  last  night  to  an  estimated 
gross  of  $144,421,  according  to  the 
producer. 

Week-by-week  grosses,  claimed  for 
the  picture,  follow: 
Week  Ending  Gross 

Oct.  11    (also  preview) $61,322 

Oct.  18     41,002 

Oct.  25    23,235 

Nov.    1    18,112 

Estimate  Thursday 750 

Total    $144,421 

Motion  Picture  Daily's  estimates 
for  the  first  three  weeks  follow : 
Week  Ending  Gross 

Oct.  11    $55,190 

Oct.  18   36,902 

Oct.  25    18,112 

"Female"  opened  at  the  theatre  last 
night. 


Warners  Sign  MacVeigh 

Hollywood,  Nov.  2. — In  line  with 
Warners'  plan  to  boost  Jean  Muir 
into  the  star  class,  Blake  MacVeigh, 
who  recently  resigned  from  Para- 
mount as  p.  a.  for  Mae  West,  has  been 
added  to  the  studio  publicity  depart- 
ment to  handle  a  buildup  campaign  on 
the  actress  and  several  other  person- 
alities. Warners  grabbed  him  just  as 
he  was  leaving  for  New  York  to  take 
over  an  advertising  post. 

The  actress  will  share  leading  femi- 
nine honors  with  Margaret  Sullavan 
in  the  Richard  Barthelmess  film,  "A 
Modern  Hero." 


Highlights  of  Loew  Statement 

Assets 

Consolidated  balance  sheet  for  fiscal  year  ending  Aug.  31,  1933  and  comparisons: 

1933  1932  1931  1930 

♦Property,  bldgs.,  equip,  land $69,688,157  $71,469,780  $71,417,124  $68,938,699 

Due  from  affiliated  companies 515,161  664,765  786304  l'462'l21 

Cash    4,153,061  2,904,614  a5,766,635  a6;637;370 

Cash  for  construction ....  644 831  1 489944 

U.  S.  Gov't  securities 7,075,143  5,527,313  ...'...  '      ' 

Accounts,  notes  receivable 1,621,918  2,089,768  2,031,629  2  888  444 

Smking    fund    requirements— anticipated . .          891,253  1,080,185  1,569,462  '...'... 
Advances  to  producers,  secured ;  mortgage 

and  interest  payments 884,389  1,162,103  1,262,999  1,021,539 

Inventories :  films  in  work,  completed  and 
released;   books  and  rights,   advertising 

accessories,  theatre  and  studio  supplies    22,171,287  22,560,309  27,966,536  27,860,352 
Investments    in    stocks,    mortgages ;    ad- 
vances   to    affiliated   Corp.;    deposits    on 

leases,  contracts,  misc 13,760,272  13,818,694  14,525,985  14  821  819 

Deferred  charges    2,936,947  3,507,415  3,461,639  3,513,073 

Total    $123,697,591  $124,784,946        $129,433,144  $128,633,361 


Liabilities 


1933 

Common  stock  $36,576,580 

Preferred  stock  13,073,980 

Bonds,  mortgages  of  subsidiaries 19,795,208 

Debenture  bonds  8,965,000 

Subsidiary   stock  outstanding 4,571,938 

Accounts  payable   4,312,185 

Notes  payable   89,872 

Sinking  fund  payment 

Dividends   payable    429,704 

Federal,   state   tax 478,255 

Accrued  interest   526,685 

Advances,  affiliated  companies 87,275 

^Accounts  payable   

JNotes  payable   113,750 

Contingent  reserve  147,900 

Deferred  credits   828,839 

Earned  surplus    33,700,322 

Total    $123,697,591 


1932 

t$36,576,580 

§13,276,966 

20,482,767 

9,934,000 

4,690,819 

3,651,719 

65,584 


65,683 
821,149 
565,397 
177,314 

149,i75 

147,990 

617,016 

33,562,787 


1931 

t$36,576,581 

§13,721,683 

21,173,446 

10,707,000 

4,815,426 

4,481,905 

42,363 

1,000,000 

67,356 

1,364,418 

617,085 

146,1% 

154,000 


1930 

$34,348,805 

13,869,103 

23,997,870 

11,695,000 

4,938,446 

5,630,834 

193,296 

1,048,500 

69,124 

1,427,483 

716,911 

230,268 

210,500 


152,446 

697,091 

33,716,148 


500,000 

972,919 

28,784,302 


1929 

$65,336,097 

1,974,812 

a8,356,436 

1,717,938 


2,504,833 


1,667,563 
23,566,230 


14,922,491 
4,177,224 

$124,223,624 


1929 

$32,082,520 

14,023,800 

26,312,599 

12,694,000 

5,561,453 

7,364,890 

408,676 

667,000 

70,894 

1,190,109 

783,433 

141,646 

11413,236 


500,000 

1,284,285 

20,725,083 


$124,784,946   $129,433,144   $128,633,361   $124,223,624 


Consolidated  Operating  Statement 

1933                        1932  1931  1930  1929 

Gross    income    $80,772,191       $107,416,036  $120,479,511  $129,521,029  $116,201,937 

Expenses,    amortization,   etc 73,997,951           93,289,960  101,609,074  107,120,614  97,770,774 

Depreciation,  bldgs.,  equip.,  etc 3,673,325             3,850,915  3,831,180  3,470,573  2,748,686 

Federal   taxes    516,780               986,943  1,554,489  1,893,137  1,607,789 

Minority  interests'  share,  affiliated  corpo- 
rations               94,268             1,002,046  1,321,485  2,094,688  1,967,662 

M-G-M  preferred  dividends 302,890               324,858  333,289  341,685  350,070 

Net  profit   4,034,289             7,%1,314  11,829,994  14,600,332  11,756,956 

Preferred  dividends   893,405                927,451  946,354  953,963  969,800 

Common  dividends   2,925,171             5,856,567  5,710,786  4,817,122  4,034,076 

Surplus    33,700,322           33,562,787  33,316,148  28,784,301  20,725,083 

*After  depreciation.     fRepresented  by  1,464,205  no  par  shares.  |Long  term.     §Represented  by  140,497  no  par 
shares.     IJIncludes  long-term  notes  payable,     a  Includes  call  loans. 


Laivton  Gets  Injunction 

Stanley  W.  Lawton,  who  just  leased 
the  Gaiety  Theatre,  and  who  is  act- 
ing as  general  manager,  has  obtained 
an  injunction  from  the  Supreme  Court 
restraining  the  Erlanger  interests, 
owners  of  the  property,  from  interfer- 
ing with  his  operation  of  the  theatre. 
A  dispute  over  a  labor  question  was 
the  basis  of  the  controversy.  Erlanger 
refused  to  comment  on  this  action. 


Sally  Rand  Gets  10  Days 

Chicago,  Nov.  2. — Sally  Rand's 
sentence  of  a  year  in  jail  has  been  cut 
to  10  days  with  a  $250  fine  added  by 
Judge  McGarry.  A  new  trial  was  de- 
layed. 


March  for  LaGuardia 

The  amusement  world  was  strongly 
represented  at  the  Fusion  rally  at 
Madison  Square  Garden  last  night  at 
which  Fiorello  H.  LaGuardia  was  the 
chief  speaker.  Among  those  who 
marched  to  the  Garden  in  a  parade 
of  the  motion  picture  division  of  the 
Fusion  campaign  were : 

Hiarpo  Marx,  George  '  Gershwin, 
Marilyn  Miller,  Clifton  Webb,  Linda 
Watkins,  Heywood  Broun,  Victor 
Moore,  Lois  Mcran,  Sid  Silvers,  Dan- 
iel Frohman,  Sigmund  Spaeth,  Buddy 
de  Sylva,  Charles  B.  Dillingham,  Al- 
exander Woollcott,  Moss  Hart,  George 
Abbott,  Rita  Weiman,  Howard  Dietz, 
Max  Shuster,  Arthur  Schwartz,  and 
David  Butler. 


Marx  Brothers  May 
Stay  at  Paramount 

(Continued  from   page   1) 

Katz,  provided  the  former  Paramount 
executive  could  secure  finances.  This 
deal  is  definitely  cold  as  well  as  any 
plan  for  making  a  picture  for  United 
Artists.  Before  the  Katz  deal  soured, 
the  Marx  Brothers  had  one  picture  to 
make  on  their  Paramount  commit- 
ment and  refused  to  make  it  until 
Paramount  threatened  suit,  which  re- 
sulted in  the  comics  making  "Duck 
Soup."  Harpo  Marx  is  in  from  the 
coast  and  will  remain  here  for  a  week 
before  sailing  for  Russia. 


pinion 


Great  Sb 

Of 


ouiman$ 


^•^'^    ^  ...„„.s^  SlI-'' 


Thanks  for  your  wire,  Mr.  Robb.  We  certainly 
will  keep  them  coming.  "You  ain't  seen 
nothin'  yet!'' 

(Note:  ROBB  &  ROWLEY  THEATRES,  INC.,  operate  theatres 
in  Dallas,  Tex.,  Little  Rock,  Ark.,  and  in  fourteen  other 
cities  in  Texas,  Oklahoma  and  Arkansas.) 


MOTION   PICTURE 

DAILY 


Friday,  November  3,    1933 


Publicity  Is 
Held  Federal 
Salary  Club 


(Continued  from    page    1) 

grounds  for  invoking  the  penalty 
clause  of  the  code,  which  makes  an 
employer  liable  to  a  fine  up  to  $10,- 
000  for  payment  of  "unreasonably  ex- 
cessive"  salaries. 

Continuation  of  the  practice  of  pay- 
ing excessive  salaries  by  a  company 
cited  under  this  code  provision,  or  the 
renewal  of  an  appreciable  number  of 
contracts  at  unreasonable  figures, 
would  probably  invoke  Federal  Trade 
Commission  publicity  of  salaries  and 
subsequent  stockholder  action,  it  is  re- 
ported. 


Academy  for  Public 
Proceedings  on  Code 

Hollywood,  Nov.  2. — Full  publicity 
for  all  operations  of  the  industry  code 
following  its  adoption  is  to  be  sought 
by  the  Academy  of  M.  P.  Arts  and 
Sciences.  Lester  Cowan  says  this 
will  guarantee  that  the  code  will  work 
fairly   and   efficiently. 

"It  would  be  appropriate,"  says 
Cowan's  report  to  the  board  of  gov- 
ernors, "for  the  Academy  as  an  im- 
mediate step  to  ask  the  Administrator 
to  make  transcripts  of  the  code 
authority  proceedings  available  to  the 
creative  branches  in  order  to  carry 
out  the  spirit  of  the  code  pledging 
freedom  of  appeal  from  any  unfair 
actions  of  officials." 

Cowan  is  also  in  favor  of  providing 
machinery  for  negotiations  on  work- 
ing conditions  of  assistant  directors, 
as  this  was  left  out  of  the  code  by 
agreement  Avith  the  producing  com- 
panies pending  discussions  through  the 
Academy. 


Akron  Men  Working 
Out  Their  Own  Code 

Akrox,  Nov.  2. — Local  exhibitors 
have  started  work  on  a  code  of  their 
own.  Robert  Manches,  manager  of  the 
Liberty,  has  been  delegated  to  take 
care  of  the  details. 

It  is  understood  the  plan  is  to  have 
all  signers  post  a  cash  deposit  to  guar- 
antee against  violations. 


Wisconsin  MPTO  to  Meet 

Milwaukee,  Nov.  2. — Nov.  21  and 
22  have  been  set  as  the  tentative  dates 
for  the  annual  convention  of  the 
M.P.T.O.  of  Wisconsin  and  Upper 
Michigan,  Inc.,  at  which  time  the 
theatre  code  will  be  discussed.  Sol 
A.  Rosenblatt,  deputy  administrator 
in  charge  of  the  code  hearings  in 
Washington,  has  been  invited  to  ad- 
dress the  convention  here. 


Muni  Creates  Award 

Hollywood,  Nov.  2. — Paul  Muni 
has  established  the  "Paul  Muni 
Award"  for  cinema  excellence  in  the 
College  of  Cinematography  at  the 
University  of  Southern  California. 
The  award  goes  to  the  student  show- 
ing the  greatest  proficiency  in  motion 
picture  study. 

This  is  said  to  be  the  first  award 
of    its   kind    by   a   film    star. 


In  the  Family 

Ann  Ronell,  sister  of  Depu- 
ty NRA  Administrator  Sol  A. 
Rosenblatt  had  the  experi- 
ence of  listening  to  her 
brother  conduct  the  radio 
hearing  in  Washington  yes- 
terday. 

She's  interested  in  music, 
her  brother  in  writing  a  code. 


Music  Code 
In  Deadlock 
On  Discounts 


(Continued  from    pacie    1) 

ule  of  discounts  which  had  been 
written  in  and  which  could  not  be  ac- 
cepted. Proponents  of  the  code  de- 
clared they  would  withdraw  the  agree- 
ment as  meaningless  unless  the  dis- 
counts  were   retained. 

Rosenblatt  ordered  the  discount 
provision  thrown  out  and  the  code 
was  returned  to  its  proponents.  Find- 
ing that  the  code  actually  contained 
three  agreements  for  retailers,  dis- 
tributors and  publishers,  respectively, 
Rosenblatt  ordered  the  retail  group  to 
confer  with  Deputy  Administrator 
Whiteside  with  a  view  to  coming  in 
under  the  retail  code,  the  wholesal- 
ers to  discuss  the  possibilities  of  in- 
clusion in  the  proposed  wholesale 
code  and  the  publishers  to  attempt  the 
drafting  of  a  code  which  could  meet 
the  approval  of  the  Administration. 


Independents  Hit 
Percentages  Here 

(Continued  from   page    1) 

resolutions  were  passed  hitting  the  al- 
leged practice  of  excessive  percent- 
ages and  preferred  playing  time  de- 
mands by  major  companies.  The  I. 
T.  O.  A.  will  seek  the  cooperation 
of  the  distributors  and  other  exhibi- 
tor units  in  an  effort  to  eliminate 
these   demands,    the   unit    states. 

The  board  of  directors  of  the  or- 
ganization yesterday  met  with  Felix 
F.  Feist  and  William  F.  Rodgers  of 
M-G-M  on  the  local  sales  policy  of 
the  company  and  other  sales  mana- 
gers have  been  invited  to  confer  on 
the  situation.  Harry  Brandt,  presi- 
dent of  the  unit,  presided. 

Until  the  percentage  and  preferred 
playing  time  dispute  are  settled  the 
local  buying  strike  will  be  continued. 


Fox-RKO  Downtown 
Detroit  Pooling  Set 

Detroit,  Nov.  2. — Pool  of  the  Fo.x 
Detroit  and  the  RKO  Downtown  was 
set  today  with  the  management  in  the 
hands  of  David  Idzal  for  RKO.  Idzall 
has  been  managing  the  Fox  for  some 
time.  Under  the  terms  of  the  deal, 
stage  shows  and  the  pick  of  pictures 
will  go  into  the  Fox,  with  remaining 
films  slated  for  the  Downtown.  RKO 
will  book  both  the  films  and  stage 
attractions. 

Arthur  Frudenfeld,  who  has  been 
in  Detroit  for  RKO  for  some  time, 
will  remain  for  a  few  weeks  to  co- 
operate with  Idzall,  and  will  then  be 
given  another  post  in  RKO. 


See  Film  Code 
To  Roosevelt 
By  Tomorrow 


(Continued  from    page    1) 

virtually  completed  his  consideration 
of   the  agreement. 

So  far  advanced  has  the  code  be- 
come within  the  last  day  or  two  that 
it  is  understood  General  Johnson's  re- 
port to  the  President  stands  completed 
and  ready  for  signature  as  soon  as  he 
is  assured  that  no  further  changes 
will  be  made. 

What  is  expected  to  be  the  final 
effort  of  Abram  F.  Myers  of  Allied 
States  to  secure  amendment  of  the 
code  was  made  today  during  a  long 
conference   with   Col.    Lea. 

It  is  understood  that  the  code  as 
it  will  go  to  the  White  House  will  be 
in  all  important  particulars  the  third 
revision,  but  that  a  number  of  changes 
have  been  made  for  purposes  of  clari- 
fication. 


99 


Plunkett  Charges 
Plagiarism  of  "M 

(Continued  from  page    1) 

damages  and  charging  the  defendants 
with  plagiarism  of  the  German  pro- 
duction "M"  in  Paramount's  "This 
Day  and  Age." 

Emanuel  Cohen,  Paramount  produc- 
tion head,  and  Cecil  B.  De  Mille  are 
also  named  as  defendants  in  the  ac- 
tion. Plunkett  owned  American  dis- 
tribution rights  to  "M,"  which  Para- 
mount, incidentally,  took  over  for  dis- 
tribution in  the  early  days  of  Hitler- 
ism. 

The  complaint,  filed  in  New  York 
Supreme  Court  by  Saul  E.  Rogers, 
attorney  for  Plunkett,  sets  forth  that 
the  complainant  and  Walter  Reade, 
after  obtaining  American  rights  to 
"M,"  negotiated  with  Columbia  for 
its  distribution,  obtaining  a  $10,000 
guarantee  from  that  company.  Later, 
it  is  charged,  Schaefer  became  inter- 
ested in  the  picture  for  Paramount 
distribution  and  a  deal  was  closed. 
The  picture,  however,  was  not  re- 
leased by  Paramount,  and  in  the 
meantime,  the  complaint  charges, 
"This  Day  and  Age"  was  released. 

Louis  Phillips  of  the  Paramount 
legal  department,  said  yesterday  in 
commenting  on  the  action  that  he  had 
"looked  at  both  pictures  involved  and 
saw  no  basis  for  a  plagiarism  suit." 

"Their  themes  are  diametrically  op- 
posite," he  said.  "  'M'  is  the  story  of 
a  fiendish  murderer  of  children. 
'This  Day  and  Age'  is  simply  the  story 
of  depredations   of  schoolboy   gangs." 


Suit  on  "Holiday" 
Against  Para.  Out 

An  action  involving  a  petition  for 
an  injunction  restraining  Paramount 
from  producing  "Death  Takes  a 
Holiday"  was  dismissed  without  trial 
yesterday  by  Federal  Judge  Henry 
Goddard  in  U.  S.  District  Court. 

The  action  was  brought  by  Myra 
Wyren  and  charged  that  her  play, 
"Most,"  had  been  plagiarized  by 
"Death  Takes  a  Holiday,"  screen 
rights  to  which  are  owned  by  Para- 
mount. The  action  also  asked  an  ac- 
counting of  profits  of  the  stage  run 
of  the  play  from  the  Shuberts. 


"My  Woman;' 
Lombardo  Big 
Detroit  Draw 


Detroit,  Nov.  2. — "My  Woman," 
helped  by  Guy  Lombardo  and  his 
band,  piled  up  $14,100  at  the  Down- 
town last  week,  topping  average  by 
$4,100. 

Total  first  run  business  was  $76,500. 
Average  is  $77,000. 

Estima.ted  takings  for  the  week  end- 
ing Oct.  26 : 

"MY   WOMAN"    (Col.) 

DOWNTOW^I— (2,750),  25c-50c,  7  days. 
Stage:  Guy  Lombardo  and  Royal  Canadians, 
Sammy  Lewis,  Patti  Moore.  Gross:  $14,100. 
(Average,    $10,000.) 

"BUREAU    OF    MISSING   PERSONS" 
(F.  N.) 

FISHER— (2,975),    15c-50c,   7   days.   Cross: 
$6,400.    (Average,    $10,000.) 
"THE  POWER  AND  THE  GUJRY"  (Fox) 

FOX— (5,100),     15c-50c,     7     days.     Stage: 
Gene  Denis,   Barney  Grant,   the  Bell  Twins. 
Gross:   $16,200.    (Average,   $15,000.) 
"BOMBSHELL"   (M-G-M) 

MICHIGAN— (4,100),  25c-50c,  7  days. 
Stage:  Jimmy  Savo,  Major,  Sharp  &  Minor, 
Gordon,  Reed  &  King.  Gross:  $21,200.  (Av- 
erage.  $20,000.) 

"MEET    THE    BARON"    (M-G-M) 

UNITED     ARTISTS— (2,070),     25c-50c,     7 
days.   Gross:   $6,200.    (Average,   $10,000.) 
"I'M    NO  ANGEL"    (Para.) 

STATE— (3,000),  25c-50c,  7  days,  3rd  week. 
Gross:    $12,400.    (Average,   $12,000.) 


Dismissal  Is  Asked 
For  Deforest  Suit 

Cincinnati,  Nov.  2. — In  a  suit  filed 
in  Federal  court  here  by  the  General 
Talking  Pictures  Corp.  against  D.  F. 
McCoy,  owner  of  the  La  Max,  and 
the  Clinton  County  National  Bank  & 
Trust  Co.,  seeking  to  recover  $3,995 
from  McCoy,  and  $1,000  from  the 
bank,  plus  six  per  cent  interest  in  both 
cases,  for  alleged  breach  of  contract 
involving  installation  of  DeForest  Jr. 
Phonofilm  in  1929,  defendants  have 
filed  motion  for  dismissal  on  the 
ground  that  the  amount  involved  is 
not  sufficient  to  give  Federal  jurisdic- 
tion, and  that  the  two  separate  causes 
of  action  in  the  petition  are  contrary 
to  the  rules  of  practice. 

The  bank  is  involved  because  of  the 
$1,000  deposited  in  escrow  by  McCoy 
representing  initial  cash  payment  on 
the  equipiTient,  which  deposit  the  bank 
subsequently   returned   to   McCoy. 


F.  &  M,  Shows  Start 
New  St.  Louis  Race 

St.  Louis,  Nov.  2. — Theatre  man- 
agers are  watching  the  St.  Louis,  to 
be  opened  tomorrow  night  under  the 
F.  &  M.  banner  with  a  lot  of  curios- 
ity. The  house  has  been  scaled  at  25 
cents  until  6  o'clock  and  40  cents  top 
from  6  to  closing. 

Opening  program  includes  two  fea- 
tures, a  stage  show,  and  49  girls.  More 
shows  like  this  are  expected  to  stir 
up  a  new  brand  of  competition. 


St.  Louis  May  Pass 
Standing  Room  Ban 

St.  Louis,  Nov.  2. — That  anti- 
standing  room  bill  introduced  in  the 
Board  of  Aldermen  after  one  of  its 
members  had  failed  to  get  a  seat  at 
a  showing  of  "I'm  No  Angel"  in  the 
Ambassador,  it  is  said,  has  attracted 
important   support   and   may   pass. 

Among  those  behind  the  bill  is  the 
St.  Louis  Safety  Council. 


Friday,    November   3,    1933 


MOTION   PICTURE 

DAILY 


Insiders'  Outlook 


(Continued   from   pane   2) 

the  company's  own  telegraph  of- 
fice, remarked  the  dispatcher : 
"The  code  has  hit  the  cables  at 
last."  .  .  .  Al  Santell,  in  from  the 
coast,  has  been  seen  around  town 
with  Jimmy  Grainger.  Then, 
what  ?  Well.  .  .  .  Nice  gesture : 
The  way  Nate  Manheim,  Uni- 
versal foreign  manager,  has 
offered  to  help  Phil  Reisman, 
RKO  foreign  manager,  over 
some  of  the  new  hurdles  which 
Reisman  will  have  to  jump.  Phil, 
incidentally,  won't  be  admitted 
into  the  overseas  fraternal  or- 
ganization until  he  clips  foreign 
exchange  tables  from  the  New 
York  dailies  and  carries  them  in 
his  vest  pocket.    .    .    . 

KANN 


Nat  Williams  Heads 
Southeastern  Ass'n, 

Atlanta,  Nov.  2. — Nat  Williams  of 
Thomasville,  Ga.,  is  the  new  president 
of  the  Southeastern  Theatre  Owners' 
Ass'n.    He   succeeds   Col.   T.   E.   Orr. 

Other  officers  named  at  the  closing 
session  of  the  three-day  convention 
here  were :  Vice-president  for  eastern 
Tennessee,  Hugo  V.  Manning  of 
Athens ;  vice-president  for  Alabama, 
Col.  Orr  of  Albertville ;  vice-president 
for  Florida,  Mitchell  Wolfson  of 
Miami ;  secretary  and  treasurer.  Love 
B.  Harrell  of  Atlanta. 


Southwestern  Plans 
To  Start  First  Soon 

Southwestern  Producers,  Inc.,  head- 
ed by  Bettye  Lou  Blount,  is  getting 
ready  to  start  the  first  of  a  series  of 
features.  It  will  be  called  'Way  Down 
South." 

Another  in  preparation  is  "The 
Birth  of  Texas,"  with  the  fall  of  the 
Alamo  as  a  highlight.  George  Mel- 
ford  is  in  charge  of  production.  Ar- 
rangements for  release  are  being  made 
through  a  major  company,  according 
to  Southwestern. 


May  Give  "Design"  Run 

Paramount  is  considexing  "Design 
for  Living"  as  a  two-a-day  attraction 
with  a  New  York  premiere  at  the 
Criterion  sometime  in  December. 
Ernst  Lubitsch,  director,  arrives  Sun- 
day from  the  coast  on  a  vacation  and 
will  look  over  a  number  of  plays  and 
other  material  as  his.  next  vehicle.  He 
will  also  attend  the  local  premiere. 

Again  Denies  Film  Plans 

Katharine  Cornell  denies  stories 
from  Hollywood  to  the  effect  that  she 
will  appear  in  "The  Good  Earth"  for 
M-G-M.  She  says  she  has  arranged 
a  series  of  one-night  stands  for  the 
stage  version  of  "The  Barretts  of 
Wimpole  Street"  and  that  M-G-M 
has  agreed  to  withhold  the  picture  un- 
til this  tour  is  completed. 


Missouri  Tax  Bill  In 

Tefferson  City,  Mo.,  Nov.  2. — A 
bill  providing  a  tax  with  a  sliding 
scale  on  theatre  admissions  was  intro- 
duced in  the  Missouri  legislature  to- 
day. 


MOTION  PICTURE  DAILY,!$ 
HOLLYWOOD  PREVIEW 


(.Continued  from  page    1) 

four  clowns  traipse  through  insane  antics,  ranging  from  the  crazy  to  the 
nutty  to  burlesque  to  slapstick  to  buffoonery,  all  resounding  in  sequences 
of  button-bursting  mirth. 

Laid  in  a  mythical  kingdom,  it's  a  hot  cha  potpourri  of  court  etiquette, 
cabinets,  nightgowns,  spies,  mirrors,  royal  bedrooms,  dictators,  peanuts 
and  a  cartoon  war  with  the  idiots  singing  "Oh,  Oh  Suzanna,"  sleeping 
with  horses,  playing  xylophones  on  huzzars'  helmets  while  Paul  Revere 
rides.  It's  all  gorgeous  lunacy,  senseless  as  a  scrambled  jig-saw  puzzle, 
full  of  new,  old,  but  always  funny  gags  and  honest  laughter. 

Leo  McCarey's  direction  is  smart  and  distinctive.  Production  values 
are  more  lavish  than  their  previous  operas.  Kalmar  and  Ruby's  book, 
lyrics  and  music  hit  a  high  note  in  original  coglomerations,  aided  by 
Sheekman's  and  Perrin's  additional  dialogue.  Margaret  Dumont,  Louis 
Calhern  and  Raquel  Torres  lead  the  supporting  roles.  "Duck  Soup," 
unrestrained  as  it  is,  should  be  swell  pickin's  for  exhibitors.  It  should 
set  the  box-office  agog  and  audiences  agaga. 

"Female" 

{First  National) 

Ruth  Chatterton's  experiences  as  a  hard-boiled  executive  in  search  of 
a  lover  who  will  take  her  for  what  she  is  and  not  for  her  power  and 
money  stack  up  as  delightful  entertainment.  It  will  amuse  audiences 
generally  as  it  did  the  Strand  patronage  last  night.  Miss  Chatterton 
does  clever  work  in  the  major  role,  while  George  Brent,  Philip  Faver- 
sham,  Ruth  Donnelly,  John  Mack  Brown,  Lois  Wilson,  Gavin  Gordon 
and  a  number  of  others  lend  capital  support. 

As  president  of  the  Drake  Motor  Co.,  Miss  Chatterton  dominates  her 
employes  to  the  extent  that  she  even  orders  some  of  them  to  visit  her 
at  her  home  after  working  hours  in  the  hope  she  may  find  a  romantic 
soul.  All  are  puppets  of  her  whims,  interested  in  furthering  their  busi- 
ness desires.  She  finally  decides  to  step  out  incognito  and  meets  Brent 
at  a  carnival.    Trying  to  rule  him  in  a  mild  way  doesn't  get  her  very  far. 

Later  Miss  Chatterton  finds  Brent  is  the  engineer  she  ordered  taken 
away  from  another  company,  and  when  she  tries  to  make  a  puppet  of 
him,  he  resents  it.  Brent  has  taken  a  liking  to  her,  but  doesn't  respond 
to  her  romantic  commands.  He  leaves  the  company  just  as  it  becomes 
involved  in  a  financial  crisis.  It  is  a  choice  between  letting  the  company 
pass  into  other  hands  or  go  after  her  hero.  She  chooses  the  latter. 
However,  Brent  understands,  and  with  her  goes  to  New  York  to  save 
the  motor  company,  and  the  heroine  from  further  pursuit. 

"Notorious  But  Nice** 

(Chesterfield) 

This  Chesterfield  production  for  all  its  routine  story  manages  to  be 
entertaining.  It  poses  a  love  tale  against  a  background  of  racketeering 
and  night  club  life  and  gathers  into  a  single  pot  a  mixture  of  every 
situation  in  films  of  this  kind  that  is  supposed  to  bring  response  from 
audiences   in  neighborhood  houses. 

The  central  theme  of  virtue  vindicated  has  all  the  elements  calculated 
to  touch  a  susceptible  heart.  Never  was  a  blacker  plot  cooked  up  to 
besmirch  a  woman's  name  as  is  conceived  by  a  wealthy  lad's  guardian 
to  get  him  away  from  a  girl  he  loves  in  order  that  the  boy  may  be 
brought  to  marry  his  daughter.  Circumstantial  evidence  plus  a  tale  of 
infidelity  concocted  by  the  guardian  results  in  a  dissolution  of  the 
romance.  The  wronged  girl  marries  a  racketeer  in  a  desperate  moment. 
When  the  husband  is  shot  by  a  rival  gangster  she  is  held  as  the  killer.  This 
gives  excuse  for  a  courtroom  scene  that  turns  out  to  be  the  finest  part 
of  the  film  by  all  odds,  being  genuinely  gripping  and  effectively  staged. 
Everything  is  straightened  out  in  the  end. 

The  cast  is  good,  with  Marian  Marsh  and  Donald  Dillaway  as  the 
lovers  especially  worthy  of  mention.  Betty  Compson  plays  a  lady  of 
easy  virtue  with  the  hardness  associated  with  such  a  role.  Others  who 
do  good  work  are  Rochelle  Hudson,  John  St.  Polls,  Henry  Kolker  and 
T.  Carroll  Naish. 


Charlotte  Henry  to  Tour 

Plans  are  under  way  by  Paramount 
to  have  Charlotte  Henry,  Brooklyn 
girl,  who  recently  won  a  beauty  con- 
test, make  a  personal  appearance 
tour  in  key  cities  where  "Alice  in 
Wonderland"  will  be  dated.  She  plays 
the  leading  role  in  the  film  which  will 
be  completed  in  two  weeks. 


AMPA  Hears  Ryskind 

Morrie  Ryskind,  former  publicist 
and  now  playwright,  and  Conrad  Light- 
ner  were  guests  of  honor  at  the  A.  M. 
P.  A.  yesterday.  Ryskind  told  of  some 
of  his  experiences  working  for  film 
companies,  while  Lightner,  a  mental 
telepathist,  gave  an  exhibition  of  his 
hypnotic  powers. 


Hollywood 
Personals 


Hollywood,  Nov.  2. 

BARBARA  Stanwyck  has  recovered 
from  her  illness  and  left  Wednes- 
day for  Hollywood  to  begin  work  in 
"Blood   of   China"    (Warner). 

Harry  Edwards  has  started  direc- 
tion of  a  new  Mermaid  comedy 
at  Educational  tentatively  called 
"Strained  Relations." 

Sam  Scheck,  Broadway  dance  pro- 
ducer, has  been  signed  by  Universal  to 
handle  the  musical  routines  of  "I  Like 
It  That  Way." 

Jesse  Lasky  and  John  Blystone 
are  looking  for  debutantes  for  "Com- 
ing  Out   Party." 

Gf.orge  Billings  and  Clara  Bland- 
ing  go  into  "As  the  Earth  Turns" 
(Warners). 

Miriam  Jordan  ,goes  to  Columbia 
for  a  role  in  "Let's  Fall  in  Love"  on 
a  loan  from  Fox. 

Ketti  Gallian,  recently  signed  by 
Fox,  gets  the  lead  in  "Marie  Gallant." 

Shirley  Temple  and  Herman 
Bing  cast  in  "Mandalay"   (Warners). 

Noel  Malison  spotted  in  "I  Like  It 
That  Way"   (Universal). 

Frank  Reicher  grabs  a  spot  in 
"Hi  Nellie!"    (Warners). 


Nazi  Yarn  Stirs  Up 
Wieck  Boycott  Talk 

Hollywood,  Nov.  2. — Motivated  by 
an  article  appearing  in  Louella  Par- 
sons' column  today  saying  that  Bar- 
on Ernest  Von  der  Decken,  editor 
of  a  Hitler  newspaper,  is  on  his 
way  here  to  visit  Dorothea  Wieck, 
local  Jewish  groups  are  up  in  arms, 
with  undercover  talk  of  a  talent  boy- 
cott supplementing  a  German  mer- 
chandise boycott. 

It  is  alleged  that  on  the  set  Miss 
Wieck  has  voiced  pro-Nazi  senti- 
ments to  which  Miss  Parsons  alluded 
in   her   column. 

Local  Jews  say  they  cannot  under- 
stand why  Paramount,  headed  by 
Adolph  Zukor,  Ralph  Kohn  and 
Emanuel  Cohen,  should  have  re- 
newed Wieck's  contract,  if  they  knew 
about   this. 

The  studio  comes  to  Miss  Wieck's 
defense  with  the  statement  that  at  no 
time  has  she  discussed  pro-Hitler 
propaganda,  adding  that  she  has 
worked  hard  since  arriving  in  Holly- 
wood, always  minding  her  own  busi- 
ness. The  connpany  asserts  the  fact 
that  the  baron  is  on  his  way  here 
should  not  be  construed  as  having 
any    significance. 


Kirchwey  Heads  Board 

Dr.  George  W.  Kirchwey,  former 
Columbia  Law  School  dean,  has  been 
reelected  chairman  of  the  National 
Board  of  Review  executive  committee. 
Other  members  are :  Dr.  Frederic  C. 
Howe,  Walter  W.  Pettit,  Mrs. 
Miriam  Sutro  Price,  Dr.  Myron  T. 
Scudder,  LeRoy  E.  Bowman,  Dr. 
Frank  Astor,  Judge  Davis,  Dr.  Louis 
I.  Harris,  George  W.  Zehrung  and 
Dr.  William  B.  Tower. 


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SONG 


'Maedchen  in  Uniform" definitely  proved  DOROTHEA  WIECK'S  great  potentialities.  PARAMOUNT. . .  the  only  company  that 
brought  forth  two  great  stars  in  the  post  year,  MAE  WEST  and  BING  CROSBY. . .  has  taken  great  care  to  develop  these 
by  providing  Miss  Wieck  with  an  exceptionally  fine  screen  play  written  by  Marc  Connelly,  author  of  "Green  Pastures." 

Directed  by  Mitchell  Leisen 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  107 


NEW  YORK,  SATURDAY,  NOVEMBER  4,  1933 


TEN  CENTS 


Work  Spread 
Of  Musicians 
To  Start  Soon 


Weber,  Federation  Head, 
Confirms  Daily  Story 

That  some  system  to  spread  em- 
ployment among  idle  musicians  will 
be  definitely  put  into  effect  in  the  near 
future  was  confirmed  yesterday  by 
Joseph  N.  Weber,  president  of  the 
American  Federation  of  Musicians. 
First  reports  of  this  action  appeared 
exclusively  in  Motion  Picture  Daily 
on  Oct.  25. 

Decision  to  adopt  such  a  proposal 
is  a  development  of  conferences 
which  have  been  under  way  between 
Weber  and  representatives  of  na- 
tional   circuits.     The    move   grew   out 

(Continued  on  pape  3) 


ITOA  Dickers  for 
Flat  Union  Costs 

In  negotiating  deals  with  Local 
306,  the  I.  T.  O.  A.  is  deviating  from 
the  regular  union  procedure  by  dick- 
ering for  sum  total  prices  of  individual 
booths  rather  than  salaries  for  indiv- 
idual operators. 

Opinion  of  the  exhibitors  is  that  they 

are    not    interested    how    many    men 

work  one,  two  or  five  days  a  week  in 

the   booth   as    long   as   the    projection 

(Continued  on  page  3) 


Houses  in  Atlanta 
Opened  on  Sundays 

Att-anta,  Nov.  3. — -Blue  Sunday 
passed  into  the  discard  in  Atlanta 
last  Sunday  when  the  theatres  opened 
for  regular  operation  here,  unrestrict- 
ed for  the  first  time  in  the  history  of 
the  city.  About  five  weeks  ago,  citi- 
zens voted  about  four  to  three  for  an 

(Continued  on    pacie  3) 


Ifs  Churchill 

Despite  general  belief  that 
it  was  Ann  Ronell  who  wrote 
the  music  for  "Who's  Afraid 
of  the  Big  Bad  Wolf?"  the 
original  music  and  lyrics 
were  written  by  Frank  E. 
Churchill,  member  of  Walt 
Disney's  staff  which  turned 
out   "Three   Little   Pigs." 

Miss  Ronell  wrote  addi- 
tional lyrics  and  is  so  cred- 
ited on  sheet  music  published 
by  Irving  Berlin. 


NRA  Far  from  Discard  Point; 

Swope  Plan  Faces  Opposition 

Washington,  Nov.  3. — It  will  be  some  time  before  the  NRA  is 
broken  up,  if  at  all,  and  its  permanent  administration  turned  over 
to  any  National  Chamber  of  Commerce  and  Industry,  as  sug- 
gested earlier  in  the  week  by  Gerard  Swope  of  General  Electric. 
The  plan  provides  for  use  of  the  present  U.  S.  Chamber  of  Com- 
merce as  a  nucleus. 

Today  organized  labor,  the  National  Ass'n  of  Manufacturers, 
and  many  prominent  individuals  and  organizations  in  industry  be- 
gan to  load  the  Capital  with  their  protests  to  the  Swope  plan. 

Another  factor,  not  too  easily  disposed  of,  hinges  on  the  original 
plan  to  turn  over  the  NRA  to  the  Department  of  Commerce.  This 
idea  is  still  very  much  alive. 


Laemmle  Sees 
Slight  Help 
From  Russia 


Hollywood,  Nov.  3. — American 
producers  will  benefit  little,  if  at  all, 
from  recognition  of  Soviet  Russia, 
as  the  type  of  films  made  here  is 
taboo  in  the  Soviet,  where  the  screen 
is  used  as  a  medium  of  political 
propaganda,  said  Carl  Laemmle,  who 
arrived  here  today  from  a  trip  abroad. 
Measured  by  Russian  standards,  films 
produced  by  American  companies  are 
entirely  unsuited  for  Russian  audi- 
ences,  Laemmle  explained. 

Picture  preferences  in  Europe  are 
greatly  diversified,  with  as  many  de- 
mands in  the  way  of  screen  entertain- 

(Continued  on   pape   3) 


Vaudeville  Is  Given 
Break  in  Cleveland 

Cleveland,  Nov.  3. — Vaudeville 
here  took  a  sudden  spurt  this  week 
when  the  Hippodrome  and  the  RKO 
Palace  put  on  six  acts  in  a  competitive 
stage  show  battle.  It  is  rumored 
Loew's  will  inaugurate  either  a  pres- 
entation or  vaudeville  at  the  State 
around  the  first  of  next  year. 

Loew's  has  reverted  the  Stillman 
policy  to  duals  again  with  "Tillie  and 
Gus"    and    "Gigolos    of    Paris"    now 

(Continued  on    parte   3) 


a 


Anger  at  $55,000 
3rd  Paramount  Week 

Third  week  of  "I'm  No  Angel"  at 
the  New  York  Paramount  netted  the 
house  $55,000. 

The  Hollywood,  with  "The  World 
Changes,"  grossed  $24,740  for  the 
week  ending  Thursday,  while  the  Old 
Roxy  intake  for  the  seven-day  per- 
iod was  $19,000.  The  Music  Hall 
with  "Berkeley  Square"  took  in  $80,- 
344  for  the  week   ending  Wednesday. 


Independents 
Expected  to 
Accept  Code 


With  increasing  indications  that 
President  Roosevelt  would  sign  the 
code  some  time  this  week-end,  or  by 
Monday  night  at  the  latest,  independ- 
ent factions  here  appear  reconciled  to 
code  provisions  in  their  present  form, 
including  membership  on  the  code  au- 
thority and  the  set-up  of  local  griev- 
ance,   clearance    and    zoning    boards. 

The  present  independent  attitude  is 
seen  traceable  to  conferences  held  re- 
cently between  independent  leaders, 
Administrator  Hugh  S.  Johnson,  Col. 
W.  Robert  Lea,  Johnson's  executive 
assistant,  and  Deputy  Administrator 
(Continued  on  tape  3) 


Detroit  RKO  House 
Goes  to  Dual  Bills 

Detroit,  Nov.  3. — With  its  policy 
of  offering  straight  sound  shows,  the 
RKO  Downtown  this  week  is  offer- 
ing a  double  bill  composed  of  "East 
of  Fifth  Avenue"  and  ".A.ce  of  Aces." 
Under  the  recent  pooling  arrange- 
ment made  with  the  Fox,  stage  shows 
tabbed  for  the  Downtown  are  being 
put  into  the  Fox,  the  latter  playing 
the  first  of  them,  Earl  Carroll's 
"Vanities."   this   week. 

Arthur  Frudenfeld,  former  division- 
al manager  for  RKO,  has  gone  to 
New  York  to  assume  duties  there 
with   RKO. 


White  House 
Is  Awaiting 
Code  Today 

Johnson  or  Lea  to  Release 
Statement  on  Pact 


Triple  Bills  Worry 
Salt  Lake  Showmen 

Salt  Lake  City,  Nov.  3. — Inaugu- 
ration of  triple  bills  at  the  Orpheum 
and  the  Playhouse  has  caused  a  stir 
among  subsequent  runs  here.  Most 
houses   have   been    running  .duals   and 

(Continued  on   pape  3) 


Washington,  Nov.  3. — With  the 
film  code  completed  and  his  report 
ready  for  signature.  Administrator 
Hugh  S.  Johnson  tomorrow  is  ex- 
pected to  lay  the  motion  picture  situa- 
tion before  the  President.  All  codes 
ready  for  approval  will  be  taken  to 
the  White  House  in  order  that  John- 
son may  clear  his  desk  before  he 
leaves  on  his  western  trip. 

Tomorrow  also  Johnson  or  his 
executive  assistant.  Col.  W.  Robert 
Lea,  will  issue  a  statement  discussing 
the  code,  it  is  understood,  in  order 
that  the  country  may  have  a  clear 
explanation  of  the  negotiations  to 
offset  the  reports  of  controversy  and 
dissension  which  have  been  broadcast. 


O'Reilly  Asked  for 
Code  Clarification 

Charles  L.  O'Reilly,  president  of 
the  T.  O.  C.  C,  sought  clarification 
of  various  code  provisions  and  their 
phraseology  during  his  conference 
Thursday  with  Col.  W.  Robert  Lea, 
executive  assistant  to  Administrator 
Hugh  S.  Johnson,  in  Washington,  it 
was  learned  yesterday.  No  changes 
in  the  code  were  sought  by  O'Reilly. 


," 


Discussing  '* Alice' 
For  RKO  Music  Hall 

Paramount  and  RKO  are  under- 
stood negotiating  a  deal  whereby 
"Alice  in  Wonderland"  will  be  booked 
into  the  Music  Hall  for  Christmas 
week.  RKO  executives  are  under- 
stood to  feel  that  the  picture  can 
gross  about  $150,000  for  the  week, 
setting  a  new  all-time  record  for  the 
6th  Ave.  house.  Provided  the  deal 
is  not  closed,  RKO  is  considering  dat- 
ing  "Little   Women"    instead. 


Three-way  Race 

Cleveland,  Nov.  3. — A  three- 
way  competitive  program  in 
one  house  is  now  current  at 
the  Allen  where  "Three  Lit- 
tle Pigs"  is  pitted  against 
"Lullably  Land,"  two  Walt 
Disney  subjects,  which  in 
turn  are  competing  for  hon- 
ors against  "The  Life  of  King 
Henry  the  VIII."  All  are  U. 
A.  releases. 


MOTION  PICTURE 

DAILY 


Saturday,   November  4,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol.   34 


November  4,   1933 


No.  107 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Adz'ertising  Manager 


^•^w^  PUBLISHED  daily,  except  Sunday 
#^jjj  and  holidays,  by  Motion  Picture 
^^1^  Daily,   Inc.,   a    Quigley   Publication, 

^i  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour     desNoues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign: 
$15.     Single    copies:     10    cents. 


wi  lOOMinutT 


Brown  Joins  Supply 
Company  in  Chicago 

Chicago,  Nov.  3. — George  H. 
Brown,  former  western  supervisor  of 
construction  for  RKO  theatres,  has 
joined  Guercio  &  Barthel  Co.,  equip- 
ment supply  dealers,  who  today  moved 
to  new  quarters  at  908  South  Wa- 
bash Ave.  He  will  be  engaged  on 
the  theatre  building  and  decorating 
end  of  the  business. 

Brown  came  here  last  August  from 
the  coast  where  he  handled  receiver- 
ship problems  in  connection  with  a 
number  of  houses. 


Winchell,  III  ,  Goes 
On  Another  Vacation 

Starting  Monday,  Walter  Winchell 
will  take  a  leave  of  absence  from  the 
New  York  Daily  Mirror  on  physi- 
cian's orders,  it  was  said  yesterday. 
With  today's  column,  the  gossip 
writer  will  say  good-bye  to  his  read- 
ers until  he  is  pronounced  fit  to  re- 
turn to  the  wear  and  tear  of  a  Broad- 
way columnist's  life.  Paul  Yawitz 
will  bat  for  him  until  he  returns. 

Unconfirmed  rumors  making  the 
Broadway  rounds  are  to  the  effect  that 
Winchell   has   resigned. 


Dismisses  Connors  Suit 

Magistrate  August  Dreyer  yester- 
day dismissed  a  suit  brought  by 
Chuck  Connors,  Jr.,  against  John 
Wright,  manager  of  the  Rivoli, 
charging  criminal  libel  in  connection 
with   the   showing  of   "The   Bowery." 


New  Trans-Lux 

Major  L.  E.  Thompson  is  adding  a 
new  link  to  the  chain  of  Trans-Lux 
houses  when  he  opens  the  new  Trans- 
Lux  Theatre  on  Madison  Avenue, 
Friday,    November    10. 


Guy  P.  Morgan  Here 

Guy  P.  Morgan,  general  manager 
in  Argentina  since  1929  for  United 
Artists,  is  here  for  a  series  of  con- 
ferences with   home   office   executives. 


Looking  ^Em  Over 


"Day  of  Reckoning** 

(M-G-M) 

Una  Merkel  gives  a  grand  performance  in  a  role  that  calls  for  much 
more  than  a  display  of  her  comedy  talents.  In  fact,  she  practically  steals 
the  picture  from  start  to  finish  in  the  role  of  a  nurse  who  cares  'for  the 
children  of  Richard  Dix  and  Madge  Evans. 

It's  the  story  of  a  man  who  embezzles  to  help  his  wife  maintain  a 
social  front.  When  he  is  jailed  she  goes  to  Conway  Tearle  for  aid,  and 
Tearle  fixes  it  so  that  Dix  gets  a  two-year  sentence.  In  the  course  of 
a  developing  friendship  between  Tearle  and  Miss  Evans,  Miss  Merkel 
cares  for  the  children,  in  spite  of  the  fact  that  Stuart  Erwin,  driver  of 
a  milk  wagon,  is  seeking  her  hand  in  marriage.  Pathetically,  she  even 
takes  thd  children  to  a  park  across  the  street  from  the  jail  so  Dix  can 
see  them  from  a  window. 

A  jealous  woman  shoots  Miss  Evans  in  Tearle's  apartment.  He  is 
sent  to  the  same  prison  with  Dix,  and  Dix  attacks  him.  The  big  scene 
of  the  pictures  takes  place  on  the  roof  of  the  jail  as  Dix  and  Tearle  fight 
on  a  cornice.    Tearle  is  killed. 

Faithful  to  the  last,  Miss  Merkel  gets  Erwin  to  meet  Dix  when  he  is 
released  and  she  restores  Dix's  children  to  him  on  a  farm  where  she 
is  living  with  Erwin's  parents. 

It  has  some  gripping  and  highly  emotional  moments,  but  Dix  has  had 
better  roles. 


''Eat  *Em  Alive" 

{Harold  Austin-Real  Life  Pictures) 

An  interesting  six-reel  photographic  study  of  reptile  and  animal  life 
and  conflict  on  the  American  desert,  where  Nevada  ends  and  California 
begins,  made  by  Harold  Austin,  who  turned  out  "Africa  Speaks,"  "Mon- 
sters of  the  Deep"  and  others. 

A  press  sheet  on  "Eat  'Em  Alive"  lists  the  following  encounters  as 
the  "eight  most  important  battles  in  the  pictures."  Incidentally,  they 
comprise  the  story  and  the  content  of  the  film.  There  is  an  engagement 
between  a  "sidewinder"  rattler  and  a  king  snake ;  one  between  a  gila 
monster  and  a  diamond-back  rattler ;  a  mongrel  pit  dog  vs  a  rattler ; 
a  monkey-faced  owl  vs  a  snake ;  a  centipede  vs  a  black  widow  spider ; 
a  fitch  vs  a  desert  rat ;  land  turtle  vs  land  turtle,  and  a  fitch  vs  a  rattler. 

Most  of  these  contests  are  to  the  death  and  for  the  purpose  of 
obtaining  nourishment ;  the  process  of  mastication  in  each  case  being 
shown  in  close-up  and  in  lengthy  footage,  which  facts  evidently  earn 
the  picture  its  title.  So  photographically  detailed  are  some  of  the  shots 
that  they  may  prove  revolting  to  women,  children  and  sensitive  males. 

Photography  is  excellent,  and  the  desert  setting  is  picturesque  and 
highly  interesting.    The  film  appears  to  be  original  and  genuine. 


Loew  Up  One  and  a  Half 

Net 

High      Low      Close  Change  Sales 

Columbia    Pictures,    vtc 22Ji        21J^        22'A        -^  H  100 

Consolidated   Film  Industries,   pfd 9'A         954         9yi       -f  5^  100 

Eastman   Kodak    72'/       71           72!^        -^VA  200 

Fox    Film    "A" 14?4        1454        IW       +  'A  100 

Loew's,    Inc 2854       27           28K2        +VA  3,500 

Paramount    Publix    1%         1?4         m       —  Vs  100 

Pathe    Exchange     IH          IH          Wt  —  %  500 

Pathe    Exchange   "A" 85^         8            8^-1-5^  400 

RKO    2A         2^         2^       -1-54  300 

Warner   Bros 6Vs         6Vs         m       +  'A  500 

Technicolor  Gains  Quarter 

Net 

High      Low      Close  Change  Sales 

Technicolor     115^        H-^        II/2  +  'A  1,500 

Pathe  Jumps  Two  Points 

Net 

High      Low      Close  Change  Sales 

General   Theatre   Equipment   6s   '40 4             3%         iVi  —  54  3 

Loew's   6s   '41,   WW   deb   rights 84}4        8414        84J4         1 

Paramount   Broadway   5}4s  '51 30           29           29  —1  2 

Paramount    F.    L.   6s    '47 •. 28           27J4        27Ji  —54  2 

Paramount    Publix    S54s    'SO 285^       2854       28;^  —  %  1 

Pathe    7s    '37,    ww 82           80           82  -t-2  3 

Warner    Bros.    6s    '39,    wd 395^        39'X        3954  10 


Five  amusement  shares  listed  in  the  New  York  Times  index  of  20  stocks 
listed  on  the  New  York  Stock  Exchange  show  a  decline  of  $13,198,707  in 
paper  value  for  October  as  compared  with  September.  The  decline  in  points 
was    1,400. 


i  Purely 
Personal  ► 


PEGGY  GOLDBERG  of  the  Edu- 
cational publicity  department  says 
that  the  Paul  Terrytoon,  "Beanstalk 
Jack,"  and  Radio  City  "Music  Hall 
were  "made  for  each  other,"  after 
viewing  them  together. 

Jules  Levy  and  Al  Lichtman  go- 
ing opposite  ways,  met  at  6th  Ave. 
and  46th  St.  yesterday  afternoon,  and 
after  a  handshake  both  went  Licht- 
man's  way. 

Pat  Garyn  returned  to  New  York 
from  the  Middle  West  yesterday.  He 
was  gone  two  weeks  in  the  interests 
of  the  Edwin  C.  Hill  series  for  Master 
Art. 

Katharine  Hepburn  will  appear 
in  "Sky  Blue"  on  Broadway  for 
Jed  Harris  as  soon  as  she  finishes 
her    current   film   for   Radio. 

Myron  Sattler,  New  Jersey  Par- 
amount exchange  manager,  is  suffer- 
ing from  a  sore  back.  He  claims  his 
back  is  going  back  on  him. 

Mitchell  Leichter  has  formed 
the  Anchor  Productions,  and  is  plan- 
ning eight  features  at  the  "Bud"  Pol- 
lard   studios. 

Morris  Segal  of  Majestic  Pictures 
has  bought  the  rights  to  "Hell's  Holi- 
day" from  Superb  for  Ohio  and  Ken- 
tucky. 

British  Equipment 
Stir  Has  Subsided 

London,  Nov.  3.  —  Excitement 
stirred  up  among  members  of  the 
Cinematograph  Exhibitors'  Ass'n  by 
the  publication  of  a  series  of  stories 
in  the  Daily  Film  Renter  that  equip- 
ment manufacturers  were  organizing 
a  combination  to  boost  prices  and  end 
discounts  has  subsided. 

After  a  number  of  denials  from 
manufacturers  and  the  start  of  a 
movement  among  exhibitors  to  organ- 
ize a  buying  combine,  the  manufac- 
turers met  and  failed  to  reach  an 
agreement. 


Warner  Deal  Near  Close 

Cleveland,  Nov.  3. — The  Warner 
deal  to  take  over  the  Hippodrome 
today  officially  progressed  beyond  its 
preliminary  stage,  with  final  arrange- 
ments to  be  announced  any  day. 


CLASSIFIED 
DIRECTORY 

WHERE    TO   GET 
WHAT    YOU    WANT 


EQUIPMENT 


s.  o.  s.  corporation 

Used  Equipment   Bought  and   Sold 

Largest  Clearing   House  In   Show  Businesi 

1600  Broadway         CH.    4-1717         New  York  City 


PROJECTION  ROOMS 


AUDIO  PUBLIX  PKOJECTION  BOOM,  INC. 
Efflclent   Serrlce   with   ECA    Sound — Lowest   Kalei 
Boom    714,    630    -    9th    Ave..    CHIckn-lng    4-641S 


J 


Saturday,   November  4,    1933 


MOTION  PICTURE 

DAILY 


Independents 
Expected  to 
Accept  Code 


(.Continued  from    page    1) 

Sol  A.  Rosenblatt.  It  is  reported  that 
while  these  conferences,  including 
those  with  Abram  F.  Myers,  Allied 
States  general  counsel,  were  produc- 
tive of  no  changes  of  any  significance 
in  the  code,  the  independent  leaders 
were  assured  that  if  any  injustices  to 
the  industry  or  the  public  appeared 
in  the  administration  of  the  code  after 
it  had  been  in  force  90  days,  revi- 
sions would  be  made  by  NRA  at  that 
time,  providing  it  had  been  shown 
that  changes  were  required. 

It  was  also  made  clear  to  inde- 
pendents, according  to  report,  that 
what  they  allege  to  be  an  unequal  rep- 
resentation on  the  code  authority,  as 
between  independent  and  major  inter- 
ests, had  little  likelihood  of  working 
a  disadvantage,  even  if  independent 
contentions  were  well  grounded.  It 
was  pointed  out  that  all  actions  of 
the  code  authority,  and  of  other  code 
administrative  bodies,  were  subject  to 
review  by  Administrator  Johnson  and, 
further,  that  a  code  authority  would 
stand  or  fall  by  its  own  acts,  and 
that  if  these  acts  were  not  in  the 
best  interests  of  the  public  and  the 
industry,  the  code  authority  member- 
ship would  quickly  discredit  itself  and 
be   replaced. 

Independents  were  futher  admon- 
ished, it  is  reported,  to  reconcile 
themselves  to  a  90-day  trial  of  the 
code  in  practice,  as  an  evidence  of 
good  faith,  and  were  counselled  that 
no  vital  changes  in  any  phase  of  its 
structure  would  be  made  prior  to 
that  time,  and  then  only  if  required. 
A  fair  chance  for  the  code,  so  la- 
boriously arrived  at,  was  insisted  up- 
on  by   the    NRA   officials,    it   is    said. 

The  view  of  the  administration 
men,  it  is  reported,  is  that  further 
arguments,  pro  and  con,  having  to 
do  with  the  workability  of  any  code 
provision  as  it  now  stands  are  theo- 
retical and  useless  and  have  all  been 
heard  by  the  codifiers  before  now. 
Only  practical  application  of  the 
code  can  demonstrate  whether  or  not 
its  provisions  are  sound  or  imprac- 
tical now,  the  administration  officials 
are  said  to  be  convinced,  and  this 
viewpoint,  it  is  reported,  was  followed 
with  the  dictum  that  the  code  must 
be  given  a  90-day  trial. 


Allied  Meeting  Delayed 

Detroit,  Nov.  3. — The  annual  meet- 
ing of  Allied  of  Michigan,  originally 
scheduled  to  be  held  at  Flint  on  Nov. 
7,  has  been  postponed  until  some  time 
in  December.  Postponement  was 
made  to  permit  the  industry  code  to 
be  completed,  so  Allied  may  consider 
it  at  the  annual  convention.  H.  M. 
Richey  said  the  meeting  might  be  held 
in  Grand  Rapids  instead  of  Flint, 
many  exhibitors  having  expressed  a 
preference  for  the  latter  city. 


Plans  New  Weekly 

Tamar  Lane,  editor  of  The  Film 
Mercury  of  Hollywood,  plans  a  new 
weekly  to  be  known  as  New  Film 
Times.  Devoted  primarily  to  produc- 
tion and  published  in  New  York,  first 
appearance  is  scheduled  for  next 
week. 


Laemmle  Sees 
Slight  Help 
From  Russia 


(Continued  from   page    1) 

ment  as  there  are  countries  and  racial 
divisions,  said  Laemmle.  Elucidating, 
he  related  that  at  a  meeting  of  Euro- 
pean managers  at  the  Paris  office,  each 
executive  expressed  a  preference  for 
something  different  tha,n  demanded 
by  the  others.  Where  some  wanted 
mysteries  or  musicals,  others  said 
there  was  no  market  for  them,  and  so 
on.  Likewise,  it  was  found  that  while 
in  some  sections  of  the  continent 
dubbing  is  favored,  elsewhere  super- 
imposed titles  with  English  dialogue 
are  the  vogue. 

Few  musicals  made  in  America  are 
successes  in  Europe,  Laemmle  learned 
while  abroad.  During  his  sojourn  in 
Paris,  "42nd  Street"  failed  to  panic 
the  Parisians,  despite  its  performance 
in  this  country.  Likewise,  European 
productions  present  a  problem  for 
American  distribution.  "Le  Maternel" 
("Motherhood")  produced  by  Uni- 
versal in  France  and  currently  a  hit 
there,  was  contemplated  for  distribu- 
tion in  this  country.  But  it  was  later 
decided  not  to  bring  it  in,  inasmuch 
as  it  contains  certain  scenes  which, 
while  they  vastly  amuse  the  French, 
probably  would  be  frowned  upon  here. 

Considering  the  fact  that  "Back 
Street"  is  now  in  its  11th  week  in 
Paris,  Laemmle  makes  the  observa- 
tion that  the  French,  at  least  the 
Parisians,  prefer  dramas  to  any 
other  type. 

Laemmle  confined  his  European 
stay  to  Paris,  where  he  remained  15 
days.  He  reversed  his  usual  custom 
of  visiting  continental  capitals  by  hav- 
ing his  managers  come  to  Paris  for 
conferences.  A  banquet  gave  the  Uni- 
versal executives  from  the  various 
countries  opportunities  to  become 
acquainted. 

Originally,  Laemmle  intended  to 
stay  in  Paris  three  or  four  days,  then 
proceed  to  Switzerland  and  London. 
But  decision  to  hold  all  conferences 
in  Paris,  plus  the  crisis  arising  from 
the  German  situation,  superseded  those 
plans. 


Printer  Quits  AMP  A 

With  the  resignation  yesterday  of 
one  of  the  three  printers  who  are 
members  of  the  association,  the  A. 
M.  P.  A.  is  rapidly  getting  its  house 
in  order.  The  second  will  drop  out 
next  week  and  the  last,  now  on  the 
coast,  is  being  asked  to  tender  his 
resignation. 

Membership  figures  have  146  as 
fully  qualified,  75  of  whom  are  paid 
up   to    date    and    42    for    1934. 


Feud's  Over 

Hollywood,  Nov.  3.— W.  C. 
Fields  says  the  feud  between 
himself  and  Baby  LeRoy,  un- 
der way  since  the  making  of 
"Tillie  and  Gus,"  has  been  ter- 
minated. Fields,  who  blew  up 
recently,  declaring  that  Baby 
LeRoy  had  stolen  several  of 
his  best  scenes  not  only  in 
"Tillie  and  Gus"  but  during 
the  making  of  "Alice  in  Won- 
derland," has  agreed  to  let 
the  matter  drop  providing 
the  youngster  isn't  cast  in 
"Six  of  a  Kind,"  Fields'  next. 
Paramount  officials  have 
agreed.  Baby  LeRoy  has  re- 
mained indifferent  through- 
out. 


ITOA  Dickers  for 
Flat  Union  Costs 

(Continued  from    page    1) 

machines  are  manned  by  sufficient 
men.  They  claim  that  no  matter  how 
many  different  men  operate  the 
machines  the  scale  for  the  booth  will 
be  the  same,  even  though  two  men 
may  work  two  days  a  week  and  other 
one    or    three. 

Exhibitors  say  they  don't  want  to 
be  singled  out  as  not  providing 
enough  employment  for  any  of  their 
workers  to  provide  a  living  wage. 
They  are  willing  to  spend  what  they 
can  afford  for  each  booth  and  how 
Local  306  distributes  the  employment 
should  not  reflect  on  the  exhibitors, 
they   declare. 

Local  306  has  agreed  to  negotiate 
on  this  basis,  and  it  is  understood  the 
stagehands'  and  musicians'  pacts  will 
be  made  the  same  way. 


*' Yesterday"  Opens  Nov.  9 

Hollywood,  Nov.  3. — Premiere  of 
Universal's  "Only  Yesterday"  will 
take  place  here  at  the  reopening  of 
Pantages  Hollywood,  Nov.  9.  The 
picture  was  previously  slated  to  open 
Nov.  2,  but  was  postponed  through 
inability  of  Pantages  to  line  up  stage 
presentations  and  subsequent  product 
to  follow  this  run. 


Earned  $2.15  a  Share 

Loew's,  Inc.,  profits  of  $4,034,289 
for  the  fiscal  year  ending  Aug.  31, 
1933,  represent  earnings  of  $2.15  oTi 
each  of  the  1,464,205  shares  of  com- 
mon outstanding.  The  per-share  earn- 
ings for  the  previous  year  were  $4.80. 


Bowes  to  Run  NVA  Show 

Maj.  Edward  Bowes  will  have  charge 
of  the  17th  annual  benefit  for  the  N. 
V.  A.,  which  is  to  be  held  at  the 
Metropolitan   Opera   House   Nov.   12. 


How  Amusement  Shares  Dropped 

Five  major  amusement  issues,  traded  in  on  the  floor  of  the  New 
York  Stock  Exchange,  declined  $13,198,707  in  paper  value  last  month, 
according  to  index  figures  maintained  by  the  Nezv  York  Times.  The 
shrinking  was  part  of  a  general  market  tendency  downward. 

The  data : 

Change 

Shares  Closing           Net            in 

Listed.  Sept.     Oct.     Change     Values 

Fox    Film     (new)     2.417,802  15            WA    —    H    $1,81.^,351 

Loew's    M64.205  30^        26^    —  4!4      6,588.922 

Madison   Square   Garden 319.124  2^          2^    —    ^,           .•!9,890 

Radio-Keith-Orpheum    960.065  2%          2V»    —    ■/4,         480,0.12 

Warner   Bros 3,801,344  7M          6^4    —  V/n      4,276,513 

Total   -  $13,198,707. 


Work  Spread 
Of  Musicians 
To  Start  Soon 


(Continued  from    page    1) 

of  a  request  understood  to  have  been 
made  by  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  that  the  circuits 
meet  with  the  head  of  the  musicians' 
group  in  an  attempt  to  devise  some 
means  of  cutting  down  unemployment 
among  the  musicians  of  the  nation. 

It  was  said  by  Weber  that  his  or- 
ganization is  now  in  the  midst  of 
conferences  with  the  radio  broadcast- 
ers in  an  effort  to  get  them  to  come 
in  on  the  proposed  scheme. 

A  stagger  system  is  understood  to 
be  favored.  The  idea  provides  for  a 
25  per  cent  replacement  of  new  musi- 
cians at  current  wages.  Without  added 
expense  to  the  theatre  operator,  it 
would  make  it  possible  for  idle  musi- 
cians to  get  partial  work  through  the 
willingness  of  employed  musicians  to 
sacrifice  part  of  their  wages  for  the 
good  of  the  profession  as  a  whole. 

Another  suggestion  is  that  prevail- 
ing wage  scales  be  adjusted  to  enable 
neighborhood  deluxe  houses  to  add 
one  or  more  men  to  their  orchestras 
over  the  week-end. 

A  third  proposal  involves  theatres 
where  the  policy  is  to  use  occasional 
stage  units  requiring  orchestras  to 
augment  the  screen  fare.  Theatremen 
hold  that  more  stage  units  would  be 
employed  if  local  musicians'  unions 
desisted  from  attempting  to  capitalize 
on  such  a  policy  by  trying  to  force  a 
contract  over  longer  intervals  of  time. 


Triple  Bills  Worry 
Salt  Lake  Showm,en 

(Continued  from    page   1) 

managers  are  wondering  where  the 
product  will  come  from  if  they  are 
forced  by  competition  to  put  on 
triples. 

First  runs  are  feeling  the  pinch  and 
Louis  Marcus  is  planning  to  start 
stage  shows  at  the  Capitol  Nov.  9. 
An  orchestra  headed  by  Curt  Peter- 
son, with  Gus  Farney  as  concert  or- 
ganist, has  been  engaged.  Harry 
David,  Marcus  manager,  is  in  Los 
Angeles    lining    up    talent. 


Houses  in  Atlanta 
Opened  on  Sundays 

(Continued  from   page    1) 

"open"  Sunday.  Last  week  the  coun- 
cil repealed  the  "blue  law"  ordinance 
prohibiting  Sunday  theatre  operation. 
Under  the  state  law,  theatres  may 
operate  if  a  portion  of  the  proceeds 
are  devoted  to  charity.  Ten  per  cent 
of  the  proceeds  from  the  Atlanta  Sun- 
day operation  will  be  given  to  the 
Scottish  Rite  Crippled  Children's 
Home. 


Vaudeville  Is  Given 
Break  in  Cleveland 

(Continued  from   page    1) 

current  there.  Abraham  Kramer  and 
Meyer  Fine  have  added  the  Allen  to 
their  circuit,  making  a  total  of  34. 
Walter  Lynch  of  Meadville,  Pa.,  has 
been  appointed  manager  of  the  Allen. 


MOTION  PICTURE 

DAILY 


Saturday,  November  4,   1933 


ii 


Angel"  Hits 
$24,500  2nd 
Week  in  L.A. 


Los  Angeles,  Nov.  3.— "I'm  No 
Angel"  ran  away  with  the  biggest 
gross  in  this  territory  last  week,  its 
second  at  Grauman's  Chinese.  The 
gross,  $24,500,  was  more  than  $10,000 
over  normal. 

"The  Bowery,"  also  a  holdover, 
piled  up  $16,000  at  United  Artists. 
"Sweetheart  of  Sigma  Chi"  was  a 
good  draw  at  the  Los  Angeles  at 
$4,100,  and  "Saturday's  Millions"  and 
"Ann  Vickers"  were  slightly  better 
than  normal. 

Total  first  run  business  was  $114,- 
300.    Average  is  $95,400. 

Fstimated  takings  for  the  week  end- 
ing Oct.  25 : 

"I'M    NO    ANGEL"    (Para.) 

CHINESE— (2,500),  50c -$1-65,  2nd  week,  7 
days.  Sid  Grauman  prologue.  Gross:  $24,- 
500.    (Average,    $14,000.) 

"BROADWAY    TO    HOLLYWOOD" 

(M-G-M) 
LOEW'S  STATE— (2,415),  25c-40c,  7  days. 
Jimmy  Grier  and  his  orchestra,  stage  show. 
Gross:    $12,500.    (Average,   $14,000.) 

"SATURDAY'S  MILLIONS"   (Univ.) 
PARAMOUNT— (3,598),    25c-40c,    7    days. 
Georgie  Stoll  and  his  orchestra,  stage  show. 
Gross:   $18,500.     (Average,   $18,000.) 
"ANN   VICKERS"    (Radio) 
RKO— (2,700),     25c-40c,     7     days.     Gross: 
$8,100.    (Average,   $8,000.) 

"EVER    IN    MY    HEART"    (Warners) 
WARNERS   (Hollywood)— (5,000).   25c-5Sc, 
7    days.    Teddy    Joyce    and    his    orchestra, 
stage   show.    Gross:   $12,500.    (Average,  $14,- 
000.) 

"EVER    IN   MY   HEART"    (Warners) 
WARNERS   (Downtown)— (3,400),  25c-55c, 
7    days.     Max    Fisher    and    his    orchestra; 
Billy     Snyder,     ra.  c.     Stage     show.     Gross: 
$9,500.    (Average,   $12,000.) 

"RED     HEAD"     (Bregstein) 
FILM  ARTE— (890),    40c-50c,    6th    week,    7 
days.    Gross:    $1,350,    (Average,    $2,650,) 
"STRANGER'S    RETURN"    (M-G-M) 
CRITERION— (1,610),      25c-40c,      7     days. 
Stage      show,       Ooss:      $2,950,      (Average, 
$2,800, 

"SWEETHEART  OF   SIGMA  CHI" 
(Monograun) 
LOS   ANGELES— (3,000),   15c-25c,  7  days. 
Stage  show.  Gross:  $4,100,  (Average,  $3,700,) 
"SECRETS    OF    THE    BLUE    ROOM" 
(Univ.) 
"THE    LAST    TRAIL"    (Fox) 
ORPHEUM    THEATRE— (2,200),    25c-35c, 
7   days.    Ten   acts   vaudeville.    Gross:    $4,300, 
(Average,    $4,250,) 

"THE    BOWERY"    (2»th    Century) 
UNITED   ARTISTS— (2,100),   2Sc-40c,   2nd 
week,  7  days,  Sid  Grauman  prologue.  Gross: 
$16,000, 


A  New  Low 

Hollywood,  Oct.  27.— The 
usual  multiple-figured  over- 
head in  studio  wardrobe  de- 
partments hit  a  new  low  with 
the  announcement  by  Fox 
that  Wynne  Gibson's  wearing 
apparel  in  "Sleepers  East," 
amounted  to  only  $27.50.  The 
title  of  the  film  would  indi- 
cate that  the  abbreviated 
sum  might  represent  a  night 
gown. 


Tries  ^'Symphony  Week" 

Cincinnati.  Nov,  3,  —  Joe  Goetz, 
manager  of  the  RKO  Paramount,  is 
experimenting  with  a  "Silly  Sym- 
phony Week,"  during  which  he  is 
showing  at  least  one  of  the  outstand- 
ing cartoons  on  each  program.  If 
the  idea  makes  a  hit  with  the  public, 
there  is  a  possibility  that  it  may  be 
continued. 


Mid-West  Daily  Now 
Kinder  to  Pictures 

Kansas  City,  Nov,  3,  —  A  better 
break  for  first-runs  and  further  rec- 
ognition of  the  wide  reader  interest 
in  matters  celluloid  is  being  given  in 
the  Sunday  edition  of  the  Kansas  City 
Star,  one  of  the  most  conservative 
newspapers  in  the  country,  which  has 
shifted  films  to  the  front  page  of  a 
section  formerly  occupied  by  finance 
and  real  estate.  Reviews  and  motion 
picture  features,  formerly  on  an  inside 
page,  now  appear  on  page  one.  Other 
amusement  news  and  theatre  ads,  now 
filling  the  second  page  of  the  section, 
likewise  are  in  a  better  position. 


Teachers  Ask  More 
Children  Pictures 

Springfield,  Nov.  3.  —  The  Mas- 
sachusetts Parent-Teacher  Ass'n  has 
voted  to  conduct  a  campaign  to  se- 
cure pictures  of  special  interest  to 
children  and  to  have  exhibitors  label 
such  pictures  as  well  as  those  not 
suited  for  children  when  advertising 
their  programs.  Mrs.  Paul  Kelsey  of 
Brookline  was  chosen  president. 


A.  S.  C.  Active  in  South 

Tampa,  Nov.  3.  —  The  American 
Society  of  Composers,  Authors  and 
Publishers  seem  to  be  on  the  job  all 
the  time  in  this  section.  Suit  has  now 
been  entered  against  WMBR,  a  small 
radio  station  operated  by  F.  J.  and 
Irene  Reynolds,  charging  copyright 
violation,  and  asking  for  damages  of 
"not  less  than  $1,250."  The  Reynolds, 
in  their  answer,  claim  that  the  society 
maintains  a  conspiracy  in  restraint  of 
trade. 


Buffalo  Holdover, 
"Bowery,"  $7,800 

Buffalo,  Nov.  3. — "The  Bow'ery" 
demonstrated  its  staying  powers  in  a 
second  week  here  with  a  take  of 
$7,800  at  the  Hippodrome,  above  nor- 
mal by  $1,800. 

Business  was  generally  good.  "Night 
FUght"  reached  $16,200,  $1,200  up,  at 
the  Bufifalo,  helped  by  a  stage  show. 
"Turn  Back  the  Clock,"  with  a  vaude- 
ville bill,  went  to  $11,100  at  the  Great 
Lakes,  and  "S,  O.  S.  Iceberg"  was 
strong  at  $7,000  in  the  Lafayette. 

Total  first  run  business  was  $48,000. 
Normal  is  $43,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  27 : 

"NIGHT   FLIGHT"    (M-G-M) 

BUFFALO— (3,500),  30c-55c,  7  days. 
Stage:  Barto  &  Mann,  12  Aristocrats,  Bill 
Aronson,  Sunny  O'Dea,  John  Uppman. 
Gross:    $16,200,    (Average,   $15,000,) 

"I  LOVED  A  WOMAN"   (F.  N.) 

CENTURY— (3,000),    25c,    7    days.    Gross: 
$5,900,     (Average,    $6,000,) 
"TURN    BACK    THE    CLOCK"    (M-G-M) 

GREAT  LAKES— (3,000),  25c-40c,  7  days. 
Stage:  Harry  Rose,  Barnardo  De  Pace  with 
Celine  Lescar,  Tracey  &  Hay  with  Irving 
Rose,  Bud  Carlell  &  Rosa,  Joe  Morris  & 
Co.,  Four  Franks,  Kenneth  Terrell  &  Jim- 
mie  Fawcett,  Denmati  Troupe.  Gross: 
$11,100.    (Average,    $10,000.) 

'THE    BOWERY"    (20th    Century) 

HIPPODROME— (2,100),    25c-40c,    7    days, 
2nd   week.    Gross:    $7,800,    (Average,    $6,000,) 
"S.   O.   S.   ICEBERG"    (Univ.) 

LAFAYETTE— (3,300),  25c,  7  days.  Gross: 
$7,000.    (Average,    $6,500.) 


'AngeF'  Tops 
Denver  Marks 
With  $16,000 


U.  A.  Has  60  Prints 
Out  on  ''Three  Pigs'' 

With  60  prints  of  "Three  Little 
Pigs"  at  his  disposal  for  local  theatres, 
Moe  Streiner,  U.  A.  new  branch 
manager,  states  that  he  is  booked 
solid  for  the  next  few  months  on  the 
Walt  Disney  subject. 

Repeat  runs  are  coming  in  so  fast 
that  the  home  office  is  unable  to  make 
an  accurate  check  on  the  total  num- 
ber up  to  date.  In  one  instance,  it  is 
claimed  an  exhibitor  played  the  short 
20  times  and  no  repeat  run  theatre  has 
shown  it  less  than  three  times.  The 
Trans-Lux  in  New  York  has  shown 
it  eight  weeks  and  the  Old  Roxy 
seven. 

The  entire  RKO  and  Loew  circuits 
are  now  playing  the  subject  for  a 
second  time.  RKO  is  following  sub- 
sequent runs  and  Loew  is  following 
RKO. 


New  M-G-M  Series 

Hollywood,  Nov.  3.  —  The  latest 
Pete  Smith  series  for  M-G-M  will 
cram  newsreel,  short  subject,  cartoon 
and  feature  all  into  one  reel  and  will 
be  titled  "Goofy  Movies,"  with  ex- 
planatory remarks  by  Smith.  The  first 
will  feature  Ruth  Selwyn.  Jules  White 
will   direct. 


U.  A.  Exchange  Hires  4 

United  Artists  local  exchange  is 
doing  its  part  for  the  NRA,  having 
added  four  employes  within  the  last 
two  weeks.  Hired  were  two  stenog- 
raphers, one  bookkeeper  and  a  girl  in 
the  contract   department. 


There  ^s  No  Set  Routine 


Booking  of  "The  Private  Life  of  Henry  VIII"  into  RKO  houses 
ahead  of  Loew's  in  New  York  and  a  number  of  other  situations 
throughout  the  country  is  the  first  arrangement  of  its  kind  in 
some  time. 

Although  Loew's  holds  a  franchise  with  United  Artists  for 
pictures  from  all  producers  of  the  latter  company,  no  franchise 
arrangement  held  on  this  English  picture,  produced  by  Alexander 
Korda. 

When  Loew's  was  offered  the  picture,  United  Artists  was  told 
the  circuit  would  not  book  it  until  the  film  was  shown  in  several 
spots  to  ascertain  its  box-office  value. 

The  film  then  was  offered  to  the  Music  Hall.  First  inclination 
was  to  reject  it.  Then  came  acceptance  and  a  $103,000  week,  in- 
cluding tax. 

Principally  as  a  direct  result  of  the  Radio  City  engagement, 
Loew's  has  determined  to  follow  RKO  in  New  York  with  time  in 
"B"  and  "C"  houses,  but  will  date  it  first  run  in  a  number  of  out- 
of-town  theatres  not  already  booked  by  RKO. 

Korda  is  scheduled  to  produce  two  to  three  more  pictures  in 
England  which  in  all  probability  will  be  sold  on  the  same  plan  as 
"The  Private  Life  of  Henry  the  VIII." 


Denver,  Nov.  3. — At  least  two  rec- 
ords were  broken  in  Denver  recent- 
ly. Three  first  run  houses  had  hold- 
outs on  both  Saturday  and  Sunday, 
and  "I'm  No  Angel"  easily  smashed 
the  house  record,  both  for  the  week 
and  every  day,  at  the  Denham.  The 
gross  of  $16,000  was  $10,500  over 
average.  The  film  was  held  a  second 
week. 

Demand  for  reserved  seats  at  the 
first  midnight  premiere  of  "Angel" 
forced  Louis  Hellborn,  the  manager, 
to  give  another.  The  house  opened 
two  hours  earlier  than  usual  all  week 
and  on  several  nights  was  forced  to 
run  another  complete  show,  with  the 
vaudeville  included  on  these  exten- 
sions. Several  days  saw  holdouts  from 
noon  till  11  P.  M. 

"Saturday's  Millions"  played  to 
steady  strong  business  most  of  the 
week,  with  standouts  Saturday  and 
Sunday,  while  "Emperor  Jones,"  evi- 
dently made  to  order  for  the  Aladdin 
clientele,  did  a  big  business,  with  sev- 
eral holdouts. 

"Meet  the  Baron"  surprised  the- 
atre men  here,  doing  only  average  at 
the  Denver. 

Total  first  run  business  was  $45,000. 
Average  is  $30,000. 

Estimated  takings  for  the  week  end- 
ing Oct,  26 : 

"EMPEROR  JONES"   (U.  A.) 

ALADDIN— (1,500),  25c-40c-50c,  7  days. 
Gross:    $5,000.    (Average,    $3,000.) 

"I'M  NO  ANGEL"  (Para.) 

DENHAM— (1,500),  25c-30c-40c,  7  days. 
Stage  show.  Gross:  $16,000.  (Average, 
$5,500.) 

"MEET  THE   BARON"    (M-G-M) 

DENVER— (2,500),  25c-35c-50c,  7  days. 
Gross:    $6,000.    (Average,   $6,000.) 

"SATURDAY'S   MILLIONS"    (Univ.) 

ORPHEUM— (2,600),  25c-35c-40c,  7  days. 
Stage  show  with  Fred  Schmitt's  orchestra. 
Gross:    $12,500.    (Average,    $8,500.) 

"WALLS    OF   GOLD"    (Fox) 

PARAMOUNT- (2,000),  25c-40c,  7  days. 
Gross:    $2,250.    (Average,   $2,250.) 

"RACE   TRACK"    (World   Wiile) 

TABOR— (2,000),  20c-25c,  7  days.  Stage 
show.   Gross:   $3,200.    (Average,  $3,200.) 


General  Theatres  Up 
For  Hearing  Nov,  17 

Wilmington,  Nov.  3. — Creditors 
of  General  Theatres  Equipment,  Inc., 
have  been  ordered  by  Chancery 
Court  to  appear  Nov.  17  and  show 
cause,  if  any  they  have,  why  U.  S. 
Senator  Daniel  O.  Hastings  of  Wil- 
mington, receiver  for  the  corporation, 
should  not  be  authorized  to  agree  to 
a  proposed  settlement  of  controversies 
between  himself,  as  receiver,  and 
William  E.  Atkinson  and  John  S. 
Sherman,  receivers  of  Fox  Theatres 
Corp,  and  others.  Chancellor  Josiah 
O.Wolcott   set  the  date. 

Senator  Hastings'  petition  states 
that  settlement  of  the  controversies 
would  be  highly  advantageous  to  the 
corporation  for  which  he  is  receiver 
both  on  its  own  merits  and  because 
of  the  prompt  settlement  of  the  con- 
troversies involved  is  also  necessary 
before  a  reorganization  of  General 
Theatres  can  be  brought  about. 

The  proposed  settlement  provides, 
among  other  things,  that  General 
Theatres  will  transfer  and  deliver  to 
Fox  Film  Corp.  stock  in  Fox  Movie- 
tonews.  Inc.,  formerly  Fox-Hearst 
Corp.  which  General  Theatres  now 
holds,  having  received  it  from  Fox 
theatres   in    1931. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  108 


NEW  YORK,  MONDAY,  NOVEMBER  6,  1933 


TEN  CENTS 


Loew-Poli 
Thought  Near 
An  Agreement 

Three-Year  Plan  Awaits 
Court  Sanction 


New  Haven,  Nov.  S. — With  reor- 
ganization plans  for  Poli-New  Eng- 
land scheduled  to  be  approved  by  the 
court  this  week,  the  18  theatres  in 
New  England  are  expected  to  be 
turned  over  shortly  to  a  new  operat- 
ing company,  believed  to  be  Loew's, 
under  a  three-year  management  deal. 
S.  Z.  Poli,  who  recently  reacquired 
his  circuit,  is  understood  to  be  negoti- 
ating the  management  agreement 
which  is  provided  for  in  the  reorgan- 
ization  set-up. 

According  to  the  plans,  no  agree- 
ments or  contracts  can  be  made  for 
more  than  one  year  at  a  time  by  the 
{Continued  on  page  3) 


Lull  Delays  Deals 
On  Saenger  Houses 

A  lull  in  negotiations  for  reorgani- 
zation of  the  Saenger  circuit  has  de- 
veloped between  E.  V.  Richards,  oper- 
ator, and  S.  A.  Lynch,  Publix  theatre 
reorganization  head.  Lynch  has  made 
at  least  one  trip  to  New  Orleans  to 
discuss  one  plan  of  reorganization 
with  Richards,  and  the  latter  has 
been  here  on  two  occasions  with 
alternate  proposals.  Neither  has 
accepted  the  other's  overtures  to  date. 
A  period  of  silence  which  followed 
Richards'  last  proposal  has  lengthened 
into  weeks  now  and  may  have  to  be 
forcibly  broken  in  the  near  future. 


Closings  Abroad  Up 
In  Conference  Here 

Foreign  managers  of  all  companies 
will  meet  at  the  Hays  office  this  week 
to  discuss  probable  closing  of  branch 
offices  in  Denmark  and  Czechoslo- 
vakia. Date  of  the  meeting  has  not 
been  definitely  scheduled,  but  may  be 
held  either  today  or  Wednesday. 

New  quota  restrictions  in  Czecho- 
(Continued  on  page  3) 


East  Vs.  West 

Milwaukee,  Nov.  5.  —  At- 
tempting to  crash  in  on  the 
current  curvacious  rage,  the 
Gayety,  local  burlesque  house, 
matched  local  run  of  "I'm  No 
Angel"  and  Mae  West  with 
Mae  East— a  fan  dancer. 


Code  Details  to  White 
House  Early  This  Week 


Johnson  on  Rosenblatt 


Washington,  Nov.  5. — Administrator  Hugh  S.  Johnson's  statement 
follows : 

"(1)  Upon  receipt  of  the  code  of  fair  competition  for  the  motion  picture 
industry  from  the  deputy  administrator  I  was  advised  by  a  certain  group  of 
exhibitors  that  they  desired  a  hearing  and  an  investigation  in  respect  of  the 
conduct  of  the  deputy  administrator  in  the  formulation  of  said  code,  and  in 
respect  of  the  provisions  thereof. 

"(2)  I  personally  heard  this  group  and  referred  the  whole  matter  to  W.  R. 
Lea,  assistant  administrator  for  industry,  who  accorded  the  requested  hearing 
and  carefully  investigated  the  representation  of  this  group. 

"(3)  I  have  received  Mr.  Lea's  report  and  discussed  it  at  length  with  him 
and  I  find  that  the  charges  made  against  the  deputy  administrator  are  wholly 
without  foundation,  and  that  the  complaints  made  with  respect  to  the  code 
are  based  principally  upon  fear  and  suspicion  that  just  decisions  may  not  be 
made  by  the  administrative  boards  set  up  in  the  code,  and,  further,  that  others 
of  the  complaints  could  not  be  taken  care  of  in  the  code  without  the  invasion 
of  legal  rights. 

"(4)  This  code,  as  stated  in  the  report  of  the  deputy  administrator,  will 
require  most  careful  supervision  and  such  supervision  the  administrator 
proposes  to  exercise  over  all  of  its  operations  at  all  times." 


Right  to  Buy 
In  the  Code, 
Says  O'Reilly 


Although   there  is  no  clause   in  the 
third   draft   of   the   proposed   industry 
code  on  the  right  to  buy,   Charles  L. 
O'Reilly,  president  of  the  T.O.C.C,  a 
persistent   advocate   of   the   issue,    de- 
clared   on    Saturday    he    believed    the 
nuich-discussed  issue  is  met  by  an  in- 
terpretation which  he  pTaces  on   Part 
2,    Section    5,   dealing   with   grievance 
boards.     That   section  provides  : 
"Each    Distributor    shall    have 
the    right    to    license    all    or    any 
number  of  the  motion  pictures  dis- 
tributed  by   such    Distributor   for 
exhibition     at     theatres     affiliated 
with     such    Distributor,    and    no 
Local  Grievance  Board  shall  have 

(Continued  on  page  3) 


Expect  More  Delay 
In  Anti-Trust  Suit 

Trial  of  the  anti-trust  suit  brought 
by  the  Department  of  Justice  against 
Warners,   as   a   result   of  the  acquisi- 
tion of  First  National,  scheduled  for 
{Continued  on  page  3) 


Federation  to 
Await  Actual 
Code  Working 


The  Federation  of  the  M.  P.  Indus- 
try is  not  pressing  an  active  cam- 
paign of  opposition  to  the  code,  leading 
members  of  the  organization  said  Sat- 
urday. 

Jacob  Schechter.  counsel  for  the  or- 
ganization, has  made  a  request  for  a 
conference  with  Colonel  W.  Robert 
Lea,  executive  assistant  to  Adminis- 
trator Hugh  S.  Johnson,  but  has  been 
prevented  from  fulfilling  an  engage- 
ment by  legal  affairs  which  have  kept 
him  in  Kentucky  and  Indiana  a  greater 
part  of  the  time  recently. 

No  disposition  to  press  opposition 
to  the  code  was  evidenced  among  Fed- 
(Continucd  on  page  3) 


Receivership  Aimed 
At  Sennett  Halted 

Hollywood,  Nov.  S. — U.  S.  District 
Judge  James  has  granted  a  temporary 
injunction  halting  further  action  at 
this  time  in  the  effort  to  have  a  re- 
ceiver in  equity  appointed  for  Mack 
{Continued  on  page  3) 


Salary    Penalty    Clause 

Vexatious — Johnson 

Clears  Deputy 

Washington,  Nov.  5. — Details  of 
the  film  code  will  be  discussed  by 
President  Roosevelt  early  this  week 
with  Deputy  Administrator  Sol  A. 
Rosenblatt  and  Administrator  Hugh 
S.  Johnson's  executive  assistant.  Col- 
onel W.  Robert  Lea. 

It  is  expected  that  on  Monday  or 
Tuesday  the  two  Recovery  Adminis- 
tration officials  will  go  to  the  White 
House  to  lay  before  the  President 
a  full  report  of  the  negotiations  which 
led  up  to  the  code  as  it  now  stands. 

This  step  was  decided  upon  Satur- 
day by  Johnson,  following  a  confer- 
ence with  Rosenblatt.  So  far  as  can 
be  learned,  the  code  as  it  goes  to  the 
White  House  this  .week  will  be  word 
for  word  that  submitted  to  Johnson 
on  Oct.  29. 

Full  exoneration  of  Rosenblatt  of 
all  charges  against  his  handling  of  the 
code  was  issued  Saturday  by  Johnson 
in  a  formal  statement. 

Complaints  jnade  by  independent 
exhibitors  against  the  code,  the  ad- 
ministrator declared,  "are  based  prin- 
cipally  uix)n    fear   and   suspicion   that 

(Continued  on  page  3) 


Myers  Denies  Being 
Told  Code  Settled 

.Abram  F.  Myers,  Allied  States  gen- 
eral counsel,  told  Motion  Picture 
Daily  by  telephone  from  Washington 
Saturday  that  "Colonel  W.  Robert 
Lea  did  not  tell  me  that  no  changes 

'  {Continued  on  page  3) 

Allied  Organizing 
New  Illinois  Unit 

Chicago.  Nov.  5.— Allied  Theatres 
of  Illinois  has  authorized  formation  of 
a  sub-unit  of  the  organization  among 
down-state   exhibitors.     E.    E.   Alger, 

(Continued  on  page  3) 


The  NRA? 

The  Capitol  currently  is 
presenting  not  one,  but  23 
fan  dancers  at  one  and  the 
same   time. 

NRA  stuff? 


The  dancing  numbers  are  peppy,  tuneful— with 
BIG  NEW  MUSICAL  IDEAS! 


MAX 
BAER 

THE  SCREEN'S 
NEW  "IT"  man! 


4 


BOX-OFFICE 
MEASUREMENTS! 

"Max  Baer  destined  to  go  places 
on  the  screen."         -m.  p.  herald 

"Just  as  Mae  West  flamed  across  the 
screen,  so  looms  the  new  personality, 
Max  Baer."  -m.  p.  daily 

"Baer  a  surprise.  Wins  an  easy 
decision ! "    —  Hollywood  reporter 

"A  body  that  will  set  the  femme 
fans  on  edge."  -coast  variety 


/ 


SHOWMEN! 

"PRIZEFIGHTER  AND 
THE  LADY"  has  been 
previewed  East  and  West. 
It  comes  to  your  screen 
with  more  sensational  ad- 
vance attention  than  any 
picture  in  years.  Thou- 
sands of  Exhibitors  have 
contracted  for  it  already 
and  therefore  the  sole  pur- 
pose of  this  advertisement 
is  to  urge  you  to  GET  BE- 
HIND IT!  M-G-M  has  pre- 
pared a  SPECTACULAR 
brand  of  Showmanship 
for  a  SPECTACULAR 
pictur  d]oyfullypresentedby 

M-G-M 

10*^  ChamDionshiD  Year  HiH 


NOW  ffs 
A  THRILL 

for  the 

LADIES! 

Okay,  boys,  you  got  an 
eyeful  of  MAE  WEST- 
and  now  it's  the  ladies' 
turn  to  get  excited 

MEET  MAX  BAER! 

^         |»    The  New 
'^  "IT"  MAN 
of  the  Screen! 


^^ 


%"» 


r^' 


Such  a  film  treat  comes  once 
in  a  blue  moon!  Exciting 
from  start  to  finish!  Because 
it'sgotalove  story  thatyou'll 
love!  Because  it's  got  the  first 
ring  battle  between  Primo 
Camera  and  Max  Baer! 
Because    it's    so   romantic! 

WHEN  HE 
CRUSHES  HER 
IN  HIS  ARMS- 

every  soul 
in  the 
audience 
will  feel 
the  thrill 
of  it! 


/J 


^^' 


> 


•  WAX  B^^^^tRA 

•  JACK  Dtl^^^K.u'** 

IPTBO.fiOl  nWYN.M  AYM  MITI  ■ 

Size  —  230  lines  x  2   Columns 


Ck 

MORKIS 

KING 


LH- 


NIGHT 


I 

I 


DO  GOOD  BUSINESS'' 


—  Soys  Daily  Variety 


II 


Powerful  scenes  and  emotional 
wallops,  with  sincere  direction 
and  good  performances,''  says 
Daily  Variety  .  .  .  "SET  TO  DO 
GOOD  BUSINESS  GENERALLY, 
WITH  SPECIAL  APPEAL  TO  THE 
FAMILY  TRADE." 


With  Alice  White,  John  Miljan, 
George  E.Stone, Grant  Mitchell, 
George  Meeker,  Warren  Hymer. 
Directed  by  Kurt  Neumann. 
Produced  by  Carl  Laemmie,  Jr. 
Story  by  William  Anthony 
McGuire.  Presented  by  Carl 
Laemmle.  Another  winner  from 


UNIVERSAL 


TWE  LYETRE  E  S 


ou  ve  never  seen 
THIS  HEPBURN! 

ELECTRIC 

in    ''Morning     Glory 

D  Y  N  A  M  I  C 

in  "A  Bill  of  Divorcement" 
.  .  .  and    now,  the 

VERY  SOUL  OF 
ROMANCE 

in  America's  best-loved  love  sfory 
that  brings  a  new  enchantment  of 
sheer  loveliness  to  glorify  the  screenl 


Wf  DO  OVR  PART 


Directed  by  George  Cukor  . 


ri\,t  owes 

w 

MERIAN    C.  COOPER,  Executive  Producer  . 


Kenneth  Macgowan,  Associate  Producer 


axin^e 


LITT 


H6PBURN 

in   Louisa  M.  Alcotf's 


W/f/j  JOAN  BENNETT,  PAUL  LUKAS,  FRANCES 
DEE,  JEAN  PARKER,  EDNA  MAY  OLIVER, 

Douglass  Montgomery      •     Henry  Stephenson 


10 


MOTION  PICTURE 

DAILY 


Monday,  November  6,   1933 


Guinan  Pulls 
$14,000  Take 
Into  Seattle 


Seattle,  Nov.  5. — Texas  Guinan 
and  her  "Century  of  Whoopee"  revue 
on  the  stage  and  "Ladies  Must  Love" 
on  the  screen  at  the  Roxy  left  all 
competition  in  the  background.  At 
slightly  advanced  prices,  the  take  was 
about  $14,000,  or  more  than  double  the 
average  of  $6,500.  "The  Bowery"  at 
the  Blue  Mouse  continued  to  play  to 
good  business  in  its  second  week,  and 
was  held  over  as  a  result.  At  the 
Fifth  Avenue,  "Too  Much  Harmony" 
was  good  for  an  average  $7,000. 

"Berkeley  Square"  at  the  Paramount 
played  for  nine  days  for  a  take  about 
$1,000  over  the  average.  The  Metro- 
politan, in  its  first  week  as  a  first 
run  with  stage  presentations,  failed 
to  register  big  business,  with  "Fare- 
well to  Love"  as  the  screen  feature. 
Total  first  run  business  was  $50,000. 
Average  is  $42,000. 

Estimated  takings  for  the  week  end- 
ing Oct.  28: 

"THE  BOWERY"   (U.  A.) 

BLUE  MOUSE— (950),  25c -35c -40c -55c,  7 
days,  2nd  week.  Gross:  $4,500.  (Average, 
first   week,   $4,000.) 

"TOO    MUCH    HARMONY"    (Para.) 

FIFTH  AVEI^UE^(2,450),  25c-35c-40c-55c, 
7   days.    Gross:    $7,000.    ($7,000.) 
"THE    CONSTANT    WOMAN"    (W.    W.) 

LIBERTY— (1,800),     10c-15c-25c,     7     days. 
Gross:    $3,750.    (Average,    $4,000.) 
"FAREWELL  TO   LOVE"    (SUte   Rights) 

METROPOLITAN— (1,300),    2Gc-30c-40c,    7 
days.      Mischa      Guterson     and     orchestra. 
Stage  prologue.   Gross:   $3,5(X). 
"BROADWAY  THROUGH  A  KEYHOLE" 
(U.   A.) 

MUSIC     BOX— (950),     25c-35c-40c-55c,     7 
days.    Gross:    $3,750.    (Average,    $4,000.) 
"THREE    CORNERED    MOON"    (Para.) 

ORPHEUM— (2,500),  25c-35c-40c-55c,  7 
days.  Vaudeville  headed  by  Will  Aubrey. 
Gross:    $6,500.    (Average,    $7,000.) 

"BERKELEY    SQUARE"    (Fox) 

PARAMOUNT— (3,050),  25c-35c-40c-55c,  9 
days.  Gross:  $7,000.  (Average,  7  days, 
$6,000.) 

"LADIES    MUST   LOVE"    (Univ.) 

ROXY— (2,275),  25c-35c-50c-75c,  7  days. 
Texas  Guinan  and  "Century  of  Whoopee" 
Revue  on  stage.  Gross:  $14,000.  (Average, 
$6,500.) 


Gehring  Made  Cincy 
Variety  Club  Head 

Cincinnati,  Nov.  S.^William  C. 
("Bill")  Gehring,  Fox  manager,  was 
recently  elected  president  of  the 
Variety  Club  of  Cincinnati,  organized 
three  weeks  ago  as  Chapter  No.  4. 

Other  officers  are :  Marc  Wolf, 
manager  Paramount,  Hamilton,  first 
vice-president;  Manny  Shure,  man- 
ager RKO  Palace,  Cincinnati,  second 
vice-president ;  Joe  Kolling,  Variety 
representative,  secretary,  and  Abe 
Lipp,  RKO  attorney,  treasurer. 

Directors :  Ike  Libson,  Stanley  C. 
Jacques,  Maurice  White  and  Ed. 
Mayer. 


Seattle  Union  Row  Ends 

Seattle,  Nov.  S. — Jensen  &  Von 
Herberg  have  just  settled  their  differ- 
ences with  the  unions.  Union  oper- 
ators, stagehands  and  musicians  are 
now  employed  in  the  Roxy,  Liberty, 
Venetian,  Bagdad  and  Ballard  Roxy 
in  this  city,  and  the  Roxy  in  Tacoma. 

Credit  for  bringing  the  theatre 
heads  together  with  the  unions  is 
being  given  to  Texas  Guinan,  whose 
"Century  of  Whoopee"  revue  appeared 
at  the  Roxy  here.  It  is  said  she 
would  not  appear  unless  the  house 
was  unionized. 


Stage  Shows 
Aid  Takes  in 
1  Win  Cities 


Minne.ilPolis,  Nov.  5.  —  Stage 
shows  boosted  "Solitaire  Man"  and 
"Ace  of  Aces"  to  leading  box-office 
receipts  in  Minneapolis. 

In  St.  Paul  "Penthouse"  and  "The 
Power  and  the  Glory"  divided  gross 
honors. 

The  five  theatres  in  each  city  totaled 
$1,000  above  the  averages,  grossing 
$18,200  in  Minneapolis  and  $16,000  in 
St.  Paul. 

Estimated  takings: 

Minneapolis : 

Week  Ending  Oct.  26: 

"THE  POWER  AND  THE  GLORY"  (Fox) 

CENTURY— (1,640),  25c-40c,  7  days. 
Gross:    $3,500.    (Average.   $3,500.) 

"GOLDEN  HARVEST"  (Para.) 

LYRIC— (1,238),  20c-25c,  7  days.  Gross: 
$1,500.    (Average,    $1,500.) 

Week  Ending  Oct.  27: 

"ACE  OF  ACES"   (Radio) 

RKO  ORPHEUM— (2,900).  20c-40c,  7  days. 
Stage:  "Strike  Me  Pink."  Gross:  $6,000. 
(Average,   $5,500.) 

"THE   SOLITAIRE  MAN"    (M-G-M) 

STATE— (2,300),  25c-40c,  7  days.  Stage: 
"Crazy  Ouilt."  Gross:  $6,000.  (Average, 
$5,500.) 

"F.   P.   I."   (Fox) 

WORLD— (400),  25c-7Sc,  7  days.  Gross: 
$1,200.    (Average,    $1,200.) 

St.  Paul: 
Week  Ending  Oct.  26: 

"PENTHOUSE"    (M-G-M) 

PARAMOUNT— (2,300),    25c-40c,    7    days. 
Gross:    $5,500.    (Average,   $5,000.) 
"THE  POWER  AND  THE  GLORY"  (Fox) 
RIVIERA— (1,200),  25c-40c,  7  days.   Gross: 
$4,000.    (Average,    $3,500.) 

"ACE  OF  ACES"  (Radio) 
RKO  ORPHEUM— (2,600).  20c-40c,  7  days. 
Gross:    $4,000.    (Average.    $4,000.) 
"LOVE,    HONOR    AND    OH,    BABY" 

(Univ.) 
TOWER— (1,000),    15c-25c,   4  days.   Gross: 
$900 

'  "THE  MIND  READER"  (F.  N.) 
TOWER— (1,000),    15c-25c,   3   days.   Gross: 
$600.    (Average.   $1,500.) 

"THE  GOOD  COMPANIONS"  (Fox) 
WORLD— (300),     25c-75c,      7     days,     2nd 
week.     Gross:  $1,000. 


"Chan"  Fair  Draw, 
$2,000,  Portland 

Portland,  Nov.  5. — "Charlie  Chan's 
Greatest  Chance"  was  the  only  attrac- 
tion in  town  last  week  to  make  any 
noise  at  the  box-office,  and  that  was 
only  a  murmur.  The  take  of  $2,000 
was  $200  over  normal. 

"Flaming  Gold,"  "Bombshell"  and 
"Broadway  Thru  a  Keyhole"  were 
just  normal  draws. 

Total  first  run  business  was  $19,300. 
Average  is  $19,600. 

Estimated  takings  for  the  week  end- 
ing Oct.  28: 

"ANN   VICKERS"    (Radio) 

HAMRICK'S  MUSIC  BOX— (2,000),  25c- 
35c-4nc,  7  days.  Gross:  $2,900.  (Average, 
$3  (XX)  ) 

"FLAMING  GOLD"  (Radio) 
HAMRICK'S  ORIENTAL  —  (2,040),  2Sc- 
3.5c.    7   days.     Gross:   $2,000.      (Average,   $2,- 
000.) 

"BOMBSHELL"    (M-G-M) 
BROADWAY-(1.912),  25c-35c-40c,  7  days. 
Gross:    $6,000.      (Average.    $6,000.) 
"BROADWAY   THRU   A   KEYHOLE" 

(U.  A.) 
UNITED    ARTISTS— (94.5),   25c-35c-40c,   7 
davs.     Gross:   $5,000.      (Average.   $5,000.) 
"CHARLIE  CHAN'S   GREATEST  CASE" 
(Fox) 
LIBERTY— (1.800),    2Sc-35c-40c-,    7    days. 
Vaudeville.      Gross:    $2,000.      (Average,    $1,- 
800.) 

"THE    13th    GUEST" 
HAMRICK'S  PLAYHOUSE-(1,600),  2.5c- 
35c-40c,    Jess   Stafford    and    Paramount    Re- 
cording    Band.      Gross     $1,400.       (Average, 
$1,800.) 


Versatile 

Buffalo,  Nov.  5. — A.  Charles 
Hayman,  operator  of  the 
Lafayette,  has  been  in  the 
picture  business  since  1900 — 
long  before  it  was  an  indus- 
try. Hayman  has  been  camera- 
man, director,  actor,  projec- 
tionist, exchange  operator 
and  exhibitor.  His  reminis- 
cences of  the  early  days  are 
varied. 


"Angel"  Sets 
Frisco  Record 
With  $40,000 


San  Francisco,  Nov.  5. — They 
stood  in  line  for  Mae  West  here  all 
last  week — morning,  matinee  and  even 
all  night  on  Saturday.  As  a  result, 
"I'm  No  Angel"  grossed  a  very  fancy 
$40,000  at  the  Paramount,  smashing 
the  all-time  house  record  held  by 
"The  Champ,"  which  had  registered 
$36,500.  It  goes  another  week,  with 
another  all-night  Saturday  show 
already  played.  The  picture  may  be 
moved  into  the  Embassy,  another 
Market  street  house,  for  a  third 
stanza. 

"Night  Flight"  at  the  Warfield  did 
exceedingly  well  with  $23,000,  $4,000 
over  average,  while  the  United  Artists 
held  up  in  its  third  week  of  "The 
Bowery"  at  $12,000. 

Total  first  run  business  was  $127,- 
500.  Average  is  $104,000. 

Estimated   takings : 

Week   Ending   Oct.   24: 

"ANN    VICKERS"    (Radio) 

GOLDEN  GATE— (2,800),  25c-35c-45c-65c, 
7  days.  Stage,  vaudeville.  Gross:  $10,500. 
(Average.  $13,000.) 

Week    Ending   Oct.   26: 
"MOONLIGHT  AND  PRETZELS"  (Univ.) 

EL  CAPITAN— (2,900),  10c-35c-40c,  7  days. 
Stage,  band.  Gross:  $8,000.  (Average,  $9,000.) 
"BOMBSHELL"  (M-G-M) 
EMBASSY— (1,380),    30c-40c-50c,    7    days. 
Gross:  $4,500.   (Average,  $8,000.) 
"DELUGE"   (Radio) 
ORPHEUM— (3,000),    15c-35c-40c,    7    days. 
Rube  Wolf  band,  girls,  stage.  Gross:  $10,000. 
(Average.   $10,000.) 

"NIGHT  FLIGHT"   (M-G-M) 
WARFIELD— (2,700),  25c-35c-55c-65c-90c,  7 
days.  Stage,  band.  Gross:  $23,000.   (Average, 
$19  (KX)  ) 

"DANCE,    GIRL,    DANCE"     (Chesterfield) 
FOX— (4,600).      10c-15c-25c-35c,      6      days. 
Stage.   Fio-Rito  band.  Gross:  $7,000.   (Aver- 
age, $9,000.) 

Week   Endina   Oct.   27: 
"EMPEROR    jdNES"    (U.A.) 
COLUMBIA— (1.200),  SOc- 75c -$1.50.  Two-a- 
day.  Gross:  $7,000.   (Average.  $7,000.) 
"I'M  NO  ANGEL"  (Para.) 
PARAMOUNT— (2,670),    25c-35c-55c-7Sc,    7 
days.  Gross:  $40,000,   (Average.  $15,000.) 
"SOLITAIRE  MAN"   (M-G-M) 
"TILLIE  AND  GUS"   (Para.) 
ST.  FRANCnS— (1.450),  25c-40c-50c,  7  days. 
Gross:   $5,500.    (Average.   $6,000.) 

"THE  BOWERY"  (U.A.) 
UNITED'  ARTIST.S— (2.700),  25c-40c-50c,  7 
days.   Gross:    $12,000.    (Average,  $8,000.) 


Dix  on  Last  for  Radio 

Hollywood,  Nov.  S. — Richard  Dix's 
last  picture  under  his  present  con- 
tract with  Radio  will  be  Damon  Run- 
yan's  original,  "All  Scarlet,"  a  race 
track  story. 


Mississippi  Taxes  Rise 

Jackson,  Miss.,  Nov.  5. — Theatri- 
cal admission  tax  returns  are  keeping 
step  with  the  sales  climb,  the  totals 
show,  hitting  $20,568,  compared  to 
$13,946  a  month  ago. 


Angel"  Gets 
$12,300  4th 
Detroit  Week 


Detroit,  Nov.  5. — "I'm  No  Angel" 
closed  its  fourth  week  here  with  a 
take  of  $12,300,  still  above  the  nor- 
mal take  at  the  State  by  $300. 

"After  Tonight"  was  up  to  $11,400 
at  the  RKO  Downtown,  "Walls  of 
Gold"  reached  $15,200  at  the  Fox. 
"Broadway  Thru  a  Keyhole"  took 
$9,100  at  the  United  Artists.  Average 
for  this  house  is  $12,000. 

Total  first  run  business  was  $74,400. 
Average  is  $77,000. 

Estimated  takings  for  the  week 
ending  Nov.  2: 

"AFTER  TONIGHT"   (Radio) 
DOWNTOWN— (2,750),     25c-50c,     7    days. 
Stage:   Duncan  Sisters.  Gross:  $11,400.   (Av- 
erage,  $10,000.) 

"BOMBSHELL"   (M-G-M) 
FISHER— (2,975),   25c-40c,   7   days.    Flayed 
the   Michigan   previous   week.   Gross:   $8,300 
(Average,  $10,000.) 

"WALLS    OF   GOLD"    (Fox) 
FOX— (5,100),  25c-50c,  7  days.  Stage;  Lil- 
lian   Roth,     Georgie    Price,     Bill    Aaronson. 
Gross:  $15,200.   (Average,  $15,000.) 

"NIGHT  FLIGHT"   (M-G-M) 

MICHIGAN— (4,100),      25c-50c,      7      dayv 

Stage:      Barto     &      Mann.      Sue      Hastings 

Marionettes.       Gross:       $18,100.       (Average, 

$20,000.) 

"BROADWAY   THRU   A   KEYHOLE" 

(20th  Century) 
UNITED     ARTISTS— (2,070),     25c-50c,     7 
days.  Gross:  $9,100.   (Average,  $12,000.) 
"I'M  NO  ANGEL"   (Para.) 
STATE— (3,000),  25c-50c,  7  days,  4th  week. 
Gross:    $12,300.    (Average,   $12,000.) 


"Weakness"  $9,000 
Draw  in  Des  Moines 

Des  Moines,  Nov.  5. — Des  Moines 
grosses  continued  to  grow  in  the  last 
week,  hitting  an  all-time  depression 
high  of  $32,000  for  the  five  first  runs, 
due  to  unusually  good  pictures  and  a 
stage   show. 

The  Paramount  set  itself  a  record 
for  recent  years  with  a  $9,000  take 
on  "My  Weakness"  and  Jay  C. 
Flippen  and  his  "World's  Fair  Fol- 
lies," which  included  a  fan  dance  by 
Elinor  Ames.  The  Des  Moines 
wasn't  far  behind  with  $8,500  on  "The 
Bowery." 

"I'm  No  Angel,"  moved  from  the 
Des  Moines  to  the  Strand,  continued 
to  draw  on  its  holdover,  taking  $5,000 
for  its  second  week.  "Tugboat 
Annie,"  called  back  to  the  Garden, 
took  $4,000.  The  Orpheum  did  $1,000 
better  than  average  on  the  twin  bill, 
"Obey  the  Law"  and  "Aggie  Appleby." 
Maker  of  Men." 

Total  first  run  business  was  $32,000. 
Average  is  $24,500. 

Estimated  takings  for  the  week  end- 
ing Oct.  29: 

"MY    WEAKNESS"     (Fox) 

Paramount— (2,300),     10c-35c-50c,    7    days. 
Stage:  Jay  C.   Flippen's  "World's  Fair  Fol- 
lies."   Gross:    $9,000.       (Average,    $7,000.) 
"THE  BOWERY"   (U.  A.) 

DES    MOINES    —    (2,200)    10c-35c-50c,    7 
days.        Gross:    $8,500.        (Average,    $6,000.) 
"OBEY    THE    LAW"    (Col.) 
"AGGIE   APPLEBY"    (Radio) 

ORPHEUM— (2.200).    10c-25c-35c,    7    days. 
Gross:    $5,500.        (Average.    $4,500.) 
"I'M    NO    ANGEL"    (Para.) 

STRAND— (1,900),  10c-25c-35c.  7  days. 
Gross:    $5,000.        (Average,    $3,500.) 

"TUGBOAT  ANNIE"  (M-G-M) 

GARDEN-(1,300),  10c-25c-3Sc,  7  days. 
Gross:   $4,000.      (Average,   $3,000.) 


Switch  Harding  Title 

Hollywood,  Nov.  5. — Final  title  of 
the  Radio  picture,  "Beautiful,"  which 
features  Ann  Harding,  will  be  "Right 
to  Romance." 


Monday,  November  6,    1933 


MOTION  PICTURE 

DAILY 


11 


"BombsheU," 
At  $50,000, 
Chicago  Top 


Chicago,  Nov.  5. — "BombsheU"  was 
something  short  of  a  big  bertha  at  the 
Chicago  last  week,  but  it  made  quite  a 
noise  at  the  Chicago  with  a  $50,000 
take,  $15,400  over  normal.  The  Mills 
Brothers  headed  the  stage  show. 

"I'm  No  Angel"  was  a  strong  third 
week  draw  at  the  Oriental,  going 
$7,000  over  average  for  a  |30,000  take. 
"Ace  of  Aces"  was  good  for  $25,500  at 
the  Palace. 

Total  first  run  business  was  $141,- 
300.    Average  is  $120,600. 

Estimated  takings : 

Week  Ending  Oct.  24: 

"I'M  NO  ANGEL"   (Para.) 

ORIENTAI^(3,940),  30c-40c-60c,  3rd 
week,  7  days.  Gross:  $30,000.  (Average, 
$23,000.) 

"THE   BOWERY"    (U.   A.) 

UNITED  ARTISTS— (1,700),  30c-40c-60c, 
2nd  week,  7  days.  Gross:  $15,000.  (Average, 
$17,000.) 

Week  Ending  Oct.  26: 

"BOMBSHELL"    (M-G-M) 

CHICAGO— (4,000),     35c-50c-68c,     7     days. 
Stage:     Mills    Bros.,     Block     &    Sully    and 
others.    Gross:  $50,000.  (Average,  $34,600.) 
"ACE  OF  ACES"   (Radio) 

PALACE— (2,509),  35c-50c-75c,  7  days. 
Stage:  Phil  Baker,  Baby  Rose-Marie,  Harry 
&  Frank  Seaman,  Bernice  Stone.  Gross: 
$25,500.    (Average,   $22,000.) 

Week  Ending  Oct.  27: 
"STAGE  MOTHER"   (M-G-M) 

McVICKERS— (2,284),  30c-40c-60c,  7  days. 
Gross:    $11,000.    (Average,    $13,000.) 

"SATURDAY'S    MILLIONS"    (Univ.) 

ROOSEVELT— (1,591),  25c-35c-50c,  7  days. 
Gross:   $9,800.   (Average,  $11,000.) 


"Angel"  Piles  Up 
$11,000,  Oklahoma 

Oklahoma  City,  Nov.  5. — The 
Criterion  management  dug  up  and 
dusted  ofT  the  SRO  sign  for  "I'm  No 
Angel."  The  picture  grossed  $11,000, 
which  is  $6,000  above  average,  and 
the  best  business  the  Criterion  has  seen 
this  year. 

Even  though  the  Mae  West  picture 
was  stiff  competition,  the  other  houses 
held  their  grosses  up  to  par.  The 
Capitol  took  average  money  on  "Tillie 
and  Gus,"  doing  $3,000.  Hitting  par, 
the  Liberty  got  $3,000  on  "Love, 
Honor  and  Oh,  Baby"  and  "Walls  of 
Gold."  "Midshipman  Jack"  brought 
$600  to  the  suburban  Victoria. 

Total  first  run  business  was  $17,600. 
Average  is  $11,700. 

Estimated  takings  for  the  week  end- 
ing Oct.  28: 

"I'M    NO    ANGEL"    (Para.) 

CRITERION— (1,700),     10c-20c-26c-36c-41c- 
56c,  7  days.  Gross:  $11,000.  (Average,  $5,000.) 
"TILLIE    AND    GUS"    (Para.) 

CAPITOL— (1,200),  10c-20c-26c-36c-41c,  7 
days.    Gross:    $3,000.    (Average,   $3,000.) 

"LOVE   HONOR   AND    OH,    BABY" 
(Univ.) 

LIBERTY— (1,500),  10c-15c-26c-36c,  4  days. 
Gross:    $1,700.    (Average    week,    $3,000.) 
"WALLS    OF    GOLD"    (Fox) 

LIBERTY— (1.500),  10c-15c-26c-36c,  3  days. 
Gross:    $1,300.    (Average   week,   $3,000.) 
"MIDSHIPMAN   JACK"    (Radio) 

VICTORIA— (800),   10c-15c-20c-26c,  4  days. 
(Average   week,   $1,200.) 


Gross: 


Huffman,  Marco  Partner 

Denvek,  Nov.  5. — Marco  Wolfif  of 
Fanchon  &  Marco  is  in  partnership 
with  three  Denver  men  in  the  com- 
pany that  has  the  Orpheum  under 
lease.  Others  in  the  Welton  Theatres 
Corp.  are  Harry  Huffman  and  John 
H.  Tracy  and  Frazier  Arnold,  local 
attorneys. 


Manhattan,  Kan.,  Nov.  5.— Exhibitor  Sam  Sosna  had  solved 
the  problem  of  art  robberies  at  his  Varsity  Theatre.  It  seems 
the  young  bucks  at  the  Kansas  State  Agricultural  College  have 
a  penchant  for  stills  and  other  advertising  of  chorines  in  musical 
pictures  which  they  use  as  decorations  in  fraternity  houses. 

Usually,  Sosna  gives  the  paper  away  when  the  run  of  the  pic- 
ture is  ended.  But  when  he  played  "42nd  Street"  the  embryo 
agrarians  failed  to  resist  the  temptation  and  cut  displays  out  of 
Sosna's   theatre   front. 

So  Sosna  rigged  up  a  sort  of  Bugs  Baer  contraption  whereby 
a  siren  sounds  whenever  anyone  tampers  with  the  displays.  It 
went  oflf  early  one  morning,  and  the  constabulary  caught  a  culprit 
red-handed  using  a  knife  on  the  theatre's  works  of  art.  The 
student  was  freed  after  a  fatherly  lecture  by  the  exhibitor. 


K.  C,  Suburbans  Get 
Union  Demands  Soon 

Kansas  City,  Nov.  5. — While  not 
exactly  anticipating  trouble,  Kansas 
City  suburban  theatres  are  preparing 
for  new  contract  demands  by  the 
I.A.T.S.E.  operators'  local  by  start- 
ing to  map  a  course  of  action.  With 
current  contracts  expiring  Nov.  30, 
negotiations  with  the  union  are  ex- 
pected to  start  soon,  and  the  Inde- 
pendent Theatre  Owners  are  planning 
a  "war  chest,"  to  be  used  in  event 
in  a  fight.  The  union  granted  one-man- 
in-a-booth  operation  several  months 
ago. 

Influence  of  labor  provisions  in  the 
film  code  on  the  local  situation  was 
discussed  at  the  last  meeting  of  the 
I.T.O.  Decision  on  this  and  other 
code  matters  has  been  deferred  be- 
cause of  the  present  uncertain  status 
of  code  provisions.  A  representative 
in  Washington  is  keeping  the  local 
organization  apprised  of  developments 
by  long-distance  telephone. 


Start  Eastman  Memorial 

Rochester,  Nov.  5.  —  Work  has 
been  begun  on  a  memorial  to  George 
Eastman,  founder  and  until  his  death 
in  1932  head  of  the  Eastman  Kodak 
Co.  on  the  front  lawn  of  Kodak  Park 
here. 

The  memorial  will  be  in  the  shape 
of  a  sunken  garden,  with  a  monument 
in  the  middle,  in  which  Eastman's 
ashes  will  be  placed.  Carved  allegori- 
cal figures  on  the  memorial  will  rep- 
resent aspiration  and  chemistry.  New 
roads  are  being  laid  to  and  from  the 
site   for  use  of  the  public. 


3  Secretaries  Now  Write 

Hollywood,  Nov.  5.  —  Paramount 
has  promoted  three  studio  secretaries 
to  the  writing  staff.  They  are  Elean- 
or McGeary,  Josef  von  Sternberg's 
secretary,  who  has  been  assigned  to 
write  continuity  for  "Scarlet  Page- 
ant ;"  Mary  Flannery,  formerly  in  the 
employ  of  Marion  Gering,  is  now 
working  on  the  continuity  for  "The 
Thundering  Herd ;"  Jane  Storm,  re- 
cently with  Viola  Brothers  Shore, 
who  is  busy  on  the  continuity  for 
"Miss   Fane's   Baby   Is   Stolen." 


Fischer  Buys  Fountain 

Cleveland,  Nov.  5. — Meyer  Fischer 
and  associates  have  purchased  the 
Fountain,  long  closed,  as  the  third 
link  in  their  newly  formed  theatre 
circuit.  RCA  Photophone  will  be  in- 
stalled and  the  theatre  will  be  reno- 
vated. Paul  Appel  has  been  appointed 
manager. 


New  Zealand  Wants 
British  Rejections 

Wellington  (N.  Z.),  Nov.  5. — Ex- 
hibitors here  sent  a  deputation  to  the 
Minister  of  Internal  Affairs  to  point 
out  that  rejection  rights  covering  Brit- 
ish films  are  now  just  as  necessary  as 
they  were  presumed  to  be  in  respect 
to  American  films  some  years  ago. 

As  far  as  the  quantity  of  British 
films  is  concerned,  it  was  said,  quota 
devices  have  become  superfluous  be- 
cause exhibitors  are  showing  volun- 
tarily more  than  they  are  required  to 
show  under  the  quota  law.  Rejection 
rights,  however,  are  in  the  interests  of 
quality,  the  deputation  declared.  It  is 
suggested  that  the  percentage  of  re- 
jections should  vary  according  to  the 
censor's  classification  of  films  into 
"adult"  and  "universal"  grades,  and 
that  a  higher  percentage  should  be 
given  over  "A"  certified  films  than 
over  "U."  For  the  former,  30  per  cent 
is  asked,  and  for  the  latter  20  per  cent. 

To  Study  Medical  Films 

Baltimore,  Nov.  5. — Herman  G. 
Weinberg,  managing  director  of  the 
Little  Theatre,  has  been  commis- 
sioned by  the  International  Review  of 
Cinematography  to  make  a  survey  of 
the  film  in  medicine.  The  first  of  a 
series  is  called  "X-Ray  Cinematog- 
raphy." 

The  second  of  the  series  now  in 
preparation  is  titled  "The  Film  as  a 
Factor  in  Medicine"  and  will  deal 
with  the  distribution  of  propaganda 
to   the   layman   concerning   childbirth. 


Abe  Halle  to  Pittsburgh 

Pittsburgh,  No.  5.— Abe  Halle, 
former  manager  of  the  Winter  Garden 
in  New  York,  has  been  named  man- 
ager of  the  Harris-Tarentum,  where 
he  succeeds  Jack  Williams,  resigned. 
He  took  over  his  new  duties  this  week. 

Another  Warner  managerial  ap- 
pointment in  the  Pittsburgh  zone  is 
that  of  Frederick  Thomas,  late  of  the 
eastern  circuit,  to  the  Enright. 


First.  Div.  Finishes  6 

Hollywood,  Nov.  5.— First  Di- 
vision has  finished  6  of  its  Ches- 
terfield, Invincible  and  Allied  releases. 
They  are :  "One  Year  Later,"  "Dance, 
Girl,  Dance,"  "I  Have  Lived,"  "By 
Appointment  Only,"  "Picture  Brides" 
and  "Notorious  But  Nice." 


Royster  to  Columbia 

Kansas  City,  Nov.  5.— L.  E. 
Royster,  Fox  salesman  in  southwestern 
Kansas,  has  joined  Columbia  here  to 
cover  the  same  territory.  Charles 
Knickerbocker  succeeds  Royster. 


Seattle  for 
Stage  Shows, 
Gross  Proves 


Seattle,  Nov.  5. — Capacity  houses 
greeted  the  return  of  stage  shows  to 
a  first  run  here,  after  more  than  six 
months  without  them,  when  the  Or- 
pheum theatre  reopened.  The  house 
is  operated  by  the  Apex  Orpheum 
Co.,  headed  by  Oscar  S.  Oldknow. 

Harry  D.  McBride,  former  F.W.C. 
city  manager  in  Spokane,  is  manager. 
Ernest  Rose,  formerly  at  the  Fox  in 
Spokane,  is  assistant.  Advertising 
and  publicity  is  being  handled  by 
Harold  B.  Shaffer.  Matinees  are  25 
cents  and  evening  scales  of  40  cents 
prevail,  with  10  acts  of  vaudeville 
and  a  first  run  featured. 


New  Orleans,  Nov.  5. — Prospects 
for  an  early  return  of  vaudeville  here 
seem  revote.  Since  the  walkout  of 
musicians  and  stage  hands  at  the  Or- 
pheum and  Loew's  State  these  houses 
have  depended  entirely  on  film  and 
have  done  fairly  well.  The  Orpheum 
is  using  double  bills,  while  Loew's 
State  is  filling  out  the  program  with 
newsreels  and  shorts. 

The  St.  Charles  operates  twin  bills 
about  twice  a  month,  while  the  Tudor, 
Globe  and  Saenger  concentrate  on 
high  class  first  runs.  The  Liberty  and 
Lyceum,  subsequent  runs,  are  showing 
duals  at  15  cents  top. 

New  Orleans  is  believed  to  be  the 
only  city  in  the  country  with  a  popu- 
lation over  450,000  in  which  there  are 
no  stage  shows. 


Cleveland,  Nov.  5. — Keith's  East 
105th  St.,  closed  all  summer,  has 
reopened  with  a  combination  policy 
of  vaudefilms  the  last  half  of  the 
week  and  straight  pictures  the  first 
half. 


Davis,  Pittsburgh, 
Shifted  to  2nd  Run 

Pittsburgh,  Nov.  5.  —  Tightened 
up  on  product,  due  to  their  failure  to 
get  together  on  a  deal  with  Fox  this 
season,  Warners  are  sending  the 
Davis,  1,700-seat  downtown  house,  to 
a  second  run  policy.  There  will  be 
one  change  weekly. 

The  first  picture  under  the  new 
policy  will  be  Paramount's  "Too 
Much  Harmony,"  and  as  closely  as 
possible  the  Davis  will  follow  a  day- 
and-date  policy  with  the  Enright  in 
East  Liberty.  Two  other  Warner 
houses,  the  Warner  Downtown  and  the 
Sheridan  Square  in  East  Liberty,  are 
now  playing  product  day-and-date,  but 
under  a  first  run  policy. 


Ban  Rochester  Free  Beer 

Rochester,  Nov.  5.  —  Free  beer 
served  in  the  lobby  of  Loew's  Roches- 
ter as  a  publicity  stunt  for  "The 
Bowery,"  was  banned  when  James 
P.  B.  Duffy,  member  of  the  New 
York  State  Alcoholic  Beverage  Con- 
trol Board,  ordered  the  lobby  bar  re- 
moved. 


Start  Retakes  on  "Rio*' 

Hollywood,  Nov.  5. — Radio's  "Fly- 
ing Down  to  Rio"  has  gone  back  far 
retakes  and  process  shots,  having  been 
in  the  cutting  room  for  a  week. 


12 


MOTION  PICTURE 

DAILY 


Monday,  November  6,   1933 


West  Opus  Is 
Denver's  Top 
In  2nd  Week 


Denver,  Nov.  S. — "I'm  No  Angel" 
continued  to  top  the  town,  even  in  its 
second  week,  and  stood  them  up  on 
the  last  two  days  of  the  run.  Consist- 
ent daily  holdouts  were  the  rule.  The 
take  was  $13,000.  The  day  and  date 
engagement  of  "Broadway  Thru  a 
Keyhole"  at  the  Aladdin  and  Denver 
turned  in  a  nice  gross  at  the  former, 
but  proved  a  disappointment  at  the 
latter,  part  of  the  reason  being  the 
dime  difference  in  price.  Pulled  at 
both  houses  after  six  days. 

"The  Kennel  Murder  Case"  did  ex- 
ceptionally well  at  the  Orpheum.  It 
was  pulled  after  six  days  to  give  the 
house  a  regular  Friday  opening,  in- 
stead of  Saturday.  "Love,  Honor  and 
Oh,  Baby"  boosted  the  Paramount 
over  last  week,  but  not  much,  the 
house  still  being  below  normal. 

First  run  business  was  $36,000. 
Average  is  $27,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  2 : 

"BROADWAY  THRU  A  KEYHOLE" 
(U.  A.) 

AL.ADDIN— (1,500),  25c-40c-50c,  6  days. 
Gross:  $3,500.     (Average,  $3,000.) 

"I'M   NO   ANGEL"   (Para.) 

DEXHAM— (1,500),  25c-30c-40c,  7  days. 
Gross:   $13,000.      (Average,   $6,000.) 

"BROADWAY  THRU  A  KEYHOLE" 
(U.  A.) 

DENVER— (2,500),  25c-35c-50c,  6  days. 
Gross:   $4,500.     (Average,   $6,000.) 

"THE   KENNEL  MURDER  CASE" 
(Warners) 

ORPHEUM— (2,600),    25c-35c-40c,   6   days. 
Stage     show.      Gross:     $11,000.       (Average, 
$9  000  ) 
"LOVE,  HONOR  AND  OH,  BABY"  (Univ.) 

PARAMOUNT— (2.000),  25c-40c,  7  days. 
Gross:   $2,500.     (Average,  $3,500.) 


New  Color  Cartoon 
Series  Ready  Soon 

Celebrity  Productions,  headed  by  P. 
A.  Powers,  has  a  new  series  of  musi- 
cal cartoons  in  color,  based  on  fairy 
tales  and  folk  lore,  which  is  to  be 
released  soon. 

The  series  is  called  "ComiColor 
Cartoons."  The  first  subject  is  "Jack 
and  the  Beanstalk."  Others  to  follow 
are :  "The  Brave  Tin  Soldier,"  "Sin- 
bad  the  Sailor,"  "Puss  in  Boots," 
"Cinderella,"  "The  Three  Bears," 
"Jack  the  Giant  Killer,"  "Tom 
Thumb,"  "Aladdin,"  "Snow  White," 
"Hansel  and  Gretel,"  "The  Bremen 
Town  Musicians,"  "The  Little  Red 
Hen,"  "The  Snow  Queen,"  "The  Ugly 
Duckling,"  "The  Golden  Goose," 
"Dick  Whittington's  Cat"  and  "The 
Little  Mermaid." 


To  Teach  Pictures 

In  Some  States 

Washington,  Nov.  5. — Teaching  of 
motion  picture  appreciation  is  to  be 
undertaken  in  representative  high 
schools  in  several  states  as  a  result  of 
a  conference  between  Dr.  George  F. 
Zook,  U.  S.  Commissioner  of  Educa- 
tion, and  representatives  of  a  number 
of  educational  organizations  and  state 
departments  of   education. 

The  schools  will  use  Dr.  Edgar 
Dale's  book,  "How  To  Appreciate 
Motion  Pictures,"  as  a  text  in  the 
planned  experiment  to  educate  boys 
and  girls  better  in  motion  picture 
appreciation. 


Revived  Stage 
Show  Piles  Up 
Big  K.C.  Take 


Kansas  City,  Nov,  5. — With  its 
first  stage  show  following  three  weeks 
of  straight  film  fare,  the  RKO  Main- 
street  experienced  a  rebound  that  sent 
the  take  to  $21,000,  triple  the  average 
for  films  only.  The  stage  bill,  titled 
"Midway  Nights,"  was  built  from  acts 
at  the  World's  Fair  and  featured  a 
fan  dancer  and  a  "Nudity  in  Gold" 
number.  "Ace  of  Aces"  was  the  screen 
attraction. 

Mae  West  continued  a  potent  draw 
in  her  second  week  at  the  Newman. 
Grossing  $10,000  in  eight  days  against 
an  average  $6,800,  "I'm  No  Angel" 
was  the  top  picture  of  the  week. 
"Meet  the  Baron"  fell  $1,000  below 
par  at  the  Midland,  while  "Saturday's 
Millions,"  on  the  Uptown's  bill, 
grossed  slightly  better  than  normal. 

Total  first  run  business  was  |43,300. 
Average  is  $33,800. 

Estinated  takings : 

Week  Ending  Oct.  26: 

"I'M   NO  ANGEL"   (Para.) 

NEWMAN— (1,800),  25c-40c,  8  days,  2nd 
week,  plus  Saturday  midnight  show.  Gross: 
$10,000.     (Average   for  8  days,  $6,800.) 

Week  Ending  Oct.  27: 
"ACE  OF   ACES"   (Raxlio) 

MAINSTREET— (3,049),  25c-35c-50c,  8 
days,  phis  Saturday  midnight  show.  Stage: 
"Midway  Nights"  revue,  featuring-  Rosaha 
and  her  fan  dance,  Streets  of  Paris,  Mona 
r.eshe's  ".Nudity  in  Gold."  Gross:  $21,000. 
(Average  for  combination  show,  8  days, 
$14,000.) 

"MEET  THE  BARON"  (M-G-M) 

MIDLAND— (4,000),  25c,  7  days,  plus  Sat- 
urday midnight  show.  Gross:  $9,000.  (Av- 
erage, $10,000.) 

"SATURDAY'S  MILLIONS"  (Univ.) 

UPTOWN— (2,000),  25c-40c,  7  days.  Gross: 
$3,.10O.     (Average,  $3,000.) 


Providence  Dull; 
"Keyhole"  Is  Top 

Providence,  Nov.  5. — Theatres  here 
suffered  a  relapse  last  week  for  no 
apparent  reason  and  even  the  widely- 
publicized  "Broadway  Thru  a  Key- 
hole" failed  to  do  much  business,  pull- 
ing in  only  $10,500  at  Loew's,  more 
than  $1,000  under  par.  Fay's  hit  an 
average  $7,000  with  "The  Mad  Game" 
and  a  good  stage  show,  but  the  Para- 
mount, Majestic  and  RKO  Albee  w-ere 
away  off  in  their  intakes. 

Total  grosses  for  the  week  were 
$34,000.     Average  business  is  $43,500. 

E.stimated  takings  for  the  week  end- 
ing Nov.  2: 

"THE  MAD  GAME"  (Fox) 

FAY'.S— (1,600),  15c-40c,  7  days.  Stage; 
Dorothy  Martin  Company  Revue.  Gross: 
$7,000.      (Average,   $7,000.) 

"BROADWAY  THRU  A  KEYHOLE" 
(U.  A.) 

LOEW'S  STATE— (3.800).  15c-40c,  7  days. 
Stage:  Weaver  Brothers  and  Hillbillies. 
Gross:   $10,500.      (Average,   $12,000.) 

"BUREAU    OF   MISSING   PERSONS" 
(Warners) 

"WORST  WOMAN  IN  PARIS"  (Fox) 

MAJESTIC  — (2,400),  15c-40c,  7  days. 
Gross:  $5,500.     (Average,  $7,000.) 

"TILLIE  AND  GUS"  (Para.) 
"A  MAN  OF  SENTIMENT"  (Chesterfield) 
PARAMOUNT— (2.300),    1.5c-40c,    f>    days. 
Gross:  $4,000.     (Average,  $6,500.) 

"AGGIE  APPLEBY"   (Radio) 

"HER  SPLENDID  FOLLY"   (Allied) 

RKO    ALBEE— (2,300),    15c-40c,    7    days. 

Stage:    Lillian    Shade    and    Revue.      Gross: 

$6,000.     (Average,  $10,000.) 

"MIDSHIPMAN   JACK"    (Radio) 
"HER  SPLENDID  FOLLY"   (Allied) 
RKO  VICTORY— (1,600),   10c-25c,  4  days. 
Gross:   $1,000.      (Average,   $1,000.) 


B'lvay  S how-Window 

ASTOR  —  "Dinner  at  Eight" 
(M-G-M) — reviewed    Aug.    29. 

Cameo — "Eat  'Em  Alive"  (Auten) 
— reviewed   today. 

Capitol  —  ''Day  of  Reckoning" 
(M-G-M) — reviewed  today. 

Hollywood — "The  World  Changes" 
(F.N.) — reviewed   Oct.   26. 

Mayfair — "Sweetheart  of  Sigma  Chi" 
(Monogram) — opening  Wednesday. 

Palace — "Berkeley    Square"    (Fox) 

discussed    in    The    Pay-Off   July    5. 

Paramount  —  "I'm  No  Angel" 
(Para.) — reviewed    Oct.    S. 

Radio  City  Music  Hall — "After 
Tonight"   (Radio) — reviewed  Oct.  26. 

RiALTO — "Kennel  Murder  Case" 
(Warners) — reviewed   Oct.   27. 

RIVOLI — "Broadway  Thru  A  Key- 
hole" (20th  Century) — reviewed 
Nov.    2. 

RKO  ROXY  —  "Berkeley  Square" 
(Fox) — starting    Tuesday. 

Ro.XY — "My  Lips  Betray"  (Fox) 
— reviewed   July   12. 

Strand  —  "Female"  (F.N.) — re- 
viewed Nov.  3. 


Fox  Signs  24  Girls 
To  7 -Year  Contracts 

Hollywood,  Nov.  5. — Fox  has 
signed  a  group  of  24  girls  to  seven- 
year  contracts  with  options  with  a 
view  to  training  them  for  featured 
roles.  The  girls  will  be  trained  under 
the  direction  of  William  Watson  and 
will  appear  before  the  camera  first 
as  chorus  girls  in  "Fox  Movietone 
Follies"  and  "George  White's  Scan- 
dals." 

The  girls  are  Marbeth  Wright, 
Georgia  Spence,  Kathryn  Barnes, 
Zelda  Webber,  Patricia  Farr,  Anita 
Thompson,  Lucille  Miller,  Dorothy 
Dearing,  Shirley  Aaronson,  Bonnie 
Browning,  Lee  Bailey,  Nadine  Dore, 
Helen  Lehigh,  Iris  Shunn,  Geneva 
Sawyer,  Lynn  Bari,  Patricia  Lee, 
Marian  Weldon,  Edith  Haskins, 
Ardell  Unger,  Esther  Brodelet  and 
Edna  Callaghan. 


Independents  Fight 
Duals  in  St,  Louis 

St.  Louis,  Nov.  5. — Independent 
operators  are  disturbed  over  the  new 
policy  of  the  F.  &  M.  St.  Louis  and 
have  protested  to  the  national  exhibi- 
tor organizations.  Shift  in  the  single 
feature  to  duals  with  a  reduction  in 
admissions  at  the  St.  Louis  are  bring- 
ing charges  of  unfair  competition  from 
the  independents. 

Exhibitors  are  understood  to  have 
threatened  exchanges  they  will  not 
play  film  booked  into  the  St.  Louis, 
or,  if  they  are  forced  to  live  up  to 
contracts,  will  ask  substantial  reduc- 
tions in  rentals.  Independents  plan  to 
drop  admissions  to  a  new  low  in 
rebuttal. 


S.  &  C.  Adds  Two 

Springer  &  Cocalis  has  added  two 
local  theatres  to  the  circuit,  making 
a  total  of  38.  Newest  acquisitions  are 
the  uncompleted  600-seat  house  at 
103rd  St.  and  Columbus  Ave.  and  the 
Mayfair,  West  New  York,  N.  J.  The 
Columbus  Ave.  house  will  open  next 
month. 


Fox  Casts  French  Girl 

Hollywood,  Nov.  5. — After  a  year's 
search  for  an  emotional  actress  Fox 
has  picked  Ketti  Gallian,  recently 
signed  in  France  by  Winfield  Sheehan, 
for  the  leading  role  in  "Marie 
Gallante." 


Hollywood 
Personals 


Hollywood,  Nov.  5. 
Dorothy    Gray   has  been  assigned 
the    featured    girl    part    in    "As    The 
Earth    Turns,"    which    Al    Green    is 
directing   for   Warners. 

Frederick  Vogeding,  Marc  Lobell 
and  Perry  Ivans  will  warble  Hun- 
garian in  "Seven  Lives  Were 
Changed"    (Fox). 

Douglas  Scott,  member  of  the 
"Mickey  McGuire"  unit,  has  been 
loaned  to  M-G-M  for  "Overland 
Bus." 

James  Gleason  and  Robejrt  Arm- 
strong will  be  reunited  in  "The 
Search    For    Beauty"    (Paramount). 

Mary  Brian  has  been  re-engaged 
by  Columbia  to  play  opposite  Bruce 
Cabot    in    "The    Criminal    Within." 

JoYZELLE,  popular  local  dancer,  will 
trip  the  light  fantastic  in  "Girl  With- 
out a  Room"  (Rogers- Paramount). 

Richard  Cromwell  has  been 
signed  for  a  prominent  role  in  "House 
of   Connolly"    (Columbia). 

Richard  Quine,  13-year-old  actor, 
has  been  engaged  for  "Counsellor  at 
Law"    (Universal). 

Harry  Woods  goes  into  "Scarlet 
Pageant,"  featuring  Marlene  Dietrich 
(Paramount). 

Reginald  Owen  has  been  signed 
for  an  important  role  in  "Mandalay" 
(Warners). 

Joe  E.  Brown's  next  for  First  Na- 
tional will  be  "A  Very  Honorable 
Guy." 

Geneva  Mitchell  and  Halliwell 
HoBBs  cast  in  "I  Am  Suzanne" 
(Fox). 

Bruce  Cabot  will  have  the  juvenile 
lead     in     "The     Criminal     Within" 

(Fox). 

Georgia  Caine,  stage  star,  has 
joined  the  cast  of  "I  Am  Suzanne" 
(Fox). 

S.  S.  Van  Dine's  "The  Dragon 
Murder  Case"  has  been  bought  by 
Warners. 

Carol  Vines  and  Margaret  Near- 
ing  go  into  "Roamin'  Through  the 
Roses''    (Columbia). 

William  Frawley  cast  in  "Miss 
Fane's  Baby  Is  Stolen"  (Paramount). 

Boswell  Sisters  added  to  the  cast 
of  "Moulin  Rouge"   (20th  Century). 

Wallace  Clark  has  been  ticketed 
for  "Once  Over  Lightly"  (Radio). 

Suzanne  Kaaren's  first  picture 
will  be  "Sleepers  East"  (Fox). 

Una  O'Connor  will  be  featured  in 
"Orient  Express."   (Fox.) 

Glenda  Farrell  goes  into  "Heat 
Lightning"   (Warners). 

Therese  Wittler  grabs  a  part  in 
"Trigger"  (Radio). 


\ 


The  Leading 

Daily 

Newspaper 

of  the 

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Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  109 


NEW  YORK,  WEDNESDAY,  NOVEMBER  8,  1933 


TEN  CENTS 


lATSE  Using 
NRA  Schedule 
In  K.  C.  Area 


Get  Back  20%  Wage  Cuts 
Made  Last  Spring 

Kansas  City,  Nov.  7.  —  Without 
waiting  for  the  industry  code  to  go 
into  effect,  lATSE  stage  hands  are 
carrying  out  code  provisions  by  limit- 
ing the  working  week  to  40  hours  and 
spreading  the  work.  This  is  in  force 
at  the  reopened  Shubert  and  will  be 
instituted  at  film  houses  where  stage 
hands  are  employed. 

On  the  union's  basis  of  a  seven- 
hour  day  and  49-hour  week,  unem- 
ployed stage  hands  will  thus  benefit 
by  at  least  nine  hours'  work  weekly, 
according  to  Felix  Snow,  business 
agent  and  regional  representative. 

Downtown  first  runs  have  agreed  to 
restore  a  20  per  cent  cut  taken  by 
stage  hands  last  spring,  when  salaries 
were   sliced  from  $67.15   to  $53.70  a 

(Continued  on   pane  6) 


Hold  Soviet 
Recognition 
No  Film  Aid 


Officials  Say  Soviet  Set- 
Up  Bars  U.  S.  Type 


"Applesauce"— Roxy 

"It's  a  lot  of  applesauce," 
is  the  way  S.  L.  (Roxy) 
Rothafel  termed  reports  Mon- 
day which  had  him  resigning 
from  his  Music  Hall  post  on 
Dec.  16. 


Midland  and  Loew 
Suit  Is  Postponed 

Kansas  City,  Nov.  7.  —  Trial  of 
the  Midland  Investment  Co.  suit  in- 
volving the  partnership  dispute  be- 
tween Kansas  City  stockholders  and 
Loew's,  Inc.,  was  continued  by  Judge 
Ben  Terte  in  Circuit  Court  Monday 
to  Dec.  1  and  2.  Attorneys  for  M.  B. 
Shanberg,  Herbert  M.  Woolf  and  F. 
H.  Reis,  the  plaintiffs,  sought  to  be- 
gin the  hearing  on  a  petition  for  a 
temporary  receivership  when  Senator 
James  A.  Reed,  Loew's  local  counsel, 
(Continued  on  page  6) 


Washington,  Nov.  7.  —  Officials 
here  see  little  probability  that  the  Rus- 
sian market  for  American  films  will  be 
widened  even  should  America  resume 
relations  with  Russia  as  a  result  of 
impending  conferences  between  Presi- 
dent Roosevelt  and  Maxim  Litvinov, 
Soviet  Commissar  of  Foreign  Affairs, 
who  arrived  in  Washington  today  in 
the  interests  of  Soviet  recognition. 

The  officials  pointed  out  that  Rus- 
sian foreign  trade  is  a  government 
monopoly  and  that  Soviet  imports  have 
for  years  been  limited  to  raw  mate- 
rials and  machinery  for  Russian  fac- 
tories. In  addition,  it  was  said,  the 
type  of  picture  allowed  Russian  aud- 
iences is  rigidly  restricted  by  the  gov- 
ernment and  the  average  American 
film  would  have  little  chance  of  pass- 
ing  the   Soviet   censorship. 


Court  Approval  Is 
Given  on  Poll  Deal 

New  Haven,  Nov.  7. — Reorganiza- 
tion plans  for  Poli-New  England  have 
been  approved  by  the  U.    S.   District 
Court  and  it  will  be  a  matter  of  a  few 
(Continued  on  pane  6) 


Take  Poll  Nov.  15 

New  Haven,  Nov.  7.  —  Re- 
ports here  have  Loew's  tak- 
ing over  operation  of  the  18 
Poli  -  New  England  theatres 
on  Nov.  15.  It  is  understood 
Loew's  will  pay  $10,000  a 
week  rent  for  the  entire 
group. 


Appeals  Court  to 
Get  Publix  Briefs 

Two  of  the  largest  Paramount  Pub- 
lix creditors'  protective  committees 
sought  leave  on  Monday  and  were 
authorized  to  file  briefs  in  support  of 
the  Paramount  trustees  on  Dec.  4 
when  U.  S.  Circuit  Court  of  Appeals 
is  scheduled  to  hear  an  action  for  the 
removal    of   the   trustees,    brought   by 

(Continued  on  page  4) 


Friedman  Declares 
No  Rifts  at  M-G'M 

Leopold  Friedman,  returning  yes- 
terday with  Nicholas  M.  Schenck 
from  a  trip  to  the  M-G-M  studios  in 
Culver  City,  branded  reports  concern- 
ing rifts  between  M-G-M  and  Walter 

(Continued  on  page  4) 


Allied  Sees 
"Safeguards" 
In  the  Code 


Washington,  Nov.  7. — Allied,  in 
a  bulletin  to  members,  states  the  code, 
when  approved,  "will  contain  safe- 
guards against  the  invasion  of  the 
legal  rights  of  the  exhibitors  under 
existing   laws    and   decrees." 

The  statement  is  a  result  of  con- 
ferences with  Gen.  Hugh  S.  Johnson 
and  Col.  W.  R.  Lea,  executive  as- 
sistant to  Johnson,  and  is  signed  by 
Abram  F.  Myers,  Sidney  E.  Samuel- 
son  and  Col.  H.  A.  Cole. 

"They  furthermore  believe,"  it  goes 

(Continued  on  page  4) 


Sheehan  Back  With 
Titles  Unchanged 

Hollywood,  Nov.  7. — Contrary  to 
common  report  that  Winfield  Sheehan 
has  returned  to  Fox  as  an  associate 
producer,  the  latest  official  personnel 
list  issued  by  the  studio  continues  him 
at  the  head  of  the  list  in  the  capacity 

(Continued  on  page  4) 


Publix  Will  Retain 
Houses  in  Arizona 

Trustees  for  Paramount  Publix 
have  turned  down  a  deal  made  by 
F.  &  M.  for  the  purchase  of  eight 
Publix-Rickards-Nace  houses  in  Tuc- 

(Continued  on   page  4) 


Further  Halt 
In  Code;  Lea 
Seeking  Data 

Lacks    Conviction    Over 
"Certain  Clauses" 


Seat  Slashing  Follows 

Bad  Films  in  Argentine 


If  the  temperamental  Latin  theatre- 
goers of  Buenos  Aires  don't  like  a 
feature  picture  they  show  their  dis- 
pleasure not  by  leaving  the  theatre  or 
demanding  their  money  back,  but  by 
whipping  out  knives  and  making  a 
jig-saw  puzzle  of  seat  upholstery  and, 
by  way  of  emphasis,  tossing  any  re- 


movable fixture  at  any  breakable 
object,  preferably  a  mirror,  while  on 
their  way  out. 

This  behooves  a  distributor  serving 
the  Argentine  to  press  the  sale  of  only 
his  better  product,  said  Guy  Morgan, 
United    Artists    representative    in   the 

(Continued  on   page  4) 


Washington,  Nov.  7. — The  road 
of  the  code  is  a  hard  one.  Apparently 
all  set  to  go  before  the  President 
early  this  week,  tonight  Col.  W.  R. 
Lea,  acting  administrator  in  the  ab- 
sence of  Gen.  Hugh  S.  Johnson,  in- 
dicated nothing  of  the  sort  would 
happen  until  he  was  convinced  of  the 
soundness  of  a  number  of  clauses, 
nature  not  divulged.  It  is  understood 
there  are  many  points  on  which  he 
wants   to   assure   himself. 

It  is  entirely  probable,  therefore, 
that  the  code  will  remain  in  the  De- 
partment of  Commerce  Building  until 
the  return  of  General  Johnson  to 
Washington  in  about  10  days.  About 
that  time  the  President  is  expected 
to  be  at  Warm  Springs,  Ga.,  thereby 
making  extremely  remote  the  impres- 
sion current  earlier  today  that  the 
code  would  become  operative  by 
Nov.    20. 

Colonel  Lea's  attitude  is  quite  a 
mystery.  The  impression  has  been 
definite  that  the  code  as  seen  by  Gen- 
eral   Johnson    prior    to   his    departure 

(Continued  on   page  4) 


Schaefer  Brands  as 
Lies  Cohen  Reports 

"Reports  from  whatever  the  source 
that  Emanuel  Cohen  would  be  replaced 
as  head  of  production  at  Paramount 
are  malicious  and  a  lie,"  declared 
George  J.  Schaefer  yesterday. 


Hollywood,  Nov.  7. — Emanuel  Co- 
hen's return  from  New  York  has  been 
(Continued  on  page  4) 


Warner  Anti-Trust 
Suit  Off  to  Dec,  4. 

Trial  of  the  Department  of  Justice 
anti-trust  suit  against  Warners,  sched- 
uled for  Monday,  was  postponed  to 
Dec.  4,  thereby  strengthening  indica- 
tions that  the  government  would  not 
press  trial  of  the  suit  in  view  of  im- 
pending application  of  the  film  code 
(.Continued  on  page  4) 


Strand,  Milwaukee, 
Lifts  Warner  to  24 

I'^urther  solidifying  its  circuit  in 
Wisconsin,  Warners  have  taken  over 
the  Strand,  Milwaukee,  making  a  to- 
tal of  24  houses  in  the  state  with  21 
now  active.  Dave  Weshner,  zone 
(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Wednesday,  November  8,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


\  ol.   34 


November  8.   1933 


No.   109 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 


^>^\  PUBLISHED  daily,  except  Sunday 
/  J|J  and  holidays,  by  Motion  Picture 
^«l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour     des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign: 
$15.      Single    copies:     10    cents. 


Catholic  Bishops 
Ask  Better  Films 

Hollywood,  Nov.  7. — One  hundred 
and  twenty-six  bishops,  representing 
102  Roman  Catholic  dioceses  in  Amer- 
ica, convening  in  Washington  on  Nov. 
15  and  16,  propose  to  take  steps  to 
elevate  the  moral  tone  of  the  screen. 
Bishop  Cantwell  of  the  local  diocese 
in  a  personal  interview  asserted 
32,000,000  Catholics  would  heed  the 
church's  recommendation  for  purified 
films. 

The  prelate  declared  church  heads 
are  not  seeking  to  run  the  business, 
but  feel  they  have  a  certain  obliga- 
tion to  perform  in  the  community  and 
assume  the  right  to  set  up  a  system 
of  checking  immoral  pictures.  He 
added  that  but  50  immoral  films  out 
of  a  total  yearly  output  of  500  would 
be  sufficient  to  corrupt  a  community. 
The  bishops,  he  said,  want  to  prevent 
this,  warning  that  producers  deter- 
mined to  fight  against  a  standard  of 
good  morals  would  suffer  diminished 
business  from  those  of  Catholic  faith. 


Clark,  Wobber  Returning 

John  D.  Clark,  general  sales  tnan- 
ager  for  Fox,  and  Herman  Wobber, 
who  is  in  charge  of  the  Kent  Drive, 
return  either  tomorrow  or  Friday 
from  a  tour  of  Fox  western  ex- 
changes. 


Sam  Morris  Coming 

.Sam  Morris,  Warners'  foreign  man- 
ager, returns  tomorrow  on  the  Rex 
after  a  si.x  weeks'  inspection  tour  of 
the  company's  offices  in  1-ondon, 
Rome,  Barcelona,  Paris  and  Amster- 
dam. 


Mantell  to  Argentine 

O.  B.  Mantell,  who  has  just  re- 
signed as  supervisor  for  Columbia  in 
Latin  America,  is  en  route  to  Argen- 
tina to  produce  a  number  of  Spanish 
talkers  on  his  own. 


fimmm 


r^  LIPPED  and  pasted  from  the  editorial  columns  of  the  powerful  Chi- 
^^   cago  Tributie : 

"Too  many  pictures  are  put  forth  with  no  sense  of  responsibility 
to  the  public.  They  are  obviously  the  products  of  a  low  grade 
mentality  and  an  even  lower  grade  morality  and  they  constitute  a 
demoralizing  influence  wherever  they  are  shown.  We  have  no  faith 
in  official  censorship,  which,  in  this  respect,  as  elsewhere,  ignores  the 
worst  offenses  and  the  most  demoralizing  tendencies,  while  harping 
on  errors  of  less  moment  and  easier  correction.  But  certainly  more 
attention  should  be  directed  to  the  general  character  and  tendencies 
of  many  pictures  which  pervert  logic  and  reality  and  spread  false 
and  demoralizing  conceptions  of  life.  When  this  phase  of  the  popu- 
lar film  is  given  due  attention  a  pressure  of  opinion  may  be  expected 
which  is  the  only  effectual  censorship." 

This  is  the  story,  complete  and  well  put.   It  is  difficult  to  imagine  that 
there  will  be  any  denials.  KANN 


Elmer  Pearson  Joins 
Herman  A,  DeVry  Co. 

Elmer  Pearson,  for  years  vice-presi- 
dent and  general  manager  of  Pathe 
Exchange,  Inc.,  has  joined  Herman 
A.  DeVry,  Inc.,  of  Chicago  as  general 
manager. 

New  DeVry  developments  which 
will  engage  Pearson's  immediate  at- 
tention are  a  "straight  feed"  portable 
and  a  new  camera,  for  double  and  sin- 
gle, as  well   as   bi-pack  recording. 


RKO  Men  Traveling 

Hollywood,  Nov.  7. — Merian  C. 
Cooper  returns  to  the  RKO  plant  this 
week  for  one  day  and  then  leaves  for 
New  York. 

Pandro  Berman,  associate  producer, 
is  slated  for  an  early  European  trip. 
This  will  leave  B.  B.  Kahane  in 
charge  of  production. 

H.  N.  Swanson  has  signed  a  new 
long-term  contract  as  an  associate 
producer. 


Meyer  Gets  2  Features 

Phil  E.  Meyer,  president  of  General 
Pictures  Exchange,  has  acquired 
"Hell  on  Earth"  from  Aeolian  Pic- 
tures and  "The  Film  Parade"  from 
J.    Stuart    Blackton. 


Texas  Guinan  Rites 
Are  to  Be  Held  Here 

Vancouver,  Nov.  7. — Texas  Gui- 
nan's  funeral  is  to  be  held  at  St.  Mal- 
achy's  Church,  New  York.  Tommy 
Guinan,  her  brother,  left  here  today 
en  route  to  New  York  via  Chicago. 
According  to  present  plans,  she  will 
lie  in  state  in  both  Chicago  and  New 
York. 


Winchell  on  Way  South 

Richmond,  Nov.  7. — Walter  Win- 
chell was  in  Richmond  the  other 
night,  but  he  was  not  feeling  chipper 
and,  consequently,  later  shoved  off  to 
Florida  "to  get  some  sunshine,  be- 
cause my  nerves  have  got  me  again." 

Winchell  said  he  would  "travel 
around  somewhere,  either  continuing 
in  the  car  or  taking  an  early  train.  I 
tried  to  stick  it  out  in  New  York, 
but  it  was  no  go,"  he  said. 

"The  column  will  be  kept  up,  all 
right,"  he  said.  "The  same  fellow 
who  wrote  it  the  last  time  I  went 
away  will  keep  it  up — Paul  Yawitz." 


''Invisible  Man"  to  Roxy 

Irving  Lesser  has  booked  "The  In- 
visible Man,"  Universal  picture,  into 
the    Old    Roxy    starting    Nov.    17. 


All  Issues  Show  a  Decline 

High  Low  Close 

Consolidated    Fihn    Industries 3  3  3 

Consolidated    Film    Industries,   pfd 9^  9>^  9'A 

Eastman    Kodak    72}4  72  72 

Eastman    Kodak,   pfd 12754  127^4  127^4 

Loew's,    Inc 28!^  2S'A  285^ 

Paramount,    cts IJi  15i  l-K 

Pathe    Exchange    VA  VA  VA 

Pathe    Exchange    "A" 8  8  8 

RKO     2'A  2'A  2'A 

Warner  Bros 6-5^         654  65^ 


Net 
Change 


—  Vf. 

-  'A 


-  Vx 


-5< 

■  Vt. 
54 


Sales 

200 
500 
800 

1,000 
500 
200 
100 
100 
500 

2,300 


Trading  Poor  on  Curb 


Net 
High      Low      Close     Change 

General    Theatre    Equipment,    pfd 5/16        5/16        5/16    —  1/16 

Technicolor     11  1054        H  —\i 

Trans    Lux    1-54  1-54  154        

Paramount  Off  /V2  «s  Bonds  Slump 

Net 
Change 


Sale 


High  l^w  Close 

(ieneral    Tlieatre    Equipment   6s   '40 35i  3-)4  ^H 

(ieneral   Theatre    Equipment   6s   '40,    ctf 4  4  4 

Loew's    6s    '41.    ww    deb    rights 84  8.31^  8354 

Paramount    Broadway   5'/4s   '51 29'/^  29A  29'/$ 

Paramount    F.    L.   6s   '47 26'A  26^  26!4 

Paramount    Publix  5!^'s  '50 28  2754  28 

Warner  Bros.  6s   '39 40Ji  40  40A 

(Transactions   are   as  of  Nov.   6). 


-  Vi 

-Va. 


-VA 
-'A 
-'A 


Sales 

1 
1 
9 
1 
5 
2 
11 


i  Purely 
Personal  ► 

FELIX  FEIST  makes  no  conces- 
sion to  age  merely  because  he  is 
now  a  grandfather  by  his  daughter, 
Marjorie  Feist  Nast  Myron.  The 
husband  in  the  case  is  with  FitzPat- 
rick   Pictures. 

Milton  Berle  has  been  assigned 
the  starring  role  in  the  second  musical 
comedy  to  be  made  by  Jack  White. 
Shooting  will  begin  at  the  Eastern 
Service  studio  in  the  Bronx  Friday. 

William  Shiffrin  of  the  Leland 
Hayward  office,  is  writing  his  second 
play,  which  has  to  do  with  booking 
agents.  His  first  is  making  the  rounds 
of  producers'  offices. 

Rose  Natkins  has  succeeded  Ger- 
trude Smith  in  the  handling  of  U. 
A.  press  books.  Miss  Smith  returned 
to  her  home  in  Ohio. 

William  Watson  will  direct  the 
Educational  short  in  which  James 
Melton  will  appear  at  the  Eastern 
Service    Studio. 

Burns  and  Allen  arrived  in  Hol- 
lywood Sunday  to  start  work  on  a 
Paramount  picture,  "Six  of  a  Kind." 

Carl  Lesserman,  Chicago  district 
manager  for  Warners,  is  conferring 
with  home  office  executives  here. 

Ralph  Morgan  is  in  town  and  will 
appear  in  person  at  Loew's  State  for 
a  week  starting  Friday. 

HoRTENSE  Schorr  is  having  trouble 
with  her  eyes  and  will  have  to  get 
spectacles  any  day  now. 

M.  A.  GowTHORPE,  Publix  comp- 
troller, is  seriously  ill  at  his  Westches- 
ter home. 

Lynn  Farnol  is  still  in  Hollywood. 
EHie  in  New  York  in  another  week. 
Maybe. 

MoE  Silver  is  back  from  a  tour  of 
Warner  theatres  in  Kentucky  and  St. 
Louis. 

Alan  Dwan  is  around  town  after 
a   several  years'   stay   in  England. 

Warren  William  is  vacationing 
in  the  Big  Town. 

Cliff    (Ukelele)    Edwards    is    in 

town. 


Omin  Heads  Holding  Co. 

p.  H.  Oniin  has  been  elected  presi- 
dent of  the  Ainusement  Holding  Corp., 
lessees  of  the  Broadway  Theatre,  as 
successor  to  David  Herman,  who  re- 
cently retired.  According  to  Stanley 
W.  Lawton,  managing  director  of  the 
house,  "the  change  represents  the  pur- 
chase of  majority  control  of  the  cor- 
poration by  Omin  and  does  not  affect 
the  management  or  policy  in  any  man- 
ner." 


Chaplin  Joins  Guild 

Hollywood,  Nov.  7. — Charles  Chap- 
lin is   now  a  member  of  the   Actors' 
Guild,  leaving  Norma  Shearer  the  on-  '' 
ly  important  name  not  enrolled  in  the  . 

membership. 


THE  SWING 
TO  FOX 


is   based    on 


V 


,*«i->>"i . 


Box-office  pictures  . . .  deliv- 
ered on  time . . .  the  secret  of 
the  exhibitors'  swing  toward 
FOX.  Now  .  .  .  when  you 
want  big  pictures  to  cash 
in  on  the  rising  atten-  i 
dance  tide... FOX  man- 
power delivers  these 
great  releases: 


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MOTION  PICTURE 

DAILY 


Wednesday,  November  8,   1933 


Further  Halt 
In  Code;  Lea 
Seeking  Data 


(.Continued  from  page    1) 

would  undergo  no  change;  that  it 
would  be  enacted  as  drawn  and 
changed  after  a  90-day  trial  period 
if  inequities  in  its  operation  developed. 
Colonel  Lea,  however,  is  empowered 
to  make  changes  in  General  John- 
son's absence.  If  he  determines  upon 
this,  he  would  establish  thereby  a 
precedent  in  code  deliberations,  in 
view  of  the  blanket  endorsement  given 
Deputy  Administrator  Sol  A.  Rosen- 
blatt's endeavors,  plus  the  fact  that 
three  of  the  NRA  advisory  boards 
have  approved  the  document  as  it  now 
stands.  They  are  certain  to  register 
emphatic  objection  if  Colonel  Lea  sees 
fit  to  alter  the  text. 

Certain  it  is  that  the  agreement 
would  have  gone  to  the  White  House 
before  General  Johnson  had  left  the 
Capital  if  Colonel  Lea,  his  assistant, 
had  not  been  out  of  the  city  over  the 
weekend.  Now  the  circumstances  re- 
verse themselves,  in  that  General 
Johnson  is  away  and  Colonel  Lea  is 
here. 

Ed  Kuykendall,  president  of  the 
M.P.T.O.A.,  is  again  in  Washington 
with  reports  that  small  exhibitors  are 
running  into  difficulties  with  their 
local  compliance  boards,  although  ex- 
emptions in  towns  under  2,500  popu- 
lation have  been  accorded  them  under 
a  recent  ruling  made  by  the  President. 
The  entire  code  situation  tonight 
appeared  to  be  in  the  dead  center  of 
another  mess,  with  confusion  and 
mystery   in  the  race  for   first  honors. 


Seat  Slashing  Follows 

Bad  Films  in  Argentine 


(Continued  from  pafie    1) 


leading  South  American  market,  who 
related  this  item  of  national  beha- 
vior. Morgan  is  here  on  his  first  trip 
to  New  York  in  three  years.  The  oc- 
casion is  to  look  over  the  company's 
new  pictures ;  make  arrangements  for 
the  lerger  release  schedule  occasioned 
by  20th  Century's  product,  and  confer 
with  Arthur  Kelly,  U.  A.  foreign 
manager,  now  en  route  to  New  York 
from  India. 

Morgan  related  that  the  success  or 
failure  of  an  American  picture  in  the 
Argentinian  market  frequently  rests 
with  the  dialogue  interpreter  who 
authors  the  super-imposed  titles  in 
Spanish  for  the  American  release.  He 
said  a  "swell  job"  had  been  done  by 
the  title  writer  on  "The  Kid  From 
Spain,"  with  the  result  that  the  pic- 
ture did  exceptionally  good  business. 
The  success  of  a  picture  such  as 
"Broadway  Thru  a  Keyhole,"  Mor- 
gan believes,  will  depend  almost  en- 
tirely in  his  territory  on  the  ability  of 
the  title  writer  to  translate  the  jargon 
of  Broadway  night  life  into  the  lan- 
guage of  Buenos  Aires  theatregoers 
Morgan  reported  that  theatre 
grosses    in    Buenos    Aires,    which   ac- 


counts for  50  per  cent  of  the  distribu- 
tion revenues  of  the  Argentine,  have 
declined  to  half  what  tliey  were  three 
years  ago.  The  reasons,  he  said,  were 
prevailing  business  conditions  there 
and  a  serious  problem  of  overseating. 
The  city,  with  about  half  the  popula,- 
tion  of  Chicago,  has  16  first  run 
houses,  or  almost  twice  the  number 
so  rated  in  Chicago.  There  are  about 
200  theatres  in  the  city. 

Morgan  believes  that  the  super- 
imposed tiles  universally  used  on 
foreign  product  in  the  Argentinian 
market,  have  also  caused  the  estrange- 
ment of  many  theatre  patrons.  He 
thinks  that  if  dubbed  Spanish  versions 
were  to  be  introduced  there,  an  ap- 
preciable amount  of  lost  patronage 
could  be  won  back. 

He  said  that  restrictions  on  the 
export  of  money  from  Argentina  are 
working  a  serious  hardship  on  Ameri- 
can distributors,  but  denied  knowldge 
of  any  plans  of  quitting  the  market 
because  of  the  money  and  credit  situa- 
tion. The  opinion  prevails  in  Buenos 
Aires,  Morgan  said,  that  no  further 
legislation  or  imposts  aflfecting  films 
would  be  enacted. 


99 


Southeastern  for  Code 

Washington,  Nov.  7. — Southeast- 
ern Theatre  Owners'  Ass'n.  has  ex- 
pressed approval  of  the  industry  code 
in  a  telegram  to  President  Roosevelt. 
The  wire,  signed  by  Love  B.  Harrel, 
secretary,  assures  the  chief  executive 
that  the  association  "unanimously 
pledges  its  support  and  cooperation" 
to  Mm,  Administrator  Hugh  S.  John- 
son and  Deputy  Administrator  Sol  A. 
Rosenblatt. 


Sheehan  Back  With 
Titles  Unchanged 

(Continued  from  page    1) 

of  vice-president  and  general  manager 
of  production. 

J.  J.  Gain  follows  second  with  the 
title  of  studio  manager ;  George  L. 
Bagnall,  treasurer;  eight  associate 
producers;  10  departmental  heads;  17 
directors ;  25  writers ;  20  contract  male 
and  19  female  players.  This  strikes 
a  new  low  level  for  permanent  con- 
tract people  on  this  lot. 


Breen  Coming  on  Code 

Hollywood,  Nov.  7.  —  Joseph  I. 
Breen,  Will  Hays'  executive  assistant 
on  the  coast,  was  eastbound  tonight 
for  a  three-week  study  of  the  code 
and  its  ramifications  and  various  in- 
terpretations. While  in  New  York  he 
may  hop  to  Washington  to  attend  the 
conference  of  Catholic  bishops  there 
on  immoral  films. 


It  Was  Futter 

Reference  to  Harold  Austin,  pro- 
ducer of  "Eat  'Em  Alive,"  as  the 
man  who  made  "Africa  Speaks"  and 
"India  Speaks"  by  Motion  Picture 
Daily  on  Saturday  puts  the  credit 
for  the  latter  two  pictures  on  the 
wrong  producer,  declared  Walter  Fut- 
ter yesterday. 

Futter  made  the  two  films  in  ques- 
tion. 


Wisconsin  Dates  Set 

MiLWANKEE,  Nov.  7. — Annual  con- 
vention of  the  M.  P.  T.  O.  of  Wiscon- 
sin has  been  set  definitely  for  Nov. 
21-22. 


Schaefer  Brands  as 
Lies  Cohen  Reports 

(Continued  from  page    1) 

subject  of  considerable  speculation 
here.  One  report  on  his  return  from 
New  York  last  week  had  it  the  pur- 
pose was  to  collect  his  personal  be- 
longings and  to  make  room  for  either 
William  Le  Baron,  Al  Kaufman  or 
B.   P.   Schulberg. 


Appeals  Court  to 
Get  Publix  Briefs 

(Continued  from  page    1) 

Samuel  Zirn,  attorney  for  a  Para- 
mount bondholders'  group. 

The  protective  committees  support- 
ing Trustees  Charles  D.  Hilles, 
Eugene  W.  Leake  and  Charles  E. 
Richardson  are  the  bondholders'  group 
represented  by  Davis,  Polk,  Ward- 
well,  Gardiner  &  Reed,  and  the  gen- 
eral creditors'  committee  represented 
by  Nathan  Burkan. 

Circuit  Court  Judge  Martin  Manton 
on  Monday  set  Nov.  11,  20  and  29  for 
the  filing  of  additional  briefs  in 
Zirn's  action,  preliminary  to  the  hear- 
ing  Dec.   4. 


Allied  Sees 
"Safeguards 
In  the  Code 


(Continued  from  page    1) 

on,  "that  the  numerous  complaints 
lodged  against  the  Rosenblatt  code 
will  have  impressed  the  NRA  with 
the  necessity  of  appointing  as  govern- 
ment representative  on  the  code 
authority  men  of  outstanding  inde- 
pendence and  ability  who  will  not 
consent  to  the  exercise  of  the  power 
conferred  by  the  code  'to  promote 
monopolies  or  to  eliminate  or  oppose 
small  enterprises,  or  to  discriminate 
against    them'." 

It  concludes  with :  "The  committee 
also  feels  that  the  NRA  has  been  im- 
pressed with  the  fact  that  the  indus- 
try needs  an  emollient,  not  an  irri- 
tant, and  that  in  the  future  the  atti- 
tude of  the  NRA  towards  the  industry 
will  be  quite  different  from  that  ex- 
hibited  by   Rosenblatt." 

Critical  reference  is  made  to  Gen- 
eral Johnson's  statement  exculpating 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  by  saying  that  the  Allied 
committee  had  understood  the  con- 
ferences in  Washington  were  to  be 
confidential.  This,  the  statement  says, 
"makes  it  necessary  that  authentic  in- 
formation regarding  the  negotiations 
be  given  exhibitors." 


Warner  Anti-Trust 
Suit  Off  to  Dec,  4 

(Continued  from  page   1) 
with  its  attendant  suspension  of  anti- 
trust laws  for  signers  of  the  code. 

The  suit,  which  has  been  pending 
for  more  than  two  years,  is  an  out- 
growth of  the  acquisition  of  First  Na- 
tional by  Warners. 


Warners  to  Go  West 

Harry  M.  and  Jack  Warner  are  ex- 
pected to  leave  for  the  coast  in  about 
a  week.  S.  Charles  Einfeld  may  ac- 
company them  west. 


Strand,  Milwaukee, 
Lifts  Warner  to  24 

(Continued  from  page    1) 

manager  for  that  territory,  left  for  his 
headquarters  in  Milwaukee  Monday 
after  a  three-day  conference  with  Jo- 
seph Bernhard. 

Weshner  has  just  moved  his  family 
to  Milwaukee  and  expects  to  be  back 
in  about  three  months.  Several 
changes  in  the  Wisconsin  setup  have 
been  made. 


Securities  Ruling 
Eases  Underwriting 

Washington,  Nov.  7. — Operations 
of  underwriters  are  seen  made  easier 
under  a  new  ruling  on  the  Securities 
Act  made  by  the  Federal  Trade  Com- 
mission which  administers  the  law. 
Official  sanction  has  been  granted  to 
distribution  of  circulars  containing  in- 
_,,,_       y-t«#       y-k  •  formation    on    proposed   issues   during 

Salt   Lake   City   Opening     the  20  days  from  the  filing  of  applica- 
Salt     Lake    City,     Nov.    7. — The    tion  to  its  effective  date.    The  circu- 
new    Stadium   has   been   opened   here,    lar,  however,  may  not  include  any  of- 
C.    McDermott   is  manager.  '  fers  to  buy  or  sell  during  that  period. 


Iowa-Nebraska  Unit 
Accepts  Film  Code 

Des  Moines,  Nov.  7.  —  Iowa  -  Ne- 
braska Allied  Theatre  Owners  today 
approved  the  industry  code  with  minor 
changes.  The  theatremen  voted  to  op- 
pose the  proposed  10  per  cent  admis- 
sion tax  and  the  alternate  2  per  cent 
gross  sales  tax  at  the  special  session 
of  the  Iowa  legislature  now  in  session 
on   the   ground   of   being   unfair. 


Friedman  Declares 
No  Rifts  at  M-G-M 

(Continued  from   page    1) 

Wanger,  David  O.  Selznick  and  Irv- 
ing Thalberg  "as  malicious  and  totally 
without  foundation." 

He  said  the  reports,  originating  in 
Hollywood,  took  the  M-G-M  execu- 
tives by  surprise,  adding  that  condi- 
tions were  never  more  harmonious 
and  everything  is  running  smoothly. 
Friedman  stated  Schenck  is  satisfied 
with  CVilver  City  operations  and  Thal- 
berg's   status   remains   unchanged. 

Ben  Holzman,  manager  for  Eddie 
Cantor,  also  arrived  from  the  coast 
yesterday  on  the  same  train  with 
Friedman  and  Schenck. 


Publix  Will  Retain 
Houses  in  Arizona 

(Continued   from   page    1) 

son,  Casa  Grande  and  Phoenix,  Ari- 
zona. Herschel  Stuart  recently  made 
a  survey  of  the  theatres  for  the  trus- 
tees, and  as  a  result,  Paramount 
Publix  will  continue  to  operate  the 
group  as  heretofore.  F.  &  M.  has  a 
theatre  in  Phoenix  and  wanted  to 
strengthen  its  holdings  in  this  terri- 
tory. 


I 


Wednesday,  November  8,    1933 


MOTION  PICTURE 

DAILY 


Warners  Seen  Ready 
For  Foreign  Series 


Hollywood,  Nov.  7.  —  Warners 
entry  into  the  foreign  production  field 
was  seen  here,  with  the  announcement 
by  Jack  L.  Warner  of  the  first  of 
a  series  of  Spanish  musicals  to  go 
into   production   at   an   early   date. 

Enrico  Caruso,  Jr.,  has  been  signed 
to  a  term  ticket  to  sing  in  the  first, 
with  the  balance  of  the  series  depend- 
ing entirely  on  the  success  of  the 
one. 

The  studio  has  not  yet  assigned  a 
Spanish  film  supervisor  or  director. 


Borzage  Has  a  "Find" 

Hollywood,  Nov.  7.  —  Frank  Bor- 
zage is  waxing  enthusiastic  over 
George  Breakston,  an  eleven-year-old 
French  lad  whom  Borzage  selected 
for  an  important  role  in  "The  Paul 
Street  Boys"  at  Columbia. 

The  director  feels  he  has  a  real 
"find"  in  Breakston  and  is  planning 
to  launch  him  in  pictures. 


Fox  Re-Signs  Lachman 

Hollywood,  Nov.  7. — As  a  result  of 
his  work  on  "Paddy,  the  Next  Best 
Thing,"  Director  Harry  Lachman  has 
been  presented  a  new  long-term  con- 
tract at  Fox. 


Rockett  Casts  Harvey 

Hollywood,  Nov.  7. — Buddy  De- 
Sylva  has  granted  the  request  of  Al 
Rockett  and  has  released  Lillian  Har- 
vey to  Rockett  for  his  forthcoming 
production,  "Lottery  Lover." 

DeSylva  is  now  looking  for  an 
actress  to  replace  Harvey  in  his  next 
picture,  tentatively  titled  "Bottoms 
Up." 


Ida  Lupino  Is  Cast 

Hollywood,  Nov.  7. — Ida  Lupino's 
first  role  since  signing  with  Para- 
mount two  months  ago  will  be  the 
lead  opposite  Cary  Grant  in  "The 
Trumpet   Blows.'' 


Columbia  to  Start 
Six  Features  Soon 

Hollywood,  Nov.  7.— Production 
activity  is  speeding  up  at  Columbia 
with  three  pictures  in  work  and  six 
more  scheduled  to  begin  during  the 
week. 

Those  shooting  are  "Let's  Fall  in 
Love,"  "Criminal  Within"  and 
"Straight   Away." 

Those  scheduled  for  production 
within  the  next  few  days  are :  "The 
9th  Guest,"  "The  Paul  Street  Boys," 
"Whirlpool,"  "Night  Bus,"  "The  Most 
Precious  Thing  in  Life"  and  "Sisters 
Under  the  Skin.'' 


"I  enjoyed  directing  'A  MAN'S 
CASTLE'  more  than  any  picture 
I  have  ever  made.  I  owe  sincere 
thanks  to  Spencer  Tracy,  Loretta 
Young,  Glenda  Farrell,  Walter 
Connolly,  Arthur  Hohl  and 
Marjorle  Rambeau  for  magni- 
ficent performances/' 

Frank  Borzage 

THE   MOST   GLORIOUS   LOVE   STORY   SINCE   ''7th   Heaven''! 


A    FRANK    BORZAGE    Production 

with 

SPENCER   TRACY   •    LORETTA   YOUNG 

Screen  play  by  Jo  Siverling  ffSSti 

From  the  play  by  Lawrence  Hazard 

A  COLUMBIA  PICTURE 

A  Screen  Guild  Picture 


MOTION  PICTURE 

DAILY 


Wednesday,  November  8,   1933 


lATSE  Using 
NRA  Schedule 
In  K.  C.  Area 


(Continued  from  page    1) 

week.  The  reduction  was  granted  as 
a  temp<,)rary  relief  measure,  and  was 
a  second  cut  from  the  original  basic 
scale  of  $72.60  negotiated  in  Septem- 
ber, 1932.  The  $67.15  scale  is  retro- 
active to  Sept.  1,  this  year.  Contracts 
for  one  year  are  to  be  signed  by  the 
RKO  Mainstreet,  Publix  Newman  and 
Loew's  Midland. 

Theatres  in  this  area  and  in  Iowa 
and  Nebraska  are  completing  con- 
tract negotiations  with  operators  and 
stage  hands  which  were  delayed  this 
fall  by  the  prolonged  code  discussions 
in  Washington,  said  Snow.  He  re- 
turned recently  from  Washington, 
where  he  was  a  delegate  to  the  A.  F. 
of  L.  convention. 

"The  film  code  is  satisfactory  to 
union  labor,"  said  Snow.  "It  will 
make  employers  and  employes  live  up 
to  fair  practices  and  toe  the  mark. 
We  consider  it  gives  labor  a  break, 
inasmuch  as  it  assures  collective  bar- 
gaining and  establishes  union  wages 
as  the  basic  standard  scale  every- 
where." 

lATSE  Is  Planning 
Washington  Office 

The  I.  .A.  T.  .S.  E.  is  contemplating 
opening  offices  in  Washington,  where 
ofificials  of  the  international  union  can 
be  in  direct  contact  with  governmental 
executives  for  code  matters. 

Louis  Krouse,  assistant  to  William 
C.  Elliott,  president,  will  be  in  charge 
of  the  Washington  office  when  it  is 
oi)ened. 


Ohio  Independents 
Meet  Again  Nov,  15 

CoLL-MBUs,  Nov.  7. — Plans  for  the 
formulation  of  a  permanent  state  or- 
ganization to  which  only  theatre  own- 
ers not  affiliated  in  any  way  with  pro- 
ducer circuits  would  be  eligible  will 
he  made  at  a  meeting  Nov.  IS  at  the 
Deshler  Hotel  here  by  a  conomittee 
appointed  for  the  purpo.se  at  a  meeting 
of  the  Independent  Theatre  Owners 
in  this  city  on  Oct.  31. 

On  Nov.  16  there  will  be  a  general 
meeting  of  all  independent  theatre 
owners  throughout  the  state  at  which 
officers  will  be  elected  and  a  constitu- 
tion and  by-laws  will  be  drawn  up. 
One  of  the  chief  topics  to  be  consid- 
ered at  this  meeting  will  be  the  10 
per  cent  admission  tax. 


Arcturus  Objects  to 
Court  Reply  of  RCA 

Wilmington,  Nov.  7.  —  The  Arc- 
turus Radio  Tube  Co.,  which  recently 
brought  suit  against  RCA  to  enjoin 
the  corporation  from  prosecuting  an 
action  in  the  New  Jersey  courts  to 
collect  a  minimum  annual  royalty  of 
$50,000  under  a  tube  patent  licensing 
agreement,  has  filed  exceptions  in 
Chancery  Court  to  the  answer  filed 
by   RCA  to  the  bill  of  complaint. 


Midland  and  Loew 
Suit  Is  Postponed 

(CuiiliiiiictI   from   l^aiic    I) 

asked  for  a  postponement  to  permit 
denial  of  the  charges  by  New  York 
stockholders. 

Reed  said  he  wanted  to  obtain  testi- 
mony from  Nicholas  M.  Schenck,  E. 
A.  Schiller  and  David  Bernstein  set- 
ting forth  Loew's  side  of  the  con- 
troversy in  refutation  of  charges  that 
taxes  were  not  paid  on  Loew's  Mid- 
land theatre  and  office  building,  that 
Loew's  planned  to  relinquish  the  prop- 
erty and  default  to  bondholders  and 
that  they  stated  they  would  so  conduct 
the  affairs  of  the  company  that  Kan- 
sas City  stockholders  got  nothing. 

Loew  officials  in  New  York  may 
come  here  for  the  trial,  or  deposi- 
tions will  be  taken  in  New  York, 
according  to  Leopold  Friedman,  gen- 
eral counsel  for  Loew's,  who  stopped 
off  here  for  the  trial  on  his  way  to 
New  York  from  the  coast. 

The  local  men  petitioned  for  a 
temiMjrary  receiver  pending  the  ad- 
justment of  differences  and  distribu- 
tion of  $225,000  allegedly  available  for 
dividends.  The  properties  have  a  book 
value  of  $3,700,000. 


Court  Approval  Is 
Given  on  Poll  Deal 

{Coiitiiiucil  from  page    1) 

weeks  before  the  plans  are  put  into 
effect.  New  securities  for  Poli-New 
England  and  Eastern  Theatres  Corp., 
underwriters  for  the  former  company, 
will  be  issued  within  the  next  fort- 
night or  so. 

Loew's,  Inc.,  is  reported  to  be  buy- 
ing a  block  of  securities  in  both  Poli- 
New  England  and  Eastern  Theatres 
and  is  believed  set  to  take  over  oi>era- 
tions  of  the  18  New  England  theatres 
under  a  three-year  management  deal 
as  soon  as  the  securities  of  both  com- 
panies are  issued. 


Publix  Enterprise 
Ruling  Up  Nov,  15, 

A  ruling  on  a  claim  for  $155,000 
filed  against  Publix  Enterprises  by 
Sunrise  Realty  Corp.  and  based  on 
future  rents  for  the  Paramount,  Palm 
Beach,  l'"la.,  will  be  deferred  until 
Nov.  15,  by  Henry  K.  Davis,  referee 
in  i)ankruptcy,  who  heard  preliminary 
details   of    the   claim    Monday. 


Turner  Rejoins  RKO 

Terry  Turner  rejoins  RKO  on 
A-Ionday,  succeeding  A.  P.  Waxnian 
resigned.  Motion  PicTrRE  Dati.y 
on  Nov.  1  exclusively  reported  in 
Insiders'  Outlook  that  Turner  may 
rejoin    the    circuit. 


Brodie  from  Buffalo 

Buffalo,  Nov.  7.  — Old 
timers  who  have  seen  "The 
Bowery"  during  its  two-week 
run  in  Buffalo  recall  that 
Steve  Brodie  once  had  a  gin 
mill  in  Main  Street  here,  be- 
fore he  became  famous  in 
New  York.  Brodie  rescued 
an  unidentified  corpse  from 
the  morgue,  the  story  goes, 
hired  three  or  four  hacks  and 
gave  a  swell  funeral  for  the 
drowning  victim.  His  flair  for 
publicity  didn't  stop  there, 
though — he  boasted  about  his 
generosity,  jeered  Buffalo 
people  for  being  "cheap 
skates,"  and  a  gang  from  the 
waterfront  wrecked  his  place, 
the  yarn  has  it.  Brodie  then 
fled  Buffalo. 


Report  of  Raid  on 
Fox  to  Be  Probed 

W.\SHiNGTON,  Nov.  7. — Exposure 
of  an  alleged  raid  on  Fo.x  by  Albert 
H.  Wiggin,  carried  out  through  the 
brokerage  house  of  Pynchon  &  Co.  at 
the  time  he  was  head  of  Chase  Na- 
tional, may  develop  when  hearings  in 
the  Senate  stock  market  investigation 
are  renewed  Wednesday. 


Asks  Additional  Listing 

R.  I'".  Keith  Corp.  has  applied  to 
the  New  York  Stock  Exchange  for 
additional  listing  of  $50,000  first  and 
general  refunding  mortgage  20-year 
six  per  cent  gold  bonds,  .Series  A,  due 
March    1,    1946. 


6  Votes  Beat  Alicoate 

John  W.  Alicoate,  publisher  of 
inhn  Daily  was  defeated  as  Demo- 
cratic candidate  for  councilman  in 
Harri.son,  N.  ^^,  by  a  margin  of  six 
votes,  yesterday. 


To  Contest  Thorpe  Suit 

Columbia  filed  an  answer  in  Su- 
preme Court  here  on  Monday  in  the 
$100,000  suit  brought  by  Jim  Thorpe, 
Indian  athlete,  who  charges  his  name 
and  picture  were  employed  in  exploi- 
tation of  "The  White  Eagle,"  al- 
though he  did  not  appear  in  the  film. 
Columbia  asserts  Thorpe  withdrew 
from  an  agreement  to  play  in  the  pic- 
ture after  advance  advertising  had 
been    sent    out. 


Film  Stocks  Decline 

Film  stocks  declined  $15,104,720 
during  the  month  of  October  on  the 
New  York  Stock  E.xchange,  bring 
down  the  average  price  to  94  cents  a 
share.  Market  value  of  all  film 
shares  for  Oct.  1  was  listed  at  $151,- 
833,083,  or  an  average  of  $9,3  a  share. 
On  Nov.  1,  the  market  value  was 
listed  at  $136,728,363,  or  $8.37  a 
share. 


Canadian  Managers 
In  Another  Shakeup 

Toronto.  Nov.  7. — Another  shake- 
up  among  Famous  Players  Canadian 
managers  sends  George  Rotsky,  for 
years  at  the  Montreal  Palace,  to  the 
Montreal  Capitol,  where  stage  shows 
are    to    be    inaugurated. 

Howard  Knevels,  formerly  at  the 
Imperial  here,  has  been  transferred  to 
the  Regent  at  Ottawa,  and  Tom  Mc- 
Joy  goes  to  the  Imperial,  Ottawa,  with 
Ray  Tubman  in  sole  charge  of  the 
Capitol.  Leonard  Bishop,  formerly 
with  Moorehead  and  Filman,  indepen- 
dent circuit  in  Ontario,  has  been  ap- 
pointed manager  of  the  Capitol  at 
Halifax    for    Famous    Players. 

This  is  the  second  realignment  of 
managers  this  fall  under  N'.  L.  Na- 
thanson's    direction. 


Square"  Big 
In  Music  Hall 
With  $80,344 


Humphrey  Sails  Today 

William  Humphrey,  prominent  ex- 
hibitor in  Trinidad,  British  West  In- 
dies, sails  today  for  home  after  weeks 
here    looking   over    product. 


"Berkeley  Square"  was  the  big 
noise  among  Manhattan  first  runs  last 
week.  It  sent  the  RKO  Music  Hall 
take  up  to  $80,344,  a  whale  of  a  jump 
after  a  dull  session  with  "Aggie  Ap- 
pleby." 

Jack  Pearl's  much  -  talked  -  about 
"Meet  the  Baron"  failed  to  stir  up 
much  excitement  around  the  Capitol. 
The  gross  was  $37,820,  a  decided 
drop  from  the  previous  week  with 
"Bombshell."  "Love,  Honor  and  Oh, 
Baby"  was  nothing  to  get  excited 
about  at  the  Seventh  Ave.  Roxy,  the 
gross  reaching  only  $19,000. 

"Broadway  Thru  a  Keyhole"  was 
strong  at  the  Rivoli  at  $38,400,  and 
"Kennel  Murder  Case"  was  good  for 
$16,000  at  the  Rialto.  "Footlight  Pa- 
rade" took  $18,862  in  its  fourth  week 
at  the   Strand,  its  last. 

Estimated  takings : 

Week  Ending  Nov.  1: 

"THE  WORLX)   CHANGES"   (F.N.) 
HOLLYWOOD-(l,545).    25c-85c,    7    days. 
Gross:    $24,740. 

"BERKELEY  SQUARE"  (Fox) 
RKO   MUSIC   HALI^(5,945).  35c-$l,65,  7 
(l;ivs,     .Stage   show.    Gross:   $80,344. 

Week  Ending  Nov.  2: 
"WANDERING  JEW"  (J.A.F.A.) 

CAMEO— (549),  25c-40c,  2nd  week,  7  days. 
Gross:   $4,010. 

"MEET  THE  BARON"   (M-G-M) 
CAPITOL— (4,700),     35c  -  $1.65,     7     days. 
Stage:    Rudv    Vallee    and    his   band,     Ooss: 
$,?7,820. 

"I   LOVED   A  WOMAN"   (F.  N.) 
PALACE— (2,500),   25c-75c,   7  days.     Stage 
show.     Gross:   $11,734, 

"I'M   NO   ANGEL"    (Para.) 

PARAMOUNT— (3,700),  .^5c-99c,  3rd  week. 

Stage;    Ethel  Shutta   and   George  Olsen  and 

his   band.     Gross:   $55,000. 

"KENNEL  MURDER  CASE"  (Warners) 

RIALTO -(2.200),   40c-65c.   7   days.     Gross: 

'  "LOVE.   HONOR  AND   "OH,   BABY" 
(Univ.) 

ROXY  — (6,200),  25c  -  55c,  7  days.  Stage 
show.     Gross:    $19,000. 

"FOOTLIGHT  PARADE"   (Warners) 

.STRAND— (2,000),  3,5c-$1.25,  4th  week,  8 
days.     Gross:    $18,862. 

Week  Ending  Nov.  3: 

"PRIVATE   LIFE   OF   HENRY  VIII" 

(U.  A.) 

RKO  ROXY -(3,700),  25c  -  55c,  7  days. 
Gross:    $20,763, 

Week  Ending  Nov.  5: 
"DINNER   AT   EIGHT"    (M-G-M) 

ASTOR— (1,012),  55c-$2.20,  10th  week,  7 
davs.     Gross:    $10,261, 

Week  Ending  Nov.  7: 

"BLIND   ADVENTURE"    (Radio) 

MAYFAIR- (2,300),     35c  -  85c,     9     days. 
Gross:     $10,000,  „.-vurtT  c" 

"BROADWAY   THRU   A   KEYHOLE" 
(U.  A.) 

RVVOLT— (2,200),    35c-99c,   7   days.     Gross: 

$38,400. 


Delay  I.  T.  O.  A.  Meeting 

As  yesterday  was  election  day,  the 
I,  T.  O.  A,  postponed  its  weekly 
nieeting  until  next  Tuesday.  The  re- 
viewing committee,  appointed  recent- 
ly to  report  on  all  independent  prod- 
uct, continues  to  function  under  the 
chairmanship  of  .\rthur  Abeles. 


Foreign  Heads  to  Meet 

Foreign  managers  of  all  distribu- 
tion companies  meet  at  2:15  this  after- 
noon at  the  Havs  office  to  discuss  clos- 
ing of  offices  in  Czecho.slovakia  and 
Denmark  because  of  restrictions  re- 
cently imposed  in  these  countries. 


Wednesday,   November  8,    1933 


MOTION.  PICTURE 

DAILY 


"Woman"  and  Show 
Boston  Hit,  $21,500 


Boston,  Nov.  7. — Grosses  continued 
to  mount  last  week,  with  every  down- 
town house  showing  better  takes  than 
a  week  ago,  which  were  high  for  the 
season  up  to  that  time. 

RKO  Boston  took  top  honors  for 
the  week  with  "My  Woman"  and 
with  George  White's  "Scandals"  in 
nine  complete  acts  with  a  company  of 
75  players.  The  gross,  $21,500,  was 
up  $5,500. 

The  Metropolitan  with  "Footlight 
Parade"  had  a  good  week  and  was 
$4,500  above  normal  with  $32,500. 
Loew's  State,  with  "Broadway  Thru 
a  Keyhole"  was  $4,000  above  average, 
while  Keith's  did  $3,000  better  than 
normal  with   "My  Weakness." 

Total  first  run  business  was  $118,- 
000.     Average  is  $95,000. 

Estimated  takings  for  the  week 
ending  Oct.  26: 

"MY    WOMAN"    (Col.) 

BOSTON— (2,900).    25c-50c,    7    days.      Geo. 
White's    "Scandals."      Gross:    $21,500.     (Av- 
erage, $16,000.) 
"BUREAU    OF    MISSING    PERSONS" 

(Warners) 
"THE    WORST    WOMAN    IN    PARIS" 

(Fox) 
FENWAY— (1.800).  30c-50c,  7  days.  Gross: 
$10,500.      (Averacre,   $9,000.) 

"MY    WEAKNESS"     (For) 
KEITH'S— (3,500),   30c-50c,   7   days.   Gross: 
$19,000.      (Average.   $16,000.) 
"BROADWAY   THRU    A    KEYHOLE" 

(U.   A.) 
LOEW'S  STATE— (3,700),  35c-50c,  7  days. 
Gross:    $20,000       (Average.    $16,000.) 

"FOOTLIGHT   PARADE"    (Warners) 
METROPOLITAN— (4,350),      30c-65c,      7 
days.      Mai    Hallett    and    orchestra.      Gross: 
$32,500.      (Averaee,    $28,000.) 
"BUREAU    OF    MISSING    PERSONS" 

(Warners) 
"THE   WORST  WOMAN    IN    PARIS" 

(Fox) 
PARAMOUNT— (1,800).    30c-S0c.    7    days. 
Gross:   $10,500,      (Average,   $9,000.) 


"Culture  Chamber** 
Widens  Nazi  Power 

Formation  in  Germany  of  a  "Cham- 
ber of  Culture,"  which  will  place  un- 
der direct  control  of  the  Reich  all 
forms  of  creative  endeavor,  such  as 
music,  the  graphic  arts  and  films  were 
viewed  in  New  York  yesterday  as  a 
"follow  up"  step  on  the  part  of  the 
Hitler  Government  to  further  place 
motion  pictures  under  direct  control 
of  the  state. 


Now  Ifs  Official 

Universal  on  Monday  formally  an- 
nounced distribution  of  "Midnight," 
Chester  Erskin  production  made  at 
the  Biograph  studio  in  the  Bron.x. 
Sidney  Fox  heads  the  cast  which  is 
composed  of  many  stage  names,  in- 
cluding O.  P.  Heggie,  Margaret 
Wycherly,  Henry  Hull,  Lynn  Over- 
man, Cora  Witherspoon  and  Hum- 
phrey  Bogart. 


Columbia  Signs  May 

London,  Nov.  7. — Joe  May,  Ger- 
man director,  has  been  signed  by  Co- 
lumbia on  a  long-term  contract  to 
produce  in  Hollywood.  He  sails  for 
the  United  States  on  Nov.  20.  Jo- 
seph Friedman,  in  charge  of  English 
activities  for  the  company,  signed  the 
contract  for  the  company. 


West  Sets  NewarTc  Marie 

Newark.  Nov.  7. — "Lm  No  Angel" 
ended  an  18-day  run  at  the  Paramount 
Monday  night,  breaking  the  long-run 
record  for  the  house. 


Hollywood  On  Parade 


By  BILL  SWIGART 


Hollywood,  Nov.  7. — The  third  of 
a  series  of  "Writers'  Luncheons" 
tendered  famous  personages  was  given 
at  their  clubhouse  recently  in  honor 
of  Emil  Ludwig,  self-termed  exile 
from  Germany,  brought  here  by  Jack 
Warner  to  write  "Napoleon,"  which 
will  star  Edward  G.  Robinson.  It 
was  responded  to  by  a  brilliant  gather- 
ing of  film  notables  including  Rupert 
Hughes,  w^ho  acted  as  toastmaster, 
Will  Rogers,  Edward  G.  Robinson, 
Judge  Ben  Lindsay  and  others  of 
eciual  prominence.  Both  Charles 
Chaplin  and  Jack  Warner  were  ex- 
pected to  attend  but  due  to  the  sudden 
illness  of  Chaplin  and  Warner's  unex- 
pected trip  to  New  York,  they  could 
not. 

These  get-togethers  are  developing 
into  the  same  importance  to  Holly- 
wood as  tlie  famous  "Gridiron  Din- 
ners" in  the  east,  combining  free  ex- 
pression of  thoughts  temi>ered  by  wit, 
wisdom  and  good  humor.  The  first  to 
be  staged  and  sponsored  by  the 
Writers'  Club  was  Walter  Winchell 
Night,  which  packed  the  house  to 
capacity,  due  more  or  less,  to  the  pre- 
vious Jolson- Winchell  whatever-it-was 
at  the  Hollywood  fight  stadium. 

.Second,  was  the  dinner  given  in 
honor  of  Mickey  Mouse  and  his  cre- 
ator Walt  Disney,  with  Chaplin  doing 
the  honors.  The  third  so  far  attributed 
by  the  wisacres  of  Hollywood  as  a 
build-up  by  Jack  Warner,  as  a  pre- 
exploitation  build-up  for  "Napoleon," 
developed  into  a  more  dignified  dis- 
sertation of  subtle  humor  than  the 
previous  two. 

Rupert  Hughes  performed  his  best 
as  toastmaster,  with  Will  Rogers  lay- 
ing the  German  biographer  open  to 
his  well  known  witty  wise  cracks. 

Li  part  Rogers  said : 

"Mr.  Ludwig  speaks  four  lan- 
guages, but  when  he  finishes  at 
Warners,  he'll  be  able  to  speak  five. 
Sure  I  read  Ludwig's  'Napoleon' 
but  neyer  read  'Bismarck'.  Neither 
did  many  others  in  Hollywood.  Most 
of  the  people  here  don't  know  it's  a 
book — they  think  it's  a  herring. 

"Winchell  gives  you  biographies 
through  a  keyhole,  but  this  guy  Lud- 
wig writes  them  while  lying  under  a 


bed — that's  why  Winchell  writes  'em 
in  short  paragraphs  and  Ludwig 
writes  'em  in  book  length. 

"If  Ludwig  wants  to  write  a  real 
biography,  he  ought  to  do  one  on 
.A.imee    .Seniple    Macpherson." 

With  more  than  seven  first  string 
restaurants  including  Levy's,  The 
Brown  Derby,  Sardi's.  Russian  Eagle, 
Brass  Rail  and  several  new  ones 
under  construction  bordering  on  the 
corner  of  Vine  and  Sunset  Boulevard, 
this  spot  is  fast  becoming  the  42n<l 
St.  and  Broadway  insofar  as  activity 
of  night  life  and  gathering  of  Holly- 
wood's picture  makers  and  the  tour- 
ists who  congregate  to  get  a  glimpse 
of  them  are  concerned. 
• 

Since  Jesse  Lasky  decided  to  make 
a  picture  with  an  all-unknown  cast 
and  stating  at  the  time  that  he  was 
a  bit  dubious  as  to  the  success  of  the 
venture,  he  has  lieen  swamped  with 
so  many  letters  of  encouragement  that 
it  has  made  him  all  the  more  deter- 
mined to  go  through  with  the  project. 
.'\part  from  the  commercial  aspect  of 
the  venture,  Lasky  says, 

"I  am  happy  to  be  able  to  do  some- 
thing for  the  extras." 

This  intimates  that  the  casting  for 
tlie  unknown  players  will  be  confined 
to  Hollywood,  sans  a  nation-wide 
search  for  potential  inexperienced 
talent. 

• 

In  addition  to  running  a  circuit  of 
nine  local  neighborhood  theatres, 
Mark  Hanson  has  taken  a  lease  on 
the  late  Roscoe  Arbuckle  restaurant 
and  will  install  a  beer  garden  in  the 
structure  to  be  called  "The  Three 
Lit"fle  Pig  Inn."  Hanson  expects  to 
apply  the  same  showmanship  in  at- 
tracting customers  to  this  spot  that 
he  has  in  the  past  in  attracting  cus- 
tomers to  the  box-office. 
• 

Having  recently  completed  his 
work  in  "Roman  Scandals"  with 
Eddie  Cantor.  David  Manners  will 
leave  Nov.  15  for  London  where  he 
is  obligated  to  act  in  one  picture  for 
British   International. 


i<. 


Looking  Over  Shorts 


"Strange  As  It  Seems** 

No.   34 

(Universal) 
Australian  Koala  bears  are  one  of 
the  interesting  features  of  this  num- 
ber. Other  shots  show  a  hand  ax 
wood  carver,  electric  eels,  a  slingshot 
William  Tell,  the  Bay  of  Fundy  tide. 
Tapanese  cultivation  of  pearls,  torture 
bv  Nigerian  sun  worshippers  and 
piano  playing  with  the  toes  by  an 
armless   boy.    Running   time,   9   mins. 

"Stung  Again** 

( Universal) 
It's  the  story  of  the  mishaps  of  a 
catnning  trip,  with  most  of  the  com- 
edy being  supplied  by  Louise  Fazenda. 
A  skunk  invades  the  girls'  tent  and 
breaks  up  the  fun  during  the  night. 
Mildly  entertaining.  Running  tiirie,  18 
mins. 


"In  tfie  Zoo** 

(UiuT'crsa!) 
One  of  the  Oswald  cartoon  series 
with  Oswald  charming  anitrials  with 
an  accordion.  Peg-leg  gets  in  his  vil- 
lainous work  by  pulling  the  lyre- 
bird's lyre,  sigs  a  bunch  of  moths 
on  to  a  bear,  and  padlocks  a  kanga- 
roo's pouch.  Oswald  solves  all  the 
nroblems  with  a  series  of  laughs. 
Runnin,g  time,  7  mins. 

"/  Like  Mountain  Music** 

(  ParaiiwunI) 
The  Four  Eaton  Boys  are  melodic- 
allv  satisfying  in  this  short  based  on 
hill  billy  tunes.  They  show  them- 
selves canabic  instrumentalists  as 
well  as  competent  harmonizers.  They 
are  worked  in  cartoon  se(|uenccs  that 
are  va,stly  hilarious.  A  good  number. 
Running  time,   10  mins. 


Captured"  Pulls 
$13,000,  Montreal 


Montreal,  Nov.  7. — Top  honors  in 
last  week's  race  for  the  big  money 
went  to  Loew's  with  "Captured"  on 
the  screen  and  a  stage  show  which 
pulled  $13,000,  up  by  $2,500. 

"The  Way  to  Love"  was  good  for 
$11,500  at  the  Palace  and  a  dual  bill 
consisting  of  "Morning  Glory"  and 
"Flying  Devils"  took  $10,000  at  the 
Capitol.     The  weather  was  cold. 

The  second  week  of  "The  Bowery" 
and  "Devil's  Mate"  was  good  for 
$5,000  at  the  Princess  and  this  might 
have  been  better  except  for  the 
strong  opposition.  "Nu  Comme  un 
V'er"  had  its  third  week  at  the  Imper- 
ial  with  a   return   of  $1,500. 

Total  first  run  business  was  $41,000. 
Average   is  $39,000. 

Estimated  takings  in  the  week  end- 
ing  Oct,  28: 


days. 


"MORING   GLORY"    (Radio) 
"FLYING   DEVILS"    (Radio) 

CAPITOL— (2.547).    25c-35-50-60,     7 
Gross:   $10,000.   Average,  $9,000.) 

"NU   COMME   UN   VER"   (French) 
IMPERIAL  —    (1,914),     25c-35c-50c;6Oc,     7 
days.    3rd    week.      Gross:    $1,500.      Previous 
week:    $2,000,    (Average,   $2,000.) 

"CAPTURED"  (Warners) 
LOEW'S— (3,115),      25c-35c-S0c-65c-75c,      7 
days.      Stage    show.     Gross:    $13,000.    Aver- 
age.   $10,500.) 

"THE  WAY  TO  LOVE"   (Para.) 
PALACE— (2,600).     25c-35c-50c-60c-85c.     7 
days.     Gross:   $11,500.    (Aver,age,   $11,000,) 
"THE    BOWERY"    (U.    A.) 
"DEVIL'S    MATE"    (Monotrram) 
PRINCESS    —    (2,272),    25c-35c-50c-75c.    7 
days.  2nd  week.    Gross:  $5,000.    First  week: 
$6..S0O.      (Average,  $6,000.   ) 


K.  &  C.  to  Produce  Tfiree 

Krimsky  &  Cochran,  producers  of 
"Emperor  Jones,"  plan  to  make  three 
more  pictures  within  the  next  year. 
.Several  stories  are  being  considered 
and  await  approval  of  GifFord  Coch- 
ran, who  returned  Monday  from  a  trip 
to  Berlin  and  London.  One  of  the 
trio  may  be  made  on  the  coast. 
Whether  Rene  Clair,  French  producer, 
will  come  over  to  produce  a  picture 
for  K.  &  C.  here  has  not  yet  been 
settled.. 


Seelc  Filers  Story 

Hollywood,  Nov.  7. — Fox's  diffi- 
culty in  lining  up  a  vehicle  for  Sally 
Filers  still  persists,  with  the  actress 
now  being  taken  out  of  the  cast  of 
"Disillusion."  The  studio  is  now 
searching  for  a  story  with  a  strong 
feminine  role  for  the  actress,  who 
recently  was  temporarily  cut  from  the 
payroll  because  of  disagreement  over 
parts. 


"King  Henry*'  to  Globe 

Failing  to  get  together  with  Stan- 
ley Lawton  on  a  deal  for  the  Gaiety, 
Harry  Brandt  is  booking  "The  Life 
of  King  Henry  VIII"  into  the  Globe 
instead  of  the  former  house.  The  U. 
A.  film  opens  Nov.  13  and  will  be 
advertised  as  the  first  Broadway  run. 
it's  now  playing  at  the  RKO  Roxy 
on   Sixth  Ave. 


Tony  Sarg  Sfiow  to  Tour 

Plans  to  give  performances  of  the 
Tony  .Sarg  Marionettes  in  film  houses 
are  being  made  by  Ernest  Briggs, 
manager  of  the  puppet  troupe.  The 
first  engagement  of  the  kind  will  be 
at  the  Monroe,  Rochester,  with  a  tour 
in  the  South  to  follow. 


^lAGARiLFALLl. 

may  run  dry  but 


mLv  wlM 


J 


m  NoZftngell 


kith  my  brant,  aireffed  py  wesley  Ruggle3 

k'uns  onTbreveri 

Six  tremendous  weeks  at  Oriental  Theatre  .  .  .  Chicago 
Four  capacity  weeks  at  Paramount  Theatre,  New  York 
Four  crowded  weeks  at  State  Theatre  .  .  .  Detroit 
Four  weeks  at  Grauman's  Chinese  Theatre^  Los  Angeles 
Three  record  weeks  at  Paramount  Theatre  .  .  .  Newark 
Three  capacity  weeks  at  first-run  house  .  .  .  Cleveland 
Three  big  weeks  at  first-run  houses  .  .  .  San  Francisco 

The  2-week  first-run  engagements  of  this  picture  are  too  numerous  to  list  here 


If  it's  a  Paramount  Picture  It's  the  Best  Show  in  Town! 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and         ," 
Faithfut 
Service  to 
the  Indiistry 
in  All 
Branches 


VOL.  34.    NO.  110 


NEW  YORK,  THURSDAY,  NOVEMBER  9,  1933 


TEN  CENTS 


Reade  Urges 
RKO  to  Quit 
As  Producer 


Hits  Radio  City  Houses; 
Court  Refuses  to  Act 


Recommendations  that  RKO  re- 
ceivers dispose  of  Radio  Pictures  and 
the  Radio  City  theatres  were  made  to 
Federal  Judge  William  Bondy  in  U. 
S.  District  Court  here  yesterday  by 
Walter  Reade,  theatre  operator,  who 
said  he  had  a  $3,000,000  creditor's 
claim  against  RKO  which  he  felt 
would  be  protected  if  the  company 
were  rid  of  the  two  subsidiaries 
which,  he  charged,  were  "bleeding  it 
to  death." 

The    hearing   before    Judge    Bondy 
was  on  a  petition  of  Irving  Trust  Co. 
iContinued  on  page  4) 


Weigh  Academy^s  Future 
As  Cowan^  Levinson  Resign 


Hollywood,  Nov.  8. — Lester  Cow- 
an has  resigned  as  executive  secretary 
of  the  Academy  of  M.  P.  Arts  and 
Sciences,  asking  to  be  released  as 
quickly  as  possible.  He  gave  as  his 
reason  for  resigning  his  belief  it  was 
impossible  to  carry  on  the  basic  pur- 
pose for  which  the  Academy  was 
originally  designed.  His  retirement 
is  taken  as  an  indication  that  the  or- 
ganization is  washed  up.  Another  to 
quit  is  Major  Nathan  Levinson,  ex- 
ecutive chairman  of  the  technicians' 
branch. 

Cowan  has  been  under  fire  by  some 
of  the  Academy  groups.    He  has  been 


reported  in  conflict  with  J.  Theodore 
Reed,  president,  over  his  method  of 
handling    the   code    in    Washington. 

Some  hint  of  Cowan's  action  was 
believed  today  to  have  developed  from 
a  conference  of  the  board  of  gov- 
ernors of  the  Academy  Monday  night. 
Although  no  official  statement  was 
given  out  as  to  what  went  on  at  the 
meeting,  some  members  declared 
Cowan  and  Reed  were  "put  on  the 
spot"  for  what  happened  in  Wash- 
ington, further  asserting  that,  inas- 
much as  it  was  considered  bad  pol- 
icy to  ask  either  to  resign,  the  gov- 

(Continued  on  facie  9) 


Code  May  Go 
To  President 
On  Vacation 


Hanson  Takes  Over 
Monogram  in  Canada 

Toronto,  Nov.  8. — Oscar  Hanson, 
president  of  Empire  Films,  has  ac- 
quired the  Canadian  Monogram  fran- 
chise formerly  held  by  Regal  Films, 
Ltd.    Twenty  features  are  expected. 

Empire  Films  now  has  British  In- 
ternational, Majestic,  Educational, 
Monogram  and  Associated  Radio,  as 
well  as  state  rights  for  all  Canada. 


Tri-State  Acquires 
Des  Moines  Company 

Des  Moines,  Nov.  8. — Tri-State 
Theatres  Corp.  today  purchased  the 
Des  Moines  Theatre  Co.,  which  oper- 
ates the  Paramount,  Des  Moines,  Gar- 
den and  Strand  here.  The  purchased 
unit  controls  several  franchise  rights. 

Formation  of  Tri-State  was  an- 
nounced at  the  close  of  a  convention 
{Continued  on  Pane  4) 


Sally  to  Drop  Fans 

Kansas  City,  Nov.  8. — "I'm 
through  with  the  fan  dance." 
declared  Sally  Rand,  visiting 
here  with  her  family,  and 
then  added,  "if  I  can  help  it." 
She  explained  that  as  far  as 
she  was  concerned,  she  leaves 
the  fan  dance  to  her  imita- 
tors, but  since  she  is  under 
contract  to  Paramount,  if 
that  company  demands  she 
appear  with  her  ostrich 
plumes  in  pictures  or  in  per- 
sonal appearances,  she  will 
comply. 


Coast  Has  48 
In  Work  with 
36  Preparing 


Hollywood,  Nov.  8. — Hollywood 
production  for  the  week  ending  Nov. 
4  shows  a  normal  stride  with  a  total 
of  48  features  in  work,  36  in  final 
stages  of  preparation  ready  to  start 
within  the  next  two  weeks  and  a  total 
of  44  in  the  cutting  room. 

Of  this  number  Paramount  leads 
with  a  total  of  10  in  work  and  seven 
in  preparation;  M-G-M  follows  with 
six  in  work,  eight  in  preparation  and 
six  in  the  cutting  rooms ;  Radio  has 
seven  working  and  four  cutting;  Fox 

(.Contintied  on    pacre  8) 


Year  Passing 
With  But  One 
Adverse  Law 


Executive   to   Leave   for 
South  on  Nov.  17 


Morros  Battles  for 
Run  of  '*Duck  Soup" 

Boris  Morros,  who  had  a  tussle  on 
his  hands  to  keep  "I'm  No  Angel" 
for  the  Paramount  when  the  Rivoli 
claimed  it  as  one  of  the  three  Par- 
amounts  under  its  standing  agreement. 
is  in  the  throes  of  the  same  sort  of 
fracas.  This  time  it  is  over  "Duck 
Soup"  which  U.  A.  wants.  Morros 
is  insisting  upon  the  Paramount,  fig- 
uring it  will  run  two  and,  perhaps, 
three   weeks. 


Sighs  of  relief  are  becoming  audible 
now  that  what  probably  has  been  the 
worst  legislative  siege  confronted  by 
the  industry  is  about  to  expire  with 
only  one  casualty  to  date.  This  is 
Ohio,  where  a  10  per  cent  admission 
tax  made  the  grade  and  is  now  in 
effect  with  considerable  worry  result- 
ing on  the  part  of  theatremen. 

The  calendar  year  has  been  one  of 
the  few,  and  perhaps  the  first,  in  legis- 
lative history  where  the  entire  tier  of 
48    states    held    law-making    sessions. 

(Continued  on   paqe  4) 


Coast  Union  Takes 
Row  to  A.  F.  of  L, 

Hollywood,  Nov.  8. — Reverbera- 
tions of  the  recent  studio  strike  were 
heard  vesterday  with  rumbh'nsrs  of  an 
unofficial  threat  from  Local  37  that  it 
would  quit  the  A.  F.  of  L.  over  its 
dissatisfaction  with  the  way  the  dis- 
pute was  settled.  The  local  is  angered 
over  its  allegation  that  many  mem- 
(Continued  on  page  4) 


Penny  Jersey  Blue 
Laws  Are  Eased  Up 

Blue  laws  were  relaxed  in  two  states 
as  a  result  of  the  Tuesday  balloting. 
In  Pennsylvania  baseball  games  on 
Sunday  afternoons  were  authorized  in 
a  statewide  referendum.  This  is  the 
first  relaxation  of  the  1794  statute  and 
is  regarded  by  exhibitors  as  a  hopeful 
sign  for  further  easing  up  on  Sunday 
shows. 

In  New  Jersey,  Asbury  Park,  Long 
Branch,  Freehold  and  Keyport  were 
added  to  the  list  of  communities  per- 
mitting Sunday  shows. 


Washington,  Nov.  8. — Failure  of 
Acting  Recovery  Administrator  W. 
R.  Lea  to  pass  on  the  film  code  be- 
fore the  return  of  Gen.  Hugh  S.  John- 
son next  week  may  result  in  the  Presi- 
dent approving  the  document  while 
at  Warm  Springs,  Ga. 

Gen.  Johnson  is  slated  to  return 
to  Washington  about  Nov.  14.  The 
President  is  scheduled  to  leave  the 
city  Nov.  17,  and  it  is  not  believed 
that  the  administrator  will  be  able  to 
give  consideration  to  and  pass  upon 
the  code  immediately,  because  of  the 
mass  of  work  which  will  be  awaiting 
his   attention. 

There  were  no  indications  today  that 
Col.  Lea  had  changed  his  determina- 

(Continued  on  page  4) 


Local  SOS  Calls  Off 
Pickets  in  11  Spots 

Picketing  by  Local  306  of  the  11 
independent  theatres  which  recently 
replaced  I.A.T.S.E.  men  by  Allied 
M.  P.  Operators  has  been  abandoned 
until  negotiations  between  the  union 
and  the  I.T.O.A.  come  to  a  head.  The 
local  has  submitted  its  wage  scale  to 
the  exhibitor  organization  and  the 
I.T.O.A.,  likewise,  has  made  a  propo- 
sition for  booth  scales.  A  compro- 
mise is  expected. 


Trust  Law  Changes 
Favored  in  Kansas 

ToPEKA,  Nov.  8. — A  Legislative 
Council  measure  designed  to  make  the 
Kansas  anti-trust  laws  conform  with 
the  National  Industrial  Act  has  been 
recommended  for  passage  by  the 
House     Judiciary     Committee.       The 

(Continued  on   page   4) 


San  Antonio  Scales 
Lifted:  Takes  Gain 

San  Antonio,  Nov.  8. — San  Anto- 
nio theatre  men  have  raised  admission 
prices  and  while  attendance  has  not 
increased  materially  the  intake  has 
jumped  from  $300  to  $500  in  each 
box-office  weekly. 

The  Majestic,  the  city's  de  luxe 
showhouse,  seating  4,000,  has  jumped 

(Continued  on   page   4) 


Meet;  Don*t  Act 

Foreign  managers  met  at 
the  Hays  oflSce  yesterday  to 
discuss  formulation  of  a 
stand  on  closing  offices  in 
Denmark  and  Czechoslovakia, 
but  deferred  action  to  a  meet- 
ing slated  for  Monday. 


MOTION.  PICTVItE 

DAILY 


Thursday,  November  9,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


\ol.  34 


November  9.   1933 


No.   110 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editcrr 
JAMES  A.  CRON 
Advertising  Manager 


^•<^\  PUBLISHED  daily,  except  Sunday 
^  jl  J  and  holidays,  by  Motion  Picture 
X«l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Ekigware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour    des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the     W|  b  ▲ 
Post  Office  at  New  York  City,   v^  iCA^ 
N.   Y.,  under  Act  of  March  3, 
1879. 

Subscription   rates   per   year: 
$6     in     the     Americas,     except      _ 
Canada;    Canada    and    foreign:     w«bo<ki. «.« 
$15.     Single    copies:    10    cents. 


Hoffman  Temporary 
Goldman  Successor 

Philadelphia,  Nov.  8. — I.  J. 
Hoffman  may  take  over  William 
Goldman's  duties  for  the  time  being. 
Goldman  has  resigned  his  post  as 
Warner  theatre  district  manager  in 
this  territory  and  no  successor  has 
been  named. 

Joseph  Bernhard,  general  manager 
of  the  circuit,  is  here  and  will  re- 
main  for   about    a   week. 


William  ("Billy")  Goldman  has 
been  head  of  Warner  theatre  opera- 
tions in  the  Philadelphia  territory  for 
about  five  years,  prior  to  that  having 
been  active  in  St.  Louis.  He  is  one 
of  the  best  known  theatre  operators 
in  the  business. 

Goldman's  contract  is  understood  to 
run  until  May,  1934.  His  policies  are 
reported  to  have  been  under  fire  for 
some  months  with  I.  J.  Hoffman,  one 
of  the  two  national  theatre  supervisors 
for  Warners  under  Joseph  Bernhard, 
the  direct  point  of  conflict. 

Reached  on  the  long-distance  tele- 
phone Goldman  declared  he  had  no 
statement  to  make  regarding  future 
plans.  He  is  expected  to  remain  with 
the  organization  for  several  weeks 
longer    cleaning    up    current    detail. 

Harry  Kalmine,  district  manager  in 
Pittsburgh,  has  been  reported  as  Gold- 
man's successor.  Last  week,  Kalmine 
denied  this. 


MGM  Day  at  AMP  A 

Today  is  MGM  day  at  the  AMPA. 
Peter  Freuchen,  author  of  "Eskimo," 
and  Capt.  Volney  Phifer-  of  MGM 
will  be  the  principal  guests,  while  Ann 
Ronell,  lyricist  and  composer,  aind 
Joseph  Higgins,  sheriff  of  New  York 
county,   will   round   out   the  program. 


Lloyd  Going  to  Europe 

Hollywood,  Nov.  8. — Frank  Lloyd 
will  sail  from  New  York,  Nov.  15 
for  a  two  months'  vacation  in  Eu- 
rope. His  plans  for  the  future  are 
as  yet  unsettled, 


immm 


■Exactly  what  is 

an  "unconscionable  salary"?  You 
hear  a  good  deal  about  the  term 
since  the  President,  as  a  result  of 
a  direct  question,  informed  the 
trade  and  the  American  public  that 
it  was  his  opinion  such  salaries 
should   be  curbed. 

Granting  they  should,  which  we 
do  not,  the  how,  the  why  and  the 
when  poise  three  obstacles  difficult, 
if  not  impossible,  to  jump.  Much 
in  the  industry's  eye  at  the  minute 
is  the  case  of  Mae  West.  With  no 
picture  work  to  her  credit,  the 
curvacious  one  made  "She  Done 
Him  Wrong,"  a  rough,  bawdy,  but 
nevertheless,  honest  enough  por- 
trayal of  what  it  set  out  to  por- 
tray. 


O 


VERNIGHT.  the 
West  rage  swept  the  nation,  paved 
the  way  for  "I'm  No  Angel,"  set 
Miss  West  up  front,  if  not  in  front, 
as  the  ace  drawing  card  of  the  en- 
tire business.  Whether  you  think 
she's  too  rough  for  pictures  or 
whether  you  do  not,  facts  have  an 
annoying  habit  of  becoming  irrefut- 
able, and  the  facts  are  as  you  have 
just  read  them. 

The  picture,  which  wouldn't  even 
be  a  picture  if  anyone  but  Mae 
West  were  in  it,  has  done  so  much 
to  bolster  Paramount's  cash  posi- 
tion that  many  of  the  company's 
executives  today  are  positive  in 
their  belief  bankruptcy  days  are 
rapidly  drawing  to  a  close.  All 
sorts  of  records  have  cracked  or 
are  cracking  under  the  Westian 
leers  and  the  generous,  but  inter- 
esting, distribution  of  her  avoirdu- 
pois. 


W, 


HO  is  there,  what 
system  is  there — unless  it  is  straight 
profit-sharing — to  determine  how 
much  Mi^s  West  is  worth  to  her 
employing  producer  and  the  thou- 
sands of  theatremen  who  run  her 
pictures?  This  thing  called  per- 
sonality or  name  value  or  box-office 
appeal  not  only  is  of  the  essence  of 
the  business.  It  is  the  essence. 
Without  it,  the  sort  of  industry  this 
would  be  might  not  be  so  pleasant 
to  contemplate  as  a  purveyor  of 
salable  commodity. 

Stars,  the  real  kind,  will  always 
draw  big  money.  More  than  they 
deserve?  Maybe  so,  maybe  not.  It 
doesn't  make  much  difference  on 
the  balance  sheet  for  the  long  pull 
because  of  the  wedge  in  sales  which 
the  established  drawing  cards  con- 
stantly supply. 


£\  T  the  code  meet- 
ings in  Washington  was  one  im- 
portant executive  who  fought  the 
plan  for  a  salary-fixing  commis- 
sion. He  made  the  statement,  which 
so  far  as  we  know  was  not  ade- 
quately battered  down  there  and 
has  not  been  since,  that  no  real  star 
has  ever  caused  his  or  her  producer 
any  losses.  Bookkeeping  or  even 
actual  losses  on  the  star's  specific 
pictures,  yes.  Profits  through  the 
system  of  selling  second-raters  on 
the  strength  of  the  major  stellar 
attraction,  also  yes  and  a  loud  one. 
All  of  this  has  to  do  with  talk  and 
gestures  about  curbing  salaries  in 
the  wrong  direction.  That  kind  of 
talk  and  that  kind  of  gesture  are 
idle  because  they  can  only  mean  a 
waste  of  time.    The  producers,  we 

(Continued  on  page  8) 


Eastman  Up  Two  and  Tfiree-Quarters 


Hi^h  Low 

Columbia    Pictures,    vtc 23  32^ 

Consolidated    Film    Industries 35^  3 

Consolidated    Film    Industries,    pfd 9'/^  8% 

Eastman     Kodak     74^  y\^ 

Eastman     Kodak,    pfd \2?yi  127?4 

Fox   Film   "A" 15  141^ 

Loew's.     Inc 305^  2854 

Paramount  Publix   2  15^ 

Pathe     Exchange      *. \i/^  \y^ 

Pathe   Exchange    "A" 8Ji         %% 

RKo ::  2%    2'A 

Warner  Bros 6%         6^ 


Close 

23 
3 

S'A 

7m 

12754 
MM 
30<A 

2 

VA 

m 

2'A 


Net 
Chancre 

+  'A 


+2Vi 


-V2 

+  Va. 


-1-  M 


Tecfinicolor  Jumps  One-Half 


Technicolor 


Net 
\Hiirh      Ijow     Close     Changre 

.    n'/4      n         11"^      -f  'A 


Pathe  Gains  One  Point 


Higrh  Low 

Ge;ieral   Theatre   Equipment   6s   '40 45^  3-^ 

General   Theatre   Equipment   6s   '40.   ctf 4  4 

Keith    B.    F.    6s    '46 4614  46 

Paramount    Broadway   5'/2S   '51 30  2934 

Paramount    F.    L.   6s   '47 27'/^  27^ 

Paramount    PuMix   Sj4s    'SO 28  28 

Pathe  7s  '37,  ww 85  85 

Warner    Bros.   6s    '39,    wd 41  40 


Close 

4 

4654 
30 
27^ 
28 
85 
41 


■  Net 
Change 

+  ^ 


-I-IM 
-1-  V2 


-fl 

-1-  Vi 


Sales 

400 

200 

200 

1,100 

1.000 

200 

2,900 

1,500 

500 

200 

300 

8,100 


Sales 

1,300 


Seles 

5 
S 
6 
3 
1 
3 
1 
16 


i  Purely 
Personal  ► 


BORIS  MORROS,  Arthur  Mayer 
and  George  Hoffman  did  their 
lunching  in  the  taproom  of  the  Astor 
yesterday.     Jake  Wilk  and  Willard  * 
Patterson  were  also  there. 

Gene    O'Brien,    formerly      assign- 
ment editor  of  World  Wide  Photos, 
leaves    for   Hollywood   this    week    to  ' 
handle   publicity    pictures    for    War- , 


Al  Alt,  vice-president  of  Screen- 
craft,  is  now  in  town  conferring  with 
D.  J.  MouNTAN,  president  of  Show- 
men's Pictures,  Inc. 

Mr.  and  Mrs.  Benjamin  Glazer 
will  reach  New  York  early  next  week 
on  their  way  from  Europe  to  the 
coast. 

Harry  Gribbon  has  been  resigned  ' 
by  Sam  Sax  to  make  a  second  two-  \ 
reel  comedy  for  Vitaphone. 

Marquis  Henri  de  la  Falaise  deJ 
la  Coudraye   arrived    on  the  Cham- 
plain  yesterday  from  France. 

Edgar  Bergen,  ventriloquist,  is  ma- 
king a  one-reel  comedy  for  Vitaphone.] 

Edward  Golden,  Monogram  sales 
manager,  leaves  for  Toronto  today. 

Howard  Smith,  scenario  editor  foq 
20th  Century  Pictures,  is  in  town. 

LaGuardia  at  M.  P.  Clu^ 

Fiorello  H.  LaGuardia  celebrated 
his  election  as  mayor  of  New  York 
Tuesday  night  by  giving  a  dinner  at 
the  M.  P.  Club  to  members  of  his 
ticket  and  sponsors  of  his  campaign. 
Louis  Nizer,  chairman  of  the  films 
committee  in  the  campaign,  and  Louis 
Phillips,  Nizer's  law  partner,  were 
among  the  guests. 


Pollard  Starts  Shooting 

"Bud"  Pollard,  independent  direc- 
tor, starts  shooting  today  on  a  series 
of  eight  commercial  shorts  which  he 
is  directing  for  General  Business 
Films.  The  series  is  being  made  at 
the  "Bud"  Pollard  Studios,  Grant- 
wood,  N.  J.  Don  Malcames  is  doing 
the   camera   work. 


Gollumb  Starts  at  Para. 

Hollywood,  Nov.  8. — Joseph  Gol- . 
lumb,  well  known  writer  on  crimi- 
nology and  former  New  York  news- 
paperman, reported  to  work  today  at 
Paramount  where  he  will  collaborate 
on  the  screen  play  of  "Murder  in  the 
Vanities." 


Dressier  Party  on  Air 

Hollywood,  Nov.  8 — An  interna- 
tional broadcast  of  the  Marie  Dress- 
ier birthday  dinner  will  take  place 
tonight  from  the  MGM  studios.  Louis 
B.  Mayer  will  act  as  toastmaster  and 
Gov.   James   Rolph  will   speak. 


Dalmatoff  Signed 

Warners  have  signed  Michael  Dal- 
matoff for  "Wunder  Bar."  He  leaves 
for  Hollywood  next  Wednesday  to 
join  the  cast. 


FIGHTER 
^ADY 

THE  BIG  NOISE  OF  YOUR  LIFE! 

M^Q-M^s  happy  because  you^ll  he  happy! 


MOTION  PICTURE 

DAILY 


Thursday,  November  9,   1933 


Reade  Urges 
RKO  to  Quit 
As  Producer 


(Continued  from  page  1) 
to  be  continued  as  RKO  receiver. 
Opposition  to  this  petition  was  voiced 
by  the  Harrison  Theatre  &  Realty 
Corp.,  also  an  RKO  creditor,  which 
charged  that  Irving  Trust  was  "not 
qualitied"  to  continue  because  it 
lacked  amusement  industry  experi- 
ence and  had  been  remiss  in  failing 
to  attack  as  preferential  a  transac- 
tion completed  the  day  before  the 
RKO  receivership  last  January  which 
resulted,  according  to  the  creditor's 
attorney,  in  giving  RCA  a  favored 
lien  on  $2,400,000  of  RKO  assets. 

Judge  Bondy  instructed  Reade  to 
take  up  his  grievance  against  Radio 
Pictures  and  Radio  City  theatres  with 
the  RKO  receivers  and  their  attor- 
neys, reporting  the  results  of  his  ac- 
tion to  the  court.  Judge  Bondy  also 
held  that  Irving  Trust  should  be  con- 
tinued as  receiver  and  RXO  busi- 
ness be  conducted  as  is  until  more 
definite  recommendations  for  changes 
have  been  prepared  for  the  court. 
At  that  time,  he  indicated,  a  ruling 
on  Reade's  recommendations  would  be 
in  order  and  a  limitation  on  the  con- 
tinuance of  the  RKO  receivership 
might  be  fixed. 

Sees  No  Reason  for  Continuance 

Reade  charged  that  Radio  Pictures 
was  being  continued  "only  to  supply 
the  Radio  City  theatres  with  prod- 
uct" and  that  it  was  not  successful 
in  this.  After  making  a  devastating 
criticism  of  the  Radio  product, 
Reade  charged  that  the  production 
company  had  lost  "about  $15,000,000" 
in  three  years  and  had  lost  its  justi- 
fication to  exist. 

The  Radio  City  theatres  he  de- 
scribed as  "white  elephants"  which  had 
lost   $134,000   in   eight    months. 

"No  one  could  run  those  Sixth 
Avenue  theatres,"  he  said,  "under 
that  «i,OCG,000  a  year  rental." 

Reade  charged  that  Radio  Pictures 
and  Radio  City  theatres  operated  on 
a  "guest  executive"  policy.  "They 
have  guest  directors  at  the  Holly- 
wood studio,"  he  said,  "who  are  paid 
from  $2,500  to  $5,000  a  week  and  only 
stay  a  few  months.  They've  had  about 
16  guest  directors  in  15  months.  The 
same  applies  to  Radio  City.  Before 
a  registered  letter  can  get  over  there 
the  executive  to  whom  it  was  ad- 
dressed has  lost  his  job." 

Reade  also  argued  that  the  com- 
pany's Radio  City  office  leases  were 
"too  costly"  and  large  amounts  could 
be  saved  if  RKO  offices  were  quar- 
tered in  space  in  its  own  theatre 
buildings.  An  attack  was  made 
against  RKO  Service  Corp.,  which, 
Reade  said,  formerly  made  a  service 
charge  of  $600  weekly  against  the 
Mayfair.  Reade  related  that  since 
he  had  been  operating  the  house  "the 
same  service  was  performed  at  a 
cost  of  $25  a  week." 

Calls  Theatre  Subsidiaries  Sound 

The  RKO  theatre  subsidiaries,  par- 
ticularly the  Keith  and  Proctor 
groups  "are  sound"  and  could  be  op- 
erated profitably  "if  they  could  get 
rid  of  Radio  Pictures  ties,"  said 
Reade. 

Reade  also  charged  that  Nate  Blum- 
berg  had  "acquired  virtually  all  of  the 


Ridin*  Together 

Hollywood,  Nov.  8. — Screen 
cowboys  are  the  latest  to  or- 
ganize into  a  guild.  One  hun- 
dred have  already  signed  up. 
Qualification  for  membership 
is  one  year's  experience  be- 
fore the  camera.  Their  pur- 
pose is  to  set  up  a  wage 
standard  and  keep  the  inex- 
perienced from  competing 
with    them. 


Orpheum  circuit  for  himself  since  that 
unit  was  disaffirmed  by  RKO  receiv- 
ers, and  Blumberg  is  now  in  charge 
of  eastern  theatres,  receiving  an  RKO 
salary." 

Horace  R.  Lamb,  counsel  for  Irving 
Trust,  interposed  at  this  point  to  pro- 
test against  what  he  described  as 
Reade's  "loose  talk."  He  declared  that 
the  statements  which  had  been  made 
were  "directly  opposite  to  the  truth." 

Judge  Bondy  declared,  however, 
that  Reade's  interest  was  "commend- 
able'' and  his  statements  should  re- 
ceive "very  serious  consideration 
from  the  receiver." 

Lawrence  Green,  counsel  for  the 
Harrison  Theatre  &  Realty  Corp.,  in 
arguing  for  the  removal  of  Irving 
Trust  as  receiver  declared  that  Mer- 
lin H.  Aylesworth,  president  of  RKO, 
was  also  a  director  of  Irving  Trust 
Co.,  which,  he  charged,  "results  in 
conflicting  and  disqualifying  inter- 
ests." 

Approval  of  the  RKO  receiver's 
second  report,  filed  last  week  and  dis- 
closing an  estimated  eight  months' 
loss  of  $3,356,552,  was  denied  by 
Judge  Bondy  on  the  grounds  that 
there  was  no  precedent  for  approving 
such  reports. 

San  Antonio  Scales 
Lifted;  Takes  Gain 

(.Continued  from  page  1) 
from  40  to  SO  cents  top.  In  a  recent 
week  when  Duke  Ellington  and  his 
band  were  an  added  attraction  the  top 
was  60  cents.  When  the  Majestic  re- 
sumes vaudeville  with  its  pictures 
soon,  the  top  will  be  60  cents.  When 
on  a  straight  picture  policy  the  top  is 
50  cents. 

The  Texas,  3,000  seats,  is  maintain- 
ing its  old  price  of  50  cents  top.  This 
house  is  on  a  picture  policy. 

The  Empire  has  raised  from  40  to 
50  cents  top.  Also  on  a  picture  policy. 

Before  raising  their  prices,  San  An- 
tonio's first  run  houses  added  to  their 
grosses  by  eliminating  early  matinees. 
From  11  A.  M.  to  1  P.  M.  the  price 
was  25  cents.  By  agreement  the  thea- 
tres eliminated  the  11  A.  M.  opening. 
They  now  open  at  1  P.  M.,  and  instead 
of  25  cents  they  charge  35  cents  until 
6  P.  M.  After  that  the  price  is  50 
cents. 


Tri-State  Acquires 
Des  Moines  Company 

(Continued  from  page  1) 
of  A.  H.  Blank  managers.  Blank  said 
it  was  composed  of  a  number  of  mid- 
west theatre  men  and  intended  to 
"absorb  any  and  all"  theatre  proper- 
ties in  the  midwest  which  are  avail- 
able. 

Several  deals  are  pending,  including 
some  in  Kansas  City.  The  company 
now  controls  22  houses.  G.  R.  Bran- 
ton,  formerly  of  Boston  and  Minne- 
apolis, is  operating  manager. 


Year  Passing 
With  But  One 
Adverse  Law 


(Continued  from  page    1) 

Sixteen  met  twice  and,  if  no  extra 
sessions  are  called,  four  will  have  met 
three  times  by  the  end  of  the  month. 

Approximately  400  pieces  of  ad- 
verse legislation  were  introduced, 
running  the  entire  gamut  from  tax 
bills,  which  came  to  be  regarded  as 
perfunctory  and  routine,  to  measures 
calling  for  censorship,  and  opposition 
to  standing  room,  such  as  one  pending 
now  in  St.  Louis.  Ordinarily,  the  total 
per  annum  hits  about  250. 

In  most  instances,  the  states  have 
been  seeking  money  and  so  developed 
their  legislative  agencies  accordingly. 
Tax  bills,  therefore,  were  more  fre- 
quent than  those  of  ajiy  other  type. 
This  type  of  statute  still  pends  in  Mis- 
souri, Iowa,  Montana,  Kansas,  Colo- 
rado and  Mississippi. 

Isolated  laws  affecting  the  industry 
may  be  enacted,  but  the  prospects  for 
an  almost  100  per  cent  clean  slate 
look  encouraging. 

Missouri  Sales  Tax 
Bill  Is  Agreed  Upon 

Jefferson  City,  Mo.,  Nov.  8 — A 
general  tax  of  one-fourth  of  one  per 
cent  on  sales  of  all  commodities  and 
services  has  been  agreed  upon  by  the 
House  Ways  and  Means  Committee 
for  recommendation  to  the  State  legis- 
lature tomorrow.  The  bill,  a  com- 
promise measure,  follows  Governor 
Parks'  demand  for  immediate  action 
on  taxes  for  relief  and  may  supersede 
all   other  tax  bills. 


Coast  Union  Takes 
Row  to  A,  F.  of  L. 

(Continued  from  page  1) 
hers  were  forced  to  take  cards  in 
other  unions  before  being  permitted 
to  work.  The  local  has  sent  an  open 
letter  to  William  Green,  president  of 
the  A.  F.  of  L.,  appealing  for  his 
help. 

"Make  it  possible  for  us  to  exist  as 
before  July  24,  the  date  the  general 
strike  started,"  the  letter  reads. 

It  has  been  learned  that  the  $33,- 
000,000  suit  brought  against  the 
I.B.E.W.  and  the  Brotherhood  of  Car- 
penters, along  with  the  studios,  charg- 
ing conspiracy  to  break  the  local,  will 
be  carried  through  the  courts. 


Trust  Law  Changes 
Favored  in  Kansas 

(Continued  from  page  1) 
committee  struck  out  much  of  the 
proposed  bill,  leaving  only  a  provi- 
sion that  in  any  court  action  alleg- 
ing violation  of  the  state  anti-trust 
laws,  proof  that  the  act  complained 
of  was  in  compliance  with  a  code  or 
regulations  under  terms  of  the  NRA 
would  be  a  complete  defepse. 


Al  Cohn  in  Customs  Post 

Hollywood,  Nov.  8. — Al  Cohn, 
screen  writer,  has  been  appointed  cus- 
toms collector  for  Los  Angeles  as  a 
reward  for  his  work  in  the  presiden- 
tial campaign  last  year.  He  succeeds 
Dr.  Howard  Seager. 


Code  May  Go 
To  President 
On  Vacation 


(Continued  from  page   1) 

tion  to  study  the  code  carefully  before 
sending  it  along  to  the  White  House. 
Visitors  inquiring  about  the  matter 
were  given  scant  encouragement. 

Meanwhile,  telegrams,  letters  and 
resolutions  endorsing  the  code  con- 
tinue to  come  to  Deputy  Administrator 
Sol.  A.  Rosenblatt  from  independent 
exhibitors  and  their  organizations, 
among  those  received  today  being  a 
wire  from  Allied  Theatre  Owners, 
Inc.,  Nevada,  la.,  and  a  copy  of  reso- 
lutions adopted  by  the  M.P.T.O.  of 
the   District  of   Columbia. 


Farnsworth  Is  Named 
As  Rosenblatt  Aide 

Washington,  Nov.  8.- — Appoint- 
ment of  William  Farnsworth,  who 
served  as  legal  advisor  during  part 
of  the  film  code  hearings,  as  assistant 
to  Deputy  Administrator  Sol  A.  Ros- 
enblatt was  formally  announced  today 
by  the  Recovery  Administration. 


Tickets  at  $30  Net 
Agency's  Suspension 

Washington,  Nov.  8. — Sale  of  two 
tickets  to  the  Music  Box,  New  York, 
for  $30  when  the  box-office  price,  plus 
agency  fee,  should  have  been  $10.45, 
today  drew  for  the  Broadway  Theatre 
Ticket  Co.  a  suspension  of  license  for 
one  week.  The  penalty  was  ordered 
by  Deputy  Administrator  Sol  A.  Ros- 
enblatt in  passing  on  recommendations 
of  the  national  legitimate  theatre  com- 
mittee for  a  two  weeks'  suspension. 

The  Lyceum  was  exonerated  by 
Rosenblatt  of  charges  of  having  failed 
to  comply  with  requirements  of  the 
code  as  to  lobby  posting,  and  the  de- 
cision of  the  committee  holding  the 
theatre  had  violated  the  code  and 
recommending  a  $500  fine  was  re- 
versed. 


lATSE  Man  in  Capital 

Washington,  Nov.  8.  —  Louis 
Krouse,  assistant  to  William  C.  El- 
liott, president  of  the  I.A.T.S.E.,  is 
here  making  arrangements  to  set  up 
an  office  for  the  international. 

The  I.A.T.S.E.'s  idea  is  to  be  near 
the  Administration  on  code  matters, 
particularly  as  they  affect  labor. 


Sennett  Claims  $4,000 

Hollywood,  Nov.  8. — Claims  total- 
ing more  than  $4,000  are  involved  in 
the  involuntary  bankruptcy  filed  in 
Federal  Court  here  against  Mack 
Sennett,  Inc.  Three  creditors  have 
filed  claims.  They  are  the  Smith 
Bros.  Paint  Co.,  Cinema  Props  and 
S.  C.  Shine. 

Walter  C.  Durst,  local  attorney, 
former  receiver  for  the  Hughes  Multi- 
Color  plant,  has  been  appointed  re- 
ceiver for  Sennett  by  Judge  George 
Cosgrave. 


Weiss  to  Start  Soon 

Louis  Weiss  has  started  plans  for 
production  of  "Memory  Lane"  both  in 
New  York  and  Hollywood.  He  is 
now  lining  up  a  cast. 


I*-  .*.  T: 


^Ct-   «- 


Oh,  Mahatma  !"James  Dunn,  with  Cliff  Edwards' 
assistance,   reads    Lona    Andre's    mind. 


Buddy  Rogers  and  June  Knight 
furnishing  the    Love  Interest 


// 


// 


I  Alvt  A  V^HAIMv^C  was  the  one  big  smash  hit  on 
Broadway  last  year.  Week  after  week  it  packed  'em  in  at  $4.40 
top  at  the  Apollo  Theatre  for  thirty-three  consecutive  weeks. 

Laurence  Schwab  who  produced  this  success,  now  brings  it  with 
all  its  laughs  and  music  to  the  screen.  William  Rowland  and 
Monte  Brice,  the  "Moonlight  and  Pretzels"  boys,  ore  associated 
with  Mr.  Schwab  in  this  project.  Bobby  Connolly,  ace  Broadway 
dance  director,  staged  the  dances.  Buddy  DeSylva,  Vincent 
Youmons,  Lew  Brown  and  Richard  Whiting  helped  Mr.  Schwab 
with  the  book  and  the  music.  New  numbers  have  been  added, 
and  "Eadie  Was  A   Lady"  remains   as  ever,   "a   lady". 


"...She  has  Klass  with  a  Capifal  K!" 
Lillian  Roth  singing  "Eadie  Was  a  Lady!" 


N.J*' 


P'^M- 


jJ^ 


with  JAMES  DUNN 
JUNE  KNIGHT     LILLIAN  ROTH 
CLIFF  EDWARDS     LILIAN  BOND 
DOROTHY  LEE     LONA  ANDRE 
CHARLES   "Buddy"   ROGERS 

A  Paramount  Release.    Producer'  by  Laurence  Schwab 
in  association  with  William  Rowland  and  Monte  Brice. 


\ 


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ntt: 


r\:) 


j»«!ji  1 .1    m  »* 


i.  ■'Jitiiiii  iji^gy- 


F   IT'S   A   PARAMOUNT    PICTURE   IT'S   THE    BEST   SHOW   IN    TOWN! 


>r" 


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MOTION  PICTURE 

DAILY 


Thursday,   November  9,    1933 


Coast  Has  48 
In  Work  with 
36  Preparing 


(Continued  from   page    1) 

four  working,  five  preparing,  three 
cutting ;  Warners  have  five  working, 
five  preparing,  10  cutting ;  Universal 
has  five  working,  one  preparing  and 
four  cutting ;  Columbia  reports  two 
working,  two  preparing  and  five  cut- 
ting; United  Artists  has  two  work- 
ing, none  preparing  and  six  cutting, 
while  the  smaller  independent  pro- 
ducers report  a  total  of  seven  work- 
ing, eight  preparing  and  five  in  final 
stages  of  cutting. 

Activity  among  the  short  subject 
producers  is  much  below  par  with  a 
total  of  only  five  in  work,  12  prepar- 
ing and  25  in  cutting  rooms.  Of  this 
number,  the  major  studios  show  only 
one  working,  seven  preparing  and  20 
in  the  cutting  rooms,  while  the  inde- 
pendent group  reports  but  four  work- 
ing, 12  preparing  and  five  in  the  cut- 
ting rooms.  This  survey,  however, 
does  not  include  the  makers  of  cartoon 
subjects,  which,  because  of  their  un- 
certainty in  production  schedules 
stretching  over  a  period  of  months, 
furnish  no  definite  account  of  just 
what  is  in  work. 


Will  Do  Three  Musicals 

Grace  Moore,  opera  star,  is  sched- 
uled_  to  make  an  operetta  for  Col- 
umbia and  one  musical  each  for  M- 
G-M   and   United   Artists. 

She  has  just  come  east  to  fill  an 
engagement  at  the  Afetronolitan  and 
\vill  return  to  the  coast  Dec.  16  to 
sing  in  San  Francisco  and  Los  An- 
geles. Her  film  work  starts  shortly 
after  the   first  of  the  year. 


Hold  Elliott  Funeral 

Cincinnati.  Nov.  8. — Funeral  serv- 
ices for  R.  B.  Elliott,  75.  Lexington, 
Ky..  father  of  John  Elliott,  owner 
of  four  houses  in  Lexington  and  a 
circuit  of  hoiises  throuehout  central 
Kentucky,  who  was  killed  Sunday 
night  bv  a  hit-and-skin  motorist, 
were  held  here.  The  body  was  cre- 
mated. 


Trans-Lux  House  Ready 

The  new  Trans-Lux  theatre  on 
Madison  Ave.  between  S9th  and  60th 
Sts.  will  make  its  bow  tomorrow  eve- 
ning. The  house  seats  450  and  is  a 
stone's  throw  from  the  oricrinal  Trans- 
Lux  on  the  corner  of  58th  St.  and 
Madison  .'\ve.,  which  is  now  dark. 


Fire  at  Columbia 

HoLLVwoon.  Nov,  8. — Eire  in  the 
riittine  room  at  Columbia  today 
caused   $5,000  damage. 


Meet  the  Mayor 

Ralph  Budd,  personnel 
manager  of  Warners,  has  an- 
other title.  He's  now  mayor 
of  Wyckoff,  N.  J.,  where  he 
defeated  his  Republican  op- 
ponent by  180  votes  on  Tues- 
day, it  was  learned  yesterday. 


a 


ff 


You  Made  Me  Love  You 

(Majestic) 

Here's  a  sure  bet  for  audiences  that  go  in  for  light  musicals  with  a 
generous  sprinkling  of  comedy.  It  has  three  haunting  tunes.  Despite  its 
having  been  produced  in  England  by  Devon  Films,  the  picture  should 
get  real  response.  Stanley  Lupino  capers  through,  singing  and  dancing 
with  an  ease  that  makes  his  part  outstanding.  Thelma  Todd  is  better 
here  than  in  anything  she  has  previously  done.  Monty  Banks,  formerly 
in  American  pictures,  directed  and  deserves  considerable  credit  for  turn- 
ing out  this  entertaining  piece.  The  balance  of  the  cast,  while  meaning 
little  to  American  audiences,  support  nobly. 

Smacking  of  "The  Taming  of  the  Shrew,"  the  plot  has  Lupino,  a  song 
writer,  meeting  and  losing  Miss  Todd  in  a  London  traffic  jam  with  the 
result  that  this  incident  gives  him  enough  inspiration  to  write  one  of 
the  song  hits  of  the  season.  He  is  later  thrown  out  of  his  father's  music 
publishing  business  when  he  inadvertently  hits  the  girl's  father  with  an 
inkwell  just  after  the  competing  publisher  has  closed  a  deal  for  merging 
both  concerns. 

His  car  broken  down,  the  hero  drops  into  Miss  Todd's  house  by 
accident  and  asks  for  aid.  He  knows  her  brother  and  later  squares  up 
with  her  father  when  he  is  inveigled  into  marriage  with  Miss  Todd, 
whose  erratic  outbursts  are  causing  havoc  in  the  household.  The.  heroine 
innocently  falls  for  the  scheme,  but  it's  Lupine's  idea  he  can  reform  her. 
After  he  marries  her,  the  hero  puts  her  through  many  an  uncomfortable 
experience  and  almost  has  her  system  cleansed  of  the  wracking  spasms 
when  she  gets  wind  of  the  frameup.  She  lashes  into  her  routine  and 
wrecks  another  house.  Her  husband  gives  her  up  as  a  bad  case,  but 
when  the  owner  of  the  house  informs  Miss  Todd  that  Lupino  was  sin- 
cere and  loves  her,  she  decides  the  experience  was  great  fun  after  all  and 
goes  back. 


"Sweetheart  of  Sigma  Chi*' 

(Monogram) 

Monogram's  college  melodrama  proved  to  be  nice  entertainment  to  a 
Mayfair  audience  yesterday.  It  has  pep,  snappy  tunes  and  an  exciting 
crew  race  to  round  out  the  love  affair  of  Buster  Crabbe  and  Mary  Car- 
lisle.   Florence  Lake  provides  the  humor. 

The  story  has  Crabbe  woman-shy  and  falling  for  Miss  Carlisle.  The 
heroine  up  to  this  point  has  been  courted  by  Charles  Starrett,  another 
member  of  the  rowing  team.  Miss  Carlisle  makes  a  bet  with  her  sorority 
friends  that  she  can  make  the  hero  fall  head  over  heels  for  her  and  she 
does.  When  Crabbe  gets  wind  of  it,  he  calls  the  whole  afifair  ofif  and  is 
razzed  by  his  fellow  students. 

The  heroine  announced  her  engagement  to  Starrett,  and  Crabbe, 
who  has  been  thrown  ofif  the  crew,  makes  an  effort  to  get  back  again. 
He  gets  his  chance  when  Starrett  is  hurt  in  an  auto  accident.  Crabbe 
comes  through  in  perfect  form  and  the  heroine  apologizes  to  him  for 
her  past  treatment,  confessing  she  was  really  in  love  with  him.  The 
hero  forgives  and  all  is  forgiven. 

Ted  Fio-Rito's  orchestra  and  entertainers  provide  the  musical  num- 
bers while  Eddie  Tamblyn,  Sally  Starr,  Mary  Blackford,  Tom  Dugan, 
Burr  Mcintosh  and  Major  Goodsell  lend  good  support  to  the  principals. 

Motion  Picture  Daily  on  Oct.  11  reviewed  the  picture  in  highlight 
form  from  Hollywood. 

"The  Charming  Deceiver'* 

(Majestic) 

This  is  the  picture  Constance  Cummings  recently  made  in  England 
for  British  International.  The  American  star  commands  the  situation 
at  all  times,  despite  the  able  support  of  an  all-English  cast,  mcludmg 
Frank  Lawton,  the  leading  man.  Monty  Banks  has  injected  some  humor- 
ous interludes  and  also  manages  to  include  a  catchy  song  number. 

A  mannequin  in  a  leading  London  dress  shop,  Miss  Cummings  acci- 
dentally meets  Lawton,  falls  in  love  with  him  and  is  about  to  lose  him 
when  he  leaves  for  Deauvilie.  Rather  than  give  him  up,  she  follows 
and  on  the  boat  again  meets  her  lover  as  a  steward.  Enraged  at  the 
deceit,  she  decides  to  forget  the  whole  affair  and  continues  on  her  way 
to  spend  the  fortune  left  by  her  aunt. 

Unable  to  get  a  room  in  one  of  the  hotels,  her  traveling  companion 
tells  the  proprietor  in  one  of  the  swanky  hostelries  that  Miss  Cummings 
is  Dorothy  Kay,  an  American  actress.  That  changes  everything  and 
even  brings  a  new  lover,  who  eventually  takes  her  to  a  yacht  party. 

(Continued  on  paae  9) 


HE  economic  relief 
which  is  so  necessary  should  be 
sought  from  all  those  below  the 
creative  top  in  all  branches  of  the 
industry.  Those  who  produce  re- 
sults are  privileged  to  benefit  as 
their  value  determines.  You  might 
argue  it  is  unsound  economically 
and  that  huge  fortunes  would  go  to 
a  handful  of  marquee  names. 

It  is  true.    They  would,  but  who 
else    deserves   them  ? 

KANN 


Court  Costs  Put  on 
St.  Louis  Plaintiff 

St.  Louis,  Nov.  8.— Circuit  Judge 
Henry  Hamilton  has  ruled  that  the 
plaintiffs  in  the  receivership  suit 
against  Skouras  Brothers'  Enter- 
prises, Inc.,  holding  firm  for  the 
Ambassador,  Missouri  and  Grand 
Central  theatres  and  owner  of  a  ma- 
jority of  the  stock  of  the  St.  Louis 
Amusement  Co.,  must  pay  the  costs 
of  the   litigation. 

Judge  Hamilton  in  August  dis- 
missed Jesse  W.  Barrett  and  Walter 
H.  Nohl  as  receivers  for  the  com- 
pany and  also  Henri  Chouteau  and 
Roy  E.  Britton  as  receivers  for  the 
St.  Louis  Amusement  Co.  The  order 
in  the  Skouras  Brothers  receivership 
does  not  extend  to  the  St.  Louis 
Amusement  case,  but  it  is  under- 
stood that  Judge  Hamilton  will  act 
later  in  this  case. 

The  costs  in  the  two  cases  have 
been  estimated  at  $80,000.  Jack  Shea, 
manager  of  a  theatre  controlled  by 
Harry  Koplar,  and  his  sister.  Miss 
Katie  Shea,  were  the  plaintiffs  of  rec- 
ord in  the  St.  Louis  Amusement  case 
while  the  Skouras  Brothers  suit  was 
brought  in  the  name  of  William  J. 
Blake,  Harry  Koplar,  former  associ- 
ate of  the  Skouras  Brothers,  took  an 
active  interest  in  the  suits  and  the 
defense  claimed  he  was  the  real  mov- 
ing   spirit    behind    both. 


Williams  Named  for 
14th  Term  by  MPTO 

Omaha,  Nov.  8.— Charles  E.  Wil- 
liams was  reelected  president  of  the 
M.  P.  T.  O.  of  Iowa  and  Eastern  Ne- 
braska for  the  14th  term  at  the  recent 
convention  here. 

Other  officers  named  were:  Vice- 
president,  H.  F.  Kennedy,  Broken 
Bow,  Neb. ;  secretary-treasurer,  Wal- 
ter Creal,  Omaha;  board  of  directors, 
Charles  Prokop,  Wahoo,  Neb. ;  Dale 
Goldie,  Cherokee,  la. ;  Harry  Day, 
Ida  Grove,  la. ;  A.  H.  Lehman,  Avoca, 
la. ;  H.  E.  Brookings,  Weeping 
Water,  Neb;  J.  E.  Schnoover,  Au- 
rora, Neb. ;  W.  A.  Bowker,  Dun- 
lap,  la. ;  Dick  Kerberg,  Sheldon,  la. ; 
Nate  Dax,  Sioux  City,  la ;  Sam  Ep- 
stein, Omaha :  Oscar  lohnson.  Falls 
City,  Neb.,  and  A.  H.  Record,  He- 
bron, Neb. 


Riverhead  for  Schwartz 

A.  H.  Schwartz  expects  to  add  the 
new  Riverhead,  Riverhead,  L.  I.,  to 
the  Century  Circuit  around  Christmas 
time.  The  house  is  scheduled  to  open 
Dec.  25. 


Thursday,   November  9,    1933 


MOTION  PICTURE 

DAILY 


"Angel"  Gets 
$20,250  3rd 
Week  in  L.A. 


Weigh  Academy's  Future      Cochrane  Says 


As  Cowan,  Levinson  Resign 


Los  Angeles,  Nov.  8. — "I'm  No 
Angel"  again  ran  away  with  the  big 
money  in  its  third  week  at  Grauman's 
Chinese.  The  take,  $20,250,  was 
about  $4,000  under  the  second  week, 
but  it  was  still  outstanding,  topping 
par   by  $6,250. 

"Take  A  Chance,"  helped  by  Bing 
Crosby  on  the  stage,  was  also  strong 
with  a  gross  of  $23,000.  "Bombshell" 
was  good  for  $15,650  at  Loew's  State. 
Total  first  run  business  was  $114,- 
850.     Average  is  $97,100. 

Estimated  takings  for  the  week 
ending  Nov.  1 : 

"I'M    NO    ANGEL."    (Para.) 
CHINESE— (2,500),   S0c-$1.65,   3rd  week,   7 
days.  Sid  Grauman  prologue.  Gross:  $20,250. 
(Average,  $14,000.) 

"BOMBSHELL"    (M-G-M) 
LOEWS  .STATE^(2,415),  25c-40c,  7  days. 
Ben  Bard  on  the   stage.   Ed   Lowry   and  his 
band.   Gross:    $15,650.    (Average,  $14,000.) 
"TAKE  A  CHANCE"   (Para.) 
PARAMOUNT— (3,598),    25c-40c,    7    days. 
Georgie  StoU  and  his  orchestra,  Bing  Crosby 
on  stage.   Gross:  $23,000.    (Average,  $18,000.) 
"ANN   VICKERS"   (Radio) 
RKO— (2,700),   25c-40c,  2nd  week,  7  days. 
Ooss:    $4,000.    (Average,   $8,000.) 

"THE  KENNEL  MURDER  CASE" 
(Warners) 
WARNER     BROS.     (Hollywood)— (5,000), 
25c-55c,  7  days.  Teddy  Joyce  and  his  orches- 
tra,  Ooss:    $13,000.    (Average,   $14,000.) 
"THE   KENNEL  MURDER  CASE" 
(WcuTiers) 
WARNER     BROS.     (Downtown)— (3,400), 
25c-55c,  7  days.  Max  Fisher  and  his  orches- 
tra.  Gross:    $11,000.    (Average,   $12,000.) 
"BITTER  SWEET"   (U.A.) 
FILM  ARTE— (890),   40c-50c,   7   days.    Dis- 
ney's "Pied  Piper."  Gross:  $2,750.   (Average, 
$2,650.) 

"THE  STRANGER'S  RETURN"  (M-G-M) 
"BEAUTY    FOR   SALE"    (M-G-M) 
CRITERION— (1,610),     25c-40c,      7     days. 
Stage  show.  Gross:  $3,200.  (Average,  $2,800.) 
"DANCE,  GIRL,  DANCE"   (Invincible) 
LOS  ANGELES— (3,000),   15c-25c,  7  days. 
Stage  show.  Gross:  $5,800.  (Average,  $3,700.) 
"WALLS  OF  GOLD"   (Fox) 
ORPHEUM    THEATRE— (2,200),    25c-35c, 
7    days,    10    acts    vaudeville.    Gross:     $4,200. 
(Average,  $4,250.) 

"THE  BOWERY"   (20th  Century) 
UNITED   ARTISTS— (2,100),   25c-40c,    3rd 
week,  7  days.  Sid  Grauman  prologue.  Gross: 
$12,000. 

Court  Rules  Greve 
May  Be  Questioned 

Federal  Judge  Mortimer  W.  Byers 
in  Brooklyn  yesterday  ruled  that 
William  M.  Greve,  former  president 
of  New  York  Investors,  Inc.,  may 
be  examined  prior  to  the  hearing  on 
application  for  his  removal  as  trustee 
in  the  case  of  the  Allied  Owners 
Corp.  bankrupt  affiliated  of  New  York 
Investors.  The  application  for  the 
right  to  examine  Greve  was  made  by 
Archibald  Palmer,  attorney  for  a 
group  of  bondholders.  Greve's  con- 
nection with  Allied  Owners  Corp. 
in  his  capacity  as  head  of  New  York 
Investors  was  cited  as  the  basis  for 
his  removal  as  trustee  for  the  bank- 
rupt. 

Theatre  Changes  Drop 

Weekly  theatre  changes  in  the  local 
area  are  showing  a  decided  decrease, 
the  New  York  Film  Board  of  Trade 
reports.  Generally  there  has  been  be- 
tween 15  to  20  changes  a  week,  but 
now  the  average  runs  between  five 
and  eight.  Exhibitors  have  a  tendency 
to  hold  on  to  houses  because  of  pros- 
pects of  better  <:onditions  and  also 
because  business  at  this  time  of  the 
year  is   at  its  best. 


Wurtzel  Decides  to 
Keep  Studio  Going 

Hollywood,  Nov.  8. — Even  though 
Sol  Wurtzel  goes  through  with  his 
proposed  European  trip  Jan.  1,  the 
Fox  Western  Avenue  studio  will  re- 
mam  in  lull  operation  until  his  return. 
Wurtzel  decided  today  that  it  would 
be  a  bad  move  to  close  the  plant  until 
March  1,  as  previously  planned,  re- 
sulting in  the  laying  off  of  200  trained 
employes. 

Wurtzel's  current  schedule  of  20 
features  calls  for  10  more  pictures  to 
be  delivered  by  April  1.  Five  of  this 
number  will  be  completed  before  the 
first  of  the  year  and  the  balance  will 
be  in  such  shape  that  they  can  be 
completed  after  the  first  of  the  year 
in  the  event  he  does  make  the  Euro- 
pean trip. 

As  far  as  can  be  determined  at  this 
time,  Wurtzel's  1934-35  program  will 
call  for  17  features,  a  decrease  of 
three.  Fox  will  make  a  total  of  52 
features  for  next  year's  program  out- 
side of  a  foreign  quota. 


Charity  Drive  Asks 
Big  Studio  Quotas 

Hollywood,  Nov.  8.— Of  the  $2,- 
954,648  quota  for  the  Los  Angeles 
area  drive  for  the  next  year's  Com- 
munity Chest  drive  $200,000  has  been 
apportioned  to  the  major  studios. 
Quotas  have  been  apportioned  as  fol- 
lows: M-G-M,  $40,000;  Paramount, 
$35,000;  Fox,  $30,000;  Warners,  $30,- 
000;  Radio,  $20,000,  United  Artists, 
including  Sam  Goldwyn  and  20th 
Century,  $20,000;  Universal,  $15,000, 
and  Columbia,  $10,000. 

Quota  for  the  miscellaneous 
branches  of  the  industry,  including  the 
smaller  independent  studios,  will  be 
determined  later  in  the  week  by  the 
committee  headed  by  Fred  Beetson. 

Joseph  M.  Schenck,  Jack  Warner 
and  B.  B.  Kahane  comprise  the 
committee  in  charge  of  the  major 
group   of   studios. 

Bishop  Defends  Screen 

St.  Joseph,  Mo.,  Nov.  8 — Answer- 
ing critics  who  decry  the  influence  of 
films  on  children's  habits  and  morals, 
Rt.  Rev.  Charles  H.  LeBlond,  recent- 
ly consecrated  Catholic  bishop  of  St. 
Joseph,  asserts  the  charges  are  greatly 
exaggerated. 


(Continued  from  page   1) 
ernors  had  decided  to  let  matters  ride 
until  the  organization  was  in  a  strong- 
er   position. 

Levinson  said  he  was  resigning  be- 
cause he  was  in  agreement  with  Cow- 
an's ideas  on  the  Academy  one  hun- 
dred per   cent. 

"After  several  years'  groping,"  he 
said,  "I  definitely  believe  there  is  no 
room  for  technicians  in  the  Academy 
and  I  not  only  resign  as  an  official 
of  that  organization  but  as  a  mem- 
ber as  well." 

Since  Levinson  is  the  dominating 
factor  in  the  technicians'  branch,  his 
resignation  is  taken  as  indicating  a 
general  walkout  of  technicians,  leav- 
ing in  the  Academy  only  directors  and 
producers  who,  it  is  believed,  will  not 
string  along  since  the  former  have 
secretly  been  forming  a  guild  of  their 
own  and  the  latter  have  their  own 
organization. 

The  Academy  has  cut  its  office  staff 
to  three,  having  laid  off  10  persons, 
some  of  whom  have  been  with  it  for 
five  years. 

Cowan  has  left  Hollywood  for  a 
rest. 


Japanese  Like 
Our  Pictures 


Change  Powell  Title 

Hollywood,  Nov.  8.  — i  William 
Powell's  next  for  Warners,  "King  of 
Fashion,"  is  now  "The  Fashion  Plate." 


Coast  Houses  Face 
New  Labor  Problem 

Hollywood,  Nov.  8. — De  luxe 
houses  are  giving  two-week  notice  to 
stage  hands  and  musicians  as  a  re- 
sult of  the  new  wage  scale  submitted 
by  both  unions.  Musicians'  terms  are 
for  a  20  per  cent  increase  effective 
Nov.   19. 

Stage  hands  are  demanding  two 
shifts  of  40  hours,  with  pay  set  at 
$66.50  as  against  a  flat  scale  of  $50 
a  week  for  48  hours'  work.  Their 
demands^fe;-is  said,  would  increase 
overheacj^rore  than  100  per  cent  at 
deluxe  a|j^5^udeville  houses.  If  the 
unions  prove  unable  to  iron  out  diffi- 
culties before  the  two-week  notice  ex- 
pires, there  is  a  possibility  theatre  op- 
erators will  adopt  a  policy  of  straight 
pictures. 


Enjoined  from  Picketing 

Kansas  City,  Nov.  8. — Operators' 
union  here  has  been  enjoined  by  Cir- 
cuit Court  from  picketing  the  subur- 
ban Sun  Theatre.  The  owners  con- 
tend they  are  operating  the  machine 
themselves. 


Skouras  in  St.  Louis 

St.  Louis,  Nov.  8. — Spyros  Skouras 
is  here  conferring  with  Lon  Cox,  in 
charge  of  Skouras  interests.  Skouras 
leaves  for  New  York  tomorrow. 


Sentiment  against  the  United  States 
is  affecting  the  market  for  Ameri- 
can pictures  in  Japan  "not  a  bit," 
declared  Tom  Cochrane,  Paramount 
representative  in  that  country,  in  an 
exclusive  interview  with  Motion 
Picture  Dally  yesterday. 

"As  long  as  good  pictures  are 
shipped  to  Japan  the  country  will  use 
them,"  said  Cochrane.  "The  Japanese 
do  not  allow  any  animosity  they  may 
bear  us  to  interfere  with  their  en- 
joyment of  a  good  American  picture." 
American  films,  according  to  Coch- 
rane, are  highly  popular  with  the 
Japanese,  whom  he  pictured  as.  a 
people  crazy  about  screen  entertain- 
ment. To  meet  the  needs  of  the  Ja- 
panese fans  50O  to  600  feature  pic- 
tures are  turned  out  by  the  native 
studios  alone  in  a  year,  it  was  esti- 
mated by  him. 

Cochrane  said  that  while  our  films 
are  in  great  demand  in  Japan,  the 
people's  first  choice  is  for  the  product 
of  their  own  studios.  It  was  hinted 
the  reason  for  this  is  the  persistence 
of  tradition  in  Japan,  a  tradition  that 
has  its  roots  in  the  heraldry  of  the 
feudal  system  of  the  old  Japan.  Such, 
he  added,  is  not  so  much  the  case  in 
the  cities  as  in  the  rural  districts, 
where  American  films,  tending  to 
clash  with  this  jealously-preserved 
tradition,  are  not  so  readily  under- 
stood by  the  people. 

The  problem  of  sound  is  solved  in 
Japan  by  the  employment  of  super- 
imposed titles,  Cochrane  said.  The 
films  are  screened  in  the  native  the- 
atres just  as  they  are  in  America. 
Nothing  is  taken  away  and  the  only 
thing  added  is  the  superimposed 
titles,  which,  running  up  and  down, 
appear  on  the  dark  areas  of  a  film 
regardless  of  where  those  dark  areas 
may  be.  This  arrangement  has  gen- 
erally done  away  with  the  use  of  nar- 
rators in  Japanese  theatres,  said 
Cochrane. 

No  Japanese  picture  program  con- 
tains Less  than  two  feature  pictures, 
according  to  Cochrane,  who  said  that 
three-feature  programs  are  not  un- 
common. 

"The  people  there,"  he  said,  "want 
a  lot  for  their  money.  They  don't 
care  how  long  the  show  runs." 

The  Japanese  do  not  get  a  chance 
to  see  sexy  pictures  because  all  films 
are  severely  censored  in  Japan,  Coch- 
rane asserted,  adding  what  they  favor 
in  screen  entertainment  is  "anything 
bordering  on  sensation  and  mystery." 
However,  he  said,  if  a  picture  is  good 
the  Japanese  care  little  what  type  it 
may  be. 


Looking  Over  Shorts 


(Continued   from   page    8) 

Here  she  again  meets  Lawton,  who  owns  the  vessel,  but  he  promises 
not  to  give  her  away.  However,  the  star,  who  is  being  impersonated, 
hears  of  the  duplicity  and  orders  her  agent  to  unmask  the  imposter. 
Through  the  benevolence  of  Lawton  this  is  averted,  but  not  after  the 
heroine  misunderstands  the  hero's  true  intentions. 

The  whole  affair  is  straightened  out  when  Lawton  reveals  himself 
as  an  author  and  son  of  a  prominent  publisher  gathering  material  for 
his  next  book.    It  is  pleasing  entertainment. 


Levee  Seeks  Howard 

Hollywood,  Nov.  8. — Mike  Levee, 
business  manager  for  Mary  Pickford, 
was  eastbound  tonight  to  discuss  with 
Gilbert  Miller  plans  to  have  Leslie 
Howard  do  some  film  work  for  Radio 
and  Warners.  The  actor  is  under  en- 
gagement to  appear  in  a  Broadway 
play  for  the  producer. 


Gibson,  Jones  to  Tour 

Hollywood,  Nov.  8. — Hoot  Gibson 
and  Buck  Jones  are  planning  barn- 
storming tours.  Gibson  expects  to 
open    at   the   local    Pantages    in   Dec. 


^^^^N^^^ 


NAMES 


Two  Reels 

STAR   COMEDY 
SPECIALS 


SnxfCt 


NO    COMPANY   EVER 
IN    ONE    SEASON'S 


MUSICAL 
COMEDIES 

ANDY   CLYDE 
COMEDIES 

MORAN&MACK 
COMEDIES 

CORONET 
COMEDIES 

FROLICS  OF 
YOUTH 

TOM   HOWARD 
COMEDIES 

MERMAID 
COMEDIES 


TOM   PATRICOLA 


luM     HOWARD 


Distributed    in   U.  S.  A.    by  FO 


Picked  from  the  top  ranks 
of  the  big  hit  names  of 
radio,  stage  and  screen . . . 
for  your  box-office ...  a 
brilliant  array  of  names, 
never    equalled   in   a 
program  of  comedy  short 
features. . .  splendid  fulfill- 
ment of  E.  W.  Hammons* 
promise    of    a    line    of 
comedies   you   can   ex- 
ploit with  pride  and  profit. 


)FFERED  YOU   MORE 
COMEDIES     •     .    •     • 


f 


One  Ree/ 
TERRY-TOONS 


BABY 
BURLESKS 

SONG    HIT 
STORIES 

THE  TREASURE 
CHEST 

AS     A     DOG 
THINKS 


ROMANTIC 
JOURNEYS 


BATTLE 
FOR    LIFE 


■ILM    CORPORATION 


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TAYLOR    HOLMES 


JUNIOR   COGHLAN 


&iUic<xtioruxJl  U  tcliixnA^ 

THE  SPICE  OFTHE  PROGRAM-        , 


MOTION  PICTURE 

DAILY 


Thursday,  November  9,   1933 


Looking  Over 
New  Shorts 


"The  Little  Broadcasf 

(Paraiiwuitt) 
This  short,  featuring  a  number  of 
popular  radio  headliners,  is  interest- 
ing musical  entertainment.  Arthur 
Tracy,  the  Four  Mills  Brothers,  Don- 
ald Novis  and  Vincent  Lopez  and  his 
orchestra  are  in  it.  Each  is  intro- 
duced by  Roy  Atwell,  who  is  funny 
as  a  radio  announcer.  Running  time, 
10  mins. 


*7're  Got  to  Sing  a  Torch 
Song" 

(Vitaphone) 
One  of  the  "Merrie  Melodies" 
series,  this  short  is  mildly  amusing. 
Its  cartoon  sequences  are  the  better 
part  of  it.  Spoofing  the  universal 
radio  madness,  it  introduces  in  car- 
toon imitations  some  of  the  stars  of 
the  films  and  the  air  waves,  and 
does  it  with  remarkable  fidelity  in 
many  instances.  Running  time,  7  mins. 


"Stung  Again" 

(  Universal) 
Louise  Fazenda  is  featured  in  this 
comedy  concerning  the  misadventures 
of  two  couples  on  a  forest  camping 
trip.  Their  presence  in  the  wilds  is 
resented  by  a  hermit  who  sets  about 
getting  rid  of  them  by  visiting  a  va- 
riety of  pranks  upon  them,  to  their 
great  discomfort.  Good  in  spots  but 
only  mildly  amusing  as  a  whole.  Run- 
ning time,  18  mins. 


"Betty  and  Bob" 

(Master  Arts) 
Two  radio  personalities,  known  as 
Betty  and  Bob,  appear  in  a  sketch  in 
which  Hancey  Castle,  a  poor  girl 
married  to  Allen  Lane,  a  rich  man's 
son,  is  looked  upon  as  an  unwelcome 
member  in  the  family  by  the  boy's 
parents.  However,  when  she  is  re- 
sponsible for  getting  her  father-in- 
law  the  business  of  an  English  finan- 
cier, the  attitude  of  the  in-laws 
changes.     Running  time,   18  minutes. 


"Entertainers" 

(Columbia) 
Will  Mahoney  is  sent  to  a  private 
residence  to  provide  entertainment  for 
a  party.  He  makes  his  entrance  with 
a  mock  holdup  and  proceeds  with  song 
and  dance  acts,  with  the  assembled 
guests  believing  him  to  be  an  escaped 
lunatic.  Arrival  of  the  police  dis- 
closes Mahoney's  identity  and  the  fur- 
ther information  he  had  come  to  the 
wrong  address  and  consequently  en- 
tertained the  wrong  party.  Deserves 
average  comedy  rating.  Running 
time,   17  mins. 


''You,  I  and  the  Gatepost" 

(Educational) 
One  of  the  Robert  C.  Bruce  series 
of  "As  A  Dog  Thinks,"  which  holds 
considerable  interest  for  the  dog  lover 
and  unusual  entertainment  for  the  gen- 
eral fan.  There  are  three  dogs,  and 
as  they  loll,  prance  and  play  around 
their  actions  are  explained  by  a  voice 
which  does  a  thorough  job  of  it.  The 
pedigrees  of  the  canines  are  also  given. 
All  in  all,  it  is  something  different 
and  worthwhile.  Running  time,  8 
minutes. 


Film  News  Writers* 
Total  Down  to  190 

Hollywood,  Nov.  8. — Renewal  of 
press  correspondent  credential  cards 
issued  by  the  Hays  office  shows  a 
slight  decrease  from  the  last  quarter, 
which  is  accounted  for  by  summer 
transient  correspondents  returning  to 
their   home   base   for   the   winter. 

Total  issued  for  the  new  quarter  is 
190,  as  compared  to  203.  Of  this  total 
59  were  issued  to  fan  magazine 
writers;  22  to  outside  newspaper 
writers;  34  to  the  trade  press;  17  to 
the  local  dailies;  11  to  the  wire  ser- 
vice boys,  and  47  to  foreign  corre- 
spondents. 


1,500  Sign  with  Erpi 

The  total  number  of  theatres  sign- 
ing one-year  repair  and  replacement 
agreements  with  Erpi  now  stands  at 
1,500,  reports  C.  W.  Bunn,  general 
sales  manager.  Among  those  who 
have  signed  are  the  Golden  State  The- 
atres 01  San  Francisco,  the  Poli  New 
England  chain,  the  Walter  Reade  the- 
atres in  New  Jersey  and  New  York 
and  th£  Crescent  Amusement  chain 
in    New    Orleans. 


Loeh  Better  Now 

Hollywood,  Nov.  8. — Edwin  J. 
Loeb,  attorney  for  the  Ass'n  of  M.  P. 
Producers  who  was  ill  following  the 
code  deliberations  in  Washington,  has 
virtually  recovered. 


Wittman  in  Miller  Job 

Sig  Wittman  is  temporarily  in 
charge  of  the  Buffalo  Universal  ex- 
change while  David  Miller,  exchange 
manager,  is  recuperating  from  an  ill- 
ness. 


Swanson  Deal  Off 

Hollywood,  Nov.  8. — Gloria  Swan- 
son  and  Joseph  L  Schnitzer  have  mu- 
tually agreed  to  dissolve  their  contract 
with  each  other  for  one  picture,  leav- 
ing Gloria  to  seek  other  plans  or  deals. 

MoMtt  in  Hollywood 

Hollywood,  Nov.  8.^ — John  C.  Mof- 
fitt,  film  critic  of  the  Kansas  City 
Star,  is  spending  four  weeks  in 
Hollywood,  gathering  material  and 
writing  features  for  his  paper  and  the 
North  American  Newspaper  Alliance. 


Women  to  Seek  Ban 
On  Terror  Pictures 

Milwaukee,  Nov.  8. — A  campaign 
to  bar  children  from  unwholesome 
movies  has  been  started  by  the  Mil- 
waukee Women's  Club  with  appoint- 
ment of  a  committee  to  determine  the 
possibility  of  state  legislation.  It  was 
stated  that  if  they  are  unsuccessful  in 
their  efforts  to  stop  terror  pictures 
from  being  produced,  the  club  will 
work  for  a  law  prohibiting  children 
under   14  from  attending  theatres. 


Will  Issue  Bonds 

Washington,  Nov.  8. — The  pro- 
tective committee  of  the  Stanley  The- 
atre, Bridgeton,  N.  J.,  has  been  au- 
thorized to  issue  first  mortgage  six 
per  cent  gold  bonds  by  the  Federal 
Trade  Commission  under  the  Federal 
Securities  Act.  This  is  one  of  the 
first  amusement  issues  permitted 
under  the  new  law. 

The  flotation  will  cover  an  original 
bond  issue  of  $500,000,  the  market 
value  of  which  is  given  currently  at 
$137,500.  The  committee  is  handling 
reorganization  of  the  Mercantile  and 
Theatres   Properties,   Inc. 


tender 

beautiful 

film    in    the 

^Seventh  Heaven^  mood.^^ 

Motion  Picture  Daily 


V  

THE  MOST  GLORIOUS  LOVE  STORY  SINCE  7th  Heaven' 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 

Intelligent 

and 

Faith  fur      . 
Sfervlce*to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  Ill 


NEW  YORK,  FRIDAY,  NOVEMBER  10,  1933 


TEN  CENTS 


"Anger'  Sets 
2  New  Marks 
At  Paramount 


Piles    Up  $261,650  Take 
In  Four-Week  Run 


With  an  anticipated  $55,000  gross 
for  the  fourth  and  last  week  of  "I'm 
No  Angel,"  at  the  Paramount,  the 
Mae  West  picture  garnered  approxi- 
mately $261,650  for  the  entire  run, 
establishing  a  record  for  both  play- 
ing time  and  intake  for  any  film  at 
the  Times  Square  Paramount  unit. 
The  picture  ended  its  month  run  last 
night. 

For  the  initial  week  $83,450  was 
tallied  when  184,000  paid  admissions 
were  checked  in  at  the  Paramount. 
This  figure  broke  the  house  record  for 
95  weeks  and  came  within  $2,450  of 
(Continued  on  page  7) 


Reports  Persisting 
On  Kalmine's  Shift 

Reports  persisted  yesterday  that 
William  Goldman's  successor  as 
Warner  theatre  zone  manager  in 
Philadelphia  will  be  Harry  Kalmine, 
currently!  in  charge  a,t  Pittsburgh. 
Warners  assert,  however,  that  no  suc- 
cessor has  been  named. 

Joseph  Bernhard,  general  manager 
of  the  circuit,  denied  yesterday  that 
I.  J.  Hoffman  would  take  over  Gold- 
man's duties,  temporarily  or  other- 
wise. 


140  Feature  Films 
Planned  by  Germany 

London,  Nov.  9. — One  hundred 
and  forty  features  are  being  planned 
by  German  producers  for  the  new 
season,  according  to  information  re- 
ceived hfere.  This  will  be  seven 
more  than  last  season.  Two  hundred 
and  five  features  were  passed  by  the 
German  censors  in  the  year  ended 
June  30,  it  is  learned,  133  being  of 
German  make,  43  American  and  the 
balance  primarily  French  and  Aus- 
trian. 


Preferred  Pictures 
Formed;  To  Make  12 

Preferred    Pictures,    Inc.,    has    been 

organized    by    J.   G.    Bachmann,    Joe 

Goldberg  and  David  and  Julius  Schlein 

with  plans   set  for   the   production   of 

i    .12   features    during    1934. 

Bachmann    was    formerly    a    produ- 
cer   for    Paramount    and    Radio    and 

(Continued  on  paae  7) 


Dollar  Break  Sends  Up  Income 
From  the  British  Film  Market 

Break  in  the  value  of  the  American  dollar  to  61.96  cents  yester- 
day and  a  consequent  rise  in  English  pound  sterling  to  $5.15 '/z 
bolstered  American  film  revenue  from  England  by  thousands  of 
dollars. 

Remittances  from  London,  in  many  cases,  are  forwarded  at  the 
end  of  each  week.  The  fluctuating  course  of  the  dollar  obviously 
makes  it  impossible  to  figure  exactly  what  the  increase  in  the 
value  of  the  British  pound  will  be  at  the  close  of  business  Satur- 
day, but  the  additional  income  is  expected  to  be  heavy. 


Allied  Fight 
On  Code  Seen 
Breaking  Up 


Washington,  Nov.  9. — Indicating 
a  break  in  the  line  of  Allied  States' 
opposition  to  the  code  in  its  present 
form  and  reconciliation  of  some  of  its 
units  to  the  make-up  of  the  code  au- 
thority without  Abram  F.  Myers,  Al- 
lied general  counsel,  among  its  mem- 
bers, was  the  reported  action  of  Na- 
than Yamins,  head  of  the  New  Eng- 
land Allied  unit  and  a  member  of  the 
national  organization's  board  of  di- 
rectors, in  wiring  his  approval  of  the 
code  to  Deputy  Administrator  Sol  A. 
Rosenblatt. 

Yamins'  reported  approval  is  re- 
garded as  tantamount  to  a  signature 
for  the  code  and  follows  closely  on 
similar  action  taken  by  Lester  F. 
Martin  of  Allied  of  Iowa  and  Ne- 
braska. 


Prosecutor  Probes 
Cleveland  Charges 

Cleveland,  Nov.  9. — Henry  Green- 
berger,  local  circuit  head,  was  exam- 
ined today  by  Don  Hoskins,  Franklin 

(Continued  on   page  6) 


Kuykendall 
Regards  Code 
As  "Flexible" 


M.  P.  T.  O.  A.  is  not  "entirely 
pleased"  with  the  code  in  its  present 
form  but  considers  it  a  "flexible"  pact 
which  can  be  corrected  if  inequities 
develop  under  it,  Ed  Kuykendall, 
president,  said  yesterday. 

"There  are  some  provisions  which 
we  hoped  to  get  into  the  code  that 
are  not  in  it,"  Kuykendall  said.  "How- 
ever, the  M.  P.  T.  O.  A.  feels  that  if 
the  code  operates  to  put  anyone  out 
of  business  it  will  be  changed  prompt- 
ly. It's  only  the  title,  and  the  picture 
hasn't  gone  into  work  yet.  In  our 
opinion,  no  fair  minded  person  or  or- 
ganization, sincere  in  attitude,  has 
anything  to  fear  from  it." 

Kuykendall  came  here  from  Wash- 
ington  yesterday   where   he   conferred 

(Continued  on   page   6) 


Hertz  to  Testify 
At  Para.  Hearing 

John  Hertz,  former  chairman  of 
the  Paramount  finance  committee, 
now    associated    with    Lehman    Bros., 

(Continued   on    page    7) 


MOTION  PICTURE  DAILYU 
HOLLYWOOD  PREVIEW 


*' Blood  Money' 


{ZOtli  Ccutury-U.  A.) 

Hollywood,  Nov.  9. — "Blood  Money"  has  the  elements  of  good  pic- 
ture values,  but  only  a  modicum  of  sympathy. 

The  story  visualizes  the  sordid  activities  of  Bill  Bailey  (George  Ban- 
croft), a  likable  big  shot  who  acts  as  shock  absorber  between  the  under- 
world, jail,  bail  and  freedonL 

Piqued  by  the  strange  psychology  of  a  society  girl  who  gets  a  thrill 

(Coiitinued  on   page  6) 


Code  Shelved 
Until  Return 
Of  Johnson 


Col.  Lea's  Action  Follows 
Talk  with  Johnson 


Washington,  Nov.  9. — No  further 
action  will  be  taken  by  Colonel  W. 
R.  Lea,  acting  recovery  administra- 
tor, with  respect  to  the  film  code  un- 
til General  Hugh  S.  Johnson  returns 
to  Washington  next  week. 

Decision  of  Lea  to  lay  the  code 
aside  was  reached,  it  is  understood, 
after  he  had  laid  the  whole  situation 
before  Johnson  over  the  long-distance 
telephone. 

Lea's  dissatisfaction  with  the  code 
is  hailed  by  independent  exhibitors  as 
a  forerunner  of  major  changes  in  their 
behalf,  but  in  less  interested  circles  it 
is  believed  that  the  acting  administra- 
tor desires  merely  to  make  sure  that 
no  injustice  is  done  in  the  code.  He 
is  not  familiar  with  the  intricacies  of 
the  situation  which  has  kept  the  indus- 
try and  the  Administration  excited 
for  three  months,  and  is  represented  as 
being    anxious    that    General    Johnson 

(Continued  on   page   6) 


Schlaifer  Rejoins 
U.  A.  Sales  Forces 

L.  J.  Schlaifer  yesterday  returned 
to  the  United  Artists  sales  roster 
after  a  two-year  absence,  during 
which  he  was  associated  with  Univer- 
sal and  Bryan  Foy  Prod.  His  new 
post  will  be  special  sales  representa- 
tive working  out  of  the  home  of- 
fice. 

When  Schlaifer  left  United  Art- 
ists to  join  Universal  as  general  sales 
manager,  he  was  western  division 
manager  with  headquarters  on  the 
coast.  He  is  now  working  under  Al 
Lichtman,  vice-president  and  general 
sales    manager    of    U.    A. 


Spy  Stories  Start 
New  Picture  Cycle 

Hollywood,  Nov.  9. — Latest  picture 
cycle  has  to  do  with  spies,  mostly 
women.  This  has  caused  some  changes 
in  studio  schedules. 

Warners,  as  a  result,  have  ordered 
worked  rushed  on  "British  Agent," 
Bruce  Lockhart's  story  which  Robert 
Presnell  and  Pierre  Collings  are 
adapting.  The  picture  will  star  Les- 
lie Howard,  who  is  now  in  London 
doing  a  play.  Howard  will  visit  Rus- 
(Continued  on  page   7) 


MOTION  PICTURE 

DAILY 


Friday,  November  10,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol.  34 


November  10,  1933 


No.  Ill 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 


^•\r^  PUBLISHED  daily,  except  Sunday 
£  jl  J  and  holidays,  by  Motion  Picture 
X^y  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  addreis 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Lite 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour     des-Noues. 

Entered  as  second  class  mat- 
ter 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;    Canada    and    foreign:     wiK,o«..«.t 
$15.     Single    copies:    10    cents. 

Takes  Cleveland  House 

Clevtxand,  Nov.  9. — Nat  Wolf, 
Warner  Zone  manager,  and  C.  R. 
Morley  and  Charles  Doty  of  the 
Hippodrome  Operating  Co.,  today 
completed  negotiations  to  take  over 
the  Hippodrome  on  a  10-yeax  lease 
Nov.  21.  It  is  probable  straight  pic- 
tures will  be  the  policy,  with  "The 
World  Changes"  the  opener.  Product 
includes  Warners,  Fox  and  Colum- 
bia first  runs.  William  Watson  con- 
tinues as  manager.  The  Lake,  pres- 
ent Warner  downtown  outlet,  will 
continue  its  first  run  policy,  playing 
day  and  date  with  the  Uptown  and 
the  Variety. 


Sam  E.  Morris  Returns 

Sam  E.  Morris,  vice-president  of 
Warners  in  charge  of  foreign  sales, 
returned  yesterday  on  the  Rex  after 
a  six-week  business  trip  in  Europe. 
He  visited  London,  Paris,  Amster- 
dam, Barcelona  and   Rome. 


More  Join  Guild 

Hollywood,  Nov.  9. — The  Screen 
Actors'  Guild  has  accepted  the  mem- 
bership of  Katharine  Hepburn,  Nils 
Asther,  Lona  Andre,  David  Torrence 
and  Robert  Young. 


Insiders^  Outlook 


NOW  BOOKING  ENTIRE  U.  S. 
STATE  and  FOREIGN  RIGHTS  for  Salt 
JEWEL  PRODUCTIONS,  723  7th  Ave.  N.Y. 


'T*  EETH,  many  and  sharp, 
■*■  bristle  in  the  executive 
order  establishing  an  imports 
division  in  the  NRA.  Kow  the 
President  may  crack  down  any 
effort  on  the  part  of  the  Holly- 
wood disgruntled  to  shake  off 
Gold  Coast  dust  and  produce 
abroad  is  made  quite  clear  in  the 
general  principles  under  which 
the  regulations  will  work.  For 
instance,  the  section  empowers 
the  President  to  control  all  im- 
ports which  tend  to  endanger  the 
aims  of  recovery  codes  and  agree- 
ments. Not  much  restriction 
there.  The  trend  of  imports  in 
any  industry  may  be  investigated 
merely  by  Presidential  say-so. 
Imports  may  be  restricted  or 
stopped  through  the  simple  ex- 
pedient of  first  making  it  neces- 
sary to  obtain  a  license  through 
the  Secretary  of  the  Treasury. 
It's  a  cinch  that,  if  for  some 
reason  the  secretary  no  like, 
there  will  be  no  license.  .  .  . 


Also  get  a  load  of  this: 
"Harmful  foreign  competition" — 
a  pretty  broad  term — will  be  sub- 
mitted to  Administrator  Johnson 
on  its  way  to  the  White  House. 
Then  will  come  the  decision  to 
permit  importations  of  the  com- 
modity, films  or  otherwise,  or 
not.  The  inferences,  therefore, 
become  quite  clear.  If  a  salary 
check  in  the  code  leads  to  the 
idea  of  making  pictures  abroad, 
their  importation  may  be  blocked 
through  the  NRA's  new  strong 
arm.  You  would  gather  then 
that,  disgruntled  or  otherwise,  the 
Hollywooders  will  remain  in 
Hollywood,  wouldn't  you?  That's 
correct.  .  .  . 

▼ 

Delay  over  the  code  is  leav- 
ing its  mark  on  sales  and  that 
goes  despite  what  you  may  hear. 
What's  happening  is  this :  Some 
exhibitors,  leaning  to  the  code 
as  an  excuse,  are  holding  out  on 


new  deals  in  the  hope  their  delay 
will  influence  distributors  into 
the  lower  rental  brackets.  Around, 
too,  are  stories  some  theatremen, 
number  unknown,  are  piling  up 
hours  on  help  beyond  the  pro- 
visions of  the  President's  blanket 
agreement  and  the  maximums  set 
in  the  proposed  code.  .  .  . 


Demonstrating,  in  the  event 
there  can  be  any  doubt  about  it, 
how  times  have  changed  is  the 
latest  Loew  financial  statement. 
The  company,  still  heavily  in  the 
black,  a  gross  theatre  film  busi- 
ness of  $116,201,937  in  good  old 
'29  and  jumped  to  $129,521,029 
in  '30.  'The  following  year  re- 
corded $120,479,511,  but  it  was 
in  '32  that  the  full  impact  of  the 
cumulative  effect  of  the  depres- 
sion reflected  itself.  In  that  year, 
gross  sagged  to  $107,416,036,  and 
in  '33  to  $80,772,191.  Another 
way  of  looking  at  it :  income 
shrinkage  of  $48,748,838  cur- 
rently as  compared  with  '30.  The 
net,  naturally,  went  the  same 
way.  In  '29,  it  was  $11,756,956. 
In  '30  the  figures  went  blacker  at 
$14,600,332.  Thereafter  came  the 
decline  to  $11,829,994  to  $7,961,- 
314  to  $4,034,289.  And  there  you 
have  an  idea  of  how  it's  been 
going.  .  .  . 


Weeks  ago  when  it  looked  as 
if  the  Four  Marxes  would  release 
through  U.  A.,  Gummo,  other- 
wise known  as  the  Fifth  Marx, 
stepped  out  of  merchandising 
into  films.  Later,  he  went  to  the 
coast  and  didn't  appear  quite  so 
regularly  around  the  Godfrey 
Building.  Now,  he's  around  the 
U.  A.  office  again  and  the  natural 
question  is  why?  The  answer  is 
because,  while  the  Marxmen  are 
talking  very  seriously  to  Para- 
mount on  a  new  picture  deal,  they 
also  may  be  talking  to  United 
Artists.  ...  KANN 


Universal  Gains  Three  Points 

I  Net 

High      Low      Close     Change  Sales 

Columbia    Pictures,    vtc 235^        22%        22?^        ~%  600 

Consolidated   Film  Industries,  pfd 9H         9'A         9-^        -[-  '/J  100 

Kastman    Kodak    76^        74J4        75            -f  J4  1,500 

Eastman     Kodak,    pfd 126'4      126J^      126'/^        —15^  5,000 

Fox   Film    "A" IS            14!^        14i^        +  H  500 

Loew's,    Inc 31'A        29H        29%        —  ii  3,400 

Paramount   Publix   Iji          154          1J4        —14  300 

Pathe   Exchange    IH          I'A          1%        +  Vs  300 

Pathe  Exchange  "A" S'A          SVs         Syi        -f  'A  1.100 

RKO    .   2Vs         2'A         2Vs       -t-  -4  200 

Tniversll    Pictures,    pfd 20           19|4        20           4-3  4,000 

Warner    Bros 7%          6M          6H        ~  Vf.  23,600 

Technicolor  Off  Five  Eighths 

Net 

Hiirh      Low      Close     Change  Sales 

Technicolor   11^        10%        10%        —  %  1,200 

Warner  Bros.  Up  One  and  Quarter 

Net 

High      Low      Close     Change  Sales 

General   Theatre   Equipment   6s   '40 4             4             4           —  Yg,  1 

Paramount    F.    L.   6s    '47 27^        27!^        27'/$        4 

Paramount    Publix    5^s    '50 27!^        27'/4        27'/^        1 

Warner   Bros.  6s   '39,  wd 4154        40           41j4        -)-lJ4  47 


i  Purely 
Personal  ► 


EDDIE  CANTOR  arrives  in  tOAvn 
from  the  coast  Sunday.  He  will 
resume  his  radio  broadcasting  the  fol- 
lowing Sunday.  Later  he  will  return 
to  Hollywood  to  make  another  film 
for  Samuel  Goldwyn. 

Spyros  Skouras  returns  today 
from  St.  Louis,  where  he  has  been  con- 
ferring with  LoN  Cox. 

Howard  Hughes,  reported  due  in 
New  York  earlier  in  the  week,  has 
not  made  an  appearance  as  yet. 

H.  B.  Warner,  the  actor,  has  re- 
turned from  London  to  resume  pic- 
ture work  on  the  coast. 


Cowan,  Levinson  Hit 
For  Leaving  Academy 

Hollywood,  Nov.  9. — Denying  film 
technicians  intend  forming  their  own 
guild.  Major  Nathan  Levinson,  who 
resigned  yesterday  as  executive  chair- 
man of  the  technicians'  branch  of  the 
Academy  of  M.  P.  Arts  and  Sciences, 
jointly  with  Lester  Cowan,  said  to- 
day the  plan  is  to  set  up  a  research 
bureau  to  carry  on  the  same  work 
accomplished  by  the  Academy.  If  the 
thing  goes  through  producer  capital 
will  be  called  upon. 

Commenting  on  the  resignations,  B. 
B.  Kahane  said  he  could  not  under- 
stand why  so  much  importance  was 
set  on  Cowan's  move.  Waldemar 
Young  declared  the  Academy  could 
carry  on  without  politics  and  "sore- 
heads." Darryl  Zanuck  referred  to 
Cowan  as  "a  capable  executive  but  a 
fall  guy  for  many  people."  Howard 
Green  called  Cowan's  resignation  "a 
disgrace."  No  comment  came  from  J. 
Theodore  Reed,  head  of  the  Academy. 

Green  has  called  a  meeting  of  the 
board  and  the  executive  branch  heads 
for  tomorrow. 


McFarland  to  Sell 
Columbia's  Shorts 

J.  W.  McFarland  has  been  placed 
in  charge  of  Columbia  short  subject 
sales,  a  newly  created  post  under  Abe 
Montague,  general  sales  manager.  Mc- 
Farland was  formerly  engaged  in  pro- 
motion work  for  Columbia  and  was 
eastern  representative  for  Walt  Dis- 
ney for  a  number  of  years. 


Brown  Goes  to  Coast 

George  Brown,  advertising  and 
publicity  head  of  Columbia,  left  last 
night  for  the  coast  on  a  hurry  call. 
He  arrives  there  Monday  and,  ac- 
cording to  present  plans,  expects  to 
fly    back,    returning    Nov.    19. 


Plans  Goldman  Dinner 

Philadelphia,  Nov.  9. — Local  film 
men  are  planning  a  farewell  dinner 
for  William  Goldman,  who  resigned 
as  Warner  theatre  zone  manager 
earlier  this   week. 


Krumgold    With   M-G-M 

Joseph  Krumgold,  formerly  with 
M-G-M  and  later  with  Paramount  on 
the  coast,  has  rejoined  the  first  com- 
pany to  assist  in   production  abroad. 


NEWS  OF 
WEEK  IN 
PHOTO- 
REVIEW 


r^ 


>rfV 


,-^» 


-^i 


"''^sr^ 


^v  -".^  /  J 


VISITING  FIREMAN  on  "Dark 
Hazard"  set  is  chief  Ed  Wynn,  on 
lookout  for  flames  during  Robinson- 
Tobin  love  scenes  in  W.  R,  Burnett's 
book-of-the-month  now  filming." 


HERE  SHE  IS,  MEN!  Warners  ex- 
pect beaucoup  results  from  exotic 
importation,  Kathryn  Sergava, 
whose  first  role  will  be  opposite 
Warren  William  in  "Bedside."" 


e>'<J^s^ 


ROUSING  RE- 
TURN of  William 
Powell  as  Philo 
Vance  in  "Ken- 
nel Murder  Case" 
prompts  immedi- 
ate purchase  by 
Warner  Bros,  of 
"Dragon  Murder 
Case,"  latest 
story  hit  by  S.  S. 
Van  Dine.* 


i?m0>i^ 


v^ 


^» 


3RD  MUNI  WEEK  registered  by  N.  Y. 
Hollywood  as  trades  report  sock  business 
for  "World  Changes"  in  St.  Louis  and 
Boston  openings. " 


COAST  TO  COAST 
MARCH  of  "Foot- 
light  Parade"  rec- 
ords adds  Philly, 
Seattle,  Rochester, 
Cincy  to  endless 
chain  of  greater- 
than-"Gold  Dig- 
gers" grosses.* 


'WISE,  SMART  AND  SAUCY'  is  A^.  Y. 

Mirror's  praise  for  "Female"  at  Strand 
as  Variety  reports  Detroit's  Michigan 
"going  strong"  with  Chatterton's  big- 
gest show." 


LITTLE  BOY  'BLUE' 

awarded  three- 
year  contract  for 
Vitaphone  Short, 
series  as  Warners 
win  producer  race 
for  Ben  Blue,  noted 
vaude  and  radio 
funnyman. 


•A  Warittr  Bros.  Picture    "A  firs!  National  Picture     Vitagraph,  Inc.,  Distributors 


DOUGH  •  RE  •  ME 
IN  THE  BOX-OFFICE 


WALTER   WINCHEIL'S  Rv   BROADWAY  THR 


IN  MUSICAL 


"Color,  excitement  — 
bright  —  racy  —  witty, 
Winchellian  —  grand 
entertaiment." 

—   Daily  Mirror 


EWTERTA IRMENT 


DARRYLEZANUCK  PRODUCTION 


WITH  THIS  GREAT  CAST 


"Grand  eye  and  ear 
entertainment." 

—  Evening  Jourryul 


i 
ConstQ 


BloisomSIELEY*  Gregory  RATOFF  •Texas  GUINAN 


"Thrilling  —  Lavish  — 
Tuneful  — E  xciting." 

—  Morning  Jclegrtifh 


k  KEYHOLE'lVSTRIKES  A  NEW  HIGH  NOTE 


IT'S   THE    SECOND    BIG 


TED  BY  JOSEPH  M.  SCHENCK 


e  CUMMINGS 


ances WILOIM; 


"Tremendous  enter- 
tainment. Will  be  the 
forerunner  of  musical 
pictures." 

—  Boilon    Globe 


COLUMBO«Paul  KELLY 


ABE  LYMimSSElSn 


RELEASED   THRU 

UNITED 
ARTISTS 


MOTION  PICTURE 

DAILY 


Friday,  November  10,   1933 


Code  Shelved 
Until  Return 
Of  Johnson 


(Continued  from  page   1) 
personally    shall    take   charge   of   the 
matter. 

Apparently  impressed  by  the  argu- 
ments presented  last  week  by  inde- 
pen4ent  exhibitors  with  whom  he 
conferred,  Colonel  Lea  appears  de- 
sirous that  the  code  shall  receive  care- 
ful scrutiny  so  tliat  it  may  not  later 
be  charged  that  it  was  unduly  ad- 
verse to  any  group  in  the  industry.  It 
has  been  consistently  demanded  by 
administration  officials  that  every 
group  in  an  industry  shall  have  its 
day  in  court  and  that  its  presentation 
shall  be  thoroughly  studied. 

With  the  code  thus  temporarily 
shelved,  it  is  not  believed  it  will  go 
to  the  President  for  approval  before 
he  leaves  for  his  Thanksgiving  vaca- 
tion at  Warm  Springs,  Ga.,  Nov.  17. 
While  General  Johnson  will  return  to 
Washington  probably  on  Nov.  14,  he 
will  find  many  matters  demanding 
immediate  attention,  with  little  like- 
lihood that  he  will  be  able  to  spare 
the  time  required  to  go  over  the  film 
code.  However,  the  President,  al- 
though out  of  the  city,  will  not 
entirely  divorce  himself  from  his  work 
and  it  is  probable  that  if  he  does  not 
get  the  code  before  he  leaves  Wash- 
ington it  will  be  sent  to  him  at  Warm 
Springs  and  there  approved.  On  the 
basis  of  present  conditions,  therefore, 
it  is  not  likely  that  the  agreement 
will  go  into  effect  until  the  early  part 
of  December. 


Gains  in  Burlesque 
Told  at  Code  Hearing 

Washington,  Nov.  9. — Burlesque 
is  staging  a  comeback  and  there  is  a 
shortage  of  talent,  it  was  brought  out 
today  at  the  hearing  on  the  recovery 
code  for  the  industry  before  Deputy 
Administrator  Sol  A.  Rosenblatt. 

According  to  Paul  Weintraub,  asso- 
ciate counsel  for  the  National  Bur- 
lesque Ass'n  of  America,  one  pro- 
ducer had  to  send  to  the  Pacific 
Coast,  apparently  Hollywood,  to  get 
girls  to   fill  his  chorus.  

The  code  provides  a  minimum  of 
$40  a  week  of  52  hours  for  motion 
picture  operators  and  musicians.  But 
it  was  urged  by  William  C.  *Elliott, 
president  of  the  I.A.T.S.E.,  that  the 
maximum  week  be  reduced  to  40 
hours,  which,  he  said,  would  increase 
employment  by  45  to  50  per  cent. 


Freuchen  Describes 
Making  of  "Eskimo'' 

Peter  Freuchen,  author  of  "Es- 
kimo," yesterday  gave  the  A.  M.  P. 
A.  the  lowdown  on  how  the  M-G-M 
picture  was  made  in  the  Arctic  and 
Antarctic.  Capt.  Volney  Phifer,  who 
has  been  touring  with  Leo,  the  M- 
G-M  living  trademark,  also  spoke  and 
exhibited  two  penguins  which  appear 
in  "Eskimo."  Ann  Ronell  of  "Who's 
Afraid  of  the  Big  Bad  Wolf"  fame, 
entertained  with  a  rendition  of  the 
number. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


(.Continued  from  page   1) 

out  of  knowing  and  associating  with  underworld  characters,  Bailey 
eases  away  from  his  mistress,  takes  up  with  a  new  girl  to  find  his  old 
flame's  brother,  an  alleged  bank  robber,  stepping  out  with  the  peach 
also.  Complications  ensue  when  Bailey  goes  copper,  thinking  himself 
double-crossed  by  the  boy,  who  is  out  on  his  bail  bond.  His  former 
mistress  puts  the  underworld  finger  on  him. 

In  spotlighting  malicious  bail  bond  practices,  the  story  scatters  its 
human  fire,  although  the  film  moves  with  power  and  vitality  in  the 
early  reels. 

After  nearly  two  years'  absence  from  the  screen  Bancroft  renders  a 
creditable  performance.  Frances  Dee  turns  in  an  expert  rendition  of 
Judith  Anderson's  work  with  little  chance  to  emote.  Chick  Chandler 
handles  his  first  dramatic  role  well.  Blossom  Seeley  is  swell  in  a  singing 
bit. 

Rowland  Brown's  direction  is  always  imaginative  and  virile  and 
reveals  the  drama  with  distinctive  twists,  ironical  flashes  and  cynical 
hokum  laughs.  What  the  story  lacks  in  emotional  impact  and  heart 
interest  is  made  up  in  strength. 

Where  Bancroft  is  still  a  draw  and  where  newspapers  will  go  for  the 
bail  racket  exploitation,  "Blood  Money"  has  box-office  possibilities  as  a 
good  program  picture. 


Looking  ^Em  Over 


"College  Coach'' 

(IVarriers) 

First-class  humor  keeps  this  story  running  entertainingly  between  the 
football  sequences.  Unlike  a  lot  of  the  football  pictures  of  recent  years, 
it  is  the  story  of  a  coach's  ruthless  methods  rather  than  the  emotional 
problems  of  the  players  themselves. 

Pat  O'Brien,  wb«  devotes  all  his  time  to  getting  publicity,  inventing 
ways  of  winning  games,  whether  fair  or  questionable,  digging  up  semi- 
professionals  and  getting  them  through  their  examinations,  nearly  loses 
his  wife  to  one  of  the  players  because  she  is  annoyed  by  his  lack  of 
attention. 

When  she  finds  her  husband's  career  at  stake  in  a  crucial  game,  she 
sends  the  boy  friend  back  into  the  game  in  spite  of  everything.  Ann 
Dvorak  as  the  wife  is  practically  the  only  feminine  interest  in  the  pic- 
ture, and  she  does  a  very  good  job  of  it.  Dick  Powell  and  Lyle  Talbot, 
as  the  star  athletes,  make  the  football  angles  seem  real. 

It's  timely  and  decidedly  robust.  Football  fans  with  a  cynical  slant 
on  some  phases  of  college  athletics  will  probably  go  for  it,  but  its 
appeal  for  women  customers  is  weak. 


A.  D,  Rosen  Demands 
Allied  Retraction 

Detroit,  Nov.  9.— Adrian  D. 
Rosen,  attorney  for  Lew  Kane  of  the 
Mayfair  and  A.  Ruttenberg  of  the 
Isis  and  leader  in  the  formatjon  of 
a  Detroit  exhibitors'  organization,  to- 
day made  formal  demand  under  the 
Michigan  libel  laws  for  an  unquali- 
fied retraction  from  Allied  and  H.  M. 
Richey,  its  business  manager,  for  al- 
legedly defamatory  statements  made 
against  him  in  its  bulletin  of  Nov.  1, 
which  is  said  to  have  referred  to  him 
as    "one    small    Detroit    attorney." 

Rosen  yesterday  appeared  before  the 
directors  of  Allied  as  representative 
of  the  new  exhibitor  group  and  de- 
manded the  removal  of  Richey  and  of 
all  directors  also  serving  on  the  board 
of  Mid-States,  an  affiliate  of  Allied. 
Rosen  gave  notice  that  if  no  answer 
were  forthcoming  within  10  days  he 
would  definitely  go  ahead  with  plans 
to.  organize  the  new  organization  on  a 
permanent  basis. 


Littleiield  Denies 
Speaking  for  Allied 

Walter  B.  Littlefield,  Boston  ex- 
hibitor, and  a  member  of  the  Inde- 
pendent M.P.T.O.  of  New  England, 
an  Allied  affiliate,  denies  that  Allied 
had  any  connection  with  the  recent 
meeting  of  the  Massachusetts  Civic 
League,  at  which  he  was  one  of  the 
speakers. 

He  was  there  and  spoke,  he  says,  "as 
the  only  exhibitor  in  Boston  who 
had  been  in  Washington  as  late  as 
early  October." 

The  league  went  on  record  in  favor 
of  changes  in  the  code  to  cover  block 
booking,  blind  buying,  the  right  to 
buy  and  tying  in  of  shorts  ,with  fea- 
ture sales. 


Gersdorf   Pinch-Hitting 

Hollywood,  Nov.  9. — Phil  Gers- 
dorf will  take  over  the  duties  of  Lynn 
Farnol,  publicity  representative  for 
Samuel  Goldwyn,  when  Farnol  leaves 
for  a  three  months'  trip  to  New  York. 


Kuykendall 
Regards  Code 
As  "Flexible'' 


(Continued  from  page  1) 
with  NRA  officials  on  matters  pertain- 
ing to  NRA  administration  in  Mis- 
sissippi, where  he  is  state  administra- 
tor. He  plans  to  remain  until  the  first 
of  next  week  and  will  formulate  plans 
for  this  year's  national  M.P.T.O.A. 
convention   while   here. 

In  the  next  few  weeks  Kuyken- 
dall will  attend  12  meetings  of  re- 
gional exhibitors'  organizations  which 
are  slated  to  act  on  the  code.  He 
said  of  five  such  meetings  already 
held,  all  have  resulted  in  ratification 
of  the  code. 


Prosecutor  Probes 
Cleveland  Charges 

(Continued  from  page  1) 
County  prosecutor,  regarding  a  re- 
port that  the  Cleveland  M.  P.  Exhib- 
itors' Ass'n  had  spent  $10,000  to  de- 
feat the  recently  enacted  Ohio  amuse- 
ment tax. 

Senator  William  H.  Herner  was  in- 
dicted last  week  on  a  charge  of  hav- 
ing solicited  a  $1,500  bribe  while  the 
bill   was   pending   in  the   Senate. 

Greenberger  is  said  to  have  ad- 
mitted that  he  recently  stated  the  as- 
sociation had  spent  the  $10,000,  but 
explained  that  during  the  excitement 
of  the  moment  he  had  failed  to  make 
plain  that  this  amount  covered  a  per- 
iod of  years  as  well  as  all  Cleveland 
expenditures. 

George  W.  Erdmann  was  also  in- 
terviewed. He  volunteered  to  fur- 
nish the  prosecutor  with  a  financial 
statement  in  the  form  of  an  affidavit 
by  Nov.  12.  Erdmann  remarked  to 
the  prosecutor:  "Unlike  any  other 
business,  exhibitor  organizations  gen- 
erally contain  many  members  quite 
irresponsible  for  word,  deed  and  ac- 
tion." 


Ohio  Independents 
To  Organize  Today 

Columbus,  Nov.  9. — Permanent  or- 
ganization of  the  new  independents' 
group  under  the  name  of  the  Inde- 
pendent M.  P.  League  of  Ohio  is  ex- 
pected at  a  meeting  to  be  held  here 
tomorrow. 

Officers  will  be  elected  and  a  con- 
stitution adopted.  Ernest  A.  Schwartz, 
president  of  the  Cleveland  M.  P.  Ex- 
hibitors' Ass'n,  is  temporary  chairman. 

An  immediate  fight  on  the  10  per 
cent  tax  is  planned. 


Chase  Deals  in  Fox 
Will  Be  Aired  Today 

Washington.  Nov.  9.^0perations 
of  the  Chase  National  Bank  and  its 
investment  subsidiary,  the  Chase  Se- 
curities Corp.  in  Fox  and  General 
Theatres  stocks  will  be  studied  to- 
morrow by  the  Wall  Street  investigat- 
ing committee  of  the  Senate 

Albert  H.  Wiggin,  former  president 
of  the  bank,  is  expected  to  appear  be- 
fore the  committee  to  discuss  the  han- 
dling of  these  stocks. 


Friday,  November   10,   1933 


MOTION^  PICTURE 

DAILY 


66 


AngeF'  Sets 

2  New  Marks 

At  Paramount 


(Continued  from  page   1) 
"Finn    and    Hattie,"    which    garnered 
$85,900,    with    Maurice    Chevalier    on 
the  stage. 

Tally  for  the  second  week's  run 
was  $68,200,  followed  by  a  gross  of 
$55,000  for  the  third  stanza.  Para- 
mount was  considering  holding  the 
picture  a  fifth  week,  but  because  of 
the  congested  playdates  as  a  result 
of  holding  it  a  month,  it  was  decided 
to  catch  up  on  releases. 

Before  the  West  picture  was  defi- 
nitely booked  into  the  Paramount, 
Boris  Morros,  managing  director,  put 
up  a  stiff  fight  prior  to  a  switch  in 
the  original  Rivoli  booking.  Accord- 
ing to  an  agreement  between  Para- 
mount and  United  Artists,  made  at 
the  time  the  latter  took  the  Rivoli 
from  Paramount,  U.  A.  entered  into 
a  deal  for  three  Paramount  releases 
this  season.  "I'm  No  Angel"  was  one 
of  the  trio  selected,  but  due  to  a 
number  of  U.  A.  releases  on  hand,  it 
was  agreed  not  to  hold  up  the  West 
film  and  to  date  it  into  the  Times 
Square  house.  U.  A.  at  the  same  time 
canceled  "The  Way  to  Love"  and  de- 
cided to  take  "Duck  Soup."  The 
Four  Marx  Brothers'  picture  is  now 
the  center  of  a  controversy  similar 
to  "I'm  No  Angel." 


Spy  Stories  Start 
New  Picture  Cycle 

(Continued  from   parte    1) 

sia  with  completion  of  his  engage- 
ment, where  he  will  study  local  atmos- 
phere. 

B.  P.  Schulberg's  "Reunion,"  an- 
nounced as  his  first  for  Paramount 
following  his  return  from  Europe,  has 
been  temporarily  called  off. 

The  reason  is  that  when  he  first 
planned  the  film  in  March  the  picture 
was  the  first  woman  spy  story  on 
studio  programs  in  five  years.  At 
present,  however,  the  film  would  com- 
plete a  cycle  of  stories  of  the  same 
calibre.  Schulberg  considers  the  story 
too  good  for  immediate  production 
under  the  circumstances. 

"Good  Dame"  an  original  by  Wil- 
liam Lipman  has  been  moved  un  into 
first  place  on  the  schedule.  Sylvia 
Sidney  will  be  starred  and  Marion 
Gering  will  direct. 


Marie  Dressier  Fete 
Draws  Film  Leaders 

Hollywood,  Nov.  9. — Approximate- 
ly 500  film  personalities  tonight  at- 
tended the  62nd  birthday  celebration 
of  Marie  Dressier  at  the  M-G-M  stu- 
dio. The  event  was  broadcast  over  the 
NBC  national  network  in  the  United 
States  and  also  to  Europe  and  Eng- 
land. 

Louis  B.  Mayer  was  toastmaster 
and  Pete  Smith  acted  as  master  of 
ceremonies.  Governor  James  Rolph, 
Mary  Pickford,  Norma  Shearer,  Lio- 
nel Barrymore,  Polly  Moran.  Jean- 
nette  MacDonald,  Nelson  Eddy  and 
Jimmy  Durante  were  among  the  en- 
tertainers  and  speakers. 


Huffman  Experimenting 
With  Day  and  Date  Runs 


Denver,  Nov.  9. — Another  try  at 
day  and  date  pictures  at  the  Aladdin 
and  Denver  is  being  made  with 
"Footlight  Parade,"  which  started  its 
run  at  both  houses  today.  Since  Sept.  7 
three  other  films  have  been  run  sim- 
ultaneously at  both  houses,  mostly 
with  good  results  with  the  exception 
of  the  last  one,  "Broadway  Thru  a 
Keyhole." 

"Broadway  Thru  a  Keyhole" 
grossed  $3,500  at  the  Aladdin,  with 
an  average  of  $3,000,  while  at  the 
Denver  the  gross  was  only  $4,500, 
against  an  average  of  $6,000.  Possi- 
ble explanations  are  seen  in  the  fact 
that  the  Aladdin  is  located  two  miles 
from  the  downtown  section,  where  it 
is  easier  to  secure  parking  space. 
There  is  also  a  differential  in  prices. 
Top  price  at  the  Denver  is  50  cents, 
while   at   the   Aladdin   it   is   40   cents. 


with    the    exception    of    a    number    of 
loges  at  50  cents. 

"Masquerader"  did  much  better  in 
proportion  at  the  Aladdin  than  at  the 
Denver.  "The  Bowery,"  the  second  of 
the  day  and  date  films  recently  at 
these  houses,  also  did  much  better  at 
the  Aladdin  than  the  Denver. 

The  differential  has  been  maintained 
as  an  experiment.  Harry  Huffman, 
managing  director,  also  figured  each 
house  had  pretty  much  its  own  clien- 
tele, which  would  go  to  whichever 
theatre  suited  its  fancy  regardless  of 
price.  The  probabilities  are  that  if 
the  grosses  on  "Footlight  Parade"  are 
as  widely  separated  as  they  were  on 
"Broadway  Thru  a  Keyhole"  it  will 
mean  that  no  more  features  will  be  run 
day  and  date,  or  that  the  prices  will 
be  the  same  in  both  houses. 


Start  Trips  Soon 

Herman  Wobber  is  in  New  York 
from  a  Fox  sales  trip.  He  and  John 
D.  Clark,  general  sales  manager,  ex- 
pect to  jointly  visit  Boston  over  the 
week-end,  spend  all  of  next  week 
dropping  in  on  nearby  exchanges  and 
then  take  in  wider  territory,  prob- 
ably terminating   on  the  coast. 


Johnston  Goes  to  Canada 

W.  Ray  Johnston,  Monogram  pres- 
ident, left  last  night  for  Toronto  to 
confer  with  Oscar  Hanson,  head  of 
Empire  Films,  Ltd.,  on  the  deal 
whereby  Hanson  takes  over  Mono- 
gram  distribution   in   the    Dominion. 

Johnston  was  accompanied  by  Ed- 
ward  Golden,  general   sales   manager. 


Hertz  to  Testify 
At  Para.  Hearing 


(Continued  from  page  1) 
downtown  banking  firm,  will  be 
placed  on  the  stand  at  a  resumed  meet- 
ing of  Paramount  Publix  creditors 
before  Referee  Henry  K.  Davis  to- 
day. Attorneys  for  the  Paramount 
Publix  trustees  in  bankruptcy  will 
begin  the  examination  of  Hertz  and 
creditors'  attorneys  may  follow  with 
their  own  examination.  It  is  at 
the  request  of  Saul  E.  Rogers  and 
Samuel  Zirn,  counsel  for  Paramount 
Publix  bondholders'  groups,  that 
Hertz   is  being   placed  on  the   stand. 


Preferred  Pictures 
Formed;  To  Make  12 

(Continued  from  page  1) 
several  years  ago  was  associated  with 
B.  P.  Schulberg  and  Al  Lichtman 
in  another  Preferred  Pictures.  Bach- 
mann  is  president,  with  Goldberg  as 
vice-president,  David  Schlein  as 
treasurer  and  Julius  Schlein  as  sec- 
retary. Goldberg  was  former  gen- 
eral sales  manager  for  Columbia. 
Bachmann  is  on  the  coast  preparing 
to  start  the  first  feature.  Sales  have 
been  set,  the  company  states,  in  New 
York,  Albany,  Buffalo,  Philadelphia, 
Washington,  Boston,  New  Haven, 
Los  Angeles  and   San  Francisco. 


''Beautifully 
enacted  and  pro- 
duced ^A  Man^s  Castle' 
is  a  romance  belonging 
in  the  popular  category  of 
^Seventh  Heaven.^  ^^  .      ^  . 


Screen  Book 


THE   MOST  GLORIOUS   LOVE   STORY  SINCE  "7th  HEAVEN"! 


A  FRANK  BORZAGE  Production 
with  SPENCER  TRACY  -  LORETTA   YOUNG 

Screen   Play   by   Jo   Siverling 
jgiffiSi    From    the   play    by   Laurence   Hazard        ^H^H 

A    COLUMBIA    PICTURE 


II  on  [A 


PARAMOUNT 
PICTURE 
it's  the  best 
show  in  town 


PARAMOUNT 


PICTURE 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  112 


NEW  YORK,  SATURDAY,  NOVEMBER  11,  1933 


TEN  CENTS 


Allied  Ousts 
Lester  Martin 
For  Code  O.K. 


Yamins    Wires    He   Has 
Not  Signed  Document 


Washington^  Nov.  10. — Lester  F. 
Martin,  business  manager  of  Allied 
of  Iowa  and 
Nebraska,  today 
was  dismissed 
from  the  national 
association  on  a 
charge  of  disloy- 
alty, ordered  to 
discontinue  the 
use  of  the  name 
Allied  in  his  ter- 
ritory and  to  in- 
form his  members 
he  "had  no 
further  connec- 
tion with  this  as- 
sociation." 

Abram  F.  My- 
^ers,  general  coun- 
sel of  Allied,  so  advised  Martin  by 
wire  on  authority  of  the  board  of 
directors.  The  break  is  the  first  im- 
portant one  in  the  Allied  line. 

Myers,  at  the  same  time,  released 
copies  of  a  wire  received  from  Nathan 
Yamins  in  which  the  Allied  leader 
from  New  England  denied  he  had 
signed  the  proposed  code. 

In  his  wire  to  Martin,  Myers  said : 

"In   pursuance   of   motion   made   at 

Allied  board  meeting  in  Chicago,  Oct. 

24,    that    Allied    franchises  .in    your 

(.Continued  on   page   4) 


I>.   F.  Martin 


B,  F.  Keith  Reports 
Net  Loss  $354,038 

B.  F.  Keith  Corp.  and  subsidiaries 
report  a  net  loss  of  $354,038.53  for  the 
nine  months  ending  Sept.  30.  This 
compares  with  a  net  profit  of  $457,- 
178.86  for  the  same  period  last  year. 

The  report  shows  there  was  a  profit 
of  $326,493.37  from  operations,  but 
this  was  cut  to  a  loss  by  an  allowance 
of  $680,531.90  for  depreciation  and 
amortization. 


Actors  Deny  Holding 
Unionization  Ideas 

Hollywood,  Nov.  10. — Indications 
that  the  Actors'  Guild  has  no  inten- 
tion of  converting  itself  into  a  union 
is  seen  in  a  statement  to  the  effect 
that  the  guild  has  no  idea  of  seeking 
affiliation  with  the  American  Feder- 
ation of   Labor. 

Mae  West,  Clark  Gable,  George 
Arliss,  Sally  Filers,  Donald  Cook  and 
Hoot  Gibson  are  latest  members. 


Code  Is  Delayed  by  Cut 
In  Wage  Classifications 


Hertz  Relates 
Tale  of  Para. 
Finance  Deals 


John  Hertz,  Chicago  financier,  now 
associated  with  Lehman  Bros.,  Wall 
Street  banking  firm,  took  the  stand 
at  an  adjourned  meeting  of  Paramount 
Publix  creditors  before  Referee  Henry 
K.  Davis  yesterday  and,  always  hesi- 
tantly and  frequently  cautiously,  re- 
lated what  he  remembered  of  the 
major  financial  and  corporate  trans- 
actions in  which  he  participated  as 
chairman  of  the  company's  finance 
committee  during  the  14  months  im- 
mediately preceding  the  Paramount 
receivership    and    bankruptcy. 

Despite  the  fact  that  Hertz's  testi- 
mony was  incomplete  in  many  phases 

(Continued  on  page  3) 


Query  Market  Value 
Of  TV.  F.  Investors 

The  hearing  into  the  affairs  of  New 
York  Investigators,  Inc.  was  con- 
tinued yesterday  before  Special  Com- 
missioner Frederick  S.  Martyn  in 
Federal  Court,  Brooklyn.  Albert 
Young,  representative  of  a  firm  of 
accountants,  was  asked  to  explain  why 
the  open  market  value  of  the  concern's 
stock  had  jumped  from  $14,000,000  in 
Sept.  1929  to  $42,000,000  in  December 
of  that  year. 

Young,  representing  the  firm  of 
Stagg,  Mather  and  Hough,  account- 
ants for  New  YorTc  Investors,  Inc. 
said  he  could  produce  books  and 
records  bearing  on  the  matter  and  was 
excused  to  permit  him  to  bring  these 
records  to  the  hearing  later. 


Ifs  a  Nifty 

Kelcey  Allen  comes  to  bat 
with  the  gag  about  the  bank 
which  was  giving  out  passes 
to  theatres  with  each  new 
account. 

When  a  new  depositor  was 
called  over  by  the  clerk  after 
making  his  initial  payment, 
he  was  asked: 

"Which  one  of  our  shows 
do  you  want  to  see?" 


Projector  Co. 
Stock  Written 
Up — Clarke 


Washington,  Nov.  10. — Value  of 
the  common  stock  of  the  International 
Projector  Corp.  was  written  up  ap- 
proximately $26,000,000  when  the  com- 
pany was  taken  over  by  General  The- 
atres Equipment  Corp.  in  August, 
1929,  it  was  revealed  today  by  Harley 
L.  Clarke  of  Chicago  before  the  Sen- 
ate Wall  Street  investigating  com- 
mittee. It  was  through  General  The- 
atres that  Clarke  acquired  control  of 
Fox  Films  and  Fox  Theatres  in  1930. 

Revelations  brought  out  by  Clarke's 
testimony  today  were  the  outgrov^rth  of 
(Contimied  on  page  4) 


Publicity  Clauses 
May  Go  Into  Pacts 

Hollywood,  Nov.  10. — Because  of  a 
general  reluctance  toward  cooperating 
with   studio   publicity   departments   on 

(Continued  on   page  2) 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Dancing  Lady'' 

(M-G-M) 

Hollywood,  Nov.  10. — "Dancing  Lady,"  with  the  attraction  and  the 
power  of  names  of  Joan  Crawford  and  Clark  Gable  and  others,  should 
be  box-office. 

The  production   is   opulent  and  luxurious   and   gorgeously   mounted, 

(Continued  on  page  4) 


Johnson   Order  Restrict- 
ing Their  Number  to 
Four  Revealed 


Washington,  Nov.  10. — Reduction 
of  the  wage  classifications  in  the  pro- 
duction section  from  58  to  four  was 
today  disclosed  as  the  stumbling  block 
which  is  keping  the  film  code  from 
final  approval. 

Retention  of  the  code  by  Colonel 
W.  R.  Lea,  acting  recovery  adminis- 
trator, it  has  been  learned,  was  due 
to  an  order  issued  some  weeks  ago 
by  General  Johnson  that  in  the  prep- 
aration of  codes  minimum  wage 
scales  only  should  be  stated  and  there 
should  be  no  classification  of  wages 
by  operations  or  jobs.  Where  neces- 
sary to  classify  work,  it  was  ordered 
there  should  be  not  more  than  four 
classifications. 

As  originally  submitted,  the  film 
code  contained  specific  wage  rates 
only  for  labor  having  contracts  and 
carried  no  specific  minima  for  the  un- 
skilled branches  but  had  a  general 
provision  with  regard  to  such  workers. 
The  long  list  of  wage  rates  now  in 
the  code  was  inserted  by  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  at  the 
instance  of  labor  representatives  in 
the  belief  that  by  so  doing  he  was 
acting    in    the    interests    of    all    con- 

(Continued  on   page   4) 


Sees  Codes  Ruling 
Trades  for  Years 

Washington,  Nov.  10. — Codes  now 
being  adopted  by  industries  will  be 
the  law  of  those  industries  probably 
for  years  to  come,  it  was  declared  to- 
day by  Deputy  Administrator  White- 
side. 

Opening  a  hearing  on  a  code  for  re- 
tail jewelers,  Whiteside  asserted  that 
Recovery  Administration  officials  ex- 
pect that  even  though  the  Recovery 
Act  may  terminate  the  codes,  which, 
under  the  act,  have  all  the  force  of 
law,  will  be  continued  indefinitely. 


Cullman  Now  Admits 
Roxy  Deal  Discussed 

Howard    S.    Cullman,    receiver    for 

the  7th  Ave.  Roxy,  yesterday  for  the 

first   time   admitted   that   bondholders 

had    been    considering    a    plan    which 

(Continued  on  page  2) 


MOTION  PICTURE 

DAILY 


! 


Saturday,  November   II,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol. 


November    11,    1933 


No.    112 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 


^•\f\  PUBLISHED  daily,  except  Sunday 
/^  jl  J  and  holidays,  by  Motion  Picture 
X«|^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachtm  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  \V.  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour    des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,     at     the     ^  ^   a 
Post  Office  at  New  York  City,   si''  •* Av 
N.   Y.,  under  Act  of   March  3, 
1879. 

Subscription   rates   per   year: 
$6     in     the     Americas,     except      _ 
Canada;    Canada    and    foreign:     wi»oo«« 
$15.      Single    copies:     10    cents 


A  Gem 

-L/ITTLE  WOMEN," 
produced  by  RKO,  is  fine 
enough  and  beautiful  enough 
to  belong  to  the  whole  picture 
business.  It  will  beat  down 
censorship  arguments,  bring 
new  patrons  to  theatres  and, 
if  not  that,  certainly  return 
many  stragglers   to  the  fold. 

Wholesomeness  and  sim- 
plicity, twin  characteristics 
which  once  meant  something 
to  the  industry,  return  here 
and,  as  those  who  never 
doubted  it  have  known  all 
along,  re-establish  their 
rightful  place.  "Little 
Women"  is  like  a  delicate, 
nostalgic  something  out  of 
the  past — romantic,  heart- 
thumping  and  appealing. 

From  Sarah  Ma.son's  and 
Victor  Heerman's  adaptation 
of  Louise  May  Alcott's  Ameri- 
can classic  to  George  Cukor's 
direction  to  the  highest  of 
acting  standards  carried  prin- 
cipally by  the  talented  Kath- 
arine Hepburn,  this  Radio 
picture  is  an  entertainment 
gem  and  a  production  achieve- 
ment. KANN 


David  Loew  Not  to 
Tour  with  Brother 

Due  to  the  illness  of  his  wife,  David 
Loew  will  not  accompany  his  brother, 
Arthur,  on  a  world  tour  by  air.  Ar- 
thur yesterday  left  by  train  for  Gales- 
burg,  111.,  where  he  will  meet  his  wife 
who  is  visiting  relatives  there  and  then 
go  to  Kingman,  Ariz.  From  there  he 
will  fly  to  the  coast  where  he  will  sail 
on  the  Mariposa  for  Australia  on  Nov. 
15. 

Accompanying  the  Loews  will  be 
Joe  Vogel,  who  will  look  over  the 
theatre  situation  in  Australia  and 
other  points. 


Flash  Reviews 


"Tillie  and  Gus"' 

{Paramount) 
Loads    of    laughs    in    this    one    with    W.    C    Fields and    Alison    Skip- 
worth It's  a  tonic  for  the  blues  and  a  treat  for  the  b.  o Baby  LeRoy 

again  charms  audiences.... 


"Ace  of  Aces" 

(Radio) 
Spectacular    at    times,    but    it    presents    the    hero    as      a    heartless    killer 
seeking  nothing  but  his  personal  glorification  while  earning  the  contempt  of 
his  fellow  officers. 


"The  Way  to  Love" 

{Paramount) 
Light,  gay  throughout,  with  a  few  serious  moments ....  and  a  series  of  in- 
genious gags  that  kept  a  Paramount  audience  chuckling — that's   "The   Way 
to  Love" ....  Chevalier   sings   a   song  now  and  then,  but  the   musical  angles 
are  subordinated  to  the  comedy. 


"The  Mad  Game" 

{Fox) 
The  exploitation  possibilities  are  numerous   for  getting  the  public's  quick 
attention    to    this    one    (dealing    with    kidnapping)  ...  .Spencer    Tracy    in    a 
virile   role. ..  .elicits   sympathy. 


Reviews  of  the  above  pictures  which  opened  on  Broadway  yester- 
day, will  appear  in  detail  in  a  subsequent  issue  of  Motion  Picture 
Daily. 


Johnston  in  Toronto 

Toronto,  Nov.  10. — W.  Ray  John- 
ston, head  of  Monogram,  accompanied 
by  Ed  Golden  and  Morris  Riskin,  has 
arrived  here  in  connection  with  dis- 
tribution of  his  company's  product  in 
the  Dominion  through   Empire   Films. 


Morris  Enthused 

Returning  from  a  six  weeks'  trip  to 
Warner  exchanges  abroad,  Sam  Mor- 
ris is  enthusiastic  over  the  way  new 
offices  in  Rome  and  Barcelona  are  op- 
erating. 


Stars  at  N.  V.  A.  Show 

A  brilliant  array  of  talent  will  be 
on  hand  at  the  N.  V.  A.  benefit  at  the 
Metropolitan  Opera  House  tomorrow 
night.  Major  Edward  Bowes  will 
supervise  the  entertainment. 


Blue  Signed  for  2  Years 

Ben  Blue  has  been  signed  to  a  two- 
year  contract  to  make  Vitaphone 
shorts  through  the  agency  of  Leo 
Morrison. 


Sheehan  Starts  First 

Hollywood,  Nov.  10. — The  first  of 
the  productions  to  be  made  by  Win- 
held  Sheehan  for  Fox  since  his  re- 
turn from  Europe  starts  today. 
"Carolina,"  a  story  of  the  South,  is 
the  title.  Henry  King  is  directing. 
On  Dec.  4  work  on  "David  Harum" 
and  "Fox  Afovietone  Follies"  will 
begin. 


Wurtzel  to  Hawaii  Today 

Hollywood,  Nov.  10. — Sol  Wurt- 
zel is  leaving  tomorrow  for  Honolulu 
for  a  story  conference  with  Robert 
Yost,  Dudley  Nichols  and  Lamar 
Trotti.  The  party  will  be  away  two 
weeks.  John  Stone  will  pinch  hit  for 
Wurtzel  until  the  latter  returns. 


O'Connor  Taking  Leap 

Johnny  O'Connor,  head  of  the  RKO 
film  buying  department,  today  will 
ring  out  wedding  bells.  The  lucky 
girl  is  Marie  Tracy,  his  secretary. 
They  will  honeymoon  in  California, 
leaving  tonight. 


Loew  Off  One  Point 


High 

Columbia    Pictures,   vtc 22'A 

Consolidated    Film    Industries 3 

Consolidated    Film    Industries,    pfd 9% 

Eastman  Kodak   75'/i 

Kastman    Kodak,    pfd 12611^ 


Fox    Film    "A". 

Loew's,    Inc 

Paramount   Publix    

Pathe     Exchange     "A". 

KKO   

Warner    Bros 


145^^ 
29^ 

m 

i'A 

8 

6V>. 


Low 

22M 
3  • 
9'A 

7VA 

W/a 
28-/8 

8 


Close 

22^4 
3 

9^ 
75 

126!^ 
14^ 
28% 

m 

8 

6/2 


Net 
Change 


-  V2 


—1 


Trans  Lux  Drops  One-Eighth 


High      Low 

Technicolor   11  10;^ 

Trans   Lux    IK  VA 


Net 
Close      Change 

10/2     —  y« 

1%      -  'A 


Paramount  Publix  Loses  One 


High  Low  Close 

General   Theatre    Equipment   6s   '40 4  4  4 

Keith    B.    F.  6s  '46 4654  46  46 

Loew's   6s    '41,    ww    deb   rights 83  82  82 

Paramount    Broadway   5'As  '51 30  30  .30 

Paramount  F.   L.  6s   '47 26'A  26'A  26^ 

Paramount    Publix    S'As    'SO 28K  27  27 

Pathe    7s    '37,    ww 85  85  85 

Warner    Bros.    6s    '39,    wd 41  41  41 


Net 
Change 


-  'A 


-  Vk 
— 1 


Sales 

300 
200 
100 

1,300 

1,000 
200 

1,200 
100 
200 
200 

1,300 


Sales 

500 
100 


Sales 

2 
9 
5 
2 

5 
15 
1 


Publicity  Clauses 
May  Go  Into  Pacts 

(Continued  front    page   1) 

the  part  of  contract  and  borrowed 
players,  producers  as  a  body  are  for- 
mulating plans  to  inject  clauses  in  all 
future  contracts  making  cooperation 
compulsory  between  players  and  the 
studio  torch  bearers. 

The  "I  won't"  feeling  among  play- 
ers has  always  been  prevalent  in  a 
small  measure,  but  at  times  has  grown 
to  the  point  where  players  have  be- 
come defiant  in  refusing  requests  made 
by  the  studio  to  cooperate  on  pub- 
licity stunts. 


Drop  Canadian  Plan 
For  Trans-Lux  Chain 

Toronto,  Nov.  10. — Project  for  a 
chain  of  Trans-Lux  houses  in  Canada 
has  been  called  off,  according  to  Jo- 
seph M.  Franklin,  who  holds  the  Ca- 
nadian Trans-Lux  theatre  rights.  N. 
L.  Nathanson,  who  virtually  controls 
short  subject  distribution  in  Canada, 
has  become  lukewarm  on  the  idea. 


M,  P.  Academy  Meets; 
Plans  to  Carry  On 

Hollywood,  Nov.  10.  —  Board  of 
governors  and  executive  heads  met  to- 
day to  lay  plans  to  carry  on  the  Acad- 
emy of  M.  P.  Arts  and  Sciences.  The 
resignation  of  Lester  Cowan  was  ac- 
cepted and  Don  Gledhill  was  named  in 
his  place  as  temporary  executive  sec- 
retary. 


Cullman  Now  Admits 
Roxy  Deal  Discussed 

(.Continued   iran   pape    1) 

would  change  the  present  management 
by  returning  Roxy  to  the  house.  At 
the  same  time  he  denied  any  such 
change  would  be  made,  adding  that 
he  had  been  advised  the  bondholders' 
committee  had  turned  down  the  plan 
submitted  as  it  was  completely  satis- 
fied with  the  present  policy. 


Harpo  Marx  Delays  Trip 

Although  he  was  expected  to  leave 
this  week  for  Russia,  Harpo  Marx  has 
postponed  his  trip  until  he  hears  defi- 
nitely from  his  brothers  in  California 
on  negotiations  now  under  way  with 
Paramount  on  a  new  contract.  He 
plans  to  sail  Nov.  17,  but  the  date  is 
indefinite. 


Mae  Takes  to  Air 

Mae  West  has  been  signed  for  a 
series  of  radio  broadcasts  for  a  lo- 
tion maker  at  a  reported  $6,600  per 
week.  She  will  start  her  air  work 
as  soon  as  she  completes  her  present 
film  for  Paramount. 


Lewis  In  From  Havana 

David  Lewis,  manager  of  the  M- 
G-M  branch  in  Cuba,  is  in  New  York 
for  home  office  conferences.  He'll  be 
here  for  about  a  month. 


Lichtig  Leaves 

Harry  Lichtig  of  Lichtig  and  Eng- 
lander,  coast  agents,  ends  his  New 
York  visit  today  and  returns  to 
Hollywood. 


Saturday,   November    II,    1933 


MO  HON  PICTURE 

DAILY 


Hertz  Relates 
Tale  of  Para. 
Finance  Deals 


(.Continued  from   paoe    1) 

because  of  his  inability  to  recall  de- 
tails of  Paramount's  1932  refinancing 
plan  and  the  corporate  reorganization 
of  the  same  year  which  resulted  in 
the  creation  of  a  number  of  new  sub- 
sidiaries to  carry  on  the  business  of 
the  corporation,  leaving  Paramount 
Publix,  the  parent  organization,  little 
more  than  a  holding  company,  the 
financier's  disclosures  of  his  career  in 
Paramount  were  none  the  less  dra- 
matic. 

That  career  began  auspiciously, 
shortly  after  after  Sam  Katz,  then 
Publix  theatre  head,  visited  Hertz  at 
his  Florida  home  and  invited  him  into 
Paramount,  and  ended  dramatically 
shortly  after  Hertz  visited  Katz  in 
the  Paramount  home  offices  and  in- 
vited the  latter  to  resign  because  his 
inability  to  reconcile  himself  to  the 
company's  program  of  decentraliza- 
tion was  fostering  an  internal  turmoil 
which  threatened  to  result  in  the 
resignation  of  a  number  of  Paramount 
executives. 

"Anxious  to  Get  Out" 

"I  was  so  anxious  to  get  out," 
Hertz  related  by  way  of  explaining 
his  inability  to  recall  details  of  sev- 
eral important  transactions  with  which 
he  was  identified,  "and  was  so  re- 
lieved when  I  did,  that  I  put  everything 
associated  with  Paramount  and  with 
the  film  business  completely  from  my 
mind.  I  never  talked  Paramount  or 
pictures  after  leaving.  That  was  a 
long  time  ago  and  I  have  difficulty 
remembering  those  things  now." 

Hertz  resigned  from  Paramount 
Jan.  6  of  this  year. 

Salient  points  of  Hertz's  testimony, 
elicited  under  questioning  by  Samuel 
Isseks,  of  counsel  for  the  Paramount 
Publix  trustees  in  bankrutpcy,  include 
the   following : 

That  Hertz  on  several  occasions 
during  negotiations  with  bankers  and 
Paramount  theatre  landlords  early  in 
1932  made  the  statement  that  the 
company  was  faced  with  "complete 
collapse,"  or  would  be,  unless  aid  was 
forthcoming. 

That  despite  whatever  situations 
prompted  the  statements,  and  despite 
the  fact  that  Hertz  had  wanted  to 
resign  prior  to  Jan.  6,  and  actually 
had  had  resignation  statements  pre- 
pared for  the  press  by  Glenn  Griswold, 
special  Paramount  publicity  man 
under  Hertz,  the  financier's  resigna- 
tion was  not  due  to  his  fear  of  an 
impending    Paramount    receivership. 

That  Hertz  was  "mainly  interested" 
in  obtaining  for  Paramount  "by  a 
certain  time"  the  new  1932  bank 
credit,  and  left  the  details  of  the 
transaction,  once  the  credit  had  been 
obtained,  to  others.  The  "details"  of 
the  transaction  involved  the  creation 
of  Film  Productions  Corp.  and  the 
assigning  to  it  of  title  to  13  uncom- 
pleted negatives,  which  were  pledged 
to  secure  the  new  credit,  which  was 
in  turn  made  available  to  Paramount 
Publix  by  the  new  corporation.  Para- 
mount trustees  have  instituted  suit  to 
set  aside  this  transaction  as  consti- 
tuting a  preference  for  the  creditor 
banks. 

That  Leo  Spitz,  executive  advisor  in 


Kohn  Discloses   Trade  Papers 

Were  Curious  on  Para.  Deals 

A  tribute  to  trade  paper  "inquisitiveness,"  sometimes  referred 
to  as  "enterprise,"  was  paid  in  tlie  course  of  the  examination  of 
Jolin  Hertz,  former  chairman  of  the  Paramount  Publix  finance 
committee,  in  bankruptcy  proceedings  before  Referee  Henry  K. 
Davis  yesterday,  when  telegrams  relating  to  the  creation  of  such 
operating  subsidiaries  as  Paramount  Productions,  Inc.;  Paramount 
Pictures  Distributing  Corp.;  Paramount  International,  and  others, 
which  had  been  exchanged  between  Hertz  and  Ralph  Kohn,  then 
Paramount  treasurer,  were  read  into  the  record.  Hertz  was  in 
Hollywood  at  the  time. 

Following  Paramount's  announcement  to  the  press  of  the 
organization  of  the  new  subsidiaries,  Kohn  wired  Hertz  that  "as 
you  predicted,  the  trade  papers  have  asked  for  further  informa- 
tion" concerning  the  subject,  and  included  the  additional  state- 
ment given  out  by  Kohn  as  a  result  of  the  queries  of  the  trade 
press. 

Another  wire  to  Hertz  related  that  "the  dailies  (meaning  the 
New  York  metropolitan  press)  accepted  the  Paramount  statement 
as  released,  interpreting  the  move  as  one  of  decentralization.  They 
asked  no  further  information,  so  none  was  given." 


Paramount  management  affairs  dur- 
ing the  Hertz  regime,  was  the  author 
of  the  company's  corporate  decen- 
tralization plan,  which  led  to  Katz's 
resignation  after  the  latter  had,  seem- 
ingly, accepted  the  idea  while  at  the 
Paramount  studios  in  Hollywood. 
Katz,  Hertz  related,  offered  no  active 
opposition  to  the  decentralization  pro- 
gram until  after  he  returned  to  New 
York.  Spitz,  he  said,  was  understood 
to  be  acting  as  assistant  to  Katz  until 
the  latter  went  to  the  coast ;  where- 
upon Spitz  took  over  Katz's  duties  in 
the  east. 

That  the  formation  in  Delaware  in 
1932  of  the  operating  subsidiaries  of 
Paramount  Publix,  such  as  Paramount 
Pictures  Distributing  Corp.,  Para- 
mount Productions,  Paramount  Inter- 
national, and  others,  was  an  outgrowth 
of  Spitz's  "decentralization"  plan  and 
was  not  conceived  in  order  to  place 
the  assets  of  the  company  outside  the 
jurisdiction  of  the  U.  S.  District  Court 
here    in   the    event   of    a    receivership. 

Hertz  contradicted  a  widespread  be- 
lief within  the  industry  that  his  en- 
trance into  Paramount  on  Oct.  11, 
1931,  had  been  occasioned  by  a  press- 
ing financial  situation,  in  stating 
yesterday  that  at  the  time  of  his  en- 
try the  company  had  an  open  credit 
of  $17,000,000  with  various  banks.  It 
was  not  until  February,  1932,  he  said, 
that  he  received  his  first  inkling  that 
the  financial  situation  of  the  company 
was  not  all  that  it  might  be.  In  this 
respect  his  testimony  coincided  with 
that  given  earlier  by  Ralph  Kohn, 
former  Paramount  treasurer,  and 
Adolph  Zukor. 

In  reply  to  questions,  however. 
Hertz  admitted  that  the  company's 
bank  indebtedness  was  $7,500,000  at 
the  end  of  1931  and  $9,600,000  at  the 
end  of  1932.  He  said  his  initial  func- 
tions in  Paramount  were  in  connec- 
tion with  plans  for  solidifying  the 
company's  bank  credits,  in  order  to 
make    them    "as    sound    as    possible." 

Can't  Remember  Memo 

He  said  that  he  "couldn't  remem- 
ber" a  memorandum  addressed  to  him 
by  Robert  T.  Swaine,  of  Cravath,  De 
Gersdorf,  Swaine  &  Wood,  Paramount 
special  counsel,  proposing  the  crea- 
tion of  a  revolving  bank  credit  of 
$15,000,000.  The  memorandum  was 
read  into  the  record  by  Isseks. 

It  was  in  February,  1932,  Hertz 
testified,  while  he  was  vacationing  at 
Miami,   Fla.,  that  he  was  advised  by 


Kohn  by  long  distance  telephone  from 
New  York  that  the  National  City 
Bank  had  refused  to  renew  a  note 
for  $1,000,000  which  was  about  to 
come  due.  Hertz  said  he  left  for 
New  York  immediately  to  confer  with 
officials  of  the  bank. 

"I  tried  to  negotiate  an  extension  with 
the  bank,"  Hertz  related,  "but  was  un- 
successful. It  developed  a  serious  situa- 
tion because  out  other  creditor  banks 
would  have  to  learn  of  the  National  City's 
action  and  this  would  immediately  jeopar- 
dize our  credit  with  all  of  them.  I  ex- 
'plained  the  seriousness  of  the  situation  to 
Simonson  at  the  National  City  branch 
which  held  our  note,  but  he  was  adamant. 
He  insisted  on  getting  his  money.  I  told 
him    we    didn't    have    it." 

"Did  you,"  Isseks  interposed  at  this 
point,  "then  tell  him  that  if  he  insited  on 
payment  it  would  mean  the  collapse  of 
Paramount,  in  the  event  of  which  neijher 
his  nor  any  other  bank  would  get  any- 
thing ?" 

"1  might  have,"  Hertz  replied.  "I  tried 
everything  I  could  think  of  to  obtain  an 
extension  of  the  note.  I  stayed  with  him 
as  long  as  he  permitted  me  to  remain  in 
his    office." 

Hertz  related  that,  unable  to  obtain 
the  extension,  he  went  to  Sir  Wil- 
liam Wiseman  and  Otto  Kahn  at 
Kuhn,  Loeb  &  Co.,  Paramount  bank- 
ers, and  was  told  that  they  would 
see  what  could  be  done  in  the  way 
of  "straightening  out"  the  matter. 
Later,  he  said,  National  City  was  given 
a  demand  note  for  $1,000,000  in  place 
of  the  unsecured  note. 

Hertz  Was  "Alarmed" 

The  situation  "alarmed''  him.  Hertz 
said,  and  he  had  further  conferences 
with  Wiseman  and  Kahn  at-  which  it 
was  decided  to  create  a  new  financial 
set-up  for  Paramount,  and  that  Percy 
Johnston  of  the  Chemical  Bank,  was 
the  man  to  head  it.  Hertz  went  to 
Johnston,  he  said,  and  told  him  that 
Paramount  would  "pull  through"  with 
a  reasonable  amount  of  credit,  in  view 
of  contemplated  economies  aggregat- 
ing $25,000,000,  and  providing  there 
was  no  further  decline  in  cash  intake. 

"Did  you  tell  Johnston  that  if  he 
didn't  come  in  it  would  mean  Para- 
mount's  collapse?"    Isseks   asked. 

"I  may  have  said  that,"  was  the 
reply.  "I  was  very  anxious  to  obtain 
credit  and  painted  as  weird  a  picture 
to   Johnston   as   possible." 

Max  D.  Howell  of  the  Commercial 
Bank  and  Trust  Co.,  was  later  con- 
sulted about  organizing  a  committee 
to  approach  the  banks  on  a  new  one- 
year  credit  proposal,  Hertz  said.  "We 
were  hopeful  it  could  be  done,"  he 
added. 


Effort  to  Get 
Extension  of 
Credit  Is  Told 


This  plan  later  developed  into  the 
Film  Production  transaction  by  which 
a  $13^375,000  credit  was  obtained  from 
12  banks.  Hertz  said  the  details  of 
the  transaction  were  left  to  Kohn  and 
that  when  he  next  heard  of  them  he 
was  advised  by  Kohn,  Swaine  and 
Austin  Keough,  Paramount  general 
counsel,  that  the  transaction  would 
not  infringe  the  company's  indentures. 
It  was  on  the  basis  of  such  an  alleged 
infringement  that  suit  against  Para- 
mount was  later  brought  by  A.  C. 
Blumenthal  and  resulted  in  a  cash 
settlement  for  $35,000.  Hertz  said  he 
approved  this  settlement  "reluctant- 
ly" on  the  recommendation  of  Swaine 
that  it  would  be  "for  the  good  of  the 
company." 

Two  Banks  Refused 

It  was  revealed  that  the  Bank  of 
Manhattan  and  the  Irving  Trust  Co., 
both  of  whom  had  been  approached 
on  the  new  credit  plan,  had  declined 
to  participate,  with  the  result  that 
the  $13,375,000  credit  finally  obtained 
was  less  than  the  amount  the  negotia- 
tors for  Paramount  had  hoped  to  ob- 
tain,  Hertz  said. 

It  was  also  disclosed  that  in  the 
spring  of  1932  Hertz  and  Spitz  had 
worked  on  a  large-scale  rent  reduction 
plan  which  contemplated  a  "complete 
abatement"  of  rentals  by  all  Para- 
mount landlords  for  the  months  of 
June,  July  and  August  of  that  year. 

A  letter  to  the  landlords  was  read 
into  the  records  by  Isseks  emphasiz- 
ing the  seriousness  of  the  situation 
and  the  advisability  of  the  landlords 
protecting  their  interests  by  consent- 
ing to  the  abatement  of  rent  as  pro- 
posed, and  citing  an  anticipated  first 
quarter  loss  of  $2,000,000  for  1932 
"and  an  even  greater  loss  for  the  sec- 
ond quarter." 

Tried  to  Get  Rent  Cuts 

"We  tried  to  get  the  rental  reduc- 
tions despite  any  obstacle,"  Hertz  ex- 
plained, "and  we  did  get  many  mil- 
lions of  rental  reductions." 

Hertz  related  that  he  had  been  the 
intermediary  in  settling  the  contract 
of  Sidney  R.  Kent,  at  the  time  of  his 
resignation.  "He  asked  for  $200,000," 
Hertz  said,  "and  I  told  him  I  thought 
that  was  too  much,  but  the  manage- 
ment committee  voted  that  settle- 
ment." 

A  lengthy  statement  prepared  by 
Griswold  at  the  time  of  Hertz's  resig- 
nation, later  withheld  from  release  to 
the  papers,  was  read  into  the  record 
and  was  described  by  Isseks  as  "bet- 
ter representing  actual  conditions 
within  the  company  at  the  time  than 
the  statement  which  was  finally  given 
out."  The  statement  declared  that  as 
far  back  as  March,  1932,  the  "sol- 
vency of  the  company  was  threatened 
because  of  maturing  notes  and  stock 
repurchase  agreements"  and  that  re- 
financing was  finally  accomplished  by 
"pledging  negatives  in  the  process  of 
production." 

Attorneys  for  the  Paramount  trus- 
tees will  resume  questioning  of  Hertz 
Nov.  17,  and  will  be  followed  by  Saul 
E.  Rogers  and  Samuel  Zirn,  attor- 
neys for  Paramount  bondholders' 
groups,  at  whose  request  Hertz  was 
produced. 


MOTION  PICTURE 

DAILY 


Saturday,   November    II,    1933 


Code  Delayed 
By  Too  Much 
Classifying 

(Continued  from  page   1) 

cerned  and  minimizing  the  possibilities 
of  wage  controversies. 

Rosenblatt's  action  in  this  resp)ect 
was  in  no  sense  out  of  line  with  what 
was  being  done  with  other  codes,  a 
number  of  which  also  carry  long  pay 
schedules  which  also  will  be  subject 
to  attack  when  they  come  up  for 
approval,  if  General  Johnson's  order 
is  complied  with  consistently. 

Producers   Taking  No  Sides 

While  the  oroducers  are  represented 
as  not  being  in  sympathy  with  the 
writing  into  the  code  of  lengthy  wage 
schedules,  they  conceded  the  point  in 
the  interest  of  harmony  and  are  now 
taking  no  sides  in  the  difference  of 
opinion  which  apparently  exists  in  the 
Recovery  Administration  as  to  the 
extent  to  which  the  government  should 
concede  to  the  demands  of  labor.  The 
code  rates,  it  was  said,  would  increase 
the  producers'  costs  by  $10,000,000 
a  year. 

The  production  section  of  the  code 
is  the  only  one  in  which  pay  rates  are 
dealt  with  in  detail,  the  distributors' 
and  exhibitors'  provisions  covering 
wages  briefly.  The  demand  for  a  30- 
hour  week  made  by  President  Will- 
iam Green  of  the  American  Federa- 
tion of  Labor  at  the  hearings  on  the 
code,  as  then  explained,  was  aimed  at 
those  branches  of  the  industry  only, 
the  producers  having  agreed  to  re- 
duce their  maximum  week  from  40 
to  36  hours  while  continuing  to  pay  at 
the   40-hour-week   rate. 

With  General  Johnson's  order  be- 
fore him,  Colonel  Lea  is  represented 
as  feeling  that  the  wage  schedule  in 
the  picture  code  should  be  scrapped 
and  minimum  wages  for  unskilled 
labor  only  incorporated,  leaving  it  to 
the  producers  and  their  employees  to 
come  to  an  agreement  as  to  the  rates 
to  be  paid  skilled  workers.  He  is 
understood  to  have  laid  this  view  be- 
fore Johnson  during  a  long-distance 
telephone  conversation,  receiving  in- 
structions to  hold  the  matter  in  abey- 
ance until  the  administrator  returns 
to  Washington  next  week. 

May   Cause    Labor    Row 

Colonel  Lea's  insistence  upon  elimi- 
nation of  definite  wage  scales,  if  sup- 
ported by  Johnson,  may  precipitate  a 
bitter  controversy  between  the  Ad- 
ministration and  labor  officials  of  the 
A.  F.  of  L.,  who  are  unalterably  op- 
posed to  the  limitation  of  classifications, 
and  it  has  been  intimated  that  if  the 
provisions  of  Johnson's  order  are  en- 
forced Green  will  resign  from  the 
Recovery  Administration  and  ask 
labor  throughout  the  country  to  sup- 
port him  in  an  attack  upon  the  or- 
ganization. 

The  action  of  the  Recovery  Admin- 
istration on  the  labor  provisions  of 
the  film  code  will  affect  a  number  of 
other  agreements  having  similar 
clauses,  approval  of  which  has  been 
held  up  for  some  time. 

It  was  pointed  out  by  Recovery 
Administration  officials  today  that,  the 
film  code  already  having  received  a 
large  number  of  signatures,  any 
changes  now  made  therein  would  have 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


(.Continued  from  page    1) 

with  evidence  that  big  money  was  lavished  on  eye  values,  feminine  modes 
and  musical  conceptions. 

The  story  is  a  backstage  drama  mingling  romance  and  laughter.  Miss 
Crawford  is  a  girl  in  a  burlesque  chorus  a  la  Minsky,  with  the  wish  and 
the  will  to  be  a  specialty  dancer  on  Broadway.  She  gets  a  break  and  makes 
the  grade  in  a  big  musical.  Romance  tangles  her  between  the  irresistible 
force  of  a  Park  Avenue  playboy  (Franchot  Tone)  and  the  immovable 
ambition  of  a  stage  director  (Gable).  With  the  playboy's  bankroll  out 
and  the  director  backing  the  show  himself,  it  opens  a  smash,  with  the 
dancing  lady's  heart  veering  between  Park  Avenue  and  Broadway. 

Miss  Crawford  gives  a  good  account  of  herself.  She  looks  well  and 
dances  beautifully.  Gable,  with  less  than  the  usual  amount  of  kiss- 
clutch-and-cling  footage,  still  bowls  over  the  femmes.  Tone  is  the 
socialite  to  the  manner  born.  Ted  Healy  and  his  stooges  supply  laughs 
in  many  shapes  and  sizes.  Other  bright  spots  are  May  Robson,  Winnie 
Lightner  and  Robert  Benchley.  Fred  Astaire  links  an  attractive  screen 
personality  to  ace  dancing  and  should  go  somewhere  in  celluloid.  Art 
Jarrett  and  Nelson  Eddy  carry  the  vocalizing  between  the  dance 
routines. 

A  spectacle  number,  "Rhythm  of  the  Day,"  with  Rodgers  and  Hart 
music,  is  a  novelty  of  sumptuous  splendor,  with  girls  and  the  glitter  of 
glamour. 

Robert  Leonard's  direction  is  deftly  woven.  The  dialogue  by  Allen 
Rivkin  and  P.  J.  Wolfson  is  pithy  and  punchy. 


to  secure  the  approval  of  not  only  the 
several  advisorv  boards  but  also  of 
signatories  of  the  code.  This  would 
necessitate  the  calling  to  Washington 
of  all  those  who  already  have  given 
their  appproval  to  the  document  to 
lay  before  thern  such  changes  as  were 
contemplated. 

Allied  Hits  "Propaganda" 

Following  approval  of  the  code. 
Allied  States  will  give  to  all  inde- 
pendent exhibitors  "a  detailed  account 
of  Allied's  activities,  including  full  in- 
formation as  to  obstructions  en- 
countered," it  was  announced  today 
from  the  organization's  headquarters 
here. 

"Allied's  llth-hour  fight  to  get  a 
fair  code  for  the  independent  ex- 
hibitors has  brought  into  full  opera- 
tion the  propaganda  mills  controlled 
by  antagonistic  interests,"  it  was  de- 
clared in  making  public  a  telegram 
from  Nathan  Yamins  of  Massachu- 
setts denying  he  had  approved  the 
code  as  reported  in  trade  papers. 
Allied  is  investigating  the  source  of 
suggestions  made  to  certain  leaders 
that  they  must  approve  a  formless 
and  unofficial  document  in  order  to 
secure  representation  on  local  griev- 
ance  and    zoning  boards." 


Burlesque  Code  Revised 

Washington,  Nov.  10. — Sitting 
with  representatives  of  the  burlesque 
industry  until  the  small  hours.  Deputy 
Administrator  Sol  A.  Rosenblatt  this 
morning  completed  revision  of  the 
code  on  which  hearings  were  held  yes- 
terday and  in  the  near  future  will 
begin  the  writing  of  his  report. 


Supply  Code  Dropped 

Washington,  Nov.  10. — Plans  for 
development  of  a  new  code  for  the 
theatre  supply  industry  have  been 
dropped  and  that  trade,  with  a  num- 
ber of  others,  will  be  covered  by  the 
master  wholesale  code,  hearings  on 
which   begin    Nov.    13. 


Martin  Ousted  by 

Allied  Over  Code 

(Continued  from  pane    1) 

territory  be  cancelled  and  that  you 
be  dismissed  from  board  for  failure 
to  keep  many  promises  of  support,  a 
written  ballot  was  taken  and  vote  was 
unanimously  in  favor  of  motion.  Final 
action  was  withheld  because  of  criti- 
cal code  situation  involving  interest 
of  independent  theatre  owners.  Your 
action  in  calling  together  small  groups 
in  Des  Moines  to  approve  Rosenblatt's 
code  while  national  committee  is 
striving  for  changes  in  interest  of  our 
members  and  before  same  has  even 
been  finally  approved  by  NRA  was 
disloyal  not  only  to  national  associa- 
tion but  also  to  independent  exhibitors 
generally.  The  explanation  made  to 
the  meeting  that  action  at  that  time 
\Yas  necessary  to  insure  representa- 
tion on  local  board  raises  question  as 
to  your  authority  for  making  such 
statement,  inasmuch  as  exercise  of 
the  appointing  power  to  coerce  exhibi- 
tors is  a  most  serious  reflection  of  the 
NRA.  You  will  cease  using  the  name 
Allied  and  inform  your  members  you 
have  no  further  connection  with  this 
association." 

The  telegram  received  from  Yamins 
follows : 

"My  attention  has  just  been  called 
to  an  article  appearing  in  one  of  the 
trade  papers  to  the  effect  I  had  wired 
the  Administration  my  approval  of  the 
code.  This  is  absolutely  false.  I  have 
taken  no  action  by  way  of  approval  of 
disapproval  and  fail  to  see  how  I  can 
intelligently  take  any  action  until  the 
code  in  its  final  form  has  been  pre- 
sented to  me  for  consideration  and 
action.  You  may  assure  Allied  leaders 
of  my  continued  loyalty  to  Allied  and 
to  the  cause  of  the  indepertdent  ex- 
hibitor." 


Nevada,  la.,  Nov.  10.— Lester  F. 
Martin  declared  today  he  had  "no 
comment  at  present,"  adding  that  "a 
statement,  if  any,  will  come  from  the 
board  of  directors  of  this  organiza- 
tion and  exhibitors  themselves  who 
have  endorsed  the  code." 


Projector  Co. 
Stock  Written 
Up — Clarke 


(Continued  from   page    1) 

the  Senate's  investigation  of  the  Wall 
Street  activities  of  Chase  National, 
which  figured  prominently  in  the 
financing  of  Fox. 

Describing  the  events  leading  up  to 
the  exchange,  Clarke  disclosed  that 
the  company  had  an  authorized  capi- 
tal of  50,000  shares  of  preferred  and 
200,000  of  common,  of  which  he  took 
25,000  shares  of  the  former  and  125,- 
000  of  the  latter.  The  projector  com- 
pany then  took  control  of  its  three 
competitors  in  the  production  of  the- 
atre equipment,  acquiring  the  Nicholas 
Power  Co.  for  $690,770;  Precision 
Machine  Co.  for  $600,000  and  Acme 
Motion  Picture  Projector  Co.  for 
$171,331. 

A  trading  account  in  the  preferred 
stock  of  the  company,  he  stated,  re- 
sulted in  profits  of  $46,648  for  each  of 
the  participants,  who  included  him- 
self, Murray  W.  Dodge,  former  vice- 
president  of  Chase  Securities  Corp., 
and  William  F.  Ingolsby  of  Pynchon 
and  Co.  The  latter  company,  West  and 
Co.,  W.  S.  Hammons  and  Co.  and  the 
Shermar  Corp.,  the  personal  company 
of  Albert  H.  Wiggin,  former  head  of 
the  Chase  National  Bank,  participated 
in  the  acquisition  of  securities  of  the 
projector  company  at  $90  per  share  for 
preferred,  with  a  bonus  of  three 
shares  of  common,  which  it  sold  to 
the  public  at  $100,  with  a  bonus  of  one 
share  of  common,  it  was  brought  out. 

A  value  of  $28,488,000  was  given 
the  stock  of  International  Projector 
Corp.  when  it  was  exchanged  for 
General  Theatres  stock,  although  the 
actual  book  value  was  but  $2,225,616, 
it  was  developed  by  Ferdinand  Pecora, 
committee  counsel.  Although  the  stock 
was  earning  only  73  cents  a  share  at 
the  time,  Clarke  declared  that  the  fig- 
ure of  about  $28.50  given  it  was  a 
"well  considered  estimate  of  value" 
since  International  had  developed  a 
new  type  of  projector  which  it  was 
thought  would  revolutionize  the  film 
industry  and  had  contracts  in  pros- 
pect which  if  carried  out  would  have 
netted  a  profit  of  three  to  four  million 
dollars. 

The  committee's  study  of  film  stocks 
will  probably  be  continued  next  Tues- 
day, when  it  reconvenes  after  the 
week-end. 


CLASSIFIED 
DIRECTORY 

WHERE    TO   GET 
WHAT    YOU    WANT 


EQUIPMENT 


S.   O.    S.    CORPORATION 

Used  Equipment  Bought  and  Sold 

Largest   Clearing  House  In   Show  Buslnesi 

1600  Broadway         CH.    4-1717  New  York  Clt» 


PROJECTION  ROOMS 


audio  PUBLrX  PBO.TECTION  BOOM.  INC. 
Efficient    Service    with    BCA    Sound— Lowest    Ratei 
Room    714.    630    -    9th    Ave.,    CHIckeTlnc    4-641S 


The  Leading 

Daily 

Newspaper 

df,,the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert. 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  113 


NEW  YORK,  MONDAY,  NOVEMBER  13,  1933 


TEN  CENTS 


Warner  Loss 
For  1933  Is 
Reduced  55% 

Total  Given  as  $6,291,748; 
Recent  Gains  Big 


A  net  loss  of  $6,291,748  is  reported 
by  Warner  Bros.  Pictures,  Inc.,  for 
the  year  ending  Aug.  26,  last,  as  com- 
pared with  a  net  loss  of  $14,095,054 
for  the  previous  year.  Before  deduc- 
tion of  interest,  amortization  and  de- 
preciation a  net  profit  of  $1,941,359 
was  shown  for  the  year,  the  com- 
pany's financial  report  reveals.  This 
is  a  cut  of  $7,803,306,  or  55  per  cent, 
and  is  regarded  as  a  marked  improve- 
ment over  1932. 

For  the  months  of  September  and 
October,  not  included  in  the  annual 
statement,  a  "small  net  profit"  was 
(Continued  on  page  10) 


St.  Louis  Skouras 
Company  Bankrupt 

St.  Louis,  Nov.  12. — Skouras 
Brothers  Enterprises  have  filed  a 
voluntary  petition  in  bankruptcy  with 
the  Federal  Court  here.  The  sched- 
ule of  assets  and  liabilities  will  be  filed 
within  the  next  10  days.  The  com- 
pany's principal  liability  is  a  bond 
issue  of  $4,500,000  on  the  Ambassador 
theatre  and  office  building  which  the 
company  guaranteed. 

Decision  to  file  this  petition  was 
reached  at  a  directors'  meeting  held 
{Continued  on  page  10) 


European    Business 
Improving — Morris 

"Business  with  European  exhibitors 
has  had  a  marked  improvement  during 
the  past  few  months,"  Sam  E.  Morris, 
vice-president  of  Warners,  stated 
upon  his  return  after  a  six-week  trip 
which  took  him  to  London,  Paris, 
Rome,    Amsterdam    and    Barcelona. 

Morris,  who  frankly  stated  that  his 
observation  of  business  improvement 
was  based  upon  what  he  found  among 

(Continued  on  page  3) 


K,  C.  Jury  Condemns 
Violence  by  Unions 

Kansas  City,  Nov.  12. — Use  of 
violence  for  the  purpose  of  intimidat- 
ing theatre  owners  was  condemned  in 
a  final  report  of  the  Jackson  County 

(Continued  on  page  3) 


K.  0:d  by  Ostrich 

Hollywood,  Nov.  12.  — Sid 
Wagner,  M-G-M  cameraman, 
went  to  the  front  office  this 
week  and  asked  to  be 
switched  to  Mickey  Mouse 
shorts.  Reason  enough.  He 
was  kicked  in  the  face  by  an 
ostrich  and  took  the  count. 

M-G-M's  "Tarzan"  unit  was 
filming  scenes  with  an  indefi- 
nite number  of  elephants, 
lions  and  ostriches.  Wagner 
picked  the  lesser  of  the  evils 
and  sneaked  up  behind  an  os- 
trich. The  bird  hurled  a 
whistling  left  to  Wagner's 
schnozzle. 

M-G-M  won't  loan  him  to 
Disney  so  he's  heading  back 
for   the   last  roundup. 


Hertz   Says  Para. 
Had  1932  Surplus 


Additional  testimony  to  the  efifect 
that  a  Paramount  Publix  surplus 
existed  when  the  company  re-sold  its 
half  interest  in  Columbia  Broadcast- 
ing System  to  William  Paley  in  1932 
was  given  by  John  Hertz,  former 
chairman  of  the  Paramount  finance 
committee,  testifying  at  a  Paramount 
creditors'  meeting  before  Referee 
Henry  K.  Davis  late  last  week. 

The  validity  of  the  transaction  was 
dependent  on  the  existence  of  a  sur- 
plus at  the  time,  and  attorneys  for 
Paramount  creditors  and  for  the  trus- 
tees in  bankruptcy  have  initiated  and 

(Continued  on  page  3) 


RKO  and  KAO  Stock 
Transfer  Approved 

An  order  authorizing  RKO  to  con- 
tinue the  exchange  of  its  stock  for 
that  of  Keith-Albee-Orpheum  and 
Orpheum  Circuit  up  to  Nov.  30  was 
signed  Saturday  by  Judge  William 
Bondy  in  U.   S.   District   Court  here. 

The  exchange  of  the  stock  was  be- 
gun in  1928,  but  the  status  of  the 
procedure    following    the     RKO     re- 

(Continued  on  page   10) 


Effort  to  End 
K.C.  Rate  War 
Strikes  Snag 

Two    Exhibitors    Refuse 
To  Join  Agreement 


Kansas  City,  Nov.  12. — Efforts  of 
Loew's  and  the  Independent  Theatre 
Owners  of  Greater  Kansas  City  to 
eliminate  cut  prices  and  establish  a 
code  of  ethics  for  the  local  trade  have 
hit  a  snag  by  refusal  of  one  or  two 
key  exhibitors  to  consent  to  fair  prac- 
tices. 

Jay  Means,  president  of  the  inde- 
pendents, says  Col.  E.  A.  Schiller  of 
Loew's  had  agreed  to  increase  the 
first  run  Midland's  25-cent  price  on 
Nov.  10  provided  the  independents 
would     abolish     double     bills,     dime 

(Continued  on  page  3) 


Academy  Agrees  on 
Membership    Drive 

Hollywood,  Nov.  12. — The  Acad- 
emy of  M.  P.  Arts  and  Sciences  has 
decided  to  start  a  membership  drive 
by  informing  the  industry  what  the 
Academy  has  done  for  it  and  restore 
confidence  in  the  organization.  The 
membership  now  totals  870.  Of  205 
actor   members,   73   have    resigned. 

Lester  Cowan's  resignation  has 
been   accepted    with    regret    and    Don 

(Continued  on  page  3) 


Writers  End  Deals 
With  Coast  Agents 

Hollywood,  Nov.  12. — Unable  to 
come  to  terms  for  a  working  agree- 
ment between  the  Screen  Writers' 
Guild  and  the  Artists'  Managers' 
Ass'n.,  all  negotiations  have  been 
definitely  shelved  by  the  Guild.  Rea- 
son for  the  move  after  much  effort 
and  research  work  had  been  made 
was  attributed  to  the  fact  agents  were 
unable  to  get  together  on  the  final 
vote. 


Loew's  May  Not  Get  Poll 
Group;  F.  &M.  Mentioned 


New  Haven,  Ncv.  12. — Loew's  may 
not  get  the  Fox  New  England  cir- 
cuit of  18  houses,  according  to  Louis 
M.  Sagal,  who  is  now  operating.  He 
said  the  theatres  will  formally  be 
turned  over  to  Poli-New  England  on 
Nov.  21  and  that  he  will  continue  to 


operate  indefinitely.  On  the  other 
hand  it  is  said  F.  &  M.  may  get 
them. 

Negotiations  continue  between  Sagal 
and  other  circuit  representatives,  one 
of    which    is    believed    to    be    Louis 

(Continued  on  page   10) 


Dubious  Delay 
In  Code  Rests 
On  Wage  Angle 

NRA's  Slant  Not  Taken 
Seriously  in  N.  Y. 


Conceding  that  delay  in  enactment 
of  the  code  might  be  traceable  to  a 
new  move  on  the  part  of  the  NRA 
in  ordering  reduction  of  wage  classifi- 
cations from  58  to  four,  as  divulged  in 
Washington  Friday  night.  New  York 
executive  opinion  available  on  Satur- 
day, nevertheless,  declined  to  view  the 
reason  advanced  as  the  real  stumbling 
block. 

It  was  pointed  out  that  of  all  the 
angles  which  entered  into  code  de- 
liberations, the  establishment  of  mini- 
mum wages  and  maximum  working 
hours  for  studio  crafts  were  disposed 
of  faster  than  any  other  major  portion 
of  the  proposed  draft.  Major  pro- 
ducers, acting  in  consonance  with  the 
spirit  of  the  NRA  and  its  base  line 
intent  of  maintaining  current  wage 
scales  for  labor  while  returning  more 

(Continued  on  page  3) 


"Propaganda  Mill" 
Operating-Allied 

Washington,  Nov.  12. — Charging 
the  operation  of  the  "greatest  propa,- 
ganda  mill  ever  erected  in  the  busi- 
ness," Allied  States,  in  a  formal  state- 
ment, attacks  the  "so-called  exhibitor 
leaders,"  who,  it  declares,  are  attempt- 
ing to  mislead  the  industry  with 
respect  to  the  film  code. 

"Nothing  could  more  clearly  dis- 
close the  treachery  of  certain  so-called 
(Continued  on  page  3) 


Coast  Production 
Declines  in  Week 

Hollywood,  Nov.  12. — Hollywood 
production  for  the  week  ending  Nov. 
11  took  a  slight  nose  dive  with  a 
decrease  of  six  features  under  the 
week  preceding.  Summary  of  activity 
(Continued  on  page  3) 


Fox  to  Put  11  Into 
Work  by  Christmas 

Hollywood,  Nov.  12. — Activity  at 
Fox  is  moving  full  speed  ahead  with 
11  pictures  scheduled  to  start  before 
Christmas.    They   are : 

"Carolina,"  starring  Janet  Gaynor ; 
"Heir  to  the  Hoonah,"  starring  George 

(Continued  on  page    10) 


MOTION  PICTURE 

DAILY 


Monday,  November   13,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Ofi&ce 


Vol.  J4 


November  13,  1933 


No.  113 


Martin  ^uiulev 

Editor-in-Chief  and  Pubiisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 


^•\w>^  PUBLISHED  daily,  except  Sunday 
/^  jl  J  and  holidays,  by  Motion  Picture 
N«l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  Steles  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Exigware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour    des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,     1926,    at    the    ^  m  ▲ 
Post  Office  at  New  York  City,  v*^  "^^^ 
N.   Y.,  under  Act  of  March  3, 
1879. 

Subscription   rates   per   year: 
$6     in     the     Americas,     except      _ 
Canada;    Canada    and    foreign:     >m»oo«. 
$15.     Single   copies:    10    cents. 


i    Purely  Personal    ► 


Two  Harvey  Features 
On  Ufa's  List  of  20 

Two  Lilian  Harvey  features  with 
English  dialogue  head  a  schedule  of 
20  pictures  to  be  released  here  by  Ufa 
during  the  1933-34  season.  The  list, 
which  is  available  for  national  distri- 
bution or  state  rights,  also  includes  27 
featurettes  and  27  educational   shorts. 

The  two  pictures  with  Miss  Har- 
vey are  "Love  Waltz"  and  "Hokus 
Pokus."  Others  on  the  list  are  in 
German  dialogue  and  feature  among 
others,  Conrad  Veidt,  Willy  Fritsch, 
Renate  Mueller,  Kaethe  von  Nagy, 
Brigitte    Helm   and    Hans   Albers. 


Kline  to  Start  Circuit 

Memphis,  Nov.  12.— A  new  circuit 
of  small  theatres  in  north  Mississippi 
is  contemplated  by  Charley  Kline,  e.x- 
manager  of  the  Rosemary  Theatre 
here,  and  William  Evans,  who  was 
connected  with  Ellis  Auditorium  here. 
They  have  taken  over  the  Folly  at 
Marks,  Miss.,  on  a  partnership  ar- 
rangement and  are  seeking  other  fields 
to  conquer. 


G-B  Stars  Due  Tuesday 

Jack  Hulbert  and  Cicely  Court- 
neidge  (Mrs.  Hulbert),  Gaumont- 
British  stars,  are  due  here  from  Lon- 
don tomorrow  aboard  the  Paris.  Af- 
ter a  New  York  vacation  as  guests 
of  Arthur  Lee,  head  of  G-B  of 
America,  they  will  leave  for  Florida 
for  a  brief  visit. 


Breen  in  New  York 

Joseph  I.  Breen,  executive  assistant 
to  Will  H.  Hays  in  Hollywood,  ar- 
rived in  New  York  from  the  coast 
Saturday  night. 


Yates,  McConnell  West 

Hollywood,  Nov.  12. — Herbert  J. 
Yates  and  Fred  McConnell  are  here 
from    New    York. 


TRYING  HOFFMAN,  caricaturist, 
1  left  by  plane  Saturday  for  Holly- 
wood and  the  Paramount  studio  where 
he  will  make  two  sketches  of  each  star 
and  director  on  the  lot.  He'll  be 
gone  three  weeks,  during  which  time 
he'll  visit  his  brother  at  the  M-G-M 
studios,  and  Sidney  Skolsky,  Daily 
News  columnist. 

Louis  DE  RocHEMONT  is  directing 
Russell  Hicks,  Charles  Coburn, 
Terry  Carroll  and  Margaret 
Mullens  in  "The  Clown  Dies"  and 
"When  the  Lights  Went  Out"  for 
Bray's  Columbia  release  at  the  Fox 
Movietone  Studio. 

Mack  Gordon  and  Harry  Revel, 
song  writers,  arrived  in  New  York  by 
plane  Friday  morning,  bringing  with 
them  the  first  print  of  Paramount's 
"Sitting  Pretty,"  for  which  they  wrote 
the  music. 

Lucille  Ball,  "Roman  Scandals" 
player  recently  given  a  contract  by 
United  Artists,  left  for  the  coast 
yesterday  to  begin  work  on  "Barbary 
Coast." 

Al  Christie  will  start  another 
Moran  and  Mack  short,  "Hot  or 
Cold,"  at  the  Eastern  Service  Studios 
today. 

Mrs.  Jack  Lustberg,  wife  of  Jack 
LusTBERG,  sailed  Saturday  with  her 
children  on  the  American  Legion  to 
join  her  husband  in  Buenos  Aires. 

Kay  Kamen,  eastern  representa- 
tive for  Walt  Disney,  sailed  for 
Europe  Saturday  on  a  four  weeks' 
business  trip. 

Martin  Beck,  with  Mrs.  Beck  and 
Robert  Hurel,  prerident  of  the 
France  Film  Co.,  sailed  Saturday  on 
the  Champlain  for  France. 

Wolfe  Gilbert,  who  is  authoring 
Eddie  Cantor's  radio  material,  ar- 
rived in  town  with  the  comedian  last 
night  from  the  coast. 

Peter  Freuchen  will  make  a 
series  of  lecture  talks  throughout  the 
country  on  Eskimo  life  after  "Eskimo" 
opens  at  the  Astor  tomorrow. 

Hal  LeRoy  will  be  teamed  with 
Dawn  O'Day  in  his  fifth  Vitaphone 
short,  "Private  Lessons."  which  goes 
into  production  today. 

Elsie  Janis  returns  from  Cali- 
fornia with  her  husband,  Gilbert 
Wilson,  on  the  Santa  Lucia  tomor- 
row. 


WILLIAM  SUSSMAN,  assistant 
to  John  D.  Clark,  Fox  general 
sales  manager,  is  in  Chicago  on  a  short 
business  trip. 

Edgar  Bergen,  ventriloquist,  who 
has  just  completed  a  Vitaphone  short, 
writes  stories,  appears  in  vaudeville 
and  is  a  cameraman  in  addition. 

Ben  Jackson,  business  manager 
for  Eddie  Dowling,  is  negotiating  for 
a   Broadway  play. 

Ben  Blue  will  start  another  Vita- 
phone short  this  week  with  Ralph 
Staub   directing. 

Spyros  Skouras  attended  the  Yale- 
Georgia  game  in  New  Haven  on 
Saturday. 

Charles  Baron,  U.  A.  exploiter, 
is  in  Toledo  on  "The  Private  Life  of 
Henry   VIII"  at  the  Pantheon. 

Monroe  Greenthal  is  adding  a 
number  of  additional  exploitation  men 
to  the  U.  A.  force  this  week. 

Ann  Ronell's  theme  song  for  "Pa- 
looka"  has  been  accepted  by  Edward 
Small  of  Reliance  Pictures. 

Irving  Lesser  is  booking  "Hoopla" 
into  the  7th  Ave.  Roxy,  probably  fol- 
lowing "The  Invisible  Man." 

Frank  Lloyd  is  en  route  to  Eng- 
land for  a  vacation  on  his  native  heath. 

Warren  William  is  in  New  York 
for  the  first  time  in  a  year  and  a  half. 

John  Hammel  of  Paramount  is 
back  from  his  coast  trek. 


''Wonder  Bar"  Started 

Hollywood,  Nov.  12. — A  week  of 
rehearsals  has  been  completed  on 
Warner  "Wonder  Bar,"  featuring  Al 
Jolson,  and  the  film  has  gone  before 
the  cameras.  Jolson  will  contribute 
four  vocal  numbers  while  Dick 
Powell   will   warble   two. 


More  Work  for  Work 

Los  Angeles,  Nov.  12.  —  Cliflf 
Work,  director  of  the  RKO  Golden 
Gate  at  San  Francisco,  has  had  the 
RKO  Hillstreet  here  added  to  his 
charge. 


R.  R.  Rauh  to  Pueblo 

Denver,  Nov.  12.— R.  R.  Raub,  for- 
mer director  of  publicity  for  the  Den- 
ver while  it  was  a  Publix  house,  has 
gone  to  Pueblo  to  handle  publicity  for 
the  Cooper-Publix  houses. 


Trading  Light  in  All  Issues 

High  Low  Close 

Consolidated  Film  Industries,  pfd 9^  9^  95^ 

Eastman   Kodak 75  74?^  75 

Lnew's.   Inc 29  28'/^  29 

M-G-M  pfd 20^  20'A  20'A 

Pathe  Exchange ij^         ij^  ij^ 

Warner    Bros 6J4  6!^^  6H 

Warners  Drops  One-Quarter 

High  Low  Close 

General  TTieatre  Equipment  6s  '40 3'/  3'/$  3J4 

Keith  R.  F.  6s  "46 4'i4^  45^  455^ 

Paramount  Publix  5^8.  '50 2654  263^  26H 

Warner  Bros.  6s  '39  wd 41  4]  41 


Net 
Change 


+  •% 


+  y» 


Net 
Change 

-  V2 

-  !4 

-y* 


Sales 

400 
200 
610 
100 
300 
1,400 


Sales 

6 
3 
1 
2 


Blank  and  Goldberg 
Reported  in  a  Deal 

Omaha,  Nov.  12.— It  is  understood 
A.  H.  Blank  and  Ralph  Goldberg  of 
the  World  Realty  Co.  have  reached 
an  agreement  for  operation  of  the 
World  and  State  theatres.  The  deal 
will  give  Blank  four  first  runs  here 
with  Mort  Singer's  Brandeis  the  only 
competition. 

Goldberg's  application  for  affirma- 
tion or  disaffirmation  of  the  lease  on 
the  two  houses,  made  by  the  bankrupt 
Publix-Nebraska,  Inc.,  has  been  con- 
tinued indefinitely  in  Federal  Court. 
It  is  expected  that  J.  W.  Denman, 
trustee  and  former  associate  of  Blank, 
will  repudiate  the  leases  so  that  a  new 
agreement  can  be  made. 


Lays  Crime  to  Pictures 

Kansas  City,  Nov.  12.— "It  is  not 
too  much  to  say  that  the  crime  wave 
in  this  country  started  10  years  ago 
when  children  were  getting  their  views 
of  life  from  pictures  that  gave  a  total- 
ly   demoralizing    conception    of   life." 

This  criticism  was  delivered  in  the 
course  of  a  sermon  by  the  Rev.  Rich- 
ard M.  Trelease  at  St.  Paul's  Episco- 
pal Church  here,  and  is  typical  of 
similar  charges  made  by  several  mem- 
bers of  the  Kansas  City  clergy  on 
recent    Sundays. 


Mike  Simmons  Busy 

Hollywood,  Nov.  12.— Having  com- 
pleted the  screen  play  of  his  original 
story,  "The  World's  Greatest  Spend- 
er," for  Charles  R.  Rogers,  Mike 
Simmons  has  moved  to  Universal 
where  he  has  already  received  two  as- 
signments. The  adaptation  of  Roy 
Octavus  Cohen's  story,  "Interlude," 
and  an  original  idea  of  Henry  Henig- 
son's  for  Slim  Summerville  and  Zasu 
Pitts. 


Eddy  GoestoYoungstoicn 

Akron,  Nov.  12.— Wesley  Eddy, 
who  has  been  master  of  ceremonies  at 
the  Palace  since  the  house  reopened 
as  a  Monarch  unit  about  60  days  ago, 
has  been  assigned  to  the  Palace, 
Youngstown,  in  a  like  capacity.  He 
succeeds  Robert  Gillette,  who  has  been 
transferred  to  New  York. 


Hold  Chicago  Offices 

Chicago,  Nov.  12.— RKO  will  not 
move  its  offices  to  the  Palace  Theatre, 
according  to  the  latest  plan,  but  will 
keep  them  in  the  State-Lake  Building. 


THE 
MAYFLOWER 

Gist  STREET,  (Central  Park  Wesl) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3   Rooms.     Full  Hotel  Service 

FURNISHED    OR    UNFURNISHED 

By  the  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


Monday,  November    13,    1933 


MOTION  MCTVRE 

DAILY 


Dubious  Delay 
In  Code  Rests 
On  Wage  Angle 


{Continued  from  page  1) 
men    to    jobs    through    a    spread    of 
available    work,    voluntarily     offered 
their  new  deal  on  the  basis  of  40  hours 
pay  for  a  36-hour  working  week. 

That  unionized  labor  recognized  the 
move  and  was  for  it,  was  evidenced  by 
the  public  acknowledgment  along 
such  lines  uttered  by  William  Green, 
president  of  the  American  Federation 
of  Labor,  at  the  public  hearings.  As 
a  matter  of  fact,  unions  employed  at 
the  studios  are  reliably  learned  to 
have  signed  the  code  as  it  now  stands. 

Stand  Based  on  Johnson  Order 

Heralded  in  advance  by  no  warning 
of  any  kind,  the  NRA  attitude  now 
stands  on  an  order  reputedly  issued 
by  General  Hugh  S.  Johnson  several 
weeks  ago  that  only  minimum  wages 
should  be  designated  and  that  no 
classification  of  wages  by  jobs  is  to 
be  made  except  there  are  not  to  be 
more  than  four  where  it  becomes 
necessary  to  classify  labor  by  groups. 
In  the  face  of  the  Johnson  order. 
Colonel  W.  R.  Lea,  his  executive 
assistant,  now  is  represented  to  feel 
the  lengthy  wage  scale  embodied  in 
the  third  NRA  code  draft  should  be 
scrapped  and  minimum  wages  for  un- 
skilled labor  only  included  with  scales 
for  skilled  workers  to  be  arrived  at 
on  the  basis  of  negotiation  between 
employes  and  employers. 

One  film  man  in  a  position  to  know 
what  he  is  talking  about  on  the  basis 
of  representation  in  code  formulation 
declared  on  Saturday  that  the  new 
development  "simply  does  not  make 
sense."  He  expressed  it  as  his  point 
of  view  that  delay  in  enactment  of  the 
code  must  be  traced  to  other  reasons, 
admitting  at  the  same  time  he  did  not 
know  what  these  reasons  might  be. 

If  Johnson's  order  holds  insofar  as 
the  film  code  is  concerned,  Washing- 
ton opinion  believes  the  effect  may  be 
serious  and  far-reaching  in  other 
industries  already  codified  or  await- 
ing codification. 


"Propaganda  Mill" 
Operating-Allied 

(^Continued  from  page  1) 
exhibitor  leaders  than  their  actions  in 
the  present  situation  with  reference  to 
the  code,"  it  was  asserted.  "Two  men 
who  have  been  most  active  in  oppos- 
ing further  efforts  to  secure  modifica- 
tion of  the  proposed  code  in  favor  of 
exhibitors  had  been  offered  places  on 
the  code  authority  by  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt,"  it  was 
charged. 

"Other  leaders  received  mysterious 
intimations  that  unless  they  got  in  line 
their  organization?  would  not  be 
represented  on  the  v-'rious  local 
boards  provided  for  in  th<:  draft. 

"Propaganda  was  spread  that  the 
code  was  'set' ;  that  it  had  gone  to  the 
White  House;  that  the  President's 
pen  was  poised  over  it;  that  further 
opposition  was  useless. 

"Another  feature  of  the  picture  is 
that  admittedly  the  code  is  not  in  final 
form ;  it  has  not  been  finally  approved 
by  the  NRA ;  the  way  is  open  to 
secure   provisions   more   favorable   to 


Hollywood  Touch 

HollsTvood,  Nov.  12. — One  of 
those  wonders  which  can  only 
be  observed  in  Hollywood, 
was  witnessed  the  other  day 
on  the  Warner  lot  where  Al 
Green  was  directing  a  snow 
scene  for  "As  the  Earth 
Turns"  with  a  red  carnation 
buttonholed  in  his  lapel  and 
a  gold-handled  cane  to  swish 
the  flakes  from  his  path. 


exhibitors,  and  yet  these  alleged  lead- 
ers are  urging  approval  of  the 
Rosenblatt  draft. 

"Not  only  this,  but  the  greatest 
propaganda  mill  ever  erected  in  the 
business  is  grinding  out  reports  and 
rumors  at  a  rate  that  makes  one's 
head  swim. 

"What  possible  object  can  Ed. 
Kuykendall  and  his  cohorts  have  in 
securing  these  senseless  'approvals'  of 
the  Rosenblatt  code  except  to  place 
obstacles  in  the  way  of  those  seeking 
terms  more  favorable  to  exhibitors?" 


K,  C,  Jury  Condemns 
Violence  by  Unions 

(Continued  from  page  1) 
Grand  Jury  which  has  been  investigat- 
ing   racketeering    for    the    past    three 
weeks. 

The  report  said  theatre  owners  and 
the  public  had  been  terrorized  by 
bombings  to  force  owners  to  employ 
union  operators.  In  some  instances, 
non-union  operators  were  to  blame 
for  violence,  the  Grand  Jury  found. 
The  report  also  said  Operators'  Local 
170  had  been  suspended  by  the  I.  A. 
T.  S.  E. 

Whether  exhibitors  have  a  right  to 
perform  services  in  their  own  theatre 
without  employing  union  help  is  the 
question  to  be  decided  in  an  injunction 
suit  brought  by  Charles  F.  Easterly 
and  Homer  Pouts,  owners  of  the 
suburban  Sun,  against  Local  170. 

Judge  Ben  Terte  in  the  Jackson 
County  Circuit  Court,  issuing  a  tem- 
porary injunction  against  the  union, 
held  that  while  the  courts  have  ruled 
that  peaceable  picketing  is  within  the 
law,  in  this  case  it  was  unjustified  if 
the  allegations  of  the  exhibitors  were 
set  forth  correctly.  Union  officials 
contend  the  Missouri  Supreme  Court 
has  upheld  picketing  and  therefore 
they  believe  the  court  will  turn  down 
the  application  for  a  permanent  re- 
strainer. 

Easterly  and  Pouts  assert  in  the 
application  they  are  both  expert  pro- 
jectionists and  that  business  in  their 
small  neighborhood  house  does  not 
justify  hiring  operators.  Pouts  oper- 
ates the  machines.  It  is  charged  that 
the  union  officials  had  demanded  that 
union  operators  be  employed,  and  that 
when  this  was  refused  the  defendants 
on  Oct.  16  began  a  campaign  against 
the  theatre. 

Judge  Terte  commented  that  he 
believed  the  exhibitors  had  a  perfect 
right  to  conduct  their  business  with- 
out engaging  employes  for  duties  they 
could   perform  themselves. 


"Night  Bus"  Delayed 

Hollywood,  Nov.  12. — Columbia  is 
holding  up  production  on  "Night  Bus," 
due  to  inability  to  find  a  leading  lady 
for  Clark  Gable,  who  has  been  bor- 
rowed from   M-G-M. 


European    Business 
Improving — Morris 


(Continued  from  page  1) 
exhibitors  playing  Warner  product, 
added  that  the  noticeable  improve- 
ment could  be  traced  to  more  aggres- 
sive exploitation  and  advertising  meth- 
ods used  by  Continental  exhibitors, 
plus   the   right   sort   of   pictures. 

"Europe  has  taken  a  leaf  out  of 
American  showmanship  methods,"  de- 
clared Morris.  "Sensational  exploita- 
tion campaigns,  flash  fronts  worthy  of 
a  Broadway  first  run,  street  bally- 
hoos,  and  large  advertising  space, 
have  supplanted  the  inconspicuous, 
dignified  exploitation  of  pictures  in 
the   past. 

"Copies  of  campaigns  used  in 
America  are  sent  to  each  of  our 
branch  managers  abroad,  who  in  turn 
pass  them  along  to  the  exhibitors. 
Fronts  running  as  high  in  cost  as 
$1,000  have  been  used  in  London, 
France,  Holland  and  Italy  and  Spain 
for  'Gold  Diggers,'  '20,000  Years  in 
Sing  Sing,'  'Central  Airport'  and 
others. 

"Exhibitors  now  realize  that  in  or- 
der to  make  money  they  must  spend 
money.  This  has  resulted  in  more 
advertising  space  being  taken  for  pic- 
tures than  ever  before. 

"Institutional  advertising — some- 
thing never  heard  of,  now  plays  an 
important  part  with  exhibitors  abroad. 
In  Rome,  one  exhibitor  who  had  just 
signed  for  Warner  product,  took  an 
entire  page  in  the  Rome  newspapers. 

"Another  part  of  the  business  to 
which  European  exhibitors  are  pay- 
ing more  and  more  attention  are  regu- 
lar trade  showings.  These  trade 
showings  have  become  important 
events. 

"It  is  impossible,"  continued  Mor- 
ris, "to  lay  down  any  hard  and  fast 
rule  as  to  what  type  of  picture  ap- 
peals the  most  to  European  audiences. 
With  the  big  returns  coming  in  right 
now  from  '42nd  Street,'  and  'Gold 
Diggers'  one  is  tempted  to  say  'mu- 
sicals,' but  then  when  I  recall  others 
I  am  constrained  to  say  that  all  good 
pictures   will  do  business  abroad." 


Coast  Production 
Declines  in  Week 

(Continued  from  page  1) 
shows  a  total  of  42  features  in  work, 
29  in  final  stages  of  preparation  sche- 
duled to  start  within  the  next  two 
weeks  and  45  in  the  cutting  rooms. 
Short  subjects  total  to  eight  in  work, 
15  preparing  and  22  in  cutting  rooms. 
A  breakdown  of  the  above  totals  for 
features  in  work  shows  M-G-M  with 
six  features  working,  one  preparing 
and  five  cutting;  Fox,  four,  seven  and 
six ;  Paramount,  six,  four  and  four ; 
United  Artists,  two,  zero  and  five ; 
Universal,  five,  zero  and  four ;  Co- 
lumbia, two,  three  and  three ;  War- 
ners, five,  five  and  10 ;  Radio,  five, 
zero  and  four ;  independent  group  of 
producers,  seven,  nine  and  four. 


Akron  House  Cuts  Scales 

Akron,  Nov.  12. — Reversing  the 
policy  prevalent  in  some  of  the  Ohio 
situations,  the  Colonial,  a  Mort  Shea 
unit,  has  reduced  admissions  approxi- 
mately 20  per  cent.  Present  matinee 
scale  is  25  cents,  with  the  evening 
rate  33  cents,  both  including  the  10 
per  cent  state  admission  tax. 


Effort  to  End 
K.C.  Rate  War 
Strikes  Snag 


(Continued  from  page  1) 

nights,  giveaways  and  similar  "price 
evasions."  Means  declares  he  was 
successful  in  obtaining  the  support  of 
all  but  one  or  two  insurgents,  who 
are  stubbornly  holding  out  for  all  the 
unfair  practices  the  other  exhibitors 
agree  to  eliminate. 

While  Means  has  not  relinquished 
hope  that  he  will  be  able  to  obtain 
unanimous  consent,  it  appears  that 
Kansas  City  is  to  remain  a  hot-bed 
of  admitted  "chiseling"  for  some  time 
to  come.  As  a  result,  Loew's  is  not 
planning  to  hike  its  scale  here  for  at 
least  30  days. 

It  is  also  said  that  double  billing 
indulged  in  for  the  first  time  by  the 
first  run  Fox  Uptown  last  week  will 
not  hasten  any  action  by  Loew's,  de- 
spite the  fact  business  at  the  Uptown 
was  considerably  off  and,  as  a  result, 
the  house  will  not  try  twin  featuring 
again.  The  Uptown's  reduced  balcony 
price  from  40  cents  to  25  cents  will 
be  given  a  longer  trial,  however,  pos- 
sibly for  another  month. 

In  the  meantime,  while  it  is  gener- 
ally admitted  that  the  trade  would 
be  better  off  if  the  practices  con- 
demned would  be  consigned  to  a 
speedy  death,  there  is  considerable 
inclination  to  leave  matters  in  status 
quo  until  the  industry  code  starts 
operating,  when  a  different  complexion 
can  be  placed  on  the  entire  situation. 


Hertz  Says  Para. 
Had  1932  Surplus 

(Continued  from  page  1) 
are  continuing  efforts  to  determine 
whether  or  not  a  surplus  did  exist. 
Indications  are  that  an  action  to  have 
the  transaction  set  aside  would  be 
instituted  if  it  were  found  that  no 
Paramount  surplus  existed  at  the 
time. 

Hertz  testified  that  he  had  been 
advised,  prior  to  the  $5,200,000  sale, 
by  M.  J.  Michel,  Paramount  account- 
ant, that  there  was  a  surplus  on  hand, 
and  that  this  advice  was  substantiated 
by  Ralph  Kohn,  former  Paramount 
treasurer;  Austin  Keough,  general 
counsel,  and  Robert  T.  Swaine,  spe- 
cial counsel.  Hertz  said  he  was  the 
"contact"  man  for  Paramount  on  the 
sale  and  also  obtained  the  banking 
support  for  Paley  which  brought 
about  the  repurchase  offer. 


Academy  Agrees  on 
Membership    Drive 

(Continued  from  page  1) 

Gledhill  has  been  made  temporary 
secretary.  Howard  Green  has  been 
made  first  vice-president  through  the 
resignation  of  Fredric  March.  Louis 
Stone  steps  into  the  second  vice-presi- 
dency as  a  result  of  Green's  advance- 
ment. 

Virgil  Miller,  DeWitt  Jennings, 
Frank  Capra  and  William  Sistrom 
have  so  far  been  named  to  lead  the 
membership  drive.  Heads  of  other 
branches  will  be  added  to  the  com- 
mittee. 


I    T 


PARAMOUNT! 


T  wUK   cusfomers  must  have  their  FUN.   So  here  is  to 

It 

Parker  &  Pendleton,  composers  of  You're  in  My  Arms,  But 
I'm  in  the  Hands  of  a  Receiver'.' .  .You  can't  go  wrong  with 
a  Parker  song  and  Pendleton  lyrics  will  give  you  hysterics. 


5IT  pretty?  Yes,  they  sit  pretty,  listen  pretty,  look  even 
prettier.  Two  good  numbers  that  bring  SEX-APPEAL 
right  into  the  picture  .  .  ."Number  one"  red-headed 
and  rythmic  .  .  .  "Number  two"  blonde,  blase',  beautiful. 


Jack  Oakie  and  Jack  Haley 


Ginger  Rogers  and  Thelma  Todd 


IT'S 


THE 


BEST 


SHOW 


N 


T    O    W    N     L 


TINO''"9  tunes  by  the  boys  who  wrote  "A  Tree  Was  a 
Tree",  "Underneath  the  Harlem  Moon",  "An  Orchid  to 
You".  Heard  just  enough  on  the  radio  by  your  customers 
to  put  them  in  a  mood  for  "Sitting  Pretty"  in  your  seats. 


Pf^^JTY/  very  pretty!  These  hundred  Hollywood 
honeys,  coached  by  Larry  Ceballos  to  assume  graceful 
and  enticing  poses.  "IT",  multiplied  by  100,  gives  you 
SUPER-"IT",  and  that's  what  they  give  off  in  this  picture. 


Music  by  Gordon  &  Revel 


100  Hollywood  Honeys 


JACK  OAKIE'JACK  HALEY  •  GINGER  ROGERS  •  THELMA  TODD 
GREGORY    RATOFF  •  LEW   CODY   and   the   PICKENS    SISTERS 

Directed     by     Harry    Joe     Brown     ,^    .^    A    Charles     R.    Rogers     Production 


L.A 


PARAMOUNT 


P      I      C     t      U      R      E 


MOTION  PICTURE 

DAILY 


Monday,  November   13,    1933 


"AngeF'  Cops 
Frisco  Dough 
In  2nd  Week 


San  Francisco,  Nov.  12.— "I'm  No 
Angel,"  after  a  first  record-shattering 
week  at  the  Paramount,  continued  to 
draw  high  in  its  second  week,  nabbing 
$25,000  for  the  stanza,  still  $10,000 
over  average.  Fox-West  Coast  is  tak- 
ing a  lesson  from  the  first  Mae  West 
film,  "She  Done  Him  Wrong,"  which 
was  sneaked  in  as  a  first  run  at  the 
Paramount  and  then  drew  all  the 
money  in  the  neighborhoods.  "I'm  No 
Angel"  has  now  been  moved  to  the 
Embassy,  another  Market  street  F-W- 
C  house  and  will  stay  there  as  long 
as  it  makes  any  kind  of  a  showing. 

Total  first  run  business  was  $98,000. 
Average  is  $101,500. 
Estimated  takings: 

Week  Ending  Oct.  SI: 
"EMPEROR  JONES"  (U.  A.) 
COLUMBIA— (1.200).    50c-7Sc-$l.SO.    Two- 
m-day.    Gross:  $6,500.   (AveraRC.  16.500.) 
-LOVE.    HONOR   AN1>    OH.   BABY" 

(Unhr.) 
GOLDEN   GATE^(2,800),  2Sc-3Sc-45c-6Sc. 
7  days.    Vaudeville.    Cross:  $9,500.  (Average, 
$13,000.) 

Week  Ending  Nov.  2: 
-MARY   STEVENS,   MJ)."    (Warners) 
EL     CAPITAN— (2,900),      10c-3Sc-40c,      7 
days.     Stage,    band.    Gross:    $8,000.    (Aver- 
asre.    $9,000.) 

"NIGHT  FUGHT"   (M-G-M) 
EMBASSY— (1,380).    30c-40c-50c.    7    days. 
Gross:  $3,500.     (Average,  $8,000.) 

-FLAMING   GOLD"    (Radio) 
ORPHEUM— (3,000).    lSc-3Sc-40c,    7   days. 
Stage:    Rube  Wolf  band,  girls.  Gross:  ^,500. 
(Average.    $10,000.) 

"EVER  IN  MY  HEART"  (Warners) 
WARFIELD— (2,700),  2Sc-35c.55c-6Sc-90c, 
7     days.      Stage:      Band.      Gross:    $15,000. 
(Average.  $19,000.) 

-BROKEN   DREAMS"    (Monogram) 
FOX— (4,600).       10c-15c-25c-35c,      7      days. 
Stage,    10    vaudeville    acts.     Gross:    $10,000. 
(Average.  $9,000.) 

Week  Ending  Nov.  3: 

"I'M  NO  ANGEL"   (Para.) 

PARAMOUNT— (2,670),  25c-35c-55c-7Sc.  7 
days,   2nd   week.    Gross:   $25,000.    (Average, 
$15,000.) 
-BUREAU   OF    MISSING   PERSONS" 
(Warners) 
"KICK  OFF"   (Warners) 
ST.      FRA.NXIS— (1,450),      25c-40c-50c,      7 
days.    Gross:   $5,500.   (Average,  $6,000.) 
"THE  BOWERY"  (U.  A.) 
UNITED  ARTISTS— (1,200),  25c-40c-SOc,  7 
days.    Gross:   $6,500.     (Average,  $6,500.) 

"Bowery,"  $6,000, 
Leads  in  Oklahoma 

Oklahoma  City,  Nov.  12.— "The 
Bowery"  sent  the  Criterion  gross  to 
$6,000,  which  is  $1,000  above  average. 
The  Capitol  also  went  slightly  above 
on  "One  Man's  Journey,"  taking 
$3,500,  or  $500  above  par.  "The  Power 
and  the  Glory"  and  "Saturday's  Mil- 
lions" drew  average  business  of  $3,000 
to  the  Liberty. 

Total  first  run  business  was  $13,700. 
Average  is  $11,700. 

Estimated  takings  for  the  week  end- 
ing Nov.  4: 

-THE  BOWERY"  (U.  A.) 
(n?TTER10.V-(l,700).     10c-20c-26c-36c-41c- 
56c,  7  days.  Gross:  $6,000.   (Average,  $5,000.) 
-ONE    MAN'S   JOURNEY"    (Rodio) 
CAPnT)U-(1.200),     10c-20c-26c-36c-41c.     7 
Oys.    Gross:    1?.500.    (Average,    tVOOO.) 
"THE  POWER  AND  THE  GLORY"  (Fox) 
LTBERTY-(1,500),  10c-15c-26c-36c.  7  days. 
Groes:    $1,500.    (Average    week,    $3,000.) 
"SATURDAY'S    MILLIONS"    (Univ.) 
LIBERTY-d.SOO).  10c-15c-26c-36c.  4  days. 
Groee:   $1,500.    (Average   week,  $3,000.) 
-RAFTER    ROMANCE"    (Radio) 
VTCTORIA-(800),   10c-15c-20c-26c,  3  days. 
GrtMa:    $600.    (Average    week.    $1,200.) 
-YES,  MR.  BROWN"  (U.  A.) 
VICTORIA-(800),  10c-15c-20c-26c.  4  days. 
Graae:   $600.    (Average   week,  $1,200.) 


Was  Neighbor 

Hollywood,  Nov.  12.  —  Al- 
though the  local  scribes 
haven't  been  informed  yet — 
and  probably  won't  if  the 
Warner  p.a.'s  have  anything 
to  say  about  it,  Donald 
Woods,  who  joined  the  studio 
contract  list  amid  a  blaze  of 
New  York  ballyhoo,  parked 
his  hat  for  a  number  of  years 
two  blocks  from  the  studio. 
In  fact,  he  was  student  body 
president  of  the  Burbank 
High  School. 

Right  in  their  own  back 
yard  and  they  didn't  spot  him 
till  he  went  to  New  York, 
which,  after  all,  is  a  familiar 
story  in  these  parts. 


Lady"  Opens  Heavy 
In  Portland  House 


Portland,  Nov.  12. — "Lady  for  a 
Day"  opened  the  new  Pantages,  with 
eight  acts  of  vaudeville,  with  an  in- 
take of  $10,200.  This  is  $2,200  over 
normal. 

"The  Power  and  Glory"  at  the  Lib- 
erty, an  unusual  narrative,  also  with 
the  help  of  vaudeville,  brought  in  $2,- 
500,  or  $700  over  average. 

"Elysia"  proved  a  pleasant  surprise 
and  Hamrick's  Music  Bbx  went  nudist 
and  registered  $4,200,  or  $1,200  over 
normal.  "Emperor  Jones"  was  also 
a  good  draw  at  United  Artists  with 
$6,000,  or  $1,000  over  average.  Backed 
up  by  two  years  of  radio  advertising 
Jack  Pearl  in  "Meet  the  Baron'  at 
Broadway  grossed  $6,900,  or  $900 
over  normal. 

First  run  total  for  the  week  was 
$31,600.    Average  is  $25,800. 

Estimated  takings  for  the  week  End- 
ing Nov.  4: 

"MEET  THE   BARON"  (M-G-M) 
BROADWAY— (1,912),  25c-35c-40c.  7  days. 
Gross:   $6,900.   (Average,  $6,000.) 
"THE   POWER   AND   GLORY"   (Fox) 
LIBERTY  —  (1,800).    2Sc-35c-40c,    7    days. 
Vaudeville.     Gross:    $2,500.    (Average,    $1,- 
800  ) 

"ELYSIA"   (National   Exchanges) 
HAMRICK'S   MUSIC  BOX— (2,000).  2Sc- 
35c-40c,    7    days.     Gross:    $4,200.    (Average, 
$3,000.) 

"BEFORE    DAWN"    (Radio) 
HAMRICK'S   ORIENTAL— (2,040),   25c- 
35c,    7    days.      Georgia    Minstrels.      Gross: 
$1,800.    (Average,   $2,000.) 

"LADY  FOR  A  DAY"  (Col.) 
PANTAGES  — (1,700),     15c-25c-3Sc-40c,     7 
days.     Eight   acts    vaudeville.     Gross:   $10,- 
200.  (Average,  $8,000.) 

"EMPEROR   JONES"    (U.  A.) 
UNITED   ARTISTS-(945).   2Sc-3Sc-40c,   7 
days.     Gross:    $6,000.    (Average,   $5,000.) 


''Angel"  Tops 
Boston  Takes 
With  $44,500 


Boston,  Nov.  12. — "I'm  No  Angel" 
broke  all  recent  box-office  records  for 
Boston  theatres  by  piling  up  $44,500 
at  the  Metropolitan,  which  is  $16,500 
above  average.  It  was  the  best  week's 
business  at  the  Metropolitan  for  many 
months. 

The  high  mark  achieved  by  the  Met- 
ropolitan was  reflected  in  the  other 
first  runs.  Loew's  State  was  up  $4,500 
with  "Meet  the  Baron,"  while  both 
RKO  theatres  were  well  up,  "Satur- 
days Millions"  at  the  Boston  tying 
Loew's  State  for  second  high  honors 
with  "After  Tonight"  at  Keith's  only 
a  little  behind  with  $4,000  above  par. 
Total  first  run  business  was  $125,- 
000.    Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  2 : 

"SATURDAY'S  MILLIONS"  (Univ.) 
BOSTON— (2,900),  2Sc-50c,  7  days.  Harold 
Stem    and    orchestra    and    Mitzi    Mayfair. 
Gross:    $20,500.    (Average,    $16,000.) 

"THE  KENNEL  MURDER  CASE" 
(Warners) 
"TILLIE   AND   GUS"   (Para.) 
FENWAY— (1,800),  30c-50c,  7  days.  Gross: 
$9,500.   (Average.  $9,000.) 

"AFTER  TONIGHT"   (Radio) 
KEITH'S— (3,500),  30c-50c,  7  days.  Gross: 
$20,000.    (Average.    $16,000.) 

"MEET   THE    BARON"    (M-G-M) 
LOEW'S  STATE— (3,700),  3Sc-50c,  7  days. 
Vaude.    Gross:  $20,500.   (Average,  $16,000.) 
"I'M  NO  ANGEL"  (Para.) 
METROPOLITAN  —  (4,350),      30c-65c.      7 
days.     Little    Jack    Little.     Gross:    $44,500. 
(Average,  $28,000.) 

"THE  KENNEL   MURDER   CASE" 
(Warners) 
"TILLIE  AND  GUS"  (Para.) 
PARAMOUNT— (1,800),    30c-50c,    7    days. 
Gross:  $10,000.    (Average,   $9,000.) 


New  Producing  Unit 
Started  in  London 

London,  Nov.  12. — A  new  produc- 
ing company  has  begun  operations 
here.  It  is  called  Ensign  Productions 
and  is  headed  by  W.  G.  Douglas 
Hutchinson,  M.  P.  Distribution  will 
be    through    Butcher's    Film    Service. 

The  first  picture,  a  story  of  Eng- 
lish home  life,  will  be  called  "Shep- 
herd's Warning"  and  will  be  directed 
by  Norman  Walker. 


Paramount  Adds  Comedy 

HoLi-vwooD,  Nov.  12. — Paramount 
has  added  "Pursuit  of  Happiness,"  a 
comic  play  by  Alan  Child  and  Isabellc 
Lowdon,  to  its  production  program. 


"Angel"  Is  $27,200 
Smash  Buffalo  Hit 

Buffalo,  _  Nov.  12. — Almost  triple 
normal  business  was  done  by  Mae 
West's  "I'm  No  Angel,"  first  picture 
in  the  Great  Lakes  under  the  new 
"run"  house  policy.  The  take  was 
$27,200,  a  total  under  the  record  held 
by  "Politics,"  but  more  people  saw 
the  West  flicker.  The  Hippodrome, 
with  "One  Sunday  Afternoon"  and 
vaudeville  shifted  back  there  from  the 
Great  Lakes,  did  $10,000  in  six  days 
or  normal  for  a  full  week.  The  short- 
ened session  was  due  to  a  change  in 
opening  day. 

Total  first  run  take  was  $63,000. 
Normal  is  $47,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  3 : 

"TORCH  SINGER"  (Para.) 

BUFFALO  — (3.S0O),  30c-55c,  7  days. 
Stage:  Jimmy  Save,  Major,  Sharpe  A 
Minor,  Fops  and  Louie,  Harris  Twins  & 
Loretta,  Wilfird  Du  Bois.  Gross:  $13,100. 
(Average.  $15,000.) 

"THIS  DAY  AND  AGE"  (Para.) 

CENTURY— (3,000),  25c,  7  days.  Gross: 
$6,000.     (Average,   $6,000) 

"I'M  NO  ANGEL"   (Para.) 

GREAT  LAKES— (3,000),  25c-40c,  7  days. 
Gross:   $27,200.     (Average,   $10.0()0.) 
"ONE  SUNDAY  AFTERNOON"  (Para.) 

HIPPODROME  —  (2,100),  25c,  6  days. 
Stage:  Ann  Codec,  Bob  Ripa,  Ann  Pritchard 
&  Jack  Goldie  Revue,  with  Shibley  Sisters; 
Larimer  &  Hudson,  Stanley  Bros.  &  Atree, 
Joseph  E.  Howard,  with  Radio  Happiness 
Girls;  Mills,  Gold  &  Ray,  with  Chuck 
Howard  and  Alda  Deery;  Lowe  &  Hite. 
Gross:  $10,000.  (Average  for  week,  $10,000.) 
"TARZAN,  THE  FEARLESS"  (Principal) 

LAFAYETTE— (3,300),  25c,  7  days.  Gross: 
$6,700.     (Average,  $6,500.) 


Seattle  Goes 
For  Mae  West 
With  $15,000 


Seattle,  Nov.  12. — "I'm  No  Angel" 
was  by  far  the  outstanding  attraction 
of  the  week,  registering  a  gross  of 
about  $15,000  against  an  average 
$7,000.  The  West  opus  was  moved 
to   the    Paramount   for    an    extended 


Other  houses,  without  exception, 
were  below  normal,  giving  evidence 
of  the  overseated  condition  of  the  city 
at  the  present  time.  "The  Way  to 
Love"  at  the  Paramount  took  about 
$6,000  in  nine  days,  against  the  same 
gross  average  for  seven  days.  "The 
Bowery,"  in  its  third  and  final  week 
at  the  Blue  Mouse,  was  somewhat  be- 
low average,  as  was  also  "Ever  in  My 
Heart"  at  the  Music  Box.  "Pilgrim- 
age in  the  Roxy  for  five  days  pleased 
audiences,  but  failed  to  draw  much 
patronage,  and  "Golden  Harvest"  with 
vaudeville  at  the  Orpheum  was  also 
under  the  previous  week's  figures. 

Total  first  run  business  wa,s  $44,000. 
Average  is  $42,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  4: 

"THE  BOWERY"  (U.  A.) 

BLUE  MOUSE>-(950),  25c-3Sc-40c-SSc  7 
days,  3rd  week.  Grvsa:  $3,500.  (Average, 
1st  week,  $4,000.) 

"I'M  NO  ANGEL"  (Para.) 

FIFTH  AVENUE— (2,450).  25c-3Sc-40c-55c. 
7  days.    Gross:  $15,000.   (Average.  $7,000.) 
"TERROR   TRAIL"   (Univ.) 
"REFORM  GIRL"  (Tower) 

LIBERTY— (1,800).     10c-15c-25c,     7    days. 
Gross:    $3,750.    (Average,   $4,000.) 
"NIGHT    AND    DAY"    ((^aumont-British) 

METROPOLITAN— (1,300),  20c-30c-40c.  7 
days.    Gross:  $2,500.   (Average,  $3,500.) 
"EVER  IN  MY  HEART"  (Warners) 

MUSIC  BOX— (950),  25c-35c-40c-S5c,  7 
days.  Walter  Buxbaum,  pianist,  in  person. 
Gross:  $3,250.    (Average.   $4,000.) 

"GOLDEN  HARVEST"  (Para.) 

ORP-HEUM  —  (2,500),  25c-35c-40c-S5c,  7 
days.  Vaudeville  headed  by  Godino  Twins. 
Gross:   $6,000.    (Average,  $7,000.) 

"THE  WAY  TO  LOVE"  (Para.) 

PARAMOUNT— (3,050),  25c-35c-40c-SSc.  9 
days.  Gross:  $6,000.  (Average,  7  days,  $6,- 
000.) 

"PILGRIMAGE"  (Fox) 

ROXY— (2,275),  25c-35c-50c,  S  days.  Cm- 
$4,000.   (Average.  7  days,  $6,500.) 


-i 


B.  &  K,  Deals  of  *'U" 
First  for  the  Loop 

Chicago,  Nov.  12.— Universal  has 
closed  with  B.  &  K.  for  a  number  of 
Loop  engagements  for  the  first  time 
in  the  history  of  the  distributor.  This 
means  Universal's  "A"  product  will 
be  divided  among  the  Roosevelt,  Chi- 
cago.  United  Artists  and  McVickers. 


Cincy  Reports  17  Open 

Cincinnati,  Nov.  12. — Favorable 
straws  in  the  industrial  wind  show 
that  17  houses  reopened  in  the  Ohio 
and  West  Virginia  sectors  of  the  Cin- 
cinnati trade  territory  during  Septem- 
ber. Only  three  closings  were  re- 
ported during  that  period,  according 
to  records  of  the  Cincinnati  Film 
Board  of  Trade. 


** Parade**  Portland  Hit 

Portland,  Nov  12. — "Footlight  Pa- 
rade" showed  to  30,000  persons  in  its 
first  week  at  the  Music  Box  and 
grossed  $8,000  the  first  four  days, 
topping  "Gold  Diggers  of  1933." 


Monday,   November    13,    1933 


MOTION  PICTURE 

DAILY 


Twin  Cities 
Tip  $11,500 
To  "Bowery 


Minneapolis,  Nov.  12. — "The  Bo^y- 
ery"  was  strong  in  both  of  the  Twin 
Cities  last  week.  At  the  State  here 
it  reached  $6,000,  up  by  $500,  and  at 
the  Paramount  across  the  river  it  took 
$5,500,  also  $500  up,  making  a  total 
gross  for  the  two  spots  of  $11,500. 

"My  Weakness"  also  was  a  good 
draw.  It  reached  $4,000  at  the  Century 
here  and  the  same  amount  at  the  St. 
Paul  Riviera. 

Total  grosses  in  Minneapolis  were 
$18,500.  Average  is  $17,200.  The  five 
St.  Paul  first  runs  took  $16,000,  over 
normal  by  $1,000. 

Estimated  takings: 

Minneapolis: 
Week  Ending  Nov.  2: 

"MY   WEAKNESS"    (Fox) 

CENTURY— (1,640),  2Sc-40c,  7  days. 
Gross:   $4,000.    (Average,   $3,500.) 

"TILLIE  AND  GUS"   (Para.) 

LYRIC— (1,238),  20c-25c,  7  days.  Gross: 
$1,500.   (Average,  $1,500.) 

Week  Ending  Nov.  3: 

"BUREAU   OF   MISSING  PERSONS" 
(F.  N.) 

RKO  ORPHEUM-(2,900),  20c-40c.  7  days. 
Gross:  $5,800.  (Average,  $5,500.) 

"THE  BOWERY"  (U.  A.) 

STATE— (2,300),  25c-40c,  7  days.  Gross: 
$6,000.   (Average,  $5,500.) 

"THE   GOOD  COMPANIONS"   (Fox) 

WORLD— (400),  2Sc-75c,  7  days.  Gross: 
$1,200.    (Average,   $1,200.) 

St.  Paul: 
Week  Ending  Nov.  2: 

"THE  BOWERY"   (U.  A.) 

PARAMOUNT— (2,300).  25c-40c,  7  days. 
Gross:   $5,500.    (Average,  $5,000.) 

"MY  WEAKNESS"   (Fox) 
RIVIERA— (1,200),  25c-40c,  7  days.  Gross: 
$4,000.    (Average,   $3,500.) 

"CHANCE    AT   HEAVEN"    (Radio) 
RKO  ORPHEUM— (2,600),  20c-40c.  4  days. 
Gross:   $2,200. 

"DELUGE"   (Radio) 
RKO  ORPHEUM— (2,600),  20c-40c,  3  days. 
Gross:  $1,800.   (Average  for  week,  $4,000.) 
"SATURDAY'S    MILLIONS"    (Univ.) 
TOWER— (1,000),   15c-25c,  4  days.   Gross: 
$900.   (Average,  $800.) 

"GRAND  SLAM"  (F.  N.) 
TOWER— (1,000),   15c-25c,  3   days.   Gross: 
$600.    (Average,   $700.) 

"F.  P.  1"   (Fox) 
WORLD— (300),    2Sc-7Sc,    7    days.    Gross: 
$1,000. 


Churchmen  to  Check 
Upon  Immoral  Films 

London,  Nov.  12. — One  of  the  out- 
growths of  the  recent  International 
Catholic  Cinema  Congress  at  Brussels 
is  the  formation  of  a  group  to  check 
moral  standards  in  films  throughout 
the  world,  the  object  being  to  discour- 
age immoral  and  anti-religious  films. 

A  full  time  secretary  will  be  named 
and  his  job  will  be  to  travel  to  vari- 
ous countries  and  get  in  touch  with 
organizations  sympathetic  with  these 
purposes. 


Hollywood  On  Parade 


By  BILL  SWIGART 


Seattle  to  Get  Vaude 

Seattle,  Nov.  12. — Pantages  vaude- 
ville will  open  at  the  Roxy  here  this 
week,  according  to  an  agreement  just 
signed  by  Jensen-VonHerberg  and 
Alexander   Pantages. 

Five  acts  will  be  presented  each 
week,  with  first  run  pictures  from 
Universal,  Columbia,  and  independent 
companies  already  booked.  The  same 
shows  will  also  play  Jensen-VonHer- 
berg's  Roxy  in  Tacoma,  and  will  be 
presented  by  Pantages  himself  in 
Portland. 


Hollywood,  Nov.  12. — It's  not  the 
code,  it's  not  the  climate,  it's  not 
the  temperament  that  keeps  Holywood 
agitated.     No,   sir !     It's  money. 

Elsewhere,  money  may  be  the  root 
of  all  evil;  but  in  Hollywood  money 
is  the  seed  of  all  turmoil. 

Executives  want  theirs,  stars  want 
theirs,  writers  want  theirs,  labor  and 
technicians  want  theirs.  Not  to  men- 
tion agents,  press  agents  and  everyone 
else  who  feeds  of  the  golden  calf  that 
is   called  movies. 

A  lot  of  folks  out  here  are  willing 
to  believe  that  Mr.  Roosevelt 
and  Mr.  Rosenblatt,  not  kidded  a 
bit  by  claims  and  counter-claims, 
know  exactly  the  source  of  all  the 
heat — and  will  act  accordingly. 

But,  says  Hollywood  in  general,  if 
the  big,  bad  code  goes  too  "humani- 
tarian and  idealistic,"  it  is  liable  to 
defeat  itself.  For  if  the  heavy  money 
makers  are  cut  to  the  bone,  thousands 
of  innocent  bystanders  will  be  injured 
worse  than  the  principals.  Hollywood, 
while  it  pays  off  big,  also  spends  in 
the  large  manner.  Few  of  the  heavy- 
salaried  boys  and  girls,  in  the  pro- 
duction end,  hold  on  to  a  great  deal 
of  their  revenue,  but  spend  liberally. 

Whittling  down  a  $75,000,000 
payroll  to,  say,  $50,000,000,  or  even 
$40,000,000,  is  going  to  do  more  harm 
to  the  economic  life  of  the  community 
at  large  than  a  few  hundred  or  thou- 
sand odd  jobs  can  do  good.  At  least, 
that's  the  reasoning  prevalent  in  the 
picture  colony  which,  after  all,  can 
absorb  only  about  one-tenth  of  the 
working  population  at  peak  of  pro- 
duction. 

• 

BITS  OF  THIS  AND  THAT: 
Patsy  Ruth  Miller  says  German 
sounds  like  people  trying  to  be  funny. 
Perhaps  she  was  thinkinsf  of  Jack 
Pearl  when  she  made  the  crack.  .  .  . 
When  asked  what  his  operation  was 
all  about,  Groucho  Marx  said  he 
just  had  a  brass  rail  removed  from 
his  foot.  .  .  .  Remember  the  time 
FiFi  DoRSAY  was  arrested  in  Detroit 
for  kissing  a  policeman  in  the  public 
square?  Well,  she  did  the  same  thing 
to  Secretary  of  Navy  Swanson  at 
a  luncheon  at  M-G-M,  but,  of  course, 
did  not  get  as  much  publicity  as  the 
Detroit  incident,  because  her  kissing 
escapades  have  ceased  to  become 
news.  .  .  .  Nils  Asther  solved  the 
mystery  of  his  missing  pipe  tobacco 
when  he  discovered  his  Great  Dane 
pilfering  the  humidor,  eating  and 
liking  it.  The  Swedish  actor  immedi- 
ately found  a  new  hiding  place  for 
the  costly  mixture  in  preference  to 
hamburger,  which  is  much  cheaper. 
.  .  .  Katharine  Hepburn  is  deter- 
mined to  do  a  play  in  New  York 
before  making  another  picture.  .  .  . 
Helen  Chandler  is  being  seriously 
considered  by  John  Barrymore  to 
play  the  part  of  Ophelia  in  his  out- 
door production  of  "Hamlet"  to  be 
staged  at  the  Hollywood  Bowl  next 
summer. 

Winnie  Sheehan  is  putting  it  on 
heavy  for  Janet  Gaynor  in  "The 
House  of  CTonnelly"  by  surrounding 
her  with  the  best  cast  obtainable,  and 
no  expense  will  be  spared  to  make 
this  the  ace  Fox  picture  of  the  year. 
He  is  doing  the  same  with  Lew 
Brown's  "Movietone  Follies.".  .  . 
Wanda  Tuchock  will  soon  become 
the    second    woman    contract   director 


Rogers  Explains  It 

Hollywood,  Nov.  12. — Here  is 
a  Will  Rogers  success  story. 

"As  a  success  I'm  a  rank 
failure.  To  attain  success  in 
Hollywood  you've  got  to  owe 
at  least  half  a  million  dollars, 
have  five  cars,  a  fur-lined 
bath  tub,  develop  a  lot  of 
temperament  for  no  reason 
at  all,  get  mixed  up  in  at 
least  three  divorces  and  no 
less  than  two  breach  of  prom- 
ise cases. 

"I'm  too  old  to  learn  new 
tricks  and,  besides,  I'm  pretty 
well  ofif  in  a  domestic  way 
and  ain't  yearning  for  any 
change.  I  own  one  car  and, 
for  recreation,  I  spend  a 
great  deal  of  my  time  enjoy- 
ing the  company  of  my  polo 
ponies  and  goats.  There's 
nothing  like  the  companion- 
ship of  a  horse  or  a  goat 
They  can't  laugh  at  you  and 
they  never  gossip.  At  least 
not  as  far  as  I  can  find  out." 


Grosses  Take 
Sudden  Slump 
In  Pittsburgh 


in  Hollywood  when  she  swings  into 
production  on  "Just  Off  Fifth  Ave- 
nue" for  Radio.  The  only  other 
female  free  lance  directress  now 
active  is  Dorothy  Arzner. 
• 

Story  similarities  between  Univer- 
sal's  "Only  Yesterday,"  and  Ste,^an 
Zweig's  "Letter  to  an  Unknown 
Woman,"  which  was  announced  as 
purchased  by  Radio  several  months 
ago,  have  sent  glimmering  the  hope 
that  the  latter  story  will  ever  reach 
the  screen.  According  to  reports  from 
Radio,  the  story  was  evidently  not 
purchased  outright  and  the  studio 
failed  to  take  up  the  option. 
• 

Sam  Goldwyn  put  over  a  nifty  on 
the  local  snoopers  recently  when  he 
pulled  a  sneak  preview  of  the  Eddie 
Cantor  picture,  "Roman  Scandals," 
in  a  small  town  near  San  Francisco. 
The  showing  was  planned  so  carefully 
that  the  Goldwyn  execs  had  to  get 
a  24-hour  start  to  get  there  in  time. 
Even  then  they  had  a  heluva  time 
finding  the  preview  house.  There 
wasn't  a  reporter  within  miles. 


Pittsburgh,  Nov.  12. — The  bottom 
fell  out  of  the  film  business  here  last 
week,  and  almost  without  exception 
grosses  tumbled  to  mid-summer  lows. 

At  the  Penn,  "Bombshell"  was  the 
biggest  disappointment,  getting  only 
around  $10,000.  The  picture  won  fine 
notices.  "The  Way  to  Love"  was  an- 
other disappointment  at  the  Stanley. 
It  gave  the  house  its  worst  business 
in  months  and  was  pulled  after  only 
five  days  with  $5,500. 

The  Warner  and  Davis  didn't  fare 
so  badly,  the  former  getting  $4,600 
with  "The  Kennel  Murder  Case"  and 
the  latter  $2,300  with  "The  Ace  of 
Aces."  The  Fulton  had  a  struggle  to 
get  $3,000  with  "Turn  Back  the 
Clock,"  while  "By  Appointment  Only" 
and  vaudeville  slipped  the  Pitt  to 
$3,700. 

Mae  West's  "I'm  No  Angel"  ran 
eight  days  at  the  Aldine,  gathering  an 
average  of  $1,000  daily.  The  house 
was  reopened  just  for  this  picture, 
brought  here  after  its  great  week  at 
the  Penn,  and  was  immediately  closed 
again  after  the  engagement. 

Total  grosses  in  six  first  runs  were 
$29,100.    Average  is  $37,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  4: 

"I'M  NO  ANGEL"  (Para.) 

ALDINE— (2,100).  25c-50c,  8  days.  Gross: 
$8,000. 

"ACE   OF   ACES"    (Radio) 

DAVIS— (1,700),    25c-40c,    6    days.    Gross: 
$2,300.   (Average,  $2,500.) 
"TURN    BACK   THE    CLCKK"    (M-G-M) 

FULTON— (1,750),  15c-40c,  6  days.  Gross: 
$3,000.    (Average,  $4,000.) 

"BOMBSHELL"    (M-G-M) 

PENN— (3,300),    25c-50c,    6    days.    Gross: 
$10,000.    (Average,  $12,000.) 
"BY    APPOINTMENT   ONLY"    (Chester.) 

PITT— (1,600),  15c-40c,  6  days.  Stage: 
Kirby  and  Duval,  Three  Miller  Brothers. 
Wilton  Sisters,  Johnny  Hyman,  Dodge 
Brothers  revue.  Hartley  and  Alvarez  and 
Happy  Harrison's  Circus.  Gross:  $3,700. 
(Average,  $4,500.) 

"THE    WAY   TO   LOVE"    (Para.) 

STANLEY— (3,600),  25c-S0c,  5  days. 
Gross:  $5,500.  (Average,  for  6  days,  $9,000.) 

"KENNEL  MURDER  CASE"   (F.  N.) 

WARNER— (2,000),  25c-50c,  6  days.  Gross: 
$4,600.  (Average,  $5,000.) 


Pick  Helen  Hayes*  Next 

Hollywood,  Nov.  12. — Metro  has 
lined  up  the  play,  "What  Every  Wo- 
man Knows,"  as  Helen  Hayes'  next 
vehicle,  following  the  completion  of 
her  personal  appearance  tour. 

It  is  a  play  by  Sir  James  Barrie 
and  was  the  vehicle  for  one  of  her  ini- 
tial stage  appearances.  Irving  Thal- 
berg  will  produce.  The  picture  is 
slated  for  production  in  the  spring. 


LeRoy  Has  Play  Idea 

Hollywood,  Nov.  12. — As  soon  as 
Mervyn  Leroy  is  able  to  get  a  fur- 
lough from  his  Warner  directorial  con- 
tract, he  wants  to  return  to  New  York 
to  direct  a  play  of  his  own  under  the 
title  of  "Insincere  City."  The  direc- 
tor has  been  nursing  this  story  along 
for  years  and  finally  made  a  deal  on 
his  recent  New  York  trip  for  a  Broad- 
way showing. 


Delay  **Laughing  Boy" 

Hollywood,  Nov.  12. — Departure  of 
M-G-M's  "Laughing  Boy"  unit  for 
Arizona  has  again  been  delayed.  The 
company  was  slated  to  get  away  two 
weeks  ago. 

Repeated  postponements  have  been 
due  to  several  re-hashings  of  the 
story. 


Fox  Signs  Hoffenstein 

Hollywood,  Nov.  12. — Samuel  Hof- 
fenstein gets  a  Fox  ticket  to  do  the 
screen  adaptation  of  "All  Men  Are 
Enemies,"  from  the  novel  by  Richard 
Aldington. 

The  studio  is  making  plans  to  build 
this  film  to  one  of  the  biggest  on  the 
program. 


Team  Farrell-Del  Rio 

Hollywood,  Nov.  12. — Radio  has 
teamed  Charles  Farrel!  and  Dolores 
Del  Rio  for  co-starring  honors  in 
"Dance  of  Desire."  Cyril  Hume  is 
working  on  the  screen  play. 


and  now  "Lho  Critics 


(ZV2  Stars)  .  .  .  "A  new  star  has  risen 
and  is  sliining  brightly  on  the  Music 
Hail  screen  since  yesterday,  when 
Margaret  Sullovon  appeared  in 
Universol's  'Only  Yesterday/" 

n.  y.  dDdtCy  Mirror: 

"This  beautiful,  sensitive  love  story  is 
played  by  one  of  the  finest  costs  ever 
assembled  for  a  single  film.  Among 
the  95  established  players  who  ap- 
pear in  it  you  will  find  a  new  star 
of  genuine  brilliance.  She  is  Margaret 
Sullovon,  who  gives  a  performance 
of  such  lustrous  beauty  it  will  thrill 
you  and  of  such  simple  sincerity  it 
will  break  your  heart." 

Jl.  y.  Qmerieant    ^ 

"Margaret  Sullovon  scores  heavily 
. . .  'Only  Yesterday'  possesses  quality 
in  production  and  has  its  moments  of 
affecting  beauty  .  .  .  The  picture  is 
distinguished  by  the  effective  pre- 
tending of  Margaret  Sullovon,  the 
light  charm  of  Billie  Burke  and  the 
presence  of  John  Boles,  who  does  just 
a  bit  better  than  ever  before." 


n.  y.  dournai: 

"There  were  any  number  of  handker- 
chiefs in  evidence  at  the  Music  Hall 
yesterday.  For  'Only  Yesterday'  is  a 
picture  to  induce  sobs  from  those  who 
like  their  movies  tearful... Margaret 
Sullovon  mokes  her  screen  debut  and 
establishes  herself  as  on  emotional 
actress." 

n.  y.  Wo^Cd'^teCegtam: 

"Still  another  picture  which  comes 
under  the  head  of  'drop  everything 
and  see  it  at  once'  attractions  is 
'Only  Yesterday'  ...  A  beautifully 
tender,  sweet  and  charming  love 
story,  it  features  a  new  star,  who 
most  certainly  demonstrates  here 
that  she  is  one  of  the  finest  actresses 
the  screen  has  yet  lured  away  from 
the  stage.' 


// 


n.  y.  (pest: 

"Morgoret  Sullovon  managed  ...  to 
extort  loud  and  anguished  sobs  from 
yesterday's  audience... 'Only  Yester- 
day' belongs  among  the  superior 
Hollywood  productions." 


JOHN  M.  STAHLS 


tto  Uj  One  Belter/ 


Jl.  %  Sun: 

"The  dramatic  critics  had  better 
stop  praising  these  newcomers  — 
if  they  wish  to  Iceep  them  to  have 
and  to  hold.  Bless  their  discern- 
ing hearts,  they  have  praised 
Margaret  Sullavan  straight  into 
talkie  stardom/' 

n.  y.  HetaCd  ^xi6uHe: 


"As  the  tragic  and  lovelorn  hero- 
ine of  the  shrewdly  devised 
sentimental  orgy  called  'Only 
Yesterday/  Margaret  Sullavan 
plays  with  such  forthright  sym- 
pathy, wise  reticence  and  honest 
feeling  that  she  not  only  assures 
the  econjomicsuccess  of  the  picture, 
but  establishes  herself  with  some 
definiteness  as  one  of  the  cinemr 
people  to  be  watched/' 

"Margaret  Sullavan  gives  a  sterl- 
ing performance This  romantic 

drama  is  imbued  with  genuinely 
affecting  sentiment  and  occasional 
interludes  of  gentle  humor/' 


GREATEST  PRODUCTION 
FOR  UNIVERSAL 


MARGARET 


JOHN 


Billie  Burke,  Edna  May  Oliver^  Reginald  Denny, 

Benita  Hume,  Onslow  Stevens,  Jimmie  Butler 

and  many  others.  Produced  by  Carl 

Laemmie,  Jr.  Suggested  by  the  book  by 

Frederick  Lewis  Allen.  Presented 

by  Carl  Laemmie. 


10 


MOTION  PICTURE 

DAILY 


Monday,  November   13,   1933 


Warner  Loss 
For  1933  Is 
Reduced  55  9^0 


(Continued  from  page  1) 

earned  after  deduction  of  all  charges, 
including  interest,  amortization  and 
depreciation,  Harry  M.  Warner,  presi- 
dent, states  in  a  letter  to  stockholders 
which  accompanies  the  report. 

A  reduction  of  78  per  cent  in  net 
loss  was  shown  for  the  final  quarter 
ended  Aug.  26,  as  compared  with  the 
corresponding  period  a  year  ago.  The 
net  loss  for  the  final  quarter  this  year 
was  $1,269,973,  as  compared  with  a 
net  loss  of  $5,852,298  for  the  same 
period  last  year. 

In  addition  to  the  operating  loss  for 
the  year,  a  net  charge  of  $1,176,591 
has  been  made  to  deficit,  the  report 
states.  The  item  is  said  to  include 
losses  of  a  non-recurring  nature. 
Mortgages  and  funded  debt  were  re- 
duced from  $96,922,500  as  of  Aug.  27, 
1932,  to  $90,627,930  as  of  Aug.  26,  of 
this  year,  "without  making  any  sub- 
stantial change  in  the  cash  position  of 
the  company,"  the  report  states.  Cash 
on  hand  was  $2,831,123,  Aug.  26,  as 
compared  with  $2,928,645  a  year  ago. 

Loss  Cut  Though  Grosses  Fell 

The  report  points  out  that  "although 
film  rental  and  box-office  receipts  for 
the  year  ended  Aug.  26,  1933,  show  a 
substantial  reduction  as  compared  with 
the  previous  year,  the  net  loss  this 
year  shows  a  decrease  of  55  per  cent 
as  compared  with  the  previous  year." 

Due  to  the  failure  of  the  company 
to  pay  a  preferred  stock  dividend  since 
March  2,  1932,  stockholders  will  be 
entitled  to  elect  six  directors,  consti- 
tuting a  majority  of  the  Warner 
board,  to  succeed  the  directors  whose 
terms  expire  Dec.  11,  the  date  of  the 
next  annual  meeting  of  the  board, 
Warners'  letter  to  the  stockholders 
declares. 

The  letter  adds  that  the  funded  in- 
debtedness of  the  company  maturing 
within  one  year  amounts  to  $8,151,950, 
including  $3,345,850  of  sinking  fund 
and  mortgage  installment  payments. 
It  is  indicated  that  efforts  will  be 
made  to  renew  the  mortgages  as  they 
mature. 

"Forty-second  Street,"  "Gold  Dig- 
gers of  1933"  and  "Footlight  Parade" 
are  cited  in  the  letter  as  the  company's 
most  successful  properties  of  the  year. 


Fox  to  Put  11  Into 
Work  by  Christmas 

(Continued  from  page  1) 

O'Brien;  "Coming  Out  Party," 
"Woman  and  the  Law,"  "Dissolution," 
co-starring  Sally  Eilers  and  Victor 
Jory ;  an  untitled  Wurtzel  production  ; 
"David  Harum,"  starring  Will  Rog- 
ers ;  "The  Fox  Movietone  Follies" ; 
an  untitled  Buddy  De  Sylva  produc- 
tion; "Lottery  Lover,"  starring  Lilian 
Harvey,  and  "All  Men  Are  Enemies." 


Indiana  House  Burned 

Indianapolis,  Nov.  12. — Fire  has 
destroyed  the  Indiana  at  Bloomington. 
It  was  operated  by  Harry  Vonder- 
schmitt,  who  also  controls  houses  in 
Crawfordsville,  Bedford  and  Green- 
castle.  The  damage  is  estimated  at 
$100,000. 


Loew's  May  Not  Get  Pali 
Group;  F.  &M.  Mentioned 


RKO  and  KAO  Stock 
Transfer  Approved 

(Continued  from  page  1) 
ceivership  and  Orpheum  bankruptcy 
was  questioned.  William  J.  Dono- 
van, counsel  for  Irving  Trust  Co.  as 
receiver  for  RKO,  told  the  court  that 
continuance  of  the  exchange  would 
be  in  the  best  interests  of  the  com- 
pany. He  said  that  about  30,000  stock- 
holders were  involved  and  while  it 
was  not  practicable  to  communicate 
with  all  of  them,  no  objections  to  the 
continuance  of  the  exchange  had  been 
made  by  either  Paul  Mazur  of  Leh- 
man Bros.,  as  chairman  of  the  stock- 
holders' committee,  or  by  RCA,  the 
two  largest  stockholders'  groups. 

The  exchange  is  on  the  basis  of 
three  shares  of  RKO  common  for 
each  share  of  K-A-O  preferred;  one 
share  of  RKO  common  for  one  share 
of  K-A-0  common ;  two  shares  of 
K-A-0  common  for  each  share  of 
Orpheum,  and  one  share  of  RKO 
common  for  one  share  of  Orpheum. 


Texas  Towns  Report 
Pick  Up  in  Business 

Houston,  Nov.  12. — In  Houston, 
Dallas  and  Fort  Worth,  exhibitors 
and  equipment  dealers  report  a  gen- 
eral improvement  in  business.  Atten- 
dance at  theatres  has  increased  and 
sales  for  equipment  are  considerably 
better  than  last  year.  There  are  ex- 
cellent prospects  for  a  still  better 
business  during  the  winter  months, 
and  many  exhibitors  contemplate  rais- 
ing admissions.  Ten-cent  scales  are 
expected  to  become  a  thing  of  the  past. 

In  most  of  the  small  towns  the 
average  admission  for  specials  runs 
from  25  cents  up  to  35  cents. 


"Tonight,"  $64,000, 
Tops  B'way  Grosses 

Smash  hits  were  absent  among 
Manhattan  first  runs  last  week.  "Af- 
ter Tonight"  reached  $64,000  at  the 
Music  Hall,  but  this  was  a  drop 
from  some  of  the  recent  high  grosses 
there. 

"Berkeley  Square"  took  $15,791  at 
the  Palace;  "Kennel  Murder  Case"  in 
its  second  week  at  the  Rialto,  was 
good  for  $10,200;  "My  Lips  Betray" 
and  a  stage  show  garnered  $28,000 
at  the  7th  Ave.  Roxy,  and  "Eat  'Em 
Alive"  took  $6,187  at  the  Cameo. 


Vaude  Back  in  Vancouver 

Vancouver,  Nov.  12.  —  Pantages 
vaudeville  has  gone  into  the  Beacon 
to  play  with  a  feature  picture  and  one 
short  subject.  This  is  a  sort  of  an 
"old  home  week"  for  that  circuit,  as 
the  Beacon,  one  of  the  oldest  theatres 
in  town,  was  formerly  called  the  Pan- 
tages. 

When  Pantages  disposed  of  his 
houses,  this  one  was  dark  for  a  year, 
then  played  pictures  exclusively,  ex- 
perimented with  vaude,  and  has  finally 
settled  on  Pantages  circuit  again, 
with  no  change  in  ownership.  Roy 
McLeod  is  manager. 


(Continued  from  page  1) 

Cohen,  representing  F.  &  M.  Sagal 
would  not  reveal  identities  of  negotia- 
tors, but  said  he  would  operate  the 
houses  until  they  are  turned  over  to 
the  circuit  making  the  best  proposi- 
tion. 

According  to  reports  last  week, 
Loew's  was  understood  to  have  come 
to  an  agreement  with  Sagal  which 
provided  for  a  rental  of  $10,000  a 
week  for  the  group.  Reorganization 
plans  were  recently  approved  by  the 
court  and  provide  that  the  houses  be 
turned  over  to  a  management  group 
for  a  term  of  three  years. 


Studio  Chest  Drive 
Has  $24,212  Start 

Hollywood,  Nov.  12. —  First  four 
days  of  the  Community  Chest  drive 
within  the  industry  here  netted  the 
chest  a  total  of  $24,212  from  the 
major  studios  which  has  a  goal  of 
$200,000  to  reach.  This  amazing  start 
was  confirmed  to  B.  B.  Kahane,  chair- 
man of  the  committee,  by  L.  B. 
Mayer,  Joseph  M.  Schenck,  Jack  War- 
ner and  Fred  Beetson.  Of  the  amount 
collected  Radio  reported  $1,612;  M-G- 
M,  $13,500;  Fox,  $3,250;  20th  Cen- 
tury $2,400;  Warners,  $2,300. 

A  meeting  of  the  committee  in 
charge  of  the  independent  studios  and 
other  miscellaneous  groups  was  held 
today  under  the  chairmanship  of  Fred 
Beetson  and  decided  their  budget 
would  be  set  at  $19,000,  making  a 
total  of  $219,000  that  the  chest  expects 
to  receive  from  film  workers  here. 


Coast  Writers  Fight 
O.  K's  Upon  Stories 

Hollywood,  Nov.  12. — A  delega- 
tion of  local  fan  magazine  writers  are 
raising  a  protest  against  interference 
by  major  studios  in  interviews,  the 
studios  having  forced  an  issue  that  all 
stories  must  be  okayed  after  the 
writing. 

A  party  of  25  feminine  scribblers 
journeyed  to  Paramount  this  week  to 
object  to  the  company's  policy  on  Mae 
West.  The  delegation  plans  a  trip  to 
M-G-M  in  the  next  few  days  to  file  a 
complaint  on  the  Garbo  setup.  The 
idea  seems  to  be  that  the  magazine 
writers  want  the  same  freedom  of 
the  press  as  newspaper  scribes  have. 


Canadian  Managers  Shift 

Toronto,  Nov.  12. — Western  changes 
in  the  Famous  Players  circuit  include 
the  appointment  of  Walter  F.  Davis, 
formerly  of  the  Winnipeg  Uptown,  to 
be  manager  of  the  RKO  Capitol.  L. 
C.  Straw  of  the  Capitol  goes  to  Port 
Arthur,  replacing  Arthur  K.  Graiurn 
at  the  Colonial.  Graburn  is  trans- 
ferred to  the  Capitol  at  Trail,  B.  C. 


Akron  Exhibitors  Shift 

Akron,  O.,  Nov.  12. — The  indepen- 
dent setup  has  been  materially  changed 
here  as  a  result  of  the  secession  of 
the  local  group  from  the  M.  P.  T.  O. 
of  Ohio,  and  its  affiliation  with  the 
Cleveland  M.  P.  Exhibitors'  Ass'n. 


St.  Louis  Skouras 
Company  Bankrupt 

(Continued  from  page  1) 

Sept.  19,  shortly  after  Circuit  Judge 
Hamilton  had  dismissed  a  state  re- 
ceivership against  the  company.  This 
week  he  assessed  the  costs  in  that 
case  against  the  plaintiff.  On  orders 
from  Judge  Hamilton,  the  former 
state  court  receivers  Jesse  W.  Bar- 
rett and  Walter  H.  Nohl  turned  the 
assets  back  to  the  company,  which  is 
controlled  by  Warners. 


Bombers  in  Chicago 
Greet  "The  Bowery" 

Chicago,  Nov.  12. — During  the 
showing  of  "The  Bowery"  at  the 
United  Artists  real  Bowery  tactics 
were  tried,  but  it  was  not  a  tieup  for 
the  picture. 

Vandals  placed  two  stench  bombs 
in  the  theatre  and  when  the  word  got 
around,  184  patrons  asked  and  re- 
ceived their  money  back.  The  affair 
was  kept  quiet  and  didn't  reach  the 
press. 


"Yesterday"  Starts 
Coast  Ticket  Rush 

Hollywood,  Nov.  12. — Pantages 
opened  here  after  eight  months  with 
every  seat  in  the  house  sold  out  a 
day  ahead  for  Universal's  "Only  Yes- 
terday," which  played  at  $2  top. 

Many  last  minute  tickets  scrambles 
by  studio  players  were  fruitless,  with 
several  of  Universal's  top-notchers 
being  left  out  in  the  cold. 

"Yesterday**  Aids  Charity 

Kansas  City,  Nov.  12. — The  Fox 
Uptown  went  to  bat  in  a  big  way  for 
the  Allied  Charities  drive  by  staging 
a  "premiere"  of  Universal's  "Only 
Yesterday."  Tickets  were  $1,  and 
many  paid  more  than  the  suggested 
amount.  All  proceeds  went  to  charity, 
as  the  house  and  employes'  services, 
as  well  as  the  film,  were  furnished 
gratis. 

Fox  Midwest  Theatres  are  listed  as 
having  contributed  $500  to  the  charity 
drive. 


Fairbanks  After  Studio 

London,  Nov.  12. — Douglas  Fair- 
banks, Jr.,  and  Sr.,  are  reported  to  be 
dickering  for  the  Rex  Ingram  studios 
at  Nice  for  future  production  activi- 
ties. The  plant  is  controlled  at  pres- 
ent by  Gaumont  Franco-Aubert 


Warners  Readying  Six 

Hollywood,  Nov.  12. — "Easy  to 
Love,"  "The  Big  Shakedown,"  "Lady 
Killer,"  "Dark  Hazard,"  "Convention 
City"  and  "Bedside"  are  now  in  the 
cutting  room  at  the  Warner  studios 
being  readied  for  early  release. 


Lloyd  Bacon  Celebrating 

Hollywood,  Nov.  12. — With  the 
start  of  "Wunder  Bar,"  Lloyd  Bacon 
this  week  celebrates  his  tenth  year  as 
a  Warner  director. 


26  Vitaphones  in  Feb. 

Vitaphone  will  release  26  shorts 
during  February,  Norman  H.  Moray 
states. 


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JOAN  BENNETT 
PAUL  LUKAS 
FRANCES  DEE 
JEAN  PARKER 
Edna  May  Oliver 

Douglass  Montgomery 
Henry   Stephenson 

Directed  by  GEORGE  CUKOR,  MERIAN 
C.  COOPER,  executive  producer,  Kenneth 
Macgowan,  associate  producer. 


Hollywood  Preview . . . 


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k.  ■_ 


FOR  ''A  PICTURE  THAT  WILL  BE  REMEM- 
TALKED  ABOUT  AND  RELEASED  LONG 
AFTER  THIS  GENERATION  HAS  PASSED'' 


'Honestly,  reverently  and  beautifully 
made,  with  Katharine  Hepburn  and 
her  supporting  players  happily  fitted 
to  the  film  version,  "Little  Women"  is 
superbly  done  and  impressive." 

Daily  Variety  — Oct  31, 1933 

" showmen's  dream  of  the  ideal  attraction 

— and  that  means  a  golden  rain  across  the  counters 
of  every  theatre  in  the  country  until  the  supersti- 
tious exhibitor  will  begin  to  believe  that  Hepburn 
was  put  on  earth  especially  to  lead  him  out  of  the 
wilderness  of  depression 

" Artistically,  it  can  be  declared  the  finest 

production  Radio  has  ever  turned  out.  It  will 
challenge  comparison  with  the  best  productions 
that  have  come  from  any  other  studios.  It's  no 
trick  to  predict  that  it  will  be  listed  among  the 
masterpieces  of  the  industry  by  critics  of  all  canons 
and  degrees  of  fastidiousness 

" "Little  Women"  is  a  picture  for  the  classes 

and  the  masses — for  Main  Street  and  Park  Avenue 
— for  the  man  who  can't  read  or  write  and  for 
the  wizard  who  is  master  of  14  languages — for 
young  and  old,  for  boys,  girls,  men,  women 

" The  box-office  will  tell  the  final  story  on 

"Little  Women" — and  what  a  story  it  will  bel  — 
but  the  entire  motion  picture  industry  and  the 
American  public  can  rejoice  that  1933  gave  them 
this  picture,  whatever  disappointments  it  may  have 
passed  out  during  its  run." 

Hollywood  Reporter,  Oct.  31,  J 933 


PROUDLY  PRESENTED 

TO  THE  THEATRES  OF 

THE  WORLD  BY 

RKO-RADIO 
PICTURES 


HOT  jT 

~^ By  cwtm..       ^^  "^  • 

HOLLYWOOD 't  "*;"■  «■•-"•- v'Teleg,.,rT ' 

women  anr?  Tv?^     *  ^^^  shown.   As  th«  f?r         ^^^^  around 

Katharine  k'^   '^'''"'^  ^  none  in   thl  ^  '■"^^"'^0'•'s  di- 
and  Joan  R     P^"'""  outshines  even  L.  /  "^gaphone   ranks 

fact  evTytS  ^f'^J^^'^^T-n^JSr^rr'''^^^ 
won't  be'^sorry  t?at  th^'  T'  ''  ««™eone  S' r^v-T  ^"V" 
been  screened     «n-?     ^^  "'^^''^  of  your  ohiMK    ^^*',"*-   ^ou 
because  weV^Tif  .'^  "^^  ^«^  to  give  vou  «n     J^^''  ^^^^  has 
we  re  that  enthused  about  it         "  ^'^^""'^e  "otice- 


'^y 


MOTION  PICTURE 

DAILY 


Monday,  November   13,   1933 


Looking  ^Etn  Over 


,» 


"Good-Bye  Love 

(Radio) 

The  love  affairs  and  consequent  entanglements  of  Sidney  Blackmer 
and  Charles  Ruggles,  with  the  latter  not  apparently  in  best  form,  may 
go  over  with  neighborhood  audiences.  However,  this  independently  pro- 
duced picture  by  Joseph  I.  Schnitzer  and  Samuel  Zierler  for  Radio 
release  only  makes  for  mild  entertainment.  Ruggles'  and  Blackmer's 
names  may  help  draw  them  in. 

Having  alimony  trouble  with  Mayo  Methot,  Blackmer,  a  banker, 
maneuvers  his  stock  to  a  new  low  to  cut  the  weekly  payment.  He  is 
engaged  to  Veree  Teasdale,  who  is  out  after  his  money.  Ruggles  having 
difficulty  meeting  his  alimony  payment,  is  given  $2,500  by  Blackmer, 
his  boss,  to  pay  off,  but  instead  goes  to  Atlantic  City  for  a  good  time. 
There  he  meets  Miss  Teasdale  and  has  an  affair  with  her  after  he  poses 
as  Sir  Oswald  Groggs.  The  girl  disappears  leaving  Ruggles  to  pay  the 
bills. 

When  Ruggles,  the  butler,  returns  home  he  finds  his  master  marrying 
Miss  Teasdale.  Blackmer  and  Ruggles  plot  to  get  even  with  the  fortune 
hunter.  Miss  Teasdale  falls  for  the  ruse  and  this  leaves  Blackmer  free 
to  marry  his  secretary,  Phyliss  Barry,  who  has  loved  him  for  a  long  time 
without  being  emotional  about  it. 

When  j\Iiss  Teasdale  learns  Ruggles'  status  she  passes  out,  leaving 
him  to  carry  on  his  further  adventures  as  he  pleases.  George  Roesner 
and  Richard  Tucker  also  are  in  the  supporting  cast.  Bruce  Humber- 
stone  directed. 


"Tillie  and  Gus'' 

{Paramount) 

Loads  of  laughs  in  this  one  with  W.  C.  Fields  again  up  to  his  old 
tricks  and  Alison  Skipworth  contributing  swell  support.  Their  antics 
kept  a  Rialto  Theatre  audience  continually  breaking  out  in  laughter. 
It's  a  tonic  for  the  blues  and  a  treat  for  the  b.  o. 

Enjoying  their  wedded  life  by  being  separated  in  different  parts  of  the 
earth.  Fields  and  Miss  Skipworth,  who  have  not  been  doing  so  bad 
on  their  own,  are  brought  together  by  Jacquelin  Wells  and  Clifford 
Jones.  Miss  Wells'  father  has  passed  away  and  the  comedians  are 
among  the  beneficiaries.  When  they  arrive  they  find  that  all  but  the 
family  steamboat  is  left  of  the  estate.  Clarence  Wilson,  a  crooked 
attorney,  having  taken  care  of  the  other  items  for  himself.  When  Wilson's 
offer  to  buy  the  steamboat  is  turned  down,  he  tries  to  take  the  franchise 
away.  He  has  his  steamboat  race  with  Miss  Wells'  with  the  winner  to 
get  the  franchise.  Fields  fixes  it  so  the  conniving  lawyer  loses  out,  the 
event  resulting  in  the  reconciliation  between  him  and  his  wife. 

Baby  Le  Roy  again  charms  audiences  as  the  offspring  of  the  Joneses. 
George- Barbier,  Edgar  Kennedy  as  well  as  others  mentioned  above  do 
nice  work  in  making  this  comedy  unusually  entertaining.  Douglas  Mac- 
Lean  produced,  with  Francis  Martin  handling  direction. 


At  the  outbreak  of  war  Richard  Dix  is  a  sculptor  engaged  to  Miss 
Allan.  She  is  thrilled  by  the  pageantry  of  marching  regiments  and 
enlists  as  a  nurse.  He  tries  to  convince  her  the  killing  of  one's  fellow 
men  is  something  to  be  despised,  and  she  calls  him  yellow.  He  becomes 
an  aviator— a  lone  wolf  flyer  who  waits  in  the  blinding  sun  above  all 
other  flyers  and  swoops  down  on  his  prey.  They  meet  in  Paris  while 
he  is  on  a  48-hour  leave,  and  he  tells  her  he  wants  a  woman  on  his  own 
terms.     She  recoils,  but  accepts  later. 

Later  he  kills  a  young  German  flying  cadet  who  flies  over  the 
American  lines  to  drop  a  message  saying  one  of  the  American  flyers  has 
been  wounded.  On  a  later  flight  he  shows  his  first  signs  of  regret  and, 
in  a  moment  of  hesitancy,  is  wounded. 

Even  this  final  flight,  when  he  becomes  human  for  the  first  time,  is 
rnade  after  a  contemptuous  denunciation  by  a  superior  who  has  ordered 
him  to  stick  with  his  squadrons  and  help  protect  his  associates.  It's  a 
difficult  role. 


"Ace  of  Aces'* 

(Radio) 

Radio's  scenario  department  stirred  around  among  the  fading  memo- 
-ies  of  the  war  for  a  new  angle  on  the  psychological  reactions  of  two 
young  lovers  in  those  stirring  times  and  chose  an  aviation  background. 
The  resulting  film  is  spectacular  at  times,  but  it  presents  the  hero  as  a 
heartless  killer  seeking  nothing  but  his  personal  glorification  while 
earning  the  contempt  of  his  fellow  officers. 

This  leaves  the  girl  in  the  story,  Elizabeth  Allan,  with  the  only  sympa- 
thetic role.  Pacifists  may  think  it's  great,  but  the  mass  of  the  movie- 
going  public  who  like  to  think  of  war  aces  as  super-men  to  be  idolized 
may  not.    A  Palace  audience  maintained  a  chilly  silence  throughout. 


"The  Way  to  Love*' 

(Paramount) 

Light,  gay  throughout,  with  a  few  serious  moments  here  and  there, 
and  a  series  of  ingenious  gags  that  kept  a  Paramount  audience  chuckling 
— that's  "The  Way  to  Love."  Maurice  Chevalier  sings  a  song  now  and 
then,  but  the  musical  angles  are  subordinated  to  the  comedy. 

Chevalier  is  a  handy  man  in  a  quaint  Parisian  shop  run  by  Edward 
Everett  Horton,  who  photographs  customers,  gives  them  sun-ray  treat- 
ments and  advice  to  the  lovelorn,  and  sells  them  curios.  Chevalier's 
chief  ambition  is  to  become  a  uniformed  guide. 

In  the  course  of  his  gay  wanderings  he  saves  a  dog's  life  and  the 
animal  becomes  an  important  part  of  the  story  thereafter.  Romance 
creeps  in  when  he  shelters  Ann  Dvorak,  browbeaten  ward  of  a  knife 
thrower  in  a  carnival,  who  has  run  away.  He  takes  her  to  an  odd  roof- 
garden  atop  a  garage  where  he  lives  with  a  Moulin  Rouge  dancer  and 
a  young  American  pianist. 

On  the  day  he  achieves  his  ambition  to  become  a  guide  Horton's  wife 
goes  to  Miss  Dvorak  and  convinces  her  she  should  quit  Chevalier  for 
his  own  sake,  as  she  wants  him  to  marry  her  niece.  Disconsolate,  he 
and  Horton  start  out  on  a  toot,  and  from  then  on  the  story  is  one  smart 
gag  after  another  until  he  finds  Miss  Dvorak  again  at  the  carnival. 

As  Vic  Shapiro  indicated  in  his  Hollywood  preview  in  Motion 
Picture  Daily  of  Sept.  20,  "it's  swell  entertainment." 


a 


The  Mad  Game" 

(Fox) 

An  indictment  against  kidnapping  with  Spencer  Tracy  in  a  virile  role 
as  a  beer  baron  turning  the  tables  on  his  pals  who  double-cross  him. 
The  exploitation  possibilities  are  numerous  for  getting  the  public's  quick 
attention  on  this  one.  Tracy,  while  at  first  a  law  breaker  because  of 
his  beer-running  activities,  later  elicits  sympathy  when  he  becomes  an 
agent  of  the  government  and  dies  a  martyr  to  the  cause  he  once  fought. 
Ralph  Morgan  does  exceptional  work  in  a  small  role.  Claire  Trevor 
and  J.  Carrol  Naish  can  be  credited  with  a  swell  performance. 

Double  crossed  by  his  sweetheart,  Kathleen  Burke ;  John  Miljan,  his 
lawyer,  and  Naish,  his  henchman,  Tracy  is  sent  to  the  pen  for  five 
years.  While  he  is  there  Naish  takes  over  the  reins  as  head  of  the 
gang  and  with  the  advent  of  3.2  beer  the  new  leader  turns  to  kidnapping. 
Seeking  revenge,  Tracy  gets  the  warden  to  fix  it  with  Morgan  to  let 
him  try  to  round  up  the  kidnappers.  Morgan's  son  and  daughter-in-law 
are  captured  by  the  gang  and  with  the  aid  of  Miss  Trevor,  a  sob  sister 
on  tlie  Daily  Nems,  the  hero  corners  the  snatchers.  It  costs  him  his  life 
to  prove  his  trust,  but  he's  happy  he  did  it. 

Sol  Wurtzel  produced  and  Irving  Cummings  directed. 


"March  of  Champions'* 

(Paramount) 
A  short  that  takes  the  audience 
"back  when"  in  the  world  of  sports. 
Some  of  the  greatest  figures  in  sports 
are  shown  as  they  were  a  decade  or 
so  ago.  The  thrilling  thing  of  it  is 
that  they  are  shown  in  action.  Jack 
Dempsey,  Gene  Tunney,  Johnny 
WeissmuUer,  Gertrude  Ederle,  Babe 
Ruth,  Bobby  Jones,  "Red"  Grange 
and  the  Four  Horsemen  of  Notre 
Dame  move  across  the  screen  as  they 
were  at  the  height  of  their  athletic 
glory.  This  is  a  Grantland  Rice 
Sportlight.    Running  time,   10  mins. 


''Death  Attends  a  Party" 

( Bray-L  ulumbia) 
One  of  the  Minute  Mysteries  series, 
which  gives  the  audience  a  chance  at 
solving  the  crime  pictured  before  of- 
fering the  solution.  In  this,  the  clue 
which  reveals  the  case  to  be  a  murder 
instead  of  a  suicide  appears  rather 
flimsy  but  does  not  lessen  audience  in- 
terest in  the  film  as  a  whole,  which 
stacks  up  as  a  good  addition  to  a 
series  which  has  plenty  of  possibili- 
ties as  a  patronage  builder.  Running 
time.  0  mins. 


''Parade  of  the  Wooden 
Soldiers" 

(Paramount) 
Another  of  the  Betty  Boop  series 
of  animated  subjects  and  plenty  amus- 
ing. It  has  Betty  in  a  toy  shop  with 
the  articles  coming  to  life.  When 
King  Kong  breaks  loose  it  looks  like 
curtains  for  a  while,  but  the  soldiers 
and  animals  merge  forces  to  vanquish 
the  mammoth  ape.  There's  some 
catchy  music  to  boot.  Running  time, 
8   mins. 


"Below  the  Deep" 

(Principal) 
Paul  Goodman  collected  a  number 
of  silent  shots  taken  in  tropical  waters, 
pieced  them  together  and  added  a  run- 
ning monologue  to  describe  the  story 
of  Tagu,  a  native  chief,  who  tries  to 
shoo  off  the  American  pearl  hunters. 
He  gets  himself  into  all  sorts  of  trou- 
ble with  the  Americans,  but  they  are 
finally  cleared  up.  Richard  Arlen  and 
Virginia  Browne  Faire  are  among  the 
Americans  who  cause  the  trouble. 
Running  time,  20  mins. 


In  Almost  Any 

FEATURE  PICTURE 


.  .  .  you  are  now  likely  to  find  sequences 
demonstrating  that  ingenious  technical 
device,  the  composite  shot.  The  founda- 
tion for  those  sequences  is  most  likely  to 
be  Eastman  Background  Negative.  Be- 
cause of  its  amazingly  fine  grain,  this 
special  new  film  has  been  found  ideally 
suited  to  the ''shooting"  of  backgrounds 
that  are  to  be  projected  and  rephoto- 
graphed.  Eastman  Kodak  Company. 
(J.  E.  Brulatour,  Inc.,  Distributors, 
New  York,  Chicago,  Hollywood.) 


EASTMAN 

Background  Negative 


16 


MOTION  PICTURE 

DAILY 


Monday,  November   13,   1933 


a 


My  Heart"  at 
$43,000  with 
Loop  Falling 


Chicago,  Nov.  12.  —  Decline  of 
World's  Fair  patronage  was  reflected 
in  first  run  grosses  last  week.  "Ever 
in  My  Heart,"  with  a  stage  show 
which  included  Sally  Rand,  gave  the 
Chicago  $43,000.  This  is  $8,400  over 
average,  but  is  a  sharp  drop  from  re- 
cent weeks. 

"Ann  Vicker,"  also  with  a  show, 
gave  the  RKO  Palace  a  very  good 
$27,000. 

Total  first  run  business  was  $1.^^,- 
000.    Average  is  $120,000. 

Estimated  takings: 

Week  Ending  Oct.  31: 

"I'M  NO  ANGEL"   (Para.) 

ORIENTAL— (3,940),    30c-40c-60c,    7    days. 
Gross:  %i\.OO0.      (Average.  $23,(X)0.) 
^^    'TTIE    BOWERY"    (U.    A.) 

UNITED  ARTISTS— (1.700),  30c-40c-60c. 
3rd  weei,  7  days.  Gross:  $9,500.  (Aver- 
age. $17,000.) 

Week  Ending  Nov.  2: 

"EVER  IN  MY  HEART"  (Warners) 

CHICAGO— (4,000),  35c-50c-68c,  7  days. 
Stage:  James  Melton,  Sally  Rand.  Stan 
Kavanaugh,  Nell  Kelly,  California  Red 
Heads  and  others.  Gross:  $43,000.  (Aver- 
age,   $34,600.) 

"ANN   VICKERS"   (Radio) 

PALACE— (2,509),  35c-50c-75c,  7  days. 
Stage:  Phil  Baker  Revue  with  Irene  Beas- 
ly,  Buck  &  Bubbles  and  others.  Gross: 
$27,000.        (Average,    $22,000.) 

Week  Ending  Nov.  3: 
"KENNEL  MURDER  CASE"  (Warners) 

McVICKERS— (2.2S4),   30c-40c-60c,   7   days. 
Gross:    $11,000.        (Average,    $13,000.) 
"TARZAN,   THE   FEARLESS"    (Principal) 

ROOSEVELT— (1,591),  25c-35c-50c,  7  days. 
Gross:  $7,500.      (Average,  $11,000.) 


ii 


Way  to  Love"  and 
Show  Big  in  Omaha 

Omaha,  Nov.  12.— "The  Way  to 
Love"  brought  the  Paramount  a  nice 
week  at  $8,500  with  the  help  of  a 
stage  show,  "H«illywood  on  Revue." 
The  company  included  James  Hall, 
Agnes  Ayres  and  Babe  Kane. 

At  the  Orpheum,  "Meet  the  Baron" 
did  not  come  up  to  expectations,  but 
was  well  in  the  black  at  $7,500.  "The 
Worst  Woman  in  Paris"  was  the  rest 
of  the  double  bill.  "Lady  for  a  Day," 
holding  over  for  a  second  week  at 
the  Brandeis,  was  big  at  $5,000. 

The  World  slipped  to  about  $4,750 
with  "Stage  Mother"  and  "Golden 
Harvest." 

Total  first  run  business  was  $25,- 
750.      Average    is   $25,600. 

Estimated  takings : 

Week  Ending  Nov.  J: 

"THE    WAY    TO    LOVE"    (Para.) 

PARAMOUNT-(2,900),  2Sc-35c-50c.  7 
days.        Gross:    $8,500.        (Average,    $7,500.) 

Week  Ending  Nov.  2: 

"LADY    FOR    A    DAY"    (Col.) 

BRANDEI.S— (1,200).  25c-35c-40c,  7  days, 
2nd  week.  Gross:  $5,fX)0.  (Average,  $5,- 
000.) 

"STAGE  MOTHER"  (M-G-M) 
"GOLDEN    HARVEST"    (Panu) 
WORLD— (2,500),   25c-35c,    7   days.   Gross: 
$4,750.       (Average,   $5,850.) 

Week  Ending  Nov.  3: 

"MEET  THE  BARON"  (M-G-M) 

"THE   WORST   WOMAN    IN   PARIS" 

(Fox) 

ORPHEUM— (3,000),  2Sc.35c-40c,  7  days. 
GnMs:    $7,500.        (Average,    $7,250.) 


"Lips;*  Show  $28,000 

"My  Lips  fjctray"  and  the  stage 
show  at  the  7th  Ave.  Roxy  grossed 
$28,000  for  the  week  ending  Nov.  9. 


Harris  Takes  Old  Alvin 

Pittsburgh,  Nov.  12. — John  Har- 
ris has  taken  over  the  Old  Alvin 
and  plans  to  reopen  it  as  a  first  run 
on  Thanksgiving  Day.  He  is  now 
rushing  alterations.  This  will  make 
the  fifth  first  run  in  the  downtown 
area. 


Hill  Short  for  Music  Hall 

First  of  the  Edwin  C.  Hill  series 
being  produced  and  distributed  by 
Master  Arts  has  been  booked  for  the 
Music  Hall.  It  deals  with  the 
"Story  of  the  Roosevelt  Family  in 
America."  Loew's  is  the  latest  cir- 
cuit to  book  the  entire  Hill  series. 


Indianapolis  Lyric  Open 

Indianapolis,  Nov.  12. — The  Lyric, 
which  closed  some  weeks  ago  when 
union  difficulties  cropped  up,  reopened 
recently  with  a  straight  film  policy. 
When  the  house  closed  it  was  running 
vaudeville  with  shorts  and  newsreels. 
The  house  is  owned  and  operated  by 
Charles  M.  Olson. 


tfDeft 


direction  ♦  ♦  ♦ 

delightful 

humor  ♦  ♦  ♦  stirring 

L)  d  L  JL  L  \J  O  ♦  Photoplay  Magazine 


THE  MOST  GLORIOUS  LOVE 
STORY   SINCE    "7th   HEAVEN"! 


FRANK  BORZAGE 


Production 


SPENCER   TRACY  -  LORETTA   YOUNG 

.  Screen  play  by  Jo  Swerlin^ 

^         From  the  play  by  Lawrence  Hazard 

A    COLUMBIA 

PICTURE   fiW   ^ 

A  Screen  GuiUi  ^ 

Picture 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfur 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  114 


NEW  YORK,  TUESDAY,  NOVEMBER  14,  1933 


TEN  CENTS 


Cantor  Visit 
May  Set  Code 
Signing  Back 

Will    See    President    in 
Georgia  on  Nov.  21 


Invitation  of  the  President  to  see 
Eddie  Cantor  on  Nov.  21  at  Warm 
.Springs,  Ga.,  to 
discuss  the  actors' 
side  of  the  pro- 
Dosed  industry 
code  ijresages  an- 
other delay  in  the 
signing  of  the 
draft.  Cantor, 
who  is  president 
of  the  Screen  .\c- 
tors'  (juild,  rep- 
resents 1,300  ac- 
tors in  Hollywood 
and  yesterday 
stated  at  a  Sardi 
luncheon  he  feels 
the  President 
"has    been   misin- 

{Continned  on   paqc   6) 


Eddte  Cantor 


Labor  Board  to  Get 
Code  Controversies 

New  Orleans,  Nov.  13. — The  re- 
gional U.  S.  Labor  board  here  will 
have  charge  of  controversies  arising 
under  the  code,  when  adopted,  accord- 
ing to  Rev.  Peter  M.  H.  Wynhoven, 
chairman  of  the  board. 

The  board  consists  of  W.  H.  Alex- 
ander, president  Feibleman,  Inc. ; 
James  Dempsey,  Central  Trades  and 
Labor  Council ;  G.  C.  Muench,  Celo- 
Nichols,  Carpenters' 
Behre,  Pelican  Ice ; 
president.  Building 
E.  J.  McQuirk,  Ley- 
land  Lines ;  Louis  Sahuque,  Press- 
men's Union;  J.  X.  Wegman,  Lafay- 
ette F"ire  Insurance ;  G.  L.  Pickett, 
Machinists'  Union ;  Rev.  Mr.  Wyn- 
hoven, chairman. 

It  is  expected  that  labor  unions  will 
appeal  to  the  board  for  a  hearing  on 
Loew's  State  and  the  Saenger  houses 
as  soon  as  the  code  is  effective. 


tex ;      Z.      D. 
Union ;    C.    H. 
William     Ruth 
Trades  Council 


Local  Board  Names 
Pile  on  Rosenblatt 

Recommendations  for  the  personnel 
of  local  zoning  and  grievance  boards 
are  understood  to  be  pouring  into  Dep- 
uty NRA  Administrator  Sol  A.  Ros- 
enblatt's office  in  Washington.  Promi- 
nent exhibitors  and  exchange  men  in 
every  key  citv  are  said  to  be  among  the 
names  submitted. 


Tops  Fan  Mail 

Hollywood,  Nov.  13.— Dick 
Powell,  who  has  been  in  pic- 
tures only  one  year,  is  drag- 
ging in  more  fan  mail  than 
any  star  on  the  Warner  lot, 
according  to  the  studio.  He 
is  now  being  tabbed  as  the 
only  m.  of  c.  to  make  good 
on   the   screen. 


Limitation  of 
Wage  Clauses 
Up  to  Johnson 


W  ASJiiNGTO-NT,  Nov.  13. — Decision 
as  to  whether  the  order  of  the  Re- 
covery .Administration  policy  board 
requiring  wage  classifications  to  be 
limited  to  four  classes  of  unskilled 
labor  shall  be  applied  will  be  asked 
of  .Administrator  Hugh  S.  Johnson 
upon  his  return  to  Washington  to- 
morrow. 

That  tiie  film  code  has  been  held 
in  suspension  by  Colonel  W.  R.  Lea, 
acting  administrator,  because  of  the 
fact   that   objection   was   taken   to   the 

(Confimtcd    on    Paqc    6) 


Rosenblatt  Silent 
On  Signing  of  Code 

Sol  A.  Rosenblatt,  NR.A.  deputy, 
was  unable  to  say  yesterday  when  the 
code  would  be  forwarded  to  the  White 
House  for  President  Roosevelt's  sig-' 
nature,  Ed  Kuykendall,  M.P.T.0..4. 
president,  declared  following  a  con- 
versation with  Rosenblatt  during  the 
day. 

Similarly,  Kuykendall  was  unable 
to  obtain  any  further  information  on 
the  subject  from  Colonel   W.   R.   Lea, 

{Continued   on    l^ai/c-    6) 


REPEAL  REGARDED 
AS  THEATRE  HELP 


Iowa  Allied 
To  Go  On  As 
Independent 


.\n.\mos.\.  la.,  Nov.  13. — .Allied 
Theatre  Owners,  Inc.,  of  Iowa,  in- 
tends to  go  its  own  way  and  continue 
under  its  own  name  as  a  result  of  the 
action  taken  by  .Allied  .States  Ass'n, 
C.  L.  Niles,  president,  has  informed 
.Abram  F.   Myers. 

Xiles  says  approval  of  the  code 
was  given  by  Iowa  independents  rep- 
resented by  .Allied  after  "two  days  of 
careful  consideration"  and  the  action 
was  unanimous.  Similar  action  had 
been  taken  previously  by  Nebraska 
;nen  meeting  at  Omaha.  Niles  makes 
it  clear  that  the  organization  will 
(Continued  on   page  2) 


Plunkett'RKO  Suit 
Is  Reported  Ended 

An  out-of-court  settlement  of  a  suit 
for  compensation  f  ir  personal  services 
brought  bv  Joseph  Plunkett  against 
RKO,  and  pending  for  some  time,  was 
reixirted      vesterdav      to     have     been 

{Continued   on    pat/e   8) 


Films  to  Share  Tax 
Easement  on  Repeal 

W.JlSHIxgtox,  Nov.  13. — Repeal  of 
the  18th  .Amendment  will  nullify  a 
number  of  taxes  carried  in  the  Na- 
tional  Recovery  .Act  with  a  provision 

(Continued   on   paije   3) 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


'Sitting  Pretty'' 


(Rogers- Paramo II II I ) 

Hollywood,  Nov.  13. — "Sitting  Pretty"  is  tuneful  musiconiedy 
romance  with  Jack  Oakie,  Ginger  Rogers,  Thelma  Todd,  the  Pickens 
Sisters  and  Arthur  Jarrett.  Jack  Haley,  coniparatixe  newcomer  to  the 
screen,  gives  Oakie  a  run  for  the  spotlight. 

The  stf)ry  follows  the  ups  and  downs  of  two  song  writers,  rising  from 
a  publishing  house  in  Manhattan  to  the  studios  in  Hollywood.  The  film 
gives  some  new  inside  slants  behind  the  scenes. 

(Continued  on   pane   8) 


Purchasing   Power   Seen 

Rising  with  Liquor's 

Legal  Return 


Distribution  and  theatre  executives, 
for  the  most  part,  foresee  stimulated 
theatre  attendance  resulting  from  re- 
peal of  prohibition,  but  several,  while 
not  prophesying  a  decline  in  attend- 
ance, feel  that  the  return  of  open  and 
legal  imbibing  will  have  practically  no 
effect  on  the  bo.\-office  one  way  or  an- 
other. 

The  chief  reasons  cited  for  the  be- 
lief that  attendance  will  be  aided  are 
the  increase  in  employment  and  pur- 
chasing power  attendant  upon  the 
springing  up  of  the  new  legal  beverage 
industry,  on  the  one  hand,  and  its  abil- 
ity to  attract  additional  numbers  to 
theatrical   districts,   on   the   other. 

Those  who  believe  it  will  have  only 
an  insignificant  effect  on  theatre  at- 
tendance, or  no  effect  at  all,  contend 
that  repeal  will  not  importantly  alter 
the  drinking  habits  of  the  public,  and 
that  that  portion  of  the  public  which 
takes  its  drinking  seriously  never  has 

(Continued  on  pane  3) 


Price  War  Threat 
Stirs  Up  St.  Louis 

St.  Louis,  Nov.  13. — A  threat  to 
go  to  a  10-cent  admission  fee  for 
adults  and  five  cents  for  children  has 
been  made  by  independents  in  protest- 
ing against  the  price  war  now  raging 
among  first  runs. 

In  an  effort  to  bring  peace,  confer- 
ences have  been  held  with  Harry 
Koplar,  representatives  of  F.  &  M., 
who  are  operating  the  -St.  Louis,  and 
other  first  run  managers,  but  nothing 

(Continued  on  page  3) 


Wood  Asks  Ohioans 
To  Back  Sales  Tax 

Columbus,  Nov.  13. — On  the  eve  of 

the  independents'  move  to  organize  a 

new    exhibitors'    association    here    on 

Wednesday,     P.     J.     Wood,  business 

(Continued  on  page  3) 


Bliss  Here,  Foreign 
Heads  Delay  Confab 

Due  to  the  arrival  of  Don  C.  Bliss 
late   last   night    from    Prague,   foreign 
managers     of    all     distributing     com- 
panies  yesterday  postf>oned  the  nieet- 
(Continued  on  page  8) 


MOTION  PICTURE 

DA  I  L'Y 


Tuesday,   November    14,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


W.l.  .u 


Novtmber    14.    19o, 


.No.    114 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 


^>Sr\  PUBLISHED  daily,  except  Sunday 
/^  jj  J  and  holidays,  by  Motion  Picture 
V*|X  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets:  Victor 
M.  Sha^ro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachtm  K. 
Rutenberg.  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin.  W  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour    des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign: 
$15.     Single    copies:    10    cents. 


vNRA. 


Warner  Executives 
Quit  the  Academy 

HoLi.YWCK)!),  \ov.  13. — Though  Jack 
and  Harry  Warner  resigned  from  the 
Academy  of  M.  P.  Art.s  and  Sciences 
several  weeks  ago,  they  had  kept  the 
matter  secret  in  the  hope  they  would 
rejoin  it,  it  was  revealed  today.  Six 
other  members  of  the  Warner  studio 
resigned  within  the  past  week.  How- 
ard Green  declares  this  will  not  affect 
the  Academy's  plans  for  the  future. 


ITOA  Group  Confers 
With  Levy  at  Radio 

Directors  of  the  I.T.O.A.  yesterday 
conferred  with  Jules  Levy,  general 
sales  manager  of  RKO  Radio,  to  dis- 
cuss percentages  and  preferred  playing 
time. 

Last  week  the  exhibitors'  group  met 
with  Felix  F.  Feist  and  W.  F.  Rod- 
gers  of  M-G-M  on  the  same  subject. 


Para.  Sales  Heads 
Set  to  Gather  Here 

Annual  six:cial  meeting  of  Para- 
mount division  and  district  managers 
will  be  held  the  end  of  the  week  for 
a  general  discussion  on  sales.  It  will 
be  a  three-day  affair,  to  be  presided 
over  by  George  J.  Schaefer. 


Wax  Reviving  Supreme 

Moe  Wax,  former  head  of  Supreme 
Screen  Service,  is  reorganizing  the 
company,  which  has  been  inactive  for 
the  past  several  months  and,  with  new 
financing,  is  planning  production  of  a 
new  low-priced  trailer. 


"Most  compctlinu  motion  picture  this  reporter 
can  recall,  bar  none." — N.Y.  Herald-Tribune. 


FordotteM 


for  fiooliiiirt.^  find  Staff  Rit/hts  JTjrr 
JEWEL    PROD.     Inr.  .  723  7th  Ave  ,  New  York  City 


np  HIiV  j,aififavved.  In  fact,  the 
■*■  inclination  was  to  laugh 
loud  and  long  over  that  Wash- 
ington explanation  of  why  the 
code  has  not  been  signed.  Union 
labor  was  the  first  obstacle 
cleared  in  the  W^ashington  con- 
ferences, but  now  comes  NRA 
word  that  classifications  have  to 
be  changed  around  because  Gen- 
eral Johnson  so  ordered  a  few 
weeks  ago.  O.  K.  to  designate 
what  unskilled  labor  is  to  be 
paid  and  how  long  it  is  to  work, 
but  skilled  hands  have  to  thrash 
it  out  with  the  studios.  The  "it 
doesn't  make  sense"  rejoinder  of 
the  one  man  above  all  others 
who  ought  to  know  just  about 
sums  up  the  New  York  reaction 
to  the  latest  on  the  code.  .  .  . 
T 
Wiiat  really  is  going  on  is 
something  like  this :  The  third 
NRA  draft  is  the  one  which  will 
hold,  probably  with  slight 
changes.  However,  in  the  face 
of  the  farm  revolt  in  the  Middle 
West  and  newspaper  criticism  of 
tlie  NRA  from  the  freedom-of- 
the-press  angle,  the  administra- 
tion has  determined  to  move 
slowly.  There  seems  to  be  no 
desire  to  jam  through  any  code — 
film  or  otherwise — to  which  ob- 
jections have  been  registered. 
The  plan  appears  to  call  for  an 
airing  of  all  disgruntled  view- 
points. Witness,  the  hearings 
accorded  Allied.  Witness,  again, 
the  actors'  plaints  to  be  heard  by 
the  President  at  Warm  Springs 
a  week  from  today.  .  .  . 

T 
It  doesn't  follow  at  all,  on  the 
other  hand,  that  changes  will  be 
made.  The  inclination  is  rather 
well  defined  now  and  it  provides 
for  enactment  of  the  code,  follow- 
ing the  letting  off  of  accumulated 
and  sundry  steam,  on  a  trial 
period  basis.  Switches,  it  has 
been  explained,  may  be  made 
thereafter  and  often.    In  that  re- 


gard, witness  what's  happened  in 
the  grocery  trade,  where  the  code 
has  been  overhauled  a  dozen  or 
more  times.  In  the  interim,  the 
film  code's  getting  to  be  a  stand- 
ing industry  joke.  It  may  be 
serious  business  to  the  NRA  and 
Sol  Rosenblatt,  but  it's  a  stiff 
pain  in  the  neck  to  the  trade.  .  .  . 
T 

Confidential  reports,  off  the 
liners  from  London  indicate  the 
gold  rush  days  in  British  pro- 
duction are  over,  or  nearly  so. 
What's  been  going  on  over  there 
has  been  a  constant  reminder  to 
American  film  men  of  days  that 
prevailed  in  this  market  about  ten 
years  ago.  New  issues  have  been 
easy  to  float,  but  no  longer  are. 
This  traces  to  two  kinds  of  fail- 
ures. One,  company  failures  as 
corporations.  Two,  failure  of 
promises  of  big  profits  to  mater- 
ialize. .  .  . 

T 

A  popular  method  of  financing 
in  vogue  on  the  other  side  has 
called  for  a  fifty-fifty  split  be- 
tween studio  and  distributor. 
There  is  plenty  of  reason  to 
credit  reports  that  the  studio  end 
of  this  kind  of  deal  has  been 
very  difficult  to  check  and  that,  in 
some  instances,  the  distributor 
has  been  carrying  most  of  the 
load,  if  not  all.  Yet,  as  these  ar- 
rangements have  been  set  up, 
the  studio  has  retained  foreign 
rights  while  all  the  distributor 
got  was  England.  The  result  is 
declared  to  be  considerable  dis- 
satisfaction, a  threatened  inter- 
ruption in  the  flow  of  British 
production  and  a  possible  new 
deal  in  the  financing  system  as 
now  constituted.  .  .  . 

▼ 
Buying  a  certain  picture  blind 
with  a  well-known  star  has  re- 
sulted in  the  Music  Hall  paying 
the  distributor  $7,500  for  the  film 
after  taking  a  peek.    Decision,  in 

(Continued  un  page  3) 


Most  Issues  Show  Loss 


High  Low  Close 

Columbia    Pictures,    vtc... 22i^  ZZ'A  22]4 

Consolidated    Film    Industries 3'/i  3  3 

Consolidated    Film    Industries,    pfd 10  9'A  9yi 

Eastman     Kodak     74;4  74  74 

Eastman    Kodak,    pfd 126  126  126 

Fox   Film  "A" 1454  l^Vt,  Uy» 

Loew's,    Inc 2914  2SH  2854 

Paramount   Publix    iVs  W  1% 

Pathe   Exchange   154  1!4  1!4 

Pathe    ExchanRe    "A" 8  754  8            . 

RKO  2!/^  214  214 

Warner  Bros 6^4  6H  6'A 

Technicolor  Up  Three  Eighths 


Net 
Change 


-  'A 
—1 

-'A 


General   Theatre    Equipment,   pfd. 
Technicolor     


Net 
High      Low      Close      Change 

5/16        5/16        5/16     '..... 
.    WA       W'A        mi       +  Vk 


Warner  Bros,  Minus  One  Half 


High  Low 

(leneral  Theatre   Eq-iipment  6s  '40 4  3'A 

Keith   B.    F.  6s  '46 45^  4554 

Loew's  6s  '41,   ww  deb  rights 82  82 

Paramount   Publix  S!^s  '50 26K  26^ 

VVarner  Bros.  6s   '39,  v/d 41  40>/$ 


Net 

Close  Change 

3'A       

4554        

82  

26^         

WA        -  'A 


Sales 

100 
200 

1.700 
200 

1,000 
200 
500 
300 
300 
100 
300 

2,600 


Sales 

100 
200 


Sales 

5 
3 
2 
4 
27 


Iowa  Allied 
To  Go  On  As 
Independent 


(Continued   frotn   page    1) 

come  to  the  defense  of  Lester  F. 
Martin,  who  has  been  dismissed  from 
the  Allied  States  board  of  directors 
and  has  submitted  his  resignation  to 
.'\llied   of   Iowa  and   Nebraska. 

In  his  letter  to  Myers,  Niles  says 
notices  of  the  action  taken  at  the  Chi- 
cago mass  meeting  of  Allied  were 
mailed  into  the  Nebraska  and  Iowa 
territory  "without  the  knowledge  of 
this  local  unit." 

"We  have  notified  the  Administra- 
tor of  our  approval  of  the  code," 
Niles  writes.  "At  the  same  time,  we 
propose  to  recommend  to  the  Admin- 
istration proper  names  to  function  on 
the  local  boards  in  an  effort  to  assist 
the  Administration  in  any  way  that 
lies  within  our  power. 

"Allied  Theatre  Owners  of  Iowa, 
Inc.,  is  a  corporation,  organized  not 
for  pecuniary  profit,  and  was  formed 
prior  to  any  affiliation  with  Allied 
States  Ass'n.  We  will  continue  to 
function  as  an  independent  theatre 
owners'  organization  under  our  orig- 
inal name  and  articles  of  incorpora- 
tion, operating  locally,  if  this  is  the 
pleasure  of  the  board  of  directors  and 
the  theatre  members. 

"In  your  wire  you  advise  that  Mar- 
tin was  dismissed  from  the  board  of 
directors  on  Oct.  24.  If  such  is  the 
case,  may  I  inquire  as  to  why  he 
was  named  on  the  protest  group,  ac- 
cording to  trade  publications  that  ap- 
peared on  Oct.  25,  if  he  had  previously 
been  dismissed  from  board  of  direc- 
tors? 

"Because  of  this  criticism  against 
Martin,  he  has  voluntarily  presented 
his  resignation  to  our  local  organiza- 
tion. The  board  will  meet  and  con- 
sider this  matter  in  a  few  days  and  at 
the  time  you  will  get  an  answer  as  to 
our  respect  for  his  ability  and  fairness 
in  dealing  with  local  problems. 

"We  think  your  criticism  and  ac- 
tion very  unjust  against  a  man  who 
has  presented  these  matters  in  a 
straight-forward  manner  without  any 
attempt  to  influence  the  independent 
exhibitors  in  this  territory.  Further 
action  in  this  direction  will  undoubt- 
edly come  from  the  exhibitors  them- 
selves. 

"A  copy  of  this  letter  and  a  copy 
of  your  wire  are  being  forwarded  to 
Sol  A.  Rosenblatt,  together  with  fur- 
ther comments  in  this  direction." 


Senate  Committee  to 
Probe  Fox  Westco 

Hollywood,  Nov.  13. — Fox  West 
Coast  bankruptcy  has  captured  the  in- 
terests of  the  Senate  investigation 
committee,  now  here  delving  into  Los 
.'\ngeles  receiverships.  The  commit- 
tee has  called  a  hearing  for  tomor- 
row. Among  those  subpoenaed  are 
Charles  Skouras.  William  Moore,  Jr., 
and  Charles  Irwin,  trustees. 


Henry  A.  Staah  Dead 

Mn,vvAUKF.F.,  Nov.  13. — Henry  A. 
Staab,  59,  for  seven  years  executive 
secretary  of  the  Wisconsin  M.P.T.O.. 
is  dead  at  his  home  here  after  an 
illness  of  18  months.  He  had  served 
two  terms  in  the  State  legislature. 


Tuesday,    November    14,    1933 


MOTION  PICTURE 

DAILY 


Repeal  Seen 
As  Advantage 
To  Theatres 


(Continued   from    paac    1) 

been  an  important  segment  of  film  au- 
diences. 

Following  are  the  opinions  of  sev- 
eral representative  executives : 

Felix  F.  Feist,  general  sales  mana- 
ger of  M-G-M  : 

"I  don't  think  it  will  affect  the 
business  either  way.  The  poor 
people  won't  have  any  more 
money  to  spend  anyway  and  the 
rich  who  may  go  to  the  movies 
will  continue.  Spending  money 
for  liquor  won't  make  any  differ- 
ence  to   them." 

George  J.  Schaefer,  vice-president 
and  general  manager  of  Paramount 
Pictures  Dist.  Corp. : 

"I  regard  repeal  of  prohibition 
a  good  thing  for  everybody  con- 
cerned and  forecast  no  drop  in 
theatre  attendance  in  the  first 
flush  of  excitement  over  the  re- 
turn of  liquor. 

"There  will  be  more  employ- 
ment, an  increase  in  purchasing 
power  and,  important  as  well,  a 
change  in  the  frame  of  mind  of 
the  public.  There  will  be  less  de- 
sire to  spend  an  evening  in  a 
speakeasy  and  more  in  search  of 
entertainment." 

Montague  Sees  Help 
Abe   Montague,  general   sales   man- 
ager of   Columbia : 

"I  think  the  repeal  will  help 
and  this  is  why : 

"People  probably  will  swing  to- 
ward the  idea  of  having  dinner 
out  more  often.  The  prospect  of 
a  cocktail  or  a  bottle  of  wine 
over  dinner  and  right  in  the  open, 
I  believe,  will  send  more  people 
out  of  their  homes.  Once  they  are 
on  the  move,  we  stand  a  better 
chance  of  getting  them  into  the- 
atres. This  is  apt  to  take  them 
away  from  the  radio  and  bridge, 
and  that  ought  to  help. 

"Those   who   hung  around  bars 
in  the  old  days  never  constituted 
a  big  part  of  potential  motion  pic- 
ture audiences   anyway." 
James    R.    Grainger,    vice-president 
and  general  sales  manager  of  Univer- 
sal : 

"Repeal  ought  to  help.  It  will 
bring  people  out  of  their  homes 
and  put  them  in  circulation.  More 
life  will  be  seen  around  hotels  and 
restaurants.  Don't  discount  the 
decrease  in  unemployment  which 
will  develop  and  the  correspond- 
ing increase  in  purchasing  power. 
It  looks  like  even  a  better  chance 
for  theatres." 

Al  Lichtman,  vice-president  in 
charge  of  domestic  distribution  of 
United   Artists : 

"It's  hard  to  tell,  because  any 
guess  would  be  prophetic.  I  am 
inclined  to  believe,  however,  that 
repeal  will  make  no  real  differ- 
ence. People  who  wanted  to  drink 
have  had  no  trouble  getting  it. 
Beer,  the  price  of  which  was  clos- 
er to  the  pocketbooks  of  the  aver- 
age moviegoer,  made  no  difference 
at  the  box-office,  you  know." 
Jules  Levy,  general  sales  manager 
of  Radio  Pictures : 


"The  answer  is  good  pictures 
which  the  public  will  always  sup- 
port. On  the  other  hand,  I  don't 
think  liquor  will  hurt.  The  more 
around,  the  less  the  temptation  to 
indulge." 

Albert  M.  Warner,  in  charge  of 
Warner-First  National  distribution, 
had   no   comment    to   make   yesterday. 

What   Theatremen   Think 

Samuel  L.  (Roxy)  Rothafel,  man- 
aging director  of  Radio  City  Music 
Hall,   world's   largest  theatre : 

"While  I  do  not  believe  that 
repeal  of  prohibition  will  make 
much  difference,  I  feel  that  it  may 
possibly  add  a  little  impetus  to 
theatre  attendance." 
Sam  Dembow,  Jr.,  Publix  : 

"Repeal  should  aid  business 
both  by  increasing  employment 
and  drawing  people  into  the  the- 
atre districts.  Cafes  are  not  like- 
ly to  become  serious  competition 
for  films,  largely  because  they  are 
not  in  the  same  competitive  price 
groups.  People  who  spend  an  eve- 
ning in  a  cafe  will  do  so  only  on 
particular  occasions,  not  as  a  mat- 
ter of  habit  nor  to  the  exclusion 
of  theatre-going  from  their  choice 
of  entertainments." 
David  Palfreyman,  theatre  repre- 
sentative, M.  P.  P.  D.  A.: 

"I  do  not  think  repeal  will 
change  the  drinking  habits  of  the 
public  to  any  great  extent,  and 
therefore  I  do  not  believe  it  will 
have  much  effect  on  theatre  at- 
tendance. If  any,  it  is  likely  to  be 
beneficial  through  adding  more 
people  to  payrolls  and  by  drawing 
them  from  their  homes  in  the  eve- 
nings." 

Boris  Morros,  Paramount,  New 
York: 

"I  believe  repeal  will  be  a  big 
help  to  theatre  business.  Diners- 
out  will  be  more  in  the  mood  for 
entertainment  later.  They  will 
choose  the  theatre  instead  of  go- 
ing home  to  bed." 
Charles  L.  O'Reillv,  president  of 
the   T.   O.   C.   C: 

"Anything  that  aids  industry 
and  employment  will,  at  the  same 
time,  help  the  theatre.  Repeal  will 
tend  to  get  people  away  from  the 
radio,  out  of  doors  and  in  a  spend- 
ing mood.  Anything  that  accom- 
plishes that  will  bring  them  into 
the  theatres  eventually." 
Loew  executives  could  not  be 
reached. 


Boston,  Nov.  13. — John  D.  Clark, 
general  sales  manager  of  Fox,  thinks 
this  about  repeal : 

"It  is  difficult  to  say  what  effect 
the  repeal  of  prohibition  will  have 
on  theatre  attendance,  but  I  be- 
lieve that  if  the  old  saloon  does 
come  back,  men  will  congregate 
as  they  used  to  but  theatre  busi- 
ness will  not  be  harmed.  In  fact, 
it  may  be  benefitted  by  the  fact 
that  more  people  will  probably 
leave  their  homes  and  come  down- 
town for  an  evening  or  visit  shop- 
ping centers. 

"I  really  feel  that  the  change  in 
the  law  will  put  people  in  a  more 
receptive  mind  for  entertainment 
and,  therefore,  may  materially 
help  business." 


Leventhal  to  Columbia 

William  Leventhal,  formerly  of  the 
Leblang  ticket  office,  has  joined  Col- 
umbia as  special  scout  on  plays. 


Price  War  Threat 
Stirs  Up  St.  Louis 


(.Continued  from   pane    1) 

definite  has  been  accomplished.  From 
a  reliable  source  it  has  been  learned 
that  unless  a  peace  pact  materializes 
in  a  very  short  time  the  smaller  the- 
atres will  drop  their  scales.  A  first 
run  house  in  the  downtown  district  is 
also  considering  a  drastic  downward 
revision. 

Trouble  has  been  brewing  for  some 
time.  The  smaller  houses  have  ob- 
jected to  the  double  feature  bills  being 
offered  by  the  Missouri  and  the  big 
stage  shows  offered  by  other  first 
runs. 

Recently  F.  &  M.  took  the  town  by 
storm  by  offering  two  pictures,  a  stage 
show  and  the  lowest  general  admis- 
sion price  for  a  first  run  in  years,  25 
cents  to  6  P.M.  and  40  cents  after 
6  P.M.  It  was  a  wallop  that  stag- 
gered the  opposition,  while  it  has 
simply  been  murder  for  the  small 
neighbor  houses  that  charge  25  cents 
for  pictures  only. 

This  week  the  Fox,  two  blocks  south 
of  the  St.  Louis,  met  the  challenge  by 
also  going  to  a  double  feature  pro- 
gram in  addition  to  a  holiday  stage 
show,  while  the  Missouri  offered  as 
its  anniversary  treat  "The  Way  to 
Love"  and  "Ever  in  My  Heart,"  plus 
the  customary  short  subjects.  Its  price 
is  now  25  cents  to  2  P.M.  The  Fox 
also  operating  on  a  25-cent  basis  to 
2  P.M. 

Down  town  the  Ambassador  is  of- 
fering its  usual  stage  show  and  "Take 
a  Chance"  as  its  feature  picture, 
while  Loew's  State  is  depending  on 
Max  Baer  in  "The  Prizefighter  and 
the  Lady"  to  get  their  share  of  cus- 
tomers. 


Insiders^  Outlook 


Films  to  Share  Tax 
Easement  on  Repeal 

{Contiimed    from    paae    1) 

for  their  repeal  following  the  relegal- 
ization  of  liquor. 

Effective  Jan.  1,  the  additional  one- 
half  cent  tax  on  gasoline  and  the  five 
per  cent  tax  on  dividends  will  be  re- 
pealed. The  capital  stock  tax  of  $1 
per  $1,000  on  domestic  corporations 
will  be  repealed  July  1,  next,  and  the 
excess  profits  tax  will  not  apply  after 
the  current  tax  year.  The  last  three 
named  will,  of  course,  apply  to  all  in- 
terests in  the  film  industry  which  have 
been  subject  to  these  levies. 

In  addition,  the  House  Ways  and 
Means  Committee  is  now  engaged  in  a 
study  of  the  revenue  law  enacted  last 
year,  with  a  view  to  determining  what 
taxes  can  be  eliminated  when  revenue 
from  liquor  taxes  begins  to  flow  into 
the  Treasury.  The  survey  will  be  di- 
rected chiefiv  at  the  so-called  nuisance 
taxes.  It  is  anticipated  that  amuse- 
ment interests  will  seek  an  increase  in 
the  admission  tax  exemption,  but  it  is 
believed  the  first  changes  in  taxes  will 
be  in  other  levies  which  are  harder  to 
collect  and  return  the  least  income. 


Majestic  Opens  Offices 

Chicago,  Nov.  13. — Majestic  Pic- 
tures Corp.  has  opened  its  own  ex- 
change at  831  South  Wabash  Ave., 
with   Percy  Barr  as  branch  manager. 


AMPA  Board  Meets 

The  board  of  directors  of  the  A.  M. 
P.  A.  yesterday  held  a  meeting  at 
Sardi's. 


(.Continued    from   tafie   2) 

Other  words,  was  to  pay  but  not 
play.  .  .  .  With  the  English  pound 
sterling-  sticking  it  out  around  $5 
against  the  $2.80  and  thereabouts 
prevalent  a  year  ago,  American 
distributors  are  reaping  a  golden 
harvest  from  the  decline  of  the 
American  dollar.  Foreign  man- 
agers are  sick  over  their  inability 
to  get  remittances  into  New  York 
daily  from  London.  .  .  . 

▼ 
Withdrawals,  actual  and  re- 
ported impending,  of  certain  local 
units  from  their  national  affilia- 
tions, will  shortly  see  the  devel- 
opment of  a  new  national  exhibi- 
tor organization,  maybe.  Behind 
it  probably  will  be  one  of  the 
staunchest  fighters  in  the  cause  of 
the  unaffiliated  theatreman.  The 
groundwork  is  now  being  laid. 
That  revives  some  of  the  yarns 
that  wafted  in  and  out  of  the 
Mayflower  Hotel  lobby  in  Wash- 
ington recently.  .  .  .  Four  days 
after  Roxy  tossed  ofif  reports 
about  his  return  to  the  7th 
Avenue  Cathedral  as  "apple- 
sauce," Howard  S.  Cullman  ad- 
mitted the  deal  had  been  sub- 
mitted by  denying  its  acceptance. 
Oh,  well !  .  .  .  K  A  N  N 


Wood  Asks  Ohioans 
To  Back  Sales  Tax 

(Continued   from    page    1) 

manager  of  the  M.  P.  T.  O.  of  Ohio 
has  sent  out  a  letter  to  all  Ohio  ex- 
hibitors declaring  that  unless  they 
agree  unanimously  on  a  tax  fight  pro- 
gram they  will  destroy  the  possibility 
of  securing  repeal  of  the  10  per  cent 
tax. 

Wood  blames  the  tax  on  the  lack 
of  unanimity  among  exhibitors  dur- 
ing the  last  special  session  of  the 
legislature.  In  view  of  the  fact  that 
a  change  in  the  real  estate  tax  law 
makes  it  necessary  for  the  state  to 
raise  $50,000,000'  from  new  sources, 
he  calls  on  exhibitors  to  unite  with 
interests  opposed  to  the  cosmetic  tax, 
beverage  tax  and  cigarette  tax,  and 
get  behind  a  program  for  passage  of 
a  sales  tax  at  the  session  opening  in 
January. 

"The  great  danger  now,"  he  writes, 
"is  that  inexperienced  persons  will  try 
to  cope  with  a  very  involved  legisla- 
tive situation  and  succeed  only  in 
again  confusing  the  minds  of  the  mem- 
bers of  the  legislature.  You  owe  it 
to  yourself  to  leave  this  matter  in  the 
hands  of  this  organization  which,  over 
a  period  of  years,  has  built  up  a 
record  of  legislative  achievements  for 
the  benefit  of  the  industry  as  a  whole." 


Expect  Big  Turnout 
At  Columbus  Session 

Columbus,  Nov.  13.— Indications 
point  to  an  attendance  of  independents 
from  all  parts  of  the  state  at  the  meet- 
ing set  for  Wednesday  in  the  Deshler, 
according  to  G.  W.  Erdmann,  busi- 
ness manager  of  the  Cleveland  M.  P. 
Exhibitors'  Ass'n. 

If  plans  go  through,  the  new  inde- 
pendents' association  will  be  formally 
organized  and  officers  will  be  named, 


YOU'LL 


DIE  LAUGHING! 


*  when  you  see  these  two  love- 
lorn cowboys  traveling  on  a 
deluxe  ocean  liner  with  their 
HORSE  ••  .When  you  see  them— 
and  the  HORSE  — mixing  with 
society  and  attending  the  Duch- 
ess' fancy  dress  ball  in  London 

•  •  .When  you  see— Oh,  what's 
the  use  of  going  on?  It's  so  cock- 
eyed crazy  that  you  wouldn't 
believe  it  all  if  we  told  you!  BUT 
WE'VE  GOT  IT  ON  THE  SCREEN 
TO  GIVE  YOUR  PATRONS  THE 
LAUGH  OF  A  LIFETIME! 


MOTION   PICTURE 

DAILY 


Tuesday,   November    14,    1933 


Cantor  Visit 
May  Set  Code 
Signing  Back 

(Conliiiuid   from    patic    1) 

formed  on  the  problems  of  the  entire 
motion  picture  industry." 

Cantor's  chief  objection  to  the  code 
as  it  now  stands  is  the  clause  which 
gives  the  employmg  producer  the  right 
to  match  bids  lor  the  services  of  an 
actor  SIX  months  before  and  after  ex- 
piration of  the  pact.  He  takes  the 
stand  that  the  period  is  apt  to  "kill  off 
an  actor  and  it  isn't  fair  to  the  per- 
lormer." 

Claiming  that  the  Academy  of 
M.  F.  -A.rts  &  Sciences  had  no  voice 
in  code  deliberations  in  Washington, 
Cantor  stated  that  actors  were  deter- 
mined to  have  their  say  by  formation 
ot  the  Screen  Actors'  Cuild.  Between 
30  to  4U  actors  banded  together  and 
formed  the  organization,  he  said,  for 
the  purpo.se  oi  ■"attempting  to  correct 
the  abuses  in  the  industry. '  He  said 
that  the  Writers'  Guild  was  recently 
formed  and  in  about  four  weeks  direc- 
tors w-ill  organize  a  guild  of  their 
own.  All  will  unite  and  demand  their 
rights  from  producers,  he  declared,  or 
production  in  Hollywood  will  cease. 
He  stated  the  guilds  are  in  sympathy 
with  each  other  and  will  coordinate 
their  actions. 

Calls   Producers   "Trust" 

He  charged  major  producers  with 
being  "one  big  trust"  in  which  stock- 
holders had  no  voice  while  they  were 
being  used  as  a  smoke  screen  for  the 
millions  lost  by  the  companies. 

Cantor  hit  sharply  at  producers  for 
trying  to  limit  salaries,  claiming  that 
the  player  now  receiving  $5,000  a 
week  may  be  underpaid  while  the  ac- 
tor getting  $50  a  week  may  be  over- 
paid. "No  one  tells  a  company  to  pay 
Marie  Dressier  $4,000  a  week.  The 
producers  can  get  someone  else  at 
$200  a  week,  but  it  will  not  be  Miss 
Dressier,"  he  said,  adding  there  was 
only  one  family  of  Marx  Brothers  and 
they  are  entitled  to  what  they  get. 
"I'ritz  Kreisler  is  so  successful  be- 
cause there  are  so  many  Rubinoffs, 
and  that  illustrates  the  point,"  added 
the  comic. 

Cantor  continued  his  attack  on  the 
move  to  cut  high  salaries  by  pointing 
out  that  an  actor  now  receiving  $5,000 
for  20  weeks  would  be  tickled  to  death 
if  his  contract  were  for  $300  a  week 
forever. 

"Bad  contracts  are  the  fault  of  the 
makers,  not  of  the  star,"  he  said.  "If 
a  company  makes  a  bad  contract,  it 
should  live  up  to  it." 

One  of  Cantor's  cures  for  the  ills  of 
the  industry  is  to  keep  relatives  at 
home.  He  .said  that  a  relative  getting 
$30,0(X)  a  year  while  wT)rking  at  a 
studio  would  be  cheaper  kept  at  home. 
"His  mistakes  at  the  studio  may  cost 
the  company  $200,000  a  year,"  Cantor 
declared. 

Favors  Fewer  Roles 

The  banjo-eyed  comic  urged  pro- 
longing the  life  of  a  player  by  casting 
the  actor  in  one  or  two  pictures  a 
year.  He  said  studios  kill  of?  a 
player  who  is  "hot"  at  the  moment  by 
putting  him  into  too  many  pictures  a 
year. 

Cantor,  as  another  remedy,  thought 
it  would  be  wise  to  close  SO  per  cent 


Eddie  Cantor  on  Sam  Goldwyn 

".Are  all  those  Goldwyn  stories  true?"  a  newspaper  man  asked 
Eddie  Cantor  yesterday. 

"Yes,  all  of  them  are,  but  let  me  tell  you  something.  The  fellow 
in  Hollywood  who  asks  the  next  guy  if  he  had  heard  what  Sam 
said  at  the  club  yesterday  wishes  he  could  make  the  kind  of  pic- 
tures Goldwyn  makes.  If  you  don't  think  so,  look  at  their  last 
pictures.  Sam  may  murder  the  English  language,  but  he  makes 
pictures.  Remember  'Arrowsmith'?  I'm  telling  you  this  industry 
can  use  more  men  who  speak  broken  English." 

Explaining  that  the  Screen  Actors'  Guild  now  had  1,300  mem- 
bers enrolled,  he  said: 

"They  range  from  Arliss  to  West.  And,  believe  me,  we'd  even 
be  good   without  Arliss." 

Cantor  thinks  supervisors  are  an  industry  evil  and  ought  to  be 
cut  out.  "Today,"  he  said,  "pictures  are  made  twice.  Once  by 
the  actors  and  the  director  and  once  by  the  supervisor." 

"Is  there  anything  in  the  code  about  the  Four  Marx  Brothers?" 
flipped  one  questioner. 

"No,  they  have  a  code  all  their  own,"  the  comedian  snapped 
back. 

The  inside  of  the  Hollywood  production  situation  and  how  it 
works  was  tipped  when  Cantor  said  he  can  talk  back  to  Goldwyn. 

"I  have  as  much  money  as  he  has.  So  what  can  he  do  to  me?" 
asked  Eddie. 


of  the  theatres  now  operating.  He 
said  tlic  country  is  overseated.  If  the 
number  of  iiouses  is  reduced  by  half, 
the  comedian  declared  better  and 
fewer  i>icture  would  follow. 

Holding  that  outside  support  is  un- 
necessary at  this  time,  the  U.  A. 
comedian  stated  that  the  Screen  Ac- 
tors' Guild  will  not  affiliate  with  the 
A.  F.  of  L.  or  with  Actors'  Equity 
and  emphatically  denied  Lester  Cow- 
an, who  recently  resigned  as  executive 
secretary  of  the  .Academy,  would  join 
the  actors'  association.  He  said  ex- 
tras were  being  admitted  into  the  or- 
ganization at  two  dollars  a  year  al- 
though they  cost  the  guild  from  $4 
to  $5  a  year  to  maintain  as  members. 

Cantor  leaves  around  Christmas  for 
a  tour  of  35  to  40  key  city  one-night 
stands. 


lATSE  Charge  to  Coast 

\\'ASHi.\'(n'0N,  .\ov.  13. — Charges 
that  studios  on  the  west  coast  were 
forcing  sound  men  to  join  unions  not 
of  their  own  choosing,  filed  last  week 
with  Senator  Robert  Wagner  of  the 
National  Labor  Board  by  the  I.  A.  T. 
S.  E.,  have  been  referred  to  the  San 
Francisco  labor  board  and  will  likely 
be  switched  to  the  Los  Angeles  board 
just  established,  it  was  said  here  to- 
day. 

It  is  declared  that  in  tlie  absence  of 
a  code  the  action  of  the  studios  is  a 
violation  of  the  President's  reemploy- 
ment agreement.  The  matter,  it  was 
said,  is  a  continuation  of  the  jurisdic- 
tional controversy  between  the  I.  A. 
T.  .S.  1'".  ;infl  the  IClcctriral  Workers' 
Union. 


Accepts  Wholesale  Code 

Wash  ixcrox,  ,\'ov.  13. — Provisions 
of  the  master  wholesale  code,  heard 
todav  i)efore  Division  .Administrator 
.\.  D.  Whiteside,  were  gi\en  the  en- 
dorsement of  the  IiKlci>ciKlent  Theater 
Supplv  Dealers  .Xss'n,  representing  78 
I>er  cent  of  the  equipment  industry. 

.A  separate  code  for  the  c(|uipment 
industry  was  thrown  out  last  month 
during  the  course  of  a  hearing  as  be- 
ing presented  bv  an  organization  which 
did  not  represent  a  sufficient  propor- 
tion of  the  industry.  Efforts  to  write 
a  new  code  were  abandoned  in  favor 
of  coverage  under  the  wholesale  code. 


Federal  Trade  Body 
Making  Code  Study 

Washington,  Nov.  13. — Members 
of  the  Federal  Trade  Commission  are 
engaged  in  a  study  of  the  film  code 
at  the  request  of  the  Recovery  Ad- 
ministration, it  was  learned  today. 
Decision  to  turn  the  document  over  to 
the  commission  was  reached  at  last 
week's  meeting  of  the  Cabinet  Re- 
covery Council,  headed  by  Secretary 
of  Commerce  Roper.  Commissioner 
Charles  H.  March  was  present  at  the 
meeting,  as  were  two  officials  of  the 
Department   of   Justice. 

The  study  of  the  code  is  being  con- 
ducted by  the  commissioners  them- 
selves and  it  has  not  been  turned  over 
to  the  legal  or  economic  divisions, 
it  was  learned.  It  is  understood  the 
review  may  cover  block  booking  and 
other  points  prominent  in  the  long 
drawn-out  Paramount  case,  in  which 
the  orders  of  the  Commission  were 
overruled  by  the  Courts. 


Rosenblatt  Silent 
On  Signing  of  Code 

iCciiifiiiiirtI    iraiii    paac    \) 

executive  assistant  to  Administrator 
Hugh  S.  Johnson,  during  a  telephone 
conversation    with    Lea    yesterday. 

Kuykendall  plans  to  leave  New 
York  tomorrow  for  Chicago  and  will 
go  from  there  to  Milwaukee  to  attend 
a  meeting  of  the  M.P.T.O.  of  Wiscon- 
sin, at  which  action  on  the  code  is 
scheduled  to  be  taken  by  that  organi- 
zation. 

Rosenblatt  Flies   Back 

l^eputy  .\dniinistrator  .Sol  A.  Ros- 
enblatt yesterday  left  liy  plane  for 
Washington  after  spending  the  week- 
end with  his  familv  at  Great  Neck, 
L.  I. 


Washington,  Nov.  13. — Charles  L. 
O'Reilly,  president  of  the  T.O.C.C, 
is  expected  here  Thursday  for  con- 
ferences with  Col.  W.  1^.  Lea,  who 
has  been  in  charge  of  the  film  code 
during  the  absence  of  General  Hugh 
S.   Johnson,   administrator. 


"Living"  to  Criterion 

"Design  for  Living"  is  dated  for 
the  Criterion  .starting  Nov.  22  on  a 
two-a-day  policy. 


Limitation  of 
Wage  Clauses 
Up  to  Johnson 


(Continued   from   paqe   1) 

58  wage  rates  incorporated  by  Deputy 
Administrator  Sol  A.  Rosenblatt  was 
confirmed    today    by    labor    officials. 

It  was  explained  that  the  order  of 
the  policy  board  was  adopted  at  a 
meeting  at  which  neither  of  the  two 
labor  representatives  was  present  and 
that  little  attention  was  paid  to  the 
matter  until  the  film  code  came  before 
Lea. 

Application  of  the  order  was  asked 
by  the  Construction  League,  composed 
of  builders  who  are  understood  to  be 
attempting  to  secure  in  the  construc- 
tion code  a  90-cent  rate  and  who  felt 
that  the  film  code,  which  carries  a 
rate  of  $1.16  2-3  for  construction 
workers  in  studios,  would  be  consid- 
ered a  precedent  to  be  followed  in 
setting  rates  for  workers  under  the 
construction  agreement. 

Approached  White  House 

Representatives  of  the  Construction 
League  are  understood  to  have  gone 
to  the  White  House  to  discuss  the 
matter,  as  did  Colonel  Lea,  but  it  is 
reported  that  little  encouragement 
was  given  by  the  President's  secre- 
tariat, who  held  that  there  is  noth- 
ing in  the  Recovery  Act  that  mini-  I 
mum  wages  shall  be  fixed  only  for  \ 
unskilled  labor  and  not  for  skilled 
workers. 

The  wage  scales  incorporated  in  the 
film  code  by  Deputy  Administrator 
Rosenblatt  had  the  full  approval  of 
all  labor  organizations  concerned,  and 
these  groups  are  fighting  strongly  for 
retention  of  his  schedules,  which  rec- 
ognize the  union  rates  now  being  paid 
by  the  producers,  while  at  least  two 
groups  in  the  construction  industry 
are  an.xious  to  have  the  rates  knocked 
out  of  the  picture  agreement.  The  I 
fight,  therefore,  is  not  upon  the  film 
code  itself,  but  upon  the  inclusion 
therein  of  wages  which  are  detrimen-  ' 
tal  to  the  desires  of  the  construction  \ 
industry. 

Did  Johnson  Approve  It? 

While  the  order  of  the  Policy  Board 
was  published  throughout  the  Recov- 
ery Administration  as  official,  there 
appears  to  be  some  doubt  as  to  wheth- 
er General  Johnson  ever  actually  ap- 
proved it,  particularly  in  view  of  its 
adoption  during  the  absence  of  the 
labor  members  and  their  consistent 
opposition  to  any  such  move  which, 
it  was  threatened,  if  insisted  upon 
would  result  in  the  severance  of  all 
connections  with  the  Administration 
by  President  William  Green  and  his 
associates  of  the  American  Federa- 
tion  of   Labor. 

That  efiforts  actually  have  been 
made  to  limit  wage  classifications  was 
demonstrated  today  during  the  hear- 
ing on  the  proposed  wholesale  code 
when  representatives  of  the  traveling 
salesmen  asked  that  they  be  given  a 
minimum  wage.  Division  Adminis- 
trator A.  D.  Whiteside,  who  pre- 
sided, declared  that  the  Administra- 
tion had  adopted  a  definite  policy  of 
not  including  occupational  minima  in 
codes  and  that  the  best  the  salesmen 
could  hope  for  in  the  wholesale  code 
would  be  the  minimum  wage  specified 
for  common  labor. 


I 


This    reproduction    is   two-thirds   of   full   size. 

It  shows  you  WHAT 
pictures  to  book — and 
HOW  to  sell  them  . . . 


•  No  more  will  you  have  to  rely  on  memory  that  may  be  confused 
with  the  thousand  and  one  things  you  have  to  think  about  in  the  con- 
duct of  your  business.  No  more  will  you  have  to  guess  about  what  to 
book — you'll  know.  No  more  will  you  have  to  dig  through  files  of  trade 
papers  (if  you  keep  files  of  them)  to  give  you  the  featured  players  in 
a  picture;  or  the  running  time;  or  to  tell  you  when  it  was  reviewed; 
or  who  was  the  director.  You  have  all  of  that  information  at  your 
fingertips  when  you  have  THE  PICTURE  GUIDE  in  your  pocket  or 
on  your  desk. 

•  With  THE  PICTURE  GUIDE  every  bit  of  booking  information  is 
in  your  hands  right  when  you  peed  it.  And — when  you've  overlooked 
ordering  a  press  book,  THE  PICTURE  GUIDE  also  tells  how  to  sell 
the  picture  and  gives  you  ad-lines  for  your  newspaper  or  program  copy. 


^^Box  Office  PICTURE 
GUIDE  offers  the 
most  intelligent  and 
efficient  way  to  book 
and  exploit  pictures  now 
available  to  exhibitors^ 


r 


Says  E.  G.  SIMONS 

Manager,  Army  Theatre, 
Ft.  Leavenworth,  Kans. 


"We  have  been  using  your  BOX  OFFICE  PICTURE  GUIDE 
for  a  number  of  weeks  and  certainly  find  it  a  great  help  not 
only  in  helping  us  to  book  our  pictures  but  in  advertising  and 
making  out  copy  for  our  weekly  programs.  There  have  been 
innumerable  instances  when  we  have  played  pictures  before 
advertising  and  press  sheets  have  reached  the  exchange,  and 
we  have  had  to  refer  to  your  PICTURE  GUIDE." 

— WILLARD    E.    WAGNER, 

El   Campanil  Theatre, 
Antioch,   Calif. 


"I  find  your  BOX  OFFICE  PICTURE  GUIDE  most  helpful. 
Although  I  no  longer  do  any  booking  myself,  I  find  that 
the  short  synopsis  gives  me  enough  idea  as  to  what  the 
picture  is  to  be  able  to  discuss  it  intelligently  with  my 
various  managers.  I  also  occasionally  publish  in  the  news- 
papers a  copy  on  some  particular  picture  of  the  review  as 
it  is  written  so  as  to  give  the  patrons  an  insight  as  to  what 
the  picture  is  all  about.  Your  service  is  well  worth  while, 
and  I  sincerely  hope  you  will  continue  it." 

— L.  A.  EDWARDS,  Div.  Mgr., 

Prudential    Long   Island   Theatres, 
East   Hampton,   N.    Y. 


BOX  OFFICE  PICTURE  GUIDE 

comes 

to  you 

as  a  part 

of  the  BOX  OFFICE 

service  to  i 

ts  sub 

icribers. 

It  is  a 

handsome  leather  book 

pocket  size.      It 

is  the  direct  re- 

suit  of  a  survey  among  hundreds 

of  exhibitors 

who  hail 

it  as  filling  a  long-felt 

want. 

Date 


19JJ. 


Associated  Publications,  Inc., 
4704  East  9th  St., 
Kansas  City,  Mo. 

Gentlemen: 

Please   enter    my    subscription    for    one   year    (52    issues)     for   BOX    OFFICE, 
including   BOX   OFFICE    PICTURE   GUIDE.     Herewith    is    $3.00. 


Theatre 


Address 


City 


■  Signed 


State 


Position , 


MOTION  PICTURE 

DAILY 


Tuesday,   November    14,    1933 


"My  Lips"  Is 
Good  at  Roxy 
With  $28,000 


Broadway  showed  little  excitement 
among  the  first  run  attractions  last 
week,  except  at  the  7th  Ave.  Roxy 
which  had  a  good  week  with  "My 
Lips  Betray"  at  $28,000.  This  was  a 
decided  jump  over  the  previous  week's 
attraction. 

"I'm  No  Angel"  performed  some- 
thing of  a  feat  in  holding  up  to  $55,- 
000  in  its  fourth  week  at  the  Para- 
mount. This  was  the  same  as  the 
third  week,  and  knocked  some  rec- 
ords around. 

"After  Tonight"  took  $64,000  at 
the  RKO  Music  Hall.  "Berkeley 
Square,"  which  was  switched  from 
the  Music  Hall  to  the  Palace,  was 
good  for  $15,791  at  the  latter.  "The 
World  Changes"  dropped  to  $15,107  in 
its  second  week  at  the  Hollywood. 
"Dinner  at  Eight"  wound  up  its  11- 
week  run  at  the  .Astor  with  $9,235. 
"Broadway  Thru  a  Keyhole,"  held 
over  at  the  Rivoli,  dropped  to  $19,- 
041. 

Estimated  takings : 

Week   ending   Nov.   8: 
"THE  WORLX)  CHANGES"   (F.  N.) 

HOLLYWOOD     (1.545).  25c-85c.  2nd  week. 
7   days.      Gross:   $15,107. 

"AFTER  TONIGHT"   (Radio) 

RKO   MUSIC    H.AL  1^(5, 945),   35c$1.65.    ' 
days.       Stage     show.       Gross:     $64,000. 

Week  ending  Nov.  9: 

"EAT   'EM   ALIVE"    (Ira   Simmons) 

CAMEO— (549),  25c-40c.  7  days.  Gross: 
$6,187. 

"THE  DAY  OF  RECKONING"   (M-G-M) 
CAPITOL"(4.700).       .VSc-$1.65.       7       days. 
Stage:   Cab  Callowav   and   new   Cotton   Chih 
Revue  of  1934.     Gross:  S30,698. 

"BERKELEY  SQUARE"   (Fox) 
(Second  Run  I 
PALACE^(2.S00).    25c-7.5c.    7   days.    Stage 
show.     Gross:  $15,791. 

"I'M  NO  ANGEL"  (Para.) 
PARA.MOU.VT— (3,700),  35c-99c.  4th  week. 
7   days.      Stage:    Ethel    Shutta    and    George 
Olsen    and   his   band.      Gross:    $55,000. 
"KENNEL  MURDER  CASE"  (Warners) 
RIALTO— (2,200).     40c-65c,     2nd     week,     7 
days.      Gross:   $10,200. 

"MY  LIPS   BETRAY"   (Fox) 
ROXY— (6.2tX)).    25c-55c,    7    days.        Stage 
show.     Gross:  $28,000. 

"FEMALE"  (F.  N.) 
STRAND-(2,000),  25c$1.10,  7  days.  Gross: 
$11,862. 

"PRIVATE  LIFE  OF  HEJJRY  VlII" 
(U.  A.)— 4  days 
"BERKELEY   SQUARE"    (Fox)— 3   days 
RKO     KO.XY-(3.700),     25c-55c.     7     days. 
ihroaa:  $14,W,4. 

Week  ending  Nov.  12: 
"DINNER   AT   EIGHT"    (M-G-M) 

ASTOR— (1.012).  55c-$2.20,  11th  week,  7 
days.    Gross:  $9,235. 

Week  ending  Nov.  14: 
"BROADWAY   THRU   A   KEYHOLE" 

(U.  A.) 
RIVOLI-(2,200).     35c-99c,     2nd     week,     7 
days.     Gross:  $19,041. 


Plunkett'RKO  Suit 
Is  Reported  Ended 

(Continued  from  page   \) 

reached.  The  settlement,  according  to 
the  report,  was  for  $17,000. 

Plunkett  was  represented  by  Law- 
rence Green  of  the  law  firm  of  Abeles 
and  Green.  Xo  comment  on  the  re- 
tort could  be  obtained  from  either 
RKO  or  Green  yesterday. 

Still  pending  is  a  suit  filed  against 
RKO  .several  months  ago  by  E.  M. 
Glucksman.  formerly  in  charge  of 
RKO  field  otKrrations  during  Plun- 
kett's  regime  as  the  circuit  head.  The 
Glucksman  suit  asks  $16,000  as  addi- 
tional compensation  for  services. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


(.Continued   from   page    1) 


The  music  by  Gordon  and  Revel  has  a  whistle  quality,  particularly 
"You're  Such  a  Comfort  to  Me,"  "Good  Morning  Glory,"  "I  Want  to 
Meander  with  Miranda,"  "Lazy,  Lowdown  Liza"  and  "Did  You  Ever 
See  a   Dream   Walking  ? ' 

Larrv  Ceballos'  spectacle  number  has  exploitable  features,  being  a 
\ariation  of  Sally  Rand's  fan  dance  with  plenty  of  chorines  behind 
Thelma  Todd.  The  number  adds  a  new  wrinkle  by  the  ingenious  use 
of  mirrors. 

Others  in  the  cast  are  Gregory  Ratoff,  Lew  Cody,  Hale  Hamilton, 
Kenneth  Thomson  and  a  precocious  youngster,  Jerry  Tucker. 

Director  Harry  Joe  Brown  gets  as  much  as  possible  out  of  the  story. 
Thelma  Todd  is'  an  eyeful.  Ginger  Rogers  is  much  slimmer.  Laugh 
honors  go  to  Oakie  and  Haley. 


K-A-0  Cuts  9-Month  Loss 

During  the  nine  months  ending  Sept. 
30  net  loss  of  the  Keith  Albee  Or- 
pheum  Corp.  was  $552,792.  This  is  a 
sharp  reduction  from  the  same  period 
for  1932  when  the  loss  was  $1,044,- 
820.  The  loss  for  the  third  quarter 
was  $197,097,  compared  with  $278,- 
953,  in  the  preceding  quarter,  and  a 
net  profit  of  $7,231  in  the  third  quar- 
ter of   1932. 


Bliss  Here,  Foreign 
Heads  Delay  Confab 

(Continued   from    paqe    1) 

ing  to  discuss  the  Czechoslovakian 
situation  until  today.  Bliss  has  made  a 
survey  of  the  situation  and  will  lay 
his  report  before  the  foreign  heads, 
meeting  at  the  Hays  office  before  they 
act  on  closing  branches  in  Czecho- 
slovakia. 


Organization  Help 
Urged  by  Pettijohn 


St.  Louis,  Nov.  13. — Unless  indi- 
vidual theatre  owners  give  not  only 
their  moral  but  also  financial  support 
to  their  own  organizations  they  may 
expect  the  industry  to  be  the  victim 
of  unfair  special  taxation,  so  that  in 
the  long  run  they  will  pay  out  far 
more  in  the  way  of  city,  state  and 
Federal  taxes  than  is  required  to  meet 
their  dues  in  the  local  exhibitors'  as- 
sociations, C.  C.  Pettijohn,  Hays  office 
attorney,  declared  in  a  luncheon  at 
the  Hotel  Chase  here. 

Pettijohn  was  passing  through  St. 
Louis  and  the  luncheon  was  hurriedly 
arranged  by  the  officers  of  the  St. 
Louis  Film  Board  of  Trade.  The 
guests  included  local  and  nearby  ex- 
hibitors and  local  film  exchange  man- 
agers and  salesmen. 

Pettijohn  said  Fred  Wehrenberg, 
president  of  the  M.P.T.O.  of  St. 
Louis,  Eastern  Missouri  and  Southern 
Illinois  had  been  so  far  successful  in 
leading  the  organization  to  victory 
against  unfair  legislation  in  the  city 
and  state,  but  warned  that  exhibitors 
should  not  expect  too  much  from  their 
leaders,  but  instead  should  cooperate 
in  efforts  to  combat  adverse  legisla-  < 
tion. 


A  MAN'S  CASTLE 
IS  GREAT!" 

The  Hollywood  Reporter 

THE  MOST  GLORIOUS  LOVE 
STORY   SINCE    ''7th   HEAVEN''! 


FRANK  BORZAGE , . 

SPENCER    TRACY 
k      LORETTA   YOUNG 

.SiTfi-n  /i/iiy  (JV  Jo  .Siwrlinji; 
Fniiii  the  /i/tiy  hy  L<iivrein.e  M«:<ir(l 


COLUMBIA 
PICTURE 


The  Leading 
Daily     .. 
Newspaper 
of  the 
Motion  > 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 

Faith fttF"    f 
S^rvice'>td' 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  115 


NEW  YORK,  WEDNESDAY,  NOVEMBER  15,  1933 


TEN  CENTS 


Local  Boards 
To  Fix  Rows 
Under  Code 


Labor  Disputes  to  NRA 
When  Home  Efforts  Fail 


Washington,  Nov.  14. — Regional 
controversies  in  the  theatrical  as  well 
as  other  industries  will  be  resolved 
locally  wherever  possible.  Adoption 
of  this  policy  is  indicated  by  the  ac- 
tion of  Senator  Robert  Wagner,  chair- 
man of  the  National  Labor  Board,  in 
referring  to  California  complaints  re- 
ceived from  I.  A.  T.  S.  E.  that  sound 
workers  were  being  forced  to  join 
unions  not  of  their  own  choosing. 

Only  in  cases  where  controversies 
cannot  be  settled  locally  will  the  mat- 
ter come  to  Washington,  except  in 
cases  of  labor  difficulties  involving 
large  areas  and  of  sufficient  impor- 
tance to  merit  handling  from  here. 


Lichtman  Restores 
Two  U.A.  Divisions 

With  the  return  of  L.  J.  Schlaifer 
to  United  Artists,  Al  Lichtman  has 
divided  the  country  into  two  divisions 
The  divisional  posts  were  dropped 
some  time  ago  and  now  come  into  ex- 
istence again  with   Schlaifer  handling 

(Continued   on   page   6) 


Article  3  on  Star  Dealings 

May  Be  Dropped  from  the  Code 

Article  5,  the  proposed  clause  which  would  end  secret  negotia- 
tions for  star  services  by  throwing  them  entirely  into  the  open 
and  at  the  same  time  extend  to  competing  producers  the  right  to 
match  existing  terms,  may  be  eliminated  from  the  code.  Motion 
Picture  Daily  heard  yesterday. 

This  is  the  provision  which  drew  fire  of  the  Screen  Actors' 
Guild,  Joseph  M.  Schenck  and  Samuel  Goldwyn,  and,  in  general, 
has  precipitated  turmoil  anew  in  Hollywood. 

Washington,  Nov.  14. — It  is  understood  here  Eddie  Cantor's  visit 
to  President  Roosevelt  at  Warm  Springs,  Ga.,  Nov.  21,  may  have 
some  bearing  on  Article  5. 


K.C.  Jurors 
Ask  Federal 
Labor  Probe 


U.  A.  Wins  in  Deal 
For  Marx  Brothers 

United  Artists  is  the  winner  in  the 
double  bidding  with  the  Four  Marx 
Brothers  for  future  releases.  Para- 
mount also  was  dickering  with  the 
Marxmen  and  for  a  time  it  appeared 
(Continued  on   page   6) 


To  Star  May  Robson 

Hollywood,  Nov.  14. — Im- 
pressed by  her  work  in  "Lady 
for  a  Day,"  M-G-M  is  now 
satisfied  May  Robson  rates 
individual  stardom  and  so 
will  handle  her.  This  decision 
sidetracks  plans  for  "Comin' 
Round  the  Mountain,"  planned 
as  a  co-starring  vehicle  with 
Polly   Moran. 

Miss  Robson's  first  prob- 
ably will  be  "Witch  of  Wall 
Street." 


Kansas  City,  Nov.  14. — A  Federal 
investigation  is  needed  to  go  to  the 
bottom  of  labor  racketeering  at  Kan- 
sas City  theatres,  declared  the  Jackson 
County  Grand  Jury  in  its  recommen- 
dations at  the  termination  of  its  seven- 
week  inquiry  into  racketeering  and 
crime  conditions  in  the  city. 

Finding  that  terrorism  and  vio- 
lence involving  theatres  "appear  to 
be  of  long  standing  in  Kansas 
City,"  and  charging  that  "the  police 
have  not  afforded  adequate  protection, 
and  no  consistent  and  effective  efforts 

(Continued   on   page   5) 


Skourases  Say  They 
Are  Out  of  Bankrupt 

Skouras  Brothers  declared  yester- 
day that  the  voluntary  bankruptcy  of 
Skouras  Brothers  Enterprises,  Inc., 
in  the  Federal  Court  at  St.  Louis 
had  nothing  to  do  with  Skouras  The- 
atres Corp.,  which  operates  houses  in 
this    territory. 

It  was  stated  the  Skourases  had 
had  nothing  to  do  with  the  St.  Louis 
corporation  since  1928  when  they  sold 
their  controlling  interest  to  Warners. 


Kuykendall 
Hits  Allied 
Code  Moves 


Loew*s  Stock  Sale 
Hearing  Set  Today 

A  hearing  on  the  petition  of  Chem- 
ical Bank  and  Trust  Co.  for  author- 
ity to  sell  660,900  shares  of  Loew's, 
Inc.,  on  Nov.  27,  is  slated  for  a  hear- 
ing before  Federal  Judge  John  C. 
Knox  in  U.  S.  District  Court  here 
today. 

The  sale  is  to  satisfy  a  $20,000,000 
default  on  a  two-year,  six  per  cent 
(Continued  on  page  4) 


-A.n  opinion  that  Allied  States  lead- 
ers do  not  voice  the  sentiment  of  the 
organization's  membership  when  those 
leaders  "condemn  efforts  to  get  the 
code  matter  settled,"  was  voiced  here 
yesterday  by  Ed  Kuykendall,  presi- 
dent of  the  M.  P.  T.  O.  A.,  in  a  reply 
to  a  recent  Allied  bulletin  which 
charged  Kuykendall  and  others  with 
"placing  obstacles"  in  the  way  of 
those  who  oppose  the  code  in  its  pres- 
ent form. 

"I  am  just  a  little  bit  surprised," 
Kuykendall's  reply  declared,  "at  this 
outburst  of  pent-up  anger  on  the  part 

(Continued  on  page  4) 

Twelve  MPfo  Units 
Set  to  Act  on  Code 

Twelve  regional  M.  P.  T.  O.  A. 
affiliates  are  planning  early  meetings 
to  act  on  the  code,  Ed  Kuykendall, 
M.  P.  T.  O.  .\.  president,  said  yes- 
terday. Four  units  of  the  national 
organization  have  held  meetings  to 
date,  all  of  which  resulted  in  approval 
of   the   code. 

Those  slated  to  meet  within  the  next 
few  weeks  include  M.  P.  T.  O.  of 
Wisconsin,  Nov.  21  and  22,  at  Mil- 
waukee:  M.    P.   T.   O.   of  Ohio,  Dec. 

(Continued  on   page   4) 


Kalmine  Expects  to 
Stay  in  Pittsburgh 

Pittsburgh,  Nov.  14. — Despite  re- 
ports circulating  about  New  York 
that  Harry  Kalmine  will  succeed  Wil- 
liam Goldman  as  Warners'  zone  man- 
ager in  the  Philadelphia  territory,  Kal- 
mine insists  there's  nothing  to  it  a,nd 
if  there  is,  he  says,  he  hasn't  heard  a 
(Continued  on   page   4) 


Jersey  Unit 
AsksAllied 
To  Produce 


Samuelson  Wires  Myers 
To  Name  Committee 


Declaring  that  conditions  in  the 
film  business  affecting  the  independent 
exhibitor  demand  a  new  source  of 
product.  Allied  of  New  Jersey,  at  its 
regular  meeting  yesterday,  sent  a 
recommendation  to  Abram  F.  Myers 
in  Washington  that  a  committee  be 
immediately  appointed  to  formulate 
plans  for  the  production  and  distribu- 
tion of  features  by  the  national  or- 
ganization. 

Local  Allied  members  state  they  are 
upset  over  the  demands  by  major  and 
independent  companies  on  percentage 
terms  and  preferred  playing  time. 

Sidney  Samuelson,  president  of  the 
unit,  yesterday  declared  that  his  group 
(Continued  on  page  4) 


Para.'s  New  Setup 
Ready  in  2  Weeks 

The  Paramount  Publix  plan  for  re- 
organization of  Publix  Enterprises, 
bankrupt  theatre  subsidiary,  will  be 
ready  for  submission  to  Referee  Henry 
K.  Davis  for  the  FederaJ  Court's  ap- 
proval in  two  weeks,  it  was  learned 
yesterday. 

The  plan  which  will  bring  the  larg- 
est block  of  Publix  theatres   into  one 

(Continued  on  page  6) 


Brooklyn  Probe  Off 
For  Solvency  Trial 

Federal  Judge  Mortimer  W.  Byers 
in  Brooklyn  yesterday  ruled  that, 
pending  the  outcome  of  the  scheduled 
trial  to  decide  whether  or  not  New 
York  Investors,  Inc.,  is  insolvent,  fur- 
(Continued  on  page  4) 


Delay  Decision 

Foreign  sales  managers  met 
at  the  Hays  office  yesterday 
to  discuss  advisability  of  pull- 
ing out  of  the  Czech  market, 
but  reached  no  decision  and 
determined  to  meet  again  on 
an  undetermined  date. 

Aired  was  a  report  of  Don 
C.  Bliss  on  the  situation  in 
that  country. 


MOTION  PICTURE 

DAILY 


Wednesday,  November  15,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol. 


November  IS,   1933 


No.   115 


Martin  Quiglev 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Ad-^ertising  Manager 

^>^r\  PUBLISHED  daily,  except  Sunday 
r  Jl  J  and  holidays,  by  Motion  Picture 
V*l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford , 
Manager. 

London  correspondent:  IV .  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier."  Kothener- 
strasse  37,  Berlin,  W  9.  Paris  corres- 
pondent: Pierre  Auire,  19  Rue  de 
Cour     des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign: 
$15.     Single    copies:     10    cents. 


Seeks  Aid  of  Films 
In  10%  Tax  Fight 

Frank  Spellman,  chairman  of  the 
newly  organized  American  Anti-Tax 
Ass'n,  is  seeking  to  enhst  the  aid  of 
the  film  business  in  the  organization's 
campaign  against  the  10  per  cent  tax 
on  amusement  enterprises  under  con- 
sideration in  12  of  the  states.  So  far, 
however,  his  efforts  have  not  met 
with  success. 


Schreiber  to  Columbus 

CiNCixxATi,  Nov.  14. — Harry 
Schreiber,  manager  of  the  RKO  Capi- 
tol, is  temporarily  in  charge  of  the 
RKO  Palace,  Columbus.  He  relieves 
Horton  Kahn,  who  has  gone  to  Cali- 
fornia for  a  vacation.  Jack  Tiernan, 
assistant  manager,  is  handling  the 
Capitol  here  in  Schreiber's  absence. 


Briskin  Going  Abroad 

Hollywood,  Nov.  14. — Sam  Bris- 
kin, accompanied  by  his  wife,  will 
leave  for  New  York  next  week  where 
he  will  sail  for  a  European  vacation 
aboard  the  Conte  di  Savoia  on 
Nov.  25. 


Shwartz  Brandt  Booker 

Harry  Brandt  has  engaged  Joseph 
Shwartz,  one  of  the  New  York  book- 
ers at  the  Fox  exchange,  to  take  care 
of  bookings  for   his  theatres. 


Cowan  Heading  East 

Hollywood,  Nov.  14.  —  Lester 
Cowan,  who  recently  resigned  as 
secretary  of  the  Academy,  heads  east 
shortly. 


Barney  Balaban  Visiting 

Barney  Balaban  is  in  New  York 
from  Chicago.  The  trip  is  one  of  his 
periodic  visits. 


Farnol  in  Tomorrow 

Lynn  Farnol,  publicity  dispenser  for 
Samuel  Goldwyn,  is  due  in  New  York 
from    the    coast    tomorrow. 


Looking  ^Em  Over 


"Eskimo" 

(M-G-M) 

The  long,  grasping  hand  of  the  white  man  raising  havoc  where  peace 
apparently  reigned  before  is  the  general  idea  around  which  "Eskimo," 
last  night's  opener  at  the  Astor,  is  built. 

Tied  in  with  the  story  of  Mala,  the  hunter,  his  wives  and  his  children 
is  the  constant  struggle  for  food  in  the  vast  white  wilderness  within 
the  Arctic  Circle.  Primitive  people,  kindly  and  child-like  in  their  slant 
on  life,  the  trouble  grows  when  Mala's  wife  is  accidentally  shot,  after 
having  first  been  debauched  by  the  white  men.  The  native  hunter,  in 
turn,  kills  the  ofifender  and  shortly  thereafter  finds  himself  hunted  down 
by  the  mounted  police.  The  remainder  of  the  picture  deals  with  the 
friendship  struck  between  the  tnounties  and  the  Eskimo,  the  latter's 
ultimate  escape  and  a  second  trailing.  The  conclusion  finds  Mala  and 
Iva  caught  on  an  ice  floe  going  to  their  death  or  their  liberty  across  the 
straits,  as  the  audience  may  elect. 

"Eskimo"  contains  a  number  of  punch  sequences.  There  are  a  whale 
and  a  caribou  hunt,  a  hand-to-hand  battle  with  a  wolf  and  fine  snow  stuff 
throughout.  Mala,  described  as  a  native  Eskimo  in  the  program,  as  are 
all  others  in  the  cast,  cuts  a  fine  figure  of  a  man,  does  his  job  with 
simplicity,  conviction  and  sympathy. 

The  picture,  as  it  stands,  is  too  long  for  straight  picture  house  release 
and  probably  will  be  trimmed  before  it  hits  general  distribution.  It  dares 
to  be  different  and  that's  an  important  something  in  its  favor.  Its  com- 
mercial future,  however,  is  something  that  carries  a  question  mark 
alongside  of  it,  in  this  opinion.  If  merit  in  conception  and  production 
alone  determined  that,  the  answer  to  "Eskimo"  as  box-office  would  be  a 
cinch.  KANN 


''Ship  of  Wanted  Men'' 

{Shoivmen's  Pictures) 

The  experiences  of  a  group  of  swindlers,  kidnappers  and  killers  who 
make  up  the  cargo  of  a  craft  en  route  to  Angel  Island,  where  there  is 
nothing  like  extradition.  It  is  fair  entertainment.  An  audience  at  Loew's 
New  York  yesterday  received  it  without  enthusiasm. 

Fred  Kohler  picks  Leon  Waycoff,  a  fugitive,  to  maneuver  his  ship 
and  its  occupants  to  the  island.  Its  passengers  consist  of  Maurice  Black. 
Kit  Guard,  Gertrude  Astor  and  James  Flavin,  who  have  paid  $5,000 
apiece  to  land  at  the  uncivilized  spot.  In  mid-ocean  Dorothy  Sebastian, 
who  has  just  shot  Jason  Robards,  her  attacker,  on  his  yacht,  is  swim- 
ming for  the  tramp  boat  when  Waycoff  espies  her  and  goes  after  her. 
When  she  arrives  on  the  boat  she  stirs  up  a  lot  of  trouble  and  later 
convinces  Waycoff  that  it  would  he  better  to  turn  the  men  over  to 
justice.  When  Black  makes  a  play  for  the  heroine,  Waycoff  resents  it 
and  wirelesses  a  nearby  destroyer  which  takes  the  fugitives  into  custody. 

Miss  Sebastian  is  advised  that  Robards  has  recovered  from  the  shoot- 
ing and  the  hero  is  given  a  clear  slate  for  turning  the  men  over  to  the 
government.  That  gives  the  hero  and  heroine  a  clean  bill  to  join 
up  at  their  own  convenience. 


Net 

Change 

Sales 

300 

+    '/8 

200 

600 

-    V2 

1.200 

1,500 

1.400 

+  u 

3,100 

+  Vi 

900 

-fl 

1,300 

400 

-y. 

5.100 

Pathe  "A"  Up  One  Point 

High  Low  Close 

Columhia    Pictures,    vtc 23  22'/S  22'/^ 

Consolidated    Film    Industries 3!^  V/i  3% 

ronsolldated    Film    Industries,    pfd 10  9^  10 

F.astman  Kodak   75'/,  7PA  73'/^ 

Fox    Film    "A" I."!'^  ^4V,  UVf 

Loew's.    Inc 29V2  2SV,  285^ 

Paramoimt    Publix    2  15^  2 

Pathe    Exchange    VA  1?^  VA 

Pathe    Exchange    "A" 9  HVf  9 

RKO     2V>  2V,.  2'/. 

Warner    Bros fiVg  6%  6-% 

Trading  Light  on  Curb 

Net 
Hi^h       Low       Close      Chano'e 

Genera!   Theatre    Enuipment,    pfd 54  '4  'A        —  1/16 

t^fntrv    Safety    Control    3/16        3/16        3/16     

Technicolor V^/t         10J4         1034      '  —  14 

Trans    Lux     1^  13/<  154        +14 

Bond  Issues  Slide  Slightly 

Net 

Lr"w  Close  Change 

3'/  4  +  ^A 

fm^A  RO'X  — 1'/5 

2W,  2W,  —1 

2534  2514  —  V, 

.385^  ZVA  -1?^ 


Hi?h 

Oener.nl    Theatre    Iviuipment    6s    '40 4 

Loew's  6s  '41.   ww  deb  i-ights "!'/ 

Paramount    F.    L.    6s    '47 261/ 

P!>ramoiint    Publix    SV^s    '50 25?4 

Warner   Bros.    6s    '39,    wd 40 


Sales 

100 
200 
ROO 
100 


Sales 

3 
7 
6 
3 
7 


\  Purely 
Personal  ► 


GARY  GRANT,  who  got  into  town 
from  the  coast  Sunday,  plans  to 
sail  for  England  Friday.  He  will  be 
gone  four  weeks,  vacationing  and  call- 
ing on  relatives. 

Charles  Stern,  U.  A.  district 
manager  for  New  York,  Boston  and 
New  Haven,  was  in  town  yesterday 
conferring  with  home  office  execu- 
tives. 

M.  J.  Weisfeldt,  general  sales  man- 
ager of  Majestic  Pictures  Corp.,  re- 
turned to  the  home  offices  yesterday 
after  a  trip  through  the  West. 

Ralph  Staub  will  direct  the  Lulu 
McCoNNELL  short  for  Vitaphone  in 
place  of  Joseph  Henaberry.  Picture 
starts  this  week. 

Eddie  Dowung  and  Lillian  Gish 
will  be  dinner  guests  at  the  White 
House  tonight  preceding  a  private 
showing  there  of  "It's  a  Wise  Wife." 

Frank  Buck,  now  in  Singapore, 
filming  another  animal  picture  for 
Radio,  expects  to  start  home  tomor- 
row. 

Joseph  Krumgold,  who  recently  re- 
joined the  M-G-M  foreign  department, 
is  on  the  high  seas  bound  for  Paris. 

Hal  Young  of  National  Screen  is 
packing  for  a  sales  trip.  Starts  to- 
morrow. 

Monroe  Isen,  Universal's  general 
manager  in  South  America,  is  on  the 
briny  deep,   Buenos  Aires  bound. 

Joe  Bernhard,  Warner  theatre 
head,  is  in  Philadelphia  for  the  re- 
mainder of  the  week. 

Elsie  Janis  and  her  husband,  Gn.- 
bert  Wilson,  came  in  yesterday  from 
the  coast  on  the  Santa  Lucia. 

Bebe  Daniels  and  Mrs.  Skeets 
Gallagher  are  en  route  to  Holly- 
wood to  open  their  dress  shop. 

Frank  Lloyd  is  in  town  for  a  few 
days  before  sailing  for  England  to- 
morrow on  the  Majestic. 

Mrs.  James  R.  Grainger  leaves 
for  Hollywood  today  on  her  usual 
holiday  trip. 

David  Manners  will  reach  New 
York  Friday  on  his  way  to  Europe  for 
a  vacation. 

Eddie  Carrier,  in  charge  of 
M-G-M's  studio  train,  arrives  in  New 
York  today. 

Emil  Ludwig  is  on  the  lie  de 
France  on  his  way  to  his  home  in 
Locarno. 

E.  C.  Grainger  is  back  from  a  short 
trip  to  Fox  exchanges. 

Joan  Crawford  reached  New  York 
from  the  coast  yesterday. 

Franchot  Tone  is  in  town  from 
Hollywood. 


THE  PERFECT 
SHORTS  FOR 
ANY  SHOW  • 


FOX    ^ovIlTlSll 

NEWS*    •  Twice  Weekly 


First  all-talking  newsreel , . .  and  more  than  ever  far  ahead  of  the  field.  More  news 
.  .  .  better  news  .  .  .  quicker  news  .  .  .  because  Fox  Movietone  News  has  the 
most  complete  world  coverage  of  any  newsreel.  With  sound  and  voice  recorded  at 
actual  scene  of  the  action.  Insist  on  genuine  news. 


MAGIC  CARPET  of 


MOVIETONE  •  26 


Ort^  Reel 
each 


Let  your  patrons  see  the  world  from  a  theatre  seat.  With  photography  of  un- 
matched beauty  .  .  .  natural  sound  .  .  .  symphonic  musical  treatment  .  .  .  fasci- 
nating comment  by  a  narrator's  voice.  Blends  perfectly  with  any  program.  Showing  in 
leading  theatres  everywhere. 


OVIE   TINTYPE 

12  One  reel  each 


Screen  hits  of  yesteryear  .  .  .  including  "The  Great  Train  Robbery"  and  eleven 
other  classics  of  the  old  Edison  Company.  Boiled  down  to  one  riotous  reel  each 
. .  .  with  side-splitting  wisecracks  by  an  off-stage  voice.  Just  a  belly-laugh  natural. 
They  will  even  make  you  laugh  your  head  off. 


ADVEHTURES  of  the  NEWS- 
REEL  CAMERA  MAN  •  12  °"^::<t 


Thrills  that  will  knock  your  audiences  right  out  of  their  seats  .  .  .because  they're 
REAL!  Actual  death-defying  experiences  of  newsreel  cameramen  .  .  .  who  grind 
as  danger  rushes  at  them.  Plus  a  blood-stirring  off-stage  voice,  so  your  patrons 
won't  miss  a  trick.  Says  Red  Kann:  "The  stuff  is  gasp-inducing  in  its  excitement." 

All  Produced  by  Movietone  News,  Inc. 


MOTION  PICTURE 

DAILY 


Wednesday,  November   15,   1933 


Kuykendall 
Hits  Allied 
Code  Moves 


(Continued  from  page  1) 

of  those  exhibitor  mis-leaders  who 
have  no  actual  investment  in  this  in- 
dustry, and  I  believe  that  their  state- 
ments are  not  concurred  in  by  the  Al- 
lied membership  as  a  whole,  and  really 
come  from  the  same  men  who  have 
become  notorious  for  their  capacity 
for  making  mis-statements  of  fact  and 
continue  a  ballyhoo  of  obstructionism 
in  their  aiixiety  to  keep  themselves 
before   the  exhibitors  of  the  country. 

"The  M.  P.  T.  O.  A.,"  Kunkendall's 
statement  continues,  "is  now  accused 
in  Abe  Alyers'  latest  outburst  of  sup- 
porting the  President's  recovery  pro- 
gram and  of  offering  our  cooperation 
in  the  big  job  of  self-government  of 
the  industry  under  the  code.  This  pol- 
icy does  not  preclude  our  safeguarding 
the  interests  of  the  independent  ex- 
hibitor, for  if  we  find  in  actual  prac- 
tice that  any  part  of  the  code  works 
an  unreasonable  hardship  on  anyone, 
we  will  try  to  get  it  changed  through 
the  proper  channels,  as  provided  for. 

"Fortunately,  we  have  no  lawyers 
in  M.  P.  T.  O.  A.  interested  in  get- 
ting a  fee  to  carry  on  a  fight  indefi- 
nitely, and  no  professional  organizers 
who  need  controversies  to  help  them 
get  money  from  some  exhibitors.  We 
have  no  quarrel  with  Mr.  Myers  and 
his  organizers,  but  we  cannot  agree 
that  the  measure  of  an  exhibitor's  'in- 
dependence' is  solely  based  on  how 
much  he  hates  the  other  parts  of  the 
industry.  Myers'  quarrel  is  really 
with  the  NRA  which  operates  the 
'propaganda  mill'  he  complains  of  in 
order  that  it  may  secure  the  coopera- 
tion of  all  industries  with  the  Presi- 
dent's recovery  program  and  the 
N'RA  codes. 

"If  Allied  had  produced  a  definite, 
organized  program  in  advance,  in- 
stead of  trying  to  block  the  whole 
NRA  program  from  the  very  start, 
perhaps  Allied's  blunders  would  not 
be  so  obvious  now  to  even  its  own 
membership,"  the  Kuykendall  state- 
ment concludes. 


Big  Time  Stuff 

William  R.  Ferguson,  M- 
G-M's  exploiteer  de  luxe,  is 
taking  bows  for  the  snow 
flurry  in  New  York  yester- 
day, which,  he  says,  he  ar- 
ranged especially  for  the  "Es- 
kimo" premiere  at  the  Astor. 


Trade  Body  Action 
Held  of  No  Import 

Washington,  Nov.  14. — Interest 
of  the  Federal  Trade  Commission  in 
the  film  code  was  today  disclosed  as 
having  been  nothing  more  serious 
than  the  desire  of  one  of  the  members 
of  its  economic  division  who,  with  12 
or  15  others,  has  been  loaned  to  the 
Recovery  Administration,  to  assure 
himself  of  the  propriety  of  one  of  the 
provisions  of  the  first  draft. 

This  official,  it  was  learned,  asked 
one  of  the  commission's  attorneys  for 
an  opinion,  which  was  given,  but  it 
was  emphasized.  The  opinion  was 
merely  the  personal  view  of  the  attor- 
ney, and  the  film  code  has  not  been  be- 
fore the  commission  formally  nor  is  it 
likely  to  be. 

Members  of  the  commission  staff 
have  been  working  for  the  Recovery 
Administration,  furnishing  data  on 
codes  for  various  industries  with 
which  the  commission  is  familiar. 


Twelve  MPTO  Units 
Set  to  Act  on  Code 

(Coittniued  from  page  I) 

5  and  6,  at  Columbus ;  M.  P.  T.  O. 
of  North  and  South  Carolina,  Dec. 
10  and  11,  at  Charlotte,  and  both  the 
Texas  and  Oklahoma  units  which 
have  not  yet  set  definite  dates.  Seven 
others  will  not  call  meetings  until 
immediately  after  the  code  has  been 
signed  by  President  Roosevelt,  it  was 
reported.  Units  which  have  already 
approved  the  code  include  the  Tri- 
States  unit,  Mississippi,  Tennessee 
and  Arkansas ;  Southeastern  Theatre 
Owners'  Ass'n;  Exhibitors'  Ass'n  of 
Chicago  and  the  M.  P.  T.  O.  of  Iowa 
and  Nebraska.  Allied  of  Iowa  and 
Nebraska  also  has  approved. 


Carolina  Meeting  Set 

Charlotte,  X.  C,  Nov.  14.— The 
annual  winter  meeting  of  the  M.  P. 
T.  O.  of  North  and  South  Carolina 
has  been  .set  for  Dec.  10-11  here. 


Local  SOS  and  ITOA 
Delay  Wage  Parleys 

Negotiations  between  Local  306  and 
the  I.  T.  O.  A.  on  a  wage  scale  for 
local  independent  theatres  have  been 
dropped  for  the  time  being.  Because 
of  failure  to  agree  after  each  had  sub- 
mitted booth  scales,  deliberations  are 
expected  to  be  resumed  after  the  in- 
dustry code  has  been  signed.  The 
I.  A.  T.  S.  E.  is  understood  to  be  tak- 
ing a  hand  in  the  local  situation  and 
will  attempt  to  effect  a  compromise 
after  the  code  has  been  signed  by 
President  Roosevelt. 


Means  Makes  Attack 
Upon  Block  Booking 

Kansas  City,  Nov.  14.— Attacking 
present  methods  of  distribution,  Jay 
Means,  president  of  the  Independent 
Theatre  Owners,  told  the  newly 
formed  Better  Films  Council  of  Kan- 
sas City  that  block  booking  and  blind 
buying  made  it  almost  impossible  for 
the  exhibitor  to  have  any  choice  in 
product  selection. 

In  speaking  on  "Life  As  It  Appears 
on  the  Screen,"  Dr.  Andreas  Bard, 
pastor  of  St.  Mark's  Lutheran  Church, 
said  many  pictures  failed  to  give  a  true 
cross-section  of  life. 

The  Better  Films  Council  is  spon- 
sored by  the  second  district,  Missouri 
Federation  of  Women's  Clubs.  A  re- 
viewing committee  which  will  see  pic- 
tures at  first  run  theatres  and  recom- 
mend selections  to  club  members  is 
being  formed. 


Second  Pittsburgh 
House  Cuts  Prices 

Pittsburgh,  Nov.  14. — Price  cuts 
at  the  Davis,  where  five  cents  has  been 
lopped  off  the  afternoon  and  evening 
scales,  making  them  25  and  35  cents, 
have  been  followed  by  similar  action 
at  the  Fulton.  The  latter  has  also 
dropped  two-for-ones. 


"Disraeli"  Back  Soon 

Warners  will  re-release  "Disraeli" 
at  the  Hollywood  in  about  three 
weeks.  The  picture  will  go  out  na- 
tionally on  Dec.  21.  New  prints  with 
sound  on  the  film  have  been  made. 
When  it  was  first  issued  in  October, 
1929,  the  sound  was  on  discs. 


Jersey  Unit 
AsksAllied 
To  Produce 


Wells  to  Do  Film  Story 

London,  Nov.  14 — H.  G.  Wells  has 
agreed  to  write  a  story  for  production 
by  Alexander  Korda.  Wells  has  been 
studying  film  technique  at  the  studios 
of  London  Films.  United  Artists  will 
release  in  this  country. 


ITOA  Discusses  Code 

Members  of  the  I.  T.  O.  A.  yester- 
day discussed  the  code  at  the  weekly 
meeting  at  the  Astor.  After  the  ses- 
sion the  executive  committee  met  and 
discussed  a  membership  drive  and 
other  details  which  had  been  in  abey- 
ance since  the  unit's  representatives 
were  first  called  to  Wa.shington  for 
the  code  conferences. 


Elliott  in  Capital 

William  C.  Elliott,  president  of  the 
I.  A.  T.  S.  E.,  and  Louis  Krouse,  his 
assistant,  are  in  Washington  on  labor 
matters  as  they  affect  operators  and 
stagehands  in  the  proposed  industry 
code.     They  are  due  back  tomorrow. 


Sues  on  Warner  Bonds 

Suit  has  been  filed  in  Supreme 
Court  here  against  Warner  Bros. 
Hollywood  Theatres  Corp.  by  Eugene 
Collat,  owner  of  three  |1,000  bonds, 
charging  default  on  six  per  cent  inter- 
est payments  due  May  1  and  failure 
to  redeem  the  bonds. 

Warners  have  presented  a  defense 
on  five  technical  grounds  and  Collat 
has  asked  for  a  bill  of  particulars. 


El  Brendel  to  Tour 

Hollywood,  Nov.  14. — El  Brendel 
and  his  wife,  Flo  Bert,  open  a  vaude- 
ville skit  for  RKO  in  Chicago  Dec. 
1.  This  will  be  their  first  stop  in 
a  tour  of  the  circuit  from  Chicago 
east. 


(.Continued  from  page   1) 

does  not  approve  of  the  code  in  its 
present  form.  He  said  that  he  didn't 
approve  of  "signing  a  blank  check," 
meaning  that  since  the  personnel  of 
the  code  authority  has  not  been  named 
there  is  a  blank  in  the  code  which  ex- 
hibitors are  asked  to  approve. 

He  stated  nothing  is  more  import- 
ant in  the  code  than  the  code  author- 
ity since  it  is  this  group  which  will 
rule  on  all  matters  pertaining  to  the 
code. 

Instead  of  meeting  twice  a  month, 
Allied  of  New  Jersey  will  hold  a  ses- 
sion weekly  starting  next  Tuesday. 

Thirty-three  More 
Canada  Houses  Open 

Toronto,  Nov.  14. —  Thirty-three 
theatres  reopened  in  Canada  during 
September  and  October,  bringing  the 
total  of  active  houses  to  above  800, 
according  to  a  compilation  of  the  M. 
P.   Distributors'  Ass'n. 

They  were  distributed  as  follows : 
Maritime  Provinces,  one ;  Quebec, 
eight ;  Ontario,  eight ;  Winnipeg,  12 ; 
Calgary,  none ;  Vancouver  territory, 
four. 

Winnipeg  has  by  far  the  best  show- 
ing. Business  has  picked  up  gener- 
ally in  that  territory,  but  the  Alberta 
area,  farther  west,  is  still  feeling  the 
effects  of  the  slump. 


May  Let  Houses  Go 

London,  Nov.  14. — Universal  will 
dispose  of  its  three  British  houses, 
including  the  Rialto  in  Leeds  and  two 
in  Bolton. 

Company  headquarters  confirm. 


B.  &  D.  Recapitalizes 

London,  Nov.  14. — Financial  re- 
organization of  British  and  Dominion 
has  been  approved  by  stockholders. 
Over  $1,000,000  has  been  written  off. 


Del  Lord  Joins  Ryan 

Hollywood,  Nov.  14. — Del  Lord 
has  been  made  vice-president  of  Phil 
Ryan  Productions,  Inc.  He  will  also 
function  as  a  writer  and  director. 


Basket  Ball  Team  Set 

Cohimbia  basketball  team  has  com- 
pleted organizing  and  is  looking  for 
a  number  of  games  to  complete  its 
schedule  for  the  season. 


Brooklyn  Probe  Off 
For  Solvency  Trial 

(Continued  from  page  1) 
ther  examination  into  the  company's 
affairs  by  a  special  referee  must  be 
suspended.  An  involuntary  petition  in 
bankruptcy  was  filed  against  the  com- 
pany on  Oct.  13. 

Judge  Byers  said  that  if  New  York 
Investors,  Inc.,  which  has  denied  in- 
solvency, proves  at  the  trial  to  be 
solvent,  further  examination  now  will 
be  an  unnecessary  expense.  The  trial 
was  to  have  started  yesterday,  but 
Archibald  Palmer,  counsel  for  a  bond- 
holders' group,  obtained  a  postpone- 
ment to  Dec.  6. 


Kalmine  Expects  to     \ 
Stay  in  Pittsburgh ' 

(Continued  from   page    \) 

word  of  it.  The  subject  has  never 
been  broached  to  hinT_by  Warner  offi- 
cials, Kalmine  claims,  and  as  far  as 
he  knows,  he  stays  in  Pittsburgh. 

Kalmine  came  here  from  the  New 
Jersey  zone  a  year  ago  last  month  to 
take  the  post  left  vacant  by  the  resig- 
nation of  John  H.  Harris,  who  has 
since  returned  to  private  operation. 

Loew's  Stock  Sale 
Hearing  Set  Today 

(Continued  from  page    1) 

gold  bond  issue,  dated  April  1,  1931, 
the  bulk  of  which  is  held  by  Chase 
National  Bank.  If  the  stock  sale  is 
approved  by  the  court,  it  will,  in 
effect,  result  in  transferring  the  stock 
for  the  defaulted  bonds,  for  which  the 
stock  is  up  as  collateral. 


Wednesday,   November    15,    1933 


MOTION-  PICTURE 

DAILY 


K.C.  Jurors 
Ask  Federal 
Labor  Probe 


(Continued  from  page  1) 

have  been  made  to  apprehend  and  con- 
vict the_  guilty  parties,"  the  investigat- 
ing body  indicated  that  only  govern- 
ment action  could  clean  up  the  mess. 

While  61  indictments  were  returned, 
names  were  not  revealed. 

"The  evidence  in  many  other  cases 
justified  indictments,"  the  jury  re- 
ported to  Judge  James  R.  Page  of 
the  Circuit  Court,  "but  was  of  such 
character  we  believed  convictions  could 
not  be  obtained." 

The  Grand  Jury  specifically  ac- 
cused Local  170,  I.A.T.S.E.,  and  rival 
"rump"  unions  of  being  responsible 
for  violence  and  disturbances  at  the 
theatres.  Thirteen  members  of  Local 
170,  including  officials,  were  ques- 
tioned. Four  union  operators  were 
detained  as  suspects,  were  put  through 
the  "show  up"  for  possible  identifica- 
tion as  bomb  throwers,  then  released. 
A  number  of  non-union  operators, 
suburban  theatre  owners  and  at  least 
one  downtown  theatre  manager  testi- 
fied. 

The  report  disclosed  that  many  ses- 
sions of  the  jury  had  been  held  in 
secret  places  because  of  the  fear  of 
witnesses  they  would  be  subjected  to 
bodily  harm  if  they  appeared  at  the 
court  house.  The  jury  found  that 
many  witnesses  committed  perjury, 
due  to  fear. 

"The  existence  of  this  fear,"  the 
jury  commented,  "is  in  itself  a  fright- 
ful comment  on  the  law-enforcing 
agencies  of  Kansas  City." 

Salient  points  of  the  Grand  Jury's 
report : 

"Motion  picture  theatre  owners  and 
the  public  have  been  terrorized  by  the 
use  of  bombs  in  theatres  to  intimidate 
owners  and  force  them  to  employ 
members  of  a  certain  union. 

"We  believe  that  the  work  of  grand 
juries  under  existing  conditions  is  but 
a  mere  gesture  at  law  enforcement. 
The  public  is  the  only  grand  jury  that 
can  return  an  effective  indictment 
against  the  public  official  who  does  not 
respect  his  official  oath  —  who  is  a 
representative  of  a  political  system 
that  finds  profit  in  protected  crime  and 
its  allied  rackets." 


K.  C.  Local  Denies 
Share  in  Bombings 

Kansas  City,  Nov.  14. — Denying 
racketeering  charges  by  the  Jackson 
County  Grand  Jury,  Local  170,  has 
issued  a  statement  blaming  "outlaw" 
unions  for  much  of  the  violence  at 
theatres  in  the  last  two  years.  The 
statement  was  signed  by  H.  H.  Duna- 
van,  president;  Frank  Dowd,  business 
agent,   and   L.   L.    Stewart,   treasurer. 

The  union  officials  point  out  that 
officers  of  a  "rump"  union  were  con- 
victed and  are  now  serving  peniten- 
tiary sentences  for  bombing  Loew's 
Midland  Theatre,  where  LA.T.S.E. 
operators  were  employed. 

"Many  other  instances  may  be 
pointed  out  where  tear  gas  bombs  and 
stench  bombs  were  discharged  where 
our  members  were  and  are  now  regu- 
larly employed,"  the  officials  said. 
Homes  of  union  officers  were  damaged 
by  bombs  and  union  headquarters  were 


bombed  on  two  occasions,  according 
to  the  statement.  President  Dunavan 
said  that  as  recently  as  Sept.  3  last 
the  Fo.x  Linwood,  a  union  house,  suf- 
fered a   stench  bomb  attack. 

"We  unalterably  oppose  such  activi- 
ties and  will  gladly  join  with  authori- 
ties in  suppressing  any  such  violations 
of  law,''  the  statement  continued. 


"Eskimo"  Premieres 

"Eskimo"  opened  at  the  Astor  last 
night  to  the  tune  of  the  usual  sunlight 
arcs,  ermines  and  toppers.  The  upper 
crust  of  filmdom  turned  out  in  size- 
able numbers. 

Among  those  present  was  Hunt 
Stromberg,  M-G-M  associate  pro- 
ducer, whose  charge  "Eskimo"  was. 
He  arrived  from  Hollywood  yesterday. 


Warners  to  Finish 
Thirty  This  Month 

Hollywood,  Nov.  14. — By  the  end 
of  this  month  Warners  expect  to  have 
30  features,  half  their  1933-34  pro- 
gram, complete.  The  company  is  well 
ahead  of  its  release  schedule  with  11 
completed  and  not  yet  out. 

These  11  include:  "Bedside,"  "Dark 
Hazard,"  "Easy  to  Love,"  "From 
Headquarters,"  "The  House  on  S6th 
St.,"  "Havana  Widows,"  "Lady 
Killer,"  "Mandalay,"  "Massacre," 
"Son  of  a  Sailor"  and  "The  Big 
Shakedown." 

Those  scheduled  for  completion  this 
month  are :  "As  the  Earth  Turns," 
"Hell's  Bells,"  "Hi,  Nellie,"  "Won- 
der Bar,"  "Gambling  Lady"  and  "Heat 
Lightning." 


Four  Omaha  Houses 
In  New  Blank  Group 

Omaha,  Nov.  14. — The  Orpheum, 
World,  State  and  Paramount  have 
been  included  in  the  Tri-State  The- 
atres Corp.,  organized  in  Des  Moines 
by  A.  H.  Blank.  The  new  company 
takes  the  place  of  the  various  operat- 
ing organizations  necessitated  by  the 
bankruptcy  of  Publix. 

Heading  the  list  of  promotions  in 
the  Blank  organization  is  that  of 
Stanley  Brown,  manager  of  the 
Orpheum,  who  goes  to  Des  Moines  as 
city  manager.  Brown  was  formerly 
a   Publix  district  manager. 

The  rumored  deal  between  Blank 
and  Ralph  D.  Goldberg  of  the  World 
Realty  Co.  here,  lease-holder  of  the 
World  and  State,  is  still  pending. 


*^A  picture  that  can  play 
on  the  public's  heart' 
strings  as  the  public  likes 
to  have  its  heartstrings 
touched,  in  any  age/' 

The  Hollywood  Reporter 

THE  MOST  GLORIOUS  LOVE 
STORY  SINCE  "7th  HEAVEN"! 


A  FRANK  BORZAGE 


Production 


SPENCER  TRACY 
LORETTA  YOUNG 

Screen  play  by  Jo  Swerling 
From  the  play  by  Lawrence  Hazard 

• 

A  COLUMBIA 
PICTURE 

A    Screen    Guild    Picture 


MOTION  PICTURE 

DAILY 


Wednesday,  November   15,    1933 


U.  A.  Wins  in  Deal 
For  Marx  Brothers 


(Continued  from  page  1) 

the  company  would  continue  to  han- 
dle the  comedians'  product  after 
"Duck  Soup." 

First  release  is  not  set,  but,  ac- 
cording to  present  plans,  the  initial 
picture  will  not  be  ready  until  next 
September,  indicating  that  the  Marxes 
will  not  be  listed  on  the  1933-34  U.  A. 
program.  Gummo  !Marx,  the  fifth  of 
the  clan,  will  pass  on  all  contracts, 
it  is  understood,  and  is  setting  up  an 
office  at  the  U.  A.  home  office  to  han- 
dle the  job. 


Lichtman  Restores 
Two  U.A.  Divisions 

(Continued  from  page  1) 

the    western    area    and    Harry    Gold 
taking   over    the   east. 

The  setup  does  not  affect  the  dis- 
trict managers.  Schlaifer  plans  to 
make  a  tour  of  exchanges  under  his 
supervision  in  the  near  future,  but 
has  set  no  date  for  leaving. 


Kelly  En  Route  to  Paris 

Paris,  Nov.  14.— Arthur  W.  Kelly, 
head  of  the  U.  A.  foreign  department, 
is  en  route  here  from  India.  He 
plans  to  sail  for  the  United  States 
shortly  after  his  arrival  and  is  due  in 
New  York  about  Dec.  1. 


Joseph  Schenck  East 

Hollywood,  Nov.  14. — Joseph  M. 
Schenck,  president  of  United  Artists, 
leaves  for  New  York  Wednesday 
night.  He  may  take  in  Europe  be- 
fore returning  here  about  Jan.  23. 


Para.'s  New  Setup 
Ready  in  2  Weeks 

(Continued  from  page  1) 

unit  under  the  administration  of  the 
Paramount  Publix  trustees  in  bank- 
ruptcy, involves  a  change  of  name  for 
the  theatre  subsidiary,  with  issuance 
of  stock  in  the  new  organization  to 
Paramount  Publix  in  consideration 
for  Publix  Enterprises'  indebtedness 
to  the  parent  company,  which  is  the 
largest  creditor  of  the  theatre  com- 
pany. 


White  Sulphur  Set 
For  Para,  Meeting 

Special  meeting  of  all  divisional  and 
district  managers  of  Paramount  at 
White  Sulphur  Springs  Nov.  18-21 
will  strictly  be  a  sales  session.  No 
studio  officials  will  attend. 

Headed  by  George  J.  Schaefer,  gen- 
eral manager,  the  contingent  will  in- 
clude Neil  Agnew,  sales  manager;  J. 
J.  Unger  and  Stanley  Waite,  divi- 
sional heads,  and  11  district  mana- 
gers. 


Bishops  to  Talk  Films 

Washington,  Nov.  14. — Clean 
films  will  form  one  of  the  topics  of 
discussion  during  a  two-day  session 
of  102  Roman  Catholic  bishops  sched- 
uled to   start  here  tomorrow. 


Looking  ^Em  Over 


(Continued  from  page  2) 

^'Carnival  Lady" 

(Majestic) 

Romance  and  life  of  performers  working  under  the  big  top.  With 
Boots  Mallory  as  the  star,  this  melodrama  stacks  up  as  average  enter- 
tainment. It  was  produced  by  Ken  Goldsmith  with  Howard  Higgin 
directing.  In  the  cast  are  Allen  Vincent,  Donald  Kerr,  Rollo  Lloyd, 
Gertrude  Astor,  Kit  Guard  and  Antia  Faye. 

Left  penniless  by  a  bank  collapse,  Kerr  sets  out  to  earn  his  own  salt. 
In  a  nearby  town  he  joins  a  carnival  when  the  high  diver  is  injured. 
The  hero  falls  for  Miss  Mallory  and,  as  time  goes  by,  decides  to  marry 
her.  The  heroine  agrees,  but  when  the  show  visits  the  hero's  home 
town,  his  wealthy  friends  ridicule  the  contemplated  marriage.  Kerr  even 
gets  an  offer  to  work  for  one  of  his  friends  at  $5,000  a  year.  He  turns 
it  down,  so  the  friend  goes  to  Miss  Mallory  and  gets  her  to  break  the 
engagement.    She  does. 

When  the  high  diver  returns  to  the  show  after  his  recovery,  he  gets 
into  a  brawl  with  one  of  the  hero's  friends  and  in  the  fall  fractures  his 
skull.  Kerr  comes  to  the  rescue  by  making  the  high  dive  and  making 
it  appear  he  was  hurt.  When  he  is  carried  into  Vincent's  tent,  he  changes 
clothes  before  the  doctor  arrives  and  succeeds  in  having  the  medico 
announce  the  death  of  the  diver  as  a  result  of  injuries  sustained  while 
making  the  dive. 

Kerr  and  Miss  Mallory  marry,  but  his  friends  change  their  attitude 
about  the  girl,  agreeing  unanimously  they  misjudged  her  from  the  start. 
The  usual  freaks  constantly  put  in  an  appearance  to  give  the  picture  an 
atmosphere  of  carnival  life. 


Columbia  Busy  on  8, 
With  7  About  Ready 

Hollywood,  Nov.  14. — Columbia 
has  eight  in  work  and  seven  about 
ready  to  start,  somewhat  of  a  produc- 
tion rush  for  this  plant. 

The  eight  before  the  cameras  are: 
"No  Cannons  Roar,"  "Night  Bus," 
"Let's  Fall  in  Love,"  "Shadows  of 
Sing  Sing,"  "Fog,"  "Before  Mid- 
night," "Once  for  Every  Woman" 
and    "Straightaway." 

Those  scheduled  for  an  early  start 
are :  "Ninth  Quest,"  "Take  the  Wit- 
ness," "Produce  the  Body,"  "Whirl- 
pool," "Black  Moon"  and  "Murder  in 
the  Studio,"  and  an  aviation  story  for 
Tim  McCoy  now  being  written  by 
Horace  McCoy. 


Goldwyn  Signs  Cooper 

Hollywood,  Nov.  14. — Before  his 
departure  for  New  York  tonight  Gary 
Cooper  was  signed  by  Samuel  Gold- 
wyn to  play  opposite  Anna  Sten  in 
"Barbary  Coast."  His  contract  with 
Paramount  permits  him  to  do  one  film 
annually  for  another  producer.  The 
actor  gave  preference  to  Goldwyn  be- 
cause it  was  the  latter  who  gave  him 
his  first  big  opportunity  seven  years 
ago  opposite  Vilma  Banky  in  "The 
Winning   of   Barbara   Worth." 

Cooper  will  return  to  the  coast 
Dec.   20. 


Re-Sign  Heather  Angel 

Hollywood,  Nov.  14. — Fox  has  re- 
newed its  first  option  on  Heather  An- 
gel's contract.  The  actress  is  now 
working  in  "Seven  Lives  Were 
Changed." 

The  studio  has  signed  Hugh  Wil- 
liams, English  actor,  to  a  long-term 
contract.  Winfield  Sheehan  negotiated 
the  deal  while  in  London. 

Williams  will  leave  England  for 
Hollywood  in  30  days. 


Warner  Ball  Jan.  20 

Warners  will  hold  their  annual  ball 
at  the  Waldorf  Astoria  on  Jan.   20. 


No  A,F,of  L,  Charter 
Is  Seen  for  Guild 

Washington,  Nov.  14. — No  char- 
ter will  be  granted  the  Screen  Actors' 
Guild  by  the  American  Federation  of 
Labor,  it  was  indicated  here  today 
upon  receipt  of  a  report  that  the  as- 
sociation had  filed  an  application. 

The  matter  of  granting  charters  to 
organizations  composed  of  more  than 
one  class  of  workers  was  prominent 
in  the  discussions  of  the  Federation's 
annual  meeting  here  last  month,  when 
action  was  taken  which,  it  is  said,  pre- 
cludes the  granting  of  the  Guild's 
charter. 

It  was  pointed  out  that  the  Actors' 
Guild  is  composed  of  actors,  whom 
the  Federation  feels  should  join 
Equity ;  stage  hands  and  cameramen, 
who  should  join  the  I.  A.  T.  S.  E., 
and  musicians,  who  should  belong  to 
the  Musicians'  Union. 


Pathe  Reports  Gain 
Far  Above  Year  Ago 

For  the  third  quarter  Pathe  Ex- 
change, Inc.,  reports  net  profits  of 
$423,562  after  taxes  and  charges,  as 
against  profits  of  $28,699  for  the  sim- 
ilar period  of  1932.  Net  profits  for 
the  first  nine  months  of  the  year  were 
$369,289,  as  compared  with  $30,846  the 
same  period  last  year. 


Alice  Brady  Re-Signed 

Hollywood,  Nov.  14. — Alice  Brady 
has  been  given  a  new  long-termer  by 
M-G-M.  She  has  just  completed  work 
in  "The  Vinegar  Tree." 


''Prizefighter*'  Held  Over 

"The  Prizefighter  antl  the  Lady" 
is  being  held  for  a  second  week  at  the 
Capitol.  Kate  Smith  will  warble  her 
Swanee  music  another  week. 


Lesser  After  U.  K.  Films 

London,  Nov.  14. — Sol  Lesser,  in 
from  New  York,  states  he  is  seeking 
six  British  films  for  American  release. 


3  Changes  Made 
In  St.  Louis  Board 


St.  Louis,  Nov.  14.— Stockholders 
of  the  St.  Louis  Amusement  Co.  have 
elected  nine  directors  to  serve  duFing 
the  year. 

But  three  changes  were  made,  Dan 
Michalove,  S.  B.  Friedman  and  H.  S. 
Bareford,  al)  of  New  York,  making 
way  for  three  St.  Louis  attorneys  for 
the  Warner  interests.  This  change 
was  made  because  of  the  convenience 
of  having  local  residents  representing 
majority  stockholders. 

The  new  board  is  composed  of  Leto 
J.  Hill,  G.  L.  Wiegand,  Sam  B. 
Jefi'ries,  Paul  F.  Plummer,  Harry  M. 
Warner,  Albert  Warner,  Abel  Gary 
Thomas,  Sam  Carlisle  and  Arthur  E. 
Simpson. 

The  directors  will  meet  some  tinje 
during  the  next  few  weeks  to  elect. 


Sanders  to  Give  Party 

Many  Fox  home  office  officials  and 
practically  every  local  exchange  head 
will  attend  the  Bar  Mitzvah  and 
luncheon  party  of  David  Joseph  San- 
ders, son  of  Morris,  assistant  exchange 
and  office  manager  of  the  Fox  New 
York  branch.  The  confirmation  will 
be  held  on  Nov.  25  at  the  Jacob  H. 
Schiff  Center  in  the  Bronx  with  Rev- 
erend Dr.  Basel  supervising  the  ritual. 

Among  the  200  expected  are  Louis 
Nizer,  who  may  act  as  toastmaster  at 
the  luncheon,  and  John  Lyons,  re- 
cently elected  borough  president  of 
the  Bronx. 


Ohio  MPTO  Elects  Dec.  5 

Columbus,  Nov.  14. — P.  J.  Wood, 
business  manager  M.P.T.O.  of  Ohio, 
has  notified  the  membership  that  the 
annual  election  of  officers  for  the  ensu- 
ing year  will  be  held  Dec.  5,  at  which 
time  detailed  information  will  be  given 
on  the  plan  to  attempt  the  repeal  of 
the  admission  tax.  The  new  code  also 
will  be  explained  and  discussed. 


Court  O.K.'s  Contracts 

Hollywood,  Nov.  14. — Contracts  of 
Jane  Hamilton  and  Bonnie  Bannon, 
17  and  18,  respectively,  were  ratified 
in  court  today  for  Samuel  Goldwyn, 
who  picked  the  girls  from  the.  "Roman 
Scandals"  cast  as  the  nucleus  of  a 
stock   company   of   eight. 


More  Westerners  East 

Hollywood,  Nov.  14. — Mrs.  A. 
Schulberg  of  the  Schulberg-Feldman 
Agency,  leaves  for  New  York  Satur- 
day   to    catch    new    Broadway   plays. 

Gregory  Ratoff  heads  east  the  same 
day  on  vacation. 


House  for  E.  57th  St. 

Founders  Enterprise  Corp.  of 
America  has  purchased  property  on 
the  northeast  corner  of  57th  St.  and 
3rd  Ave.  from  the  Manufacturers 
Trust  Co.  as  a  site  for  a  theatre. 


Singer  Gets  St.  Louis 

St.  Louis,  Nov.  14. — Harry  Singer, 
F.    &    M.    midwest    district    manager, 
is  in  charge  of  the  St  Louis,  recently 
acquired  by  F.  &  M.  as  a  unit  in  the  , 
circuit's    national    setup. 


Doris  Warner  Returns 

Doris  Warner,  daughter  of  H.  M., 
returned  from  the  coast  yesterday 
after  a  few  weeks  at  the  Warner, 
studios. 


Wednesday,   November   15,    1933 


MOTION  PICTURE 

DAILY 


AngeF'  Holds 
Lead  in  L.  A. 
With  $19,500 


Hollywood  On  Parade 


By  BILL  SWIGART 


Los  Angeles,  Nov.  14. — "I'm  No 
Angel"  was  still  strong  at  the  Chinese, 
in  its  third  week,  pulling  in  a  gross  of 
^19,500.  This  is  $5,500  over  par.  "White 
Woman,"  plus  a  stage  show,  was  in 
second  place,  with  $15,000,  $3,000  un- 
der the  Paramount  average.  "College 
Coach"  at  the  Downtown  was  good  for 
$13,650. 

Total  first  run  business  was  $101,- 
200.  Average  is  $103,400. 

Estimated  takings  for  the  week  end- 
ing Nov.  8 : 

"I'M   NO  ANGEL"   (Para.) 

CHINESE— (2,500),  50c-$1.65,  7  days,  3rd 
week.  Sid  Grauman  prologue.  Gross:  $19,- 
500.     (Average,    $14,000.) 

"THE  MAD  GAME"   (Fox) 
LOEWS  STATE^(2,415).  25c-40c.  7  days. 
Fifi     d'Orsav     on     stage.     Stage     show.     Ed 
Lowry  and  his  band.     Gross;  $9,500.     (Aver- 
age,   $14,000.) 

"WHITE    WOMAN"    (Para.) 
PARAMOUNT— (3,598),    25c-40c,    7    days. 
Georgie  Stoll  and  his  orchestra,  stage  show. 
Gross:    $15,000.     (Average,    $18,000.) 

"AFTER   TONIGHT"    (Radio) 
RKO— (2,700),     25c-40c,     7     days.      Gross: 
$3,500.     (Average,    $8,000.) 

"COLLEGE   COACH"    (Warners) 
WARNERS     (Hollywood) —  (5,000),     25c- 
55c,  7  days.     Teddy  Joyce  and  his  orchestra, 
stage     show.        Gross:     $12,500.        (Average. 
$14,000.) 

"COLLEGE    COACH"    (Warners) 
WARNERS    (Downtbwn)— (3.400),   25c-55c, 
7     days.     Max     Fisher     and     his     orchestra. 
Billv     Snvder.     m.c.     stage     show.     Gross: 
$13,650.     (Average.    $12,000.) 

"BITTER   SWEET"    (U.    A.) 
FILMARTE— (890).    40c-50c,    7    days.    2nd 
week.  Disney's  "Pied  Piper."    Gross:  $2,000. 
(Average.    $2,650.) 

"BEAUTY    FOR    SALE"    (M-G-M) 
CTRITERION— (1,610).      25c-40c.      7      davs 
stage  show.    Gross:  $3,800.    (Average.  $2,800.) 
"MY   WOMAN"    (Col.) 
LOS   ANGELE.S— (3.000),    15c-25c,   7  days, 
stage  show.    Gross:  $4.7.50.     (Average.  $3,700.) 
"DOCTOR    BULL"    (Fox) 
ORPHEUM--(2.200'),    25c-35c.    7    days.     10 
acts     vaudeville.     Gross:     $4,200.     (Average, 
$4.?':0) 
"BROADWAY    THRU    A    KEYHOLE 

(U.   A.) 
UNITED     ARTIST.S— (2.100).     25c-40c,     7 
days.     Sid   Grauman   ni-ologue,   Chic   Sale   on 
the   stage.     Gross:   $12,800. 


Indianapolis  Tips 
'Parade'  to  $9,000 

Indianapolis,  Nov.  14. — "Footlight 
Parade"  ran  away  with  the  big  busi- 
ness here  last  week,  piling  un  $9,000, 
over  par  by  $5,500,  at  the  Circle. 

The  other  bright  spot  on  the  theatre 
map  was  the  Palace,  where  "Broad- 
way Thru  a  Keyhole"  reached 
$6,000.    Business  elsewhere  was  off. 

Total  first  run  business  was  $28,500. 
Average  is  $26,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  4: 

"WORST    WOMAN    IN    PARIS"     (Fox) 

APOLLO— (1,100).  2.5c-40c,  7  davs.  Gross: 
$2,000.        (Average.    $2,500.) 

"FOOTLIGHT    PARADE"    (Warners) 
CIRCLE— (2.800).    25r--40c,    7    days.    Gross: 
$9,000.       (Average,    $3,500.) 

"THE    WAY    TO    LOVE"     (Para.) 
INDIANA- (3.300V   2.5c-.55c.   7   davs.   Stage 
show.         Gross:     $8,000.         (Average.     $10.- 
000.) 

"I    I  OVED    A    WOMAN"    (F.    N.) 

LVRTC— (2.n00).  25c-40c.  7  days.  Gross: 
$3,500.       (Average,    $6,000.) 

"BROADWAY   THRU    A   KEYHOLE" 
(U.    A.) 

PALACE— (3,000),  25c-40c,  7  days.  Gross: 
$6,000.         (Average,    $4,500.) 


Hollywood,  Nov.  14. — Rowland 
Brown  is  said  to  have  sent  George 
CuKOR  a  kidding  wire  saying,  "All  is 
forgiven,  you  can  now  come  back. 

"Signed,  Adolph  Hitler." 
• 

Spec  O'Donnell  was  requested  to 
endorse  a  preparation  for  removing 
freckles  and  gladly  did  so,  but  with 
an  ulterior  motive.  He  wants  his 
rivals  to  use  it  so  he  can  grab  ofif 
all  the  freckled  face  parts  for  himself. 
• 

The  seven  poster  girls,  faces  known 
everywhere  as  the  country's  most 
popular  models  for  advertising  pho- 
tographers and  commercial  artists, 
have  finished  their  work  with  Eddie 
Cantor  in  "Roman  Scandals"  and  will 
soon  trek  back  to  New  York  for  less 
hectic  work. 

• 

Latest  of  the  old-time  stars  to  make 
a  reappearance  is  Bessie  Barriscale, 
who  is  coming  out  of  retirement  for 
a  small  part  in  "Beloved"  now  being 
produced  by  Bennie  Ziedman  for 
Universal.  It  is  because  of  her 
friendship  and  15  years'  acquaintance 
with  Ziedman  that  the  ex-star  agreed 
to  accept  the  part. 
• 

A  prominent  producer  here  upon 
learning  that  one  of  the  first  string 
local  critics  was  about  to  write  an 
adverse  review  on  his  latest  picture, 
tried  to  prevail  frantically  upon  the 
critic  to  go  easy.  The  critic  replied 
with  that  famous  Harry  Reichen- 
BACH   retort, 

"You    change    the    picture    and    I'll 
change  my  review." 
• 

Due  to  the  fact  that  Harry  Rapf 
is  devoting  his  entire  time  to  getting 
"Hollywood  Party"  in  the  can  before 
attempting  another  production,  "Com- 
ing Around  the  Mountain,"  scheduled 
as  the  first  May  Robson-Polly 
Moran  co-starring  picture  has  been 
postponed.  Miss  Robson,  however, 
is  busy  at  Paramount  on  "Alice  in 
Wonderland"  while  Polly  is  loafing. 
• 

Sid  Grauman  established  himself 
as  an  exploiteur-non-plus  when  he 
had  Baby  Leroy  appear  in  the  court 
of  the  Chinese  the  other  afternoon. 
His  appearance  alone  would  have  at- 
tracted crowds,  but  Sid  wanted  to 
give  the  gapers  a  real  show  so  he 
had  the  miniature  screen  star  wash 
an  elephant.  The  newsreel  boys  were 
on  hand,  which  means  Grauman  will 
not  only  get  local  publicity  for  the 
stunt  but  national  as  well. 
• 

A  distinguished  company  took  part 
in  Universal's  sophisticated  comedy, 
"By  Candlelight."  Among  the  extras 
were  a  Russian  admiral,  an  Egyptian 
prince,  a  Hungarian  major  and  the 
son  of  the  world's  greajtest  tenor, 
Enrico  Caruso.  An  Italian  countess 
was  also  a  member  of  the  company, 
although  she  discontinued  the  use  of 
her  title  many  years  ago.  She  was 
Elissa  Landi,  co-starring  with  Paul 
LuKAS,  who  can  also  boast  of  Hun- 
garian aristocracy  lineage. 
• 

IT  IS  RATHER  UNUSUAL  that 
Edris  Hartley,  art  director  at  War- 
ners, has  a  clause  in  his  contract  per- 
mitting him  to  take  day  off  whenever 
U.  S.  C.  plays  a  football  game  on  its 


home  lot.  .  .  .  George  Raft  is  the 
busiest  actor  in  town.  He  is  now 
working  in  "All  of  Me,"  rehearsing 
a  difficult  dance  number  for  "Bolero" 
and  training  to  fight  bulls  for  "The 
Trumpet  Blows."  ...  So  large  were 
the  crowds  at  the  preview  of  "Little 
Women"  that  Spence  Lave,  manager 
of  the  Fox  Ritz  ran  the  picture  twice 
to  accommodate  a  packed  house  for 
the  second  show.  .  .  . 
• 

STRANGE  THINGS  DO  HAP- 
PEN IN  HOLLYWOOD  as  attested 
by  the  fact  that  the  vice-president 
of  a  local  bank,  which  held  $25,000 
cash  deposits  of  a  certain  film  execu- 
tive, called  the  depositor,  ostensibly 
to    give    him    some    advice,    and    said, 

"Why  don't  you  invest  some  of 
this   money  ?" 

The  executive  was  quite  surprised 
and  asked,  nonchalantly, 

"Is  my  money  worrying  you?".  .  . 

It  is  also  strange  that  Boulevard 
commentators  are  crediting  the  main 
characters  of  "Ten  Per  Cent,"  now 
appearing  currently  in  the  Saturday 
Evening  Post,"  to  a  composite  Le- 
land  Hayward  and  Frank  Joyce. 
They  have  even  gone  so  far  to  con- 
vince one  that  the  article  is  a  direct 
expose  of  these  two  upright  business 
men  that  the  illustrations  are  perfect 
images  of  the  two  men  in  question. 
...  A  member  of  the  state  legislature 
is  working  as  a  carpenter  at  the 
Warner  studios.  .  .  .  De  Sylva, 
Brown  and  Henderson,  at  one  time 
a  harmonious  trio  of  composers,  are 
now  competing  against  each  other  as 
associate  producers  on  the  Fox  lot. 
Brown  is  supervising  "Movietone  Fol- 
lies" ;  De  Sylva,  "Bottoms  Up"  and 
Henderson  is  associated  with  George 
White  on  "Scandals." 


^^Baron''  Hits 
$25,000  for 
Frisco  Lead 


Schenck  May  Get  March 

Hollywood,  Nov.  14. — ^Services  of 
Fredric  March  have  been  offered  to 
Joseph  M.  Schenck,  it  is  reported, 
but  the  latter  says  he  has  not  signed. 
The  actor  has  two  rnore  weeks  to  go 
at  Paramount.  His  agent  could  not 
be  reached  totlay  for  information  on 
March's   future   status. 


Hamilton  Comes  Back 

Hollywood,  Nov.  14. — After  an  ab- 
sence of  a  year  owing  to  two  acci- 
dents which  nearly  crippled  him  for 
life,  Lloyd  Hamilton  returns  to  Edu- 
cational this  week  to  work  under  di- 
rection of  Harry  Edwards  in  a  Mer- 
maid comedy  tentativelv  titled  "Baby's 
Buddies." 


San  FRANasco,  Nov.  14.— Despite 
an  NRA  parade  in  which  40,000 
marched  on  Monday  night,  and  elec- 
tion the  following  day,  San  Francisco 
houses  stood  up  with  some  nice 
grosses  last  week.  Leading  the  town 
was  Jack  Pearl's  "Meet  the  Baron," 
which  clicked  for  $25,000  at  the  War- 
field,  plus  stage,  a  neat  $6,000  over 
par. 

At  the  Paramount  "Footlight  Par- 
ade" found  a  receptive  audience  to  the 
tune  of  $18,000,  $3,000  over  normal. 
"Broadway  Thru  A  Keyhole"  was 
$4,000  above  average  at  $12,000  at 
the  United  Artists.  The  Embassy  had 
the  third  week  of  "I'm  No  Angel," 
and  that  clicked  for  $12,000.  which  is 
$4,000  over.  To  top  it  off,  the  Colum- 
bia did  $9,500  in  the  first  days  of 
"The  Private  Life  of  Henrv  VIII." 
with  $11,000  expected  in  the  next  seven 
days. 

Total  first  run  business  was  $115,- 
700.    Average  is  $85,000. 

Estimated  takings : 

Week  Ending  Nov.  7: 

"PRIVATE  LIFE  OF  HENRY  VIII" 
(U.   A.) 

COLUMBIA— (1,200).  50c-75c-$l.SO,  two-a- 
day.  5  days.  Gross:  $9,500.  (AvCTage,  $8,- 
000.) 

"AFTER    TONIGHT"    (Radio) 

GOLDEN  GATE— (2,800),  25c-35c-45c-6Sc. 
7  days.  Stae;e.  vaudeville.  Gross:  $9,000. 
(Averaee.    $13,000.) 

Week  Ending  Nov.  9: 

"DR.   BULL"   (Fox) 

EL  CAPITAN— (2.900),  10c-35c-40c,  7  days. 
Stage,  band.  Gross:  $?,000.  (Average,  $9,- 
000.) 

"I'M  NO  ANGEL"  (Para.) 
EMBASSY— (1.380).    30c-40c-50c,    7    days. 
Gross:    $12,000.    (Averaee.  $8,000.) 

"KING  FOR  A  NIGHT"   (Univ.) 
ORPHEUM— (3,000).    15c-35c-40c,    7    days. 
Rube   Wolf   band,   eirls,    stage.     Gross:    $9,- 
000.    (Average.   $10,000.) 

"MEET    THE    BARON"    (M-G-M) 
WARFIELD— (2.700).  25c-35c-55c-65c-90c,  7 
days.      Stage,  band.     Gross:   $25,000.   (Aver- 
age.   $19,000.) 

"EAST    OF    5TH    AVENUE"    (Col.) 
FOX— (4,600).       10c-15c-2.Sc-35c.      7      days. 
Stage.     10    vaudeville    acts.      Gross:     $9,200. 
(Average.    $9,000.) 

Week  Ending  Nov.  10: 

"FOOTLIGHT  PARADE"  (Warners) 

PARAMOUNT— (2,670).    25c-35c-55c-7,=:c.    7 
days.     Gross:   $18,000.    (Average,   $15,000.) 
"MAD  GAME"   (Fox) 
"SOS    ICEBERG"    (Univ.) 
ST.      FRANCIS— (1.450).      25c-40c-50c,      7 
davs.     Gross:   $4,000.    (Average.   $6,000.) 
"BROADWAY  THRU   A   KEYHOLE" 

(U.   A.) 
UNITED    ARTISTS- (1.200).    2Sc-40c-50c. 
7   days.     Gross:   $12,000.    (Average.   $8,000.) 


Superior  Planning  12 

Hollywood,  Nov.  14.  —  Superior 
Talking  Pictures,  Inc.,  plans  12  west- 
erns for  the  current  season,  with 
Buddy  Roosevelt  starred  in  six  and 
Buffalo  Bill,  Jr..  in  the  same  num- 
ber. Four,  "Lightning  Range," 
"Circle  Canyon,"  "The  Fighting  Cow- 
boy" and  "Rawhide  Romance,"  have 
been  finished. 


Thalherg  Signs  Brown 

Hollywood,  Nov.  14.  —  Rowland 
Brown  has  signed  to  direct  "Stealing 
Through  Life"  to  be  produced  by  Irv- 
ing Thalberg  for  M-G-M. 


Nehraskans  Hit  Films 

Omaha,  Nov.  14. — A  resolution 
favoring  a  drive  to  eliminate  "unde- 
sirable" films  was  passed  by  the  Neb- 
raska Congress  of  Parents  and  Teach- 
ers in  the  12th  annual  convention  here. 
Mrs.  Max  Von  Getz  of  North  Platte. 
Neb.,  was  chosen  to  head  the  crusade 
and  it  was  stated  that  all  units 
throughout  Nebraska  will  use  "every 
available  means  to  secure  an  improve- 
ment"  in   the   moral  quality  of  films. 


Rogers  Sends  Girls  Home 

Hollywood.  Nov.  14. — Havinr  com- 
pleted "Eight  Girls  in  a  Boat," 
Charles  R.  Rogers  is  sending  the 
beauty  contest  girls  back  to  their 
homes  in  order  to  be  on  hand  to  make 
personal  appearances  during  the  run 
of  the  picture  in  their  respective  cities. 


EDUCATIONAL  S  BIGGEST  STAR  LINE  UP 
STEPS  OUT  IN  HIGHWITH  RECORD  HITS 

Names  Are  Box-office  Keynote  of  Showmen's  Recovery  Program  of 

Short  Features;  Lillian  Roth  and  Ernest  Truex  Score  with 

"Million  Dollar  Melody"  and  "Mr.  Adam.'' 


Current  Comedy  Clickers 


ANDY 
CLYDE 

in 

"HIS   WEAK 
MOMENT" 

He  was  the  town's 
strong  man  till  his 
weak  moment  came 
along.  It's  a  scream. 


"GIT  ALONG 
LITTLE  WIFIE" 

Coronet   Comedy 

with 
TAYLOR  HOLMES 

The  laugh's  on  the 
alimony  racketeer  in 
this  clever  farce. 


TOM 
HOWARD 

in 

"STATIC" 

High  frequency 
laughs  in  a  radio 
shop  .  .  .  with  no 
interference. 


"MERRILY 
YOURS" 

first  of  the 
new  series  of 

"Frolics  of 
Youth" 
with 

JUNIOR  COGHLAN  and 

MARY  BLACKFORD 

Frolicksome  fun  for  youths  of  any  age. 


"LEAVE  IT  TO  DAD'' 

Mermaid  Comedy 

One  of  the  fastest  action   comedies 
of  the  year. 


ducational  Pictures  have  taken  another  giant  stride 

ahead  of  the  field.  The  big  name  stars  of  radio,  stage 

and  screen  signed  up  to  reinforce  Educational' s  estab- 

Hshed  favorites,  have  begun  to  deliver . . .  with  a  k.  o. 

wallop  in  every  reel.  Their  comedy  hits  are  scaling 

new  peaks  of  short  subject  box-office  valuation. 

East  and  West . . .  Educational' s  production  units 

are  giving  'er  the  gun  in  an  unprecedented  flight 

of  short  subject      ; 

First  of  New  Stars  in 

Parade  of  Hits 


showmanship . . . 

stepping  up  on 
a  program  of  entertainment  that 
runs  the  gamut  of  public  taste, 
and  gives  the  showman  bigger 
opportunities  for  profit. 

E.  W.  Hammons  Fulfills  His 
Promise  of  Box-office  Talent 

No  company  has  ever  approached,  m  one 
season's  comedies,  the  grand  array  of  box-office 
names  coming  to  you  in  Educational  Pictures. 
Among  the  outstanding  favorites  who  are  con- 
tributing to  this  showman's  program  are:  Ernest 
Truex,  Andy  Clyde,  Helen  Morgan,  Tom  Patri- 
cola,  Tom  Howard,  Stoopnagle  and  Budd, 
Moran  and  Mack,  Milton  Berle,  Lillian  Roth, 
Olive  Borden,  Bob  Hope,  Charles  Judels,  Tay- 
lor Holmes,  Junior  Coghlan,  Tom  Howard,  and 
James  Melton. 

Your  Profits  Are  in  Your  Hands 

f  There's  profit  for  the  showman, 
too,  in  the  single  -  reel  pictures  in 
which  Educational  is  covering  such 
a  wide  range  of  amusement  angles. 
There  are  no  funnier  cartoons  to  be 
had  than  Terry-toons.  Fast  increas- 
ing sales  show  their  growing  popu- 
larity. There's  a  smile  for  everybody  in  the  new 
Song  Hit  Story,  "Slow  Poke,"  featuring  Stepm 
Fetchit,  the  original  Lazy  Bones.  And  "Your 
Life  Is  In  Your  Hands,"  a  gem  from  the  Treasure 
Chest,  will  have  everyone  in  your  audience  talk-, 
ing  and  studying  the  lines  in  his  hands.  It  offers 
a  score  of  opportunities  for  easy  exploitation. 
Your  profits  are  in  your  hands. 


Lillian 
ROTH 

in 

"MILLON 

DOLLAR 

MELODY" 


Ernest 
TRUEX 

in 

"MR. 
ADAM" 


The  parade  of  hits  from  the  eastern  forces  is 
under  way,  with  Lillian  Roth  and  Ernest  TruexJ 
leading  the  procession.  Miss  Roth,  with  Eddie* 
Craven,  gives  Educational' s  Musical  Comedies 
a  great  send-off  in  "Million  Dollar  Melody." 
This  Jack  White  production,  with  original 
songs  by  James  Hanley  and  Benny  Davis,  is  a 
picture  of  big  feature  calibre  in  story,  music, 
dialogue  and  aaion.  And  Mr.  Truex,  with  all 
his  big  feature  successes,  has  never  done  a  fun- 
nier role  than  that  of  the  nudist  colony  recruit 
in  the  Al  Christie  production  "Mr.  Adam." 


DISTRIBUTED  IN  U.S.A.  BY 
FOX  FILM  CORPORATION 


THE  SPICE  OFTHE  PROGRAM 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert. 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  116 


NEW  YORK,  THURSDAY,  NOVEMBER  16,  1933 


TEN  CENTS 


Detroit  Men 
Widen  Fight 
Over  Booking 

Monopoly,  Boycott   Now 
Charged  to  Combine 


Detroit,  Nov.  15. — An  amended 
and  supplemental  bill  of  complaint, 
charging  monopoly,  boycott  and  re- 
straint of  trade,  and  asking  damages 
from  directors  of  the  booking  com- 
bine, was  prepared  for  filing  this  week 
by  Attorney  Adrian  D.  Rosen,  rep- 
resenting Lew  Kane  of  the  Mayfair 
and  Al  Ruttenberg  of  the  Iris  in  their 
suits  against  Mid-States  Theatres, 
Inc. 

Previously  the  suits  had  charged 
only  conspirarcy  in  restraint  of  trade. 

Rosen  also  announced  that  suit  was 
to  be  filed  this  week  by  John  O'Dell, 
operator  of  the  Frontenac,  Harmony, 
(Continued  on  page  4) 


Publix    Enterprises 
Plan  Up  in  2  Weeks 

Assets  of  Publix  Enterprises,  Inc., 
bankrupt  theatre  holding  subsidiary  of 
Paramount  Publix,  will  be  bought  up 
by  Famous  Theatres  Corp.  under  the 
reorganization  plan  for  the  theatre 
company  which  will  be  submitted  to 
Referee  Henry  K.  Davis  for  approval 
in  two  weeks. 

The  reorganization  plan  is  that  of 
the  trustees  in  bankruptcy  for  Para- 
mount Publix,  which,  with  claims  of 
(Continued  on  page  4) 


Schlaifer  Given  16 
Exchanges,  Gold  11 

Split-up  of  the  U.A.  sales  territory 
by  Al  Lichtman  gives  L.  J.  Schlaifer 
16  exchanges  under  his  supervision 
and  Harry  Gold,  11.  Schlaifer  will 
supervise  Chicago,  Cincinnati,  Cleve- 
land, Detroit,  Indianapolis,  Milwau 
(Continued  on  page  4) 


Heil,  Du  Pont! 

Hollywood,  Nov.  15.  —  A 
Hollywood  character  known 
for  keeping  rubber  checks  in 
circulation  is  demonstrating 
new  showmanship  tactics.  He 
now  mails  his  checks  wrapped 
in  cellophane.  He  declares 
they  bounce  less  and  keep 
longer. 


Allied  Asks  for  'Big  Man ' 
To  Make  Code  Settlement 


Washingtoic,  Nov.  15|. — Allied 
has  a  new  proposal  for  settlement  of 
the  code  problem.  It  is  that  "a  really 
big  man,  with  the  prestige  of  a  na- 
tional figure"  confer  with  various  fac- 
tions and  then  write  the  code  himself 
"with  such  other  provisions  as  the  va- 
rious  factions  could  agree  to." 

"A  committee  could  then  be  created 
(executive,  administrative  or  Con- 
gressional) to  inquire  into  and  report 
on  the  many  issues  as  to  which  the 
parties  are  unable  to  agree,"  the  Al- 
lied bulletin  continues.  "We  include 
this  suggestion  not  only  in  the  inter- 
est of  the  independent  exhibitors,  but 
also  in  order  that  the  many  public 
and  private  agencies  and  organizations 
interested  in  block-booking,  etc.,  may 
have  the  benefit  of  such  thorough  and 
impartial  inquiries  and  findings." 

No  estimate  is  given  as  to  how  long 

(Continued  on   page  4) 

Myers  Cool  to  Plan 
That  Allied  Produce 

Washington,  Nov.  15. — Although 
Allied  of  New  Jersey  at  a  meet- 
ing Tuesday  wired  a  recommendation 
to  Abram  F.  Myers  that  the  national 
organization  enter  production  and 
distribution,  the  proposal  found  no 
echoing  voice  here  when  Myers 
today  hinted  he  would  pay  no 
attention  to  it.  The  recommendatio'^ 
has  not  reached  the  general  counsel 
vet,   it   is   understood. 


Morros  Loses  Out; 
"Soup"  for  Rivoli 

Boris  Morros  yesterday  was  van- 
ouished  in  his  fight  for  "Duck  Soup" 
for  the  Paramount.  After  putting  up 
a  fight  for  the  picture  which  was 
designated  as  one  of  the  three  Para- 
mount films  for  the  Rivoli  when 
II'Mted  Artists  took  over  the  house 
Morros  lost  out  when  U.A.  yesterday 
^ated  the  picture  to  start  Nov.  22  at 
the  Rivoli.  It  follows  "Blood  Money." 
which  opened  yesterday. 


Cleveland  Back  to 
One  Indie  1st  Run 

Cleveland,  Nov.  15. — ^With  the 
oassing  of  the  Hippodrome,  largest 
theatre  in  the  city,  to  Warners,  Cleve- 
land again  has  only  one  downtown 
independent  first  run,  the  Allen. 

The  Hippodrome  was  built  before 
the  days  of  producer  owned  houses 
and  was  operated  as  an  independent 
until  it  was  taken  over  by  the  B.  F. 
Keith  interests.  It  was  the  de  luxe 
(Continued  on  page  8) 


He'll  Find  Out 

Hollywood,  Nov.  15. — In- 
spired by  General  Harbord's 
recent  radio  address  wherein 
he  declared  television  was 
just  around  the  corner,  a  cer- 
tain producer  here  is  busy 
getting  facts  and  plans  for 
installing  a  midget  television 
system  in  his  office  so  he  can 
tune  in  on  any  set  at  any 
time  to  see  and  hear  what  is 
going  on.     Is  that  so  wise? 


Federal  Probe 
Indicated  for 
K.C.  Violence 


Kansas  City,  Nov.  15. — Federal 
officials  here  have  indicated  that  a 
government  investigation  of  Kansas 
City  "labor  wars,"  including  alleged 
racketeering  by  operators,  will  be 
made,  possibly  by  the  Senatorial  com- 
mittee currently  investigating  racke- 
teering in  other  cities.  Already,  a 
Federal  probe  of  the  income  tax  angle 
of  rackets  is  under  way  here. 

A  government  inquiry  into  the  oper- 
ations of  an  "operator  racket"  was 
demanded  by  the  Jackson  County 
Grand  Jury,  which  found  local  law 
enforcement  agencies  tolerant  of  con- 
ditions and  the  jury  helpless  in  the 
(Continued  on  page  4) 


Argentine  Sets  Up 
Fund  Release  Plan 

A  plan  for  releasing  blocked  credit 
balances  in  Argentina  amounting  to 
about  $35,000,000  has  been  ofTered  by 
the  Argentine  government  and  ac- 
cepted by  approximately  100  Ameri- 
can concerns,  among  them  several 
large  film  distributors.  No  estimate  of 
what  percentage  of  the  $35,000,000 
balance    represented    film    companies' 

(Continued  oh    page  4) 


Goldstein  Becomes 
Majestic  Official 

E.    H.    Goldstein    yesterday    joined 
Majestic    as    executive    vice-president. 
The    company    is    boosting    negative 
(Continued  on   page  4) 


State  Nazism 
Puts  Germany 
Out  of  Reels 


"U"  Uses  None— Others 
Oppose  Propaganda 


Hitlerite  propaganda  and  stringent 
censorship  of  news  emanating  from 
Germany  are  operating  to  remove  that 
country  as  a  news  subject  from 
American  newsreels  and  screens,  edi- 
tors of  reels  declared  yesterday. 

While  all  reels  stressed  the  point 
that  no  "censorship"  of  German  news 
clips  was  in  operation  here,  it  was 
disclosed  that  three  reels  have  used 
no  footage  of  German  origin  for  the 
past  three  to  six  months,  while  the 
remaining  two  have  used  only  three 
or  four  clips  in  the  same  length  of 
time.  The  editors  of  the  reels  said  that 
this  situation  resulted  not  from  any 
policy  to  eliminate  Germany  from 
American   newsreels,   but   solely  from 

(Continued   on  page   8) 


Delay  Hearing  on 
Loew's  Stock  Sale 

A  hearing  on  a  petition  of  the 
Chemical  Bank  &  Trust  Co.  to  sell 
660,900  shares  of  Loew's,  Inc.,  held 
as  collateral  for  a  $20,000,000  bond 
issue  which  has  been  in  default  since 
April  1,  which  was  scheduled  for  a 
hearing  before  Federal  Judge  John 
C.  Knox  in  U.  S.  District  Court  here 
yesterday,  was  postponed  until  today. 

(Continued  on   page  4) 


Report  Code  Long 
In  Roosevelt  Hands 

Washington,  Nov.  15. — Authori- 
tative reports  here  have  it  that  a 
copy  of  the  code  has  been  in  the  hands 
of  and  under  the  consideration  of  the 
President  for  about  two  weeks,  al- 
though the  document  is  still  officially 
in  the  hands  of  the  Recovery  Admin- 
istration. This  bears  out  the  intima- 
(Continued  on   page  6) 


Four  to  Go 

Hollywood,  Nov.  15. — After 
watching  Flo  Desmond  do  her 
impersonations  of  Mae  West, 
Lupe  Velez  and  Katherine 
Hepburn  at  the  local  Pan- 
tages,  a  local  wag  expressed  a 
desire  to  date  La  Desmond 
up  for  three  different  nights. 


MOTION  PICTURE 

DAILY 


Thursday,  November   16,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  OflBce 


Vol.   -M 


November    16,    193j 


No.    116 


Martin  Quigley 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 

^^m\  PUBLISHED  daily,  except  Sunday 
f^  j|  J  and  holidays,  by  Motion  Picture 
X«l^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edtoin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour     des-Noues. 

Entered  as  second  class  mat- 
ter    January     4,     1926,     at     the     ^  m  ▲ 
Post  Office  at   New   York  City,   \P^  ■*  A, 
N.   Y.,  under  Act  of  March  3, 
1879. 

Subscription    rates   per   year: 
$6     in     the     Americas,     except      _ 
Canada;    Canada    and    foreign:     wt«o «,..».. 
$15.     Single    copies:     10    cents. 


Levy  Meets  ITOA  Men 

Jules  Levy,  general  sales  manager 
of  Radio,  today  meets  with  the  exec- 
utive committee  of  the  ITOA  for  the 
second  time  this  week  to  discuss  per- 
centages and  preferred  playing  time 
demands.  Earlier  this  week  Levy  met 
with  the  group  and  a  second  meeting 
was  arranged. 


Para.  Men  Set  to  Leave 

Paramount  home  office  and  eastern 
sales  executives  leave  tomorrow  for 
White  Sulphur  Springs,  W.  Va.,  for 
the  three-day  meeting  which  starts 
Saturday.  George  J.  Schaefer,  J.  J. 
Unger,  Stanley  Waite,  Neil  Agnew 
and  Milton  Kusell  comprise  the  partv 
leaving    New   York. 


Tashman,  Grant  Speak 

Lilyan  Tashman  and  Gary  Grant 
will  be  the  guest  speakers  at  the  A. 
M.  P.  A.  luncheon  today  at  Sardi's. 
Al  Wilkie  will  do  the  honors.  Vin- 
cent Trotta's  book,  "Screen  Personali- 
ties," will  be  auctioned  for  the  benefit 
of  the   Film  Daily   relief  fund. 


M'G'M  Pep  Club  Meets 

The  New  York  M-G-M  exchange 
pep  club  yesterday  held  its  monthly 
meeting  and  decided  to  hold  a  party 
around  Christmas.  Time  and  place 
unsettled.  Herman  Ripps  is  presi- 
dent. 


Staab  Services  Held 

Milwaukee,  Nov.  15. — Funeral 
services  were  held  here  yesterday  for 
Henry  A.  Staab,  58.  former  executive 
secretary  of  the  M.  P.  T.  O.  of  Wis- 
consin. 


BUSINESS        OPPORTUNITIES 

EXECUTIVE  with  long  record  of  successful 
accomplishments  in  clearing  up  bad  and  losing 
situations;  willing  to  undertake  to  clear  your 
worst  problem,  without  pay.  until  successful 
culmination  of  matter,  fully  approved  by  your 
board,  when  compensation  to  be  paid  on  a  per- 
centage basis  or  fixed -fee  basis.  Address 
NATHAN     SCHWARTZ 

123    West    40th    St.  New   York 

Suite    2007  N.    Y. 


TimiMim 


IF  "The  Prizefighter 
and  the  Lady"  proves  anything  at 
all,  it  is  our  idea  that  it  demon- 
strates the  futility  of  trying  to  make 
rules  hold  in  this  business. 

\\'alking  out  of  the  squared  ring, 
Max  Baer,  the  pug,  in  one  picture 
becomes  Max  Baer,  new  marquee 
name.  It  doesn't  seem  to  make 
sense,  but  there  it  is. 

Baer  is  young,  pliysically  a  kind 
of  Greek  god,  boyish,  and  as  much 
at  ease  before  the  cameras  as  any 
well-seasoned  Hollywood  trouper  is 
or  could  hope  to  be.  His  voice 
records  pleasantly,  he  can  sing 
enough  to  get  himself  by  and  ap- 
parently can  toss  ofY  a  dance  step 
or  two  as  well.  Full  face,  he  is  not 
too  hot.  In  profile,  he  clicks. 
Therefore,  M-G-M,  no  doubt,  will 
stick  to  the  profiles. 


T, 


HE  picture  itself  is 
a  telling  instance  of  the  oldest  kind 
of  story  hash,  re-cooked  with  in- 
telligence sufficient  to  make  regis- 
ter with  a  bang  an  asthmatic  yarn 
of  the  fighter  who  flashes  to  the 
top,  gets  a  swelled  head,  wins  the 
girl  in  whirlwind  romance,  then 
takes  a  near-beating  to  knock  some 
sense  into  his  head. 

It  reminds  of  the  memorable  line 
Mae  West  used  to  pull  in  her  solo 
vaudeville  days.  Mae  wore  a 
diaphanous  gown  that  shimmered 
and  clung  to  what  was  then  a  slim, 
arresting  figure  while  she  sang  a 
.song  called  "It  Isn't  What  You 
Do,  But  How  You  Do  It." 

Aside  from  undeniably  big  box- 
ofifice,  which  "The  Prizefighter  and 
the  Lady"  will  be,  the  picture  is 
strong  in  performances  by  a  gilt- 
edged  cast  including  Myrna  Loy, 
Otto   Kruger   and   Walter    Huston, 


with  Jack  Dempsey,  Primo  Car- 
nera  and  other  bigwigs  of  the  fight 
world  added  for  male  thrills. 

Miss  Loy,  gradually  weaned 
away  from  dancing  girls  and  vixen 
parts,  has  opportunity  to  act  here 
and  goes  to  it  as  we  have  never 
seen  her  do  before.  She  does  a  job 
that  might  be  described  as  im- 
mense without  painting  any  lilies 
about  the  matter. 

▼     T 

r  ROM  London.  In- 
teresting, but  hardly  startling  is 
the  opinion  voiced  by  S.  R.  Kent 
that  cuts  in  star  salaries  are  doubt- 
ful.   A  quote : 

"There  are  not  enough  big  peo- 
ple to  go  round.  I  can  get  plenty 
of  cheap  people,  but  the  people 
who  can  do  things  have  to  be 
made.  The  worst  of  the  big  sal- 
aries is  the  atmosphere  created 
by  the  people  thinking  the  stars 
are  overpaid.  There  is  only  a 
handful  of  good  people." 

Kent  seems  to  think,  it  appears, 
there  is  only  a  handful  of  big  people 
and,  of  course,  he  is  correct.  Sal- 
aries, no  matter  how  sky-high  they 
may  go,  will  continue  to  go  to  those 
who  prove  by  the  box-office  they 
are  entitled  to  them. 


T, 


HAT'S  show  busi- 
ness, atways  has  been  show  business 
and  forever  more  will  be  show 
business.  The  truth  of  the  situation 
is  really  very  simple: 

The  business  depends  on  getting 
by  on  big  names.  Producers,  from 
time  to  time  and  for  reasons  sub- 
stantial enough,  principally  the  fact 
they  didn't  have  any  themselves, 
have  tried  to  break  away  from 
stars.    The  record  shows  they  hot- 

{Contiyxned   oh    paqe    7) 


Most  Issues  Remain  Steady 

High  Low  Close 

Columbia    Pictures,   vtc 22  22  22 

Consolidated  Film  Industries i'A  3  i% 

Consolidated     Film    Industries,    pfd .' 10  9^  10 

Eastman  Kodak  72  685^  69 

Fox    Film    "A" 14  14  14 

l.oew's,    Inc. 29ys  28^  28f^ 

Paramount    Publix    IM  ^H  15^ 

Pathe  Exchange  U4  VA  15^ 

Pathe    Exchange    "A" 9^  m  9K 

KKO   2V,.  m  2ys 

Warner    Bros (>H  6"^  6'A 

Trading  Light  on  Curb 

High  Low  Close 

Sentry    Safely    Control 'A  'A  'A 

Technicolor  11!^  115^  11^ 

Trans    Lux    2  154  2 

All  Bond  Issues  Show  Loss 

High  Low  Close 

General    Theatre    Equipment    6s    '40 3%  3^  3yg 

Keith   B.    F.  6s   '46 47  ASH  45?^ 

Loew's   6s    '41.    ww   deb    rights SO'A  79?4  7954 

Paramount    Broadway    S'Aa    '51 29  29  29 

Paramount     F.    L.    6s    '47 26^  26%  26% 

Paramount    Publix  5!4s   'SO 2554  24i/2  24V^ 

Warner    Bros.    6s    '39,    wd 39  37^  37^ 


Net 

Change 

SeJcs 

-  'A 

200 

300 

+  A 

300 

-4/2 

i.9o;) 

-  5/8 

100 

'      900 

—  Vs 

300 

+  'A 

5,500 

+  A 

5,500 

-  % 

100 

-  54 

3,500 

Net 

Change 

Sales 

-f  1/16 

200 

-f-  Vs 

100 

+  A 

200 

Net 

Change 

Sales 

-Vs 

2 

10 

-  54 

10 

—1 

3 

-M 

1 

-VA 

4 

-VA 

22 

i  Purely 

Personal  ► 


VERA  BLUM'BERG  is  in  Chicago 
and  returns  about  Thanksgiving 
Day  with  Lewis  and  Dodo,  the  family 
offspring.  Permanent  headquarters 
for  the  Blumbergs,  including  Nate, 
will  be  New  York. 

"Bud"  Pollard  completed  "Play 
Day  for  Plasterers"  yesterday,  his 
first  industrial  picture,  at  the  new 
Grantwood  plant,  for  General  Busi- 
ness  Films,    Inc. 

Hal  LeRoy  leaves  for  the  coast  at 
the  end  of  the  week  to  appear  in 
"Harold  Teen"  for  Warners.  He  has 
just  finished  "Private  Lessons,"  a 
Vitaphone   short. 

MoE  Streimes,  local  U.  A.  ex- 
change manager,  is  now  in  Utica 
and  from  there  goes  to  Albany  and 
Gloversville. 

Etta  Klein  ran  into  a  bus  accident 
in  London  a  couple  of  weeks  ago,  but 
injuries  are  reported  not  to  be  serious, 
although  painful. 

Peter  Freuchen  will  be  the  gue.st* 
of  the  Catholic  Actors'  Guild  Sunday  jj 
evening  in  their  annual  open  meeting,' 
at  the   Ambassador.  | 

Bob   Wolff,   manager   of   the   local' 
RKO   Radio  exchange,  is  back  at  his 
desk  after  being  away  with  a  sprained 
ligament. 

Pat  Patterson,  English  actress  re- 
cently signed  by  Fox,  who  arrived 
here  Tuesday,  will  leave  Saturday 
for   Hollywood. 

Al  Mendelson,  New  Jersey  Fox 
exchange  booker,  has  a  new  addition 
to  his  family,  making  it  two  girls  all 
told. 

Douglas  Montgomery  arrived  in 
New  York  from  Hollywood  yester- 
day  morning  by   plane. 

Charlie  McCarthy  is  battling  a 
slight  cold.  Gordon  White  just  over 
one  and  still  wobbly. 

TuiLio  Carminatti  returns  to  the 
Main  Stem  from  Hollywood  soon.  He 
has  a  play  somewhere  in  the  offing. 

Bert  Lahr  will  be  starred  in 
"Henry  the  Ache,"  a  two-reel  short 
to  be  made  by  Magna  Pictures. 

Lou  Goldberg,  head  of  Columbia's 
exploitation  department,  leaves  today 
for  Washington. 

Al  Lackay  has  left  New  "S'ork  to 
join  Sophie  Tucker  (Mrs.  Lackay)  ^ 
in   Hollywood.  ' 

Dave  Rubinoff  alights  from  the 
Hollywood-to-New  York  train  today. 

Miriam  Hopkins  is  expected  in 
from  the  coast  shortly. 

Claude  Rains  has  arrived  in  New 
York  for  a  vacation  from  Hollywood. 


THERE  IS  NOTHING  BIGGER  THAN 


iMhifliJWffii  HwaaaMM 


Tuesday  at  the  $2  Astor  Theatre,  N.Y, 

"Trader  Horn"  yielded  its  laurels  to  an  even 

greater  Metro-Goldwyn-Mayer  attraction 


A  W.  S.  VAN  DYKE  PRODUCTION 


MOTION  PICTURE 

DAILY 


Thursday,   November    16,    1933 


Detroit  Men 
Widen  Fight 
Over  Booking 


(Continued  from    page    1) 

buchanan  and  Dunbar,  tor  the  latter 
house  against  Mid-States. 

1  he  combine  will  be  attacked  Irum 
a  new  angle  in  this  suit.  Inasmuch  as 
contracts  already  have  been  made  by 
competitive  houses,  the  suit  seeks  to 
enjom  the  various  film  exchanges  here 
trom  servicing  the  Castle  and  Ar- 
cade. It  is  alleged  that  the  Castle 
and  Arcade  have  bought  all  product 
except  M-G-AI. 

Xow  included  in  the  Mid-States 
suit  by  Kane  and  Ruttenberg,  accord- 
ing to  Rosen,  are  Lou  Wisper,  Fred 
UeLodder,  Gus  Funk,  Tom  Lancaster, 
Steve  Springett  and  Frank  A.  Wets- 
man,  from  whom  damages  are  sought. 


Elimination,  restriction  or  sanction 
of  exhibitor  booking  combines  was 
an  issue  w^hich  the  proposed  industry 
code  was  expected  to  settle,  but  has 
not  so  far,  at  least.  No  mention  of 
buying  combines  appeared  in  any  of 
the  three   NRA  drafts. 

Trade  practices  not  specifically  cur- 
tailed in  the  code  obviously  fall  out- 
side of  its  jurisdiction.  Booking  com- 
bines are  not  alone  in  this  exception. 
Poster  exchanges,  which  distributors 
in  their  original  code  wanted  to  rule 
out,  escape  code  control  because  the 
objections  first  raised  were  voluntarily 
withdrawn  by  distributors  on  the  floor 
of  the  public  hearings  in  Washington 
weeks  ago. 


Detroit  Exhibitors 
Lining  Up  New  Unit 

Detroit,  Nov.  15. — Convinced  that 
.Allied  of  Michigan  does  not  intend  to 
alter  its  views  concerning  Mid-States 
Theatres  and  that  the  local  situation 
will  remain  as  is  as  far  as  they  are 
concerned,  exhibitors  who  protested  to 
the  board  of  directors  last  week  and 
who  have  been  contemplating  forma- 
tion of  a  new  exhibitor  organization 
here,  this  week  said  they  would  press 
plans  for  completing  the  new  body  in 
the  near  future. 

A  meeting  will  be  called  next  week, 
it  was  said,  at  which  time  the  new 
organization  will  be  perfected  and 
officers  elected.  The  body  also  will 
then  determine  the  campaign  it  is  to 
carry  on. 

Charles  Komer  was  elected  tempo- 
rary chairman  of  the  new  body  at  its 
last  meeting,  held  about  three  weeks 
ago. 


Allied  Asks  for  'Big  Man ' 
To  Make  Code  Settlement 


(Continued  from   page    1) 

this  would  take,  but  the  bulletin  says : 
"The  industry  undoubtedly  is  suffer- 
ing in  all  its  branches  from  the  un- 
certainty resulting  from  the  protracted 
code   proceedings." 

In  the  same  bulletin  it  is  claimed 
that  an  exchange  manager  is  con- 
sulting exhibitors  not  members  of  Al- 
lied regarding  the  makeup  of  local 
zoning   and   grievance   boards. 

"Information  has  reached  Allied 
headquarters,"  the  bulletin  continues, 
"of  'unofficial'  offers  of  appointment 
to  the  boards  having  been  made  by 
groups  affiliated  or  cooperating  close- 
ly with  the  producers." 


Schlaifer  Given  16 
Exchanges,  Gold  11 

(Continued   from    pane    1  ) 

kee,  St.  Louis,  Kansas  City,  Omaha, 
Denver,  Minneapolis,  Los  Angeles, 
San  Francisco,  Seattle,  Salt  Lake 
City  and  Canada.  Gold  will  handle 
New  York,  Boston,  New  Haven,  Buf- 
falo. Philadelphia,  Pittsburgh.  Wash- 
ington, Atlanta,  Charlotte,  New  Or- 
leans and  Dallas. 


Kuykendall  Asked  to 
Address  N.  J.  Allied 

Newton,  N.  J.,  Nov.  IS. — Sidney 
Samuelson  today  sent  an  invitation  to 
Ed  Kuykendall  to  attend  a  meeting 
of  New  Jersey  Allied  and  explain  the 
MPTOA  stand  on  the  code.  The  in- 
vitation includes  any  MPTOA  mem- 
bers Kuykendall  cares  to  bring  along. 

Samuelson's  letter  follows :  "This 
morning's  trade  papers  print  a  state- 
ment attributed  to  you  from  which  the 
following  is  quoted  : 

"  T  cannot  believe  the  procedure  of 
these  three  or  four  self-styled  leaders 
really  represents  the  sentiment  of  any 
appreciable  number  of  the  member- 
ship of  Allied  States.' 

"I  believe  that  you  should  be  given 
an  opportunity  to  prove  your  asser- 
tion. Therefore,  I  extend  to  you  a 
cordial  invitation  to  attend  a  meeting 
of  the  Allied  Theatre  Owners  of 
New  Jersey,  at  which  time  you  will 
be  accorded  every  opportunity  to  pre- 
sent to  the  independent  exhibitors  of 
.\'ew  Jersey  your  arguments  in  favor 
of  the  proposed  code. 

"This  meeting  can  be  arranged  at 
a  time  convenient  to  you  in  New  York 
^  ity,  or  in  any  city  in  the  state  of 
New  Jersey.  If  you  desire  that  yo 
be  accompanied  by  any  members  of 
the  MPTOA,  all  of  these  persons  will 
be  given  every  courtesy  as  guests  of 
Xew  Jersey  Allied. 

"Let  me  assure  you  that  this  invi- 
tation is  extended  to  you  and  such 
others  as  you  care  to  bring  along  in 
a  sincere  effort  to  clear  tlie  atmos- 
phere once  and  for  all  on  the  question 
of  the  motion  picture  code. 

"Your  prompt  acceptance  designat- 
ing the  time  agreeable  to  you  and 
also  indicating  your  choice  of  a  city 
in  which  the  meeting  is  to  be  held 
vviii  be  greatly  appreciated." 


Kuykendall  said  yesterday  that  he 
had  not  received  the  invitation  as  yet, 
and  preferred  not  to  make  any  com- 
ment until  he  had  read  it. 


Report  Matinee  Pickup 

Matinee  business  around  the  coun- 
try is  reported  picking  up,  according 
to  representatives  of  the  various  home 
offices. 


Nathanson  Visiting 

N.  L.  Nathanson,  president  of  Fa- 
mous Players  Canadian  Corp.,  is  in 
New  York  conferring  with  Paramount 
officials  on  a  number  of  matters  re- 
ported concerning  the  big  Canadian 
circuit. 

Death  Won't  Affect  Pact 

Washington,  Nov.  15.— The  death 
of  Hldward  N.  Hurley,  former  head 
of  the  U.  S.  Shipping  Board,  will  have 
no  effect  on  the  code,  it  was  learned 
here  today. 


Night  and  Day 

New  slant  in  politics  is  in 
the  offing  when  Ralph  Budd, 
personnel  manager  of  War- 
ners, takes  over  the  mayor- 
alty of  Wyckoff,  N.  J.,  on 
Jan.  1. 

Budd  will  continue  his  post 
at  Warners  during  the  day 
and  when  he  gets  home  at 
night  he  will  take  up  his  du- 
ties as  mayor. 

His  night  job  will  net  him 
approximately  $350  a  year. 


Publix    Enterprises 
Plan  Up  in  2  Weeks 

(Continued  from  page  1) 
approximately  $6,000,000  against  Pub- 
lix luiterprises,  is  the  largest  creditor 
of  the  latter  company.  Famous 
Theatres'  stock  would  be  issued  to 
Paramount  Publix  to  satisfy  its  claims 
against  Publix  Enterprises. 

Famous  Theatres  Corp.  was  orga- 
nized in  Delaware  late  in  August,  as 
reported  in  Motion  Picture  Daily 
of  Sept.  1,  as  the  basis  of  the  Publix 
Enterprises  reorganization  plan.  Y. 
F.  Freeman,  W.  B.  Cokell  and  M.  F. 
Gowthorpe,  all  Paramount  Publix 
executives,  were  the  incorporators. 


New  Plans  Up  Soon 
On  Criterion  Block 

New  plans  involving  either  the  re- 
tention or  disposal  of  the  Broadway 
theatre  block  from  44th  to  45th  streets 
are  under  consideration  by  the  Para- 
mount Publix  trustees  and  when  com- 
plete will  be  submitted  to  Referee 
.  lenry  K.  Davis  for  approval.  A 
three  months'  extension  of  matured 
interest  payments  on  the  property 
expired  yesterday. 

The  block,  which  includes  the  Cri- 
terion and  Loew's  New  York  proper- 
ties, is  held  by  Seneca  Holding  Corp., 
a  subsidiary  of  Paramount  Publix,  and 
was  offered  for  sale  by  the  Paramount 
I'uhlix  trustees  last  summer.  When 
no  bids  were  received,  the  trustees 
were  authorized  by  Referee  Davis  to 
make  a  $90,000  payment  to  obtain  an 
extension  of  the  interest  maturity  to 
Nov.  IS.  The  trustees'  petition  stated 
at  the  time  that  it  was  their  hope  that 
ini])roved  trade  conditions  might  create 
a  better  market  for  tlie  property  in  the 
interim. 


Argentine  Sets  Up 
Fund  Release  Plan 

(Continued  from  page   1) 
blocked    credits    in    Argentina    could 
be    obtained    yesterday. 

The  plan  provides  for  issuance  of 
15-year,  interest  bearing  Argentine 
treasury  bills,  payable  in  U.  S.  cur- 
rency. 


Federal  Probe 
Indicated  for 
K.C.  Violence 


(Continued  from    pafie    1) 

face  of  intimidation  of  Grand  Jury 
witnesses.  The  jury's  report  said  the 
public  had  little  confidence  in  the 
police  to  give  protection  against  crimi- 
nals who  might  retaliate  against  those 
giving  information  to  the  Grand  Jury. 

Union  in  K.  C.  Charges 
Move  to  "Embarrass"  It 

Kansas  City,  Nov.  15. — Officials 
of  Local  170,  I.A.T.S.E.,  charge 
suburban  theatre  owners  with  attempts 
to  embarrass  them  in  impending  con- 
tract negotiations  as  their  explanation 
of  why  the  Grand  Jury  investigation 
of  the  union  was  undertaken.  The 
union's  view  is  the  exhibitors  inspired 
the  probe  with  the  purpose  of  obtain- 
ing sympathy  of  the  public  in  event  of 
recurrence  of  trouble  which  has 
marked  previous  wage  negotiations. 

The  operators'  union  and  the  Inde- 
pendent Theatre  Owners  were  to 
begin  their  confabs  on  a  new  contract 
this  week,  the  current  agreement  ex- 
piring Nov.  30.  If  the  union's  conten- 
tion is  correct,  then  the  Grand  Jury 
sessions  came  at  an  opportune  time 
for  the  exhibitors,  as  the  investigation, 
according  to  the  jury's  report,  dis- 
closed an  organized  racket. 

The  Grand  Jury's  report  that  Local 
170's  charter  had  been  suspended  is 
denied  by  H.  H.  Dunavan,  president. 
He  said  the  I.A.T.S.E.  headquarters 
had  assumed  jurisdiction  of  the  local, 
following  the  operators'  "war"  of  two 
years  ago,  and  several  months  ago 
appointed  a  new  slate  of  officers  who 
hold  office  at  the  pleasure  of  the 
I.A.T.S.E.  international.  The  regular 
procedure  of  elective  officers  has  been 
revoked  and  the  local  is  operating 
under  probation,  Dunavan  said. 


Delay  Hearing  on 
Loew's  Stock  Sale 

(Continued  from    page    1^ 

If  approved  by  the  court,  the  sale 
will  be  held  Nov.  27,  with  the  bidders 
believed  to  be  confined  to  the  present 
holders  of  the  defaulted  bonds.  Chase 
National  Bank  is  the  principal  bond- 
holder. 

Accompanying  the  Chemical  Bank's 
petition  is  another  from  John  R.  Hazel 
and  Thomas  Nelson  Perkins,  trustees 
of  Film  Securities  Corp.,  asking  that 
the  affairs  of  the  latter  concern  be 
wound  up  and  that  their  trusteeship 
be   discharged. 


Lewis  Milestone  Sails 

Paris,  Nov.  IS.— Lewis  Milestone 
today  sailed  for  New  York  and  the 
Columbia  home  office. 


Goldstein  Becomes 
Majestic  Official 

(Continued  from    pane    1) 

costs  on  all  pictures,  shooting  for  "A" 
playing  time. 

Eor  years  Goldstein  was  general 
manager  of  Universal  and  then  en- 
tered   independent    production   on    his 


Chicago,  Nov.  15. — Percy  Barr. 
manager  of  the  new  Majestic  ex- 
change here,  will  hold  open  house  on 
Nov.  21. 


TODAY  NEW  YORK  WILL  ECHO 


^HUNi)EROUS  APPLAUSE  FOR 


A  PICTURE  THAT  WILL  LIVE  ON 
£QREVER...IN  GLORY  UNDIMMED 


#       • 


!?.  World  Premiere 
Sily  Music  Hall 


KO 


MS/ 


V>*' 


JOAN  BENNETT 
PAUL  LUKAS 
_  FRANCES  DEE 
^  JEAN  PARKER 
Edna  May  Oliver 
Douglass  Montgomery 
Henry  Stephenson 

MERIAN  C.  COOPER.  Producer 
Eenneth  Macgowan,  Associate 
GEORGE    CUKOR,    Director 


MOTION  PICTURE 

DAILY 


Thursday,   November    16,    1933 


Quiz  Byrnes  on  Deal 
With  Projector  Co. 


Washington,  Nov.  15. — Called  be- 
fore the  senatorial  committee  investi- 
gating Wall  Street  operations  today, 
S.  M.  Bj-rnes,  president  of  the  Inter- 
national Projector  Corp.  who  headed 
the  Nicholas  Power  Co.  at  the  time  of 
its  sale  to  the  former,  proved  prac- 
tically vakieless  as  a  witness,  asserting 
inability  to  recollect  any  of  the  details 
of  the  transaction. 

Asked  by  Ferdinand  Pecora,  counsel 
for  the  committee,  if  he  could  remem- 
ber the  names  of  the  present  directors 
of  the  projector  company,  Byrnes  said 
he  could,  but  could  name  only  three 
of  the  four  who  W'ith  himself  con- 
stitute the  directorate. 

Byrnes,  however,  assured  the  com- 
mittee that  he  had  not  entered  into  the 
negotiations  for  the  sale  of  the  power 
company,  which  he  said  were  con- 
ducted by  Harley  Garke,  apparently 
acting  for  others. 

Byrnes  will  be  further  interrogated 
tomorrow  and  will  be  followed  on  the 
stand  by  Qarke. 


"Bowery"  Heads  List 

Seven  features  qualified  for  listing 
among  Motion  Picture  Herald's  "Box- 
Office  Champions"  during  October. 
They  are:  "The  Bowery,"  20th  Cen- 
tury; "I'm  No  Angel,"  Paramount; 
"Too  Much  Harmony,"  Paramount; 
"Dinner  at  Eight,"  M-G-M ;  "Night 
Flight,"  M-G-M ;  "Lady  for  a  Day," 
Columbia,  and  "The  Power  and  the 
Glory,"  Fox. 


Four  Warnerites  III 

Warnerites  in  the  sick  bay  include 
Jess  Gourlay,  assistant  art  director, 
who  is  laid  up  with  ulcer  trouble ; 
Anthony  Gablic,  art  director,  with  an 
infected  ear ;  Bess  Baskin,  recovering 
at  home  after  an  appendicitis  opera- 
tion at  the  Jewish  Hospital,  Brook- 
lyn; Jean  Smith,  with  an  attack  of 
appendicitis. 


Loew's  Books  "Parade" 

Loew''s  has  booked  "Footlight  Pa- 
rade" for  the  Metropolitan  circuit, 
starting  Nov.  24.  It  will  run  an  extra 
week  at  the  State,  Valencia  and  Para- 
dise because  of  Thanksgiving,  under 
the   terms   of   the   deal. 


Scott,  Grant,  James  In 

Randolph  Scott  arrives  from  Holly- 
wood Friday  to  join  Cary  Grant  on 
his  trip  to  England.  They  plan  to  be 
away  three  weeks.  Will  James,  author 
of  "Lone  Cowboy,"  Paramount  release, 
gets  in  today  from  the  Coast. 


Publix  Hearing  Off 

A  hearing  on  a  future  rent  claim 
filed  against  Publix  Enterprises  by 
Sunrise  Realty  Corp.,  and  scheduled 
for  yesterday  before  Referee  Henry 
K.  Davis,  was  postponed  to  Nov.  22. 

Vitaphone  Open  5  Years 

Vitaphone  studio  in  Brooklyn  next 
month  will  celebrate  its  fifth  anni- 
versary under  Warner  operation.  Sam 
.Sax  and  his  co-workers  plan  a  party 
at  the  studio  to  celebrate. 


Yates'  Trip  "Routine" 

HoLi.vwooD,  Nov.  15. — Herbert  J. 
Yates'  visit  is  described  as  "routine" 
and  a  periodic  visit  concerning  Con- 
solidated  Film   Industries. 


Looking  ^Em  Over 


"From  Headquarters'' 

(  /( 'anicrs] 

Practically  all  of  the  action  takes  place  in  a  metropolitan  police  head- 
quarters with  the  police  applying  \arying  forms  of  teclmique  to  solve 
the  mystery  of  the  murder  of  a  Broadway  playboy,  Kenneth  Thomson. 

It  moves  rapidly  and  seemed  to  hold  the  interest  of  a  Strand  audi- 
ence at  the  opening  show  last  night,  but  the  romantic  phases  of  the 
story  are  subordinated  to  the  police  technique.  The  only  love  element 
lies  in  the  fact  that  Margaret  Lindsay,  one  of  the  suspects,  is  a 
former  sweetheart  of  George  Brent,  a  police  lieutenant,  and  in  the 
unraveling  of  the  crime  he  tries  to  protect  her  and  her  brother,  Theo- 
dore Newton. 

Finger  printing,  sorting  of  cards  containing  records  of  past  of- 
fenders, laboratory  tests,  third  degrees,  general  alarms,  tricks  for 
getting  finger  prints — all  the  mechanics  of  modern  crime  detection 
are  shown.     It  all  seems  quite   real,  and  at  times   exciting. 

Dorothy  Burgess  gives  an  impressive  characterization  of  a  dope 
fiend  in  one  short  sequence.  It  was  directed  by  William  Dieterle  from 
a  story  by  Robert  N.  Lee.     Peter  Milne  helped  Lee  on  the  adaptation. 


**One  Year  Later" 

(Allied) 

Jealousy  on  the  part  of  Donald  Dilloway  almost  ruins  his  life  and 
Mary  Brian's,  but  through  the  graciousness  of  Russell  Hopton,  a  re- 
porter, the  marital  trebles  are  straightened  out.  Although  Dilloway's 
boss  has  been  trying  to  win  Miss  Brian  away  from  her  husband,  the 
heroine  remains  true  to  her  mate.  When  the  husband  returns  home 
and  finds  his  boss  paying  one  visit  too  many,  he  accidentally  kills 
him  and  is  sentenced  to  die  in  the  chair.  Enroute  to  the  death  house, 
Hopton  takes  an  interest  in  the  case  when  he  sees  Miss  Brian  on  the 
same  train. 

Hopton  is  ill  and  hasn't  long  to  live.  He  hits  DeWitt  Jennings,  who 
is  taking  Dilloway  to  the  pen,  on  the  head  and  exchanges  places  with 
the  hero.  He  then  jumps  ofif  the  train  as  it  crosses  a  bridge.  Those  on 
the  train  believe  it  is  the  convicted  man  who  has  killed  himself  and  that 
leaves  Miss  Brian  and  her  husband  to  start  all  over  again. 

It  is  a  thin  story  pulTed  with  incidental  happenings  which  have  no 
bearing  on  the  plot.  Miss  Brian  tries  hard  to  carry  the  picture,  but  the 
weak  yarn  is  too  much  of  a  handicap  to  hurdle.  Dilloway  and  Hopton 
work  hard  and  have  a  hard  time  trying  to  be  convincing.  E.  Mason 
Hopper  directed.  A  Loew's  New  York  audience  didn't  get  excited 
about  it. 


SHORTS 


'Mr.  Adam* 


{Educational) 
Ernest  Truex's  adventures  with  a 
wife  who  insists  on  curing  his  alleged 
ills  through  nudism  make  up  the 
yarn.  His  objections  don't  get  very 
far  until  the  law  rules  out  nudist 
colonies  and  saves  the  day.  In  be- 
tween, however,  the  situations  go  com- 
plicated and  result  in  some  laughs,  not 
too  many.  EfTorts  to  have  him  re- 
move his  clothes  find  the  comedian 
prepared  with  long  and  short  under- 
wear. His  wife  asks  him  the  idea 
and  he  replies  he  thought  he  might 
enter  the  colony  first  as  a  junior  mem- 
ber. It's  the  best  gag  and  laugh  in 
the  picture.  Running  time,  17  min- 
utes. 


"Song  of  Vienna" 

i  Edxicationai) 
This  is  a  10-minute  edited  version 
of  a  longer  German-made  film  .shown 
at  the  Vanderbilt  Theatre  some  months 
ago.  Produced  and  photographed  by 
Willy  Goklberger,  well-known  German 
cameraman,  and  scored  by  Robert 
Stolz,  who  wrote  the  music  for  "Two 
Hearts  in  Walt/.  Time,"  the  short  is 
an  interesting,  kaleidoscopic  camera 
journey  through  Vienna,  new  and  old. 
The  shots  are  well  done  in  point  of 
camera  angles,  but  the  print  screened 
yesterday  was  grainy. 


"Paramount  Pictorial" 

{Paramount) 
Moderately  entertaining,  with  much 
of  it  having  nothing  new  to  offer.  It 
opens  rather  routinely  with  a  study 
of  some  of  the  common  variety  of 
crabs.  Next  are  shots  of  New  York 
at  night.  This  part  of  the  film  is 
something  beautiful  to  look  at.  The 
closing  number  is  a  screen  interview 
with  Irvin  S.  Cobb,  who  proves  him- 
self passably  amusing.  Running  time, 
10  mins. 


"March  of  the  Years" 

(Columbia) 
A  picturization  of  historical  events 
with  most  of  the  footage  in  this  ap- 
plied to  Admiral  Perry's  negotiation 
with  Japan  of  the  first  trade  treaty 
with  that  country.  This  subject  is 
only  mildly  interesting  and  is  without 
distinguishing  novelty.  Running  time, 
H)    mins. 


"Beanstalk  Jack" 

(Educational) 
The  familiar  fairy  tale,  set  to  jazz 
music  and  cartrx^n  nonsense,  and  a  sat- 
isfying number.  The  outline  of  the  orig- 
inals followed  and  jazzed  only  for 
additional  amusement.  Running  time, 
()  minutes. 


Detroit  to  Tender 
Frudenfeld  Dinner 


Detroit,  Nov.  15. — Exchange  and 
theatre  managers  and  others  in  the 
industry  will  gather  at  the  Book- 
Cadillac  Friday  night  to  tender  a  fare- 
well banquet  to  Arthur  Frudenfeld, 
former  RKO  division  manager  here, 
who  leaves  on  Monday  for  New  York 
to  assume  new  duties  there. 

H.  M.  Richey,  general  manager  of 
Allied,  will  serve  as  toastmaster,  and 
other  sgeakers  will  include  David  M. 
Idzal,  managing  director  of  the  Fox ; 
Carl  Shalit,  Columbia;  M.  Gottlieb, 
Universal ;  Nat  Levy,  RKO,  and  J.  M. 
Flynn,  M-G-M. 


Report  Code  Long 
In  Roosevelt  Hands 

{Continued  -from   page    1) 

tion  of  several  weeks  ago  that  the 
code  would  go  immediately  to  the 
Chief  Executive  for  his  scrutiny. 

.A.dministrator  Hugh  S.  Johnson, 
although  back  from  his  western  trip, 
has  been  too  busy  since  his  return  to 
see  Deputy  Administrator  Sol.  A. 
Rosenblatt  regarding  the  code.  Today, 
therefore,  was  a  quiet  day  in  the  code 
sector. 


Sail  for  Australia 

San  Francisco,  Nov.  IS. — Arthur 
and  Mrs.  Loew,  Joe  Vogel  and  J.  J. 
and  Mrs.  McCurdy  sailed  today  for 
Australia.  The  Loew's  are  making  a 
world  tour  by  air  while  Vogel  will 
visit  Loew  theatres  in  Australia  and 
other  parts  of  the  world.  McCurdy 
recently  was  named  Columbia  repre- 
sentative in  Australia. 


Educ'l  Signs  Circuits 

Practically  all  of  the  important  cir- 
cuits in  the  country  have  signed  for 
Educational  shorts,  says  Educational. 
The  circuits  include  F.  W.  C, 
Skouras  Metropolitan,  RKO,  prac- 
tically all  the  Publi.x  partnerships, 
Comerford,   Shea,  and  others. 


Statewide  Case  Friday 

Milwaukee,  Nov.  15. — Hearing  of 
creditors  in  the  case  of  the  bankrupt 
State  wide  Theatre,  Inc.,  has 
been  continued  to  Nov.  17.  Originally 
scheduled  for  Nov.  9,  the  case  was 
postponed  until  the  later  date. 


Schnitzer  Leaves 

Joseph  I.  Schnitzer,  president  of 
Jefferson  Pictures,  is  en  route  to 
Hollywood.  He  will  return  to  New 
York  in  about  three  weeks. 

He  has  a  new  production  venture 
on  tap. 


Shearer,  Mahlin  in  Town 

Douglas  Shearer,  head  of  the 
M-G-M  sound  department  at  Culver 
City,  and  John  Lee  Mahlin,  a  writer 
on  the  same  lot,  are  in  town. 


Grainger  in  Field 

James  R.  Grainger  of  Universal  left 
for  a  f|uick  swing  through  the  Middle 
West  yesterday.  He  will  visit  Chi- 
cago, Cincinnati,  Pittsburgh  and 
Cleveland. 


Wittman  to  "Philly" 

Sig  Wittman  of  Universal  today 
leaves  for  Philadelphia  for  a  short 
sales  trip.  On  Sunday  he  treks  to 
Pittsburgh  and  then  back  to  New 
York. 


Thursday,    November    16,    1933 


MOTION  PICTURE 

DAILY 


(CdntiiiJtcd   from   pacje   2) 

footed  it  back.  Perhaps  not  because 
they  wanted  to,  but  because  they 
had  to. 

Today,  it  may  be  Hepburn,  Gay- 
nor,  Dietrich.  Tomorrow,  Baer  or 
what  have  you.  There  is  no  cer- 
tainty about  the  draws  of  the  future, 
but  there  is  plenty  of  certainty 
about  the  public's  demand  for  them. 


A 


MONG  other  com- 
ment aired  by  Kent  was  his  belief 
that  the  currently  big  job  in  pro- 
duction was  to  cut  down  dialogue. 
The  job  along  these  lines  has  been 
making  progress,  but  it  hasn't  been 
completed.  For  the  sake  of  illusion 
and  action  on  celluloid — twin  rea- 
sons why  pictures  clicked  in  the 
very  first  instance — producers  ought 
more  quickly  to  see  the  light.  For 
the  sake  of  their  foreign  markets, 
without  which  they  would  be  out 
of  business,  it  ought  to  be  done. 

Foreign  managers,  or  the  more 
sensible  among  them  at  least,  have 
been  yelling  this  for  months,  even 
years.'  K  A  N  N 


"Penthouse"  Leads 
Oklahoma,  $4,000 

Oklahoma  City,  Nov.  IS. — Last 
week  was  a  biR  one  for  Oklahoma 
City  theatres.  Every  first  run  in 
town  went  above  average.  The  reason 
for  this  was  undoubtedly  the  fact 
Oklahoma  City  sponsored  a  Harvest 
Festival  the  last  three  days  of  the 
week  which  brought  a  lot  of  people 
to  town. 

"Penthouse"  at  the  Capitol  was 
easily  the  big  noise,  pulling  down 
$4,000,  just  $1,000  more  than  average. 
The  Criterion  got  $5,500  on  "Night 
Flight,"  which  is  $500  above  normal. 
The  Liberty,  a  two-change-a-week 
house  held  "I  Loved  A  Woman"  over 
three  extra  days  and  took  $3,500, 
$500  above  par. 

Total  first  run  take  was  $13,700. 
Average    is    $11,700. 

Estimated  takings  for  the  week  end- 
ing Nov.  11  : 

"PENTHOUSE"    (M-G-M) 

CAPITOL— (1,200),       10c-20c-26c-36c-41c,    7 
days.    Gross:   $4,000.    (Averafie.   $3,000.) 
"NIGHT   FLIGHT"    (M-G-M) 

CRITERION— (1,700).  10c-2Oc-26c-36c-41c- 
56c,  7  days.  Gross:  $5,500.  (Average,  $5,- 
000.) 

"I   LOVED   A   WOMAN"    (F.   N.) 

LIBERTY— (1,500),  10c-15c-26c-36c,  7  days. 
Gross:   $3,500.    (Average.  $3,000.) 

"SOLITAIRE  MAN"  (M-G-M) 

VICTORIA— (800),  10c-15c-2()c-26c.  4  days. 
Gross:  $700.   (Average  week,  $1,200.) 


ii 


"Man's  Castle''  Held 
Up  by  Censor  Board 

Approval  of  "A  Man's  Castle"  is 
being  held  up  by  the  New  York  Board 
of  Censors  which  has  ordered  out  the 
scene  of  the  two  principal  players 
talking  in  bed  after  a  "fake"  marriage. 
Columbia  has  appealed  to  Erwin  Es- 
mond, director  of  the  censor  board, 
who  has  asked  his  staff  to  look  over 
the  picture  again  today. 

Booking  of  the  film,  tentatively 
slated  for  Dec.  8  at  the  Music  Hall, 
has  been  held  up  until  the  matter  is 
settled.  Columbia  is  trying  to  get 
the  picture  through  without  the  cut. 
Esmond  refuses  to  comment. 


Baron,"  Band 
Get  $44,000 
Chicago  High 


Chicago,  Nov.  15.— The  decline  in 
first  run  receipts  was  further  em- 
phasized as  the  World's  Fair  closed 
this  week.  B.  &  K.'s  Chicago  theatre 
managed  to  hold  up  to  $44,000  with 
"Meet  the  Baron"  on  the  screen  and 
Ben  Bernie  and  his  lads  on  the  stage. 
Takes  at  other  spots  suffered  per- 
ceptibly. 

"Broadway  Thru  a  Keyhole"  did 
$16,000  for  its  first  week  at  the  United 
Artists,  while  "I'm  No  Angel"  at  the 
Oriental  scored  $19,000  in  its  fifth 
week. 

RK(p's  Palace  was  down  to  $20,000 
with  "After  Tonight''  on  the  screen 
and  a   mixed   vaudeville  bill. 

Total  first  run  business  was  $115,- 
000.    Average  is  $120,000. 

Estimated  takings : 

Week  Endina  Nov.  7: 

"I'M  NO   ANGEL"    (Para.) 

ORIENTAL  —  (3,940),  3Oc-40c-6O.  Sth 
week.  7  days.  Gross:  $19,000.  (Average, 
$23,000.) 

"BROADWAY   THRU   A   KEYHOLE" 
(U.   A.) 

UNITED  ARTISTS-(1,700).  30c-40c-60c, 
7   days.    Gross:   $16,000.    (Average,  $17,000.) 

Week  Ending  No.  9: 
"MEET    THE    BARON"    (M-G-M) 

CHICAGO^(4.000),  35c-50c-68c,  7  days, 
stage:  Ben  Bernie  and  His  Lads,  Sheila 
Barnett  &  othtTs.  Gross:  $44,000.  Aver- 
age,  $,M.60O.) 

"AFTER    TONIGHT"    (Radio) 

PALACE-(2.S09),  35c-50c-75c.  7  days. 
.Stage:  Molly  Picon.  Three  Sailors,  Long 
Tack  Sam  &  Co.,  Peter  Higgins.  Gross: 
$20,000.    (Average,   $22,000.) 

Week  Endina  Nov.  10: 

"KENNEL   MURDER   CASE"    (Warners) 

McVICKERS- (2,284).  .TOc-40c-60c,  2nd 
week,  7  days.  Gross:  $9,000.  (Average. 
$13,000.) 

'THE   WAY  TO  LOVE"    (Para.) 

ROOSE.VELT-(1.591).  25c-3.5c-50c,  7  days 
Gross:    $7,000.    (Average,    $11,000.) 


"Glory,"  on  Dual 
Bill,  Tops  Omaha 

Oafaha,  Nov.  15.— Finally  reaching 
town,  "Morning  Glory"  at  the  Bran- 
deis,  along  with  "No  Marriage  Ties," 
piled  up  the  only  gross  of  note  in  the 
face  of  good  programs  and  stiff  com- 
petition.    The  take  was  $5,000. 

The  Orpheum  managed  to  do  aver- 
age business  at  $7,250  with  "The  Mas- 
Querader"  and  "Walls  of  Gold."  A 
dual  bill  of  "Whoopee"  and  "Pilgri- 
mage" pulled  the  World  into  the  red 
once  again.     The  take  was  $4,500. 

Despite  editorial  and  display  sup- 
port by  the  Bee-News,  Winchell's 
"Broadway  Thru  a  Keyhole"  failed  to 
draw  at  the  Paramount.  It  was  the 
worst  gross  in  several   weeks,  $6,250. 

Total  first  run  business  was  $23,000. 
Average  is  $25,350. 

Estimated  takings  for  the  week  end- 
ing Nov.   11  : 

"MORNING   GLORY"    (Radio) 
"NO  MARRIAOE  TIES"   (Radio) 

BRANDFTS- (1.200).  25c-35c-40c.  7  days. 
Cress-    $S.000.        f Average.    $4,750.) 

"THE  MASQUERADER"   (U.A.) 
"WALLS    OF    GOLD"    (Fox^ 
ORPHF.T'M-(3.000).    2.5c-35c-40c,    7    days. 
Gross:    «7.^';o      (Average.    $7.2.50.) 

"BROADWAY   THRU   A    KEYHOLE" 

(U.A.) 
PARAMOUNT   —   (2.900).     25c -^.^^c-. 50c.     7 
days.      Gross:   $6,250.      (Average.    $7,500.) 
("WHOOPEE"   (U.A.) 
"PILGRIMAGE"    (Fox) 
WORLD- (2.200).    2.5c-.^.5c.    7   days.    Gross: 
$4,500.      (Average.    $5,850.) 


A  $2,000  Hat 

Hollywood,  Nov.  15. — War- 
ners have  just  coughed  up 
2,000  bucks  for  a  pretty  little 
bonnet  for  Kay  Francis.  How 
and  why: 

The  company  was  shooting 
the  final  scene  on  "Mandalay," 
following  which  it  was  sched- 
uled to  shove  off  from  the 
Stockton,  Calif.,  location, 
when  Miss  Francis'  hat  blew 
off  and  fell  in  the  river.  This 
naturally  spoiled  the  scene 
but  the  troupe  shoved  off  for 
Hollywood    anyway. 

Arriving  home,  it  became 
necessary  to  build  an  entirely 
new  set  to  duplicate  the 
houseboat  of  the  location.  The 
studio  also  built  a  new  hat. 


"Bombshell"  Pulls 
$15,000  in  Denver 


Denver,  Nov.  15. — "Bombshell"  sky- 
rocketed the  bo.x-office  take  at  the 
Orpheum,  packing  the  house  several 
times  and  having  holdouts  several 
days.  The  gross  was  $15,000,  over  par 
by  $5,500.  "Berkeley  Square"  gave 
the  Aladdin  two  holdouts  and  turned 
in  $3,800,  an  above-average  gross. 
"One  Sunday  Afternoon"  gave  the 
Denham  $8,000  with  standouts  most 
every  day.  Other  houses  were  below 
par.  A  snowstorm  on  Saturday  and 
severe  cold  snap  failed  to  keep  fans 
away  from  films  they  really  wanted 
to  see. 

Total  first  run  business  was  $34,600. 
Average  is  $28,500. 

Estimated  takings  for  the  week  eiil 
ing  Nov.  9: 

"BERKELEY  SQUARE"  (Fox) 

ALADDIN— (1.500).     25c-40c-50c,     8     days 
Gross:    $3,800.        (Average.    $3,000.) 
"ONE    SUNDAY    AFTERNOON"     (Para.) 

DENHAM--(l.SOO),  25c-30c-40c,  7  days. 
Stage    show.     Gross:    $8,000.    (Average,    $6,- 

500.) 
"THE  PRIVATE  LIFE  OF  HENRY  VIII" 
(U.   A.) 

DENVER— (2.500),  25c-35c-50c,  8  days. 
Gross:   $5,000.    (Average,  $6,000.) 

"BOMBSHELL"    (M-G-M) 

ORPHEUM— (2,600).  25c-.^5c-40c.  7  days. 
Stage  show.  Gross:  $15,000.  (Average,  $9,- 
500.) 

"S    O    S    ICEBERG"    (Univ.) 

PARAMOUNT— (2.000).  25c-40c,  7  days. 
Gross:   $2,800.    (Average.   $3,500.) 


Shift  Vaude  in  Buffalo 

Buffalo.  Nov.  15. — Vaudeville  is 
being  shifted  back  to  Shea's  Hippo- 
drome, while  the  Great  Lakes  takes 
the  Hipp's  place  as  the  all-picture 
"run"  house  in  Buffalo.  Scale  at  both 
houses  remains  the  same,  25c-40c. 
Eight  acts  will  be  used  in  the  Hipp 
weekly.  With  the  changes  in  policy, 
the  managers  also  shift,  John  E.  Carr 
going  to  the  Great  Lakes  and  Robert 
T.  Murphy  to  the  Hippodrome. 


''Pigs"  Sweeping  Frisco 

San  Francisco,  Nov.  15. — "Three 
Little  Pigs"  has  been  sweeping  the 
neighborhoods  in  a  manner  similar  to 
Mae  West's  "She  Done  Him  Wrong." 
Most  district  houses  are  re-running 
it  and  are  billing  it  over  the  feature 
pictures.  One  chain  here  pulled  a 
neat  stunt  of  placing  three  live, 
squealing  pigs  in  a  cage  outside  the 
theatre.  It  drew  plenty  of  interest 
and  business. 


"World"  with 
Show  $38,000 
Boston  Draw 


Boston,  Nov.  15. — Grosses  dropped 
off  from  last  week,  but  were  still  well 
above  average  with  every  first  run 
house  making  the  grade. 

"The  World  Changes"  at  the  Metro- 
politan, coupled  with  a  fast  stage  show 
including  the  Harmonica  Rascals, 
topped  the  list  at  $38,000  and  was  up 
$10,000  for  the  second  best  week  of 
the  season. 

Both  RKO  houses  were  well  above 
par,  with  the  Boston  going  $5,000 
above  average,  while  Keith's,  with 
"The  Invisible  Man."  was  up  |3,000. 
Loew's  State  with  "Night  Flight,"  at 
$20,000,  was  $4,000  above  par. 

Total  first  run  business  was  $116,000. 
Average  is  $95,000. 

Estimated  takings  for  the  week 
ending  Nov.  9 : 

"WALLS  OF  GOLD"  (Fox) 

BOSTON— (2,900),  25c-50c,  7  days.  Kate 
Smith  and  Swanee  Music  Revue.  Gross: 
$21,000.      (Average,   $16,000.) 

"FOOTLIGHT  PARADE"  (Warners) 

FENWAY  —  (1,800),  30c-50c,  7  days. 
Gross:     $9,000.       (Average,    $9,000.) 

"THE  INVISIBLE  MAN"   (Univ.) 

KEITH'S— (3,500),  30c-50c,  7  days.  Gross: 
$19,000.      (Average.   $16,000.) 

"NIGHT  FLIGHT"   (M-G-M) 

LOEW'S      STATE— (3,700),      35c-S0c,      7 
days.      Vaude.      Gross:    $20,000.      (Average, 
$16,000.) 
"THE    WORLD   CHANGES"    (Warners) 

METROPOLITAN  —  (4,350),     30c-65c,     7 
days.       Borrah     Minevitcli    and    Harmonica 
Rascals.      Gross:    $38,000.      (Gross,    $28,000.) 
"FOOTLIGHT  PARADE"  (Warners) 

PARAMOUNT— (1,800),  30c-50c,  7  days. 
Gross:    $9,500.     (Average,   $9,000.) 


"Journey,"  Vaude, 
$12,500,  Montreal 

Montreal,  Nov.  15. — "One  Man's 
Journey,"  aided  by  vaudeville,  led  the 
town  last  week  with  a  take  of  $12,500 
at  Loew's.    This  is  $2,000  over  par. 

"I'm  No  Angel"  was  still  a  good 
draw  in  its  second  week  at  the  Capi- 
tol, holding  up  to  $9,500  and  beating 
house  average  by  $500.  The  dual  bill 
of  "Broadway  Thru  a  Keyhole"  and 
"As  the  Devil  Commands"  was  good 
for  $7,500  at  the  Princess. 

Wintry  weather  and  the  closing 
games  of  the  football  season  were  a 
general  drawback. 

Total  first  run  business  was  $40,500. 
Average  is  $39,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  10: 

"I'M    NO    ANGEL"    (Para.) 

CAPITOL— (2.547),     25c-35c-S0c-60c-75c,     7 
days.     Gross:  $9,500.     (Second  week.)     First 
week:    $13,000.      (Average,    $9,000.) 
IMPERIAL— Grand    Opera. 

"ONE  MAN'S  JOURNEY"   (Radio) 
LOEW'S— (3,115),      25c-35c-50c-65c-75c,      7 
days.      Vaudeville:    Dave    Apollon    and    His 
Surprises  of  1933;   Paul  Nolan  added.  Gross: 
$12,500.      (Average.   $10,500.) 
"LIFE  STORY  OF  H.R.H.  THE  PRINCE 
OF   WALES"    (British) 
"ORDERS    IS   ORDERS"    (British) 
PALACE— (2.600).      2.Sc-.35c-!;0c-6Oc-75c.      7 
days.     Gross:    $11,000.      (Average.   $11,000.) 
"BROADWAY   THRU   A   KEYHOLE" 
(U.  A.) 
"AS    THE    DEVIL    COMMANDS"    (Col.) 
PRINCESS  —  (2.272).     25c-35c-50c-65c,     7 
days.      Gross:    $7,500.      (Average.   $6,000.) 


/.  R.  Neger  Upped 

Indianapoli.s,  Nov.  15. — J.  R.  Ne- 
ger has  been  advanced  from  salesman 
to  assistant  branch  manager  of  the 
local  Fox  exchange. 


MOTION  PICTURE 

DAILY 


Thursday,  November   16,   1933 


Slate  Nazism 
Puts  Germany 
Out  of  Reels 


(Ci>irfiiii(fd  from    fOQC    1) 

the  operations  of  the  Hitlerite  propa- 
ganda and  censorship  bureaus  which 
make  it  virtually  impossible  to  get 
any  footage  out  of  Germany  which 
measures  up  to  the  American  news- 
reels'  standards  of  news. 

"The  Hitlerite  Central  Press  Bureau 
won't  pass  much  that  is  worth  while 
from  the  American  news  standpoint 
and  refuses  permission  to  newsreel 
cameramen  to  shoot  any  of  the  good 
stuff,  with  the  result  that  virtually  all 
of  the  footage  coming  out  of  Germany 
today  is  not  news,  but  propaganda," 
was  the  way  one  editor  summed  up 
the  situation. 

"U"  Using  no  Footage 

Allyn  Butterfield,  editor  of  Uni- 
versal Newsreel.  said  that  Universal 
has  used  no  German  footage  since  last 
June. 

"While  we  get  several  thousand  feet 
of  film  out  of  Germany  weekly,"  he 
said,  "the  results  of  careful  editing 
disclose  that  essentially  all  of  it  is 
propaganda,  not  news." 

Jack  Connolly,  Pathe  News  editor, 
said  that  his  reel  had  used  three  Ger- 
man shots  in  six  months. 

"Pathe  has  no  different  policy  ap- 
plying to  news  from  Germany  than 
it  has  for  news  from  any  other  coun- 
try. If  it's  news,  we'll  use  it.  What 
we  haven't  used,  we  didn't  consider 
was  news." 

William  P.  Montague,  assistant  edi- 
tor. Paramount  News,  said  that  he 
could  recall  only  three  shots  emanat- 
ing from  Germany  which  had  been 
included  in  that  reel  during  recent 
months. 

"The  difficulty,"  he  said,  "is  in  get- 
ting anything  out  of  Germany  that 
isn't  plainly  propaganda.  Germany's 
own  restrictions  are  responsible.  We 
used  some  footage  on  the  burning  of 
books  by  Nazi  students ;  some  shots 
of  the  most  recent  trip  of  the  Graf 
Zeppelin  and  a  Berlin  interview  with 
Maxim  Litvinoff,  while  en  route  from 
Russia  for  his  conferences  with  Presi- 
dent Roosevelt.  These  we  considered 
to  be  news,  and  the  rest  of  the  footage 
from  Germany  failed  to  measure  up  to 
the  same  standards  of  editorial  judg- 
ing." 

No  Movietone  Clips 

Fox  Movietone  ajid  Hearst  Metro- 
tone  have  used  nothing  from  Germany 
for  the  past  three  months. 

One  editor  pointed  out  that  the 
German  news  situation  puts  the  reels 
"on  a  spot."     He  said : 

"Jewish  exhibitors  and  those  of 
anti-Hitler  sympathies  refuse  to  run 
German  footage  if  we  include  it  and 
many  refuse  to  accept  a  reel  with 
anything  pertaining  to  Hitlerite  Ger- 
many in  it.  Others  contend  that  Hitler 
is  'news'  and  demand  more  German 
footage.  The  newsreels  find  them- 
selves in  about  the  same  situation  as 
existed  when  Premier  Mussolini  first 
came  into  power  in  Italy  and  was 
internationally  referred  to  as  'The 
Mad  Dog  of  Europe.'  No  exclusion 
here  of  German  news  is  proper.  Wit- 
ness the  New  York  Times,  which  is 


anti-Hitler,   yet   prints   many   lines   of 
German   news  daily." 


London,  Nov.  IS. — A  virtual  cen- 
sorship of  scenes  of  Nazi  activities 
developed  here  with  the  dropping  of 
Hitlerite  Germany  from  Gaumont- 
British  newsreels.  The  company  con- 
trols 3,000  tlieatres  and  its  newsreel 
is  exhibited  in  other  houses  as  well. 
The  G-B  newsreel  recently  eliminated 
an  interview  with  David  Lloyd  George 
in  which  he  supported  Germany's 
withdrawal  from  the  League  of  Na- 
tions. 


Scheduled  for  Capitol 

Films  to  follow  "The  Prizefighter 
and  the  Lady,"  current  attraction,  at 
the  Capitol  include  "Christopher 
Bean,"  "Dancing  Ladv"  and  "Dinner 
at  Eight." 


Cleveland  Back  to 
One  Indie  1st  Run 


(Continued  from    page    1) 

home  of  Keith  vaudeville  until  B.  F. 
Keith  built  the  Palace,  now  called 
the  RKO  Palace.  When  big  time  vau- 
deville moved  up  to  the  Palace  the 
Hippodrome  sank  into  a  secondary 
classification,  and  in  recent  years  has 
lost  a  lot  of  money.  RKO  lost  the 
house  last  spring. 

Warners  plan  a  picture  policy  and 
will  take  over  the  house  officially  on 
Nov.  21. 


Probe  Fox  Westco  Today 

Hollywood,  Nov.  15. — Fox  West 
Coast  bankruptcy  will  be  heard  tomor- 
row  before   the   Senatorial   committee 


Hutchinson  to  Make 
Trip  to  Fox  Studio 

Hollywood,  Nov.  15.  —  W.  J. 
Hutchinson,  managing  director  for 
Fox  in  England,  will  arrive  here  in 
January  for  a  two-week  stay  during 
which  he  will  study  production  me- 
tb.ods  at  Fox   Movietone   Studios. 

Following  his  return,  Roy  Simonds, 
publicity  manager  for  Fox  in  England, 
will  leave  for  the  local  plant. 


Ben  Berk  to  Coast 

Ben  Berk  has  resigned  as  vice-pres- 
ident and  general  manager  of  Atlas 
Soundfilm  Studios  and  will  leave  to- 
day for  the  coast  to  take  charge  of 
a  new  Hollywood  office  of  Blue  Seal 
Sound  Device,   Inc. 


^Xlass  production  that  will  add 
prestige  to  Columbians  program. 
Tracy^s  work  will  earn  critical 
raves.  Miss  Young^s  is  no  less 
excellent.  Both  do  excellent  jobs.^^ 

Daily  Variety 

THE  MOST  GLORIOUS  LOVE 
STORY  SINCE  "7th  HEAVEN"! 


A  FRANK  BORZAGE 


Production 


SPENCER  TRACY- LORETTA  YOUNG 

[      Screen  play  by  Jo  Siverling 
From  the  play  by  Laivrence  Hazard 


COLUMBIA 
PICTURE 


Screen  Guild 
PicUirc 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  117 


NEW  YORK,  FRIDAY,  NOVEMBER  17,  1933 


TEN  CENTS 


E.  E.  Shauer 
Passes  Away 
At  His  Home 


Heart  Attack  Is  Fatal; 
Paramount  Founder 


Eniil  E.  Shauer,  vice-president  of 
Paramount  International  and  one  of 
the  founders  of 
Paramount  Pub- 
lix,  died  sudden- 
ly yesterday 
morning  at  his 
home.  He  was 
67  years  old  and 
had  never  fully 
recovered  from 
a  paralysis  at- 
tack which  he 
suffered  several 
years  ago. 

Born  in  Bo- 
hemia in  1866, 
Shauer  came  to 
America  at  the 
age  of  two.  His 
family  settled  in  Chicago  and  he  at- 
tended the  public  schools  there.  At 
an  early  age  he  became  an  errand  boy 
for  Mandel  Brothers  and  before  he 
reached  21  he  had  become  the  youngest 
lace  curtain  buyer  in  the  country. 
This  post  necessitated  frequent  trips 
to  Europe  and  he  became  extremely 
well  acquainted  with  the  Continent. 
(Continued  on  page  10) 


£.   E.    Shauer 


Warners  Hold  Talks 
With  Theatre  Heads 

Exhibitor  advice  on  forthcoming 
Warner  product  has  been  sought  dur- 
ing the  past  week  by  Harry  M.,  Jack 
and  Albert  Warner  in  a  series  of 
home  office  conferences.  Among  those 
called  in  for  the  talks  were  Ike  Lib- 
son  of  Cincinnati,  George  Trendle  of 
Detroit,  Mike  Shea  of  Bufifalo  and 
Ed  Fay  of  Providence. 

A.  W.  Smith  and  Gradwell  Sears, 
sales  executives,  sat  in  on  the  confer- 
ences. 

Jack  Warner  left  for  the  coast  yes- 
terday. 


Kalmine's  Transfer 
Is  Regarded  as  Set 

^  Pittsburgh,  Nov.  16.— Transfer  of 
50I  Hankins,  Warner  zone  manager, 
from  Milwaukee  to  this  city  is  be- 
lieved to  indicate  definitely  that 
Harry  Kalmine  will  go  to  Philadel- 
phia to  take  William  Goldman's  place 
;here.  Hankins  was  formerly  local 
division    manager. 


Independents 
Set  New  Ohio 
Organization 

E.  A.  Schwartz  Named  as 
Head — No  Code  Action 


Columbus,  Nov.  16. — Formation  of 
the  Independent  M.  P.  Exhibitors' 
Ass'n  of  Ohio  was  agreed  upon  here 
today  at  a  gathering  in  the  Deshler- 
Wallick  Hotel.  Only  independents 
will  be  admitted,  it  was  decided,  and 
the  association  will  not  be  affiliated 
with  any  other  organization. 

Officers  were  elected  Unanimously 
as  follows :  President,  Ernest  A. 
Schwarts,  Cleveland ;  vice-president, 
Frank  W.  Huss,  Cincinnati ;  secretary, 
Cieorge  W.  Erdmann,  Cleveland ; 
treasurer,  Robert  Menches,  Akron ; 
directors,  Philip  Semelroth,  Dayton ; 
Harry     Abram,     Lancaster;     Charles 

(Continued   on    t^a<ic   4) 


Harris  and  Marxes 
Discussing  Musical 

Hollywood,  Nov.  16. — Following 
his  arrival  from  the  East,  Sam  H. 
Harris  went  into  conference  with  the 
P'our  Marx  Brothers  on  a  plan  for  a 
musical  comedy  which  Harris  will  pro- 
duce on  Broadway  with  the  Marxes 
starring. 

The  quintet  will  leave  this  week  for 
Palm  Springs  to  work  out  the  de- 
tails. If  the  deal  becomes  definite, 
Harris  will  approach  Charles  Mac- 
Arthur  and  Ben  Hecht  to  collaborate 
on  the  story,  with  possibility  of  re- 
leasing through  U.  A. 


Hertz  Will  Resume 
Para,  Story  Today 

John  Hertz,  former  chairman  of  the 
Paramount  Publix  finance  committee, 
will  resume  his  testimony  begun  last 
week  at  an  adjourned  first  meeting 
of  Paramount  Publix  creditors  before 
Referee  Henry  K.  Davis  here  today. 
Counsel  for  Paramount  Publix  trus- 
tees in  bankruptcy  first  will  conclude 
their  examination  of  Hertz,  where- 
upon he  will  be  turned  over  to  Saul  E. 
Rogers  and  Samuel  Zirn,  counsel  for 
Paramount  bondholders'  groups,  for 
questioning. 


Guard  Baby  Le  Roy 

Hollywood,  Nov.  16. — In 
view  of  the  recent  kidnap- 
pings on  the  Pacific  Coast, 
Paramount  has  added  another 
bodyguard  to  the  staff  of 
Baby  Le  Roy,  who  has  been 
doing  all  right  with  one  up  to 
the  present  time. 

Studio  figured  on  the  addi- 
tion when  the  unit  filming 
"Miss  Fane's  Baby  Is  Stolen" 
started  making  daily  location 
trips  into  the  Hollywood 
Hills. 


Censor  Cooperation 
In  Penn.  Hoped  For 

Philadelphia,  Nov.  16.— Exhibi- 
tors and  exchange  officials  here  are 
hopeful  for  a  more  cooperative  atti- 
tude on  the  part  of  censor  officials  a-s 

(Continued  on   pane   4) 


Stock  Mark-up 
of  $38,285,000 
Told  at  Probe 


Washington,  Nov.  16. — A  write- 
up  of  $38,285,000  in  theatre  equip- 
ment corporation  stocks  controlled 
by  Harley  Clarke  during  negotiations 
which  resulted  in  their  acquisition  by 
the  General  Theatres  Equipment  Co. 
was  today  disclosed  by  the  Senate 
Banking  and  Currency  Committee 
investigating  banking  practices. 

The  alleged  "watering"  occurred  in 
the  stocks  of  International  Projector 
Corp.,  National  Theatre  Supply  Corp. 
and  four  lamp  companies,  which  were 
taken  over  by  General  Theatres  at 
a  cost  of  $43,040,000,  although  the 
book  value  of  their  stock  aggregated 
only  $4,756,000. 

Perplexed  by  the  testimony  of 
Clarke,    Ferdinand    Pecora,    commit- 

(Continucd  on    page  4) 


Hearing  on  Loew's 
Stock  Sale  Dec,  7 

Sale  of  660,900  shares  of  Loew's, 
Inc.,  owned  by  Film  Securities  Corp., 
will  not  take  place  on  Nov.  27  as  pro- 
posed by  Chemical  Bank  &  Trust  Co. 
in  a  petition  to  the  U.  S.  District 
Court  as  a  result  of  the  postponement 
yesterday  of  a  hearing  on  the  petition 
until  Dec.  7  by  Federal  Judge  John  C. 
Knox. 

Sale  of  the  stock  is  proposed  in 
order  to  satisfy  a  $20,000,000  two-year 
(Continued  on   page  4) 


Senators  Adjourn 
Fox  West  Coast  Quiz 

Los  Angeles,  Nov.  16. — The  Sen- 
atorial committee  investigating  the 
Fox  West  Coast  bankruptcy  today  was 
bewildered  over  what  it  considered  the 
fantastic  and  complicated  corporate 
(Continued  on  pa^e   10) 


AH  But  Three 
Ot37MPTOA 
Ideas  in  Code 


Ed  Kuykendall  Analyzes 
Draft  Drawn  by  NRA 


All  but  three  of  37  code  proposals 
made  by  the  executive  committee  of 
M.P.T.O.A.  in  an  original  code  draft 
for  exhibition  drawn  up  by  the  organi- 
zation at  Chicago  last  July  are  con- 
tained in  the  NRA  code  as  it  now 
stands,  according  to  an  analysis  and 
comparison  of  the  two  codes  made 
yesterday  by  Ed  Kuykendall,  M.  P. 
T.O.A.  president. 

Kuykendall's  analysis  reveals  that 
25  of  the  original  M.P.T.O.A.  proposals 
are  contained  in  full  in  the  present 
NRA  code;  seven  others  are  partially, 
though  not  fully,  covered  in  the  gov- 
ernment's draft  and  the  remaining  five 
are  not  included.  Of  the  latter  five 
projKjsals,  however,  Kuykendall's  an- 
alysis points  out  that  "two  of  them 
were  suggested  by  distributors  who 
later  withdrew  them,  leaving  three  of 
our  own  proposals  that  are  not  in- 
cluded in  the  NRA  code." 

Kuykendall  identifies  as  the  two 
"principal"  proposals  which  his  organi- 
zation "was  not  able  to  secure"  as 
those  for  the  control  of  double  fea- 
tures by  local  exhibitor  cooperation 
and  for  the  banning  of  score  charges. 
One  of  the   most  important  obtained, 

(Continued  on   page   4) 


No  Need  Fear  Code, 
Says  Kuykendall 

Contending  that  the  code  will  bring 
about  greater  understanding  among 
those  in  the  industry,  Ed  Kuykendall, 
president  of  the  M.P.T.O.A.,  yester- 
day told  the  A.M.P.A.  that  no  one 
has  anything  to  fear  from  the  code 
if  he  is  honest  and  fair  in  his  deal- 
ings. He  added  that  when  the  code 
is  signed  it  will  benefit  showmen  who 
are  real  showmen. 

Kuykendall  related  the  work  of  his 
organization    in    the    drafting    of    the 

(Continued  on   page   4) 


Deputy  to  Press 
For  Code  Confab 

Washington,  Nov.  16. — Considera- 
tion of  the  film  code  lagged  today, 
with  General  Hugh  S.  Johnson's  at- 
tention centered  on  other  important 
problems  piled  up  during  his  absence. 

(Continued  on  page   4) 


2 


MOTION  PICTURE 

DAILY 


Friday,  November   17,   1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Ofi5ce 


Vol.   34 


November   17,   1933 


No.    117 


MasTIN   yuiCLEY 

Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 

^>\r\,  PUBLISHED  daily,  except  Sunday 
/^  jl  J  and  holidays,  by  Motion  Picture 
S<I^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Vtctor 
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Manager. 

London  correspondent:  w.  H.  Moorxng, 
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land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
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pondent: Pierre  Autre.  19  Rue  de 
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Entered  as  second  class  mat- 
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$6  in  the  Americas,  except 
Canada;  Canada  and  foreign: 
$15.     Single   copies:    10   cents. 


Col.  Closes  for  "Lives** 

After  handling  "Damaged  Lives"  in 
England  for  a  short  period,  Columbia 
has  closed  with  Weldon  Pictures  to 
distribute  the  picture  in  Mexico,  Cen- 
tral and  South  America.  The  deal 
was  closed  by  J.  J.  Allen,  foreign 
sales  manager  of  Weldon,  and  Joseph 
Seidelman,  foreign  distribution  head 
for  Columbia. 


Arthur  Edeson  on  Coast 

Hollywood,  Nov.  16. — Arthur  Ede- 
son has  just  returned  from  New  York, 
where  he  filmed  Lillian  Gish  in  "The 
Great  Adventure"  and  is  now  aligned 
with  Edward  Small  doing  the  camera- 
work on  "Joe  Palooka." 

Frudenfeld  Here 

Arthur  Frudenfeld,  former  city 
manager  for  RKO  in  Detroit,  is  in 
New  York.  Under  the  pool  in  that 
city  between  RKO  and  Fox,  with 
David  Idzal  as  city  manager,  Fruden- 
feld will  be  assigned  elsewhere. 


Snow  Hits  Cleveland 

Cleveland,  Nov.  16. — A  heavy 
snowstorm  has  hit  the  town,  making 
travel  difficult  and  theatre  attendance 
something  local  showmen  are  wor- 
ried over. 


Ken  Maynard  III 

Hollywood,  Nov.  16. — Ken  May- 
nard is  laid  up  with  the  flu  and  shoot- 
ing on  "Wheels  of  Destiny"  has  been 
stopped  as  a  result. 


Hirliman  Returning  Soon 

George  Hirliman,  who  plans  to  pro- 
duce on  his  own  in  the  east,  returns 
from  the  coast  in  three  weeks  to  start 
work  here. 


Sol  Lesser  in  Paris 

Paris,  Nov.  16. — Sol  Lesser  ar- 
rived here  today  from  the  Hague. 
While  he  was  in  London,  Lesser  was 
entertained  by  Lord  Beaverbrook. 


Insiders^  Outlook 


EMIL  E.  SHAUER  passed  Paramount,  whose  big  Canadian 

out     of     the     realm     of  string    he    is    now    running    as 

worldly  troubles  yesterday  Prexy.    There   couldn't   be   any 

morning'  connection    between    the    Down 

.  ,         *  ,  East    move    and    "Nate's"    well 

Always     courteous,     con-  known      ambition      to      control 

Stantly        the       gentleman,  Famous   Players   Canadian  com- 

Shauer  was  one  of  the  in-  plete,  could  there?    It's  yours  to 

dustry's   gentler   members,  dope  out  from  this  point  on.  .  .  . 

a  friendly  contact  with  him  Reports    of    a    radical    shift    in 

over    a     period    of     fifteen  newsreel  making  apparently  are 

years  had  demonstrated.  ^^^  bunk.  .  .  . 

We  remember  an  incident  Harold  B.  FrJnklin  is  about  to 

that       goes       back       many  move  into  his  new  office  on  the 

months.     He   had    been   ill,  54th    floor    at    30    Rockefeller 

away    from    his    desk    at  Plaza.    On  the  55th  is  John  D. 

Paramount  and  confined  to  Rockefeller,    Jr.     On    the    53rd, 

his     home,     worried     over  David  Sarnoff.    If  it's  financing 

health  and  business.    Then  he  wants  to  know  about,  Harold 

came  a  day  when  his  doc-  ^^"  '^of  "?•  ^^  '^'s  wireless  rates, 

tors    nermitted    him    some  ^^^         down.  .  .  .  The  Music 

,.    ,  ,^     i-    •*        i  iu        «;  Hall   has   rejected  and  paid  for 

Slight  activity  at  the  office  ^^^^her  major  line  picture  which 

and   an   occasional  visit  to  the  administration  there  refuses 

the  noon-day  haunts  where  to  play. 

film  men  gather.  It  was  on  ^ 

such  a  day  when  he  walked  shocking  note:  The  $181  take 

into     the     Motion     Picture  ^hich  a  certain  picture,  made  as 

Club      and      attempted      to  a  negative  which  certainly  indi- 

make    his    way    across    the  cated  its  producer  was  gunning 

restaurant  only  to  find  him-  for  "A"  time,  grossed    in    one 

self      interrupted      on      all  week    in   a   certain    mid-western 

sides     by     friendly     hand-  theatre  of  2,000  seats  and  more. 

shakes  and  genuine  solici-  •  •  •  Arthur  Mayer,  impresario 

tation  for  his  health.  «!  ^he  Rialto.  who  always  has  a 

__                       1.1  picture  problem  on  his  hands,  is 

He      was      obviously      so  in  favor  of  long  runs,  like  "I'm 

pleased  to  learn  he  had  not  No  Angel's"  four  weeks  at  the 

been     forgotten.     Slight  Paramount,  for  instance.   Says  it 

enough,  you  may  think.   As  congests  subsequent  releases  and 

a  matter  of  fact,  it  was.  But  makes  it  sweeter  for  him.  .  .  . 

Shauer    was    touched    and  ▼ 

made  no   effort   to   hide  it.  Radio    has    been    considering 

That  insight  into  the  man's  plans  for  another  Amos  'n'  Andy 

humility  had  lodged  itself  feature,   but   no   deal   has   been 

in  this  memory  since  that  struck— as   yet.    If   it  happens, 

(^img^  production  probably  will  be  cen- 

tered  in  the  old  Biograph  plant 
in  the  Bronx.    This  is  the  studio 

"Nate"  Nathanson  is  reported  Herb     Yates    and     Consolidated 

spreading   his   wings   over    New  now  control.  .  .  .  Historical  note : 

England.   They  would  throw  him  It  was  Dave  Selznick,  who  picked 

into     direct     competition     with  (Continued  on  page  10) 

Columbia  Gains  One  and  Half 

Net 

High  Low  Close  Change  Sales 

Columbia   Pictures,    vtc 23J4  22^  23'A  +V/2  200 

Consolidated    Film    Industries 97A  9%  9%  300 

Consolidated  Film  Industries,  pfd 38  36"/^  37ii  —  yi  200 

Eastman    Kodak    73  70  73  -f4  1,400 

Fox    Film   "A" 14^  1454  Hfi  -f  ^  300 

Loew's,   Inc 31  29  31  -f29^  2,000 

Locw's,   Inc.,   pfd 66  66  66  — 1  100 

Paramount    Publix    VA  VA  VA  +  ^A  900 

Pathe    Exchange    IH  1^  15^  800 

Pathe   ExchanKe   "A" 9yi  9  9%  — 'A  700 

RKO    2'A  2ii  2'A  +^  200 

Warner   Bros 6'A  6'A  6J4  +  H  6,700 

Trans  Lux  Only  Curb  Issue  Active 

Net 
High      Low      Close     Change     Sales 

Trans  Lux  2  2  2  100 

Para.  F,  L,  Bonds  Off  One  and  Half 

Net 

High  Low  Close  Change     Sales 

Keith  B.  F.  6s  '46 45  45           45  —H  16 

I^oew's  6s  '41,  WW  deb  rights SO'A  7954       79M  ....4  4 

Paramount   Broadway   5!4s    '51 29  29           29  5 

Paramount    F.    L.    69    '47 24%  24           24  —VA  6 

Warner  Bros.  6s  '39,  wd 38^  36           3&'A  +VA  20 


Louis  Cohen  to  Coast 

Louis  Cohen,  realtor,  left  for  Bev- 
erly Hills  last  night  to  spend  the 
Thanksgiving  and  Christmas  holidays 
with  his  family.  This  is  his  first  va- 
cation in  several  years.  His  brother, 
Harry,  is  with  him.  They  return 
after  the  first  of  the  year. 


/.  E.  Brady  Bankrupt 

Jasper  Ewing  Brady,  some  years 
ago  in  charge  of  the  M-G-M  story 
department,  has  filed  a  voluntary  pe- 
tition in  bankruptcy  in  the  U.  S.  Dis- 
trict Court.  He  lists  liabilities  at  $7,- 
700. 


i  Purely 
Personal  ► 


HARVEY  DAY,  Terrytoons  sales 
manager,  left  yesterday  for  a 
tour  of  Fox  exchanges  at  Chicago, 
Milwaukee,  Minneapolis,  St.  Louis, 
Detroit,    Cleveland    and    Buffalo. 

Ernst  Lubitsch  is  still  looking 
around  for  a  play  or  story  as  his  next 
Paramount  effort.  Plans  to  leave  for 
Hollywood  Nov.  23. 

W.  Ray  Johnston,  Russell  Bell, 
Ed  Finney  and  others  leave  tonight 
for  Syracuse  to  attend  the  Syracuse- 
Colgate  game  there  tomorrow. 

Miriam  Hopkins,  on  her  way  to 
New  York  from  the  coast,  will  ap- 
pear on  Broadway  in  Owen  Davis' 
"Jezebel"    for    Guthrie    McClintic, 

Sam  Harris,  stage  producer,  will 
spend  most  of  the  winter  on  the  coast. 
Combination  business  and  vacation 
trip. 

Warren  William  will  broadcast 
scenes  from  "The  Match  King"  over 
the  NBC  network  from  WEAF  next 
Wednesday  night. 

Lou  Goldberg  leaves  for  Washing- 
ton today.  He  was  slated  to  leave 
yesterday,    but    changed    his   mind. 

Gary  Grant,  Randolph  Scott  and 
David  Manners  are  sailing  today  on 
board  the  Paris  for  England. 

Stanley  Shuford  has  put  away  his 
golf  clubs  for  the  winter.  He's  now 
taking  up  ice  skating. 

Bert  Perkins  has  shuffled  his  way 
back  from  Buffalo  and  a  Warner  cam- 
paign. 

Mrs.  Harry  Buxbaum  is  out  of 
the  Fifth  Ave.  Hospital  after  a  minor 
operation. 

Charles  Einfeld  is  up  to  his  ears 
in  campaigns  on  "Disraeli." 


Levy-I.T.O.A.  Meet  Off 

Jules  Levy,  general  sales  manager 
of  Radio,  didn't  meet  with  the 
I.T.O.A.  representatives  yesterday.  He 
was  out  of  town  and  returns  today. 
The  session  was  to  have  been  held 
to  discuss  preferred  playing  time  and 
percentage  demands. 


Elliott,  Krouse  Expected 

William  C.  Elliott,  president  of  the 
I.A.T.S.E.,  and  Louis  Krouse,  his 
assistant,  are  expected  back  from 
Washington  today. 


NEWS  OF  WEEK 
IN  PHOTO-REVIEW 


UNIQUE  DISPLAY  of  firearms  formsoneof  doz- 
en flash  stunts  in  big  N.  Y.  Strand  send-off  for 
'From  Headquarters, '  novel  blackmail  thriller.  * 


PUZZLING  CASE  faces  Warren  William 
in  doctor  role  in  'Bedside, '  coming  soon 
from  Warners  with  Jean  Muir,  Kathryn 
Sergava  in  cast. 


REUNION  IN  BURBANK. 

Eddie  Robinson  and  W.  R. 
Burnett,  star  and  author  of 
'Little  Caesar'  join  hands 
again  in  'Dark  Hazard, '  book- 
of-month  sensation  now  in 
Warner  cutting  room.* 


FIRST  GOAL  for  'College  Coach'  reg- 
istered in  initial  date  at  Strand,  N.  Y. 
'Action-packed,  exciting,  thoroughly 
entertaining'  agree  critics  Boehnel, 
Johaneson.  Sherman.* 


CAMERAS  TURN  on   As  The  Earth 

Turns'  as  coast  arrival  of  Emily  Lowry, 
stage  find,  completes  cast  for  latest 
of  Warners'  six  best-selling  giants. 


A  Warner  Bros.  Picture    °A  firtt  National  Picture     Yitagraph,  Irtc,  Disiributort 


MOTION  PICTURE 

DAILY 


Friday,  November   17,    1933 


Independents 
Set  New  Ohio 
Organization 


(Continued  from  page    1) 

Justus  and  Theodore  Perkas,  Coluin- 
Dus;  Herbert  Lind,  Zanesville;  Paul 
tills,  Warren ;  H.  L.  W  alker,  Salem  ; 
John  Schwartz,  Painesville;  Menches, 
Akron;  Henry  Greenberger,  M.  B. 
rtorwitz  and  John  Kalafat,  Cleveland; 
John  Perkas,  Hlyria ;  P.  O.  Frederick, 
Norwalk;  Leo  Dwyer,  Celina;  Jack 
U  Connell  and  Howard  Feigley,  To- 
ledo; Frank  Huss  and  Henry  Levy, 
Lincninati  and  Xat  Charnas,  Bucyrus. 
A  resolution  opposing  the  signing 
of  the  code  because  it  is  incomplete 
was  adopted,  and  the  meeting  went 
on  record  as  endorsing  the  action  ot 
the  independents'  meetmg  held  recent- 
ly in  Chicago. 

Xo  plans  were  formulated  for  light- 
ing  the   Ohio    10   per   cent   tax. 

.Approximately  35  theatres  were  rep- 
resented. No  date  was  set  for  the 
next    meetmg. 

Max  Stearn  suggested  that  the  new 
organization  consolidate  with  the  M. 
f.  T.  O.  of  Ohio,  but  this  was  turned 
down.  Farlier  in  the  day  Horwitz 
had  charged  that  the  M.  P.  T.  O.  was 
controlled  by  producer-owned  circuits, 
but  Stearn  said  he  did  not  believe 
this.  He  said  P.  J.  Wood's  failure 
to  defeat  the  tax  bill  was  due  to  the 
fact  that  independents  had  not  given 
him   tinancial   support. 

Horwitz  said  Ed  Kuykendall,  M. 
P.  T.  O.  A.  head,  would  be  here  to 
induce  the  Ohio  M.  P.  T.  O.  to  sign 
the  code  at   its   Dec.   5  meeting. 


More  Are  Called  in 
Ohio  Lobbying  Probe 

Columbus,  Nov.  16. — Widening  of 
the  Grand  Jury  investigation  into  leg- 
islative lobbying  against  tax  bills  has 
resulted  in  the  summoning  of  Pete 
Wood,  business  manager  of  the  M. 
P.  T.  O.  of  Ohio,  G.  \V.  Erdmann, 
secretary  of  the  Cleveland  Exhibitors' 
Ass'n,  and  Henry  Greenberger,  Mey- 
er Fine,  John  Kalafat,  Paul  Guodano- 
vic,  Ernest  Schwartz  and  M.  B.  Hor- 
witz.   They  will  appear  on  Friday. 

Erdmann,  Greenberger  and 

Schwartz  declared  that  the  Cleveland 
Exhibitors'  Ass'n  could  not  have  spent 
$10,000  in  lobbying  against  the  10 
per  cent  stage  tax,  as  has  been 
charged.  In  fast,  they  insisted  the 
association  had  never  spent  anything. 
Wood  went  further  and  said  his  or- 
ganization could  not  have  spent  any- 
thing, because  he  had  not  even  been 
able  to  collect  dues. 


Skouras  After  the  Fox 

St.  Louis,  Nov.  16. — Spyros 
Skouras'  visit  here  recently  is  linked 
with  reports  Skouras  Brothers  are 
negotiating  to  take  over  the  Fox. 


Tax  Refund  to  Gilbert 

Washint.to.v,  Nov.  16. — Taxes  to- 
taling $49,413.79  have  been  credited 
to  John  Gilbert  on  his  1931  return. 


Brown  in  Hollywood 

HoLLVwfX)!),  Nov.  16.  —  (jeorge 
Brown's  visit  here  is  a  combination 
business  trip  and  vacation. 


All  But  Three 
Of37MPTOA 
Ideas  in  Code 


(Continued  from  page  1) 
from  an  M.P.T.O.A.  viewpoint,  was  the 
projwsal  for  setting  up  local  grievance 
boards  to  hear  industry  disputes.  This, 
involving  the  principle  of  "home  rule 
for  the  local  e-xhibitor,"  is  one  of  the 
"fundamental  principles  advocated  by 
M.P.T.O..A.  over  a  period  of  years," 
Kuykendall    says. 

He  concludes  that  "90  per  cent  of 
the  proposals  for  which  M.P.T.O./K. 
put  up  a  determined  fight  are  included 
in  the  NRA  code." 


Kuykendall  Declines 
Samuelson  Invitation 

p:d  Kuykendall,  M.  P.  T.  O.  A. 
president,  yesterday  declined  the  in- 
vitation of  Sidney  Samuelson,  presi- 
dent of  Allied  of  New  Jersey,  to 
address  a  meeting  of  that  organiza- 
tion and  "settle  code  difTerences." 

.Ascribing  the  imminent  meetings  of 
M.  P.  T.  O.  A.  units  throughout  the 
country  as  his  reason  for  being  un- 
able to  accept  Samuelson's  invitation 
Kuykendall  added  that  "neither  you 
nor  I  nor  any  other  two  discussina 
this  subject  before  your  unit  could 
Dossibly    settle    it." 


Deputy  to  Press 
For  Code  Confab 

(Continued   from    poiic     1) 

.\t  the  earliest  opportunity.  Deputy 
.Administrator  .Sol  A.  Rosenblatt  will 
seek  a  conference  on  the  code,  which 
now  is  practically  sure  to  have  to 
follow  the  President  to  Warm  Springs, 
Ga.  President  Roosevelt  plans  to 
leave  Washington  tomorrow  evenin.g, 
not  to  return  until  after  Thanksgiv- 
ing   Day. 

Reports  from  the  west  coast  that 
Rosenblatt  would  resign  as  a  result 
of  the  delay  in  disposing  of  the  code 
were  denied  by  the  deputy  adminis- 
trator today,  who  said  he  had  no 
intention  of  leaving  the  Recovery 
Admiiiistration    in    the    near    future. 

Taking  advantage  of  a  lessening 
of  the  rush  on  his  ofifi'ce  Rosenblatt 
todav  availed  himself  of  the  oppor- 
tunity to  be  admitted  to  nractice  be- 
•^ore  the  District  of  Columbia  Supreme 
Court. 


Clark,  Wobber  Returning 

John  D.  Clark,  eeneral  >;ales  man- 
■'iTfr  of  Fox :  Herman  Wobber,  in 
charee  of  the  Kent  Drive,  and  Roger 
Ferri,  editor  of  the  Dvnamo.  sales 
orean,  return  Monday  from  a  tour  of 
western  exchanges. 


Para.  Gets  Hornblow 

Hou.vwooD.  Nov.  16. — His  resig- 
nation from  Samviel  Goldwyn  having 
become  effective  today,  Arthur  Horn- 
blow  has  signed  as  an  associate  pro- 
ducer for  Paramount. 


Elect  Treasurer  Soon 

Successor  to  Jav  Emanuel  as  treas- 
urer of  the  M.  P.  T.  O.  A.,  a  p<jst 
which  he  resigned  a  month  ago,  will 
be  named  shortly. 


No  Need  Fear  Code, 
Says  Kuykendall 

(Continued  from    paije    1) 

code,  how  M.P.T.O.A.  executives 
gathered  in  New  York,  Chicago  and 
then  Washington  in  an  effort  to  get 
a  suitable  draft  drawn.  He  also 
stated  that  code  conferences  in  the 
capital  were  a  veritable  madhouse, 
with  various  groups  fighting  against 
each   other. 

"When  the  code  is  signed,"  he  said, 
"it  will  diverge  little  from  the  Chicago 
draft   of   the    M.P.T.O.A." 

Declaring  that  his  association  is  not 
fighting  for  anyone's  selfish  interests, 
Kuykendall  stated  that  the  M.P.T.O.A. 
is  promoting  the  general  welfare  of 
tile  industry  in  code  talks.  He  stated 
tiiat  the  industry  is  still  one  of  per- 
sonalities with  individual  theatre 
managers  on  their  own  instead  of 
acting  on  orders  from  headquarters. 

He  also  said :  "I  don't  know  of  any 
business  which  carries  so  many  dumb- 
bells as  this  industry."  He  advocated 
the  elimination  of  meddlesome  inter- 
ests in  the  business. 

The  M.P.T.O.A.  head  leaves  for 
the  Middle  West  today  on  the  first 
hop  of  a  swing  through  that  territorj 
iiid  the  south.  He  will  attend  the  con' 
vention  of  the  M.P.T.O.  of  Wiscon- 
sin in  Milwaukee  on  Tuesday  and  then 
goes  to  St.  Louis,  Oklahoma  City, 
Dallas  and  Charlotte,  where  exhibitor 
conventions  are  on  tap.  All  trips  have 
to  do  with  the  code. 


Censor  Cooperation 
In  Penn.  Hoped  For 

(Continued  front    page    1) 

a  result  of  the  recent  visit  of  Samuel 
.Schwartz,  chairman  of  the  Pennsyl- 
vania  board,   to   the    Coast    studios. 

Schwartz  is  understood  to  have  out- 
lined the  attitude  of  the  board  to  studio 
officials  and  to  have  suggested  to  thern 
that  if  they  will  apply  censorship  re- 
strictions to  story  preparation,  the 
board  will   cooperate  on  its  end. 


Hearing  on  Loew's 
Stock  Sale  Dec,  7 

(Continued   from    page    1) 

gold  bond  issue  of  Film  Securities 
which  has  been  in  default  since  April 
1  of  this  year.  The  stock  is  posted 
as  collateral  for  the  bond  issue,  most 
of  which  is  held  by  Chase  National 
Rank.  A  i>etition  of  Film  Securities' 
trustees  to  wind  up  the  affairs  of  the 
company  will  also  be  heard  Dec.  7. 


Lynn  Farnol  Here 

Lynn  Farnol   is  in  town  to  lay  out 

a      campaign      for      the      opening  of 

■■Roman  Scandals"  at  the  Rivoli.  He 

was  on  the  coast  three  months.  No 
date  has  been  set  for  the  New  York 

opening,    but    the    film    is    set   on  the 
coast  for  Nov.  24  at  Grauman's. 


Penn  MPTO  to  Dance 

Philadelphia,  Nov.  16. — Tentative 
dates  for  a  dinner  dance  to  be  given 
by  the  M.  P.  T.  O.  of  Eastern  Penn- 
sylvania, Southern  New  Jersey  and 
Delaware  are   Nov.  26  or  Dec.  3. 


Tashman  to  Chicago 

Lilyan  Tashman  left  for  Chicago 
yesterday  for  personal  appearances  at 
the  Palace.  From  there  she  goes  to 
Hollywood  and  then  back  to  New 
York. 


Stock  Mark-up 
of  $38,285,000 
Told  at  Probe 


(Continued  from   page    1) 

tee  counsel,  announced  that  it  may  be 
necessary  to  bring  William  Fox  be- 
fore the  committee  to  explain  his  par- 
ticipation in  the  Fox-Grandeur  Corp., 
organized  to  take  over  the  assets  of 
the  Mitchell  Camera  Co.  held  by 
Clarke,  and  which  also  was  sold  to 
General  Theatres,  because  of  the 
diversity  of  opinion  over  the  details 
of  the  transaction,  which  revealed  a 
payment  of  $2,000,000  to  Fox  for  a 
half   interest   in    Grandeur. 

Conflicting  statements  by  Clarke 
drew  warning  from  the  committee 
that  falsehoods  would  constitute  "con- 
tempt" or  "perjury,"  when,  after  hav- 
ing testified  last  week  that,  as  presi- 
dent of  the  projector  company  he  had 
no  interest  in  the  Nichols  Power  Co. 
which  it  was  buying,  he  testified  that 
he  had  acquired  all  of  the  stock  of 
the  Power  company  for  $150  a  share 
and  got  $690,000  from  International 
Projector,  which,  Pecora  pointed  out, 
was  at  the  rate  of  $215 'a  share,  a 
profit  to  Clarke  of  more  than  $200,000. 

It  was  also  testified  that  Clarke  had 
purchased  the  stock  of  the  Mitchell 
Camera  Co.  for  $1,475,000  as  an  in- 
termediary for  General  Theatres. 
Grandeur  was  organized  by  him  to 
take  over  the  Mitchell  assets,  valued 
at  $331,960.  He  told  the  committee 
he  sold  the  assets  of  Mitchell  for  what 
they  had  cost  him,  but  the  records  dis- 
closed that  he  was  paid  $3,100,000 
for  the  stock. 


"Women*'  Book  Unusual 

Radio's  art  department,  headed  by 
Barrett  McCormick,  has  turned  out 
one  of  the  most  unusual  press  books 
seen  in  some  time  for  "Little  Wo- 
men." The  outside  part  of  the  three- 
fold booklet  is  done  in  oflfset  with 
lavender  the  predominating  back- 
ground color.  A  full  length  figure  of 
Katharine  Hepburn  is  on  the  first 
cover,  with  posters,  also  done  in  off- 
set, on  the  two  back  covers. 

When  opened  the  booklet  has  three 
smaller  books,  the  outside  covers  of 
which  are  done  in  old-fashioned  wall 
paper  efTects.  One  is  for  publicity, 
another  for  showmanship  and  the 
third  for  advertising.  The  inside  of 
each  of  these  is  done  in  black  and 
white,  with  the  exception  of  the  show- 
manship book  which  is  done  in  three 
colors  and  has  an  assortment  of  nov- 
elty accessories.  The  art  work  was 
done  by  David  Strumpf. 


See  Record  for  "Women" 

A  $15,000  first-day's  gross  for 
Radio's  "Little  Women,"  with  Kathar- 
ine Hepburn,  was  predicted  for  the 
Music  Hall  yesterday  by  RKO  on  the 
basis  of  receipts  up  to  early  evening. 
At  mid-day,  the  take  was  $4  ahead 
of  that  for  "Cavalcade"  for  the  same 
portion  of  its  opening  day.  "Caval- 
cade" holds  the  Music  Hall  record 
with  a  week's  gross  of  $107,600. 

Music  Hall  admissions  were  in- 
creased five  cents  yesterday.  Hand- 
kerchiefs were  on  display  all  day  and 
night  and  colds  weren't  responsible 
for   them. 


MANPOWER  SCORES  A  HIT 
WITH  THIS  FLAMING  SUCCESSOR  TO  "CALL  HER  SAVAGE" 


Your  patrons  always  like 

FOX  MOVIETONE  NEWS 


Clara  Bow  in  the  supreme  dramatic 
performance  of  her  amazing  career. 
Thrills  that  halt  your  pulse  beat. 
Hearty,  robust  laughter  Above  all . . . 
romance  . . .  revealing  the  deep  emo- 
tional currents  of  an  impassioned 
woman's  heart.  Prepare  for  one  of 
your  greatest  profit  runs  of  the  year. 


BOW 

HOOPLA 


with 

PRESTON     FOSTER 
RICHARD  CROMWELL 

Herbert  Mundin   •  James 
Gleason  •  Minna  Gombell 


From  the  play  "The  Barker"  by  JOHN 
KENYON  NICHOLSON.  Stage  play 
produced  by  CHARLES  L  WAGNER. 

Al   Rockett   Production 


Directed  by  FRANK  LLOYI) 


.^*-^.*^ 


Hello!  There  IS  some- 
thing new  under  the 
Hollywood  sun!  It's 
"BLOOD  MONEY" 
and  20th  Century 
makes  it  shine. 


Listen  .  .  .  "BLOOD 
MONEY"  is  packed 
with  entertainment! 
It's  a  triumphal  return 
for  George  Bancroft. 


'Say-George  Bancroft 
is  simply  wonderful 
in  "BLOOD  MONEY" 
and  Frances  Dee  and 
Judith  Anderson  are 
simply  fine.  A  thrilling 
peek-in  on  a  new 
corner  of  crime 


'Yes,  20th  Century  hits^ 
the  bulls-eye  again! 
A  fine   piece   of  en- 
tertainment. 


"Tfwjim  Bwmiik 

At  a  preview  held  il 
raved  over  the  sensationi 


GEOUGE 


1^ 


and  the  sensational  come'Ol 
CHANDLER,  JUDITH  ANDI 
as  JOSEPH  M.  SCHENCj 

DARRYL  R  ZANUCJ 


vlEY" 
st  fas- 
ivorld 
Imed. 


BLOOD  MONEY" 
zips  along  with  mount- 
ing suspense  to  final 
punch.  Here's  a  timely 
theme  excitingly  and 
impressively  handled. 


;rrick     j 

rieon 
■  Alliance 


Here's  a  picture  that 
proves  there  IS  some- 
thing new  under  the 
underworld.  A  grand 
come-back  for 
.George   Bancroft 


"BLOOD  MONEY"  is 
a  fine  piece  of  enter- 
tainment, and  the  dia- 
logue and  situations 
are  exceptionally 
good 


Print  this.. .in  "BLOOD 
MONEY"  you'll  see 
the  best  piece  of  act- 
ing Frances  Dee  has 
yet  done,  as  the  sensa- 
tion -  craving  society 
girl! 


GEORGE  SHAFFER 
Holiywood  correspond 

New  York  Da'tiy  New? 


[ollywood   300  critics 
Dineback  of,». 

MMCHOFT 


F  FRANCES  DEE,  CHICK 
)N  and  BLOSSOM  SEELEY 

resents  the  third  big 
ifiash  for    ♦    ♦ 


20 


TH 


CENTURY 
PICTURES 

Released  Thru 


UNITED  ARTISTS 


NUTS 

GROUCHO 
HARPO  looks 
CHICO  se 

and  the  three  of  them 

drive  ZEPPO 

NUTS! 


to 


LAUGHING    SOUP  ...  Concocted    by   the    greatest 
collection  of  gag  men  in  motion-picture  history . . .  Brewed  by 

the  hand  of  Leo  McCarey,  who  directed  ''The  Kid  From  Spain." 

I 

Decorated    by  any    number    of    maidens    out   of    uniform* 
And  dished  up  by  the  FOUR  MARXES. 


4  P^IAH^  Dn wd 


i/tn^ 


DUCKSOUP 

a    Paramount    Picture,    directed    by   Leo    McCarey.^^. 


f    it's   a    PARAMOUNT    PICTURE    it's    the    best    show  in    town! 


MOTION.  PICTURE 

DA  I L  Y 


Friday,  November  17.   1933 


E.  E.  Shauer 
Passes  Away 
At  His  Home 


ICoiitinued  front   page    1) 

In  the  days  when  Shauer  made  the 
crossing  between  New  York  and 
London  at  least  once  every  year,  he 
was  a  famiHar  figure  on  the  Aquitania 
on  which  he  always  sailed  both  ways. 

In  1905,  Shauer  came  to  New  York 
where  he  associated  himself  with 
Adolph  Zukor,  his  brother-in-law,  and 
Marcus  Loew  in  the  penny  arcade 
business.  When  Famous  Players  Co. 
was  organized  in  1913,  Zukor  brought 
Shauer  into  the  newly-formed  organi- 
zation. He  was  named  assistant 
treasurer  of  the  pioneer  organization. 

Some  years  later,  when  Paramount 
Famous  Lasky  was  created,  Shauer 
was  put  in  complete  charge  of  the 
company's  foreign  business.  Under  his 
leadership,  this  division  of  the  com- 
pany became  one  of  the  most  im- 
portant departments  in  the  corpora- 
tion. With  the  creation  of  Paramount 
International  in  1932,  Shauer  was 
named    vice-president. 

He  was  at  his  desk  in  the  Para- 
mount Building  as  usual  Wednesday 
and  apparently  in  the  best  of  health 
and  spirits.  A  sudden  heart  attack 
at  10  o'clock  yesterday  morning  was 
the  cause  of  his  death.  He  is  sur- 
vived by  his  widow  and  a  son,  Mel- 
ville Shauer,  assistant  to  Albert  A. 
Kaufman  at  Paramount's  Hollywood 
studio.  Mrs.  Adolph  Zukor  is 
Shauer's  sister. 

Funeral  services  will  be  held  Sun- 
day afternoon  at  2  o'clock  from  the 
Universal  Funeral  Chapel.  Burial 
will  be  in  Woodlawn  Cemetery. 

Deep  regret  was  voiced  late  yester- 
day by  Joseph  H.  Seidelman,  at 
present  foreign  sales  manager  of  Col- 
umbia but  Shauer's  right  hand  at 
Paramount  for  about  10  years.  It  was 
Seidelman  who  was  in  charge  of  the 
Paramount  overseas  organization  dur- 
ing the  many  months  of  Shauer's 
illness. 


AMPA  Men  Raise  $47 
Toward  Relief  Fund 

K.xactly  $47  was  contributed  yes- 
terday by  the  A.  M.  P.  A.  for  the 
Film  Daily  Relief  Fund.  Guests  in- 
cluded Ed  Kuykendall,  president  of 
the  M.  P.  T.  O.  A.,  and  Lilyan  Tash- 
man. 

.After  the  meeting  John  Flinn,  pres- 
ident, stated  that  when  the  code  is 
signed  all  advertising  managers  will 
be  called  into  the  Hays  office  for  a 
discusson  on  administering  the  adver- 
tising   clause. 


Widen  Ohio  Lobby  Probe 

CoLUMBLS,  Nov.  16.— Donald  J. 
Hoskins,  county  prosecutor,  is  under- 
stood to  be  widening  the  scope  of  his 
investigations  of  alleged  lobbying  ac- 
tivities during  the  last  legislative  ses- 
sion to  include  producers  and  opera- 
tors. 


Starts  Portable  Circuit 

De.nver,  Nov.  16. — Ray  Raeburn  has 
organized  a  portable  circuit  in  South 
Dakota,  and  will  make  seven  towns, 
one  day  a  week.  The  towns  are  New 
Underwood,  Vale,  Wall,  Keystone, 
Portola,  Neisell  and  Wasta. 


Senators  Adjourn 
Fox  West  Coast  Quiz 


(Continued  from  page  1) 
structure  set  up  to  effect  the  volun- 
tary bankruptcy  of  the  organization. 
Col.  W.  H.  Neblett,  counsel  for  the 
committee,  and  Senators  William  Mc- 
Adoo  of  California  and  Henry  Ash- 
hurst  of  Arizona,  calling  the  whole 
matter  a  "headache,"  adjourned  the 
hearing  by  soliciting  advice  from 
Trustee  W.  H.  Moore,  Jr.,  on  future 
legislation  for  handling  receiverships 
and  bankruptcies  for  future  guidance 
of  the  Senators  present. 

Charles  Skouras  divulged  receiving 
$52,000  a  year  drawing  account  against 
profits  for  operating  the  theatres,  ad- 
ding :  "If  the  theatres  don't  show  a 
profit  I  will  owe  them  money."  He 
also  testified  the  circuit  had  450  houses 
the  day  before  Feb.  27,  when  the  bank- 
ruptcy was  filed.  He  said  the  company 
now  operates  125  in  California,  Ari- 
zona and  Colorado.  Neblett  said  the 
best  houses  held  out  for  a  new  com- 
pany while  others  challenged  the 
legality  of  the  bankruptcy  action. 


Argentine's  Credit 
Plans  Are  Set  Back 

An  extension  of  time  from  tomor- 
row until  Nov.  25  for  accepting  the 
Argentine  government's  plan  for  re- 
leasing blocked  credits  in  that  coun- 
try has  been  made  by  the  Argentine 
Trade  Commission  here  as  a  result 
of  inability  to  reach  all  of  the  Amer- 
ican companies  who  represent  an  es- 
timated total  of  $35,000,000  of  blocked 
credit  in  Argentina.  A  number  of 
those  having  credits  in  the  South 
American  country  are  large  film  dis- 
tributors. 

The  Argentine  government's  plan 
offers  American  concerns  with  credits 
in  that  country  the  choice  of  lending 
their  blocked  funds  to  the  Argentine 
government  for  15  years  at  two  per 
cent  interest  or  for  20  years  at  four 
per  cent. 


Finds  British  Wired 
Houses  Up  to  4,156 

An  increase  in  the  number  of  wired 
houses  in  the  British  Isles  is  reported 
by  T.  P.  Drew,  Erpi  sales  chief 
abroad.  An  analysis  made  by  him 
shows  that  4,156  of  the  4,414  theatres 
in  Great  Britain  are  equipped  for 
talking  pictures.  Of  these  1,666  have 
Western  Electric. 


Plan  ''Earth'*  for  China 

Hollywood,  Nov.  16. — Believing  that 
"Good  Earth"  will  have  a  strong  ap- 
peal in  China,  plans  are  under  way  to 
make  the  Chinese  version  of  this  pic- 
ture with  the  American  version.  Anna 
May  Wong  looms  as  a  possible  remi- 
nine  lead.  If  she  can  not  be  obtained, 
the  actress'  sister  will  be  considered. 


Soviet  Film  at  School 

I'irst  of  a  series  of  film  showings  at 
the  New  School  of  Social  Research 
will  be  held  tomorrow  night,  with  Jo- 
seph Freeman  presenting  "Spring,"  a 
.Soviet  film. 


Palfreyman  West 

David  Palfreyman,  theatre  contact 
at  the  Hays  association,  leaves  for 
Chicago  this  afternoon  and  the  M.  P. 
T.  O.  of  Wisconsin  convention  in 
Milwaukee  next  Tuesday. 


Story  Lack  Forces 
Programmers:  Smith 


Pictures  of  program  calibre  will 
always  be  with  the  exhibitor  because 
there  will  always  be  a  shortage  of 
good  story  material. 

This  was  the  dictum  pronounced 
yesterday  by  Howard  A.  Smith,  story 
editor  for  20th  Century  Pictures,  who 
is  here  from  Hollywood,  he  said,  to  do 
what  he  can  to  prevent  the  Joseph 
Schenck-Darryl  Zanuck  lineup  from 
harboring  any  of  the  so-called  pro- 
gram pictures  which  result  from  in- 
different story  material.  Smith  took 
pains  to  point  out  that  he  was  not 
here  merely  on  a  "story  hunt."  The 
material  he's  after  has  to  be  good,  he 
said,  because  it's  all  intended  for  pro- 
ductions which  will  be  classed  as  "spe- 
cials." 

Smith  said  that  story  departments 
would  like  to  "open  the  doors"  to  un- 
known writers,  but  have  been  taught 
by  unhappy  experience  that  it  doesn't 

p^y-  .  .  , 

"We  once  rejected  a  scenario  by  an 
unknown  authoress,"  he  related  by 
way  of  explanation,  "which  employed 
a  dog  and  a  lake  in  its  story.  Later, 
when  we  produced  a  picture  which 
happened  to  have  a  dog  and  a  river  in 
it,  the  disappointed  woman  sued  us 
for  plagiarism." 

Story  cycles  are  unavoidable.  Smith 
believes,  because  popular  themes  have 
a  way  of  establishing  themselves  with 
the  public  which  is  profitable  to  both 
producer  and  exhibitor,  even  though 
the  life  of  their  popularity  is  a  pretty 
vague  thing  to  determine  and  fre- 
quently catches  napping  both  the  pro- 
ducer who  follows  a  cycle  and  the 
exhibitor  caught  up  in  it.  His  solu- 
tion for  this  is  to  ride  with  the  pro- 
ducer identified  with  the  _  starting  of 
cycles  and  "let  the  devil  take  the 
hindmost." 


/.  F.  Bryson  Starts 
British  Cooperative 

London,  Nov.  16. — Under  the  name 
of  the  Empire  Co-operative  Friend- 
ly Society,  J.  V.  Bryson,  former 
managing  director  of  Universal  here, 
is  sponsoring  a  scheme  to  produce 
British  pictures  and  buy  film_  acces- 
sories on  a  co-operative  basis.  The 
organization  intends  to  produce  suf- 
ficient pictures  to  meet  the  quota  re- 
quirements of  independent  exhibitors. 
TVie  idea  is  somewhat  akin  to  the 
franchise  system  devised  in  Amer- 
ica by  First  National.  Plans  call 
for  12  films  a  year.  Costs  will  run 
from    $50,000    to    $100,000    per    film. 


Dixon  Aids  Buffalo  Dance 

Buffalo.  Nov.  16. — Harry  T.  Dixon 
manager  of  the  RKO  Radio  exchange. 
is\  chairman  of  a  coinmittee  represent- 
ing all  Buffalo  film  distributors  and 
the  downtown  exhibitors  in  promot- 
ing "A  Night  in  Hollywood,"  dance 
and  entertaintnent  for  the  Buffalo 
Eagles,  Nov.  18.  Proceeds  will  pro- 
vide Christmas  baskets  for  Buffalo 
widows  and  orphans. 


Universal  to  Hold  Ball 

The  seventh  annual  ball  'of  the  Llni- 
versal  Club  will  be  held  Saturday, 
Nov.  25,  in  the  Waldorf-Astoria.  The 
setting  will  be  that  of  a  circus  mid- 
way. Charles  B.  Paine  is  president  of 
the  club,  Herman  Stern  is  chairman 
of  the  committee  on  arrangements,  and 
Helen  E.  Hughes  will  have  charge  of 
the  tickets. 


Insiders^  Outlook 


(Continued  from   page   2) 

"Little  Women"  for  production 
in  the  days  of  his  RKO  regime, 
of  course.  Also  tentatively  picked 
Katharine  Hepburn  for  the  role 
of  Jo.  .  .  . 

▼ 

What's  this  about  Herschel 
Stuart  and  the  general  manager- 
ship of  all  Paramount  Publix 
theatres?  .  .  .  Maybe  Terry  Tur- 
ner won't  return  to  RKO  after 
all.  Wonder  what's  happened? 
.  .  .  Iva,  the  Eskimo  gal  in  the 
picture  of  that  name,  couldn't  be 
Anna  May  Wong's  sister,  could 
she?  .  .  . 

KANN 


Tliacher  Is  Master 
For  Claims  on  RKO 

Thomas  D.  Thacher,  former  solici- 
tor general  of  the  U.  S.  and  former 
Federal  District  Court  judge  here,  was 
appointed  special  master  to  hear  con- 
tested claims  filed  against  RKO  by 
creditors,  in  an  order  signed  by  U. 
S.  District  Court  Judge  William 
Bondy  yesterday. 

Thacher,  while  a  District  Court 
judge  in  New  York  in  1929  rendered 
the  decision  which  ended  arbitration 
as  practiced  in  this  industry.  He 
also  headed  the  Federal  investigation 
of  New  York  bankruptcy  practices  of 
several  years  ago.  In  his  capacity 
as  special  master  he  will  hear  all 
creditors'  claims  which  have  been  ob- 
jected to  by  Irving  Trust  Co.,  receiv- 
er for  RKO.  These  aggregate  more 
than  $20,000,000,  exclusive  of  the 
claims  of  Radio  City  against  RKO 
for  defaulted  rent  on  the  two  theatres 
there  and  the  company's  office  space  in 
the  RKO  building  and,  in  addition,  a 
claim  based  on  breach  of  an  agree- 
ment to  pay  the  cost  of  the  two  the- 
atres in  the  event  of  a  rent  default 
on  them.  The  amount  of  this  claim 
has    not    vet    been    determined. 


(t 


Henry  VHP'  Going 
Big  in  Pittsburgh 

Pittsburgh,  Nov.  16. — "The  Pri- 
vate Life  of  Henry  VIII"  is  proving 
to  be  the  Fulton's  best  draw  in  more 
than  a  year  and  will  hold  over  for  a 
second  \yeek,  with  the  possibility  of  a 
third.  On  Saturday,  the  third  day  of 
the  run.  it  did  $2,300  at  a  top  of  35 
cents,  smashing  all  attendance  records 
for  a  day. 

It  will  be  the  first  time  a  picture  has 
been  held  over  at  the  Fulton  since 
"Cavalcade"  last  April. 

Only  four  other  pictures  have  been 
held  over  in  the  more  than  three  years 
that  the  Fulton  has  been  in  existence. 
They  were  "Feet  First,"  two  weeks ; 
"Delicious,"  three  weeks ;  "Bad  Girl,'' 
three  weeks,  and  "The  Big  Drive," 
two  weeks. 


Cleveland,    Nov.    16. — "The    Pri-    _ 
vate   Life   of   Henry   VHI"   is   being   ■; 
held  over  a  third  week  at  the  Allen,    ■ 
despite     a     heavy     snowstorm     which 
blanketed    the    town     earlier     in     the 
week. 


Llf  TLB  WOMEN 

FULFILLS    ITS     PROMISE 

BIGGEST  OPENING  DAY 
IN  SHOW  HISTORY! 

n4,ooo 

AT  WEEKDAY  PRICES 
• 

BEFORE  3   P.  M.    $500 
OVER  THE  HOUSE  RECORD 

* 


HEPBURN 

in  Louisa  M.  Alcott's 

UTTL 

Directed  by  George  Cukor 

MERIAN  C  COOPER, 

Executive  Producer 

Kenneth  Macgowan, 

Associate  Producer 


new  uni^atuyH. 


W/f/7  JOAN  BENNETT,  PAUL  LUKAS,  FRANCES 
DEE,  JEAN  PARKER,  EDNA   MAY  OLIVER, 

Douglass  Montgomery      •      Henry  Stephenson 


HE  REVIEWS  ARE  GREAT 

Use  them  in  newspaper  advertising! 


ANOTHER  CLARK  GABLE! 
A  NEW  VALENTINO! 

This  picture  will  win  every  award.  It  is 
far  and  away  the  best  of  the  year.  Read  the 
critics  in  towns  where  it  opened  last  week! 


PITTSBURGH 

"The  whole  picture  is  simply  splendid.  It  starts  right,  it 
ends  right.  And  every  moment  between  is  filled  with 
suspense  and  just  about  the  best  natural  acting  one  is 
likely  to  see  this  season.  Yes,  even  from  Max  Baer.  The 
picture  is  one  of  the  best  productions  M-G-M  has  turned 
out.  It  clicks  from  the  start.  It  tells  a  believable  story. 
It  is  superbly  mounted.  It  bristles  with  fine  talent." 

—FLORENCE  FISHER  PARRY,  Pittsburgh  Press 

LOUISVILLE 

"One  of  the  best  produced  film  stories  of  the  ring  to 
come  out  of  Hollywood.  The  love  interest  is  skillfully 
handled  and  the  climactic  prizefight  is  a  nifty,  packed 
with  excitement  and  real  ring  thrills." 

—DAN  THOMPSON,  Louisville  Times 

NEW  HAVEN 

"The  most  exciting  film  of  today." 

— New  Haven  Journal  Courier 

ATLANTA 

"Max  Baer  has  a  simply  magnificent  presence;  he  is 
handsome  in  a  very  large  way,  with  the  fondest  pair  of 
shoulders  ever  displayed  on  stage  or  screen.  The  picture 
is  amazingly  worth  seeing." 

—  O.  B.  KEELER,  Atlanta  Journal 


WASHINGTON 

"I  have  no  hesitation  in  listing  it  as  one  of  1933's  most 
entertaining  pictures." 

—ANDREW  R.  KELLEY,  Washington  Times 

COLUMBUS 

"Max  Baer  looks  good.  He  prances  before  the  lens  in 
the  leading  male  role,  exuding  personality  and  laughs. 
He  fairly  oozes  with  the  'what-it-takes'  to  get  the  femi- 
nine audiences." — ^TOD  RAPER,  Columbus  Dispatch 

NEW  YORK 

"^^•^Yl-.-Max  Baer  is  the  most  dazzling  figure. ..in 
his  first  movie  picture  he  flashes  across  the  screen  with 
the  force  of  a  comet. ..has  good  looks,  a  fine  physique... 
he  has  a  clear,  low-pitched  voice  that  is  pleasing... par- 
ticularly to  the  feminine  ear. ..he  has  poise  and  demon- 
strates his  ability  to  act,  sing  and  dance.  He  has  every- 
thing that  a  young  man  needs  to  become  a  success  in  the 
movies. ..I  endorse  it  as  a  swell  moving  picture..." 

—KATE  CAMERON,  News 

"...here  is  a  movie  natural — one  of  the  most  thoroughly 
entertaining  films  that  have  come  along  in  months... 
I  don't  remember  when  I've  had  as  good  a  time. ..acting 
that  is  unbeatable..." 

—WILLIAM  BOEHNEL,  World-Telegram 


YOU'LL  BE  GLAD 
WE  TOLD  YOU  about 
Metro-  Qoldwyn-Nlayer^s 
Surprise  Hit —"THE 
PRIZEFIGHTER 
AND   THE    LADY'' 


You  don't 

need  a  mat 

for  this  ad. 

Set  it  up 

locally! 

It  gets  ^ 

results!  ' 


•"mm 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  118 


NEW  YORK,  SATURDAY,  NOVEMBER  18,  1933 


TEN  CENTS 


Secret  Report 
On  Producers 
StirsTalent 


Made  Some  Time  Ago  for 
Academy  Governors 


Hollywood,  Nov.  17. — A  secret  re- 
port of  Academy  committee  on  the 
operation  of  the  producers'  arbitration 
agreement,  or  anti-raiding  agreement, 
has  become  the  center  of  a,  new  con- 
troversy. 

B.  P.  Schulberg,  a  member  of  the 
committee,  has  written  a  public  letter 
explaining  that  Joseph  I.  Schnitzer, 
another  member  of  the  committee,  had 
consulted  him  about  fiUng  the  report, 
which  is  said  to  be  denunciatory  of  the 
producers'  agreement.  Schulberg  says 
he  went  to  Europe  almost  immediately 
thereafter,  having  told  Schnitzer  he 
should  file  the  report  with  the  board 
of  governors  of  the  Academy  which 
appointed  the  committee.  He  says  he 
has  heard  nothing  of  it  since. 

Howard  Green,,  vice-president  of 
the  Academy,  says  the  report  was  for 
the  information  of  the  governors  and 
(^Continued  on  page  4) 


Casey  Files  Denial 
Of  Coercion  Charge 

Washington,  Nov.  17. — Denial  of 
charges  that  producers  were  forcing 
sound  men  to  join  unions  not  of  their 
own  choosing  was  filed  today  with 
Senator  Robert  Wagner,  chairman  of 
the  National  Labor  Board,  by  Pat 
Casey.  The  latter  presented  docu- 
mentary evidence  to  support  his  claim, 
which  Senator  Wagner  promised 
would  be  studied  before  any  action  is 
taken. 

Reports  to  Washington  a  week  ago 
declared  that  the  I.  A.  T.  S.  E.  was 
(Continued  on  page  4) 


Columbia  to  Hurry 
Its  Russia  Picture 

Columbia  executives  yesterday  de- 
cided to  start  production  immediately 
on  "Red  Square,"  formerly  "Nikolai 
Kourbov,"  by  Ilya  Ehrenbourg,  fol- 
lowing recognitidn  of  Russia  by  the 
United  States.  Lewis  Milestone,  who 
will  direct,  arrives  on  the  lie  de 
France  on  Tuesday  after  making  a 
study  of  conditions  in  Russia.  Sam 
Briskin  is  en  route  from  the  coast  to 
meet  Milestone  and  discuss  produc- 
tion plans.  Laurence  Stallings,  who 
is  preparing  the  script,  recently  was 
abroad  looking  over  Russian  activities. 


Recognition  of  Soviet  Held 
No  Benefit  to  American  Films 

Foreign  managers  and  distribution  executives  here  see  virtually 
no  trade  advantages  accruing  to  the  industry  from  the  formal 
recognition  of  Russia  announced  in  Washington  yesterday  and 
the  resumption  of  normal  trade  relations  with  that  country 
attendant   upon  the   recognition. 

With  Soviet  foreign  trade  on  the  basis  of  a  government  mon- 
opoly, imports  have  been  limited  to  raw  materials  and  machinery 
for  Russian  factories  for  several  years.  Moreover,  Russian  films 
perform  a  government  propaganda  service  and  the  Soviet  censors' 
requirements  automatically  eliminate  the  bulk  of  American  product. 

Similar  views  were  also  voiced  by  Carl  Laemmle  on  his  recent 
return  to  Hollywood  from  Europe  and  by  Washington  officials, 
as  reported  in  Motion  Picture  Daily,  Nov.  4  and  8. 


Reveals  Hand 
Of  Chase  Corp. 
InG.T.E.Deal 


Washington,  Nov.  17. — Vain  ef- 
forts to  secure  a  straight  detailed  ac- 
count of  the  acquisition  by  the  General 
Theatres  Equipment  Corp.  of  com- 
peting companies  again  marked  the 
hearings  of  the  Senatorial  Wall  Street 
committee  today,  and  when  the  com- 
mittee broke  up  it  was  decided  that 
the  matter  will  be  pursued  further 
Tuesday. 

Participation  of  the  Chase  Securi- 
ties Corp.,  a  subsidiary  of  the  Chase 
National  Bank,  in  an  agreement  in 
July,  1929,  by  which  General  Theatres 
acquired  assets  in  several  equipment 
companies,  was  admitted  by  Murray 
W.  Dodge,  former  vice-president  of 
the  securities  company.  Licluded 
(Continued  on  page  3) 


Neilan  Is  Back  as 
Independent  Here 

Associated  Film  Producers  Corp., 
headed  by  Marshall  Neilan,  has  been 
formed  to  produce  features  in  the  east. 
Other  officers  are  John  Bergen,  vice- 
president,  and  John  H.  Dahn,  secre- 
tary-treasurer. On  the  directorate,  be- 
sides the  officers,  are  C.  S.  Peabbles, 
L.  H.  Herman  and  Walter  Lenz. 
(Continued  on  page  3) 


Rumor  Lily  Pons  to 
Sign  Up  with  M-G-M 

Hollywood,  Nov.  17. — Rumors  that 
Lily  Pons  will  enter  pictures  was 
given  added  impetus  following  a 
lengthy  conference  with  Irving  Thal- 
berg  at  M-G-M  on  the  eve  of  her 
(Continued  on  page  3) 


FWC  Claims 
Total  Put  at 
$39,000,000 


Los  Angeles,  Nov.  17. — Claims 
against  Fox  West  Coast  total  $39,000,- 
000,  with  Westco  the  chief  claimant 
for  $16,000,000,  but  this  has  been  cut 
to  about  $11,000,000  by  the  trustees, 
it  was  brought  out  at  the  U.  S.  Senate 
committee  hearing  here. 

Fox  Film  claims  $2,900,000  and 
Chase  National  Bank  $4,400,000,  but 
W.  H.  Moore,  Jr.,  said  this  would  be 
cut  to  about  $3,000,000.  F.  W.  C.  was 
owned  by  Westco,  Westco  by  Fox 
Film  and  Fox  Film  was  controlled  by 
the  Chase  bank,  it  was  testified. 

Moore  said  the  trustees  would  not 
worry  about  an  additional  rnillion,  be- 
cause it  was  "jettisoning  about  $20,- 
000,000." 

"Then,"  said  Col.  W.  H.  Neblett, 
counsel  for  the  investigators,  "this 
(Continued  on  page  3) 


See  No  Change  Due 
To  Shauer's  Death 

Death  of  Emil  Shauer,  vice-presi- 
dent of  Paramount  Liternational,  on 
Thursday,  is  expected  to  bring  no 
changes  in  the  personnel  of  the  com- 
pany's   foreign   organization. 

Shauer  was  senior  vice-president, 
but  it  was  John  W.  Hicks,  Jr.,  also 
(Continued  on  page  3) 


lATSE  Waiting  for 
Code,  Says  Elliott 

The    LA.T.S.E.    is    now    marking 
time  until  the  proposed  code  is  signed 
by  the  President,   Louis   Krouse,  as- 
sistant  to   William  C.   Elliott,   presi- 
(Continued  on  page  4) 


Johnson  "Not 
Satisfied  Yet" 
With  the  Code 


Gives  No  Reason — Denies 
Labor  Is  Displeased 


Washington,  Nov.  17. — Shrouding 
the  film  code  with  a  veil  of  secrecy, 
Recovery  Administrator  Hugh  S. 
Johnson  today  told  newspaper  men  he 
was  "not  satisfied  with  it  yet,"  but 
refused  to  explain  wherein  his  dis- 
satisfaction lay  or  why  he  had  re- 
versed the  position  he  took  two  weeks 
ago  when,  before  his  departure  on  his 
mid-western  trip,  he  instructed  his  ex- 
ecutive assistant.  Colonel  W.  R.  Lea, 
and  Deputy  Administrator  Sol  A. 
Rosenblatt  to  take  the  code  to  the 
White  House  for  approval  by  the 
President. 

Refusing  to  go  into  details  about 
the  code,  the  administrator  denied 
that  studio  labor  had  expressed  any 
objection  to  its  provisions,  saying  it 
had  not  been  charged  that  labor  was 
dissatisfied,  but  that  certain  construc- 
tion interests  desiring  a  low  hourly 
rate  in  their  own  code  were  seeking 
to  have  Rosenblatt's  wage  schedules 
(Continued  on  page  4) 


Code  Delay  Holds 
Up  Jobs  in  Theatres 

Washington,  Nov.  17. — Delay  in 
signing  the  film  code  is  keeping  many 
people  out  of  work. 

A  considerable  number  of  commu- 
nications, it  was  learned  today,  have 
been  received  at  the  White  House 
and  Recovery  Administration  from 
men  and  women  who  have  been  prom- 
ised work  in  theatres  when  the  code 
goes  into  effect  and  additional  em- 
ployes are  required.  The  senders  ask 
that  there  be  no  further  delay. 


Lihson  Back  in  RKO 
Post  at  Cincinnati 

Ike  Libson  has  returned  to  his 
former  post  in  charge  of  RKO  the- 
atres at  Cincinnati  and  Dayton  as  a 
result  of  an  RKO  splitup  of  its  mid- 
west division  which  puts  the  two  Lib- 
(Ccntinued  on  page  4) 


RKO  Claims  a  New 
Music  Hall  Record 

First  day's  gross  for  Radio's  "Little 
Women,"    with    Katharine    Hepburn, 
was  $15,615,  which  establishes  a  new 
(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Saturday,   November    18,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  OflBce 


\ol. 


November    IS,    1933 


No.    118 


Martin  Quigley 
Editor-tn-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 

^•^m^  PUBLISHED  daily,  except  Sunday 
/^l  1  and  holidays,  by  Motion  Picture 
X<|X  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  iV.  H.  Moortng, 
41  Redhill  Drive,  E^igware,  London,  Eng- 
land. Berlin  correspondent:  Joachim  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour    des-Noues. 

Entered  as  second  class  mat- 
ter 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;    Canada    and    foreign:     «»«»•»« 
$15.     Single    copies:    10    cents 


Moran,  Mack  Go  West 

Moran  and  Mack,  who  have  just 
completed  a  series  of  Educational 
shorts  at  the  Eastern  Service  Studios, 
the  latest  of  which  is  "Hot  and  Cold," 
leave  today  for  the  coast  to  complete 
their  contract. 

Al  Christie  directed  those  made 
here,  and  Harry  Edwards  and 
Charles  Lamont  will  handle  the  rest 
of  the  series.  They  are  planning  a 
tour  of  one-night  stands  in  a  new 
skit  called  "Two  Black  Crows  Re- 
view" as  soon  as  the  Educational 
contract  is  finished. 


Milk,  Eggs  and  Ham 

This  year's  theatrical  benefit  for 
the  Milk  and  Egg  League  is  being 
combined  with  the  benefit  for  the 
Actors'  Fund  and  will  be  staged  at  the 
Imperial,  Sunday  evening,  Dec.  17. 
All  talent  and  services  connected  with 
the  benefit  will  be  donated  and  pro- 
ceeds will  be  divided  between  the  two 
funds. 


Ascher  Due  Soon 

Irvitig  Ascher,  head  of  European 
production  for  Warners,  sails  from 
Ix;ndon  Nov.  29.  He  is  coming  over 
for  conferences  with  H.  M.  Warner 
and  Sam  Morris.  Current  foreign 
production  plans  for  Warners  have  a 
total  of  22  scheduled  for  this  season. 
but  this  number  may  be  increased 
after  the  confabs. 


Reach  West  Coast  Today 

Hollywood,  Nov.  17. — George  R. 
Batcheller  and  Maury  Cohen  of  Ches- 
terfield and  Invincible  arrive  from 
New  York  tomorrow.  They  stopped 
over  a  day  in  Chicago  on  their  way 
here. 


L.  O.  Nutter  Dead 

Cincinnati,  Nov.  17. — Lawrence  O. 
Nutter,  45,  brother  of  Edna  Mae  Oli- 
ver, died  suddenly  at  his  home  at 
Covington,  Ky. 


MOTION  PICTURE  DAILY.!$ 
HOLLYWOOD  PREVIEW 


''The  Vinegar  Tree" 

(M-G-M) 

Hollywood,  Nov.  17. — "The  Vinegar  Tree"  is  laden  with  laughter. 
Fast  farce,  sprightly  dialogue  and  unique  situations  carry  through  its 
mirthful  course. 

The  film,  taken  from  the  stage  play,  revolves  around  the  emotional 
yearnings  of  a  flapper  and  her  collegiate  flapjack,  a  neurotic  mama  and 
her  elderly  hubby,  divorcee,  and  her  artist  sweetie.  The  six-love-seekers, 
all  under  one  roof  one  week-end,  with  the  three  females  gushing  over 
Max,  an  artist,  complicate  the  situations  that  create  the  laughs. 

Aside  from  its  humor,  the  production  has  heart  interest  and  registers 
some  neat  observations  on  love — calf,  cow  and  foolish. 

Alice  Brady,  as  the  twittery  mother  whose  heart  is  still  young,  carries 
the  bulk  of  laughs  with  a  breezy  flair.  Lionel  Barrymore  gives  his  usual 
distinguished  performances  as  the  grouchy  understanding  papa  too  old 
for  love.  Mary  Carlisle,  easy  on  the  eyes,  might  well  go  places  on  the 
screen,  if  properly  handled.  Conway  Tearle,  Katherine  Alexander,  Wil- 
liam Janney  and  Halliwell  Hobbes  are  all  good. 

Harry  Beaumont's  direction  is  well  timed  and  paced  for  laughs. 

"The  Vinegar  Tree"  should  keep  audiences  in  a  happy  mood. 


Looking  ^Em  Over 


''White  Woman'' 

{Paramount) 

A  white  jungle  king,  drunk  with  power,  goes  too  far  in  insulting 
native  chiefs.  While  the  tom  toms  beat  and  an  uprising  gathers  force 
the  jungle  despot  is  deserted  by  his  white  wife  and  her  lover  and  awaits 
his  doom  playing  poker  with  another  braggart. 

The  picture  is  vaguely  reminiscent  of  "Emperor  Jones"  in  the  way 
off  stage  sounds  are  used  to  build  an  impression  of  inevitable  doom, 
but  the  central  character,  Charles  Laughton,  instead  of  being  the  lonely 
epitome  of  tragedy  like  Paul  Robeson,  is  a  Cockney  with  a  sardonic 
sense  of  humor.  He  dies  berating  Charles  Bickford  for  being  stabbed 
in  the  neck  at  the  instant  he  has  filled  his  first  royal  flush  in  a  poker 
game.    It  is  a  gruesome,  but  powerful  scene. 

The  love  interest  is  incidental.  Laughton  finds  Carole  Lombard, 
cabaret  singer,  in  a  tropical  community,  about  to  be  deported,  and  takes 
her  to  his  domain  as  a  bride.  She  repulses  him,  but  breaking  his  asso- 
ciates to  his  will  is  his  chief  pastime.  She  falls  in  love  with  his  foreman, 
Kent  Taylor,  and  Laughton  sends  Taylor  to  an  outpost  in  the  jungle. 
Bickford  takes  Taylor's  place  and  is  persistently  repulsed  by  Miss  Lom- 
bard until  the  uprising  takes  place.  Taylor  returns  and  flees  with  Miss 
Lombard.    Bickford  stays  to  out-bluff  Laughton,  and  both  are  killed. 

Some  of  the  motivation  seems  a  bit  unreal  but  the  drama  is  gripping. 
Stuart  Walker  did  a  good  job  of  directing.  Women  may  not  go  for  the 
tragic  ending. 


i  Purely 
Personal  ► 


ETHEL  WATERS  has  been  en- 
gaged by  Magna  Pictures  for  a 
two-reel  musical  which  goes  into  pro- 
duction Nov.  20  under  the  title  "Hot 
and  Bothered,"  with  Leigh  Jason  di- 
recting. She  will  be  supported  by 
Frank  Wilson. 

Charles  Stern,  United  Artists' 
district  manager  for  New  York,  Bos- 
ton and  New  Haven,  has  moved  his 
office  from  the  Boston  exchange  to 
630  Ninth  ave. 

Katharine  Hepburn,  star  in  "Little 
Women,"  current  at  the  Music  Hall, 
is  due  in  town  from  the  coast  over  the 
week-end  to  fill  a  stage  engagement. 

Robert  Shayne  has  completed  a 
five  weeks'  location  trip  to  Fort  Myer, 
Va.,  and  will  leave  New  York  for 
the  coast  in  two  weeks. 

Bob  Faber,  who  edited  Publix 
Opinion  jjntil  it  was  dropped,  is  back 
at  Paramount,  temporarily  handling 
press  books. 

Ed  Kuykendall  left  for  Chicago 
yesterday,  on  his  way  to  Milwaukee 
for  a  Wisconsin  M.P.T.O.  meeting. 

Ruth  Etting,  just  back  from  the 
coast,  will  be  interviewed  over  WEAF 
tonight  at  11  :30  o'clock. 

Elissa  Landi  will  arrive  today  by 
plane  from  Hollywood  for  a  brief 
stay. 

AIark  Hellinger  has  sold  his 
"Strictly  Confidential"  to  Columbia. 

John  Roach  is  the  new  president  of 
the  Philadelphia  Warner  Club. 


Fox  "A"  Only  Gain  Shown 

Net 

High      Low      Close  Change  Seiles 

Columbia    Pictures,    vtc 23"^        23           23K  300 

Consolidated    Film    Industries 3              3             3  —  Vs  200 

Consolidated   Film   Industries,   pfd WA          Wf.          9J^  400 

Eastman   Kodak    735i        72i4        73  1,200 

Fox    Film    "A" 14?4        145^        145i  -f-  }4  200 

Loew's,    Inc 31'/4        29'<^        29-4  —V/z  2.000 

Paramount    Publix    VA          Wi          M  —  14  1,300 

I'athe    Exchange    1^          15^          1^^  800 

Pathe    Exchange    "A" 9%          9             9  —  ^  1,400 

RKO    2J4          2             2  —1/2  1,900 

Warner    Bros 7              6}i          6K  8,100 

Technicolor  Off  Half  on  Curb 

High      L.OW      Close 

Technicolor    IVA        10^        10^ 

Warners  Bonds  Show  Gain 

Net 

High      Low      Close  Change  Seiles 

General  Theatre  Equipment  6s  '40 4             4             4  1 

Keith  B.  F.  63  '46 45            45            45  1 

Paramount    Broadway    Syis    '51 28^        285^        28^4  ~  Va  2 

Paramount  F.  L.  6s  '47 25           25           25  1 

Paramount    Publix    5'As    'SO 25M        25            25^  —  }4  10 

Warner  Eros.  6s  '39,  wd 39^        38           38M  -f-l^  30 


Net 
Change 


Sales 

500 


^'Chance"  Shaved 

Chicago,  Nov.  17. — Olsen  and  John- 
son have  been  booked  by  the  RKO 
Palace  here  for  two  weeks  beginning 
Dec.  15,  in  a  condensed  version  of 
their  stage  show,  "Take  a  Chance," 
following  which  the  musical  comedy 
will  make  a  tour  of  legitimate  the- 
atres in  its  original  form. 


Pola  Negri  Recovering 

Pittsburgh,  Nov.  17. — Sufficiently 
recovered  to  travel.  Pola  Negri,  who 
was  stricken  ill  here  last  week  after 
the  final  performance  of  "A  Trip  to 
Pressburg"  at  the  Nixon,  has  left  for 
New  York,  where  she  intends  to  take 
a  two-month  rest  cure  in  a  sanitarium. 


Guild  Roster  Up  to  550 

Hollywood,  Nov.  17. — Seventy-five 
more  members  have  been  added  to  the 
Actors'  Guild,  bringing  the  total  to 
550.  A  banquet  and  ball  are  planned 
for  the  Biltmore  on  Jan.  13,  30  days 
before  the  Academy  awards  dinner. 


Much  Excitement 

"Dancing  Lady"  print  hit  M-G-M 
from  the  coast  yesterday,  was  immedi- 
ately screened  and  created  much  ex- 
citement around  the  home  office. 


Einfeld  to  Coast 

S.  Charles  Einfeld,  director  of  adver- 
tising and  publicity  for  Warners, 
leaves  for  Hollywood  on  Wednesday. 


I 


Saturday,   November    18,    1933 


MOTION  PICTURE 

DAILY 


FWC  Claims 
Total  Put  at 
$39,000,000 


(Continued  from  page    1) 

bankrupt  could  purge  itself  by  paying 
that  outside  million,  because  all  the 
other  claims  likely  to  be  allowed  are 
owed  to  itself." 

"Not  if  they  form  just  one  more 
company,"  interposed  Senator  Henry 
Ashurst  of  Arizona,  "because  what's 
one  more  company  to  Fox  West 
Coast?" 

Ashurst  also  inquired  about  the  his- 
tory of  the  Winfield  Sheehan-William 
Fox  struggle  for  control  of  the  com- 
pany, and  asked :  "What  has  become 
of    Mr.    Fox  ?" 

Senator  William  G.  McAdoo  re- 
plied by  saying :  "Mr.  Fox  got  out 
without  any  stock,  but  with  a  huge 
fortune.  He  was  the  wisest  guy  of 
all." 

During  the  testimony  of  Moore, 
Neblett  suggested  that  by  divesting  it- 
self of  paying  houses  and  retaining 
non-profit  houses  for  the  bankruptcy 
action  the  company  had  "deliberately 
killed  itself." 

Moore  replied :  "No,  it  protected  it- 
self." He  then  went  on  to  explain 
that  prior  to  the  bankruptcy  F.  W.  C. 
was  losing  $17,000  weekly  on  closed 
houses  and  the  bankruptcy  permitted  it 
to  divest  itself  of  many  leases.  Total 
losses  prior  to  the  bankruptcy  ran  to 
$25,000  weekly,  he  said.  A  new  com- 
pany formed  after  readjustment  of 
leases  has  taken  over  the  assets  and 
has  effected  a  saving  of  $29,000  month- 
ly  on    rents. 

Moore  revealed  that  the  original 
company  prior  to  the  bankruptcy 
owned,  or  held  direct  leases  on.  65 
houses,  but  retained  only  30  or  35  of 
these  in  the  bankruptcy  list,  others 
having  been  transferred  to  a  new  com- 
pany. Fox  West  Coast  Theatres  Corp. 

Asked  who  was  running  the  new 
company,  Moore  said  the  trustees 
were,  meaning  himself,  Charles  Skour- 
as  and  C.  C  Irwin.  He  said  the 
trustees  meet  daily  at  2  P.  M.  to  dis- 
cuss the  affairs  of  the  company.  Re- 
plying to  a  question,  he  said  he  did 
not  think  the  old  company  could  be 
revived. 

Commenting  on  the  pyramiding  of 
the  corporations,  Senator  Ashurst 
said : 

"They  were  not  }:olding  companies, 
but   hideout   companies." 


Rumor  Lily  Pons  to 
Sign  Up  With  M-G'M 

(Continued  from  page    1) 

departure  for   New   York  to  begin  a 
concert  tour. 

Although  there  was  no  verification 
from  the  studio  that  an  agreement  had 
been  reached,  there  were  no  denials 
that  a  deal  was  in  the  air. 


Cooper  in  Today 

Gary  Cooper  arrives  from  the  coast 
today  and  will  remain  for  about  two 
weeks.  He'll  take  in  the  premiere 
of  "Design  for  Living"  at  the  Cri- 
terion, Nov.  22. 


Skouras  Moves 

Skouras  Theatres  Corp.  has  moved 
from  the  fourth  to  the  14th  floor  in 
the  Paramount  building. 


Neilan  Is  Back  as 

t 

Independent  Here 

(Continued  from   page   1) 

Neilan    will    have    charge   of   produc- 
tion. 

The  new  company  says  it  plans  to 
make  pictures  "with  eastern  back- 
grounds and  scenery  and  with  new 
faces  unattainable  in  the  west."  Its 
first  production,  "Social  Register,"  is 
under  way  at  the  Eastern  Service 
studio  in  Astoria  and  will  be  released 
by  Columbia  in  January.  Neilan  is 
directing  with  William  De  Mille 
as  associate  producer.  The  cast  is 
headed  by  Colleen  Moore,  who  is  sup- 
ported by  Pauline  Frederick,  Alex- 
ander Kirkland,  Margaret  Livingston, 
Charles  Winninger,  Ross  Alexander, 
Roberta  Robinson,  Olive  Olsen  and 
Georgette  Harvey.  Harold  Godsoe  is 
assisting  in  the  direction  with  Merrit 
Gerstad  and  Walter  Strenge  at  the 
camera.  "Social  Register"  is  from  the 
play  by  John  Emerson  and  Anita 
Loos,  adapted  by  James  A.  Creelman. 


RCA  Equipment  Set 
For  Biograph  Plant 

Negotiations  with  the  RCA  Victor 
Co.  for  the  installation  of  its  "High 
Fidelity"  sound  recording  system  in 
the  Biograph  studio  in  the  Bronx 
have  been  completed,  it  was  learned 
yesterday.  When  the  job  is  finished 
at  the  end  of  this  month,  the  plant, 
it  is  claimed,  will  be  on  a  footing 
with  the  leading  Hollywood  studios 
as  far  as  technical  facilities  are  con- 
cerned. 

Two  sound  stages,  each  approxi- 
mately 80  by  120  feet,  will  be 
equipped  with  Photophone.  Both 
stages  have  already  been  sound- 
proofed preliminary  to  the  installation 
of  the  equipment,  while  work  on  sound 
control  rooms  is  now  in  progress. 
Reproducing  apparatus  of  the  same 
type  will  be  used  in  the  projection 
room  of  the  studio,  which  is  expected 
to  open  early  next  month. 


/.  E.  Chadwick  Plans 
For  Four  This  Year 

I.  E.  Chadwick  plans  four  features 
for  state  right  distribution  this  season. 
The  first,  "Wine,  Woman  and  Song," 
with  Lilyan  Tashman  has  been  com- 
pleted. 

Charles  Jones  yesterday  rejoined 
Chadwick  in  charge  of  publicity  and 
advertising  and  will  open  a  New  York 
office  for  the  company. 


Para.  Meeting  Delayed 

An  adjourned  first  meeting  of  Par- 
amount Publix  creditors  scheduled  for 
yesterday  before  Referee  Henry  K. 
Davis  was  postponed  until  Nov.  22. 
John  Hertz,  former  chairman  of  the 
Paramount  finance  committee,  will 
resume  testifying  on  that  date. 


Kandel  Buys  3-Reeler 

M.  J.  Kandel,  president  of  Ideal 
Pictures  Corp.,  has  bought  "Golden 
Ghosts,"  a  three-reeler  produced  by 
Bob  Tansey  and  A.  Lane.  It  will  be 
distributed  in  the  states  rights 
market. 


Break  for  Soup  Lovers 

A  Thanksgiving  Eve  party  is 
planned  by  studio  and  laboratory  staffs 
of  the  Brooklyn  Vitaphone  studio,  to 
take  place  on  one  of  the  sound  stages. 


See  No  Change  Due 
To  Shauer's  Death 


(Continued  from    paae   1) 

a  vice-president,  who  carried  the  bur- 
den of  the  department's  administration 
in  view  of  the  former's  long  and  lin- 
gering illness.  Hicks,  for  11  years 
prior  to  his  promotion  and  transfer 
to  New  York,  was  in  charge  of  all 
Paramount  activities  in  Australia. 

Between  80  and  90  cablegrams  of 
condalence  reached  New  York  yester- 
day, many  of  them  from  companies 
and  individuals  not  identified  with 
Paramount. 


Keen  Over  Exchange 
Of  U.  K,-U,  S.  Talent 

Expressing  their  opinion  that  the 
proposed  interchange  of  players  be- 
tween Fox  and  Gaumont  British 
would  do  much  toward  improvement 
of  product  and  relations  between  Eng- 
land and  United  States,  officials  of  the 
two  companies  met  at  a  lunch  at  the 
Canadian  Club  yesterday  in  honor  of 
Jack  Hulbert  and  Cicely  Court- 
neidge,  G.  B.  stars  now  on  vacation  in 
New    York. 

Present  from  Gaumont  British  of 
America  were  Arthur  Lee,  president 
who  gave  the  lunch,  and  Lowell  V. 
Calvert,  sales  manager.  From  Fox 
were  W.  C.  Michel,  Dan  Michalove, 
Clayton  Sheehan,  Robert  T.  Kane,  D. 
A.  Doran,  Spyros  Skouras,  Charles 
E.  AlcCarthy,  N.  L.  Ahern,  Irving 
Maas  and  Joe  Pincus.  N.  L.  Nathan- 
son,  whose  Regal  Films  handles 
G.   B.   in  Canada,   was  another  guest. 


Kansas  City  Union 
Stay  Is  Continued 

Kansas  City,  Nov.  17.— Injunction 
suit  of  the  suburban  Sun  Theatre 
against  Local  170,  has  been  continued 
indefinitely  in  the  Circuit  Court  here 
because  of  the  absence  from  the  city 
of  the  union's  counsel.  The  issue  in- 
volved is  whether  the  union  shall  be 
permitted  to  picket  the  house,  where 
the  owners  operate  their  own  machines. 
Meanwhile,  the  temporary  restraining 
order  remains  in  effect. 


Fear   Scandinavian   Ban 

Denmark,  Nov.  17. — Fear  is  ex- 
pressed by  American  companies  that 
stoppage  of  film  importations  here 
will  spread  to  Scandinavia,  including 
Norway,  Sweden  and  Finland.  Peter- 
son and  Poulson,  Danish  inventors, 
claim  their  noiseless  recording  patents 
date  before  Erpi's,  which  process  is 
used  by  American  companies. 


''Alice''  for  Paramount 

Negotiations  between  RKO  and 
Paramount  falling  through,  "Alice  in 
Wonderland"  goes  into  the  Para- 
mount, New  York,  Christmas  week. 
RKiO  wanted  the  picture  for  the  Mu- 
sic Hall  on  the  same  week.  Brooklyn 
Paramount  also  gets  the  Lewis  Car- 
roll  film  starting  Dec.   22. 


Reveals  Hand 
Of  Chase  Corp. 
In  G.  T.  E.  Deal 


Flinn  to  Act  for  Wampas 

John  Flinn,  president  of  the  A.  M. 
P.  A.,  will  represent  the  Wampas  in 
addition  to  his  organization  when  ad- 
vertising managers  of  all  companies 
are  called  for  conferences  at  the  Hays 
office  on  administering  the  advertising 
clause  in  the  code. 


(Continued  from    pane    1) 

among  the  companies  acquired  were 
the  Mitchell  Camera  Co.  and  Interna- 
tional   Projector. 

The  Mitchell  company  was  ac- 
quired by  a  circuitous  method,  its 
assets  first  being  purchased  by  Har- 
ley  L.  Clarke,  then  by  the  Mitchell 
Camera  Corp.,  then  by  Fox-Grandeur 
and  finally  by  General  Theatres  tak- 
ing a  half  interest  in  Grandeur.  No 
reason  for  the  involved  method  of  pur- 
chase could  be  given  by  Dodge,  who 
denied,  however,  that  it  was  to  "hide" 
the    transaction. 

The  method  by  which  William  Fox 
acquired  a  half  interest  in  Grandeur 
remained  uncovered  after  two  days' 
investigation,  although  Dodge  told  the 
committee  that  Clarke  "found  compe- 
tition" in  Fox  when  he  sought  to  pur- 
chase the  Mitchell  company. 

The  committee  also  inquired  into  the 
issuance  by  General  Theatres  of  $6,- 
000,000  in  gold  debentures,  in  the 
financing  of  which  Chase  Securities 
participated.  Dodge  explaining  that 
it  was  the  intention  of  Clarke  to  issue 
60,000  shares  of  convertible  preferred 
stock  but  that  the  securities  company 
objected.  The  debentures  were  sold  to 
the  bankers  at  $90  and  to  the  public  at 
$99,  it  was  revealed. 


FWC  and  Fox  Studio 
Men  Start  Sessions 

Hollywood,  Nov.  17. — The  first  of 
a  series  of  semi-monthly  meetings  be- 
tween Fox  West  Coast  divisional  man- 
agers and  advertising  department  and 
the  studio  publicity  staff  has  been  held 
at  the  Movietone  plant. 

The  meetings  are  under  the  guidance 
of  Arch  Reeve,  Fox  publicity  head, 
and  Reeves  Espee  of  West  Coast, 
who  are  working  toward  closer  rela- 
tions  between   the   two   organizations. 


Cohen  to  Look  Over 
Sites  on  the  Coast 

Los  Angeles,  Nov.  17. — Louis 
Cohen,  handling  real  estate  deals  for 
F.  &  M.,  is  due  here  Monday  from 
New  York  to  look  over  various  the- 
atre sites  in  which  F.  &  M.  is  inter- 
ested. 

In  addition  to  this,  Cohen  will  spend 
the  holidays  with  his  family  and  get 
a  bit  of  rest. 


Brown  in  Pittsburgh 

Pittsburgh,  Nov.  17. — Joe  E. 
Brown  is  in  town  on  his  way  from  the 
Coast  to  New  York  and  will  spend  the 
week-end  here,  taking  in  the  Pitt- 
Nebraska  football  game.  A  great  per- 
sonal friend  of  Jock  Sutherland,  the 
Pitt  coach,  and  always  a  booster  for 
the  local  football  team.  Brown  also 
came  on  her  last  fall  to  see  the  Pitt- 
Notre  Dame  clash. 


Editing  14  Vitaphones 

The  cutting  room  at  the  Brooklyn 
Vitaphone  studio  is  busy  on  14  shorts, 
comprising  two  three-reelers,  five  two- 
reels  and  seven  one-reel  subjects.  One 
of  the  three-reelers  stars  Molly 
Picon ;   the  other.   Norma   Terris. 


MOTION  PICTURE 

DAILY 


Saturday,   November    18,    1933 


Johnson  "Not 
Satisfied  Yet" 
With  the  Code 


Looking  Over  Shorts 


(.Continued  from  page  1) 
deleted  lest  they  be  considered,  with 
their  higher  rates,  a  precedent.  The 
presence  of  Pat  Casey  in  Washington 
is  understood  to  concern  the  reclassi- 
fication of  the  studio  labor  provision. 

It  was  explained  by  Johnson  that 
Lea  held  the  code  up  with  his  knowl- 
edge and  approval.  This  was  followed 
by  a  statement  that  "it  has  got  to  be 
acted  on  in  the  next  week,"  although 
he  would  give  no  reason  for  tlie  sudden 
desire  to  dispose  of  the  code,  which 
has  been  hanging  fire  for  weeks. 

Since  his  return  to  Washington, 
Johnson  said,  he  has  not  discussed  the 
code  with  the  President,  nor  has  he 
had  an  opportunity  _to  take  it  up  with 
Lea. 

It  was  learned  today  that  the  code 
has  been  returned  to  Johnson  by  Lea 
with  a  report  which  is  understood  to 
dwell  unfavorably  upon  certain  clauses, 
the  identity  of  which  was  not  re- 
vealed. 


Casey  Files  Denial 
Of  Coercion  Charge 

(.Continued  from  paqe  1) 
complaining  that  studio  employes  were 
not  being  permitted  to  choose  the 
union  they  were  to  join.  It  was  re- 
ported today,  however,  that  men  were 
being  forced  by  the  producers  to  join 
both  the  I.  A.  T.  S.  E.  and  I.  B. 
E.  W-  Casey,  however,  denied  that 
any  effort  at  compulsion  is  being 
made. 


"The  Pet  Shop" 

(.United  Artists) 
In  this  one  Walt  Disney  puts 
Mickey  Mouse  through  a  series  of 
antics  after  he  gets  a  job  in  a  pet 
shop  run  by  a  big  Italian  who  sings 
opera.  Mickey  sweeps  a  broken  pack- 
age of  bird  seed  into  a  pelican's  gap- 
ing bill,  an  ostrich  swallows  another 
package  which  makes  him  whistle. 
Then  he  follows  it  by  swallowing  an 
umbrella.  An  orang-utan  thinks  he 
is  King  Kong  and  starts  wrecking 
the  shop  aiter  he  grabs  Minnie,  but  all 
the  birds  and  mice  and  other  pets 
come  to  the  rescue.  It's  good  for  a 
series  of  laughs.  Running  time,  8 
mins. 


'Scouring  the  Seven  Seas' 

(Fo.v) 
An  "Adventure  of  the  Newsreel 
Cameraman"  dealing  with  catastrophes 
of  the  sea.  Interesting  shots  are 
shown  of  liners  sinking  and  burning 
while  the  crews  are  being  rescued  by 
passing  steamers.  Tidal  waves  on  the 
coasts  of  South  America  and  Japan 
and  the  havoc  they  caused,  are  breath- 
taking. Other  shots  of  storms  and 
hurricanes  encountered  by  camera- 
men while  at  sea  are  also  shown.  Run- 
ning time,  9  mins. 


lATSE  Waiting  for 
Code,  Says  Elliott 

(Continued  from   page   1) 

dent,  stated  yesterday  on  his  return 
from  Washington  and  Philadelphia. 
He  stated  that  as  far  as  he  knew 
there  were  no  changes  in  the  labor 
clause  of  the  third  draft,  which  pro- 
vides for  a  40-hour  week  for  all 
organized  crafts. 

Whether  the  International  will 
open  an  office  in  Washington  depends 
on  the  amount  of  work  to  be  done 
in  the  capital,  Krouse  stated.  Elec- 
tions of  the  national  labor  organiza- 
tion take  place  some  time  in  June, 
the  exact  date  and  place  to  be  de- 
termined by  the  board  of  directors  at 
a  meeting  in  January. 

All  organized  crafts,  in  the  industry 
have  signed  the  code. 


Vitaphone  and  Erpi 
Argument  Is  Heard 

Dover,  Nov.  17. — Additional  argu- 
ment was  heard  today  by  the  Supreme 
Court  in  the  suit  of  Vitaphone  against 
Erpi.  The  case  was  argued  first  on 
Oct.  24,  but  today's  hearing  was  to 
clear  up  one  point.  Decision  was  re- 
served. 


Brisson  Due  in  Jan. 

Carl  Brisson,  Danish  actor  who  has 
made  a  name  for  himself  in  British 
pictures,  is  due  in  New  York  after 
the  first  of  the  year  to  start  work  on 
a  term  Paramount  contract. 


"Island  of  Malta** 

(Fox) 
This  one  maintains  the  high  stan- 
dard of  the  Magic  Carpet  of  Movie- 
tone travel  shorts.  It  offers  a  short 
respite  from  the  every  day.  Life  and 
customs  in  this  British  stronghold  off 
the  southern  coast  of  Sicily  are  de- 
picted by  the  camera  in  a  series  of 
beautiful  shots  filled  with  unflagging 
interest.     Running  time,   10  mins. 


"Luncheon  at  Twelve** 

(M-G-M) 
Charlie  Chase  does  not  fare  better 
than  average  in  a  comedy  too  flimsy 
to  amount  to  much.  The  comedian, 
again  as  the  timid  lover,  gets  him- 
self a  job  as  a  painter  assisting  the 
father  of  the  girl  he  loves.  Put  a 
can  of  paint  and  a  paint  brush  in  the 
hand  of  a  funster  on  the  screen  and 
you  know  what  to  expect.  Charlie  and 
his  fellow  workers  make  a  mess  of 
things.  The  humor  is  never  more  than 
mild.  Produced  by  Hal  Roach.  Run- 
ning time,  20  mins. 


"Canal  Gypsies** 

(Ideal) 
Life  on  the  waterways.  Here  is  a 
subject  which  shows  how  the  occu- 
pants of  the  boats  which  daily  make 
the  rounds  up  and  down  the  river  live. 
The  scene  is  laid  in  rustic  England. 
The  running  monologue  is  interesting. 
Running  time,  9  mins. 


"Newslaughs** 

(Beverly  Hills) 
Topics  of  the  day  culled  from  news- 
papers throughout  the  country  can 
bring  laughs.  In  addition  Irvin  S. 
Cobb  appears  on  the  screen  twice  to 
narrate  what  he  considers  the  best 
stories  of  the  week.  Only  one  got  a 
laugh  at  the  Mayfair.  It's  entertain- 
ing.    Running  time,  9  mins. 


"Please** 

(Paramount) 
Bing  Crosby  sings  a  couple  of  num- 
bers, among  them  "Please."  He  goes 
on  a  vacation  incognito,  meets  his 
light  o'  love  in  a  mountain  retreat 
and  vies  with  Vernon  Dent  for  her 
hand.  He  sings  his  way  into  her 
heart  and  when  she  finds  out  who  the 
crooner  really  is  she's  upset  for  the 
moment,  but  his  rendition  of  "Please" 
makes  her  capitulate.  A  very  enter- 
taining number.  Running  time,  21 
mins. 


"Million  Dollar  Melody** 

(Educational) 
One  of  the  first  of  the  Educational 
musicals  made  over  on  Long  Island 
and  rates  average  at  best.  It  has  to 
do  with  efforts  of  musical  Eddie 
Craven  to  sell  his  music  and  suc- 
cess that  comes  only  after  his  alleged 
death.  Best  thing  in  the  picture  is 
the  hot-cha  singing  of  Lillian  Roth. 
She  knows  how  to  put  over  a  number 
and  clicks  that  way  here.  Running 
time,  21  minutes. 


"Mickey*s  Tent  Show*' 

( Columbia) 
A  Mickey  McGuire  comedy.  Mic- 
key's gang  stages  a  tent  show  in  spite 
of  opposition  from  the  rival  gang 
which  tries  to  drown  out  the  enter- 
tainment with  a  borrowed  radio.  An 
impersonation  of  Mae  West  by  a 
member  of  Mickey's  gang  in  an  act 
for  the  tent  show  is  an  amusing  bit. 
This  one  is  about  equal  in  entertain- 
ment with  the  rest  of  the  Mickey  Mc- 
Guire series.    Running  time^  18  mins. 


"Three  Little  Swigs** 

(Paramount) 
Leon  Errol  is  the  whole  show  in 
this  comedy.  Without  him  and  his 
funny  legs  this  would  be  something 
else  again.  Errol  appears  in  the  role 
of  a  hubby  who  has  a  genius  for  get- 
ting himself  in  embarrassing  situa- 
tions with  women,  though  innocently. 
His  constant  efforts  to  square  himself 
with  his  wife  are  productive  of  con- 
siderable humor.  Running  time,  21 
mins. 


*  Answering  the  Riot  Call* 

(Fox) 
Another  of  the  "Adventures  of  the 
Newsreel  Cameraman"  series  dealing 
with  riots  throughout  the  world.  Par- 
ticularly striking  are  the  shots  of  the 
disturbances  in  India,  and  in  Union 
Square,  New  York.  Views  of  the 
police  battling  the  rioters  abound. 
Some  of  the  scenes  taken  in  Central 
Europe  show  history  in  the  making. 
Running  time,   9  mins. 


"The  Mystic  East** 

(Ideal) 
The  intimate  lives  of  the  natives 
of  Korea,  Java  and  Samoa  constitute 
the  makings  of  this  travelogue,  which 
has  a  running  descriptive  monologue. 
The  natives  at  work  and  play  are 
caught  by  the  camera.  At  times  the 
photography  is  not  clear.  This  subject 
has  nothing  to  distinguish  it  from 
other  travelogues.  Running  time,  10 
mins. 


Secret  Report 
On  Producers 
StirsTalent 


(Continued  from   page   1) 

was  never  intended  for  revelation  be- 
fore the  full  membership,  but  that  it 
has  been  filed  with  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt  by 
Lester  Cowan  as  a  protest  against  in- 
clusion of  an  anti-raiding  clause  in 
the  code  as  Article   10  or  5. 

The  history  of  the  agreement  ap- 
pears to  be  that  the  Academy  has 
never  acceded  to  it.  It  was  first  pro- 
mulgated in  December,  1931,  by  the 
producers  and  Edwin  J.  Loeb  was  em- 
ployed to  administer  it.  The  Acad- 
emy board  refused  to  endorse  the 
agreement,  but  said  that  if  certain 
modifications  were  made  it  would  ap- 
point a  committee  to  observe  its  opera- 
tion for  one  year,  and  then  report  its 
findings.  These  modifications  were 
made  and  the  year  ended  July  12.  A 
secret  report  was  then  made  and  Loeb 
resigned. 


RKO  Claims  a  New 
Music  Hall  Record 

(Continued  from   page   1) 

record  for  both  dollars  and  number  of 
admissions  for  a  first  day's  perform- 
ance at  Radio  City  Music  Hall,  RKO 
reported  yesterday.  The  figure  is  ap- 
proximately $1,000  more  than  the  pre- 
vious first-day  record  established  by 
Fox's  "Cavalcade"  and,  despite  a  five- 
cent  boost  in  admission  prices  for  the 
Hepburn  picture,  represents  30  more 
admissions  than  were  clocked  for 
"Cavalcade,"    according   to    RKO. 


Libson  Back  in  RKO 
Post  at  Cincinnati 

(Continued  from   page   1) 

son  cities  in  one  section  and  Cleve- 
land and  Columbus  in  another.  Nat 
Holt  has  been  placed  in  charge  of 
the   latter  division. 

The  changes,  effective  immediately, 
also  result  in  the  assignment  of  Ar- 
thur Frudenfeld  to  Cincinnati,  under 
Libson. 


George  Brown  Returning 

Hollywood,  Nov.  17.  —  George 
Brown  leaves  for  New  York  on  the 
Chief  tomorrow.  .  He  gets  into  the 
home  office  Tuesday. 


CLASSIFIED 
DIRECTORY 

WHERE    TO   GET 
WHAT    YOU    WANT 


EQUIPMENT 


S.   O.    S.   CORPORATION 

Used  Equipment   Bought  and  Sold 

Lareest  Clearing  House  in  Show  Butlnesi 

1600  Broadway         CH.   4-1717         New  York  Clt» 


PROJECTION  ROOMS 


AUDIO  PUBLIX  PBOJECTION  BOOM.  INC. 
Efficient   Serrlce   with   BCA    Sound — Lowest   Batei 
Room    714.    830    -    9tb    Ave..    CHlckerlne    4-641S 


J 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO,  119 


NEW  YORK,  MONDAY,  NOVEMBER  20,  1933 


TEN  CENTS 


Chicago  Sees 
Repeal  with 
Mixed  Views 


Neighborhoods    Worried, 
But  Loop  Hopeful 


Chicago,  Nov.  19. — Opinion  here 
is  about  equally  divided  on  the  effect 
of  repeal  at  box-offices.  Neighborhood 
exhibitors  claim  that  the  advent  of 
2>2  didn't  do  their  business  any  good 
and  fail  to  see  where  repeal  is  going 
to  affect  their  business  differently. 

In  fact  since  beer  came  it  has  cut 
into  neighborhood  business  to  a  con- 
siderable extent  through  the  develop- 
ment of  the  so-called  taverns.  These 
spots,  with  which  Chicago  is  well 
spotted,  are  not  only  dishing  out  the 
brew  but  are  proving  family  hangout 
places. 

With  free  sandwiches,  free  fish  on 
Fridays  and  plenty  of  pretzels  always, 
{Continued  on  page  6) 


Publix-Saenger 
Deal  Is  About  Set 

A  partnership  deal  between  Para- 
mount Publix  and  E.  V.  Richards 
covering  operations  of  the  Saenger 
theatres  in  the  South  on  Saturday  was 
reported  to  have  entered  its  final 
stages. 

It  is  understood  that  the  plan  pro- 
vides for  immediate  removal  of  Saen- 
ger Theatres  from  receivership  and 
that  this  phase  of  the  impending  deal 

(Continued  on  page  8) 


Chicagoans  Invited 
To  Milwaukee  MPTO 

Chicago,  Nov.  19. — Exhibitors  and 
exchange  managers  here  have  been  in- 
vited by  Fred  S-  Meyer  to  attend  the 
Tuesday  meeting  of  the  M.P.T.O.  of 
Wisconsin  at  Milwaukee  which  is  to 
be  addressed  by  Deputy  NRA  Ad- 
ministrator  Sol  A.   Rosenblatt. 

Jack  Miller  will  attend,  as  Rosen- 
blatt is  not  scheduled  to  deliver  any 
talks  here. 


Pali  to  Take  Over 
Circuit  on  Nov.  21 

New  Haven,  Nov.  19.— S.  Z.  Poll 
in  all  probability  will  operate  his  for- 
mer circuit  himself  when  the  houses 
revert  to  Poli-New  England  on  Nov. 
21.  It  is  reported  here  that  Poli  was 
dissatisfied  with  the  offer  made  by 
Loew's,  because,  it  is  said,  the  reputed 
$10,000  weekly  rental  figure  would  not 
(Continued  on  page  6) 


Drop  Reported 
In  Violations 
Of  Copyrights 

Sharp  Rise  in  "Payable" 
Playing  Time  Results 


A  gradual  falling  off  in  tl^^  number 
of  copyright  violations  by  exhibitors 
has  been  particularly  marked  for  the 
past  eight  months,  although  the  trend 
was  established  more  than  a  year  ago 
following  establishment  of  a  campaign 
by  the  Copyright  Protection  Bureau 
to  prevent  violations  by  educating  ex- 
hibitors against  illegal  trade  practices, 
the  bureau  reports. 

The  decreasing  violations  have 
brought  about  a  considerable  increase 
in  "payable"  playing  time  throughout 
the  country,  and  so  marked  has  the 
decrease  in  unauthorized  holdovers  of 
pictures  become  that  distributors  have 
noted  the  resultant  benefits  and  now 
comment    on    it    with    increasing    fre- 

(Continucd  on  page  6) 


Yates  and  Hirliman 
Signing  Up  Talent 

Herbert  J.  Yates,  president  of  Con- 
solidated Films  Industries,  and  George 
Hirliman,  who  are  now  on  the  coast 
are  lining  up  talent  for  the  latter's 
production  venture  at  the  Biograph 
studio.  Writers,  directors  and  play- 
ers are  being   signed. 

Hirliman  plans  to  make  six  pic- 
tures in  the  east  with  Consolidated 
backing  to  the  tune  of  $350,000.  Yates 
and  Hirliman  return  in  three  weeks 
and  expect  to  start  work  on  the  first 
story   immediately. 


Ohio's  Lobby  Probe 
Suspended  by  Jury 

Columbus,  Nov.  19. — The  Franklin 
County  Grand  Jury  has  adjourned  its 
investigation  of  alleged  theatre  lobby- 
ing against  the  10  per  cent  tax  subject 

(Continued  on  page  6) 


Sees  No  Code  Talk 

Joseph  M.  Schenck  does  not 
believe  that  the  code  will 
enter  into  any  conversation 
that  Eddie  Cantor  may  have 
with  President  Roosevelt  even 
if  the  comedian  is  granted  an 
audience  at  Warm  Springs, 
Ga.,  in  the  near  future, 
Schenck  said  on  his  arrival 
from  the  coast  yesterday. 

"The  President's  policy  has 
been  not  to  discuss  the  code 
until  submitted  to  him  and 
signed,"  Schenck  said  by  way 
of  explaining  his  opinion. 


Stagger  Plan 
In  Effect  Soon 
For  Musicians 


Brighter  days  are  just  ahead  for 
the  musicians  of  the  country  as  the 
result  of  a  decision,  made  Saturday, 
that  the  American  Federation  of  Mu- 
sicians, after  consideration  of  a  num- 
ber of  proposals  to  cut  down  unem- 
ployment in  the  profession,  had 
definitely  chosen  a  stagger  system  as 
the  instrument  with  which  to  achieve 
this  goal. 

It  was  learned  at  the  offices  of  the 
Federation  by  Motion  Picture  Daily, 
that  the  plan  is  expected  to  go  into 
effect  momentarily.  Locals  through- 
out the  land  are  in  receipt  of  requests 
from  the  national  organization  that 
(Continued  on  page  8) 


Chase-Fox  Loans 
Next  Up  in  Probe 

Washington,  Nov.  19. — Details  of 
the  story  of  how  the  Chase  National 
Bank  secured  control  of  Fox  Film 
through  loans  running  over  $100,000,- 
000  will  be  gone  into  when  the  Senate 

(Continued  on  page  6) 


Mae  ^s  a  Kansas  Angel 


Topeka,  Nov.  19.— Having  brought  about  the  resurgence  of  the 
corset  and  what  it  takes  to  put  in  it,  Mae  West  will  probably  be 
adopted  as  their  patron  saint  by  America's  farmers,  restaurateurs 
and  corset  manufacturers,  she  has  been  informed  by  Phil  E. 
Zimmerman,  executive  secretary  of  the  Kansas  Restaurant  Ass'n. 

Zimmerman's  letter  has  been  pounced  upon  by  theatre  man- 
agers, who  are  using  it  as  a  novel  and  effective  advertising  plug 
for  "I'm  No  Angel."  It  has  already  been  reproduced  in  advertise- 
ments of  Kansas  theatres  in  newspapers  totaling  almost  a  million 
circulation.   The  newspapers  and  theatres,  additionally,  benefit  by 

(Continued  on   page   6) 


Schenck  Says 
Code  Is  Only 
"Temporary' 


"Why  Submit;*  He  Asks, 
"To  Demoralization?" 


Characterizing  the  NRA  code  as  a 
'temporary  measure"  and  Article  5, 
regulating  tal- 
ent "raids,"  as 
"likely  to  dis- 
organize p  r  o  - 
duction  and  de- 
moralize the  in- 
dustry," Joseph 
M.  Schenck, 
head  of  United 
Artists  and  20th 
Century  Pic- 
tures, arrived 
from  the  coast 
yesterday,  still 
holding  to  the 
fiery  code  view- 
point which 
made  him  some- 
thing of  a  storm 
center  in  argumentative  Hollywood 
quarters  and  led  to  the  tendering  of 
his  resignation  some  few  weeks  ago 
from  the  M.  P.  Producers'  Ass'n.,  the 
Hays  Hollywood  unit. 

With  this  classification  of  the  NRA 
code    and    its    most    objectionable — to 

(Continued   on   page  8) 


Joseph  M.  Schenck 


Four  Marxes  Plan 
Their  Own  Company 

The  Four  Marx  Brothers  will 
form  their  own  producing  company 
and  make  one  picture  a  year,  to  be 
released  through  United  Artists,  be- 
ginning next  season,  Joseph  M. 
Schenck,  head  of  U.  A.  and  20th 
Century  Pictures,  said  yesterday. 

Asked  about  reports  that  Fredric 
March  would  be  signed  by  20th  Cen- 
tury, Schenck's  reply  indicated  either 
that  he  had  no  definite  information  on 
the  subject  or  else  was  unwilling  to 
divulge    it. 

"We  are  always  dealing  with  every- 
body," he   said. 

On  Nov.  15,  Motion  Picture 
Daily  exclusively  stated  the  Four 
Marx  Brothers  would  release  through 
U.  A.  all  pictures  after  "Duck 
Soup."  Paramount  also  had  been 
negotiating  with  the  comedians. 


Rumor  Mae  West  May 
Go  to  20th  Century 

The    unconfirmed    route    has    Mae 
West    traveling    from    Paramount    to 
20th  Century  after  the  completion  of 
(Continued  on  page  6) 


MOTION  PICTURE 

DAILY 


Monday,   November  20,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


Vol. 


November  20,    19.53 


No.   119 


Martin  Quicley 
Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 


QP 


PUBLISHED  daily,  except  Sunday 
and  holidays,  by  Motion  Picture 
Daily,  Inc.,  a  Quigley  Publication, 
at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro.  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  W.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachtm  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W-  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour    des-Noues. 

Entered  as  second  class  mat- 
ter   January    4,    1926,    at    the     W|  b  ▲ 
Post  Office  at  New  York  City,   J^  l*^. 
N.  Y.,  under  Act  of  March  3, 
1879. 

Subscription   rates   per   year: 
$6     in     the     Americas,     except 
Canada;    Canada    and    foreign:     wiooou.«.T 
$15.     Single   copies:     10    cents 


Clevelanders  State 
52  Attended  Session 

Clevel.^nd,  Nov.  19.  —  Cleveland 
men  are  disturbed  over  the  publica- 
tion of  a  story  to  the  effect  that  only 
35  exhibitors  attended  the  organiza- 
tion meeting  of  the  new  Independent 
M.  P.  Exhibitors'  Ass'n  of  Ohio. 

They  assert  52  theatre  owners  at- 
tended in  person,  that  George  W.  Erd- 
mann  held  proxies  for  24  additional 
Cleveland  houses,  and  that  small  cir- 
cuits in  Columbus,  Dayton  and 
Zanesville  were  represented. 


Cleveland  Hipp  to  Open 

Clevelanl),  Nov.  19. — Hippodrome, 
newly  acquired  by  Warners,  opens 
Tuesday,  with  a  straight  picture 
policy  at  the  prevailing  local  admis- 
sion prices  of  30c,  35c  and  44c.  A 
Hollywood  opening  of  "The  World 
Changes"  with  Klieg  lights,  broad- 
casting of  guests  and  music  is  planned 
by  Sidney  Dannenberg,  Warner  pub- 
licity chief.  William  Watson  remains 
as  manager  of  the  house.  J.  Knox 
.Strahan,  who  handled  the  Hippodrome 
publicity,  has  been  assigned  to  Can- 
ton as  manager  of  the  Alhambra.  He 
succeeds    Dick    Crusigar. 


Vallee  in  Fox  ''Scandals" 

Hollywood,  Nov.  19. — Rudy  Vallee, 
Lilian  Harvey,  George  White,  Cliff 
Edwards  and  a  flock  of  radio  and 
screen  players  are  to  appear  in  the 
Fox  edition  of  George  White's 
"Scandals,"  says  Robert  Kane,  pro- 
ducer for  Fox. 

Ray  Henderson,  Jack  Yellen,  Irv- 
ing Caesar  and  Joe  Cunningham  are 
already  working  on  the  story,  and 
Russell  Markert  is  laying  out  the 
dance  routines. 


Warner  List  to  S  hour  as 

Skouras  Theatres  Corp.  has  closed 
for  Warner  product  in  all  of  the  cir- 
cuit's local  houses. 


Insiders^  Outlook 


'TpHE  confab  itself  is  old  news, 
-*•  but  the  inside  of  what  trans- 
pired when  the  Allied  bunch  con- 
ferred with  Hugh  S.  Johnson, 
Sol  A.  Rosenblatt  and  Colonel 
W.  R.  Lea  in  Washington  is  not. 
Nobody  has  talked  much  about  it 
before  or  since,  but  the  most  per- 
sistent yarns  all  seem  to  indicate 
some  of  the  Allied  men  present 
emerged  with  compliments  which 
were  hardly  that.  Rosenblatt  is 
reported  to  have  taken  each  one 
and  dissected  him  in  a  surgical 
procedure  based  on  what  the 
deputy  presented  to  Johnson  and 
Lea  as  the  facts  in  their  back- 
ground. .  .  . 

T 
A  pretty  warm  exchange  of 
words  is  understood  to  have  been 
made  between  Rosenblatt  and 
Abram  F.  Myers.  Moe  Horwitz 
of  Cleveland  is  another  who  is 
reported  to  have  come  in  for 
several  hot  shots,  and  while  H. 
M.  Richey  of  Detroit  was  not 
present,  that,  seemingly,  did  not 
exempt  him  from  the  conversa- 
tion. Rumored  to  have  played  a 
substantial  part  in  tiie  pow-wow 
was  the  Allied's  stand  on  matters 
having  to  do  with  exhibition  and. 
of  course,  the  manner  in  which 
the  code,  as  drawn,  fitted  in  with 
the   association's   attitude.  .  .  . 

T 
Eddie  Cantor  declared  his 
forthcoming  visit  to  Warm 
Springs  was  by  Presidential  in- 
vitation. There  seems  to  be  some 
doubt  about  it — the  invitation, 
that  is.  If  Cantor  does  see  the 
Chief  Executive,  the  conversa- 
tion to  follow  on  star  salaries  is 
apt  to  be  very  interesting  and 
along  the  "unconscionable  salary" 
line  which  the  President  has  ex- 
pounded very  clearly  in  the  last 
two  months.     Eddie  may  be  em- 


barrassed. .  .  .  Sam  Dembow  is 
betting  hats  on  those  Publix 
houses  up-state.  .  .  . 

T 
Did  those  New  York  critics  go 
for  "Little  Women"  ?  To  prove 
that  they  did — and  all  the  way — 
here  are  some  adjectives  and 
phrases  culled  from  the  reviews 
themselves : 

"Exquisitely  tearful.  Heart-throb 
quality.  Tenderly  beautiful.  Gem 
that  sparkles  and  glows.  Super 
acting.  Reverent,  sensitive  and 
lovely.  Lovably  real.  Superbly 
cast.  Almost  lyrical  tenderness. 
LTnconquerable  Miss  Hepburn. 
Curiously  touching.  Very  lovely 
and  gently  moving.  Fragrance  of 
truth.  Untouched  beauty.  Intel- 
ligent spirit.  Vital  and  sympa- 
thetic. Tenderly  directed.  In- 
comparable." 

Remember,  the  critics  are  hurl- 
ing the  adjectives,  but  such  a 
gorgeous  job  is  "Little  Women," 
this  column  has  no  hesitancy  in 
ditto-ing  the  quotes.  .  .  . 
T 

Among  those  present  in  the 
Garden  fight  sequences  of  "The 
Prizefighter  and  the  Lady"  is 
"Nicholas  Schenck,  the  famous 
movie  magnate,"  according  to  the 
radio  announcer  who  figures  in 
the  exciting  window  -  dressing 
background.  .  .  . 
T 

Ed  Wynn  very  nearly  went  to 
Fox  instead  of  M-G-M  and  that's 
something  or  not  something,  de- 
pendent upon  what  the  come- 
dian's first  talker  does.  Fox 
offered  him  $100,000  on  a  deal 
and  Wynn  was  inclined  to  go  for 
it.  Then  along  came  M-G-M 
with  an  additional  $50,000  and 
Wynn  went  the  way  of  all 
flesh.  .  .  . 

KANN 


Under  the  Same  Roof 

Hollywood,  Nov.  19. — -Work  is 
near  completion  here  on  a  $35,000 
addition  to  the  Warner-First  National 
property  to  house  20  of  the  28  writers 
under  contract  to  the  producers  under 
one  roof. 


Plan  New  House  Here 

Plans  have  been  filed  with  the  Man- 
Sattan  Department  of  Buildings  for 
le  construction  of  a  530-seat  theatre 
af  Broadway  and  67th  St.  at  a  cost 
of  $22,000.  The  property  is  owned  by 
the  1981  Broadway  Corp. 


Most  Issues  Remain  Steady 


High  Low  Close 

Columbia    Pictures,    vtc 23M  2i'A  23^ 

Consolidated  Film  Industries,  pfd 9^          95^  9% 

Eastman  Kodak 73^  liVi  7i'A 

Fox    Film   "A" 14^^  1414  1454 

l.oew's  Tnc 30  297/i  29?^ 

Pathe  Exchange 154         1-5^  154 

Fathe  Exchange  "A" 95-8         9  95^ 

RKO   2'A          2'A  VA 

Warner    Bros Wi          Wi  (iVi 

Technicolor  Only  Curb  Issue 


Net 
Change 

-I-  54 

-  J4 
-I-  'A 

—  V» 
+  5s 


-f-  H 
+  'A 


Net 


Sales 

400 
1,200 
300 
100 
500 
200 
900 
100 
1,400 


Technicolor 


High      Low      Close    Change       Sales 

.   1054        WVs        1054        100 


Paramount  F,  L,  Bonds  Off  One  Point 


Hi^h  Low  Close 

Keith  B.  F.  6b  '46 ' ASA  45  45 

Paramount  Broadway  5!^s,  '51 29  29  29 

Paramount  F.  L.  6s  '47 24  24  24 

Pathe  7s  '37,  WW ...85  85  85 

Warner  Bros.  6s  '39  wd 39  38^  38^ 


Net 
Change 


—1 


Sales 

5 
1 
5 
1 
3 


i  Purely 
Personal  ► 


HOWARD  DIETZ  is  getting  fan 
mail  from  radio  listeners.  He  was 
on  the  air  Friday  night  introducing  his 
musical  numbers  in  the  "Theatre  of 
the  Air"  program. 

Marcella  Ban  next,  secretary  to 
David  O.  Selznick,  leaves  for  the 
coast  today.  She  has  been  here  on  a 
leave  of  absence  during  which  she 
covered  a  number  of  plays. 

Carl  Lesserman,  Chicago  dis- 
trict manager  for  Warners,  likes  the 
Nev\f  York  ozone  so  much  he's  think- 
ing of  moving  his  headquarters  here. 

Ed  Selzer  intends  to  make  "Hi, 
Nellie"  the  Warner  password.  It  also 
happens  to  be  the  title  of  Paul 
Muni's  next  picture. 

Joan  Crawford,  Franchot  Tone, 
Hunt  Stromberg  and  John  Mahlin, 
all  M-G-Mers,  leave  for  the  coast  in 
a  week. 

Joseph  Bernhard  returns  to  Pitts- 
burgh today  after  week-ending  in  New 
York. 

Hal  LeRoy  left  for  the  Warner 
coast  studio  yesterday.  He's  slated 
for  the  lead  in  "Harold  Teen." 

Hal  Skelly  is  being  tested  by 
M-G-M  for  a  term  contract. 

Douglas  Shearer  has  returned  to 
Culver  City  after  a  brief  stay  here. 


Warners'  Checking 
Office  Open  in  K,  C, 

Kansas  City,  Nov.  19.^Regional 
headquarters  of  the  Warner  checking 
service  have  been  established  here,  re- 
placing Ross  Federal  Service  on  War- 
ner-First National  percentage  en- 
gagements. W.  W.  Flynn,  formerly  of 
New  York,  is  in  charge  as  field  super- 
visor for  Kansas  City,  Omaha  and 
Des  Moines  territories.  Offices  are 
on  the  second  floor  of  the  Warner 
exchange  building  in  space  formerly 
occupied  by  the  Kansas-Missouri  The- 
atre Ass'n,  which  has  moved  to  an- 
other location  in  the  Warner  build- 
ing. 


Buffalo  Board  Elects 

Buffalo,  Nov.  19. — New  officers  of 
the  Buffalo  Film  Board  of  Trade  are : 
President,  Dave  Miller,  Universal ; 
treasurer,  Harry  T.  Dixon,  RKO 
Radio ;  vice-president,  Joe  Miller,  Co- 
lumbia. It  is  possible  Miss  Emma  C. 
Abplanalp,  former  secretary,  who  has 
been  supervising  the  group's  work 
while  acting  as  secretary  of  the  Chi- 
cago board,  may  return  here  if  the 
secretaryship  is  again  made  a  full  time 
job  under  the  NRA. 


Emit  Shauer  Buried 

Emil  E.  Shauer,  vice-president  of 
Paramount  International,  who  died 
Thursday,  was  buried  yesterday  in 
Woodlawn  cemetery  following  funeral 
services  at  the  Universal  Funeral 
Chapel. 


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THE  BE-OIIDERS  ARE  ROILING  IN' 

Ton,  Ed  Fay  of  Prov.de„ce-fro«  Bill  Keyes 
of  D„y.o„-,ro.  Ike  tlbson  of  0„cl„„„« 
-nd  scores  of  others  .  .  .  „  fl,„j  ,,  ^^^^ 

•nss  for  FULL-VVEElf  ►«.. 

WEEK  return  engagements  of 

the  screen  classic  of  all  time  .  .  . 


ARIIfS  DISR4E1I 


These  smart  showmen  know  there  are  mill- 

'<."swhowanttosee"Disraeli"aga/„...They 
know  there's  A  NEW  GENERATION  that  has 

overseen  it...Theylcnowtheycan.tfl„da„y. 
where  a  better  fam/,y  show,...Talce  their  tip, 

WARNER  BROS.  HAVE  THE  SHOW 
VOO  NEED  FOR  THANKSGIVING 
AND  CHRISTMAS  UWmi 


yifograph,  Inc.,  DUtribulors 


A  Great  Star 


n   a 


Great  Picture 


from  a 


Great    Play 


by  g 


Great  Author 


with  a 


Great     Cast 


with 


BEBE    DANIELS 

DORIS   KENYON 

ONSLOW  STEVENS,  ISABEL  JEWEL,  MELVYN 
DOUGLAS,  THELMA  TODD,  MAYO  METHOT. 
Produced  by  Carl  Laemmie,  Jr.,  from  the  sensa- 
tional stage  success  by  ELMER  RICE.  Directed 
by  William  Wyler.  Presented   by  Carl   Laemmle. 


MOTION  PICTURE 

DAILY 


Monday,  November  20,   1933 


Chicago  Sees 
Repeal  with 
Mixed  Views 


{Continued  from  pa<7c  1) 

exhibitors  are  finding  many  patrons 
whiling  away  an  evening  in  the 
taverns.  Recently  many  of  the  taverns 
have  put  in  a  two  by  four  dance  floor 
with  radio  music  during  the  week  days 
and  an  indifferent  orchestra  Saturday 
and  Sunday. 

Loop  exhibitors  are  more  optimistic. 
They  point  out  that  the  extra  revenue 
accruing  to  the  government  from  re- 
peal is  going  to  mean  an  easing  in  the 
tax  situation — possibly  even  affecting 
theatres  eventually.  Their  attitude  is 
that  repeal  will  give  new  impetus  to 
cafe  and  hotel  life  and  that  this  will 
have  a  beneficial  effect  at  the  box- 
oftice.  Repeal  will  be  conducive  to  a 
spending  mood  and  this  angle  is  an 
important  one  in  the  opinion  of  down 
town  operators. 

Chase-Fox  Loans 
Next  Up  in  Probe 

(Continued  from  page  1) 

Banking  Committee  resumes  its  hear- 
ings here  Tuesday. 

Winthrop  W.  Aldrich,  president  of 
the  bank,  has  agreed  to  furnish 
figures  on  the  total  loans. 

The  inquiry  is  expected  to  bring  out 
further  details  of  the  operations  of 
Harley  L.  Clarke  in  the  formation  of 
General  Theatres  Equipment  and  the 
alleged  payment  of  $2,000,000  to  Wil- 
liam Fox  for  his  patent  rights  to 
Grandeur  pictures. 

Court  Approves  Fox, 
G.  T,  E.  Compromises 

WiLMi.NGTON,  Nov.  19. — Chancery 
Court  approval  has  been  given  the 
proposed  settlement  of  controversies 
between  the  receiver  for  General  The- 
atres Equipment  Corp.  and  the  receiv- 
ers for  Fox  Theatres  Corp  and  others. 

In  his  i>etition  for  approval  C  S. 
Senator  Daniel  O.  Hastings  said  there 
was  no  opposition  to  the  settlement  and 
he  felt  it  would  be  highly  advantage- 
ous to  both  corporations.  Settlement 
of  the  controversies  was  also  necessary, 
he  said,  before  a  reorganization  could 
be  completed. 

Robert  H.  Richards  of  Wilmington, 
representing  a  debenture  holders'  com- 
mittee for  (General  Theatres,  informed 
the  court  his  committee  was  in  favor 
of  the  agreement. 


» 


"f/"  Ends  "O/i,  Baby 
Kansas  Censor  Row 

K.\Ns.\s  Cirv,  Nov.  19. — Universal 
has  patched  up  its  differences  with  the 
Kansas  state  censors  over  eliminations 
made  in  "Love,  Honor  and  Oh,  Baby !" 
and  the  picture  is  being  released  to 
Kansas  exhibitors.  The  censors  had 
entered  objections  to  some  of  the  dia- 
ICfgue  in  the  courtroom  scene  in  the 
picture. 


P.  A.  Powers  Goes  West 

p.  A.  Powers,  president  of  Celebrity 
Pictures,  is  due  on  the  coast  early  this 
week  to  start  production  on  his  new 
series  of  "ComiColor  Cartoons." 


MOTION  PICTURE  DAILY5 
HOLLYWOOD  PREVIEW 


''Dark  Hazard'' 

{First  National) 

Hollywood,  Nov.  19. — "Dark  Hazard"  omits  none  of  the  more 
popular  games  of  chance,  with  Edward  G.  Robinson  portraying  the 
gambler  de  luxe,  who  wins  and  loses  20  grand  time  and  again  at  roulette, 
cards,  dice,  horses  and  dogs. 

Robinson's  followers  may  be  disappointed  in  the  light  role,  accustomed 
as  they  are  to  seeing  him  in  more  dynamic  and  dominating  parts.  In 
this  he  cowers  before  Genevieve  Tobin,  his  wife,  influenced  by  a  Puri- 
tanical mother  opposed  to  gambling.  The  conflict  between  gambling  and 
love  for  his  wife  makes  the  virile  Robinson  somewhat  of  a  softy,  until 
he  realizes  the  wife  has  walked  off  with  his  latest  20  grand  coup  and  later 
falls  for  a  "much  nicer"  man  who  prefers  philandering  with  hearts  to 
other  phases  of  gambling. 

The  production  as  a  whole  carries  exciting  moments  intermingled 
with  humorous  incidents,  heart  interest  and  human  touches  contributed 
by  an  able  supporting  cast  including  Glenda  Farrell,  Robert  Barrat, 
Gordon  Westcott,  Hobart  Cavanaugh,  George  Meeker,  Henry  B.  Wal- 
thall, Sidney  Toler,  Emma  Dunn,  Willard  Robertson  and  Wm.  V.  Mong. 

The  production  has  everything  one  could  expect  in  lavish  settings, 
diversified  locales,  action,  pathos  and  humor  required  to  make  program 
fare  entertaining. 

Screen  play  is  by  Ralph  Block  and  Brown  Holmes  from  the  W.  R. 
Burnett  novel,  photographed  excellently  by  Sol  Polito  and  directed  with 
skill  and  excellent  character  delineation  by  Al  Green. 


Ohio's  Lobby  Probe 
Suspended  by  Jury 

(Continued  from   page   1) 

to  call  by  D.  J.  Hoskins,  county  prose- 
cutor. 

A  number  of  Cleveland  exhibitors, 
and  P.  J.  Wood,  business  manager  of 
the  M.  P.  T.  O.  of  Ohio,  testified.  The 
investigation  is  to  be  continued,  Hos- 
kins said,  and  the  jury  will  be  recalled 
if  the  evidence  justifies  it. 


Airing  Sales  Views 

White  Sulphur  Springs,  W.  Va., 
Nov.  19. — Paramount  home-office  ex- 
ecutives wind  up  a  three-day  sales  con- 
fab at  the  Greenbrier  tonight  and  re- 
turn to  New  York.  Those  here  in- 
clude George  J.  Schaefer,  J.  J.  Unger, 
Stanley  Waite,  Neil  Agnew,  Milton 
Kusell,  G.  B.  J.  Frawley  and  Robert 
Gillham. 


Columbia's  British 
Deal  Is  Called  Off 

London,  Nov.  19. — A  proposed  deal 
for  production  of  Columbia's  quota 
pictures  here  by  B.  L  P.  has  been 
called  off.  Arthur  Dent,  B.  L  P. 
general  manager,  said  that  the  com- 
panies were  unable  to  agree  on  terms. 

Collapse  of  this  deal,  however,  does 
not  affect  Columbia's  American  dis- 
tribution rights  to  the  B.  L  P.  picture, 
"The  Song  You  Gave  Me,"  which 
was  sold  by  Dent  on  his  last  trip 
to  America. 


Pascal  Goes  on  Board 

Hollywood,  Nov.  19. — Ernest  Pas- 
cal has  been  elected  to  the  executive 
governing  board  of  the  Screen  Writ- 
ers' Guild,  replacing  James  A.  Creel- 
man,  who  will  remain  in  New  York. 


Mae^s  a  Kansas  Angel 


(Continued  from   page   1) 

cooperative  restaurant  advertising.    One  Topeka  cafe  advertises: 
"Come  up  and  see  us  sometime." 

The  letter  which  is  causing  so  much  commotion  in  the  corn  belt 
follows : 

"Speaking  for  several  thousand  Kansas  restaurateurs,  I  wish  here  and  now  to 
inform  you  that  we  most  ardently  disagree  with  the  title  of  your  latest  picture, 
'I'm  No  Angel.'  Wc  not  only  believe  you  to  be  angelic;  we  regard  you  as  our 
angel.     There's   a    reason! 

For  many  years  the  silly  sector  of  society  has  been  aping  the  slender,  slab- 
sided  sisters  of  the  cinema,  to  the  detriment  of  the  nation's  health — and  at  a 
staggering  price  to  those  in  America  who  depend  upon  the  sale  and  production 
of     food     for     a     livelihood. 

"You  have  truthfully  stated  that  *a  woman  can't  wear  a  corset  luiless  she's 
got  something  to  put  in  it.'  She'll  never  acquire  that  seductive  'something'  oni 
the  diet  of  orange  juice  and  rabbit  rations  recommended  by  Hollywood's  cadav- 
eroi^s    chorines. 

"If  the  'curves'  you  have  introduced  into  the  picture  develop  into  a  national 
epidemic,  it  will  contribute  more  to  the  nation's  health  and  happiness  than  the 
combined  efforts  of  its  doctors  and  preachers.  True,  it  may  spell  tougn  sledding 
for  the  fanatical  food  faddists;  it  will  cut  deeply  into  the  incomes  of  certain  fad- 
endorsing  cinema  celebrities;  but  the  American  farmers,  restauranteurs  and  corset 
manufacturers  will  answer  by  joining  forces  and  erecting  a  great  national  shrine 
to    their    'Blessed    Mae.' 

"When  Will  Rogers  mercilessly  exposed  that  'Hollywood  18-day  orange  juice 
diet,'  he  rendered  a  service  second  only  to  yours  in  introducing  and  popularizing 
'curves.'  For  this  outstanding  contribution  to  human  well-being  and  happiness, 
the   Kans««s   restauranteurs   hereby   express   their   deep   gratitude. 

"The  presentation  of  the  enclosed  card  to  any  Kansas  restaurant  will  assure 
you  a  meal  fit  for  the  gods.  We  dare  you  to  come  to  Kansas  and  test  the  Sun- 
flower   hospitality." 


Drop  Reported 
In  Violations 
Of  Copyrights 


(Continued  from  page  1) 

quency,  according  to  Jack  Levin, 
manager  of  the  bureau.  Exhibitors,  he 
said,  have  also  begun  to  notice  bene- 
fits accruing  to  them  from  lessening 
instances  of  unfair  and  illegal  com- 
petitive practices  of  copyright  vio- 
lators, and  have  commended  the 
bureau  on  this  angle  of  its  work. 

H.  L.  Groves  and  J.  L.  Stein,  di- 
vision managers  for  the  bureau,  who 
have  been  conducting  most  of  the  edu- 
cational work  in  the  field  under 
Levin's  direction,  returned  recently 
from  extensive  tours  of  the  country 
with  a  report  that  the  campaign  for 
deterring  copyright  violations,  rather 
than  emphasizing  their  detection  and 
prosecution,  is  showing  marked  results 
in  most  key  cities.  This  will  effect  no 
change  in  the  bureau's  policy  of  sur- 
veillance, it  was  said,  but  will  increase 
its  educational  efforts  to  deter  poten- 
tial copyright  violators. 

An  example  of  the  changing  ex- 
hibitor attitude  is  supplied  by  ex- 
changes throughout  the  country  which 
are  continually  reporting  the  receipt 
of  wires  from  exhibitors  seeking  per- 
mission to  hold  over  a  picture  and  be 
charged  for  it.  In  this  connection  it 
was  said  that  even  wires  for  authori- 
zation to  hold  over  a  $2.50  comedy  are 
not  unusual,  although  the  wire  charge 
itself  might  approximate  one-third  the 
cost  of  the  film.  Such  a  procedure, 
two  years  ago,  it  was  said,  would 
have  branded  the  exhibitor  as  a 
"chump."  Today  the  changing  attitude 
toward  copyright  violations  establishes 
him  as  a  reputable  business  man, 
Levin  said. 


Rumor  Mae  West  May 
Go  to  20th  Century 

(Continued  from  page  1) 
her  current  and  third  picture  for  the 
former  company,  "It  Ain't  No  Sin." 
Paramount,  however,  declares  it 
holds  options  on  Miss  West's  future 
services. 


Hollywood,  Nov.  19. — Al  Kaufman, 
Paramount  studio  executive,  declares 
there  is  nothing  to  reports  Mae  West 
will  switch  production  allegiances.  He 
declares  contractual  obligations  pre- 
clude any  shift. 


Poll  to  Take  Over 
Circuit  on  Nov,  21 

(Continued  from  page  1) 

cover  the  taxes  and  'running  ex- 
penses on  the  18  houses  and  three 
commercial   properties. 

Louis  M.  Sagal  is  slated  to  operate 
under  Poli  management  with  A.  J. 
Vanni,  nephew  of  Poli,  continuing  as 
general  manager.  Executive  personnel 
of  the  circuit  will  remain  as  is. 


Fox  Revises  'Promenade' 

Hollywood,  Nov.  19. — Fox  has 
put  "Promenade  Deck"  back  on  sche- 
dule, the  story  having  been  on  the 
shelf  for  the  past  year. 

Douglas  Doty  has  drawn  the  assign- 
ment to  adapt. 


OUT  IN  THE  FIELD 


The  editor's  desk  cleared  again,  protected 
with  ear  muffs  and  cold  country  equipment, 
except  the  snow  shoes,  Red  Kann  is  off  on 
another  foray  into  the  field,  where  the  motion 
picture  business  is.  This  time  it  is  Milwau- 
kee, Chicago,  Detroit  and  in  between  points 
to  see  what  he  can  see  and  to  discover  what 
makes  the  men  who  run  the  theatres  happy 
or  otherwise. 


MOTION  PICTURE 

DAILY 


MOTION  PICTURE 

DAILY 


Monday,  November  20,   1933 


(tir 


99 


Schenck  Says 
Code  Is  Only 
Temporary 

((.'oittiiiued  from  page  1) 

him — clause,  Schenck  proceeded  to  in- 
quire :  "Why  should  we  submit  to  de- 
moralization for  something  that  has 
onlv  a  year  and  nine  months  more  to 
go?" 

Then,  probably  to  forestall  any  mis- 
interpretation of  his  code  position, 
Schenck  hastened  to  make  clear  that 
he  spoke  not  as  an  altruist  prepared 
to  sacrifice  himself  for  the  down- 
trodden artist,  but  solely  as  a  busi- 
ness man  interested  in  a  square  deal 
for  all.  Wiat's  good  for  the  actor 
is  good  for  Schenck,  was  his  implica- 
tion. 

"I  am  no  more  altruistic  than  any 
other  producer,"  he  declared,  in  the 
tone  of  a  man  who  stood  accused  of 
some  odious  misdemeanor.  "I  don't 
believe  in  excessive  salaries  and  don't 
want  talent  taken  away  from  me," 
Schenck  continued.  "But  if  a  player, 
a  writer  or  a  director  wants  to  work 
for  one  company  in  preference  to  an- 
other, he  should  be  given  that  op- 
portunity." 

Then  he  resumed  his  denunciation 
of  Article  5  as  a  "very  bad  clause" 
which,  he  said,  while  it  might  offer 
some  temporary  relief  to  the  producer, 
was  "designed  to  coerce  talent  into 
accepting  employment  regardless  of  its 
own  desires." 

Regardine  the  clause  provision  call- 
ing for  a  fine  up  to  $10,000  for  a  pro- 
ducer found  guilty  of  paying  excessive 
salaries,  Schenck  said  he  found  it  "un- 
American  and  unethical." 

The  producer  is  en  route  to  Europe, 
to  be  gone  about  three  months. 


Cohen  Predicting 
4th  Code  Revision 

Hollywood,  Nov.  19. — That  the 
code  will  undergo  a  fourth  revision 
which  will  give  independents  a  "better 
break,"  was  predicted  by  Maury 
Cohen,  head  of  Invincible  Pictures, 
on  his  arrival  here  from  New  York 
today.  Cohen  was  accompanied  by 
George  Batcheller,  president  of  Ches- 
terfield. 

"Independent  producers  are  still  dis- 
satisfied with  the  code  as  it  now 
stands,"  Cohen  said,  "and  are  demand- 
ing that  if  a  fourth  revision  is  made, 
full  consideration  be  given  to  the  68- 
page  code  analysis  submitted  to  the 
XRA  by  the  independents,  and  that 
particular  attention  be  given  to  the 
recommendations  made  on  double  fea- 
tures." 

Cohen  said  that  the  independents 
want  a  code  provision  specifically 
permitting  double  featuring. 

"It  is  evident  that  a  clause  of  this 
kind  should  be  included  in  the  code," 
he  said,  "as  in  the  Chicago  territory 
major  distributors  have  a  stipulation 
in  their  contracts  that  no  second  fea- 
ture can  be  shown  on  the  same  pro- 
gram with  the  picture  or  pictures 
sold." 

He  said  that  the  demand  for  duals 
is  strong  in  several  territories  and  is 
increasing  in  others,  and  specified  St. 
Louis  in  the  latter  connection. 


N.  Y.  Critics  Unanimous  in 
Raves  over  "Little  Women '' 


New  York  critics,  to  the  last  man 
(or  woman)  went  all  the  way  in  heap- 
ing encomiums  on  "Little  Women", 
now  having  its  world  premiere  at  the 
Alusic  Hall. 

The  occasion  is  somewhat  unique  in 
that  all  critical  opinion  is  unanimous 
in  its  endorsement  of  the  picture.  Ex- 
cerpts : 

American — The  favorite  story  of  every  girl 
has  been  brought  most  beautiful!  to  the 
screen  in  the  exquisitely  tearful  picture  now 
presented  at  the  Music  Hall.  *  *  * 

It  has  that  emotional  appeal,  that  heart- 
throb quality  commonly  called  hokum.  It 
is  unashamed  in  its  sentimentality,  in  its 
frank  bid  for  tears  that  are  freely  given  in 
quantities  to  threaten  a  deluge.  Personally, 
I  wept  quite  unabashed.  So  did  my 
neighbors.*  *  * 

It  is  possible  that  with  the  passage  of 
months  the  memory  of  Katharine  Hep- 
burn's portrayal  of  the  sensitive,  fiery  jo 
will  be  dimmed  a  bit,  or  somewhat  super- 
seded by  later  displays  of  histrionic  genius. 
But  at  the  moment,  and  for  davs,  weeks, 
months  to  come.  Miss  Hepburn's  charac- 
terization will  stand  alone  on  a  pedestal  of 
flaming  brilliance. 

Daily  News — A  tenderly  beautiful  moving 
picture  has  been  devised  by  Radio  Pictures 
from  Louisa  May  Alcott's  novel.  "Little 
Women."  A  great  deal  of  loving  care  has 
evidently  gone  into  the  making  of  it.*  *  * 
It  is  a  gem  that  sparkles  and  glows  in  an 
old-fashioned   setting. 

A  great  deal  of  the  sparkle  and  glow  are 
produced  by  the  superb  acting  of  Katharine' 
Hepburn  as  Jo. 

Daily  Mirror — The  hundred  million  who 
have  preserved  their  admiration  for  "Little 
Women"  will  cheer  this  reverent,  sensitive 
and  lovely  film  adaptation  of  the  book. 
Women  have  not  been  offered  such  an 
emotional  treat  in  many  years.*  *  *  You 
have  Katharine  Hepburn,  as  Jo,  stealing 
the  film  as  she  stole  the  original  story. 

Evening  Journal — As  lovably  real  as  they 
have  seemed  to  the  millions  who  have  read 
"Little  Women,"  Jo,  Meg^  Amy  and  Beth 
stepped  out  of  the  pages  of  Louisa  May 
Alcott  onto  the  screen  *  *  *  And  yester- 
day's audience  smiled  wistfully  and.  much 
more  often,  wept  softly  as  all  the  well- 
remembered  figures  came  to  life,  bringing 
with  them  the  sentimental  charm  of  the 
•60's. 

"Little  Women"  is  a  beautifully  made 
picture.  It  was  superbly  cast,  and  Director 
George  Cukor  recreated  the  famous  story 
with  an  almost  lyrical   tenderness. 

Herald-Tribune — The  unconquerable  Miss 
Hepburn  advances  to  new  victories  in  the 
tender  and  curiously  touching  screen  ver- 
sion of  that  presumably  outmoded  senti- 
mental novel  of  New  England  in  the*  '60s, 
"Little  Women."***  It  turns  out  to  be  a 
very  lovely  and  gently  moving  evocation 
of  perished  sweetness  of  spirit.*  *  *  It  is. 
of  couise,  the  mood  which  is  the  important 


part  of  the  work,  and  it  is  the  unashamed 
straightforwardness  of  the  writing,  the 
unpatronizing  shrewdness  of  George  Cukor's 
direction  and,  above  all.  Miss  Hepburn's 
beautiful  playing  which  make  "Little 
Women"    an    exquisite    screen    drama. 

Post — ^It  is  a  tribute  to  those  who  shared 
in  bringing  it  to  the  screen  that  there  is 
no  betrayal  either  of  the  spirit  or  feeling 
of  the  original.  The  gift  of  understanding 
has  entered  into  the  picture,  which  is 
equivalent  to  saying  that  beneath  its  sur- 
face fidelity  there  is  the  unmistakable 
fragrance    of    truth.*  *  * 

The  hoydenish  Jo  is  capitally  performed 
by  Katharine  Hepburn;  Joan  Bennett  is 
excellent  as  Amy,  as  are  Frances  Dee  and 
Jean  Parker  as  Meg  and  Beth.  Spring 
Byington  catches  the  solicitous  and  care- 
ridden  Mrs.  March  in  a  sensitive  perform- 
ance; Paul  Lukas  is  convincing  as  the  pro- 
fessor, and  Edna  May  Oliver  is  properly 
terrifying  as  the  crotchety  Aunt  March. 

Also,  George  Cukor  and  the  producers 
deserve  pjaise  for  a  production  that  has 
been  carried  out  with  taste  as  well  as  skill. 

Sun — Indeed,  I  would  classify  the  produc- 
tion of  "Little  Women"  as  a  sure  sign 
that  the  films  had  completely  grown  up 
visually  in  the  m.atter  of  taste.  There  is 
no  elaboration.  There  is  no  perceptible 
heightening  of  effect  through  exaggeration. 
All  that  modern  lighting  can  do  to  a  dream 
of  a  Victorian  home  is  done  here.  The 
effect  is  one  of  untouched  beauty.*  *  * 
Certainly  it  is  American  charm  in  its  best 
sense,  and  in  seeking  to  hand  out  credit 
for  it,  I  should  give  most  of  it  to  George 
Cukor,  the  director,  for  presenting  it 
warmly  and  endowing  it  with  an  intelligent 
spirit. 

Times — As  vital,  sympathetic  and  full  of 
the  Joie  de  Hvre  as  one  could  hope  for, 
Jo,  the  To  of  "Little  Women,"  is  to  be 
seen  in  the  person  of  Katharine  Hepburn 
*  *  *  Amy,  Beth,  Meg  and  other  characters 
step  from  the  book  to  the  screen  and  retell 
this  story  of  the  sixties.  They  may  be  but 
mere  shadow  images  with  voices,  but  they 
are  a  lovable  group,  and  the  picture  gains 
much  by  the  hoop  skirts  and  other  fashions 
of   those   days   of   yesteryear. 

The  easy-going  fashion  in  which  George 
Cukor,  the  director,  has  set  forth  the  be- 
guiling incidents  in  pictorial  form  is  so 
welcome  after  the  stereotyped  tales  with 
stuffed   shirts. 

World-Telegram  —  *  ♦  *  Beautifully  and 
tenderly  directed  for  the  talkies  by  George 
Cukor. 

In  other  words,  "Little  Women"  is  at  the 
Radio  City  Music  Hall,  and  it  is  news  that 
it  is  a  stunningly  clever  job  of  recapturing 
on  the  screen  all  the  simplicity  and  charm 
of    the   author.*  *  * 

It  is  news,  too,  that  the  incomparable 
Katharine  Hepburn  plays  Jo  as  the  role 
has  never  been  played  be-fore.  that  hers  is 
an  unforgettably,  brilliant  performance  and 
that  once  and  for  all  she  definitely  proves 
how  unlimited  and  effortless  an  actress  she 
really  is.  It  is  further  news  that  every 
supporting  actor  and  actress  in  the  cast 
gives   a   finely    wrought  characterization. 


Allied  Session  Set 
For  Seattle  Dec,  5 

Seattle,  Nov.  19. — The  annual  con- 
vention of  Allied  Amusements  of  the 
Pacific  Northwest  will  be  held  here 
Dec.  5. 

Executive  Secretary  James  M.  Hone 
is  now  arranging  the  program  and 
speakers  for  the  gathering,  which  this 
year  is  expected  to  bring  into  Seattle 
a  hundred  or  more  exhibitors  from  all 
parts  of  this  territory.  The  principal 
topic   of   discussion   will  be   the   code. 


Zanuck  Shifts  System 

Hollywood,  Nov.  19. — Darryl  Zan- 
uck intends  to  make  the  remaining 
five  features  on  this  season's  20th  Cen- 
tury schedule  one  at  a  time  so  that 
he  can  give  them  individual  attention. 
This  is  a  new  departure  for  Zanuck, 
who  has  concenerated  on  mass  pro- 
duction in  the  past.  The  five  are: 
"The  House  of  Rothschild,"  "The 
Love  School,"  "The  Great  Barnum," 
"Gentlemen,  the  King"  and  "Sen- 
tenced." 


Warners  May  Avoid 
Shutdown  This  Year 

Hollywood,  Nov.  19.  —  Warners 
will  not  close  the  studio  this  year, 
according  to  unofficial  reports. 

A  series  of  executive  meetings 
brought  out  the  fact  that  the  annual 
shut-down  is  not  always  an  economy. 
Last  year's  vacation  netted  the  com- 
pany a  loss  of  two  weeks'  releases. 
The  execs,  figure  the  money  saved  by 
the  shutdown  was  insufficient  to  cover 
the  expense  of  having  to  resort  to 
outside  product  to  fill  their  theatres. 

With  production  running  at  a  high 
peak  through  the  coming  months, 
studio  heads  have  found  that  it  would 
be  next  to  impossible  to  edge  in  even 
a  two-week  layoff. 


"SorrelV*  Liked 

London,  Nov.  19. — Trade  show  of 
"Sorrell  and  Son"  with  H.  B.  War- 
ner got  a  fine  reception.  The  picture 
will  be  released  in  the  States  by 
United  Artists. 


Stagger  Plan 
In  Effect  Soon 
For  Musicians 


(Continued  from  page  1) 

they  cooperate  with  it  in  its  campaign 
to  stagger  employment  in  musicians' 
ranks.  The  understanding  is  that  the 
locals  will  bend  every  effort  to  put 
the  proposal  into  operation  "im- 
mediately." 

The  stagger  system  idea  grew  out 
of  a  series  of  conferences  between 
Joseph  N.  Weber,  head  of  the  Fed- 
eration, and  representatives  of  national 
circuits,  after  it  had  been  suggested 
by  the  National  Recovery  Adminis- 
tration through  Sol.  A.  Rosenblatt, 
deputy  administrator,  that  musicians 
and  circuits  get  together  in  an  en- 
deavor to  arrive  at  some  means  of 
ameliorating  conditions  among  the  idle 
in  the  profession. 

Information  was  obtained  at  the 
Federation  headquarters  that  picture 
houses,  legitimate  theatres  and  radio 
broadcasters  had  pledged  their  word 
they  would  throw  all  their  weight 
and  influence  in  the  fight  to  get  the 
stagger  system  working  "right  away." 

Since  the  plan  makes  provision  for 
a  25  per  cent  replacement  of  new  mu- 
sicians at  current  wages,  its  benefits 
will  not  begin  to  be  felt  on  a  wide- 
spread scale  before  the  next  three 
weeks. 

The  idea  entails  no  extra  expense 
to  the  theatre  operator.  It  merely 
makes  it  possible  for  unemployed  mu- 
sicians to  obtain  partial  work  through 
the  willingness  of  those  who  are  em- 
ployed to  sacrifice  part  of  their  earn- 
ings for  the  good  of  the  entire  pro- 
fession. 


Publix-Saenger 
Deal  Is  About  Set 

{Continued  from  page  1) 

already  has  been  discussed  with  bond- 
holders. Richards  may  be  called  upon 
to  put  up  part  of  the  financing  required 
by  the  reorganized  company  which 
probably  will  retain  the  name  of  its 
founder  as  part  of  the  new  corporate 
title. 


Blizzard  Hard  Blow 
To  Cleveland  Houses 

Cleveland,  Nov.  19. — A  blizzard, 
accompanied  by  strong  northwest 
winds  and  a  drop  in  temperature  to 
15  above,  ruined  theatre  business  here 
last  week.  While  there  was  some 
matinee  business,  evening  audiences 
were  conspicuous  only  by  their  ab- 
sence. A  30  per  cent  drop  in  total 
average  grosses  was  reported.  The 
Allen,  playing  a  second  week  of 
"Henry  VIII"  together,  with  "Three 
Little  Pigs"  and  "Lullaby  Land,"  and 
Loew's  State,  with  "Bombshell,"  were 
the  only  houses  that  did  any  business 
at  all. 


Hunt  Quits  National 

Detroit,  Nov.  19.  —  Herman  H. 
Hunt,  formerly  branch  manager  for 
the  National  Theatre  Supply  Co.  in 
St.  Louis,  has  succeeded  E.  H.  Forbes 
fas  manager  of  the  Detroit  bran'ch. 
Forbes  resigned  to  take  up  other  du- 
ties. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  120 


NEW  YORK,  TUESDAY,  NOVEMBER  21,  1933 


TEN  CENTS 


President  to 
Receive  Code 
Next  Friday 

Johnson   to  Take    Draft 
With  Him  on  Trip 


Washington,  Nov.  20. — Scheduled 
to  make  an  address  in  Atlanta  Thurs- 
day evening,  Recovery  Administrator 
Hugh  S.  Johnson  will  leave  here 
Thursday  with  a  pocketful  of  codes, 
including  the  film  code,  and  these  will 
be  laid  before  the  President  the  fol- 
lowing day  at  Warm  Springs 

While  no  official  announcement  was 
made  that  Johnson  would  go  to  Warm 
Springs  in  connection  with  his  Atlanta 
speech,  the  two  points  are  separated 
by  only  a  few  miles,  and  it  was'  said 
at  the  Recovery  Administration  that 
{Continued  on  page  6) 


Ideas  Are  Sought 
On  the  Criterion 

The  answer  to  the  Paramount  Pub- 
lix  trustees'  problem  of  what  to  do 
witji  the  Broadway  theatre  block,  44th 
to  4Sth  Sts.,  is  being  sought  from 
architects  who  have  been  asked  to 
submit  suggestions  either  for  remodel- 
ing the  present  structures  on  the  plot 
or  for  a  new  building  to  be  erected 
there. 

The  architects'  suggestions  are  be- 
ing solicited  by  Joseph  P.  Day  and 
Peter  Grirhm,  sales  agents  for  the 
{Continued  on  page  6) 


March  May  Produce 
Or  Get  Schenck  Pact 

Hollywood,  Nov.  20. — It  is 
rumored  that  Fredric  March  will  either 
.  produce  his  own  pictures  in  the  future, 
or  go  under  contract  to  Joseph  Schenck. 
March  and  Schenck  are  reported 
dickering  now  over  a  contract  calling 
for  a  salary  of  $9,000  a  week,  with 
an  option  clause  to  be  taken  up  one 
year  later  at  a  salary  of  $10,000  per 
week. 

With  March  now  on  his  way  to 
New  York,  and  with  Schenck  al- 
ready there,  the  deal  may  soon  be 
closed. 


"Castle"  Is  Set  in 
Next  at  Music  Hall 

"A  Man's  Castle"  is  scheduled  to 
follow  "Little  Women"  into  the 
Music  Hall.  The  latter,  a  Radio  pic- 
ture, is  expected  to  gross  around 
$110,000  for  the  first  week  and  is 
slated  to  run  21  days  before  it  bows 
{Continued  on  page  6) 


Report  lATSE  Putting 
Curb  Upon  Local  Unions 


Promise  of  Light  on  Code 
Excites  MPTO  of  Wisconsin 


Milwaukee,  Nov.  20. — Uncertainty 
over  the  code  and  the  delay  encoun- 
tered in  its  enactment  have  Wiscon- 
sin exhibitors  upset.  Battered  from 
one  opinion  to  another  by  each  suc- 
ceeding day's  developments  out  of 
WashingttHi  and  dependent  almost  en- 
tirely upon  trade  paper  accounts  of 
the  erratic  course  of  the  code,  mem- 
bers of  the   M.   P.  T.   O.  of  Wiscon- 


sin are  looking  forward  eagerly  to  the 
scheduled  address  of  Sol  A.  Rosen- 
blatt at  their  annual  convention. 

Exhibitors  are  hopeful  the  deputy 
will  submit  to  questions  in  order  to 
clear  up  the  maze  in  their  minds. 
They  are  at  sea  because  of  the  many 
statements  issued  by  Allied  in  the  last 
few  weeks.  They  are  confused  over 
{Continued  on  page  6) 


J.  M.  Schenck 
On  His  Way  to 
Warm  Springs 


Joseph  M.  Schenck,  head  of  United 
Artists  and  of  20th  Century  Pictures, 
left  New  York  at  noon  yesterday  for 
Warm  Springs,  Ga.,  where  he  is  ex- 
pected to  confer  on  code  subjects  with 
President  Roosevelt  tomorrow  or 
Thursday.  Whether  he  was  invited  to 
see  the  President  or  is  seeking  an  audi- 
ence has  not  been   learned. 

Schenck  arrived  in  New  York  from 
the  coast  Sunday  with  a  spirited  de- 
nunciation of  Article  5,  the  code  pro- 
vision covering  talent  "raids."  It  is  as- 
sumed that  if  Schenck  discusses  the  code 
with  the  President,  it  will  be  on  the 
subject  of  Article  5  and  the  code  pro- 
vision which  makes  film  executives 
found  guilty  of  paying  "unreasonably 
excessive  salaries"  liable  to  a  fine  of 
$10,000.  It  was  his  antipathy  to  these 
{Continued  on  page  6) 


Hollywood  Studios 
Busy;  46  in  Work 

Hollywood,  Nov.  20. — Hollywood 
production  activity  for  the  week  end- 
ing Nov.  18  showed  slight  increase 
over  the  preceding  week  with  a  total 
of  46  features  in  work,  24  in  final 
stages  of  preparation  and  52  in  the 
cutting  rooms.  The  short  subject 
group  showed  17  in  work,  eight  in 
{Continued  on  page  6) 


Frisco  Goes 
Into  Throes 
Of  Rate  War 


San  Francisco,  Nov.  20. — The 
first  charge  of  the  theatre  brigade  in 
the  low  price  versus  high  price  war 
has  rocked  San  Francisco  within  the 
last  few  days.  Major  developments 
of  the  battle  have  seen  three  houses 
doing  a  complete  turnabout  in  policy, 
and  one  dropping  from  the  high  price 
to  the   low   price   section. 

The  Golden  Gate,  long  a  top- 
charger  with  features  and  vaudeville, 
has  announced  a  top  price  of  40  cents 
at  all  times.  The  previous  price  was 
55  cents.  This  now  leaves  the  Para- 
mount and  Warfield  the  only  ones 
over  four  bits.  Both  are  asking  65 
cents. 

The  Orpheum  with  F.  &  M.  stage 
units  and  first  runs,  now  reverts  to 
F.  W.  C.  where  first  run  double  bills 

{CoiJtinucd   on   page    8) 


Four  Los  Angeles 
Houses  Drop  Shows 

Los  Angeles.  Nov.  20. — Because 
of  a  general  falling  off  of  business  at- 
tributed to  legalized  beer,  the  Para- 
mount, Loew's  State  and  United 
Artists  are  eliminating  vaudeville  and 
presentations,  and  will  go  to  a  straight 
sound  policy  Thursday. 

This  leaves  Warners,  Pantages, 
Million  Dollar  and  Orpheum  as  the 
only  houses  retaining  stage  shows. 


Move  Said  to  Be  Backed 

By  A.  F.  of  L.  to  End 

Theatre  Violence 


A  check  on  the  authority  of  local 
business  agents  and  extension  of  the 
power  of  the  executive  committee  of 
the  I.  A.  T.  S.  E.  to  bring  it  into  direcf 
contact  with  hundreds  of  operators' 
unions  throughout  the  nation  is  under 
way.   Motion    Picture   Daily   learns 

The  move  is  understood  to  have 
been  precipitated  at  the  insistence  of 
the  American  Federation  of  Labor 
and  is  declared  to  tie  in  with  a  deter- 
mined intention  of  curbing  violence 
in  theatres,  usually  blamed  on  unions 
by  theatre  men  through  the  ordi- 
nary methods  of  hurling  stink  or 
more  persuasive  sort  of  bombs.  It  is 
understood  that  A.  F.  of  L.  has  been 
disturbed  over  the  light  in  which  con- 
stantly recurring  charges  of  theatre 
bombing  has  placed  labor,  not  par- 
ticularly theatre   labor,   but  all   labor. 

The  Federation  is  declared  to  feel 
that  the  issue,  brought  to  the  atten- 
tion of  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  at  the  code  hear- 
ings in  Washington  by  Robert  Wilby, 
well  known  southeastern  exhibitor, 
and  to  the  office  of  the  Attorney  Gen- 
eral  since  then,   is  one  that  calls   for 

{Continued  on   page   8) 


Federal  Board 
Out  of  Labor  Row 

Washington,  Nov.  20. — Indicating 
that  it  felt  that  Pat  Casey's  disclaim- 
er of  any  effort  on  the  part  of  pro- 
ducers to  control  the  organization  ac- 
tivities of  studio  labor  was  adequate, 
the  National  Labor  Board  has  de- 
cided to  do  nothing  further  with 
complaints  received  last  week  that 
producers  were  directing  their  men  to 
join  unions  not  of  their  own  selection. 
The  question  of  union  control,  it  was 
pointed  out,  is  a  jurisdictional  dispute 
for  settlement  by  the  American  Fed- 
eration of  Labor. 


Cohen  Asks  Workers 
To  Ignore  "Rumors" 

Hollywood.  Nov.  20. — Emanuel 
Cohen  has  appealed  to  all  employes 
through  personal  letters  attached  to 
their  salary  checks  for  cooperation, 
asserting  that  the  reorganization  of 
Paramount  was  proceeding  "satisfac- 
torily" and  that  he  was  "looking  for- 
{Continucd  on   page  6) 


MOTION   PICTURE 

DAILY 


Tuesday,    November   21,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  OflSce 


No\eTr.bcr  21,    1933 


Xo.   120 


Martin  Quigley 
Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 

^•<^\  PUBLISHED  daily,  except  Sunday 
/  jl  J  and  holidays,  by  Motion  Picture 
N*|^  Daily,  Inc.,  a  Quigley  Publication, 
^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  New  York."  All  contents 
copyrighted. 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager. 

London  correspondent:  IV.  H.  Mooring, 
41  Redhill  Drive,  Edgware,  London,  Eng- 
land. Berlin  correspondent:  Joachtm  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour     des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign: 
$15.      Single    copies:     10    cents. 


vNRA 


Looking  ^Em  Over 


VI  oo  ou«  Kun 


May  Get  Burlesque 

Negotiations  are  under  way  by 
Walter  Reade  to  revert  the  Mayfair 
Theatre  to  burlesque,  its  original  pol- 
icy. Reade  stated  that  he  expected 
to  complete  negotiations  within  two 
weeks,  but  if  the  deal  is  not  con- 
summated, the  present  policy  will  be 
continued. 


Anthony  Muto  Married 

Anthony  Muto,  one  of  the  MPPDA 
representatives  in  Washington,  and 
Irene  Crisp,  secretary  of  the  Wash- 
ington Film  Board  of  Trade,  were 
marric<l  Sunday.  The  wedding  took 
place  in  the  capital. 


''Midnight" 

(  i'lni'crsal) 

ricniiinely  dramatic,  with  no  comedy  overtones  except  those  con- 
tributed by  Lynn  Overman,  "Midnight"  is  serious  and  gripping  enter- 
tainment, very  well  handled  through  the  cleverness  in  direction  which 
is  Chester  Erskin's.  He  is  a  stage  producer  who  has  made  a  sort  of 
specialt}'  of  macabre  themes  and.  in  this  instance,  follows  along  tlie 
lines  already  set  by  himself. 

"ATidnight"  signifies  the  hour  at  which  Helen  Flint,  condenmed  to 
deatii  by  electrocution  for  shooting  the  lover  she  thought  was  leaving 
her,  is  to  pay  the  penalty.  W'hile  she  motivates  the  entire  drama,  actually 
she  has  little  to  do  in  it.  The  story  fabric  is  woven  around  the  effects 
which  the  impending  execution  has  on  O.  P.  Heggie,  foreman  of  the 
jury  whose  single  question  at  the  trial  resulted  in  a  verdict  of  guilt, 
and  his  family — wife,  two  daughters  and  son-in-law. 

Sidney  Fox,  the  younger  daughter  whose  sympathies  go  entirely 
toward  the  murderess,  finds  herself  embroiled  in  a  situation  which  vir- 
tually parallels  the  circimstances  surrounding  the  original  murder.  Be- 
cause Heggie's  leading  question  brought  conviction  and  aided  the  dis- 
trict attorney's  political  fortunes  thereby,  the  D.  A.,  when  called  in  on 
the  lover  presumably  killed  at  Miss  Fox's  hands,  attempts  to  pass  it  off 
as  a  hallucination  on  the  girl's  part.  As  a  matter  of  fact,  the  treatment 
is  so  adroit  the  actual  finger  that  pulls  the  telltale  trigger  is  not  only 
never  seen,  but  never  identified. 

"Midnight"  jockeys  back  and  forth  between  heavy  drama  and  psycho- 
logical drama,  with  a  leaning  toward  the  latter.  Its  chief  purpose  is  to 
demonstrate  how  strong  and  weak  characters  react  to  severe  nervous 
and  emotional  strain  and  does  it  very  well. 

Erskin  made  the  picture  in  New  York  with  an  array  of  legitimate 
stage  players,  including  Henry  Hull,  Margaret  Wycherly,  Moffat  John- 
son and  Humphrey  Bogart.  They  are  all  highly  competent.  Miss  Fox, 
only  picture  name,  is  surprisinglv  good  in  the  lead. 

KANN 


Cambria  to  Capitol 

I'Vank  Cambria,  formerly  in  charge 
of  .stage  productions  at  the  Paramount 
and  the  7th  Ave.  Roxy,  has  been 
signed  by  the  Capitol  as  a  producer 
with   Arthur   Knorr. 


Zanuck  to  Lift  Total 

HoLLVWooD,  Xov.  20. — Darryl  Za- 
nuck is  planning  to  increase  the  20th 
Century  list  from  12  to  15  for  this 
year.     Five  have  been  completed. 


NOW  BOOKING  ENTIRE  U.  S. 
STATE  and  FOREIGN  RIGHTS  for  Sale 
JEWEL  PRODUCTIONS.  723  7th  Ave.  N.Y. 


Horn  for  President 

Robert  W.  Horn  of  the  home  of- 
fice sales  stafif  of  Erpi  is  a  candidate 
for  the  presidency  of  the  Erpi  Club, 
along  with  G.  H.  Woodward,  nominee 
for  secretary-treasurer,  and  G.  A. 
Kniewel  and  Mary  McAndrews,  candi- 
dates for  first  and  second  vice-presi- 
dent,  respectively. 


Grainger,  Clark  in  Cincy 

Cincinnati,  Nov.  20. — James  R. 
Grainger,  vice-president  and  general 
sales  manager  of  Universal,  was  in 
town  late  last  week,  as  was  also  John 
D.  Clark,  Fox  general  sales  mana- 
ger, who  was  accompanied  by  Her- 
man Wobber  of  the  Fox  executive 
stafif. 


Paramount  Men  Return 

White  Sulphur  Springs,  W.  Va., 
Nov.  20. — Paramount  sales  executives 
meeting  here  for  a  special  three-day 
confab  returned  to  their  respective 
headquarters    tonight. 


Jolson  to  Quit,  He  Says 

Hollywood,  Nov.  20. — Al  Jolson 
says  "Wonder  Bar"  will  be  his  last 
picture.  He  intends  to  confine  him- 
self to  stage  and  radio  work  from 
now   on,   he   says. 


Globe  "Bombed"  Again 

The  third  stench  bomb  explosion 
in  a  month  took  place  in  the  Globe 
yesterday.  The  house  was  crowded 
at  the  time,  but  no  one  was  injured. 
Police  are  investigating. 


Most  Issues  Show  Gain 


High  Low 

f'olumhia    Pictures,   vtc... 26'/^  2454 

f'onsolidated  Film   Industries i]/i  p/g 

CoiisDiidated     Film     Industries,     pfd 10  9^ 

Kastman    Kodak    76  7354 

Kastman  Kodak,  pfd 12S  125 

l'..x    Film   "A" 14  14 

l.new's.    Tnc Mli  30^ 

l.ocw's.  Inc..  pfd 68  68 

Paramount    Publix    1J4  ]5^ 

I'athe   Kxchangc   1%  15^ 

i';i'hc    Kxchange  "A" 11  9'A 

U  KG    2^  2Vf. 

Warner     Urns r>.j4  (,'/, 

Curb  Market  Inactive 


Close 

26 

VA 

10 

76 

125 

14 

315^ 
68 

IM 

m 
11 

2.>S 

CM 


Tcclinic'ilor 


Hi'-h       Low      Close 

.     II  107^^  11 


Para.  Publix  Bonds  Off  2Va 

Hi?h      Low  Close 

(Jcneral    Theatre    Equipment  6s   '40 3^  ?,%  V/f. 

Keith    B.    F.    6s    '46 45  45  45 

Paramount    Broadway    S'/Js    '51 29  29  29 

Paramount    Publix    5'/^s    '50 ZV/^  23'A  23'/^ 

I'athc     7s     '.37,     WW 85  85  85 

Warner    Bros.    6s    '39,    wd 40.^  39'/2  40 


Net 
Change 

+2'A 

+  'A 
+  iA 

+2Vz 
—1 

-  'A 

+m 

+2 

+  'A 
-^  Va 

+m 

+  % 

+  'A 


Net 
Change 

-f  u 


Net 
Changfe 


~2'A 


Sales 

1.000 
300 
200 

1,200 

2,000 
100 

1,100 
100 
100 

8,100 

9.100 
200 

1,700 


Sales 

200 


Sales 

2 

5 
1 

5 


Argument  on  Assets 
Of  Fox-Wisconsin  Up 

Milwaukee,  Nov.  20. — Order  tu 
show  cause  why  the  assets  of  the 
Fox-Wisconsin  Co.  and  Wisconsin 
Amusement  Enterprises,  Inc.,  should 
not  be  considered  as  assets  of  the 
bankrupt  Statewide  Theatres,  Inc., 
has  been  reviewed  in  bankruptcy  court 
here  before  Referee  Milton  J.  Knob- 
lock. 

Attorney  for  the  bankrupt  main- 
tained that  if  the  two  corporations 
sought  to  defraud  creditors  by  re- 
incorporation, as  charged  by  the  trus- 
tee, the  creditors  defrauded  would  have 
been  those  of  Midwesco,  Inc.,  rather 
than  Statewide,  and  that  the  court 
does  not  have  the  jurisdiction  to  pro- 
ceed in  a  summary  action. 

Attorneys  for  the  trustee  and  con- 
testing creditors  held  that  the  bank- 
rupt entered  into  a  scheme  to  defeat 
creditors  and  that  the  court  has  juris- 
diction to  proceed  in  the  case  rather 
than  resort  to  plenary  action  as  con- 
tended by  attorney  for  the  bankrupt. 


Approve  Midwesco  Deals 

Milwaukee,  Nov.  20. — A  settlement 
of  25  per  cent  on  claims  totaling  $46,- 
327  by  RKO,  Paramount  and  Colum- 
bia against  the  bankrupt  Midwesco 
Theatres.  Inc.,  for  film  contracted  for 
and  unplayed  has  been  approved  by 
F.  C.  Westfahl,  Jr.,  referee  in  bank- 
ruptcy. 


Execs  En  Route  Here 

Sidney  R.  Kent,  Mark  Ostrer, 
chairman  of  Gaumont-British ;  Wal- 
ter Hutchinson,  managing  director  of 
Fox  in  Great  Britain;  Jerome  Jack- 
son, independent  producer  of  West- 
minster Films,  and  Hartley  Power, 
actor,  are  all  on  board  the  Berengaria 
bound   for    New   York. 


*W omen' Sets  New  Record 

Radio  City  Music  Hall  claims  that, 
during  the  first  four  days  of  the 
showing  of  "Little  Women,"  over 
100,000  paid  admissions  were  ac- 
cepted. The  receipts  of  this  time 
equalled  those  of  an  entire  average 
week. 


71 


Run  Phila.  Houses  Here 

Warner's  Philadelphia  houses  will 
be  operated  in  the  future  under  the  di- 
rect supervision  of  the  New  York  of- 
fice, according  to  Joseph  Bernhard, 
general  manager.  The  present  Phila- 
delphia office  in  the  Earle  Theatre 
Building  will  be  continued  as  hereto- 
fore with  Leonard  Schlesinger  in 
charge    of    all    local    matters. 


National  Screen  Expands 

National  Screen  Service  is  increas- 
ing its  space  at  630  Ninth  Ave.,  hav- 
ing taken  over  a  part  of  the  10th 
floor.  National  now  occupies  the  en- 
tire second  and   14th  floors. 


Robbins  in  Minneapolis 

Herman  Robbins,  president  of  Na- 
tional Screen  Service,  is  in  Minneapo- 
lis on  a  short  business  trip.  He  ex- 
pects to  visit  two  more  cities  before 
returning  to  New  York. 


Laemmle  on  Way  East 

Carl  Laemmle,  Sam  Briskin,  George 
Brown  and  Gregory  RatofT  arrive  to- 
morrow  from   the  coast. 


"TAKE 
OFF 
YOUR 

WHISKERS! 


// 


IS 


RUSSIA 
RECOGNIZED! 

And  of  course  the  smart 
showman  is  bringing  his 
program  up-to-the-minute 
with  the  authentic  subjects: 

MOSCOW,  THE  HEART  OF  SOVIET  RUSSIA 

LENINGRAD,  gateway  to  soviet  russia 

One  Reel  Each!    Inside  Stuff!    Positively  the  real  McCoyskyl 


;^;^sfeil^FITZPATRICK 

scenics! 
He  puts 
ideas  into 
them." 


TRAVELTALKS 

Metro'Qoldwyn-Mayer  Classl 


\-^\\ 


SAMUEL  GOLDWYN'S 
production    of 

RONALD 
COLMAN 

if* 

The 
Masqoerader 

vtMh 

ELISSA  LANDI 


CHARLES 
LAUGHTON 


in 


THE  PRIVATE 
LIFE  OF 
HENRY  VIII 


Directed  by 
ALEXANDER  KORDA 


JOSEPH     M.     SCHENCK 

presents 

BROADWAY 

THRU  A 
KEYHOLE 

A  DARRYl  F.   ZANUCK 

Product  ion 

CONSTANCE  CUMM^NGS  »  ^^^^^^^^^^""^ 
p.UL    KBUV.      BLOSSOM    SUV 

GREGORY  RATOFF     ;  J^^^^  J,,,,^s 
EDDIE  FOY,  Jr.       *      fK'^r^^'^'^ 

ABE  LYMAN  AND  HIS  BAND 
Directed  by  LOWELL  SHERMAN 

20'" 

CENTURY 
PICTURE 


^y  WHAT  BUSINESS 
THEY'RE  DOI NO! 


r 


ITS  A  BANNER 


for    thousands    of    theatre^ 
now  playing  these   smash   hit 


PAUL 
ROBESON 


in 


Eugene  O'Neiirs 

EMPEROR 
JONES 


Krimsky-Cochran 

production 


JOSEPH     M.     SCHENCK 

presents 

WALLACE 

BEERY 
GEORGE 

RAFT 
JACKIE 
COOPER 


in 


THE 
BOWERY 

DARRYL  F.   ZANUCK 

Production 

TH 


^    HIT 


And  THAT5 
0NLVA5TARTER 


/ 


JOSEPH     M.     SCHENCK 

presents 

GEORGE 
BANCROFT 

in 

BLOOD 
MONEY 

A  DARRYL   F.   ZANUCK 

Pro  d uction 


wi 


ifh  FRANCES  DEE 
CHICK  CHANDLER 
JUDITH  ANDERSON 
BLOSSOM    SEELEY 


20™ 

CENTURY 
PICTURE 


PI-tNTY   , 
MORE  ARfc 
COMIN<i 


Released  thru    UNITED   ARTISTS 


MOTION  PICTURE 

DAILY 


Tuesday,   November  21,    1933 


J.  M.  Schenck 
On  His  Way  to 
Warm  Springs 


(Continued   irom    page    1) 

provisions  which  prompted  Schenck  to 
tender  his  resignation  from  the  M.  P. 
Producers'  Ass'n.,  the  Hays  Holly- 
wood unit,  several  weeks  ago. 

Kddie  Cantor,  comedian,  who  also 
liolds  anti-code  views  similar  to 
Schenck's,  and  who  has  been  reported 
ready  to  air  them  to  President  Roose- 
velt when  the  two  meet  in  Warm 
Springs  later  this  week,  denied  yes- 
terday that  his  impending  visit  with 
the  President  was  for  the  purpose  of 
making  an  "official  protest  on  the 
code." 

"My  invitation  to  see  the  President," 
Cantor  said,  "is  an  informal  and  social 
one,  primarily  for  the  purpose  of  ex- 
changing laughs,  as  we  have  done  on 
other  occasions.  It  is  not  for  the  pur- 
pose of  making  any  official  protest 
on  the  code  and  not  especially  for 
taking  it  up  as  a  subject  for  dis- 
cussion." 

Cantor  will  leave  here  for  Wash- 
ington this  morning,  where  he  will 
meet  Marvin  Mclntyre,  one  of  the 
secretaries  to  President  Roosevelt, 
who  will  accompany  the  comedian  to 
Warm  Springs.  The  two  are  sched- 
uled to  leave  Washington  some  time 
this  afternoon. 

Schenck  .stated  on  his  arrival  in 
New  York,  as  reported  in  Motion 
Picture  Daily  yesterday,  that  he  did 
not  believe  the  code  would  be  the 
subject  of  conversations  between  Can- 
tor and  the  President,  "as  it  is  the 
President's  policy  not  to  discuss  the 
code  until  it  has  been  submitted  to 
him   and   signed,"   Schenck  explained. 

In  spite  of  this  view,  Schenck  him- 
self is  southbound  today  patently  for 
the  purpose  of  discussing  his  code  ob- 
jections with  the   President. 

United  .Artists'  officials  yesterday 
refused  to  divulge  Schenck's  destina- 
tion, admitting,  however,  that  he  was 
out  of  the  city.  At  Schenck's  New 
York  apartment  it  was  said  that  he 
had  "left  for  the  South."  Confirma- 
tion that  his  destination  was  Warm 
Springs  came  from  sources  close  to 
the  film  executive. 

In  a  Motion  Picture  Daily  inter- 
view with  Schenck,  published  yester- 
day, the  United  Artists  head  charac- 
terized the  NRA  code  as  a  "tem- 
porary measure,"  and  said  of  Article 
.S  that  it  was  "likely  to  disorganize 
production  and  demoralize  the  indus- 
try." 

"Why  should  we  submit  to  demoral- 
ization for  something  that  has  only  a 
year  and  nine  months  more  to  go?" 
lie  asked. 

The  code  provision  fixing  a  fine  for 
payment  of  excessive  salaries,  Schenck 
found   "un-American   and   unethical." 


Cohen  Asks  Workers 
To  Ignore  ** Rumors" 

(Continued    from    pat/e    1) 

ward  to  its  complete  re-establishment 
on  a  very  sound  and  healthful  basis 
in  the  near  future." 

"I  ask  your  concentration  on  a 
maximum  effort  to  that  end  and  that 
in  giving  this  cooperation  you  disre- 
gard all  gossip  and  published  rumors 
which  are  untrue  and  deliberately  ma- 
licious." continued  the  message. 


Promise  of  Light  on  Code 
Excites  MPTO  of  Wisconsin 


(.Continued  from  page    1) 


the  change  in  front  assumed  by  Gen- 
eral Hugh  S-  Johnson,  who  had  open- 
ly approved  the  code  prior  to  his  mid- 
western  trip,  only  to  express  dissatis- 
faction upon  his  return  to  Washington 
late  last  week. 

"What  is  it  all  about,  anyway?"  is 
wliat  Wisconsin  theatremen  about  to 
go  into  their  first  state  convention  in 
17  months  are  asking. 

While  Milwaukee  eliminated  double 
features  by  agreement  five  months  ago 
and  all  exhibitors  are  abiding  except 
three  or  four  small  neighborhood 
houses,  there  seems  to  be  a  desire  to 
attenipt  their  elimination  on  a  state- 
wide basis.  So  far  as  they  know,  the 
code  in  its  present  form  continues  to 
make  no  mention  of  doubles  and  the 
resulting  opinion  is  this  trade  practice 
therefore  becomes  something  for  the 
proposed  local  grievance  boards  to 
settle.  Holdouts  on  the  dual  ban  take 
the  attitude  nothing  can  be  done  about 
it,  but  responsible  M.  P.  T.  O.  opin- 
ion maintains  the  code  does  or  should 
provide  for  settlement  by  either  spe- 
cifically setting  up  machinery  through 
elimination  by  a  majority  exhibitor 
vote  or  designating  the  grievance 
board  as  the  means  of  settlement. 

While  nobody  is  particularly  dis- 
turbed over  this  situation  the  reaction 
is  reforms  of  this  and  other  kinds 
planned  by  the  M.  P.  T.  O.  are  held 
up  by  the  code's  delay.  In  the  minds 
of  some  M.  P.  T.  O.  leaders  in  this 
territory  is  the  plan  to  seek  enactment 
of  a  state  fair  trade  practice  law  if 
the  NRA  code  is  to  continue  as  a 
phantorn.  They've  heard  there  is  to  be 
an  industry-wide  code,  but  when,  how 
and  what  are  questions  for  which 
answers  are  sought  avidly.  Rosen- 
blatt therefore  will  be  the  center  of 
attraction  at  the  two-day  convention 
here.  He  i§  expected  with  Mrs.  Ro- 
senblatt sometime  Tuesday. 

Kuykendall  on  Hand 

Ed  Kuykendall  arrived  tonight. 
Barney  Balaban  is  due  from  Chicago 
Tuesday  for  the  purpose  of  hearing 
Rosenblatt.  David  Palfreyman,  the- 
atre contact  for  the  Hays  association, 
and  Jack  Miller,  head  of  the  Chicago. 
Exhibitors  Ass'n,  are  other  outsiders 
due  Tuesday. 

Preliminaries  got  going  tonight 
when  the  board  of  directors  met  at 
a  dinner  at  the  Hotel  Schroeder  to 
further  plans  for  the  session.  Kuyken- 
dall was  among  those  present. 

Fred  S.  Meyer,  who  is  tired  of  an 
organization  wherein  inactive  mem- 
bers benefit  from  the  initia- 
tive of  the  active  group,  tonight 
went  on  record  for  a  cut  in  the  150 
members,  representing  225  theatres, 
now  enrolled,  to  half  if  elimination 
of  that  amount  of  deadwood  became 
necessary.  A  surprise,  therefore,  may 
be  in  store  for  the  organization  drones. 

Present  were  W.  L.  Ainsworth, 
Fond  du  Lac;  A.  C.  Berkholtz, 
West  Bend;  H.  C.  Buchanan.  Supe- 
rior ;  H.  S.  Gallup.  Marquette ;  George 
Huebner,  Oconomowoc;  Frank  Kop- 
pelberger.  La  Crosse;  Max  Krofta, 
Racine ;  Martin  Thomas,  Iron  Moun- 
tain; L.  F.  Thurwachter,  Waukesha, 
and  the  following  from  Milwaukee : 
Earl  and  George  Fischer,  H.  J.  Fitz- 
gerald, J.  S.  Grauman,  A.  C.  Guten- 
berg,   P:.    Langemack,    Paul    Langhe, 


I.  Urich,  Jr.,  Meyer  and  D.  E.  Wesh- 
ner. 

After  entertaining  Charles  Trampe 
and  Ben  Koenig-,  president  and  secre- 
tary, respectively,  of  the  local  film 
board,  the  directors  went  into  a  pri- 
vate session  at  which  Meyer's  plan 
for  reorganization  was  broached. 
The  real  work  of  the  convention  is 
to  be  handled  by  legislative  finance 
grievance  committees. 

Tonight  City  Hall  was  illuminated 
with  a  sign  welcoming  the  conven- 
tioneers. 

Many  Listed  to  Speak 

The  program  is  entirely  set. 

Speakers  in  addition  to  Rosenblatt 
will  be  Kuykendall,  head  of  the 
M.  P.T.  O.A..  M.  A.  Liehtman  and 
Dr.  E.  A.  Fitzpatrick,  I.  V.  Maier, 
advertising  manager,  Milztmukee  Jour- 
nal, who  will  discuss  clean  advertis- 
ing; L.  S.  McMeekin,  sales  manager 
of  a  Milwaukee  department  store, 
who  will  speak  on  the  relation  be- 
tween the  theatre  and  the  merchant; 
Mrs.  James  Buckland,  representing 
the  Wisconsin  Federation  of  Women's 
CJubs;  Mrs.  Paul  Griswold,  Milwau- 
kee Better  Films  Council;  Charles 
E.  Broughton,  editor,  Sheboygan 
Press,  who  will  speak  on  the  theatre 
and  the  press;  Rev.  Thomas  Riley, 
S.J.,  Marquette  University,  "Motion 
Pictures,  an  Opportunity  and  a  Re- 
sponsibility." 

Speakers  scheduled  for  the  banquet 
on  Tuesday  nig-ht  are  Meyer,  F.  Ryan 
Duffy,  U.  S.  Senator  from  Wiscon- 
sin, and   Gov.   A.   G.   Schmedeman. 

On  Wednesday  elections  will  be 
held  and  the  meeting  closes  with  a 
banquet.  Meyer  is  not  anxious  for 
re-election,  having  served  two  years 
with  the  Milwaukee  Theatre  Man- 
agers' Ass'n  before  merging  with  the 
state  unit  and  one  year  as  state 
president.  Here  is  Adrian  Rosen, 
Detroit  attorney  and  spokesman  for 
the  motor  city  exhibitor  group,  which 
proposes  a  unit  to  block  Allied  there. 
He  says  he  is  here  to  see  how  the 
M.  P.  T.  Oi.  organization  jfunptions. 
Felix  Feist  of  M-G-M  was  scheduled 
but  wired  his  wife's  illness  prohibited. 
R.  H.  Cochrane  wrote  he  would  be 
unable  to  attend. 


Two  Groups  Trying 
To  Organize  Extras 

Hollywood,  Nov.  20.— Two  factions 
of  extras  are  trying  to  organize  guilds. 
Each  is  accusing  the  other  of  coercion 
in  promising  protection  and  jobs  to 
extras  if  they  join  up.  David  Allen 
issued  a  statement  in  behalf  of  the 
Central  Casting  Bureau  in  which  it 
was  asserted  that  it  was  remaining 
neutral  in  the  fight,  as  it  could  not 
see  any  benefit  in  any  extra  organi- 
zation. The  battle  for  membership  is 
between  the  M.  P.  Supporting  and 
Extra  Players  Ass'n  and  the  Holly- 
wood Picture  Players  Ass'n. 


Silver  to  Meet  Weshner 

Milwaukee,  Nov.  20. — Moe  Sil- 
ver, western  theatre  division  mana- 
ger for  Warners,  is  due  here  Wed- 
nesday to  spend  the  rest  of  the  week 
conferring  with  David  Weshner,  local 
Warner  zone  manager. 


President  to 
Receive  Code 
Next  Friday 


(Continued   from   page    1) 

nearly  a  score  of  codes  are  ready  for 
final   approval. 

So  far  as  could  be  leajned  today, 
the  film  code  remained  in  a  comatose 
state  over  the  week-end,  and  expec- 
tations that  it  will  be  among  those 
taken  south  are  based  on  the  Gen- 
eral's statement  last  Friday  that  some- 
thing must  be  done  with  the  code 
within  a  week.  As  yet,  however,  ap- 
parently no  action  has  been  taken  to 
straighten  out  any  probleins  still  re- 
garded as  unsettled  in  the  latest  draft, 
and  no  intimation  has  been  given  of 
the  identity  of  the  provisions  with 
which   Johnson  is  not  satisfied. 


Hollywood  Studios 
Busy;  46  in  Work 

(Continued  from   page    \) 

preparation  and  18  in  the  cutting 
rooms. 

A  breakdown  of  the  above  totals 
for  features  lists  M-G-M  with  seven 
working,  two  preparing  and  four  in 
the  cutting  rooms;  Fox,  four,  two  and 
seven ;  Paramount,  five,  four  and 
three ;  United  Artists,  one,  one  and 
five ;  Universal,  five,  zero  and  five ; 
Columbia,  four,  one  and  two ;  Warn- 
ers, six,  four  and  12 ;  Radio,  three, 
four  and  seven,  while  the  independent 
group  of  feature  producers  lists  11, 
six    and   seven. 

Short  subjects  in  work  during  the 
week  included  Roach,  Universal  and 
Columbia  with  one  each  and  Radio, 
two. 


Ideas  Are  Sought 
On  the  Criterion 

(Continued  from,  page    1) 

property,    who   have   asked   that    they 
be  submitted  prior  to  Dec.   15. 

The  property,  which  includes  the 
Criterion  and  Loew's  New  York,  is 
held  by  Seneca  Holding  Corp.,  a  Par- 
amount Publix  subsidiary.  Trustees 
of  the  latter  have  endeavored  to  sell 
the  property,  without  success  thus  far. 
On  Nov.  15  a  three  months'  time 
extension  to  avoid  foreclosure  expired 
with  no  procedure  having  yet  been 
submitted  by  the  trustees  for  approval 
of  the  Federal  Court. 


"Castle'*  Is  Set  in 
Next  at  Music  Hall 

(Continued   from   page    1) 

out  for  the  Columbia  film.  "Only 
Yesterday"  netted  $75,069  at  the  liouse 
last  week. 

"The  Mad  Game"  at  the  7th  Ave. 
Roxy  grossed  $19,000;  "College 
Coach"  at  the  Strand,  $9,788;  "After 
Tonight"  and  "Ace  of  Aces,"  at  the 
RK'O  Roxy,  $10,827 ;  "Ace  of  Aces"  at 
the  Palace,  $13,150;  "Sweetheart  of 
Sigma  Chi"  at  the  Mayfair,  $11,000 
"The  World  Changes"  at  the  Holly- 
wood, $10,603;  "Eat  'Em  Alive"  at 
the  Cameo,  $4,795. 


i 


^..i^iiii^^  1 


y^ 


Dinner-Dance 


OF  THE 


Universal  Club 

(UNIVERSAL  PICTURES  CORPORATION) 

GRAND    BALL    ROOM    • 
WALDORF   ASTORIA    HOTEL 


Saturday  Evening,  Nov.  25,  1933 

DINNER  AT  7:30— ENTERTAINMENT 
AND  DANCING  FROM  THEN  ON 
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MOTION  PICTURE 

DAILY 


Tuesday,   November  21,    1933 


Rc^port  lATSE 
As  Curbing 
Local  Unions 


iCoiitiniicd    from    taiic    O 

prompt  action.  The  angle  is  that  tlicrc 
can  be  no  tampering  with  accusations 
that  embrace  elements  involving  the 
safety  of  women  and  children,  as  al- 
leged so  often  and  emphasized  again 
last  week  with  the  startling  condi- 
tions brought  to  light  in  Kansas  City. 

The  Jackson  County  Grand  Jury 
there  reported  it  had  found  it  neces- 
sary to  hold  hearings  and  call  wit- 
nesses at  secret  places  because  of  the 
latters'  fear  of  intimidation  and  vio- 
lence. The  I.  A.  T.  S.  E.  union  there 
denied  most  of  the  charges  ajid  ac- 
cused the  independent  operators' 
union  of  fomenting  the  violence.  The 
matter  has  assumed  such  general  pro- 
portions that  it  has  become  a  political 
issue. 

In  high  A.  F.  of  L.  circles  it  is 
understood  the  impression  was  fixed 
that  much  of  the  difficulty,  real  or 
fanciful  as  the  facts  may  prove,  was 
traceable  to  business  agents  who,  in 
many  unions  and  in  inany  cities,  oi>er- 
ate  under  wide,  almost  dictatorial 
powers,  whether  properly  accredited 
to  them  or  not. 

By  either  stripping  or  reducing  the 
influence  of  the  business  agent  and 
adding  to  the  I.  A.  executive  commit- 
tee's shoulders  what  is  so  removed 
from  the  province  of  the  former,  the 
disposal  of  charges  of  violence  can  be 
handled  through  a  more  responsible 
body  of  men,  it  is  understood  the  de- 
cision has  been. 

The  local  autonomy  phases  of  the 
I.  A.  T.  S.  E.  organization  always 
have  been  jealously  guarded  by  busi- 
ness agents.  What  their  reaction  to 
the  new  setup  will  be  is  unknown,  but 
fireworks   are   not   improbable. 

In  the  meantime,  the  official  I.  A. 
attitude  on  the  shift  is  one  of  com- 
plete denial.  This  is  echoed  in  Wash- 
ington, where  labor  officials  deny  the 
Federation  had  insisted  or  will  insist 
that  the  power  of  local  business  agents 
must  be  curtailed.  Local  autonomy 
will  continue  without  abatement,  it 
was  stated. 


Wehrenherg  Favors 
'^Family  Night"  Ads 

St.  Louis,  Nov.  20.^Theatre  own- 
ers should  24-sheet  their  "Family 
Night"  shows,  declared  Fred  Wehren- 
herg, president  of  the  M.  P.  T.  O. 
of  St.  Louis,  Eastern  Missouri  and 
Southern  Illinois,  in  an  address  before 
the    Better   Films    Council. 

"I  never  fail  to  24-sheet  my  'Fam- 
ily Night  shows,"  Wehrenberg  said. 
"My  returns  at  the  box-offices  have 
convinced  me  of  the  wisdom  of  tak- 
ing the  fullest  advantage  of  the  co- 
operation of  the  Better  Films  Coun- 
cil. I  wish  every  other  exhibitor  was 
wise  enough  to  realize  that  he  should 
get  behind  the  efforts  of  women  to 
help   him   toward   business." 

The  Better  Films  Council  here  has 
been  accepted  as  a  model  of  its  kind. 
It  objects  when  it  finds  a  picture  ob- 
jectional  from  a  family  standpoint,  but 
it  does  not  hesitate,  on  the  other 
hand,  by  radio  broadcast,  special 
bulletins  and  otherwise  on  pictures  it 
approves. 


''Invisible  Man''  Pulls 
$26,000  Over  Week-End 


With  "Invisible  Man"  grossing 
$26,000  for  the  first  three  days  at  the 
7th  .A.ve.  Roxy,  Howard  S.  Cullman 
anticipates  a  $40,000  week,  which 
would  break  the  record  for  the  last 
three  and  a  half  Clears.  Only  four 
other  pictures  have  played  to  more 
business  on  week-ends.  They  are 
"The  Cock-Eyed  World,"  "Happy 
Days,"  "Four  Sons,"  and  "High  So- 
ciety Blues."  The  55  cents  admission 
for  Saturdays,  Sundays  and  holidays 
has  been  increased  10  cents. 

Because  business  at  the  house  held 
up  tremendously  yesterday,  the  Uni- 
versal picture  is  being  held  for  a  sec- 
ond week.  It  is  one  of  the  few  pic- 
tures in  recent  years  to  receive  unani- 
mous praise  by  newspaper  critics.  A 
boildown  of  the  New  York  reviews 
follows : 

Times —  .  .  .  Photographic  magic  abounds. 
.  .  .  The  story  makes  such  superb  cine- 
matic material  that  one  wonders  that 
Hollywood  did  not  film  it  sooner.  Now 
that  it  has  been  done,  it  is  a  remarkable 
achievement.    .    .    . 

Hcrald-Tribttnc — Of  all  that  lengthy  se- 
ries of  horror  films  in  which  vampires, 
homicidal  robots,  revived  mummies,  mad 
scientists  and  Lionel  Atwill  have  frolicked 
murderously  across  the  eerie  screen,  one 
of  the  most  ingenious  and  successful  is 
"Tlie    Invisible    Man."    .    .     . 

World-Telegram — One  of  those  "drop 
everything;  it  simply  must  be  seen  at 
once"  horror  films  has  arrived  in  town. 
.  .  .  As  pure,  unadulterated  entertain- 
ment it  is  one  of  the  best  of  the  recent 
films.   .    .    For  sizzling  excitement   "The   In- 


Rift  Widens  Among 
Exhibitors  in  Ohio 

Columbus,  Nov.  20. — With  a  rift 
in  the  Ohio  theatre  ranks,  caused  by 
the  launching  of  the  Independent  M. 
P.  Exhibitors'  Ass'n  last  week,  both 
factions  are  inclined  to  criticize  each 
other,  especially  as  to  actual  or  con- 
templated tactics  to  be  employed  in 
the  tax  repeal  fight,  which  will  be 
carried  to  the  legislature  when  ft 
reconvenes   in  January. 

During  the  formulative  stages  of 
the  new  organization  there  appeared 
a  desire  on  the  part  of  the  M.P.T.O. 
of  Ohio,  both  expressed  and  implied, 
for  a  merger  of  the  two  organiza- 
tions for  the  benefit  of  combined 
strength,  financially  and  numerically 
on  the  tax  as  well  as  future  legisla- 
tion problems,  rather  than  a  divided 
effort  to  attain  the  same  objectives. 
The  independents,  however,  made  it 
plain  that  such  affiliation  would  not  be 
considered  under  any  circumstances, 
and  that  the  organization  would 
function   on   its   own. 


Shifts  in  Detroit 
Theatre  Setup  Made 

Detroit,  Nov.  20.  —  Several 
changes  in  theatre  management  have 
taken  place.  Gus  Coplan  has  disposed 
of  the  lease  on  the  Colony  and  has 
leased  the  Columbia,  downtown  third 
run.  It  has  been  closed  for  some 
time. 

Ben  and  Lou  Cohen  have  taken  over 
the  Norwood,  which  they  will  reopen 
within  the  next  three  weeks,  after  in- 
stalling W.  E.  wide-range  sound  and 
new  seats. 

.Arthur  D.  Baehr  is  out  as  manager 
of  the  Plaza,  which  will  be  run  now 
by    Julius    Fisher. 


visible  Man"  is  made-to-your-order  enter- 
tainment. 

F.;'enii\(t  Journal — "The  Invisible  Man" 
is  grand  entertainment.  It  is  at  tlie  same 
time  intensely  frightening  and  hugely  amus- 
ing. Blessed  with  the  most  imaginative 
idea  yet  captured  by  a  screen  mystery 
melodrama,  the  picture  has  been  directed 
with  such  skill  by  James  Wlialc  that  an 
utterly  fantastic  and  incredible  story  is 
made  to  seem  appallingly  and  thrillingly 
real. 

Daily  Mirror — This  chilling,  thrilling  fan- 
tasy is  real  entertainment.  Excellently  di- 
rected by  James  Whale,  skillfully  played 
by  a  great  cast,  it  introduces  one  of  the 
screen's  most  remarkable  acquisitions  from 
the  stage.  He  is  Claude  Rains,  who  plays 
the  title  role  and  gives  a  magnificent,  ter- 
rifying and  touching  performance  merely 
with  his  voice.  Unseen  until  the  very 
fade-out,   he  dominates  the   film   completely. 

Daily  News —  .  .  .The  like  of  "The  In- 
visible Man"  .  .  .  has  never  appeared,  or 
rather  been  done,  on  the  screen  before.  .  .  . 
H.  (i.  Wells'  fantastic  tale  is  cleverly 
transferred  to  the  screen  by  means  of  trick 
photography.    .    .    . 

....  I  heartily  recommend  a  visit  to 
the  old  Roxy.  for  this  is  an  unusual  type 
of  picture  that  should  not  be  missed.  It 
probably  will  open  up  the  way  to  other 
more    imaginative    stories    on    the    screen. 

American — Creepier  than  "Frankenstein," 
dreadful-er  than  "Dracula,"  here's  another 
skeery  one  from  ITniversal  to  haunt  your 
dreams  and  make  your  hair  staid  straight 
on  end.  A  chiller-thriller  through  and 
through,  tense  and  terrifying  and  excellent 
entertainment  for  those  who  can  "take 
it."    .    .    .       The    picture    is    superbly    made. 

Eveninp  Post. — The  imaginative  specula- 
tions of  H.  G.  Wells  lend  themselves,  in 
the  case  of  "The  Invisible  Man,"  admirably 
to  the  motion  picture  medium  with  the  re- 
sult that  the  picture  emerges  as  a  wholly 
distinguished  thriller. 

.  .  .  the  success  of  the  picture  is  due  as 
much  to  the  intelligence  with  which  R.  C. 
Sherriffff  has  adapted  the  story  to  the  screen 
and  the  quality  of  awesomeness  and  sus- 
pense which  James  Whale,  in  his  direction, 
has   managed  to  inject  in  it. 


Frisco  Goes 
Into  Throes 
Of  Rate  War 


(Continued   from    l^aiie    1) 

at  25  cents  will  be  shown.  The  St. 
Francis,  another  F.  W.  C.  spot,  which 
had  been  showing  twin  bills,  goes  to 
second  run  double  bills  at  30  cents. 
And  the  Fox,  leader  in  the  low  price 
war,  with  eight  acts  of  vaudeville, 
orchestra  and  two  first  run  independ- 
ent pictures,  all  at  25  cents,  with  15- 
cent  matinees.  The  El  Capitan,  lead- 
ing neighborhood,  has  dropped  from 
40  cents  to  30  cents  top. 

Despite  these  changes,  there  is  no 
sign  that  the  "war"  is  over.  New 
changes  are  expected  shortly,  and  it 
appears  that  either  the  low  chargers 
will  have  to  drop  out,  or  the  top- 
chargers  will  have  to  drop  down. 


Overseated  Seattle 
Slashes  Its  Scales 

Seatti-E,  Nov.  20. — Keen  competi- 
tion for  first  run  business  in  a  decided- 
ly overseated  situation  has  resulted  in 
four  local  first  runs  reducing  prices. 
Evergreen  State's  Fifth  Avenue  and 
Paramount  and  John  Hamrick's  Blue 
Mouse  and  Music  Bo.x  have  just  in- 
augurated a  scale  of  25  cents  from 
opening  until  6  P.  M.,  a  drop  of  five 
cents.  All  houses  except  the  Fifth 
Avenue  have  reduced  evening  prices 
from   40   cents   to   35   cents. 

Next  week,  the  Metropolitan  will 
abandon  Mischa  Guterson's  stage  "pro- 
logues" and  will  reduce  matinee  prices 
from  30  cents  to  25  cents. 


tin 


t 


tL. 


Neighborhood  Theatre 


now  using  D.  C. 
Low  Intensity  Reflector  Arcs 

NATIONAL  COPPER  COATED  HIGH  INTENSITY  A.C. 

PROJECTOR  CARBONS 

The  snow  white  light  characteristic 
of  the  high  intensity  D.  C.  Arc. 

A  much  higher  level  of  screen  illu- 
mination than  the  low  intensity 
D.  C.  reflector  arc  provides. 

Negligible  increase  in  operating 
cost.  No  M-G  set  or  ballast  resis- 
tance. 


NATIONAL 


LAMPS   NOW  AVAILAKLK 


PROJECTOR     CARBONS 


Sold  exclusively  through  Distributors  and  Dealers 

NATIONAL    CARBON     COMPANY,    INC. 

Carbon  Sales  Division,  Cleveland,  Ohio 
Unit  of  Union  Carbide   MNN    and  Carbon  Corporation 

Branch  Sales  Offices: 
New  York  Pittsburgh  Chicago  San  Francisco 


The  Leading 


JNewspaper 
61,  the 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
ana 

Faith  ful^ 
Service  ^to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  121 


NEW  YORK,  WEDNESDAY,  NOVEMBER  22,  1933 


TEN  CENTS 


Senate  Delves 
Into  Struggle 
For  Fox  Film 


Paper  Profits  of  $4,000,- 
000  Told  by  Witness 

Washington,  Nov.  21. — Events 
leading  up  to  the  transfer  of  control 
of  Fox  Film  and  Fox  Theatres  to 
General  Theatres  Equipment  were  re- 
viewed yesterday  by  the  Senate  stock 
market  investigators.  The  witness, 
Murray  Dodge,  former  vice-president 
of  the  Chase  Securities  Corp.,  said 
the  bankers  made  paper  profits  of  $4,- 
000,000. 

The  story  will  be  continued  Thurs- 
day by  its  chief  actor,  William  Fox, 
who  has  been  subpoenaed  by  the 
committee. 

Most  of  the  story  is  familiar  to 
film  men.  Its  highlights  were  that 
Fox  became  over-extended  as  a  re- 
sult of  the  purchase  of  the  Loew 
stock  and  a  heavy  interest  in  Gau- 
mont  British.  Through  two  loans  of 
$15,000,000  and  $27,000,000  and  the  is- 

(.Continued  on    pac/e  8) 


St.  Louis  Threats 
Stir  Up  No  Action 

St.  Louis,  Nov.  21. — Ultimatums 
have  had  no  effect  in  the  local  price 
war  so  far.  Charles  Evans,  Loew's 
States  manager,  has  threatened  to 
drop  to  25  cents  and  the  neighborhoods 
have  predicted  a  10-cent  top  as  a  re- 
sult of  the  elaborate  stage  shows  and 
dual  bills  which  F.  &  M.  are  putting 

(Continued  on   pape   8) 


Price  War  Develops 
In  California  Spots 

Redwood  City,  Cal.,  Nov.  21. — Fric- 
tion between  the  Redwood,  independ- 
ent, and  the  Sequoia,  Fox,  has  broken 
out  into  open  advertising  warfare, 
which  may  spread  to  the  entire  north- 
ern division  of  the  state  where  Fox 
theatres  compete  with  small  city  in- 
dependents. 

The  warfare  is  over  admission 
prices.    The  first  gun  was  fired  by  the 

(Continued  on  page   11) 


No  Return  of  Shows 
Looked  for  in  N.  O, 

New  Orleans,  Nov.  21. — A  survey 
of  downtown  and  neighborhood  houses 
shows  that  vaudeville,  musicians  and 
stagehands  will  not  come  back  this 
season.     Previous   to   the  walkout   of 

(Continued  on  page  11) 


Fans  Hit  Buffalo 

Buffalo,  Nov.  21.— That  fan 
dance  craze  hit  this  town  so 
hard  Vincent  R.  McFaul,  man> 
ager  of  Shea's  Buffalo,  had 
to  fix  up  a  "mamas'"  room 
to  keep  a  flock  of  watchful 
parents  from  cluttering  up 
the  stage. 

McFaul  figured  one  fan 
dancer  wouldn't  be  enough 
for  this  town,  so  had  a  stage 
full.  Police  Captain  Edward 
A.  Thierfeldt  demanded  some 
clothes,  but  when  the  lights 
were  switched  from  pink  to 
blue  he  withdrew  the  demand. 


Baltimoreans 
See  Benefits 
From  Repeal 


Baltimore,  Nov.  21.  —  Opinion 
seems  to  be  unanimous  here  that  re- 
peal will  benefit  box-ofiices. 

Meyer  Leventhal,  managing  direc- 
tor of  the  Philip  J.  Scheck  Enterprises, 
thinks  repeal  is  the  best  thing  that 
ever  happened  to  this  country  even 
though  he  is  not  a  drinking  man. 
People  may  have  a  tendency  to 
splurge  at  first,  but  within  60  days 
this  will  die  out,  he  says.  He  was 
emphatic  in  his  opinion  that  re-em- 
ployment will  follow  repeal  and  that 
it  will  put  more  people  to  work  and 
that's    what   counts. 

"You'll  find,"  he  says,  "the  genera- 
tion of  today  will  not  jump  at  the 
chance  to  get  and  drink  fiquor.  I 
have  observed   in   restaurants   that  90 

(Continued  on   pape  8) 


Hertz  to  Go  Back 
Upon  Stand  Today 

John  Hertz,  former  chairman  of  the 
Paramount  Publix  finance  committee, 
is  scheduled  to  resume  his  testimony 
concerning  his  part  in  the  financial 
affairs  of  the  company  during  the  14 
months  immediately  preceding  its 
bankruptcy,  when  an  adjourned  first 
(Continued  on  page  8) 

Day  and  Date  Runs 
Out  of  Pittsburgh 

Pittsburgh,  Nov.  21. — After  a 
month  under  a  day-and-date  policy, 
the  Warner,  downtown,  and  the  Sher- 
idan Square,  in  East  Liberty,  will 
both  go  back  on  their  own  this  week. 
The  Warner  sticks  to  first  runs  while 

(Continued  on   pape  8) 


Johnson  Says 
Code  Now  as 
He  Wants  It 


Attorney   General   Rules 
On  Penalty  Clause 


Washington,  Nov.  21. — Admitting 
that  he  would  take  the  film  code  to 
Warm  Springs  this  week,  as  an- 
nounced yesterday  in  Motion  Picture 
Daily,  Recovery  Administrator  Hugh 
S.  Johnson  today  declared  the  docu- 
ment now  to  be  "in  the  form  that  I'm 
willing  to  recommend  it." 

Although  General  Johnson  refused 
to  discuss  changes  which  may  have 
been  made  in  the  code  since  it  was 
reported  to  him  by  Deputv  NRA  Ad- 
ministrator Sol  A.  Rosenblatt,  it  was 
definitely  learned  tonight  that  there 
have  been  no  material  changes  and 
that  it  is  in  substantially  the  same 
form  as  he  received  it. 

It  was  also  learned  that  the  De- 
partment of  Justice  was  not  asked  to 
render   an  opinion  on  the  legality  "of 

(Continued  on  page  11) 


Kuykendall 
Tells  Danger 
Of  Wrangling 

May  Mean  Only  a  Labor 
Code,  He  Declares 


President  Confers 
With  J.  M.  Sehenck 

Warm  Springs,  Ga.,  Nov.  21 — 
Joseph  M.  Sehenck,  president  of 
United  Artists,  arrived  here  this 
morning  and  paid  a  personal  call  on 
President   Roosevelt. 

Sehenck  had  expressed  a  desire  to 
see  the  President  before  he  left  Wash- 
ington, but  as  the  Chief  Executive  was 
pressed  for  time  no  conference  could 
be  arranged.  He  came  here  with  the 
understanding  that  the  code  was  not 
to  be  discussed,  because  it  is  the  policy 
of  the  President  not  to  engage  in 
such  conversations  while  negotiations 
are  being  carried  on  between  General 
Hugh   S.   Johnson,   recovery  adminis- 

(Continued  on  page  11) 

No  NRA  Charge  Yet, 
Independents  State 

No  notification  to  appear  before  the 
NRA  compliance  board  here  to  an- 
swer charges  of  alleged  infractions  of 
the  President's  re-employment  agree- 
ment has  been  received  by  independent 
exhibitors  up  to  last  night,  according 
to  Tom  Murray,  executive  secretary 
of  the  M.  P.  Theatre  Industry  of  the 
Metropolitan  Division. 

Newspaper  reports  vesterday  quoted 
Grover  A.  Whalen,  'local  NRA  ad- 
ministrator, as  stating  that  numerous 
independents  would  be  instructed  to 
appear    before    the    compliance    board 

(Continued  on  page  11) 


By  RED  KANN 

Milwaukee,  Nov.  21. — Ed  Kuyken- 
dall today  warned  approximately  70 
Wisconsin  exhibitors  that  unless  the 
industry  got  together  and  eliminated 
wrangling  it  would  have  a  labor  code 
only  and  no  benefits  in  the  way  of 
fair   trade   practices. 

"We  are  getting  fair  trade  practices 
in  return  for  what  we  propose  giving 
labor,"  he  said. 

This  was  one  highlight  of  the  open- 
ing day  of  the  annual  convention  of 
the  M.P.T.O.  of  Wisconsin  and  Up- 
per Michigan.  The  M.P.T.O.A.  pres- 
ident's warning  came  near  the  con- 
clusion of  a  lengthy  speech  in  which 
he  highlighted  the  code  deliberations 
at  Washington.  He  cited  as  victories 
the  10  per  cent  cancellation  clause 
and  designated  playdates.  He  told  of 
(Continued  on  page  5) 


Code  May  Not  FiU 
All  Needs  -  Kann 

Milwaukee,  Nov.  21.  —  Warning 
the  proposed  code  will  not  embody 
everything  exhibitors  may  think  they 
should  have,  Red-  Kann,  editor  of 
Motion  Picture  Daily,  today  told 
delegates  at  the  Wisconsin  M.P.T.O. 
convention  nothing  else  could  be  ex- 
pected in  view  of  the  effort  to  clean 
up  in  a  few  months  all  of  the  in- 
iContinued  on  Page  5) 


October  Theatres 
Tax  Shows  a  Drop 

Washington,  Nov.  21 — Indicating 
that  the  theatrical  business  is  in  none 
too  good  a  condition,  figures  on  Octo- 
ber tax  collections  released  today  by 
the  Bureau  of  Internal  Revenue  place 
receipts  from  the  amusement  tax  last 
month  at  $1,122,568,  against  $1,509,- 
708  in  the  same  period  last  year. 


McCarthy  Joins  Hays 
Staff  on  Publicity 

J.  J.  McCarthy,  long  identified  with 
pictures  and  the  legitimate  theatre, 
has  undertaken,  at  the  request  of  Will 
H.  Hays,  a  special  assignment  in  con- 

(Continucd  on  page   11) 


MOTION  PICTURE 

DAILY 


Wednesday,    November  22,    1933 


MOTION  PICTURE 

DAILY 

Registered  U.  S.  Patent  Office 


i    Purely  Personal    ► 


Vol. 


November   22,    19o3 


No.    121 


Mjuitin  Quigley 
Editor-in-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager 

^^fV  PUBLISHED  daily,  except  Sunday 
fll  J  and  holidays,  by  Motion  Picture 
X^^  Daily,   Inc.,  a   Quigley   Publication, 

^  at  1790  Broadway,  New  York, 
Telephone  Circle  7-3100.  Cable  address 
"Quigpubco,  N«w  York."  All  contents 
copyrighted.  „  ^  ., 

Hollywood  Office:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets;  Victor 
M.  Shapiro,  Manager.  Chicago  Office:  407 
South  Dearborn  Street;  Edwin  S.  Clifford, 
Manager.  ,, 

London  correspondent:  IV.  H.  Mooring , 
41  Redhill  Drive,  Exlgware,  London,  Eng- 
land. Berlin  correspondent:  Joachtm  K. 
Rutenberg,  "The  Film  Kurier,"  Kothener- 
strasse  37,  Berlin,  W-  9.  Paris  corres- 
pondent: Pierre  Autre,  19  Rue  de 
Cour     des-Noues. 

Entered  as  second  class  mat- 
ter 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;  Canada  and  foreign: 
$15.     Single    copies:    10    cents. 


Wl  0OO««M«T 


DeGrandcourt  to  Produce 

Charles  De  Grandcourt,  who  claims 
a  unique  e.xi>erience  in  the  industry, 
in  that  he  has  studied  the  story 
values,  star  and  screen  personality  ap- 
peals of  5.000  features  while  head  of 
the  editorial  department  of  National 
Screen  Service,  is  planning  to  enter 
production.  He  is  making  his  head- 
quarters with  the  Playhouse  Oper- 
ating Co.,  of  which  he  is  a  director, 
at  present. 


Allied  Discusses  Product 

Product  and  latest  developments  on 
the  proposed  industry  code  yesterday 
highlighted  the  regular  meeting  of 
Allied  of  New  Jersey.  Members  re- 
ported a  sharp  drop  in  business  dur- 
ing the  past  three  weeks  and  the  feel- 
ing was  noted  that  theatres  may  be 
forced  to  close  two  or  three  days  a 
week  because  of  the  local  product  sit- 
uation.   About  40  attended  the  session. 


Miss  O'Sullivan  Very  III 

Hollywood.  Nov.  21 — M  a  u  r  e  e  n 
O'Sullivan  is  in  a  critical  condition  at 
the  Cedars  of  Lebanon  Hospital  fol- 
lowing an  operation  for  appendicitis. 
Peritonitis    has    set    in. 


T  OHN  MOYNIHAN,  Warner  pub- 
»J  licity  man,  is  back  at  his  desk  after 
a  two-week  convalescence  from  in- 
juries received  when  he  went  to  the 
aid  of  beauty  in  distress  and  was 
slugged   by   a   team  of   gorillas. 

Charlie  and  Mrs.  Einfeld  leave 
for  the  coast  today  where  the  Warner 
advertising  director  will  go  into  a 
huddle  for  four  weeks  on  special  ex- 
ploitation plans  for  "Wonder  Bar" 
and  "Anthony  Adverse." 

Jane  Buchanan  and  Burgess 
Meredith,  who  may  soon  trek  to  the 
coast  for  picture  work,  have  opened 
in  the  leading  cornedy  roles  in  "She 
Loves  Me  Not." 

Al  Zimbalist,  advertising  director 
for  Warners'  St.  Louis  Amusement 
Co.,  is  getting  a  few  bites  on  his  re- 
vised plays,  "Tough  Guy"  and  "What 
Good  Am  I?" 

Ernst  Lubitsch  and  Miriam  Hop- 
kins are  set  for  the  Fleischman  radio 
hour  tomorrow  evening.  Gary  Cooper 
also  may  appear  in  a  skit  from 
"Design  for   Living." 

Franchot  Tone  was  signed  to  a 
new  long-term  contract  by  MGM  here 
yesterday.  He  is  scheduled  to  end  his 
local  visit  and  return  to  the  coast  in 
about  10  days. 

Joe  Wolf  and  Roy  Winkler  are 
pinch-hitting  in  the  Warner  art  de- 
partment while  Tony  Gablick  and 
Jesse  Gourlay,  department  heads, 
are   on   the   sick   list. 

AnoLPH  ZuKOR,  looking  none  the 
worse  for  his  recent  illness,  attended 
the  premiere  of  "She  Loves  Me  Not" 
Monday  evening. 

A.  W.  Smith,  in  charge  of  War- 
ners' eastern  and  Canadian  sales,  left 
yesterday  on  a  field  trip  through 
Canada  and  the  east. 

Don  Clarke  has  just  finished  his 
latest  book,  "Alabam,"  which  he  says 
deals  with  Hollywood.  It  is  not  a 
satire. 

Sol  G.  Newman,  managing  direc- 
tor in  London  of  Radio  Pictures,  Ltd., 
arrived  yesterday  on  the  He  de  France 
for  a  brief  business  visit. 


MASCOT  PICTURES 
CORPORATION 

ANNOUNCES 
Now  in  Production 

''THE  MYSTERY 
SQUADRON'' 

with 

BOB  STEELE 

A  Twelve  Episode  Serial 

Mascot  Pictures 
Corporation 


1776  Broadway 


New  York,  N.  Y. 


CHARLES  KOERNER,  Boston 
RKO  theatre  head,  left  for  Bean- 
town  last  night  after  conferring  with 
home  office  executives. 

Katharine  Hepburn  has  returned 
from  Hartford  where  she  visited  her 
mother  and  has  started  rehearsals  in 
"The   Lake." 

Albert  S.    How  son,   in   charge   of 

Warners'  censorship    department,    is 

directing  three    one-act    plays    to    be 

presented  Saturday    in    Forest    Hills. 

Alfred  W.  Schwalberc,  president 
of  the  Warner  Club,  received  his 
third  Masonic  Degree  at  Robert  Ful- 
ton Lodge  last  night. 

David  Sarnoff,  Lewis  Milestone 
and  Raquel  Torres  arrived  yesterday 
on  the  lie  De  France. 

Rex  Ingram  has  completed  his  first 
novel,  "Blue  Faces  on  the  Desert,"  a 
story  of  the  Foreign  Legion. 

Warren  William,  who  has  been 
spending  a  vacation  here,  will  leave 
for  Hollywood  tomorrow. 

Mrs.  Robert  Wilby  of  Atlanta  has 
returned  to  her  native  city  after  shop- 
ping here  for  a  week. 

Irving  Shiffrin  of  Radio  Pictures 
plans  a  big  party  for  his  baby's  second 
birthday  on  Christmas. 

Leon  Rosenblatt  has  gone  to 
Atlantic  City  for  a  vacation. 

Elissa  Landi  is  in  town  from  the 
coast. 

Leland  Hayward,  agent,  is  back 
from  Hollywood. 

Irene  Dunn  leaves  for  the  coast 
next   week. 

Howard  S.  Cullman  left  for 
Washington  yesterday. 

Gregory  Ratoff  will  arrive  from 
Hollywood  tomorrow. 

Harry  Brandt  has  been  laid  up 
this    week    with    a    cold. 


Para,  to  Broadcast 
For  Charlotte  Henry 

Hollywood,  Nov.  21. — ^Follawirig 
the  success  of  M-G-M's  nationwide 
broadcast  of  the  Marie  Dressier  birth- 
day party,  Paramount  is  putting  on 
the  air  a  party  in  honor  of  Charlotte 
Henry,  star  of  "Alice  in  Wonderland," 
which  will  be  attended  by  approxi- 
mately 50  film  celebrities. 

The  party  is  scheduled  for  Thurs- 
day and  will  go  on  the  air  over  the 
Blue  and  Red  National  networks  to 
be  picked  up  on  short  wave  by  the 
British  Broadcasting  Co. 


Eastman  Jumps  One  Point 

High  Low  Close 

Columbia    Pictures,    vtc 26yi  26  26 

Consolidated    Film    Industries S'A  3'A  iVi 

Consolidated    Film   Industries,   pfd WVi  10  10 

Eastman     Kodak     78  76  77 

Loew's,  Inc 31^  30j^  305^^ 

Loew's,    Inc.,    pfd 70  70  70 

Paramount    Publix     IJi  1|^  W& 

Pathe    Exchange     2  1^  1J4 

Pathe    Exchange    "A" WJS  10  10 

RKO     2^  2Vi  2^ 

Warner   Bros 614  6"^  6Ys 


Net 
Change 


—1 

-fl 
—1 
+2 

-'/8 

-  y& 
—1 


/« 


Technicolor  Off  Quarter  on  Curb 


Technicolor 
Trans     Lux 


'High 

.    lOJi 

.  m 


Low 

1054 


Close 

lOfi 

m 


Bonds  Not  Very  Active 


General  Theatre   Equipment   6s  '40 4 


J-Iigh      Low 


General   Theatre   Equipment  6s   '40,   ctf. 

Keith    B.    F.   63   '46 

Paramount    F.    L.    6s    '47 

Paramount    Publix    S'As    '50. 


i'A 
45 
24 
24 


Warner    Bros.    6s    '39,    wd 41 


VA 
45 
2Zyf. 
23J4 
4054 


Close 

4 

3/2 
45 
24 
2354 
4034 


Net 
Change 

-  !4 
'-Vi 


Net 
Change 


-  V2 
+  54 


Sales 

400 

100 

400 

800 

1,200 

100 

1,400 

2,000 

1,600 

100 

2,000 


Sales 

100 
200 


Sales 

1 
1 
1 
104 
6 
26 


Film  Score  Going  on  Air 

The  music  score  of  M-G-M's  "Danc- 
ing Lady"  is  to  be  broadcast  from 
WEAF  over  a  national  hookup  by 
Paul  Whiteman  tomorrow  night  at 
10  o'clock  on  the  Kraft-Phoenix  hour. 
This  is  said  to  be  the  first  time  a 
complete  score  of  a  picture  has  been 
arranged  for  the  air.  On  Nov.  30 
the  score  of  "Going  Hollywood"  also 
will  be  put  on  the  air  at  the  same 
hour. 


Three  to  Add  Vaude 

Effective  Saturday,  the  Tilyou, 
Coney  Island,  and  the  Strand,  Far 
Rockaway,  will  add  vaudeville.  Stan- 
ley Lawton  is  adding  vaudeville  at  the 
Broadway  and  plans  to  install  the 
same  policy  at  his  other  straight  pic- 
ture houses.  RKO  eliminates  vaude- 
ville from  the  105th  Street  theatre  in 
Cleveland  on  Dec.  1. 


''Sitting  Pretty'*  Seen 

Paramount  showed  "Sitting  Pretty," 
its  new  musical,  to  an  invited  audi- 
ence at  the  Criterion  yesterday.  Many 
critics  and  executives  were  present. 
Among  those  there  were  Boris  Mor- 
ros,  Gordon  and  Revel,  authors  of  the 
songs  in  the  picture ;  Harry  Linetska, 
Jack  Pearl,  Rubinofif,  Ethel  Merman, 
Lillian  Roth,  Harriet  Hilliard,  and 
Bob  Goldstein. 


M-G-M,  Bennett  Dicker 

Hollywood,  Nov.  21 — MGM  has 
been  dickering  with  Constance  Ben- 
nett for  the  past  week  for  a  one-pic- 
ture deal.  As  soon  as  a  suitable  story 
has  been  chosen  the  deal  will  be 
closed,  it  is  understood.  She  has  one 
more  to  make  for  Radio. 


Warners-Robinson  Argue 

Hollywood,  Nov.  21 — Warners  and 
Edward  G.  Robinson  are  understood 
to  be  in  the  throes  of  a  disagreement 
because  the  company  wants  to  defer 
"Napoleon"  in  favor  of  a  story  not  of 
a  biographical  nature,  and  he  is  in- 
sisting on  "Napoleon." 


Change  Benefit  Date 

The  annual  benefit  performance  for 
the  Milk  and  Egg  Fund  and  the 
Actors'  Benefit  will  be  held  at  the 
Imperial  Theatre  Jan.  27,  instead  of 
Dec.  17,  as  planned  originally.  Con- 
flicting public  engagements  during  De- 
cember influenced  the  change. 


Darst  for  St.  Louis  Job 

St.  Louis,  Nov.  21. — James  E. 
Darst,  former  manager  of  the  Fox 
News,  the  old  silent  newsreel,  is  to  be 
made  manager  of  the  Municipal  Audi- 
torium. After  the  World  War  Darst 
established  the  American  Legion  pub- 
licity bureau. 


rsatural! 


Clara  bowls  them  over  in 
her  second  hit  for  FOX.  A 
performance  charged  with 
drama  .  .  .  melting  with 
romance  . . .  bubbling  with 
laughter.. .tense  with  thrills. 
A  carnival  dancer  . . .  hyp- 
notizing, tantalizing  . . .  but 
loving  with  a  loyalty  that 
possesses  her  very  soul. 


BOW 

HOOPLA 


m 


it 


^^SJ^Be 


%l 


IT'S 


// 


IN ...  AS  FOX  MANPOWER 
^YAGE  WITH  THIS  FOLLOW-UP  SENSATION 


More  of  everything  that  makes  the  crowds  pay  out.  A  great 
show  ...  a  showman's  show  ...  a  ticket-seller's  jamboree. 
You'll  glow  with  satisfaction   as.^ou  count  up   your  receipts! 


Your  patrons  always  like 

FOX  MOVIETONE  NEWS 


HOOPLA 

with 

PRESTON     FOSTER 
RICHARD  CROMWELL 

Herbert  Mundin   •  James 
Gleason  •  Minna  Gombell 

From  the  play  "The  Barker"  byJOHN 
KENYON  NICHOLSON.  Stage  play 
produced  by  CHARLES  L.  WAGNER. 

Al   Rockett  Production 

Directed  by  FRANK  LLOYD 


Wednesday,   November   22,    1933 


MOTION  PICTURE 

DAILY 


Kuykendall 
Tells  Danger 
Of  Wrangling 


(Continued  from  page    1) 

the  anticipated  elimination  of  many 
unfair  conditions  through  the  pro- 
posed grievance  and  zoning  boards 
and  made  it  clear  the  M.P.T.O.A.  is 
still  fighting  for  the  removal  of  score 
charges,  which  he  described  as  "a 
racket." 

Making  no  direct  reference  to  Al- 
lied, he  answered  the  organization's 
oft-expressed  opinion  that  the  M.P. 
T.O.A.  was  producer-subsidized  when 
he  said : 

"The  M.P.T.O.A.  has  had  lots  of 
ugly  things  thrown  at  it  and  is  used 
to  the  charge  it  is  subsidized.  VVe 
invite  any  theatre  owner  to  join, 
whether  independent,  affiliated  or  other- 
wise. Why  not?  If  I  had  my  way  I 
would  ask  film  exchanges  to  join  as 
well.  What  harm  is  there  if  we  do 
this  in  the  open  ?  At  least  we  don't  go 
around  begging  for  funds  and  plead- 
ing that  nothing  be  said  about  it.  As 
we  are  constituted  there  can  be  no 
producer  control  of  the  M.P.T.O.A., 
and  what  we  get  from  distributors  at 
least  is  in  the  open." 

Again  Refers  to  Allied 

Again  making  no  mention  of  Al- 
lied, but  echoing  the  charges  he  is 
understood  to  have  hurled  in  the  lobby 
of  the  Mayflower  Hotel  in  Washing- 
ton before  Deputy  NRA  Administra- 
tor Sol  A.  Rosenblatt,  Kuykendall 
made  a  second  reference  to  Allied 
when  he  said :  "I  don't  know  of  any 
organization  which  hasn't  asked  the 
Hays  association  for  help  in  the  last 
two   months." 

Declaring  the  depression  had  made 
some  showmen  and  eliminated  others 
"who  couldn't  be  and  didn't  want  to 
be  showmen,"  Kuykendall  described 
the  men  who  run  the  theatres  as  the 
shock  absorbers  of  the  industry. 

"You  bear  all  of  the  criticism,"  he 
said,  "and  Hollywood  and  New  York 
have  no  right  to  ram  down  your 
throats  pictures  which  are  unsuited 
for  your  theatres.  As  a  matter  of 
fact  we  could  have  eliminated  many 
current  practices  if  exhibitors  had 
unity  of  action.  The  fact  they  have 
no  unity  was  brought  out  very  clearly 
during  the  code  meetings.  But  more 
and  more  the  personal  equation  in 
theatre  operation  is  asserting  itself. 
Chains,  whether  independent  or  affili- 
ated, are  finding  it  harder  and  harder 
to  operate  on  their  current  basis.  Per- 
sonality in  theatre  management  will 
rule  from  now  on.  Some  of  the  so- 
called  super-men  are  being  replaced 
by  common  sense  men." 

Harking  back  to  his  part  in  fight- 
ing the  admission  tax,  Kuykendall 
declared  most  legislators  failed  to  re- 
gard the  industry  as  essential.  He 
blamed  exhibitors  with  laxity  in  fail- 
ing to  cultivate  their  lawmakers  for 
this  and  urged  theatremen,  regardless 
of  exhibitor  association  affiliations,  to 
work  to  the  end  that  the  business  be 
removed  from  the  luxury  classifica- 
tion. 

Fight  Tax  Moves,  He  Says 

Indirectly  confirming  Motion  Pic- 
ture Daily's  story  that  local  busi- 
ness agents  of  operators'  unions  were 
having  their  power  curtailed,  Kuy- 
kendall,  in  touching   lightly   on  labor 


code  dealings,  which  Jack  Miller  will 
explain  in  full  Wednesday,  stated 
strikes  often  ordered  by  them  will 
be  out  unless  approved  by  the 
I.A.T.S.E.  The  purpose  of  the  LA. 
in  opening  a  Washington  office  under 
Lou  Krouse,  vice-president,  was  this, 
he  added. 

Fred  S.  Meyer,  state  president, 
struck  an  interesting  note  when  he 
described  any  differences  which  may 
exist  between  the  M.P.T.O.A.  and 
Allied  as  imaginary.  "Certainly,"  he 
said,  "we  are  100  per  cent  in  accord 
on    legislative   matters." 

Making  good  on  his  viewpoint,  he 
then  gave  the  open  forum  to  Frank 
J.  McWilliams  of  the  Eastwood,  Mad- 
ison, and  president  of  the  competitive 
Allied      state      unit.  McWilliams 

sounded  the  note  against  dirty  pic- 
tures which  was  reflected  before  and 
later  by  three  other  speakers.  Trac- 
ing the  history  of  the  Hays  morality 
code  which  the  speaker  declared  was 
written  three  years  ago  by  a  Jesuit 
priest  resident  in  St.  Louis  after 
Jewish,  Protestant  and  Catholic 
groups  had  failed  to  agree  on  a  joint 
program,  McWilliams,  himself  a  for- 
mer president  of  the  Wisconsin 
M.P.T.O.,  scored  the  Hays  member 
companies  for  failing  to  live  up  to 
it.  Expressing  the  opinion  voiced 
individually  around  the  convention  by 
many  upstate  Wisconsin  theatremen, 
McWilliams  warned  the  Catholic 
church  had  about  made  up  its  mind 
to  no  longer  stand  by  while  filthy 
pictures   were   shown. 

Sentiment  Against  Obscenity 

Admitting  many  pictures  were 
wholesome,  but  denying  exhibitors  had 
the  right  to  cancel  salacious  films 
without  paying  rental,  McWilliams 
told  the  story  of  how  the  Apostolic 
delegate  to  the  United  States  recently 
expressed  the  displeasure  of  Rome 
against  immoral  films  and  how  a  re- 
cent meeting  of  Catholic  women  in 
St.  Paul  determined  to  strike  for 
clean  screens  by  hitting  at  the  box- 
office  by  urging  members  to  stay 
out  of  theatres.  He  described  a  three- 
page  telegram  sent  by  the  National 
Council  of  Catholic  Men  to  the 
President  from  Chicago  three  weeks 
ago  urging  Roosevelt  not  to  sign  any 
code  unless  it  specifically  included  a 
safeguard  against  salacious  films. 

'Failing  to  designate  the  Detroit 
theatre  by  name,  he  continued  that  a 
recent  request  to  withdraw  a  film 
adjudged  immoral  had  been  refused 
by  the  theatre,  which  then  became  the 
target  of  a  boycott  by  many  of  its 
patrons  and  cited  another  unnamed 
Cleveland  house  as  having  gone 
through  the  identical  experience  re- 
cently. "I  am  at  a  loss,"  he  said, 
"how  to  stop  this  but  I  warn  you  to 
be  alert.  Watch  salacious  stills^  cuts 
and  advertising  and  gumshoe  it. 
Write  producers  and  tell  them  you 
will  no  longer  stand  for  dirty  pic- 
tures. You  are  faced  with  a  boy- 
cott by  one  out  of  every  five  coming 
into  your  theatre  and  this  is  no  time 
to  be  faced  with  a  situation  such  as 
that." 

Meyer  Concurs 

The  same  thought  was  struck  in 
Meyer's  annual  report  delivered 
in     the     morning,     when     he     said : 

"I  predict  here  and  now  that  the 
future  of  the  motion  picture  industry 
depends  on  a  radical  departure  from 
present-day  conditions  ;  a  different  and 
more  varied  type  of  production,  an 
entirely  different  method  of  distribu- 
tion and  certainly  a  complete  rejuve- 
nation of  the  exhibition  branch  of  our 
business." 


First  in  3  Years 

Holding  over  of  "The  In- 
visible Man"  at  the  7th  Ave. 
Roxy  marks  the  first  ex- 
tended booking  in  three 
years,  or  since  "The  King  of 
Jazz."  More  than  80,000  at- 
tended the  Roxy  in  the  first 
four   days. 

Both  "The  Invisible  Man" 
and  "King  of  Jazz"  are  Uni- 
versal releases. 


Warning  exhibitors  were  faced  with 
a  problem,  Meyer  at  another  point 
told  of  a  local  campaign  to  bar  chil- 
dren from  unwholesome  pictures  and 
declared  the  group  behind  the  move 
is  ready  to  work  for  a  law  prohibiting 
children  under  14  in  picture  houses 
unless  the  flood  of  terror  pictures 
ended. 

Kuykendall  as  a  third  speaker  em- 
phasized the  identical  issue  by  stating 
wholesome  films  alone  will  put  over 
theatre  operation  and  therefore  Holly- 
wood should  be  told  about  how  ex- 
hibitors  felt. 

A  fourth  was  Father  Thomas  Reil- 
ly,  head  of  the  Sociology  Department 
of  Marquette  University.  Declaring 
28,000,000  children,  or  as  many  as  at- 
tended schools,  attended  films,  he  as- 
serted the  obligation  on  the  exhibitor 
was  a  real  one.  Father  Reilly  pointed 
out  opinion  differed  on  whether  films 
affected  children  adversely  or  other- 
wise, but  made  his  own  opinion  em- 
phatic when  he  added  the  box-office 
was  not  and  could  not  always  be  the 
first  consideration. 

Plans    New    Financial    Structure 

The  Wisconsin  unit  is  heading 
toward  a  new  constitution,  by-laws 
or  amendment  which  would  revarry) 
the  financial  structure  and  eliminate 
non-payers,  along  lines  advocated  by 
Meyer  to  the  directors  in  a  private 
meeting  Monday  evening.  Unless 
properly  bulwarked,  he  declared  it 
would  be  impossible  to  continue  to 
ward  ofif  adverse  legislation.  Wis- 
consin, he  added,  in  the  last  year  had 
escaped  all  inimical  legislation,  includ- 
ing two  men  in  a  booth,  a  state  }0 
per  cent  admission  tax  and  blue  laws. 

The  Wednesday  highlight  will  be 
Deputy  Sol  A.  Rosenblatt. 

The  second  and  last  session  also 
will  mark  an  open  forum  on  griev- 
ances and  reports  will  be  read. 

W.  L.  Ainsworth  today  was  ap- 
pointed chairman  of  the  Financial 
Credential  Committee;  A.  C.  Berk- 
holtz,  resolution  and  grievance  chair- 
man ;  Bob  Guiterman,  Legislative 
Committee  head. 

Other  speakers  today  were  Mrs. 
Paul  Griswald,  Milwaukee  Better 
Films  Council,  and  Mrs.  James  Buck- 
land,  chairman  of  the  film  division  of 
the  Wisconsin  Federated  Women's 
Club,  both  stressing  disapproval  of 
political  censors,  censorship  and  ad- 
vocacy of  the  selectivity  plan  for 
recommended  films.  Irving  Maier  of 
the  ad  department  of  the  Wisconsin 
Jonrn-al  took  a  crack  at  superlatives 
in  advertising,  as  did  L.  McMeekin, 
representing  the  Boston  store  here. 
Wednesday  night  a  banquet  winds  up 
the  Convention. 


Code  May  Not  FiU 
All  Needs  -  Kann 


(.Continued  from   pope    1) 

herent  evils  and  differences  between 
major  industry  branches,  which  had 
been  riding  rampant  for  20  years. 

"Producers,"  he  said,  "failed  to 
agree  among  themselves  and  other 
producers.  Distributors  failed  to  see 
the  same  problems  with  other  dis- 
tributors eye  to  eye  and  exhibitors 
were  split  into  two  different  national 
associations.  How  the  code  will  work 
nobody  knows. 

"It  remains  to  be  seen.  Grievance 
and  zoning  boards  are  supposed  to 
solve  exhibitor  troubles,  and  they  may. 
But  if  they  don't  and  if  inequities  or 
even  iniquities  appear,  there  is  always 
a  chance  to  make  remedies.  The  code 
has  not  been  signed  to  date  because 
its  effect  goes  beyond  the  film  indus- 
try in  that  any  rulings  the  NRA  may 
make  might  easily  be  considered 
precedents  for  all  other  industries.  It 
follows  sane  and  grave  consideration 
must  be  exercised  in  order  not  to  rule 
on  matters  which  may  easily  upset 
the   entire    fabric    of    American    busi- 


Urges  Obscenity  Boycott 

Cincinnati,  Nov.  21. — "The  only 
way  to  stop  the  production  and  show- 
ing of  obscene  motion  pictures  is  to 
boycott  them,"  declared  Mgr.  Charles 
E.  Baden,  chaplin  of  Fenwick  chapel, 
in  an  address  before  that  assembly. 

"We  should  demand  that  producers 
eliminate  a  lot  of  this  stuff  which  can 
be  described  only  as  obscene.  It  ap- 
pears that  the  only  way  to  convince 
them  that  such  subjects  are  not  wanted 
by  the  people  is  to  stay  away  when 
obscene  pictures  are  shown,  and  let 
the  producers  know  why  one  stays 
away." 


Pantages  Opens  Studio 

Hollywood,  Nov.  21. — Alexander 
Pantages  has  established  a  presenta- 
tion studio  here  with  Jack  Lester  in 
charge  to  line  up  productions  for 
routing   around   the   country. 


Order  Tracy  Held  Again 

Mexico  City,  Nov.  21. — Lee  Tracy, 
who  has  been  in  Mexico  making 
scenes  for  "Viva  Villa,"  has  been  or- 
dered rearrested  by  Alexican  police 
on  the  charge  of  using  insulting  lan- 
guage during  a  parade  Sunday  in 
celebration  of  the  23rd  anniversary 
of  the  Mexican  revolution.  The  actor 
had  been  ordered  released  but  ap- 
parently the  authorities  changed  their 
mind. 


''Death  Parade"  to  Zapp 

Chicago,  Nov.  21. — A.  L.  Rule, 
producer  of  "The  Big  Drive,"  has 
appointed  Henry  Zapp.  president  of 
Monarch  Pictures  of  Detroit  as  na- 
tional distributor  for  his  new  war 
film  titled  "The  Death   Parade." 

Rule  also  has  closed  a  deal  with 
Jack  O'Toole  for  handling  "The  Death 
Parade"  in  Illinois,  Wisconsin,  Min- 
nesota and  North  and  South  Dakota. 


New  House  for  Enid 

Enid,  Okla.,  Nov.  21. — Plans  are 
under  way  for  the  erection  of  a  mod- 
ern theatre,  seating  about  800,  with 
a  combination  policy  of  vaudeville  and 
pictures,  in  the  near  future. 


New  Richmond   Theatre 

Richmond,  Nov.  21. — Permission 
has  been  granted  the  Realty  Invest- 
ment Mortgage  Corp.  to  remodel  the 
building  at  2820  West  Gary  St.  for 
theatre  purposes.  The  job  is  expected 
to   cost   $12,000. 


^Jf^ 


CLASS 


r 


ict 


iclnte  wi 


itk 


SMASH 

att'cactiopt  vaiae! 

ELISSA  LANDI 
PAUL  LUKAS 

NILS  ASTHER 


iM. 


C/^DuiianT 


With  Esther  Ralston,  Melvyn  Douglas,  Dorothy 
Revier,  Frederic  Burton,  Lawrence  Grant,  Lois 
January.  From  the  Broadway  stage  success  by 
Harry  Graham.  Produced  by  Carl  Laemmle, 
Jr.  Directed  by  JAMES  WHALE.  Presented 
by  Carl  Laemmle. 


-if.     '.'V     l! 


MOTION  PICTURE 

DAILY 


Wednesday,   November  22,    1933 


Senate  Delves 
Into  Struggle 
For  Fox  Film 


(Continued  from  page  1) 
sue  of  General  Tlieatre  debentures 
Harley  L.  Clarke  acquired  control. 
Under  the  agreement  Fox  received 
$0,000,000  and  a  promise  of  $500,000 
per  year   more  for   five   years. 

In  the  transactions  nearly  2,000,000 
shares  of  General  Theatres  Equip- 
ment we.re  issued  and  Clarke  received 
about  1,000,000  shares  with  the  un- 
derstanding that  he  would  not  market 
them  while  the  bank  obligations  were 
outstanding. 

Trouble  in  securing  the  listing  of 
one  of  the  issues  on  the  Stock  Ex- 
change was  told  by  Dodge  under  oues- 
tioning  of  Ferdinand  Pecora,  who  de- 
scribed the  stock  as  "water"  and 
pointed  out  that  the  public  had  never 
seen  the  balance  sheet  of  General 
Theatres  at  that  time. 

Four  Syndicates  Handled  Stock 

Testimony  further  disclosed  that 
four  syndicates  operated  in  General 
Theatres  stock  in  1929,  one  of  which 
secured  350,000  shares  of  stock  at  a 
price  of  $20,  turned  it  over  a  few 
days  later  at  $25  and  sold  it  to  the 
public  at  %3Z.  Prior  to  the  October 
stock  market  crash,  the  stock  reached 
$65.  The  corporation  went  into  re- 
ceivership last  year  and  the  stock  now. 
Dodge  said,  is  "practically  worthless." 

Pointing  out  that  advertising  ac- 
companying the  issue  contained  no 
balance  sheet  or  stated  the  price  at 
which  the  stock  had  been  sold  to  the 
bankers,  Pecora  charged  that  these 
details  had  been  concealed  because  the 
securities  had  been  written  up  to  the 
extent  of  $38,000,000. 

Outlining  the  Fox  difficulties  at  the 
request  of  Pecora,  Dodge  told  of  large 
purchases  in  Loew's,  Inc.,  by  both 
Fox  and  the  Fox  Film  and  the  de- 
cline of  these  holdings  in  1929  when 
Fox  found  himself  with  $90,000,000 
in  short  term  notes  coming  due. 

Interested  because  General  Theatres 
had  several  contracts  with  Fox  com- 
panies, he  continued,  Clarke  attempted 
to  secure  financial  aid  for  the  reor- 
ganization of  Fox  and  in  1930  con- 
ceived the  idea  of  securing  control 
when  court  suits  to  oust  Fox  from  his 
enterprises  were  initiated.  These  cul- 
minated in  the  agreement  whereby 
Fox  sold  his  controlling  interest  in 
Fox  Film  and  Fox  Theatres  to  Gen- 
eral Theatres  for  $15,000,000. 


Hertz  to  Go  Back 
Upon  Stand  Today 

(Continued  from   pof/e   1 ) 

meeting  of  Paramount  Publix  credi- 
tors convenes  today  before  Referee 
Henry  K.  Davis. 

Counsel  for  the  Paramount  trustees 
will  first  conclude  their  questioning  of 
Hertz,  begun  10  days  ago,  and  the 
Chicago  financier  will  then  be  turned 
over  to  attorneys  for  Paramount  credi- 
tors' groups. 


Columbians  to  Dance 

The  fourth  annual  dinner  and  dance 
of  the  Columbia  Club  will  be  held  at 
the  Waldorf  Astoria  March  10.  Max 
Seligman  is  chairman  of  the  commit- 
tee  in  charge. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


'Lady  Killer' 


(Warners) 

Hollywood,  Nov.  21. — Jimmy  Cagney's  portrait  in  "Lady  Killer"  is  a 
mixture  of  all  his  successful  roles.  In  this  he's  a  fresh-guy  usher,  gambling 
racketeer,  high-hat  gangster,  dame-slapper,  jailbird — winding  up  as  a  star  in 
the  "movie  racket." 

Wherever  they  like  Cagney  they'll  like  "Lady  Killer,"  because  Cagney  is 
most  of  the  show.  Comedy  predominates,  with  farce  as  a  runner-up,  plus  a 
sprinkling  of  dramatic  incident  and  punch.  The  title  should  be  effective  in 
attracting  romance-seekers,  though  the  main  theme  only  touches  lightly  on 
this  phase. 

Cagney,  fired  from  his  usher  job,  unconsciously  drifts  to  the  petty  gambling 
racket.  Purses  dropped  by  a  gang  gal  lure  the  suckers  to  her  apartment  and 
the  card  table.  Cagney  finds  a  purse — drops  in — then  joins  up  with  the  gang. 
Finding  pickings  easy,  he  becomes  finger  man  for  the  mob.  They  branch  out 
into  the  night  club  gambling  racket,  with  bunco  automobile  accidents  on  the 
side.  When  the  police  turn  on  the  heat  he  flees  to  Hollywood  with  the  gal 
(Mae  Clarke). 

In  Hollywood,  double-crossed  by  Mae,  down  and  out,  Cagney  is  projected 
into  the  extra  ranks.  Up  the  ladder  he  goes,  writing  fan  mail  to  himself. 
The  gang,  hearing  of  his  success,  crash  his  home,  with  ensuing  complications 
and  dramatic  action. 

Comedy — broad  and  boisterous — afifords  Cagney  plenty  of  room  to  strut 
and  plume  his  antics,  and  gives  "Lady  Killer"  a  great  laugh  lift. 

Funny  shots:  Arrival  in  sunny  Hollywood.  Initiation  to  extra  ranks  as  In- 
dian chief.    Girl's  birthday  gag :  monkeys,  yodelers  and  elephant. 

New  twist  on  Cagney's  jaw-socking:  Dragging  wench  across  the  floor  by 
her  hair. 

Novel  shot:  New  kind  of  Cagney  kiss. 

One  of  the  biggest  laughs  for  theatres  where  Yiddish  is  understood  is 
Cagney's  Indian  chief  crack.  On  the  East  Side  it'll  be  worth  the  price  of 
admission  alone. 

Direction  by  Del  Ruth  has  consistent  quality.  Mae  Clarke  and  Margaret 
Lindsay  even  up  feminine  honors. 

"Lady  Killer"  title,  tied  up  with  Cagney,  has  draw  value.  Production 
should  satisfy  Cagney's  followers. 


Looking  ^Em  Over 


"Christopher  Bean*' 

(M-G-M) 

A  comedy-drama  that  rates  better  than  average,  largely  through  the 
untiring  efforts  of  Marie  Dressier  to  squeeze  laughs  and  sympathy  out 
of  a  story  that  makes  such  efforts  necessary. 

Miss  Dressier,  as  Abby,  house  servant  to  the  New  England  Raggett 
family  for  20  years,  becomes  the  center  of  avarice  and  intrigue  when 
it  is  discovered  that  a  number  of  paintings  by  the  man  she  loved  years 
before  have  suddenly  become  of  great  value.  Dr.  Haggett,  played  by 
Lionel  Barrymore,  who  has  been  a  kindly,  unselfish  country  doctor  up 
to  this  point,  is  transformed  into  a  greedy  schemer  who  tries  to  sell 
Abby's  portrait,  considered  the  artist's  masterpiece,  without  her  knowl- 
edge. He  is  brought  to  his  senses  by  realization  of  Abby's  genuine  devo- 
tion to  the  dead  artist,  but  once  more  surrenders  to  greed  on  learning 
that  Al)by  has  in  her  possession  17  other  paintings  by  the  artist,  each 
worth  about  $10,000.  This  time,  only  the  disclosure  that  Miss  Dressier 
is  the  widow  of  the  artist  who  died  in  poverty,  which  makes  the  paint- 
ings indisputably  her  property,  prevents  Barrymore  from  seizing  and 
selling  them. 

The  picture  is  good,  light  entertainment  and,  with  the  exception  of 
one  or  two  scenes,  should  satisfy  family  audiences.  Supporting  roles 
are  splendidly  handled  by  Jean  Hersholt,  George  Coulouris,  Beulah 
Bondi,  H.  B.  Warner,  Helen  Mack,  Helen  Shipman  and  Russell  Hardie. 
Sam  Wood  directed. 


"The  Right  to  Romance" 

(Radio) 
Excellently  handled  technically  and  dramatically,  "The  Right  to 
Romance"  can  be  chalked  up  as  a  thoroughly  entertaining  Ann  Hard- 
ing vehicle.  Because  Alfred  Santell,  the  director,  has  thoughtfully  and 
efficiently  managed  the  delicate  task  of  taking  a  page  from  the  album  of 
a  doctor's  life,  it  will  be  a  cinch  to  get  medical  institutions  to  back  the 
picture.  Doctors  will  enjoy  seeing  this  on  one  of  the  Sundays  they 
have  no  office  hours. 

(Continued  on  pane  11) 


Baltimoreans 
See  Benefits 
From  Repeal 


(Continued  from  page  1) 

per  cent  of  people  are  drinking  cof- 
fee and  milk  with  their  meals." 

J.  Harry  Gruver,  proprietor  of  the 
Glen,  Glenburnie,  Md.,  and  interested 
in  other  theatres,  says  that  he  does 
not  believe  box-offices  will  lose  any 
money  by  repeal  and  that  there  will 
not  be  any  rush  to  get  liquor  legally 
because  people  can  get  all  they  want 
now. 

"It  was  different  with  beer,"  he 
said,  "for  during  prohibition  the  pub- 
lic could  not  get  good  beer." 

Gruver  believes  repeal  will  do  a  lot 
of  good  because  many  people  will  be 
employed  and  many  trades  will  be 
helped    in    some    way    by    repeal. 

Ted  Routson,  manager  of  the  Hip- 
podrome, says  there  will  not  be  any 
effect  on  box-offices,  that  the  only 
way  to  keep  money  out  of  the  box- 
office    is    to    show    weak    pictures. 

"The  initial  tendency  to  drink  a 
lot  will  soon  wear  itself  out  because 
when  a  man  has  liquor  at  his  finger 
tips,  so  to  speak,  he  doesn't  want  it," 
says  Routson. 


Day  and  Date  Runs 
Out  of  Pittsburgh 

(Continued  from  page  1) 

the   Sheridan   Square  will  go  to   sec- 
ond runs,  with  two  changes  weekly. 

Warner  officials  tried  an  experiment 
with  the  day-and-dating,  the  War- 
ner charging  a  top  of  SO  cents  and 
the  Sheridan  Square  10  cents  cheap- 
er, but  it  didn't  work.  The  decrease 
in  trade  at  the  Warner  as  a  result] 
wasn't  being  compensated  entirely  by 
the  slight  increase  in  the  Sheridan  j 
Square's  business. 


Repeal  Can't  Reach 
Alabama  Until  1935 

Birmingham,  Nov.  21. — Alabama  is 
one  of  the  few  states  in  the  Union 
which  is  still  "bone  dry"  despite  re- 
peal of  the  18th  Amendment.  State 
laws  prohibit  even  the  sale  of  beer 
and  right  now  there  is  no  prospect  of 
change  until  the  legislature  meets  in 
1935.  Consequently  no  effect  on  box- 
office  receipts  are  expected  before  that 
time.  Considerable  sentiment  in  favor 
of  repeal  of  the  state  laws  exists,  but 
the  present  governor  is  dry  and  de- 
clines to  call  the  legislature  into  spe- 
cial session. 


St.  Louis  Threats 
Stir  Up  No  Action 

(Continued  from  page  1) 

on  at  the  St.  Louis.    Nothing  has  hap- 
pened yet,  however. 

The  St.  Louis  average  used  to  run 
around  $7,000  a  week,  and  it  has  about 
doubled  under  the  new  policy.  Loew- 
State  and  the  Ambassador  have  been 
hard  hit.  The  Missouri  and  Grand 
Central  are  said  to  be  complaining 
and  some  of  the  neighborhoods  are  ui> 
in  arms. 


JACK  OAKIE-JACK  HALEY  •  GINGER  ROGERS  •  THELMA  TODD 
#jfe   GREGORY   RATOFF  •  LEW   CODY   and   the    PICKENS    SISTERS 

I^.^Sl.     A  Paramount  Picture  •  Directed  by  Harry  Joe  Brown  •  A  Charles  R.  Rogers  Production 


If     it's 


PARAMOUNT        PICTURE 


Wednesday,   November  22,    1933 


MOTION  PICTURE 

DAILY 


Johnson  Says 
Code  Now  as 
He  Wants  It 


(Continued  from  page   1) 

the  boards  set  up  in  the  code,  but  that 
the  question  of  the  so-called  penalty 
clause  was  referred  to  the  Attorney 
General  by  Administrator  Johnson 
with  a  query  as  to  whether  it  was  in 
conformity  with  the  National  Indus- 
trial Recovery  Act. 

It  is  understood  that  the  depart- 
ment rendered  an  opinion  which  will 
be  taken  by  Johnson  to  Warm  Springs 
along  with  the  code.  In  submitting 
it  to  the  President,  Johnson  will  rec- 
ommend the  elimination  from  the  pact 
of  the  penalty  clause. 

It  is  further  understood  that  at  the 
same  time  the  Department  of  Justice 
was  asked  to  review  the  code  provi- 
sions covering  distribution  with  a 
view  to  assuring  that  they  were  in 
compliance  with  the  court  decisions 
which  terminated  the  Federal  Trade 
Commission's  block  booking  proceed- 
ings. 

While  no  information  has  been  made 
available  as  to  the  attitude  taken  by 
the  department  with  respect  to  the 
penalty  clause,  it  has  been  consistently 
contended  that  the  Industrial  Recov- 
ery Act  stigulates  the  penalties  for 
violation  in  the  shape  of  a  fine  of 
$500  for  each  oflfense,  with  each  day 
of  violation  considered  a  separate  of- 
fense, and  that  no  code  could  impose 
other  penalties  not  in  conformity  with 
the  law.  The  code  provides  a  fine  of 
$10,000  for  the  offering  by  a  producer 
of  excessive  inducements  to  secure  the 
services  of  an  employe. 

Satisfied  that  the  code  was  finally 
ready  for  submission  to  the  Presi- 
dent for  approval,  Rosenblatt  left  this 
afternoon  for  Milwaukee  to  attend  the 
M.  P.  T.  O.  of  Wisconsin  convention. 
He  will  return  Friday  to  be  on  hand 
when  the  President  approves  the  code. 


Price  War  Develops 
In  California  Spots 

(Continued  from  page  1) 

Redwood  with  a  60-inch  ad  headed  by 
the  line — "Is  the  existence  of  your 
new  Redwood  Theatre  being  threat- 
ened by  unfair  competitive  methods?" 
The  ad  stressed  the  contention  that 
the  Fox  opposition  had  reduced  its 
prices  for  first  run  pictures  from  25 
cents  to  15  cents  for  the  alleged  pur- 
pose of  crushing  the  Redwood,  which 
charges  IS  cents  and  was  opened  re- 
cently by  Phil  A.  Frease  and  Leslie 
Jacobs. 

The  Fox  theatre's  reply  the  follow- 
ing day  in  the  same  position  with  the 
same  size  ad  was  to  play  up  its  ad- 
mission price  of  15  cents  without  ref- 
erence to  the  contentions  of  the 
Redwood. 

Simultaneously,  it  was  learned,  cuts 
in  admission  price  were  announced  by 
Fox  film  first  run  theatres  in  San 
Mateo  and  in  Vallejo.  Similar  ad- 
vertising developed  in  these  spots. 


(Continued    from    page    8) 

Robert  Young,  Nils  Asther,  Sari  Maritza  and  Irving  Pichel  lend 
unusually  strong  support  to  Miss  Harding,  who  is  superb  at  all  times. 
Delmar  Watson  as  the  crippled  boy  is  fine  in  a  sympathetic  part. 

The  story  treats  of  a  surgeon,  Miss  Harding,  who  specializes  in  face 
lifting.  She  is  so  absorbed  in  her  work  she  has  had  little  time  for 
romance,  but  when  the  heart  strings  begin  to  tug  she  drops  everything 
for  a  vacation  and  what  romance  it  holds  in  store  for  her.  She  over- 
looks, however,  Asther,  who  is  devoting  his  life  to  research  in  the  same 
hospital  and  hasn't  had  time  to  venture  into  romantic  avenues. 

At  the  seashore,  Miss  Harding  meets  Young,  son  of  one  of  her 
patients,  falls  in  love  with  him  and  later  marries  him.  Shortly  after 
the  doctor  learns  her  husband  is  versatile  in  the  art  of  love  making, 
especially  while  she  is  out  on  emergency  cases.  She  leaves  him.  Young 
and  his  former  sweetheart,  Miss  Maritza,  are  injured  in  a  crash  and 
Miss  Harding  is  called  in  to  save  the  girl  from  having  her  face  dis- 
figured. She  consents  because  she  knows  that  she  was  not  the  one  her 
husband  really  wanted.  As  for  herself,  she  begins  to  realize  professional 
students  should  keep  within  the  medical  sphere  and  Asther  would  not 
make  such  a  bad  husband  after  all. 


"Broken  Dreams" 

{Monogram) 

A  sentimental  affair  with  Buster  Phelps  doing  much  to  hold  the 
interest.  It  is  swell  entertainment  for  the  family  trade,  with  the  child, 
Phelps,  as  the  magnet  for  getting  in  the  children.  Randolph  Scott  and 
Martha  Sleeper  do  good  work  and  have  the  capital  support  of  Joseph 
Cawthorne  and  Beryl  Mercer. 

Losing  his  wife  in  childbirth,  Scott,  an  interne,  turns  the  baby  over 
to  his  uncle  and  aunt,  Cawthorn  and  Miss  Mercer,  and  after  six  years 
claims  the  boy.  He  had  despised  him  when  first  born,  but  becomes 
attached  to  him  after  he  sees  him  for  the  first  time  in  six  years.  Scott 
has  been  to  Vienna  studying  obstretrics  and  pediatrics  and  returns  to 
take  up  his  practice.  He  falls  in  love  with  Miss  Sleeper  and  when  she 
hears  of  the  boy  she  senses  a  gap  looming  in  their  lives.  She  goes 
through  with  the  marriage,  hoping  to  overcome  the  barrier.  The  boy 
doesn't  take  to  her  and  he  almost  causes  a  break  in  the  marital  life  of 
his  father.  The  misunderstanding  between  the  boy  and  his  foster  mother 
is  cleared  up  when  the  child  comes  to  her  aid  as  she  is  being  attacked 
by  a  friend  during  Scott's  absence.  The  boy  is  injured  and  Miss  Sleeper 
then  realizes  he  cares  for  her.  She  decides  to  forget  the  past  and  treat 
him  as  her  son.   That  satisfies  Scott  and  the  youngster. 


M-G-M  Gets  Orginal 

M-G-M  has  acquired  picture  rights 
to  "The  Body  Beautiful,"  an  original 
story  by  Jerome  Horwin  and  Edward 
Eliscu. 


''Sunset  Pass*' 

(Paramount) 

Bovine  rustling  and  the  usual  melodramatics  surrounding  the  round-up 
of  the  rustlers  make  for  pleasing  entertainment,  what  with  a  cast  com- 
prising Randolph  Scott,  Tom  Keene,  Kathleen  Burke,  Harry  Carey, 
Noah  Beery,  Kent  Taylor,  Fuzzy  Knight,  George  Barbier  and  Vince 
Barnett  and  a  story  by  Zane  Grey.  When  caught  in  a  neighborhood 
Loew  house  it  was  well  liked  by  the  audience. 

Keene  is  sent  out  to  track  down  the  elusive  gang  of  rustlers,  signs 
up  with  Scott,  a  partner  of  Carey  in  the  cattle  stealing  business,  and 
learns  of  the  hideout.  In  the  interim,  Keene  falls  in  love  with  Miss 
Burke,  who  is  supposed  to  be  Scott's  sister.  When  it  comes  to  the  big 
round-up,  Keene  has  the  cattle  stampede  the  outlaws  as  they  are  reaching 
Sunset  Pass  to  take  the  cattle  themselves.  This  puts  them  to  flight  and 
they  are  caught  in  the  chase.  Scott  is  wounded  by  Keene  and  on  the 
way  home  tells  him  that  Carey  held  certain  papers  which  made  him 
(Scott)  continue  to  assume  being  the  girl's  brother  and  also  continue 
with  the  rustlers.  Scott  dies  and  the  girl  never  knows  the  truth.  Keene 
promises  to  take  care  of  her  after  that. 

"Whiie~Face*' 

(Helber) 

In  "White  Face"  Gainsborough  sends  to  this  country  a  film  that  fares 
poorly  in  comparison  with  the  average  mystery  picture  from  Holly- 
wood studios.    It  is  something  for  the  neighborhoods. 

The  story,  by  Edgar  Wallace,  is  about  a  murderous  doctor  who  takes 
advantage  of  a  street  brawl  between  two  men  to  kill  one  of  the  two — 
a  man  associated  in  crime  with  him  in  South  America  who  had  threat- 
ened to  "get"  him  when  their  little  partnership  fell  through.  Among  a 
number  of  persons  suspected  are  a  husband  blackmailed  by  the  fellow 
just  prior  to  his  death  and  a  newspaperman  jealous  of  his  attentions 
to  his  sweetheart. 


President  Confers 
With  J.  M.  Schenek 


(Continued  from  page   1) 

trator,  and  representatives  of  the  in- 
dustries concerned. 

General  Johnson,  who  is  to  make 
a  speech  in  Atlanta  on  Thursday,  is 
scheduled  to  call  on  the  President 
here,  and  will  present  the  code  for  the 
Chief  Executive's  signature  at  that 
time  if  it  is  completed  before  his  de- 
parture for  the  South. 

Eddie  Cantor  will  come  here  with 
the  same  understanding  that  Schenek 
had.  He  leaves  Washington  tonight 
with  Colonel  Marvin  H.  Mclntyre, 
one  of  the  President's  secretaries,  but 
it  was  made  very  plain  here  today 
that  he  would  not  discuss  salaries  of 
film  stars   while  the  code  is  pending. 

No  NRA  Charge  Yet, 
Independents  State 

(Continued  from  page   1) 

today  to  answer  complaints  that  they 
were  violating  the  President's  agree- 
ment by  working  some  employes  52 
hours  weekly  instead  of  the  40  hours 
specified  in  the  agreement. 

The  Metropolitan  Division  office 
gathered  statistics  early  last  summer 
which  showed  theatre  business  to  be 
based  on  a  seven-day,  rather  than  a 
five  and  one-half-day  week  as  in  other 
industries,  and  asked  for  a  labor  ex- 
ception to  permit  a  longer  working 
week.  The  exception,  permitting  a  52- 
hour  week  in  some  instances,  was 
granted  by  the  Department  of  Com- 
merce, which  was  interpreting  the 
President's  agreement  in  advance  of 
the  setting  up  of  local  compliance 
boards. 

Whalen  was  quoted  as  saying  that 
the  larger  circuits,  including  Loew's 
and  RKO,  were  abiding  by  a  40-hour 
week,  and  that  "all  rules  and  regula- 
tions of  the  President's  agreement  will 
be  strictly  enforced  until  a  code  for 
the  film  industry  is  signed  by  the 
President." 


McCarthy  Joins  Hays 
Staff  on  Publicity 

(Continued  from  page   1) 

nection  with  film  publicity  and  adver- 
tising. McCarthy  will  also  look  after 
the  matters  customarily  in  charge  of 
Frank   J.   Wilstach,    who    is   ill. 

Directors  of  the  Hays  office,  at  a 
meeting  last  week,  adopted  various 
new  regulations  referring  to  publicity 
and  advertising.  McCarthy's  work 
will  consist  principally  of  the  applica- 
tion of  these  regulations. 

A  meeting  of  the  principal  advertis- 
ing and  publicity  men  of  the  industry 
was  held  at  the  Hays  office  on  Mon- 
day. Following  this  meeting  a  com- 
mittee with  which  Mr.  McCarthy  will 
work   was  appointed. 


No  Return  of  Shows 
Looked  For  in  N,  O, 

(Continued  from   page  1) 

the  Allied  Stage  Crafts,  stagehands 
and  musicians  were  regularly  em- 
ployed at  the  Saenger,  Loew's  State 
and  the  Orpheum,  which  also  used 
vaudeville  acts.  Patrons,  it  seems,  are 
satisfied    with    films. 

The  St.  Charles.  Liberty,  Lyceum, 
Wonderland  and  Newcomb,  on  and 
adjacent  to  Canal  street,  are  doing 
well.  The  Strand  may  reopen  this 
month. 


MOTION  PICTURE 

DAI  LY 


Wednesday,  November  22,    1933 


ii 


Female"  Top 
Boston  Draw 
With  $37,000 


Boston.  Xov.  21. — "Female"  led 
another  big  week  here.  It  reached 
$37,000  at  the  Metropolitan,  up  by 
$9,000.  with  Fred  Waring  and  his 
Pennsylvanians  on  the  stage. 

All  houses  were  well  above  par. 
"Ace  of  Aces"  hit  $22,000  at  the  RKO 
Boston,  topping  average  by  $6,000  for 
one  of  the  best  weeks  in  a  long  time, 
and  "The  Chief"  took  $21,500  at 
Loew's  State.  "I'm  No  Angel"  gave 
the  Paramount  one  of  its  best  weeks 
of  the  year,  $12,000. 

Total  first  run  business  was  $122,- 
000.    Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Nov.   16: 

"ACE   OF    ACES"    (Radio) 

BOSTON— (-',900).  25c-50c,  7  days 
Stone  and  vaudeville.  Gross:  $22,000 
erage,   $16,000.) 

"I'M  NO  ANGEL"   (Para.) 

FENWAY— (1.800).       30c-50c.       7 
Gross:    $10,500.    (Average.    $9,000.) 

"ONLY    YESTERDAY"    (Univ.) 

KEITH'S— (.i,5iH)),        30c-50c.        7        days. 
Gross:    $19,000.    (.\verage.    $16,000.) 
"THE    CHIEF"    (M-G-M) 

LOEWS  ST.^TE— (3,700),  3Sc-S0c,  7  days. 
Vaudeville.  Gross:  $21,500.  (Average,  $16,- 
000.) 

"FEMALE"    (Warners) 

METROPOLITA.V— (4,350).       30c-65c,       7 
davs.        Fred       Waring's        P'ennsylvanians. 
Gross:    $37,000.     (Average,    $28,000.) 
"I'M    NO    ANGEL"    (Para.) 

PARAMOUNT— (1,800).  30c-50c.  7  days. 
Gross:    $12,000.    (Average,    $9,000.) 


Fred 
(Av- 


days. 


*U'  Makes  Second  Ending 

Universal  has  made  a  second  end- 
ing for  "King  for  a  Night"  at  the 
request  of  a  number  of  exhibitors  who 
object  to  the  present  one,  which  has 
Chester  Morris,  son  of  a  minister, 
going  to  the  chair  for  a  murder  com- 
mitted by  his  sister,  Helen  Twelve- 
trees.  Exhibitors  will  have  the  choice 
of  either  climax  when  booking  the  pic- 
ture. 


J.  H.  Cooper  May  Expand 

Denvt»,  Nov.  21. — Reports  are  that 
the  J.  H.  Cooper  Enterprises  will  con- 
vert buildings  into  theatres  in  Pueblo, 
Grand  Junction  and  Greeley.  The 
company  has  a  Publix  tieup. 

J.  J.  Goodstein  of  Pueblo  is  con- 
sidering building  new  theatres  in 
Alamosa,  Col.,  and  Santa  Fe,  N.  M. 


Radio  Buys  'Bunker  Bean* 

Hollvwckjd,  Nov.  21. —  Radio  has 
purchased  "His  Majesty  Bunker 
Bean,"  by  Lee  Dodd  and  Harry  Wil- 
son. The  story  was  bought  for 
Wheeler  and  Woolsey  and  is  slated 
for  early  production.  No  director  has 
been  assigned. 


Cooper  to  Return  Dec.  11 

Nov.  21. — Merian  C.  Cooper,  execu- 
tive producer  for  Radio,  will  return  to 
work  about  Dec.  11,  according  to  B. 
B.  Kahane.  Before  returning  to  work 
he  will  take  a  cruise  and  will  visit 
New  York  to  line  up  story  material. 


P.  A.  Powers  on  Coast 

Hollywood,  Nov.  21. — P.  A.  Pow- 
ers has  arrived  here  to  speed  up  work 
on  the  Comicolor  cartoon  series,  the 
first  of  which  was  shipped  east  recent- 
ly by  Celebrity  Pictures. 


Hollywood  On  Parade 


By  BILL  SWIGART 


Hollywood.  Nov.  21. — With  the 
return  of  C.\rl  Laemmle,  Sr.,  the 
Universal  City  Club  has  been  revived 
after  a  three  year  suspension.  The 
club  is  composed  of  Universal  em- 
ployes of  all  classes  and  is  purely 
social  with  meetings  being  held  periodi- 
cally to  discuss  and  review  pictures  in 
addition  to  staging  dances  and  a  feed 
after  die  picture  is  over. 

The  club  maintains  its  own  club- 
house on  the  lot  from  the  small 
monthly  dues  contributed  by  the 
members. 

Laemmle  Sr.  is  honorary  president 
with  Junior  honorary  vice  president: 
Harry  H.  Zehner,  chairman  of  the 
board,  which  includes  Charles  Hub- 
bard, Martin  Murphy,  Arhie  Hall, 
Whittelsey  Deming,  Russell 
Gausman,  Frank  Graves,  Curley 
Robinson  and  John  Le  Roy  John- 
ston. 


Since  Josef  Von  Sternberg  and 
Marlene  Dietrich  are  extended  all 
the  studio  courtesies  that  one  could 
expect  from  Paramount,  the  latest 
request  made  by  the  pair  is  the  right 
to  censor  all  publicity  and  photographs 
released  by  that  studio.  Since  this  is 
in  their  contract  the  request  was 
granted.  Joe  not  only  censors  the 
publicity  blurbs,  but  insists  on  person- 
ally posing  Marlene  for  any  publicitv 


art  in  the  galleries.  Mae  West  has 
a  smilar  clause  in  her  contract,  but  is 
not  quite  so  finicky. 
• 
Holding  great  hopes  for  the  eligi- 
bility of  Lt.-Governor  Fr.\nk  F. 
Merriam  to  become  the  next  governor 
of  California,  Clinton  Wunder,  for- 
mer mouthpiece  for  the  Academy,  is 
introducing  this  honorable  person  to 
the  picture  colony.  The  lieutenant- 
governor  has  always  looked  with 
favor  upon  the  industry  and  now 
Wunder  wants  to  weld  this  friend- 
ship more  solidly  ...  we  wunder, 
since  Upton  Sinclair  has  also  thrown 
his  hat  into  the  forthcoming  guberna- 
torial election. 

• 

Throughout  the  run  of  Bing 
Crosby's  personal  appearance  at  the 
local  Paramount  a  cordon  of  truant 
officers  was  stationed  about  the  lobby 
of  the  house  to  check  on  possible 
truants,  who  perchance  might  take  the 
afternoon  off  from  school  to  hear  and 
see  the  crooner  in  the  flesh. 
• 

Due  to  his  portrayal  of  diversified 
sports  roles  in  previous  pictures  and 
the  fact  that  he  is  an  ardent  baseball 
fan  as  well  as  player,  Joe  E.  Brown 
has  been  made  an  honorary  mem- 
ber of  the  Amateur  Athletic  Union 
tribunal. 


46 


Footlight" 
Big  K.C.  Hit 
With  $14,000 


Kansas  City,  Nov.  21. — "Footlight 
Parade"  was  the  only  outstanding 
draw,  boosting  the  Newman's  take  to 
$14,000,  double  the  average.  It  was 
held  a  second  week.  A  trial  double 
bill  at  the  Uptown  failed  to  come  up 
to  expectations.  The  city's  annual 
charity  drive  hurt  business  generally. 

Total  first  run  business  was  $30,200. 
Average  is  $27,000. 

Estimated  takings : 

Week  Ending  Nov.  8: 

"FOOTLIGHT  PARADE"  (Warners) 

NEWMAN— (1.800),  25c-40c.  7  days,  plus 
Saturday  midnight  show.  Gross:  $14,000. 
(Average,   $7,000.) 

Week  Ending  Nov.  9: 

"BUREAU    OF   MISSING   PERSONS" 
(F.N.) 

MAIXSTREET— (3,049).  2Sc-40c.  7  days, 
plus  Saturday  midnight  show.  Gross:  $6,000. 
(Average,  $7,000.) 

Week  Ending  Nov.  10: 
"DAY  OF   RECKONING"   (M-G-M) 

MIDLAND— (4,000;,  25c,  7  days,  plus 
.Saturday  midnight  show.  Gross:  $7,500. 
(Average,   $10,000.) 

"LOVE,  HONOR  AND  OH,   BABY" 

(Univ.) 

"THE  MAD  GAME"  (Fox) 

UPTOW.X— (2.0(JO),  25c-40c,  7  days.   (Trial 

double       bill.       Gross:       $2,700.        (Average, 

$3,000.) 


Lasky  Signs  Peggy 

Holly\\<K)d,  Nov.  21. — The  truth 
about  Peggy  Fears'  "mysterious"  con- 
tract came  to  light  today  when  it  was 
learned  that  Jesse  L.  Lasky  had 
signed  her  for  the  lead  in  "Coming 
Out  Party." 


^Tarade''  Is 
Sensational 
Denver  Draw 


Denver,  Nov.  21. — "Footlight  Pa- 
rade" was  a  sensation  here  last  week, 
playing  day  and  date  at  the  Aladdin 
and  Denver,  with  holdouts  frequent. 
The  total  take  was  $19,500,  At  the 
Aladdin  the  feature  grossed  $7,500, 
above  par  by  $4,000,  and  at  the  Den- 
ver the  take  was  $12,000,  just  twice 
the  usual   total. 

Total  first  run  business  was  $45,- 
700.      Av_erage   is   $30,000. 

Estimated  takings  for  the  week 
ending    Nov.    16 : 

"FOOTLIGHT     PARADE"     (Warners) 

ALADDIN— (1,500).  25c-40c-50c,  7  days. 
Gross:    $7,500.       (Average,    $3,500.) 

"TORCH  SINGER"   (Paramount) 
DENHAM— (1,500),    25c-30c-40c,     7    days. 
Stage    show.        Gross:    $9,100.        (Average, 
$7,000.) 

"FOOTLIGHT   PARADE"    (Warners) 
DENVER— (2,500),     25c-35c-50c,     7     days. 
Gross:    $12,000.       (Average.   $6,000. 
"BUREAU   OF   MISSING   PERSONS" 

(Warners) 
ORPIIEUM— (2.600).    2Sc-35c-40c,    7    days. 
Stage    show.       Gross:    $10,500.       (Average, 
$10,000.) 

"MY  LIPS   BETRAY"   (Fox) 
PARAMOUNT— (2,000),     25c-40c,     4    days. 
Gross:    $1,600. 
"THE   WORST  WOMAN    IN   PARIS" 

(Fox) 
PARAMOUNT— (2.000),    25c-40c,    3    days. 
Gross:    $1,000.      (Average    for   week,   $3,500.) 


Zeidman  to  Do  'Glamour* 

Hollywood,  Nov.  21. — B.  F.  Zeid- 
man will  produce  the  Edna  Ferber 
story,  "Glamour,"  for  Universal,  the 
film  being  his  second  on  this  season's 
program. 

Zeidman's  first  on  the  schedule  was 
"Beloved." 


Harlow  Draw 
In  Cleveland 
Despite  Snow 


Cleveland.  Nov.  21. — In  spite  of  a 
blizzard  that  dropped  business  an  av- 
erage of  34  per  cent,  "Bombshell"  was 
good  for  $7,500  at  the  State  last  week. 
This  is  $1,500  over  par. 

"The  Private  Life  of  Henry  VIII" 

was  the  only  other  draw  in  town.    It 

took  $4,000  at  the  Allen,  up  by  $1,000. 

Neighborhood      houses      were      hit 

harder  than  those  downtown. 

Total  first  run  business  was  $31,500. 
Average  is  $48,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  17 : 
"PRIVATE    LIFE    OF    HENRY    VIH" 

(U.   A.) 
ALLEN— (3,300),   25c-30c,   30c-40c,   7   days, 
2nd   week.    Gross:    $4,000.    (Average,   $3,000.) 
"FLYING    DEVILS"     (Radio) 
HIPPODROME  —  (3,800),       25c  -  30c  -  40c. 
SWage:     Thurston,     the     magician.     Gross: 
$7,000.    (Average.   $14,000.) 

"COLLEGE    COACH"    (Warners) 
WARNERS'    LAKE— (800),    30c-35c-44c,   7 
days.    Gross:    $2,000.    (Average,   $3,500.) 
"INVISIBLE    MAN"    (Univ.) 
RKO  PALACE— (3,100),   30c-40c-60c-75c.  7 
days.     Stage:     Duncan     Sisters     in     "Topsy 
and  Eva."  Gross:  $8,500.   (Average.  $17,000.) 
"BOMBSHELL"    (M-G-M) 
STATE— (3.400).      30c-35c-44c,      7      days. 
Gross:    $7,500.    (Average.   $6,000.) 

"STAGE    MOTHER"    (M-G-M) 
"HELL  AND   HIGH   WATER"    (Para.) 
STILLMAN— (1.900).   25c-30c-40c,    7   days. 
Gross:    $2,500.     (Average,    $4,000.) 


Ellington  Garners 
$11,000,  Oklahoma 

Oklahoma  City,  Nov.  21. — Duke 
Ellington  and  his  band  at  the 
Criterion  pulled  $11,000  last  week. 
The  picture  was  "College  Coach." 

Reopening  of  the  Midwest  has 
added  1,500  seats  to  the  local  first 
run  situation.  "Footlight  Parade" 
drew  $7,500.  Average  for  the  Mid- 
west before  closing  for  the  summer 
was  $4,000. 

"Broadway  Thru  a  Keyhole" 
brought  average  business  of  |3,000  to 
the  Capitol.  The  Liberty  was  $1,000 
under  with  "Worst  Woman  in  Paris" 
and  "Master  of  Men,"  taking  only 
$2,000. 

Total  first  business  was  $24,700. 
Average  is  $11,700. 

Estimated  takings  for  the  week  end- 
ing Nov.  18 : 

"FOOTLIGHT   PARADE"    (Warners) 

MIDWEST— (1,500),  10c-26c-36c-56c,  7 
days.    Gross:    $7,500. 

"COLLEGE  COACH"  (Warners) 

CRITERION— (1,700),      10c-35c-50c-75c,      7 
days.     Duke     Ellington    on    stage.      Gross: 
,$11,000.     (Average.  $5,000.) 
"BROADWAY    THRU     A    KEYHOLE" 
(U.  A.) 

CAPITOL— (1,200),  10c-20c-26c-36c-41c,  7 
days.    Gross:    $3,000.    (Average,    $3,000.) 

"WORST  WOMAN   IN   PARIS"   (Fox) 

LIBERTY— (1,500),  10c-15c-26c-36c,  3  days. 
Gross:    $800.    (Average    week,   $3,000.) 
"MASTER  OF  MEN"   (Col.) 

LIBERTY— (1.500),        10c-15c-26c-36c,        4 
days.   Gross:  $1,200.   (Average  week.  $3,000.) 
"HER   BODYGUARD"    (Para.) 

VICTORIA— (800).  10c-15c-20c-26c,  3  days. 
Gross:   $400.   (Average   week,  $1,200.) 
"VOLTAIRE"   (Warners) 

VICTORIA— (800).  10c-1.5c-20c-26c.  4  days. 
Gross:    $800.    (Average    week.    $1,200.) 


Janet  Beecher  Is  Signed 

Hollywood,  Nov.  21.  —  Janet 
Beecher,  brought  here  recently  from 
New  York  by  Darryl  Zanuck  to  ap- 
pear in  the  Ann  Harding  picture, 
"Gallant  Lady,"  has  been  added  to  the 
20th  Centurj'  roster  on  a  long  termer. 
Her  next  assignment  is  indefinite. 


Op 


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Beloved  And  Awaited  By  Fifty  Million  People!  Ecstatically 
Praised  In  A  Mighty  Chorus  By  Every  Critic!  Publicized  For 
Months  In  Newspapers  And  Magazines  And  Over  The  Great 
Radio  Networks  m 


« ■ 


Superbly  Directed 


MERIAN  C.  COOPER 

Executive  Producer 
Kenneth  Macgowan,  Associate 


RKO-RADIO'S  THANKSGIVING 
GIFT  TO  ALL  THE  WORLD! 


Wednesday,   November  22,    1933 


MOTION  PICTURE 

DAILY 


15 


"Invisible" 
$24,500  Hit 
On  the  Loop 


Chicago,  Nov.  21.— Grosses  at  Loop 
first  runs  demonstrated  conclusively 
that  Universal's  "The  Invisible  Man" 
is  a  box-office  attraction  comparable 
to  "Frankenstein."  RKO's  Palace 
did  $24,500  with  the  feature  and  with 
a  stage  show  which  included  Ted 
Weems  and  his  orchestra.  Plenty  of 
credit  for  the  over-par  draw  is  given 
to  the  picture.  Local  reviewers  raved 
about  it. 

With  the  till  showing  $35,000  for 
the  week  at  the  Chicago,  indications 
are  that  locaJ  box-offices  are  entirely 
recovered  from  the  World's  Fair  hy- 
podermic. This  brings  Chicago  re- 
ceipts about  to  the  level  of  weeks  pre- 
ceding the  fair's  opening.  Which  way 
the  gross  will  swing  in  the  next  few 
weeks  will  probably  indicate  the  win- 
ter odds  on  business  generally. 

Total  first  run  business  was  $104,- 
800.    Average  is  $120,600. 

Estimated  takings : 

Week  Ending  Nov.  15: 

"I'M   NO  ANGEL"    (Para.) 

ORIENTAI^-(3,940),  30c-40c-60c,  6th 
week,  7  days.  Gross:  $15,000.  (Average, 
$23,000.) 

"BROADWAY    THRU    A    KEYHOLE" 
(U.    A.) 

UNITED  ARTISTS— (1,700),  30c-40c-60c. 
2nd  week,  7  days.  Gross:  $10,000.  (Average, 
$17,000.) 

Week  Ending  Nov.  16: 

"BERKELEY    SQUARE"    (Fox) 

CHICAGO— (4,000),  35c-50c-68c,  7  days. 
Stage:  Joe  Laurie,  Jr.'s  "Memory  Lane," 
Chrysanthemums  Spectacle,  Larry  Adler 
&  Others.  Gross:  $35,C00.  (Average,  $34,- 
600.) 

"THE    INVISIBLE    MAN"    (Univ.) 

PALACE^(2,509)»  35c-50c-75c,  7  days. 
Stage:  Ted  Weems  &  orchestra,  Jimmy 
Savo,  Lewis  &  Moore,  Serge  Flash  & 
others.     Gross:     $24„S0O.     (Average,    $22,000.) 

Week  Ending  Nov.  17: 

"FEMALE"    (F.   N.) 

McVICKERS-{2.284).   30c-40c-60c,   7  days. 
Gross:    $10,000.    (Average,    $13,000.) 
"MY    WEAKNESS"    (Fox) 

ROOSEVELT— (1.591),  25c-35c-50c,  7  days. 
Gross:    $9,300.    (Average,    $11,000.) 


Petrillo  Faces  Rivals 

Chicago,  Nov.  21. — James  C.  Pet- 
rillo, for  11  years  head  of  the  Mu- 
sicians' Union,  has  been  renominated 
for  the  office  of  president,  but  for  the 
first  time  in  many  years  finds  him- 
self confronted  by  opposing  candi- 
dates. They  are  Angelo  Cavallo  and 
Nunzio  de  Pasquale.  As  a  conse- 
quence the  nominations  were  held 
under  the  eyes  of  police  from  the 
state's  attorney's  office. 

Election  will  be  held  Dec.   5. 


Henius  Goes  to  India 

Paris,  Nov.  21.— Wolff  M.  Henius, 
formerly  with  M-G-M  in  Hollywood 
and  latterly  a  production  manager  at 
I  Joinville  near  here  for  Paramount,  is 
;  en  route  to  Bombay  to  ors:anize  a 
Hindu  production  unit  for  which  sev- 
eral Indian  maharajahs  are  reported 
putting  up  the  capital.  The  plan  is  to 
make  talkers  in  Hindu  with  English 
versions. 


Cantoris  Xmas  Opening 

"Roman  Scandals,"  new  Eddie  Can- 

I  tor   picture,   is   slated  to  open   at   the 

Rivoli   Christmas   week.     The   picture 

j  gets  its  world  premiere  in  Hollywood, 

!  at  Grauman's  Chinese,  next  Monday. 


Holdovers  Let 
Philadelphia 
Grosses  Fall 


Philadelphia.  Nov.  21. — Business 
last  week  took  a  slump,  several  sec- 
ond week  films  dipping  below,  aver- 
age. "Only  Yesterday,"  however,  did 
nicely  at  the  Boyd  and  got  an  extra 
day,  and  "Night  Flight"  got  two 
extra  days  at  the  Arcadia. 

Film  men,  however,  are  looking  for 
plenty  of  excitement  for  this  week. 
"I'm  No  Angel"  is  already  on  the 
way  to  a  house  record  at  the  Stanley 
and  the  "Private  Life  of  Henry  VIII" 
started  strongly  at  the  Aldine. 

Total  first  run  business  was  $74,900. 
Average  is  $82,000. 

Estimated  takings  for  the  week  end- 
ing Nov.    16: 

"BROADWAY    THRU    A    KEYHOLE" 
(U.    A.) 

ALDINE— (1,200),   40c-55c-65c,   5   days,  2nd 
week.    Gross:    $4,800.    (Average    for   6    days, 
$7,000.) 
"NIGHT    FLIGHT"     (M-G-M)     (2nd    run) 

ARCADIA— (600),      25c-40c-50c,      8      days. 
Gross:   $3,100.    (Average   for  6   days,   $2,400.) 
"ONLY    YESTERDAY"    (Univ.) 

BOYD— (2,400),  40c-55c-65c,  7  days. 
Gross:  $11,000.  (Average  for  6  days,  $12,- 
000.) 

"DINNER    AT    EIGHT"    (M-G-M) 

CHESTNUT— (1,500),  55c-$1.65,  3rd  week. 
Gross:    $8,000.    (Average,    $7,000.) 

"LOVE,    HONOR    AND    OH,    BABY" 
(Universal) 

EARLE— (2,000),  40c-55c-65c,  6  days. 
Stage:  Cotton  (ilub  Revue  with  Adelaide 
Hall,  George  Dewey  Washington,  AJma 
Smith.  Four  Flash  Devils,  Cecil  Mack 
Singers.     Gross:    $11,500.    (Average,   $12,000.) 

"SWEETHEART    OF    SIGMA    CHI" 
(Monogreun) 

FOX— (3,000),  3Sc-55c-75c,  6  days.  Stage: 
"Sisters  of  the  Skillet,"  Rosita  and  Ramon 
and  Eduardo  Bianco,  King.  King  and  King. 
Gross:    $13,500.    (Average,   $16,000.) 

"BLONDE     BOMBSHELL"     (M-G-M) 
(Znd    run) 

KARLTON— (1,000),  30c-4Oc-S0c,  6  days. 
Gross:    $3,500.     (Average,    $3,500.) 

"WORST  WOMAN    IN    PARIS"    (Fox) 
(Znd   run) 

KEITH'S— (2,000),  25c-35c-40c,  6  days. 
Stage:  Five  acts  vaudeville.  Gross:  $4,500. 
(Average,    $5,500.) 

"FOOTLIGHT    PARADE"     (Warners) 

STANLEY— (3,700),  40c-55c-65c,  4  days, 
3rd  week.  Gross:  $9,000.  (Average  for  6 
days,   $12,000.) 

"HELL   AND    HIGH    WATER"    (Para.) 

STANTON— (1,700),  30c-40c-55c,  6  days. 
Gross:    $6,000.     (Average,    $7,000.) 


"Baron"  Is  $4,500 
Indianapolis  Draw 

Ixdianapolls.  Nov.  21. — "Meet  the 
Baron"  at  the  Palace  and  the  second 
week  of  "Footlight  Parade"  at  the 
Circle  were  the  two  best  bets  this  past 
week.  The  Palace  grossed  $5,500  and 
the  Circle  $4,500.  ''Berkeley  Square" 
at  the  Apollo  was  just  even  with  par 
with  a  gross  of  $2,500. 

Total  for  the  five  first  runs  was 
$21,500.    Average  is  $24,500. 

Estimated  takings  for  the  week 
ending  Nov.  11 : 

"BERKELEY  SQUARE"  (Fox) 
APOLLO— (1,100).   25c-40c,   7  days.   Gross: 
$2,500.      (Average,    $2,500.) 

"FOOTLIGHT  PARADE"  (Warners) 
CIRCLE— (2,800),      25c-40c,       2nd       week. 
Gross:    $4,500.      (Average,    $3,500.) 

"EVER  IN  MY  HEART"  (Warners) 
INDIANA— (3,300),   25c-55c,  7  days.   Stage 
show.     Gross:   $6,000.     (Average,   $8,000.) 
"SATURDAY'S  MILLIONS"  (Univ.) 
LYRIC— (2,000).    25c-40c.    7    days.     Gross: 
$3,000.      (Average,   $6,000.) 

"MEET  THE    BARON"    (M-G-M) 
PALACE— (3,000).   25c-40c.   7  days.   Gross: 
$5,500.     (Average.  $4,500.) 


Another  Celebrity 

Hollywood,  Nov.  21.  — The 
local  preview  hounds  were  all 
eyes  the  other  night  when  an 
ultra-gorgeous  limousine  drew 
up  to  the  curb  at  the  Bev- 
erly Theatre,  where  Warners 
were  previewing  Edward  G. 
Robinson's  "Dark  Hazard." 

The  mob  was  stepping  on 
each  other's  toes  to  catch  a 
glimpse  of  the  famous  person 
when  the  door  of  the  car 
opened  and  out  stepped  six  of 
the  studio's  best  looking  con- 
tract players,  who  assisted 
from  the  car  none  other  than 
"Dark  Hazard"  himself,  a  big 
black  Whippet  canine  with  a 
diamond   studded   collar. 

Tommy  Macleod  of  War- 
ners' publicity  department 
framed  the  gag. 


"Parade"  Holds  Up 
In  Buffalo  Freeze 

Buffalo,  Nov.  21.  —  The  coldest 
November  weather  in  60  years,  ush- 
ered in  by  a  severe  snowstorm,  pulled 
all  grosses  down,  including  "Foot- 
light  Parade,"  which  nevertheless 
went  $5,000  over  normal  to  $15,000 
and  lingered  for  a  second  session. 

Total  first  run  business  was  $40,- 
000.    Normal  is  $48,300. 

Estimated  takings  for  the  week  end- 
ing Nov.   17: 

"ANN    VICKERS"    (Radio) 

BUFFALO— (3,500),  30c-55c,  7  days. 
Stage;  Anatole  Friedland's  "50  Million 
Frenchmen,"  with  Venita  Gould,  AI  Nor- 
man, Billy  Taylor,  Laina  Blair.  Gross: 
$14,000.    (Average,    $15,000.) 

"BUREAU    OF    MISSING    PERSONS" 
(F.   N.) 

CENTURY— (3,000),  25c,  7  days.  Gross: 
$5,400.    (Average,    $6,000.) 

"FOOTLIGHT    PARADE"    (Warners) 

GREAT  LAKES— (3,000),  25c-40c,  7  days. 
Gross:    $15,000.    (Average,    $10,000.) 

"BEAUTY    FOR    SALE"    (M-G-M) 

HIPPODROME— (2,100),  25c-40c,  7  days. 
Stage:  Sammy  Cohen,  Dr.  J.  Albert  Faul- 
ine,  Jerry  and  Her  Baby  Grands,  Paul 
Mall,  Gus  Robey  &  Gang,  The  Briants, 
Dorothy  &  King  Bros.,  Dalton  &  Craig. 
Gross:  $9,800.  (Average,  $10,000.) 
"WALTZ   TIME"    (G.   B.) 

HOLLYWOOD— (300),  25c-40c,  7  days, 
2nd   week.    Gross:    $900.    (Average,    $800.) 

"THE    WORST    WOMAN    IN    PARIS" 
(Fox) 

LAFAYETTE— (3,300),  25c,  7  days. 
Gross:    $5,500.    (Average,    $6,500.) 


''Angel"  Sets  New 
Record  in  Seattle 

Seattle,  Nov.  21.— "I'm  No  Angel" 
has  established  a  definite  record  here, 
having  had  a  seven-day  capacity  run 
at  the  Fifth  Avenue  and  a  14-day 
"extended  run"  at  the  Paramount. 
For  the  opening  week  at  the  Fifth 
Avenue,  with  admission  at  60  cents 
top,  the  gross  was  in  excess  of  $15,000, 
or  double  the  usual  weekly  take.  The 
second  seven  days,  at  the  Paramount, 
the  take  was  about  $7,500,  and  the 
third  week,  now  current,  is  expected 
to  show  a  gross  of  at  least  $5,000. 
The  three-week  engagement  will  bring 
close  to  $30,000,  it  is  estimated. 


Huffman  Takes  ''Sigma'* 

Denver,  Nov.  21. — The  first  inde- 
pendent film  to  play  a  Harry  Huff- 
man house  in  months  goes  into  the 
Paramount  Nov.  30  for  a  week.  The 
honor  goes  to  Monogram's  "Sweet- 
heart of  Sigma  Chi." 


'Parade"  Is 
$35,000  Hit 
On  the  Coast 


Los  Angeles,  Nov.  21.  —  Warners 
mopped  up  here  last  week  by  playing 
"Footlight  Parade"  day  and  date  at 
the  Downtown  and  the  Hollywood.  It 
took  $20,000,  over  par  by  $6,000,  at 
the  former,  and  ran  up  to  $15,000,  up 
by  $3,000,  at  the  latter. 

"I'm  No  Angel"  was  strong  at 
$16,500  in  its  fifth  week  at  Grauman's 
Chinese.  "Penthouse"  reached  $15,500 
at  Loew's  State.  "Broadway  Thru  a 
Keyhole"  was  a  $13,000  draw  at 
United  Artists,  and  "Only  Yesterday" 
took  $12,750  at  Pantages. 

Total  first  run  business  was 
$124,500.  Average  is  $93,300  without 
United  Artists  and   Pantages. 

Estimated  takings  for  the  week 
ending  Nov.  15 : 

"I'M   NO   ANGEL"    (Para.) 

CHINESE— (2,500).  50c-$1.65,  5th  week.  7 
days.  Sid  Grauman  prologue.  Gross: 
$16,500.      (Average,   $14,000.) 

"PENTHOUSE"    (M-G-M) 
LOEW'S  STATE— (2,415),  25c-40c,  7  days. 
Stage:    Ed    Lowry    and    his    band.      Jimmy 
Starr   celebrities    interview.      Gross:    $15,500. 
(Average,  $14,000.) 

"CRADLE    SONG"    (Para.) 
PARAMOUNT— (3,598),    25c-40c,    7    days. 
Stage:     Georgie     StoU     and     his     orchestra, 
Charlie    Hamp.      Gross:    $14,250.      (Average, 
$18,000.) 
"THE    RIGHT  TO   ROMANCE"    (Radio) 
RKO— (2,700),     25c-40c,     7     dj^-s.      Gross: 
$3,300.     (Average,  $8,000.) 

"FOOTLIGHT  PARADE"   (Warners) 
WARNER     BROS.     (Hollywood)— (5,000), 
25c-55c,  7  days.     Oscar  Baum  and  his  aug- 
mented    orchestra,      stage      show.       Gross: 
$20,000.      (Average,   $14,000.) 

"FOOTLIGHT    PARADE"    (Warners) 
WARNER     BROS.      (Downtown)— (3,400), 
25c-55c.     7     days.       Teddy     Joyce     and     his 
orchestra,      stage      show.        Gross:      $15,000. 
(Average.    $12,000.) 

"BITTER  SWEET"  (U.A.) 
FILMARTE— (890),    40c-50c,    3rd    week,    7 
days.     Gross:   $2,000.     (Average,  $2,650.) 
"MIDSHIPMAN    JACK"    (Radio) 
"RUSSIA  TODAY"    (Carveth   Wells) 
CRITERION— (1.610),      25c-40c,      7      days. 
Stage     show.       Gross:      $3,500.        (Average, 
$2,800.) 

"BROKEN  DREAMS"  (Monogram) 
LOS  ANGELES— (3,000),   15c-25c,  7  days. 
Stage     show.        Gross:      $4,800.        (Average, 
$3,700.) 

"THE   WORST   WOMAN   IN   PARIS" 

(Fox) 
ORPHEUM— (2,200),    25c-35c,    7    days.    10 
acts    vaudeville.      Gross:    $3,900.      (Average, 
$4,250.) 

"BROADWAY  THRU  A  KEYHOLE" 

(U.  A.) 
UNITED     ARTISTS— (2,100).     25c-40c.     7 
days.      Sid    Grauman    prologue.    Chic    Sale. 
Gross:   $13,000. 

"ONLY    YESTERDAY"    (Univ.) 
PANTAGES— (3.000),      25c-40c,      7     days. 
Stage  show.     Gross:   $12,750.     (.Average,    ?  ? 


James  T.  Stroud  Dead 

Spencer,  la.,  Nov.  21. — James  T. 
Stroud,  55,  northwestern  theatre  man- 
ager, is  dead.  He  was  once  assistant 
manager  of  the  old  Grand  Opera 
House,  St.  Paul.  Later  he  directed 
16  suburban  theatres  there.  He  was 
also  manager  for  Publix  in  Aberdeen, 
Minot  and  this  city.  At  the  time  of 
his  death  he  was  handling  Finkelstein 
&  Ruben  houses  here  and  in  Spiritlake. 


Duserne  Out  of  Loew's 

Los  Angeles,  Nov.  21. — Ray  Du- 
serne, manager  of  Loew's  State  here 
for  the  past  five  years,  has  resigned 
to  go  with  a  general  theatrical  agency. 
He  is  succeeded  by  J.  A.  G.  Schiller, 
former  vice-president  of  the  Robert 
Morgan  Co.,  and  a  relative  of  E.  A. 
Schiller,    vice-president    of    Loew's. 


THE 

EXHIBITOR  I 
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URAND  OPUKA  UOUSK 


November  7,  1933. 


kr.  llertln  ^uigley, 
Motion  Picture  Herald, 
1?90  Broadway, 
Nen  YoTk  Olty 

liy  dear  Mr.  Julgley: 

1  read  In  your  November  4th  leeue  of  the  Votlon 
Picture  Herald  the  articles  on  NOW  THE  SUPER-CHAIN, 
on  "GOING  TOST',  and  "MERRY-GO-ROUND*,  and  1  want 
to  eay  to  you.  that  those  are  three  of  the  beet  ar- 
ticles 1  have  ever  seen  in  any  paper.   Whoever 
wrote  these  articles  certainly  has  some  gray  matter 
and  has  ueed  It.   It  Is  too  bad  that  more  people  In 
this  country  haven't  the  nerve  and  courage  to  say  the 
things  which  are  said  In  these  three  articles. 

Yours  very  truly. 


TIk^.Tti'^^ 


*A,B,C,  Proves   they  TAKE  it  — 
*  Letters  prove   they  READ  it- 

MOTION  PICTURE  HERALD 


'III 

1 

imp 
lliiiii 

111 
III 

The  Leading 

Daily 

Newspaper 

of,  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  122 


NEW  YORK,  THURSDAY,  NOVEMBER  23,  1933 


TEN  CENTS 


$69,572,000 
Fox-GTE  Loss 
By  Chase  Told 

$21,000,000    to    Fox    for 
Control,  Reveals  Pecora 

Washington,  Nov.  22. — Expected 
profits  of  the  Chase  National  Bank 
and  its  subsidiary,  Chase  Securities 
Corp.,  from  the  financing  of  Fox  Film 
and  General  Theatres  Equipment 
turned  out  to  Be  losses  aggregating 
$69,572,000,  the  Senate  committee  in- 
vestigating Wall  Street  learned  to- 
day from  Winthrop  W.  Aldrich,  pres- 
ident  of   the  bank. 

The  total  financing  of  the  stock 
and  loans  by  the  bank  and  its  sub- 
sidiary, Aldrich  revealed,  aggregated 
$89,330,000  but  are  todav  carried  on 
the    books    at    $19,757,000. 

A  paper  profit  of  $16,000,000  was 
made  by  the  promoters  of  General 
Theatres  through  the  purchase  of  Fox 

(.Continued  on   page   7) 


Hertz  Examination 
Is  Again  Put  Over 

The  second  consecutive  postpone- 
ment of  the  scheduled  final  examina- 
tion of  John  Hertz,  former  chairman 
of  the  Paramount  finance  committee, 
drew  the  fire  of  Samuel  Zirn,  counsel 
for  a  Paramount  bondholders'  group, 
yesterday. 

Referee  Henry  R.  Davis  put  over 
the  examination  until  Monday  because 
of  the  absence  from  the  city  of  Saul 
E.  Rogers,  counsel  for  another  group 

(Continued  on  page  4) 


Nathanson  Attending 
Kuhn,  Loeh  Sessions 

N.  L.  Nathanson  has  been  attend- 
ing a  series  of  conferences  with  exec- 
utives of  Kuhn,  Loeb  &  Co.,  with  ref- 
erence to  plans  now  being  formulat- 
ed for  drafting  reorganization  ar- 
rangements for   Paramount. 

The  meetings  are  being  presided 
over  by  Sir  William  Wiseman,  rep- 
resenting Kuhn,  Loeb  &  Co. 


Franklin  Not  After 
Metropolitan  Group 

Harold  B.  Franklin,  former  head  of 
RKO  theatres,  is  proceeding  with 
plans  for  setting  up  his  own  produc- 
tion and  exhibition  organization,  he 
said  yesterday  in  denying  current  re- 
ports that  he  was  to  become  associated 
with  Metropolitan  Playhouses  here, 
(Continued  on  page   7) 


Only  Promise 
Bans  Strikes, 
Miller  States 


Labor  Deal  **Lousy,"  He 
Tells  Milwaukee  Meet 


Milwaukee,  Nov.  22 — O  n  1  y  a 
promise  stands  between  the  theatres 
of  the  nation  and  operators'  and  stage- 
hands' walkouts  under  the  code  as  it 
now  stands,  and  while  he  said  he  con- 
sidered the  promise  legitimate,  "it  is 
just  that  and  nothing  more."  Jack 
Miller,  chairman  of  the  National  Code 
Committee  on  Theatre  Labor  and 
president  of  the  Chicago  Exhibitors' 
Ass'n,  so  told  the  annual  convention 
of  the  M.  P.  T.  O.  of  Wisconsin  here 
this  morning. 

Delivering  an  as-usual  on-the-table 
talk  punctuated  with  such  choice  words 
as  "lousy"  and  "rotten,"  Miller  divulg- 
ed that  the  original  code  clause  ban- 

(Continued  on  page   4) 


Rubien  Pleads  for 
Theatre  Employes 

Milwaukee,  Nov.  22 — The  most 
efi^ective  way  to  sweeten  box-offices 
is  to  meet  organized  labor  "obligingly 
and  cheerfully,"  Abner  Rubien,  gen- 
eral counsel  of  the  LA.T.S.E.,  told 
the  Wisconsin  M.P.T.O.  convention 
late  this  afternoon  as  he  urged  recog- 
nition of  the  American  wage  standard 
in  theatres. 

Rubien,  who  played  an  important 
part  in  labor  and  code  meetings  in 
(Continued  on  page  4) 


NRA  Will  Question 
Theatre  Men  Today 

A  number  of  local  independent  ex- 
hibitors received  notices  yesterday  to 
appear  before  the  local  NRA  compli- 
ance board  this  afternoon  to  explain 
exceptions  in  working  hours  of  theatre 
employes  granted  by  the  Department 

(Continued  on  page  4) 


High  Finance 

Milwaukee,  Nov.  22.— They 
asked  for  a  lot  of  things,  did 
exhibitors  of  the  nation. 

Rosenblatt,  however,  today 
told  one  of  the  niftiest.  It 
was  from  a  far  western  ex- 
hibitor who  argued  something 
ought  to  be  done  to  and  about 
producers  who  had  the  gall 
to  charge  as  much  as  $3.50' 
for  a  feature. 


Authority  to 
See  Film  Code 
Is  Lived  Up  to 

Washington,  Nov.  22  —  Compli- 
ance with  the  film  code  by  members 
of  the  industry  will  be  exacted  by  the 
Code  Authority  after  it  is  properly 
organized,  it  was  made  known  today 
by  Administrator  Hugh  S.  Johnson 
in  an  outline  of  what  is  required  after 
a  code  is  approved  by  the  President. 

It  will  be  the  duty  of  the  deputy 
administrator  in  charge  of  the  code 
to  see  that  the  Code  Authority  is  so 
organized  that  it  may  promptly  and 
efficiently  administer  it.  It  will  also 
be  his  duty  to  see  that  the  Code  Au- 
thority does  operate  efficiently  and  to 
invoke  action  by  the  Government 
should  the  Code  Authority  fail  or  be 

(Continued  on  page  4) 


Warn  Canadians  on 
British  News  Shots 

Toronto,  Nov.  22 — The  Ontario 
Government  has  issued  a  warning  to 
exhibitors  not  to  remove  British  shots 
from  newsreels.  The  government  in- 
sists that  patrons  see  50  per  cent  of 
British  scenes  in  the  releases. 

Some  managers  have  been  combin- 
ing two  or  three  reels  in  arranging 
programs  and  others  have  deleted 
British  shots  merely  to  shorten  the 
reels. 


Asked  President  to  Send 
Rubinoff  Back — Cantor 


Warm  Springs,  Ga.,  Nov.  22. — 
Eddie  Cantor  was  a  caller  on  the 
President  at  the  ''Little  White  House" 
today. 

Cantor  referred  to  his  visit  only 
jocularly,  stating  that  he  came  here 
to  ask  the  President  to  send  Rubinoff 
to   Russia. 


His  was  the  second  visit  within  two 
days  the  President  has  had  from  film 
men,  the  first  being  from  Joseph  M. 
Schenck,  president  of  United  Artists. 

It  is  understood  here  that  the  Presi- 
dent received  both  with  the  under- 
standing that  their  visits  would  be  in 
(Continued  on  page  6) 


Code  Creating 
25,000  Jobs, 
Avows  Deputy 

Rosenblatt    Says    So    at 
Milwaukee  Meeting 


By  RED  KANN 

Milwaukee,  Nov.  22 — Twenty-five 
thousand  additional  jobs  are  in  the 
offing  as  a  result  of  the  labor  provi- 
sions of  the  proposed  code,  while  the 
code  itself  will  unite  the  entire  indus- 
try into  "a  compact  whole"  and  give 
it  greater  opportunity  for  self  gov- 
ernment than  any  other  business. 
Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  told  several  hundred  ex- 
hibitors and  exchange  men  at  the 
close  of  the  second  day's  session  of 
the  annual  convention  of  the  Wiscon- 
sin M.  P.  T.  O.  this  afternoon. 

Delayed  by  storms  between  Wash- 
ington and  Chicago  and  almost  com- 
pelled to  cancel  the  trip  entirely  by 
Government  business,  the  deputy  ar- 
rived shortly  after  mid-day  and  deliv- 
ered a  50-minute  talk  to  a  packed 
assemblage,  including  Frank  J.  Mc- 
Williams,  president  of  Allied  of  Wis- 
consin. 

Tracing  the  fundamentals  of  the 
NRA   and   citing  the   widespread  na- 

(Continued   from   page   6) 


Milwaukee  Session 
Goes  Over  to  Today 

Milwaukee,  Nov.  22.— The  M.P. 
T.O.  of  Wisconsin  convention  failed 
to  close  today,  due  to  the  length  of 
the  program,  with  the  election  going 
over  to  Thursday,  at  which  the  re- 
election of  Fred  S.  Meyer  is  definite. 

Other  action  scheduled  includes  a 
by-law  change  to  eliminate  deadheads 
and  keep  the  membership  alive  on  the 
basis  of  dues  at  10  cents  per  theatre 
seat  and  to  invite  film  exchanges  and 
unions  to  join. 

The  proposed  legislative  program 
includes  a  campaign  through  the  na- 
(Continued   from  page  6) 


Ushers  in  St,  Louis 
Organize  New  Union 

St.  Louis,  Nov.  22. — The  Building 
Service  Employes'  International 
Union,  Local  No.  Ill,  has  been 
launched  here.  Ushers  from  five  of 
the   leading  theatres   attended. 

Rolla  Denness,  vice-president  of  the 
new  union,  says  he  will  seek  recogni- 
tion by  the  Theatre  Managers'  Ass'n. 

According  to  Denness,  the  organiza- 
tion meeting  was  attended  by  55 
ushers  from  the  Ambassador,  Fox, 
(Continued  on  page  7) 


MOTION  PICTURE 

DAILY 


Thursday,  November  23,   1933 


MOTION  PICTURE 

DAILY 

(Registcreti    U.    S.    Patent   Ollice) 


\  ol.   34 


November  23,   1933 


No.  122 


Elf 
! 


Martin    Quigley 
Editor-in-Chief  and   Publisher 

||i||         MAURICE    KANN 
Editor 
JAMES  A.  CRON 
Advertising    Maiuifjer 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Uuigley  Publications,  Inc.,  Mar- 
tin Ouiglcy,  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  1933  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 :  Pacific  States  Life 
Building,  \  ine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg,  Representative;  Paris  I5u- 
reau:  19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassvti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hcvesi 
Representative. 

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. 


"Viva  Villa"  Unit  Back 

Hollywood,  Nov.  22.— One  unit  of 
M-G-M's  "Viva  Villa"'  company  has 
returned  to  the  studio  from  Mex- 
ico City  where  it  has  been  on  loca- 
tion   for    several    weeks. 

The  studio  has  been  working  three 
units  on  the  film,  two  in  Mexico  and 
one  at  Culver  City.  The  picture 
will   be   finished   within   a   week. 


Rachmil  to  Be  Married 

Hollywood,  Nov.  22.— Louis  J. 
Rachmil,  vice-president  and  art  di- 
rector for  Ken  Goldsmith  Production, 
left  for  New  York  today  where  he  will 
be  married  to   Helen   Goldman. 

The  couple  plan  to  remain  in  New 
York  for  six  weeks  before  returning 
to  the  coast. 


U,  A.  Shifts  Leonard 

Charles  Leonard,  who  has  been  han- 
dling publicity  and  advertising  for 
the  United  Artists  theatre  in  San 
Francisco,  has  been  transferred  to  the 
home  office  handling  trade  paper  ad- 
vertising copy  under  Hal  Home.  He 
has  already  taken  up  his  new  duties. 


Hugh  Williams  Delayed 

HoLLYWfX)!),  Nov.  22.— Hugh  Wil- 
liams, slated  to  arrive  here  yesterday 
with  George  White  and  his  "Scan- 
dals" staff,  has  been  delayed  in  New 
York  several  days  due  to  a  throat  in- 
fection. 


George  Trumbull  Dead 

Denver,  Nov.  22.— George  Trum- 
bull, 42,  manager  of  the  Colorado, 
died  at  his  home  here.  Trumbull  for- 
merly lived  in  Chicago,  where  he  was 
part  owner  of  the  Jackson   Park. 


"Havana  Widows" 

{First  National) 

Milwaukee,  Nov.  22. — Pretty  swell  in  cast  values,  what  with  Joan 
Blondell,  Glenda  Farrell,  Allan  Jenkins,  Guy  Kibbee  and  Frank  Mc- 
Hugh.  O.  K.,  too,  in  production  values,  but  entertainment  not  so  fortis- 
simo. "Havana  Widows,"  done  in  the  slapstick  style  backed  up  by 
occasional  effective  wisecracks,  probably  will  get  by,  but  it  doesn't  rate 
making  any  noise  over  it. 

It  all  has  to  do  with  the  ambition  of  two  chorines — Joan  and  Glenda — 
to  get  to  the  happy  hunting  grounds  at  Havana  and  there  knock  ofif  a 
millionaire.  They  wheedle  the  money  out  of  Jenkins,  the  dumb  gun- 
toter,  and  run  into  complications  with  Kibbee  and  his  son,  Lyle  Talbot, 
who  finally  becomes  Miss  Blondell's  one  and  only  heart-throb.  The 
story  is  slight,  stretched  out  and  doesn't  mean  much. 

The  cast  does  what  it  can  with  the  material  at  hand,  but  deserved  a 
better  break.  McHugh,  as  the  constantly  drunk  lawyer,  does  his  stufif  in 
great  style  and  provides  the  bulk  of  the  laughs.  Audience  reaction  was 
something  not  to  be  had.  This  was  caught  at  the  10:12  show  at  the 
Strand  with  about  60  of  the  faithful  in  the  audience. 

The  Strand  is  the  new  Warner  slough  house  here.  KANN 

"HorsePlay'' 

{Universal) 

Slim  Summerville  and  Andy  Devine  are  teamed  in  a  series  of  events 
which  begin  on  a  ranch  in  Montana  and  wind  up  at  a  costume  party 
in  dear  old  London.  Summerville,  a  cowhand,  is  in  love  with  Leila 
Hyams  and  is  fired  when  he  pulls  one  boner  too  many.  The  heroine  goes 
to  visit  her  aunt  in  England  and  while  she  is  gone  Summerville  sells 
his  own  ranch  for  $1,000,000.  He  takes  his  pal,  Devine,  and  a  horse  with 
him  in  search  of  Miss  Hyams. 

In  England  Summerville  accidentally  meets  the  heroine's  aunt,  a 
duchess,  and  is  invited  to  a  party  she  is  giving.  Summerville  and  Devine 
attend  and  again  make  themselves  general  nuisances,  especially  when 
they  hear  that  Scotland  Yard  is  after  a  man  with  a  birth  mark  on  his 
left  lobe.  The  man  wanted  happens  to  be  the  villain  making  a  play  for 
Miss  Hyams  so  he  can  kidnap  her  and  hold  her  for  ransom. 

Summerville  and  Devine  eventually  get  their  man.  Miss  Hyams  gets 
her  man,  and  then  all  return  to  the  plains  of  Montana. 

In  the  cast  also  are  David  Torrence,  Mae  Beatty  and  Oscar  Apfel. 
Edward  Sedgwick  directed. 

"War  of  the  Range'* 

{Monarch) 

This  picture  is  right  up  the  young  film  fan's  alley.  Grown  ups,  even 
tho.se  who  are  not  indifferent  to  horse  dramas,  are  likely  to  take  it  with 
a  laugh  in  the  wrong  spots,  as  happened  at  times  when  it  was  caught 
at  Loew's  New  York. 

The  story  of  the  gang  of  rustlers  brought  to  justice  by  the  he-man 
hero  is  resurrected  to  provide  a  string  on  which  to  bead  together  a 
series  of  hand-to-hand  struggles,  pistol  fights  and  mounted  pursuits. 
There  is  always  someone  pursuing  someone  else  or  someone  taking  a 
shot  at  someone  else.  One  thing  must  be  said  for  the  film — it  has  action, 
and  Tom  Tyler,  who  is  much  of  a  favorite  with  youngsters,  is  right 
in  the  midst  of  the  fuss.  Of  cour.se,  the  picture  would  hardly  be  complete 
without  a  romance  between  Tyler  and  Caryl  Lincoln.  Other  players 
are  Lafe  McKee,  Lane  Chandler  and  Charles  K.  French. 

Columbia  Pictures  Up  One 

Net 

,  .      „.                                                                                High  Low  Close  Change  Sales 

Columbia    Pictures,    vtc... 27  257^        27            -f-l  400 

(  onsolidated   Film   Industries,  pfd 95i         9^4         9^       ^  ]00 

Ea.stman    Kodak    80^  78           78^        -fl'^  2,400 

Fox     Film       A    14  14            54            jgo 

Keith- Alhce-Orpheum,     pfd 15  15            15            ](x) 

Loew's,     Inc 31^^  30!^       305^       —Vi  800 

Paramount    PuWix    ]^          \y^.         \y^        —  Vt,  500 

f,"*!]*^    Exchange     . V/^          \^          ]^        _  i^  2,200 

Pathe     Exchange       A' ]I              9%        iQi^        +1^  1,300 

SJ^"     --v, 2K  2M  2J4        -■/«  200 

Warner    Pros 6'/^  6J4  6^i        —  T/i,  2,100 

Trading  Light  on  Curb 

Net 
_     ,     .     ,  High      Low      Close     Change      Sales 

Technicolor     10%        K%        10%        +^  IQO 

Bonds  Very  Inactive 

Net 

D       _        .    Tj  ui-      c,/      >r«                                                   "'S''      Low      Close     Change  Sales 

Paramount    Publuc   5J^s   '50 23!/^        23'/4       2314  1 

Warner   Bros.   6s  '39,   wd 40.J^       4OJ4        40ji       —  ^  10 


i  Purely 
Personal  ► 

PAUL  WHITEMAN  and  Walter 
O'Keefe  are  regular  visitors  on 
the  Af  ARSHALL  Neilan  set  at  the  East 
ern  Service  Studios.  Their  wives, 
Margaret  Livingston  and  Roberta 
Robinson,  are  working  in  "The  So- 
cial Register." 

Gregory  Ratoff  will  make  personal 
appearances  in  Baltimore  and  Wash- 
ington in  addition  to  appearing  with 
Rudy  Vallee  on  the  radio  program 
tonight  and  the  Eddie  Cantor  hour 
on   Sunday  night. 

Jack  Ellis,  Radio  salesman,  is 
handling  the  publicity  for  the  M.  P. 
Salesmen's  ball  to  be  held  at  the  Hotel 
Plaza  on  New  Year's  Eve.  He's  lin- 
ing up  a  stack  of  talent  for  the  af- 
fair. 

Theresian  Gardella,  the  "Aunt 
Jemima"  of  the  radio,  has  been  signed 
by  Fox  for  "Fox  Follies"  and  will 
start  for  the  Coast  on  Dec.  1  follow- 
ing a  personal  appearance  in  St.  Louis. 

Charles  L.  O'Reilly  has  accepted 
the  invitation  of  the  M.  P.  T.  O.  of 
Eastern  Pennsylvania,  Southern  New 
Jersey  and  Delaware  to  talk  at  the 
one-day  convention. 

Harry  Arthur  and  Irving  Lesser 
are  trying  to  find  a  new  indoor  sport 
now  that  "Invisible  Man"  is  being 
held  for  a  second  week. 

Charlotte  Henry  departs  Satur- 
day from  Hollywood  for  a  tour  of 
22  cities,  making  personal  appearances 
with  "Alice  in  Wonderland." 

Joseph  I.  Breen,  Hays  representa- 
tive on  the  coast,  left  for  Hollywood 
last  night  after  a  two-week  series  of 
conferences  here  and  in  Washington. 

Mrs.  Ad.  Schulberg  of  the  Schul- 
berg-Feldman  agency  arrived  in  town 
yesterday  from  Hollywood. 

Warren  William  leaves  for  Hol- 
lywood this  afternoon  on  the  20tli 
Century  after  a  two-week  stay  here. 

Joe  Brandt  and  Tom  Tekkis  held 
an  informal  chat  in  front  of  729  7th 
Ave.   yesterday   afternoon. 

Lewis  Milestone  leaves  for  the 
Coast  in  about  a  week. 

Charles  Rogers,  producer,  is  due 
from  Hollywood  next  week. 

Stuart  Walker,  Paramount  direc- 
tor, is  at  the  Lombardy. 


Munson,  Smith  at  AMPj 

Ona    Munson    and    Stanley    Smit 
featured   in    Joe    Cook's    "Hold   You 
Horses,"  will  be  guests  today  at  thd 
weekly  A.  M.  P.  A.  luncheon  at  Sar-1 
di's.    Howard   Smith,    scenario  editorl 
for  20th  Century,  will  also  be  a  guest. 


Mrs.  Marshall  III 

Mrs.    Fred    Marshall,    wife   of  the] 
Columbia  exploiteer,  yesterday  under-' 
went  an  operation  for  appendicitis  at 
the  Midwood  hospital.    Marshall  is  in 
Hartford  on  a  tieup. 


AS  ADVERTISED 


Joan  Crawford  and  Clark 
Gable  in  "The  Dancing 
Lady*'  are  bringing  to 
your  screen  the  greatest 
musical  romantic  sensa- 
tion this  industry  has  ever 
known.  M-G'M  of  course! 


MOTION  PICTURE 

DAILY 


Thursday,   November  23,    1933 


Only  Promise 
Bans  Strikes, 
Miller  States 


(,(.  ixiliHKt'd  from  page  1) 

ning  strikes  in  theatres  and  ordering 
settlement  of  disputes  between  employ- 
ers and  labor  by  arbitration  was  now 
out  because  the  American  Federation 
of  Labor  refused  to  give  up  its  right 
to  call  strikes. 

"All  we  got,"  he  said,  "was  a  prom- 
ise from  Lou  Krouse  to  take  local 
autonomy  privileges  on  strikes  from 
the  hands  of  business  agents  and  mak- 
ing the  question  determinable  by  him 
as  vice-president  of  the  L  A.  T.  S.  E. 
That's  swell  and  1  believe  Lou  means 
it,  but  after  all,  it's  only  a  promise 
and  Krouse  may  live  six  months  or  an 
hour  and  a   half.    Who  knows?" 

Miller  declared  the  labor  end  of  the 
code  was  a  "rotten"  job. 

"I  went  to  Washington  full  of 
hope,"  he  said.  "The  code  was  to  be 
the  Moses  leading  us  out  of  the  wild- 
erness of  labor.  It  didn't  take  long 
to  find  out  labor  was  running  the 
NRA  and  the  wtiole  show.  I'm  telling 
you  there  aren't  enough  brains  in  the 
A.  F.  of  L.  to  run  the  A.  F.  of  L., 
so  how  is  it  going  to  run  the  govern- 
ment. If  the  government  lets  the  A. 
F.  of  L.  continue  to  run  the  works, 
there's  no  hope.  I  predicted  more 
strikes  in  the  next  six  months  than 
in  the  last  six  years  and  the  first  six 
weeks  of  those  si.x  months  proved  1 
was  dead  right  with  plenty  to  spare. 
Got  "Lousy  Deal,"  He  Says 

"Can  you  imagine  a  government 
ruling  a  wage  scale  arrived  at  by 
violence  and  theatre  bombing  is  to 
prevail  as  long  as  the  NR.A.  stays: 
That's  what  it  has  done.  The  code 
says  Aug.  23  wage  scales  are  to  pre- 
vail, but  does  it  mean  that?  It  does 
not.  It  means  wages  can't  go  under 
that  scale,  but  doesn't  prevent  unions 
from  trying  to  get  more.  We  came 
out  of  Washington  not  with  a  gcjod 
deal ;  we  came  out  with  a  lousy  deal." 

Miller  cracked  down  on  Wisconsin 
exhibitors  for  failure  to  support  the 
organization  and  predicted  nationwide 
unions  of  ushers,  cashiers,  and  door- 
men and  said  in  100  cities  and  towns 
moves  were  actually  under  way  to 
unionize  janitors. 

"I  came  up  here,"  he  asserted,  "be- 
cause Fred  -Meyer  sold  me  on  the  idea 
of  what  a  wonderful  organization  he 
had.  I've  been  going  to  these  things 
for  years  and  they're  a  lot  of  hooey 
like  this  one.  Meyer  hasn't  any  organ- 
ization. I've  been  fooled  again  and 
.Meyer  is  just  plain  nuts  for  worryin-- 
about  the  organization  when  you  guys 
won't  even  pay  dues.  As  a  matter  of 
fact,  I  understand  he  hasn't  even  been 
able  to  collect  on  his  Washington  ex- 
penses. So  what  is  it  all  about?  I'm 
asking  you ! 

"There  is  only  one  way  to  beat  this 
labor  thing  and  that  is  for  employers 
to  organize  as  strongly  as  employes. 
If  you  don't  want  to  pay  ushers  $25, 
doormen  $35  and  cashiers  $25  a  week 
you'd  better  wake  up,  and  if  you  don't 
that's  what  you're  going  to  get." 

Miller  said  the  A.  F.  of  L.  had 
16,000,000  members  during  the  war 
when  industry  had  to  move  and  no- 
body worried  much  about  wage  scales. 

"But  when  the  war  was  over  and 
fellows  looked  around,  the  member- 
ship dropped  to  1,600,000,"  he  added. 


A  Code  WhaVs  a  Code 


Milwaukee,  Nov.  22. — Still  shuddering  when  he  recalls  Wash- 
ington, the  Mayflower  and  the  code,  Fred  S.  Meyer  tonight  gave 
the  M.P.T.O.  of  Wisconsin  and,  for  that  matter,  the  industry  the 
sort  of  code  that  he  argued  ought  to  be  adopted.  The  excuse 
for  it  all  was  the  banquet  which  wound  up  the  convention. 

Meyer  divided  his  authoring  into  four  parts,  almost  like  a 
feature.  Part  1  dealt  with  film  salesmen;  Part  2  with  labor;  Part  3 
with  branch  managers  and  Part  4  with  the  exhibitor.  Some 
highlights: 

A  Utopian  Code  for  Film  Salesmen 

I.  FUni  salesmen  shall  not  be  required  to  work  more  than  three  days  in 
any  week  nor  more  than  Ave  hours  in  any  one  day,  the  word  "work" 
being    specittcally    deflned    by    the    Administrator, 

i.  Ladies'  company  must  be  furnished  to  film  salesmen  eitlier  en  route  or 
await   tliem  at  point  of  destination. 

:i.  Expense  accounts  can  not  be  questioned.  All  losses  in  cards,  crap,  etc., 
or  otiier  expense,  shall  be  permissible  as  a  charge-off  and  no  questions 
asked.  To  assure  the  enforcement  of  tliis  section  tiiere  sliall  hereafter 
be  no   office   managers. 

4,  ISO  salesman  sliall  be  subject  to  tlie  humiliation  or  embarrassment  of 
having   any   contract   rejected   once   it  is   signed   by  an  exliibitor. 

5.  M-G-M  salesmen  shall  not  sell  tlieir  product  unless  the  exliibitor  also 
agrees  to  buy  Monogram  pictures,  witli  the  definite  understanding  that 
both   products   will    be   co-featured    in    eadi   instance. 

A   Utopian  Code  for  Labor 

1.  Hours  of  labor  shall  be  limited  to  not  more  than  45  minutes  on  any 
day,  on  account  of  tlie  great  strain  and  risk  involved.  Five  days  per 
week  only. 

2.  Minimum  pay  per  hour  shall  be  not  less  tlian  $10  per  hour  with  double 
this  amount  to  be  paid  for  overtime,  the  latter  to  be  based  on  an 
hourly    basis   even  thougli   it   may    only   amount   to    seven   minutes. 

3.  At  least  four  operators  shall  be  on  the  job  at  one  and  the  same  time, 
thereby  enabling  the  operators  to  do  their  share  for  NKA,  also  so  they 
can  play  bridge. 

4.  Operators  who  have  no  car  of  their  own  shall  be  called  for  and  de- 
livered by  the  exhibitor. 

A  Utopian  Code  for  Exiubitors 

1.  £very  exliibitor  mast  be  guaranteed  a  profit  of  not  less  than  $100  per 
day  on  every  picture  he  runs.    All  Advertising  must  be  furnished  gratis, 

1.  Before  an  e.vliibitor  accepts  any  gratis  pictures,  he  must  be  guaran- 
teed an  adjustment  to  assure  the  profit  heretofore  stated. 

3.  No  matter  what  the  contract  may  or  may  not  contain,  exiiibitors  shall 
be  permitted  to  run  a  picture  for  as  many  days  as  they  desire  and 
they   need    not    notify   the   exchange   in   case   of   holdovers. 

1.  Where  percentage  pictures  are  involved,  every  exhibitor  sluUl  be  his 
own  checker  and  if  he  is  caught  sending  the  exchange  an  overage  he 
shall  promptly   be  expelled  from  the  Ancient  Order  of  Chiselers, 

5.  All  contractual  obligations  to  the  contrary  notwithstanding,  exhibitors 
need  not  play  pictures  in  sequence  of  release,  but  may  reject  all, except 
those  tliat  look  like  "naturals." 

(>.  There  shall  be  no  minimum,  nor  any  admission  charge,  if  exhibitors 
so  elect,  and  all  subsequent  runs  sliall  have  at  least  six  months'  clear- 
ance over  what  once  was  a  so-called  first  run.  Exhibitors  who  operate 
only  one  theatre  shall  have  preference  over  exhibitors  operating  two 
or   more. 


"Now  you've  got  the  NRA  and  the 
total  has  hiked  to  over  5,000,000  al- 
ready. It'll  be  back  to  that  16,000,000 
if  you  lunatics  don't  do  something 
about  it." 

Ed  Kuykendall,  head  of  the  M.  P. 
T.  O.  A.,  failed  to  escape  Miller's 
tongue-lashing  on  the  futility  of  ex- 
hibitor  organizations. 

Cites  Instances 

"There  were,"  he  said,  "a  couple 
of  other  saps  like  you.  Pete  Wood- 
hull  was  the  national  president  and 
had  a  couple  ot  theatres.  He  worried 
about  the  good  of  the  exhibitors,  and 
what  happened?  He  hasn't  even  got 
a  theatre  left.  Then  there  was  Light- 
man.  He  had  a  circuit  in  Tennessee 
and  still  has,  but  his  term  in  office  will 
cost  him  $150,000.  Maybe  you  don't 
know  Lightman's  partners  told  him 
he'd  have  to  quit  the  M.  P.  T,  O.  A. 
job  or  they'd  throw  him  out  of  the 
compEtoy.  All  these  national  leaders 
who  wanted  to  save  the  exhibitors, 
who  don't  want  to  be  saved,  ended  in 
tiic  ash  can,  and  that's  where  you  will 
if  you  don't  get  wise." 

Kuykendall  answered  it  was  his  in- 
tention to  aid  all  exhibitors  whether 
tliey  paid  their  dues  or  not,  declaring 
he  regarded  this  as  his  contribution 
to  the  industry.  When  Miller  caught 
his  <lrift,  he  merely  threw  up  his  hands 
and  walked  out. 

Miller  made  a  big  hit  with  his  plain 
talk  and  hard-hitting  tactics,  proving 
once  again  he  is  always  good  copy 
when  he  gets  going. 


Ruhien  Pleads  for 
Theatre  Employes 

(Continued  from  page  1) 

Washington,  predicted  a  modification 
of  the  NRA  to  give  power  to  the 
National  Labor  Board.  He  said  that 
without  power  the  board  has  already 
been  successful  in  many  industrial  dis- 
putes. "When  this  board  has  the 
power  to  enforce  its  decrees,  coopera- 
tion will  become  mandatory,"  he  said. 
He  was  not  present  at  the  morning 
session  when  jack  Miller  attacked  the 
American  Federation  of  Labor  and 
the  labor  section  of  the  proposed  code. 

NRA  WiUQuestion 
Theatre  Men  Today 

(Continued  from  pane   1) 

of  Commerce  last  summer,  prior  to 
the  setting-up  of  the  local  compliance 
I)oards. 

Complaints  have  been  made,  it  was 
said,  that  the  52-hour  week  now  in 
force  in  some  independent  theatres, 
constitutes  an  unfair  advantage  over 
other  theatres  which  arc  applying  the 
40-hour  week  proviso  of  the  Presi- 
<lent's  re-employment  agreement. 

"Design'*  Opens  Here 

"Design  for  Living"  had  its  pre- 
miere at  the  Criterion  last  night  be- 
fore an  audience  that  included  Ernst 
Lubitsch,  its  director,  and  Miriam 
Hopkins  and  Gary  Cooper,  two  of  its 
leading  players. 


Authority  to 
See  Film  Code 
Is  Lived  Up  to 

(Continued    frofn   page    1) 

unable    to    administer     the    code    or 
abuses   its  authonty. 

Declaring  that  it  is  fundamental  that 
ultimate  responsibility  for  efficient 
code  administration,  including  the  re- 
quirement of  compliance,  shall  be 
shouldered  by  industry  itself,  Johnson 
disclosed  it  is  planned  that  the  Gov- 
ernment shall  see  that  codes  are  com- 
plied with  only  until  the  Code  Au- 
thorities are  so  organized  as  to  take 
over  the  work.  In  no  instance,  how- 
ever, will  the  Government  relinquish 
its  control  over  codified  industries  and 
will  at  all  times  retain  the  power  to 
act  where  code  authorities  do  not 
properly  perform  their  functions. 


Hertz  Examination 
Is  Again  Put  Over 

(Continued  from  page  1) 

of  Paramount  bondholders,  who  had 
previously  declared  to  the  court  that 
it  was  of  "vital  importance  to  his 
group  that  he  be  present  at  any  time 
that  Hertz  testified."  Rogers  was 
called  to  Washington  by  the  Senate 
investigation  committee,  now  delving 
into  the  relations  of  the  Chase  Na- 
tional Bank  with  Fox  Films.  Rogers 
is  a   former  general   counsel   of   Fox. 

Zirn    characterized     the     postpone- 
ments of  the  examination  as  "intoler- 
able" and  "bordering  on  a  major  judi- 
cial   scandal."     He    said    that    delays 
were  threatening   the  effectiveness   of  i 
the  bankruptcy  investigation.   The  last! 
scheduled  examination  of    Hertz  had] 
been  postponed  until  yesterday  in  or- 
der  to   permit  the   witness    to   attend 
the    funeral    of   the    late    Edward    N. 
Hurley,    war-time    chairman    of    the 
U.    S.    Shipping   Board,   who   died   in 
Chicago  recently. 

A  meeting  of  Publix  Enterprises' 
creditors,  also  scheduled  for  yester- 
day, was  postponed  until  Dec.  5. 


Para,  Managers  Go 
Back  to  Districts 

Following  conferences  with  home  of- 
fice executives  for  the  past  two  days, 
four  Paramount  district  managers  lefti 
yesterday    for    their    respective    head-j 
quarters.    Mike  Lewis,  California  dis-| 
trict  head,  and  Hugh  Braley,  Denver! 
district   manager,  departed  after  con-| 
ferring    with    Neil     Agnew.       Oscar 
Morgan    and    William    Erbb    left    for 
Atlanta   and    Boston   after    discussing 
sales  with  Stanley  Waite,  who  did  not 
attend   the    White     Sulphur     Springs 
three-day  session  because  of  a  recent 
operation. 


/.  M.  Schenck  Returns 

Joseph  M.  Schenck,  president  of 
United  Artists,  returned  yesterday 
from  Warm  Springs,  Ga.,  where  he 
conferred  briefly  with  the  President. 


2  Fox  Men  in  Detroit 

Herman     Wobber     and     John     D. 
Clarke,    Fox   sales   executives,   are   inj 
Detroit  on  the  final  lap  of  exchangesj 
east  of  the   Mississippi. 


n^=^^ 


Dinner-  Dance 


OF  THE 


Universal  Club 

(UNIVERSAL  PICTURES  CORPORATION) 

GRAND    BALL    ROOM    • 
WALDORF   ASTORIA    HOTEL 


Saturday  Evening,  Nov.  25,  1933 

DINNER  AT  7:30— ENTERTAINMENT 
AND  DANCING  FROM  THEN  ON 
—MAKE  YOUR  RESERVATION  NOW— 
CALL  UNIVERSAL  CLUB,  CIRCLE  7-7100 


Tickets 


$7.50  per  Person 


u 


11 


fr 


ll  A7>. 


MOTION  PICTURE 

DAILY 


Thursday,   November  23,    1933 


Code  Creating 
25,000  Jobs, 
Avows  Deputy 


(.Continued  from   payc   1) 

ture  of  the  code  suggestions,  ranging 
from  a  Wyoming  exhibitor,  who  \\;ant- 
ed  a  clause  banning  basketball  games 
until  alter  theatres  closed,  to  letters 
from  the  public  protesting  against  the 
appearance  of  crooners  in  shorts,  to 
communications  from  children  six  anci 
eight  years  old  protesting  against  sex 
in  pictures,  Rosenblatt  declared  the 
industry,  prior  to  Aug.  8,  when  the 
code  deliberations  started  in  New 
York,   was  in  deplorable   shape. 

"If  any  industry  presented  a  pic- 
ture wherein  practices  of  dog  eat  dog 
and  the  devil  take  the  hindmost  were 
prevalent,  this  industrj-,  viewed  as  a 
whole,  presented  such  a  picture," 
Rosenblatt  asserted. 

Discusses  Labor  Terms 

Unaware  of  Jack  Miller's  attack 
on  the  labor  provisions  of  the  code 
made  at  the  morning  session  and  obvi- 
ously, therefore,  not  in  a  position  to 
answer  the  attack,  even  if  he  were  so 
minded,  Rosenblatt  made  an  extensive 
comment  on  that  portion  of  the  code, 
declaring  it  told  its  own  story.  IJe 
skipped  any  labor  reference  in  detail 
by  remarking  that  for  the  first  time 
in  the  history  of  the  industry  workers 
were  fully  protected.  His  historical 
tracings  of  the  code  deliberations 
stressed  the  divergent  views  of  vari- 
ous groups,  their  insistence  upon  go- 
ing their  own  way,  their  desire  to  do 
this  despite  what  the  deputy  described 
as  their  complete  interdependence  upon 
each  other. 

At  tlie  same  time  he  went  laudatory 
when  he  declared  that  no  industry  as 
a  whole  had  sub.sequently  cooperated 
so  completely  with  the  NRA  adminis- 
tration as  the  film  industry  had. 

Doubling  back  on  the  highlights  of 
his  Atlanta  address  a  few  weeks  ago, 
when  he  spoke  at  the  Southeastern 
Theatre  Owners'  Ass'n  session,  Rosen- 
blatt made  several  references  consid- 
ered pointed  ones  to  true  and  real 
leaders  among  exhibitors.  While  no 
specific  mention  was  made  of  Allied, 
those  present  familiar  with  the  check- 
ered progress  of  the  code  delibera- 
tions had  no  doubt  he  was  referring 
to  that  organization.  He  told  the  as- 
sembled exhibitors  that  true  leaders 
hadn't  failed,  that  they  had  "labored 
hard  and  long"  and  secured  "great 
rights  and  privileges  for  you." 

Clearly  referring  to  the  right-to- 
buy  wrangle  which  was  one  of  the 
bitterest  of  the  Washington  meetings, 
although  he  made  no  specific  mention 
thereto,  Rosenblatt  touched  on  the 
question  when  he  emphasized  the  le- 
gally established  right  of  a  distributor 
to  pick  his  own  customers  and  set  his 
own  terms  of  sale,  so  long  as  these 
efforts  in  no  wise  lean  toward  the 
establishing  of  monopoly. 

Distributor  Concessions 

In  his  quick  analysis  of  the  code 
highlights,  the  deputy  declared  the 
code  compels  distributors  to  give  up 
considerable,  while  "compelling  few 
corresponding  obligations  on  the  ex- 
hibitor." 

Becoming  specific,  he  outlined  as 
concessions  made  by  distributors  re- 
strictions against  threats  to  build  the- 


atres against  exhibitors,  check  on 
shorts  sales  with  features  in  propor- 
tion with  the  number  of  shorts  re- 
quired by  the  exhibitor  on  the  basis 
of  his  established  program,  setup  of 
designated  playdates  which  permit  the 
exhibitor  to  cancel  under  certain  pro- 
visions, arrangements  on  substitutions. 
specials,  restrictions  in  exposing  finan- 
cial data  through  checkers,  cancella- 
tions, protection  against  non-theatrical 
competition,  and  over-buying,  the  lat- 
ter to  be  cleared  through  grievance 
boards.  While  most  of  the  explana- 
tion was  not  new  and  had  been  cov- 
ered in  full  from  time  to  time  in  the 
Motion  Picture  Daily,  Rosenblatt's 
address,  delivered  first  hand,  never- 
theless proved  of  greatest  interest  to 
his  hearers. 

Exhibitors,  he  said,  were  giving  up 
very  little.  Their  concessions,  he  con- 
tinued, included  observance  of  con- 
tracts in  the  event  theatres  were  sold, 
observance  of  admission  price  levels, 
and  regulation  of  rebates.  He  ex- 
plained that  nothing  had  been  done 
about  duals,  because  he  "didn't  regard 
it  within  his  function  to  jeopardize 
the  future  of  independent  producers" 
or  to  place  restrictions  on  individual 
theatre  operation. 

Refers  to  Block  Booking 

Rosenblatt  made  one  significant 
point  relative  to  block  booking.  Trac- 
ing its  highly  controversial  history, 
the  deputy  pointed  out  court  decisions 
had  ruled  the  practice  legal  when  used 
by  individual  companies  and  illegal 
when  determined  upon  and  proved  to 
have  been  determined  upon  collec- 
tively. He  said  nothing  in  the  cod*" 
would  impair  the  decisions  on  record 
on  block  booking  and  asserted  pro- 
ponents of  this  selling  method  had 
expressed  no  desire  to  vitiate  such 
decrees. 

"They  must  stand,"  said  Rosenblatt. 

Going  into  much  detail  on  cancella- 
tion privileges,  he  exolained  the  provi- 
sion was  cumulative  in  effect  and  ap- 
plied to  all  exhibitors  where  the  aver- 
age rental  was  $250  or  less,  provided 
exhibitors  live  Up  to  the  letter  of  their 
contracts. 

"If  36  pictures  are  involved  and  the 
exhibitor  fails,  or  does  not  want  to. 
exercise  cancellation  right  until  the 
.12nd  film  is  delivered,  he  then  may 
dron  the  last  four." 

Referring  again  to  duals  he  said 
the  issue  was  so  controversial  it  was 
left  out  of  the  code  "at  the  present 
time."  What  inferences  were  to  bp 
drawn  from  that  nhrase  rested  with 
the  listeners,  as  their  individual  view- 
points  dictated. 

If  separate  codes  had  been  drawn 
for  nrodi'ction.  distribution,  and  ex- 
hibition. Rosenblatt  said,  not  a  sintrle 
theatre  problem  would  hnve  been  soh-- 
ed.  He  added  it  was  the  willingness 
of  producers  and  distributors  to  co- 
opernte  that  made  relief  for  exhibitors 
oossible. 

Praises  Grievance  Boards 

The  most  constructive  feature  of 
the  rode  is  the  grievance  boards,  ac- 
cordintr  to  Rosenblatt,  who  added  that 
exhibitors  all  over  the  nation  h^d 
asked  for  them.  So  liberal  are  the^' 
designed  to  be.  he  said,  that  exhibitors 
will  have  a  chance  to  be  heard  in 
open  meeting,  even  if  they  have  no 
leeal   riehts   in  the  case  at  issue. 

Rosenblatt  remarked  that  much  in- 
terest in  the  proposed  system  had  been 
voiced  bv  trade  associations  in  other 
fields,  and  he  indicated  after  the  meet- 
inc  he  was  to  have  a  conference  in 
Washington  Friday  to  air  the  ma- 
chincrv  with  representatives  of  an- 
other industry. 


For  half  an  hour  tonight,  Rosen- 
blatt, who  was  accompanied  by  his 
wife  and  secretary,  Mrs.  Soper,  con- 
ducted an  open  forum  with  exhibitors 
and  answered  all  questions  fired  at 
him.  He  attended  the  banquet  at  the 
Schroeder  and  at  9  :20  o'clock  left  for 
Chicago  to  discuss  NRA  matters 
Thursday,  leaving  for  Washington  on 
the  Liberty  Limited  Thursday  after- 
noon. 


Milwaukee  Session 
Goes  Over  to  Today 

{Continued  from  page  1) 

tional  M.P.T.O.A.  to  change  the 
copyright  law  for  elimination  of  the 
music  tax,  or  its  reduction  from  the 
present  10  cents  per  seat  tariff. 

Endorsement  of  the  code  as  it 
stands,  plus  any  pending  modifications 
is  also  set  to  go  through  as  well  as 
a  resolution  condemning  salacious 
pictures  and  advertising,  whether  by 
means  of  stills  or  lobby  displays.  The 
unit  will  also  back  the  intent  of  the 
Hays  morality  code,  but  not  its  prac- 
tice, and  will  seek  to  get  the  right  of 
an  exhibitor  to  reject  pictures  which 
violate  the  code  letter  and  intent. 
Letters  so  advising  all  distributors 
are  planned. 


Asked  Ruhinoff  Be 
Sent  Back — Cantor 

{Continued  frotn  page  1) 

the  nature  of  personal  calls,  and  dis- 
cussions regarding  salaries  of  stars 
or  the  pending  code  would  be  barred. 

The  President  will  not  discuss 
codes  while  they  are  pending.  Gen- 
eral Hugh  S.  Johnson  is  due  here  late 
Thursday  night,  and  it  is  expected  that 
he  will  acquaint  the  President  with 
the  latest  developments  on  the  code. 

Cantor  left  shortly  after  6  o'clock. 


More  Eastern  Work 
Foreseen  by  Neilan 

A  marked  increase  in  production 
activities  in  the  east  was  forecast  yes- 
terday by  Marshall  Neilan,  who  is, 
himself,  planning  production  of  eight 
pictures    at    Eastern    Service    Studios. 

Neilan  expressed  complete  satis- 
faction with  production  facilities  here 
as  experienced  in  work  thus  far  on 
"The  Social  Register,"  with  Colleen 
Moore,  which  is  to  be  released  through 
Columbia. 


Roles  Awaiting  Cooper 

Hollywood,  Nov.  22. — Gary  Coop- 
er, when  he  returns  to  the  coast, 
will  play  opposite  Marion  Davies  in 
"Operative  13,"  after  which  he  will  be 
cast  opposite  Anna  Sten  in  "Barbary 
Coast"  by  Samuel  Goldwyn.  He  will 
then  return  to  Paramount  for  one 
film. 


Chamber  Elects  Whitney 

Boulder,  Colo.,  Nov.  22.— Gerald 
Whitney,  city  manager  for  Fox  West 
Coast,  has  been  elected  president  of 
the  Chamber  of  Commerce' after  liv- 
ing here  about  a  year. 


First  Division  to  Move 

First  Division  Exchanges,  Inc.,  is 
going  to  move  from  630  Ninth  Ave. 
to  the  23rd  floor  of  the  RKO  Build- 
ing in  Radio   City. 


New  Orleans 
Views  Repeal 
Complacently 


New  Orleans,  Nov.  22. — Repeal 
will  have  no  effect  on  box-offices  in 
New  Orleans,  or  in  other  sections  of 
Louisiana,  according  to  exchange  and 
theatre  managers,  and  others  con- 
nected with  the  industry  here. 

New  Orleans  never  did  take  the 
18th  amendment  seriously.  No  state 
prohibition  law  was  ever  passed,  the 
city  and  state  government  .depending 
on  the  Federal  government  to  regulate 
the  liquor  traffic  if  it  saw  fit. 

When  3.2  beer  was  made  an  issue 
and  finally  released  to  hundreds  of 
restaurants,  grocery  stores  and  so- 
called  beer  gardens,  no  effect  was 
felt  by  theatre  managers.  Their  reve- 
nues did  not  fall  off,  despite  the  fact 
that  these  refreshment  parlors  were 
crowded. 

On  Election  night,  when  prohibition 
was  decisively  defeated,  and  the 
nights  following  New  Orleans  bars 
opened  without  fear  of  government 
restraint  and  even  at  that  the  crowds 
were  not  large. 

Hard  liquor  has  always  been  ob- 
tainable, whether  the  customer  was 
personally  known  to  the  bartender  or 
not,  only  it  was  not  kept  in  plain  sight 
as  of  yore. 

Theatres  are  hurt,  however,  by  the 
freezing  of  upwards  of  $60,000,000  in 
the  banks  of  this  city  and  nearby 
towns  with  no  immediate  prospect  of 
release.  Just  what  amount  is  frozen 
in  the  homesteads  cannot  be  cor- 
rectly ascertained,  but  the  total  runs 
into  several   millions,   it  is   said. 

F.  F.  Goodrow  of  Goodrow  attrac- 
tions, states :  "There  may  be  a  drop 
off  in  attendance  for  the  first  few 
weeks,  but  I  believe  this  will  right 
itself.  The  threat  of  competition  from 
places  selling  entertainment  with 
their  drinks  does  not  seem  so  serious, 
since  the  prices  expected  on  strong 
liquors  will  put  these  places  in  the 
night  club  class.  On  the  other  hand, 
if  increased  employment  follows  with 
increased  buying  power,  we  can  look 
to  an  eventual  boost  in  business." 

Ernest  Landys  of  Fox :  "The  return 
of  legalized  drinking  is  expected  to 
put  more  money  in  circulation.  Any- 
thing that  does  this  is  bound  to  add 
patronage  to  theatres.  There  may  be 
a  light  slump  in  the  beginning  while 
some  of  the  theatre  patrons  spend 
their  evenings  looking  over  the  new 
bars,  but  this  novelty  should  wear 
off." 


M-G-M  Stars  Want  Raise 

Hollywood,  Nov.  22. — Joan  Craw- 
ford and  Clark  Gable  are  raising 
their  voices  for  more  pay,  while 
Jimmy  Durante  is  demanding  more 
important  billing.  The  comedian's 
action  followed  his  discovery  that  M- 
G-M  was  bringing  Buster  Keaton 
back  with  higher  billing  than  his 
own. 


Tracy  Due  in  Hollywood 

Hollywood,  Nov.  22. — Lee  Tracy, 
who  had  been  sought  by  the  Mexican 
authorities  on  a  charge  of  insulting 
the  government  of  Mexico,  is  due  here 
tomorrow  after  making  his  way  across 
the  Rio  Grande  by  airplane. 


Thursday,   November  23,    1933 


MOTION  PICTURE 

DAILY 


$69,572,000 
Fox-GTE  Loss 
By  Chase  Told 


(Continued   from   page    1) 

I'ilni  stock  at  less  than  the  market 
price,  it  was  testified,  the  stock  be- 
ing purchased  at  $30  when  the  mar- 
ket price  was  $40  and  higher  with- 
out offering  it  to  the  stockholders 
of  the  company.  Bankers  financing 
security  issues  of  the  two  companies, 
it  was  shown,  realized  profits  of  over 
$6,646,000. 

More  of  the  details  of  the  involved 
financial  transactions  of  General  The- 
atres when  it  acquired  the  Fox  inter- 
ests were  revealed  to  the  committee 
today  by  Murray  W.  Dodge,  former 
official  of  the  Chase  Securities  Corp. 
Recalled  to  the  stand  to  discuss  some 
of  these  operations,  Harley  Clarke, 
Chicago  financier,  proved  of  little  aid 
to  the  committee. 

At  the  opening  of  the  hearing  to- 
day, Ferdinand  Pecora,  committee 
counsel,  estimated  Fox  received  a 
total  of  about  $21,000,000  for  a  con- 
trolling interest  in  his  properties.  In 
addition  to  a  $15,000,000  cash  pay- 
ment, he  said,  Fox  received  other 
considerations  valued  at  about  $6,000,- 
000. 

The  largest  part  of  the  $4,500,000 
profits  of  the  bankers  was  realized 
from  a  pool  formed  in  the  class  "A" 
stock  of  Fox  Film  which  had  been 
sold  to  them  at  $30  a  share  and  sold 
later  on  the  market  at  prices  ranging 
between  $40  and  $48  a  share,  testi- 
mony showed.  The  profits  from  the 
pool  amounted  to  $3,940,000,  which 
was  divided  among  seven  participants. 
A  payment  of  $325,000  also  was  made 
to  Joseph  Higgins,  market  operator, 
as  part  of  the  "expenses"  of  the  ac- 
count,   it    was    brought    out. 

A  syndicate  also  was  formed  in  a 
$30,000,000  issue  of  debentures  by 
General  Theatres  which  netted  profits 
of  $1,806,076  to  the  purchasing  group 
and  $900,000  to  the  selling  group. 

A  memorandum  from  Dodge  to  Al- 
bert H.  Wiggin,  former  president  of 
the  Chase  bank,  dated  Apr.  7,  1931, 
was  read  into  the  record  by  Pecora, 
which  related  to  the  Fox  financing. 
Dodge  spoke  of  his  reluctance  to  dis- 
cuss the  financing  with  Kuhn,  Loeb 
&  Co.,  because  to  "split  up  the  gravy 
would  hurt  my  feelings." 

Asked  by  Pecora  what  he  meant  by 
the  use  of  the  word  "gravy,"  Dodge 
replied  that  he  did  not  mean  it  to 
relate  to  expected  profits  of  the  bank- 
ing group  but  to  the  "prestige"  of 
the  bankers  in  carrying  out  the 
financing. 


Warners  Speed  Up; 
"U"  Slowing  Down 

Hollywood,  Nov.  22.— Production 
is  speeding  up  at  Warners  with  seven 
pictures  now  shooting  and  four  sched- 
uled to  begin  before  Christmas,  mak- 
ing a  total  of  11  in  production  before 
the  holidays. 

Productions  shooting  are:  "Journal 
of  a  Crime,"  "Heat  Lightning," 
"Gambling  Lady,"  "As  the  Earth 
Turns,"  "Wonder  Bar,"  "Hell's  Bells" 
and  "King  of  Fashion." 

Those  slated  for  production  within 
the  next  three  weeks  are :  "A  Very 
Honorable  Guy,"  starring  Joe  E. 
Brown ;  "The  Dragon  Murder  Case," 
starring  William  Powell;  "The  Heir 
Chaser,"  starring  Jimmy  Cagney,  and 
"A  Modern  Hero,"  starring  Richard 
Barthelmess. 

Universal  will  complete  all  produc- 
tion this  week  prior  to  a  shutdown  just 
before   Christmas. 

"Pirates  Treasure,"  a  serial ;  "Cross 
Country  Cruise"  and  "I  Like  It  That 
Way,"  have  been  completed.  "The 
Poor  Rich"  and  "Two  Clucks"  will 
finish  the  latter  part  of  the  week. 

With  Sam  Goldwyn's  "Nana"  com- 
plete and  "Barbary  Coast"  not  slated 
for  the  cameras  until  January,  re- 
ports at  United  Artists  are  that  there 
will  be  a  several  weeks'  layoff  for  the 
Goldwyn  production  staff.  Employes 
are  usually  carried  by  the  company 
during  production  lulls. 


Ushers  in  St,  Louis 
Organize  New  Union 

(Continued  from  paqe  O 

Grand  Central,  Missouri  and  St.  Louis. 
while  25  ushers  who  work  for  neigh- 
borhood houses  had  previously  signed 
membership  applications.  There  are 
about    250    ushers    here. 

Thomas  W.  Allen  is  president  of 
the  union ;  Denness,  vice-president : 
William  Roch,  treasurer,  and  Edward 
T.  Burke,  secretary.  John  P.  Nick, 
business  agent  for  the  Theatrical 
Brotherhood,  presided  at  the  organ- 
ization  meeting. 

Cashiers  and  ticket  takers  will  also 
be  asked  to  join  the  union. 


Twin  Cities  Quiet 
After  Warner  Stir 

Minneapolis,  Nov.  22. — Twin  City 
exhibitors,  who  signed  contracts  to 
play  Warner-F.  N.  pictures  on  per- 
centage and  then,  repenting  at  leisure, 
threatened  a  boycott  against  the  com- 
pany, were  cooling  off  today  after  re- 
ceiving word  from  W.  A.  Steffes,  lo- 
cal Allied  States  leader,  that  he  would 
not  support  the  boycott  move  which 
developed  at  an  unofficial  meeting  in 
Allied  headquarters. 

Steffes  has  been  out  of  town  since 
late  last  week,  having  left  here  for 
Ann  Arbor,  Mich.,  to  attend  the 
Michigan-Minnesota  football  game 
last  Saturday.  Advised  by  wire  of 
the  meeting's  intent  to  refuse  to  play 
Warner-F.  N.  product  because,  they 
said,  the  percentage  terms  were  "ar- 
bitrary and  excessive,"  Steffes  de- 
clared that  he  would  not  support  the 
move  and  stated  that  "the  time  for 
objections  was  before  the  contracts 
had  been  signed." 

The  subject  is  slated  for  another 
airing  at  a  meeting  which  will  prob- 
ably be  held  here  Friday  when 
Steffes  returns.  Responsible  informa- 
tion holds  that  there  will  be  no  boy- 
cott. 


Frudenfeld  Shifts 
Ohio  RKO  Managers 

Cincinnati,  Nov.  22. — Changes 
made  by  Arthur  Frudenfeld,  newly 
appointed  city  manager  for  RKO  un- 
der Ike  Libson,  managing  director, 
include  appointment  of  Cliff  Boyd  as 
manager  of  the  Albee,  succeeding 
Clem  Pope,  resigned.  Boyd  was  the 
manager  of  the  Albee  when  the  house 
opened  several  years  ago  under  the 
Libson  banner.  He  has  been  manag- 
ing the  Strand,  independent  vaudefilm 
house,  opened  in  September  by  the 
recently  organized  Strand  Enterprises, 
Inc.  Before  that  he  manage^  Libson's 
Strand  at  Dayton. 

Kenneth  Means,  assistant  manager 
of  the  Paramount,  goes  to  Cleveland 
with  Nat  Holt.  Charles  Winthrop,  of 
the  division  office  publicity  depart- 
ment, succeeds  Means  at  the  Para- 
mount. 

Boyd's  successor  at  the  Strand  has 
not  been  named. 

Under  the  new  setup  Libson  will 
determine  operating  policies  and  han- 
dle bookings  instead  of  these  matters 
being  looked  after  in  New  York  as 
heretofore. 


St,  Louis  Price  War 
Grows  as  Fox  Cuts 

St.  Louis,  Nov.  22 — The  first  run 
price  war  became  more  intense  today 
when  Fox  announced  a  reduction  in 
admission  prices  would  go  into  effect 
tomorrow.  The  new  scales  are  20 
cents  for  orchestra  and  balcony  to  6 
P.M.,  35  cents  for  orchestra  and  2,000 
seats  at  25  cents  after  that  hour.  Mez- 
zanine seats  will  be  35  cents  to  6  P.M. 
and  55  cents  thereafter. 

At  a  protest  meeting  today  attended 
by  representatives  of  every  subsequent 
run  theatre  in  town  it  was  decided  to 
confine  price-slashing  to  the  Grand 
Boulevard  for  the  time  being.  The 
Ambassador  and  Loew's  State,  down- 
town first  run  houses,  also  are  tem- 
porarily standing  pat. 


Erpi  Makes  Shifts 
Of  Its  Sales  Heads 

Several  promotions  in  the  Erpi  sales 
organization  have  just  been  made. 

Harry  Dodge,  central  division  gen- 
eral manager,  becomes  general  man- 
ager of  the  western  division.  Stanley 
Hand,  northeastern  division  sales  man- 
ager, becomes  general  manager  of  the 
central  division,  succeeding  Dodge. 
Bert  Sanford,  merchandising  manager 
of  the  northwest  division,  succeeds 
Hand  as  division   sales  manager. 

Hand  has  been  with  the  company 
since  its  start  and  Dodge  and  San- 
ford joined  it  in  its  second  year. 


March  Closes  Deal 
With  20th  Century 

Hollywood,  Nov.  22  —  Fredric 
March  today  ended  speculation  as  to 
his  future  by  signing  a  long-term  con- 
tract with  Joseph  M.  Schenck  and 
20th  Century.  Darryl  Zanuck  an- 
nounced the  actor  would  be  one  of 
the  group  of  stars  around  whom  the 
company  planned  to  build  its  new 
policy  of  making  only  pictures  with 
star  casts. 


Hollywood 
Personals 


Hollywood,  Nov.  22. 

CONSTANTIN  BAKALINA- 
KOFF  has  been  signed  to  direct 
the  recording  of  all  the  melodies  in 
"Joe   Palooka"    (U.   A.-Reliance.) 

-ona  Andre  has  been  loaned  by 
P;  .'amount  to  Goldsmith  Productions 
fot  a  leading  role  in  "Taxi  Dancer." 

Wallace  Ford  and  Marguerite  de 
LA  MoTTE  have  been  engaged  for  roles 
in  "Woman's  Man"    (Monogram). 

Archie  Mayo  will  direct  Barbara 
Stanwyck  in  her  next  picture,  "Gam- 
bling Lady"    (Warners). 

Chester  Morris  has  had  his  con- 
tract renewed  for  another  year  by 
Universal. 

Gene  Fowler's  latest,  "Timber 
Line,"  has  been  acquired  by  M-G-M. 

W.  Thornton  Martin  has  sold 
"The  Gravy  Game"  to  M-G-M. 

Robert  Nathan's  "One  More 
Spring"  has  been  sold  to  Fox. 


Franklin  Not  After 
Metropolitan  Group 

(Continued  from  page  1) 
with  that  circuit  designed  as  the  nu- 
cleus of  a  large  New  York  neighbor- 
hood theatre  chain. 

"Metropolitan  Playhouses  did  sub- 
mit a  proposition  to  me,"  Franklin 
said,  "but  I  was  not  and  will  not  be 
interested  in  it.  I  am  proceeding  with 
my  own  plans  for  a  producing  and 
exhibition  organization." 


Shift  Photophone  Men 

Elmer  Grace  has  been  put  in  charge 
of  the  San  Francisco  territory  for  the 
Photophone  Division  of  the  RCA  Vic- 
tor Co.    He  replaces  M.  F.  Lowry. 

Another  change  in  the  sales  force 
is  the  appointment  of  J.  W.  Sims  to 
the  North  and  South  Carolina  terri- 
tory.    He    replaces    C.    A.    Mathews. 


A.  W.  Smith  on  the  Road 

With  all  deals  on  the  1933-34  prod- 
uct closed  in  the  east,  he  says,  A.  W. 
Smith,  in  charge  of  Warners  eastern 
and  Canadian  sales,  left  last  night  for 
a  two-week  tour  of  exchanges  which 
will  include  Cleveland,  Indianapolis. 
Cincinnati,  Detroit,  Pittsburgh,  Buf- 
falo, New  Haven,  Boston,  Philadel- 
phia and  Washington.  He  intends  to 
discuss  the  remaining  releases  on  the 
schedule. 


Cook  Joins  Preferred 

Joe  Cook,  former  production  man- 
ager for  Columbia,  has  joined  Pre- 
ferred Pictures,  Inc.,  in  a  similar 
capacity.  The  company  was  recently 
organized  by  J.  G.  Bachmann,  Joe 
Goldberg  and  David  and  Julius 
Schlein,  with  plans  for  the  production 
of  12  features  during  the  new  season, 
the  first  of  which  is  now  in  prepara- 
tion. 


Kallman  in  Mexico 

Mexico  City,  Nov.  22. — George 
Kallman,  formerly  with  M-G-M  and 
United  Artists,  is  here  as  special  rep- 
resentative for  Columbia,  handling  ex- 
ploitation on  "Damaged  Lives." 


Sam  Briskin  to  Sail 

Sam  Briskin,  Columbia  studio  man- 
ager, sails  on  the  Conte  di  Savoia 
on  Saturday  with  Mrs.  Briskin  for  a 
month's  vacation.  They  will  visit 
Italy,  France  and  England. 


**Hips,  Hips"  on  Air 

Radio  has  made  arrangements  to 
have  Paul  Whiteman  broadcast  the 
music  from  "Hips,  Hips  Hooray"  on 
the  Kraft-Phenix  hour  from  WEAK 
tonight.    It's  a  national  hookup. 


Laemmle  to  Attend  Ball 

Arriving  yesterday  from  the  coast, 
Carl  Laemmle  will  attend  the  Univer- 
sall  ball  Saturday  evening  before  leav- 
ing for  Hollywood  either  Monday  or 
Tuesday. 


MOTION  PICTURE 

DAILY 


Thursday,  November  23,   1933 


a 


Henry"  Hits 
$9,500,  Lead 
In  Pittsburgh 


Pittsburgh.  Nov.  22. — Business  all 
over  town,  with  one  exception,  hit 
another  bad  period  last  week,  the  bliz- 
zard and  subsequent  freezing  weather 
keeping  prospective  customers  indoors 
and  making  the  theatres  resemble 
meeting  places  for  sewing  bees. 

The  one  exception  was  the  Fulton, 
where  "The  Private  Life  of  Henry 
VIII"  broke  several  house  records  to 
gather  $9,500,  more  than  double  aver- 
age trade  here.  The  picture  was  the 
surprise  of  the  season,  building  every 
day  and  winding  up  stronger  than  it 
opened.  It  was  held  over  for  a  second 
week  and  may  possibly  stick  for  a 
third. 

Elsewhere,  however,  things  were 
pretty  bad.  At  the  Penn,  "The  Prize- 
lighter  and  the  Lady"  was  a  disappoint- 
ment. It  received  excellent  notices, 
but  took  only  $8,700.  At  the  Stanley, 
"Female"  was  weak  at  $7,600. 

At  the  Warner,  "After  Tonight" 
was  pulled  after  a  poor  five  days  at 
$.3,400.  although  the  Pitt,  with  "Flam- 
ing Gold"  and  vaudeville,  managed  to 
hold  up  to  $4,700  and  beat  par  by  a 
couple  of  hundred  dollars. 

Total  first  run  grosses  were  $35,900. 
Average  is  $37,000. 

Estimated  takings  for  the  week 
ending  Nov.  18: 

"AGGIE   APPLEBY,   MAKER  OF   MEN" 
(Radio) 

DAVI-S— (1,700).  25c-35c.  6  days.  Gross: 
$2,000.      (AveraRe.    $2,500.) 

"PRIVATE    LIFE   OF   HENRY   VIII" 
(U.  A.) 

FULTON— (1.750).  15c-35c.  6  days.  Gross: 
$9,500.      (Average.    $4,000.) 

"THE   PRIZEFIGHTER    AND    THE 
LADY"   (M-G-M) 

PENN— (3,300).  25c-50c.  6  days.  Gross: 
$8,700.      (Averaee.    $12,000.) 

"FLAMING  GOLD"   (Radio) 

PITT— (1,600).  15c-40c.  6  days.  Stage: 
?8t.  Clair  Sisters  and  O'Day.  Loma  Worth, 
Harry  J.  Conley,  Riglo  and  Long,  "Foot- 
liirht  Revue."  Bayes  and  Speck  and 
"Melody  Cruise."  Gross:  $4,700.  (Average, 
$4,500.) 

"FEMALE"    (Warners) 

STANLEY— (3.600).  25c-50c.  6  days. 
Gross:   $7,600.     (Average.   $9,000.) 

"AFTER  TONIGHT"  (Radio) 

WAR  NF.RS— (2.000).  25c-50c,  S  days. 
Gross:  $3,400.     (Average  for  6  days,  $5,000.) 


''Henry"  Sets  Record 

PniL.M)F.Li>HrA.  Nov.  22.  —  "The 
Private  Life  of  Henry  VIII"  broke 
the  house  record  for  the  Aldine 
recently.  Ushered  in  with  a  big 
opening  on  Thursday,  the  picture 
built  up  on  the  following  day,  record- 
ing S400  more  than  on  the  opening 
day  and  on  Saturday,  took  approxi- 
mately $3,000,  bettering  the  house 
record  of  $2,800  set  by  "The  Bowery." 


Composes  to  Order 

Hollywood,  Nov.  22. — Rem- 
iniscent of  the  sensational 
"script-a-minute"  writings  of 
the  late  Edgar  Wallace  is  the 
feat  of  Alfonse  Corelli,  musi- 
cal director  for  Educational. 
He  was  notified  that  a  special 
musical  number  was  needed 
for  next  day's  shooting.  The 
music,  an  original  composi- 
tion complete  with  arrange- 
ments and  individual  parts 
for  a  20-piece  orchestra,  was 
delivered  promptly  the  next 
day  at  9  A.  M. 


Sign  Pauline  Frederick 

Pauline  Frederick  has  been  added 
to  the  cast  of  "The  Social  Register," 
now  being  produced  by  Marshall 
Neilan  for  Associated  Film  Producers 
Corp.  at  the  Eastern  Service  Studios 
for  Columbia  release.  Colleen  Moore 
and  Charles  Winninger  are  already 
at  work  in  the  feature. 


"Parade"  $11,000 
Top  for  Montreal 

Montreal,  Nov.  22. — "Footlight 
Parade"  at  the  Palace  nosed  out  rival 
attractions,  building  up  to  $11,000. 
"I  Was  a  Spy,"  helped  by  a  stage 
presentation,  gave  the  Capitol  a  little 
better  than  average  at  $9,500,  while 
Loew's  Theatre  made  it  $10,500,  or 
par,  with  "Solitaire  Maji"  and  vaude- 
ville. 

At  the  Princess,  "Broadway  Thru 
a  Keyhole"  looked  like  a  holdover 
from  the  previous  week,  but  "Bitter 
Sweet"  took  the  screen  eventually  and 
the  take  for  the  seven  days  was 
$5,500.  Plenty  of  winter  helped  to 
keep  the  populace  at  the  fireside. 

Total  first  run  business  was  $36,500. 
Average  is  $39,000. 

Estimated  takings  for  the  week  end- 
ing  Nov.    17: 

"I    WAS    A   SPY"    (British) 

CAPITOr^(2,547).  25c-35c-50c-60c-75c,  7 
days.  Stage:  Isa  Kremer,  vocalist.  Gross: 
$9,500.    (Average,   $9,000.) 

TMPERIAI.— Musical    stage    show. 
"SOLITAIRE    MAN"    (M-G-M) 

LOEW'S— (3,115),  25c-3Sc-50e-65c-75c,  7 
days.  Stage:  Wni.  Demarest  &  Ruth  Mix; 
Steve  Evans;  Lee  Murray  &  Sinclair 
Twins;  Nellie  Arnault  &  Bros.;  Mario  & 
Lazarin;  Six  Royal  Buccaneers.  Gross: 
$10..500.    (Average,    $10,500,) 

"FOOTLIGHT    PARADE"    (Warners) 

PALACE— (2,600),  25c-35c-50c-60c-75c,  7 
days.    Gross:    $11,000.    (Average.    $11,000.) 

"BITTER   SWEET"    (U.   A.) 
"HIS   GRACE   GIVES    NOTICE"    (British) 

PRINCESS— (2,272),  25c-3Sc-50c-65c,  7 
days.    Gross:    $5,500.    (Average,    $6,000.) 


Baer  Picture 
Gets  $21,000 
In  S.  F.  Week 


99 


Smith  Gets  Warner  Job 

Pittsburgh,  Nov.  22.- — Charles 
Smith,  formerly  with  the  Mort  Shea 
interests  in  Ohio,  has  just  been  named 
manager  of  Warners'  Columbia  in 
Brookville,   Pa. 

T  Tarry  Kalmine,  zone  manager  in  the 
Pittsburgh  territory,  named  Smith 
when  C.  A.  Clinch,  for  years  the 
Columbia's  head,  resigned  to  become 
manager   of   the   Brookville   hotel. 


Cincy  Gets  French  Film 

Cincinnati,  Nov.  22. — The  first 
French  talkie  ever  to  be  shown  here 
will  be  screened  on  the  program  of 
the  Alliance  Francaise  early  next 
month.  It  is  "A  Nous  La  Liberte," 
directed  by  Rene  Clair,  who  also  pro- 
duced "Sous  Les  Toits  de  Paris"  and 
"Le  Million." 


San  Francisco.  Nov.  22. — Despite 
the  local  popularity  of  Max  Baer  and 
his  personal  appearances  on  two  days 
of  the  week,  "The  Prizefighter  and 
the  Lady"  failed  to  cause  much  of  a 
stir  here  last  week.  It  got  $21,000, 
$2,000  over  average,  but  this  figure 
was  not  nearly  as  high  as  expected. 
The  women,  who  were  expected  to 
rave  about  Max's  muscles,  didn't  turn 
out  fast  enough.  Other  houses  were 
just  so-so.  The  fourth  Market  street 
week  of  Mae  West  in  "I'm  No  Angel" 
grossed  $9,000,  considered  exceedingly 
satisfactory. 

Total  first  run  business  was  $104,- 
000.  Average  is  $107,800. 

Estimated  takings : 

Week  Ending  Nov.  14: 

"PRIVATE    LIFE    OF    HENRY    VIII" 

(U.   A.) 

COLUMBIA— (1,200),  50c-75c-$1.50,  two- 
a-day,  7  days,  2nd  week.  Gross:  $9,300. 
(Average,    $8,000,) 

"INVISIBLE    MAN"    (Univ.) 

GOLDEN  GATE— (2.800),  25c-35c-45c- 
65c.  7  days.  Stage:  Vaudeville.  Gross:  $11.- 
500.    (Average.    $13,000.) 

Week  Ending  Nov.  16: 

"TUGBOAT   ANNIE"    (M-G-M) 

EL  CAPITAN— (2.900),  10c-35c-40c,  7 
days.  Stage:  Band.  Gross:  $10,000.  (Aver- 
age,  $9,000,) 

"I'M    NO    ANGEL"     (Para.) 
EMBASSY— (1,350).     30c-40c-50c,     7    days, 
2nd    week.    Gross:    $9,000.    (Average.    $8,000.) 
"MYRT  AND  MARGE"  (Univ.) 
"SOUTH  OF  PANAMA"   (Allied) 
ORPHEUM— (3,000),     15c-3Sc-40c,   7   days. 
Rube  Wolf  band,  girls.     Gross:  $7,000,   (Av- 
erage,   $10,C00.) 
"PRIZEFIGHTER   AND   THE    LADY" 

(M-G-M) 
WARFIELD— (2.70O),     25c-35c-5.Sc-65c-90c, 
7    days.    Gross:    $21,000.     (Average.    $19,000.) 
"LADY   FOR  A  DAY"   (Col.) 
FOX— (4,600),       10c-15c-25c-35c,      7      days. 
Stage:    Ten    vaudeville   acts.    Gross:    $12,000. 
(Average.  $9,000.) 

Week  Ending  Nov.  17: 

"FOOTLIGHT     PARADE"     (Warners) 

PARAMOimT— (2.670),  25c-35c-55c-75c.  7 
days,  2nd  week.  Gross:  $12,000,  (Average. 
$12,000,) 

"STAGE  MOTHER"   (M-G-M) 

"HELL  AND    HIGH    WATER"    (Para.) 

ST.  FRANCIS— (1.450),  25c-40c-50c,  7 
davs.    Gross:    $6,000,    (Average,    $6,000.) 

"BROADWAY  THRU  A  KEYHOLE" 
(U.  A.) 

UNITED  ARTIST.S— (1,200),  2!;c-40c-50c, 
7  days,  2nd  week.  Gross:  $7,000.  (Average. 
$8  000  ) 

"ELYSIA,    VALLEY    OF     THE    NUDE" 
(Ind.) 

STRAND— (1,500).  25c-35c-40c,  7  days, 
2nd   week.     Gross:   $3,000,     (Average,  $3,000. 


"Duck  Soup' 
Des  Moines' 
Top,  $8,000 


Des  Moines,  Nov.  22.— Two  $8,000 
grosses  featured  the  takes  of  the  first 
runs  here  in  the  last  week,  the  Des 
Moines  taking  that  amount  on  "Duck 
Soup"  and  the  Paramount,  on  the  twin 
bill,  "I  Loved  a  Woman"  and  "Walls 
of  Gold." 

The  Ornheum  did  $5,000  on  the  twin 
bill,  "RigKt  to  Romance"  and  "Sing, 
Sinner,  Sing."  The  Strand  was  at 
par,  taking  $4,000  on  "Day  of  Reckon- 
ing," and  the  Garden  up  $1,000  to 
$4,000  on  "Song  of  Songs,"  returned 
by  request. 

Total  first  run  grosses  were  $29,000. 
Average  is  $24,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  18: 

"I   LOVED  A  WOMAN"   (F.N.) 
"WALLS   OF   GOLD"    (Fox) 

PARAMOUNT  —  (2,300),     10c-35c-50c,     7 
days.     Gross:    $8,000,      (Average,   $7,000.) 
"DUCK  SOUP"   (Para.) 

DES      MOINES— (2,200).      10c-35c-50c,      7 
days.     Gross:  $8,000,     (Average,  $6,000.) 
"RIGHT  TO  ROMANCE"   (Radio) 
"SING,   SINNER,   SING"    (Security) 

Orpheuni— (2,200),  10c-25c-35c,  7  days. 
Gross:    $5,000.      (Average,    $4,500.) 

"DAY   OF    RECKONING"    (M-G-M) 

STRAND— (1,900),  10c-25c-35c,  7  days. 
Gross:   $4,000.      (Average,   $4,000.) 

"THE  SONG  OF  SONGS"   (Para.) 

GARDEN— (1,300),  10c-25c-35c,  7  days. 
Gross:   $4,000.     (Average,  $3,000.) 


ii 


Joe  May  Coming 

Cherbourg,  Nov.  22. — Joe  May, 
German  director  recently  signed  by 
Columbia,  has  sailed  aboard  the 
Berengaria  for  New  York. 


Fewer  Cuts  in  Virginia 

Richmond,  Nov.  22. — There  has 
been  a  falling  off  in  censor  cuts  dur- 
ing the  past  few  weeks.  These 
reax:hed  a  record-breaking  total  dur- 
ing the  summer  and  two  or  three  fea- 
tures were  rejected  in  toto. 


Canton  Lyceum  Deal  On 

Canton,  O.,  Nov.  22. — Local  inter- 
ests a.re  understood  to  be  negotiating 
for  the  Lyceum,  former  burlesque 
house,  which  they  contemplate  convert- 
ing into  a  vaudefilm  spot  at  25  cents 
top. 

The  house  has  been  dark  for  the 
past  few  years. 


Hattiesburg  Picking  Vp 

Hattiesburg,  Miss.,  Nov.  22.  — 
Rapid  improvement  of  economic  con- 
ditions hereabouts  has  prompted 
.Sa^nger  Theatres,  Inc.  to  award  con- 
tracts for  the  renovation  and  refitting 
of  the  Lomo  which  has  been  closed 
for  the  last  five  years. 


Neufeld  Joins  Roach 

Hollywood,  Nov,  22, — Henry  Gins- 
berg has  signed  Sig  Neufeld,  former 
production  manager  for  Stern  Broth- 
ers in  the  old  silent  days,  as  head  of 
the  Roach  story  department. 


Journey,"  Show, 
$10,750  in  Omaha 


Omaha,  Nov.  22. — "One  Man's 
Journey,"  aided  by  the  "Strike  Me 
Pink,"  staged  tab,  ran  away  with  top 
honors  here  last  week.  The  gross  was 
$10,750,  over  par  by  $4,250. 

"Footlight  Parade"  was  also  strong 
at  $9,000  at  the  Paramount.  This  was 
up  by  $1,500.  Both  the  World  and 
Orpheum  were  weak.  The  former  had 
a  dual  bill  consisting  of  "Tillie  and 
Gus"  and  "Solitaire  Man"  and  the 
latter  had  "Female"  and  "Day  of 
Reckoning." 

Heavy  competition  was  furnished 
by  the  annual  Ak-Sar-Ben  stock  and 
horse  show  which  played  to  more  than 
50,000. 

Total  first  run  business  was  $29,750. 
Average  is  $27,350. 

Estimated  takings : 

Week  Ending  Nov.  15: 

"FOOTLIGHT     PARADE"     (Warners) 

PARAMOUNT— (2,900).  25c-35c-.50c,  7 
days.    Gross:     $9,000,     (Average,    $7,-500.) 

Week  Ending  Nov.  16: 
"ONE    MAN'S    JOURNEY"    (Radio) 

BRANDEIS— (1,750),  2.5c-35c-50c,  7  days. 
Stage:  "Strike  Me  T'lnk."  Gross:  $10,750. 
(Average,    $6,500. 

"TILLIE     AND     GUS"     (Para.) 
"SOLITAIRE    MAN"    (M-G-M) 
WORLD— (2.200),    25c-35c,    7   davs.    Gross: 
$4,500.    (Average,    $5.8.50.) 

Week  Ending  Nov.  17: 

"FEMALE"     (Warners) 
"DAY   OF   RECKONING"    (M-G-M) 

ORPHEITM- (3,000),  25c-3.5c-40c,  7  days. 
Gross:    $6,500.    (Average,    $7,500,) 


Names  Mrs.  Walton 

Memphis,  Nov.  22. — Mrs,  Anna 
Walton  was  unanimously  elected  sec- 
retary of  the  M.  P.  T.  O.  of  Arkan- 
sas, Mississippi  and  Tennessee  at  the 
23rd  semi-annual  convention. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Failhfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  123 


NEW  YORK,  FRIDAY,  NOVEMBER  24,  1933 


TEN  CENTS 


Fox  Relates 
Tale  of  Loss 
Of  Companies 

Appealed  to  Hoover  and 
L.  B.  Mayer,  He  Says 

Washington,  Nov.  23. — William 
Fox  took  the  stand  before  the  Senate 
stock  market  investigating  committee 
today  to  unravel  the  threads  he  held 
in  the  tangled  skein  of  finajicial  events 
leading  up  to  his  loss  of  control  over 
the  Fox  Film  and  Fox  Theatre  Corps. 
in  the  hectic  months  following  the 
market  collapse  of  1929. 

It  was  an  absorbing  story  in  which 
he  mentioned  names  high  in  politics 
as  well  as  finance.  The  bitterness 
which  he  has  cherished  since  the  day 
he  stepped  into  retirement  crept  into 
his  testimony  when  he  said  he  was 
"forced  into  a  contract  of  sale  under 
duress." 

He  sold  for  $15,000,000  "and  other 
considerations,"  he  told  the  commit- 
,  tee. 

Tracing    the    swift    development    of 

his    film    empire    from    the    days    in 

1928  when  he  secured  virtual  control 

of  Loew's,  Inc.,  with  the  banking  aid 

(Continued  on  pane  7) 


Saul  E,  Rogers  Now 
Attorney  for  Clarke 

Washington,  Nov.  23. — Saul  E. 
Rogers,  long  vice-president  and  gen- 
eral counsel  of  Fox  Film  Corp.  in 
the  days  when  William  Fox  was  in 
control,  has  been  retained  by  Harley 
L.  Clarke  as  his  attorney  in  the  pro- 
ceedings before  the  Senate  committee 
investigating  stock  market  and  bank- 
ing problems.  He  was  present  to- 
day during  the  testimony  of  Fox. 


Operator  Charges 
Delayed  for  Code 

Complaint  by  two  operators,  mem- 
bers of  Local  306,  to  the  local  com- 
pliance board  of  the  NRA  that  nine 
theatres  in  the  metropolitan  area  were 
not  living  up  to  the  Administration's 
recent  ruling  on  working  hours  for 
union  labor  was  heard  yesterday 
(.Continued  on  page  7) 


t< 


Women,"  $109,000, 
Music  Hall  Record 

Breaking  all  records  for  the  house, 
"Little  Women"  garnered  $109,000 
for  the  first  week  at  the  Music  Hall. 
Next  highest  gross  was  $107,761  with 
"Cavalcade"  for  the  week  ending 
(Continued  on  page  7) 


Code  at  Atlanta  with  Johnson; 

To  Go  Before  President  Today 

Washington,  Nov.  23. — All  set  for  submission  to  the  President  at 
Warm  Springs,  Ga.,  tomorrow,  the  film  code  tonight  was  in  At- 
lanta with  Recovery  Administrator  Hugh  S.  Johnson.  Whether  it 
will  be  signed  immediately  is  a  question  officials  of  the  Administra- 
tion in  Washington  could  not  answer  tonight. 


Columbia  Net 
For  Quarter 
Is  $241,778 


Columbus  reports  a  profit  of  $241,- 
778.63  for  the  quarter  ending  Sept. 
30  after  all  charges,  preferred  divi- 
dends and  provision  for  Federal  in- 
come tax.  This  is  equal  to  $1.36  per 
share  on  the  outstanding  common 
stock  and  compares  with  a  profit  of 
$220,027,98,  or  $1.23  per  common 
share,   for   the   same   quarter   in    1932. 

The  company's  consolidated  balance 
sheet  as  of  Sept.  30  shows  current 
assets  of  $6,668,942.67,  against  which 
there  are  total  liabilities  of  $2,069,- 
196.49,  leaving  an  earned  surplus  of 
$2,212,771.46.  Cash  on  hand  totals 
$960,224.96,  including  $200,000  in  U. 
S.    Treasury    certificates. 

Substantial  increases  in  foreign  re- 
turns are  reported,  due  to  exchange 
shifts. 


Dowd  Made  Ad  Head 
Of  the  RKO  Circuit 

In  line  with  the  company  policy, 
RKO  has  promoted  John  A.  Dowd  to 
the  post  of  advertising  and  publicity 
head  of  the  circuit.  He  succeeds  A. 
P.  Waxman,  who  recently  resigned. 
(Continued  on  page  7) 


Paramount  to 
Get  Refund  of 
$7,276,394 


Washington,  Nov.  23. — Over  as- 
sessments of  income  tax  and  interest 
totalling  $7,276,394  in  favor  of  Fa- 
mous Players  Lasky  Corp.  and  sub- 
sidiaries, now  Paramount  Publix, 
were  announced  today  by  the  Inter- 
nal Revenue  Bureau. 

More  than  $7,200,000  represents  over 
assessments  in  1929  returns  of  $216,- 
465  for  Paramount  Famous  Lasky  and 
$465,863.24  for  each  of  15  subsidia- 
ries, including  the  A.  H.  Blank  The- 
atre Corp.,  A.  H.  Blank  Theatre  Co. 
of  Nebraska,  Connecticut  Operating 
Co.,  Imperial  Theatre  Co.,  Mountain 
States  Theatre  Corp.,  Olympia  Oper- 
ating Co.,  Olympia  Theatres,  Publix 
Enterprises,  Publix-Iowa,  Publix-Ne- 
braska,     Publix-O'hio,    Rhode    Island 

(Continued  on  page  7) 


Para.  May  Produce 
At  Eastern  Studio 

Whether  "She  Loves  Me  Not," 
stage  play  which  opened  Monday 
night  at  Chanin's  46th  St.  Theatre, 
and  which  has  been  purchased  by 
Paramount,  will  be  made  in  the  east 
or  on  the  west  coast  has  not  yet  been 

(Continued  on  page  7) 


Milestone  Says  Russia 

Is  Being  Americanized 


Russia  is  showing  a  marked  ten- 
dency toward  Americanization,  de- 
clares Lewis  Milestone.  He  predicts 
this  process  will  be  accelerated  by 
recognition.  Whether  it  will  result  in 
the  importation  of  American  films 
or   not,  he  would  not   say,  however. 

Milestone  has  just  returned  from 
a  tour  of  Russia,  his  native  country, 
made  for  the  purpose  of  studying 
background  for  "Red  Square,"  which 
he  will  produce  for  Columbia  on  a 
percentage  arrangement.     His  observ- 


ations cover  many  phases  of  Russian 
life  and  include  a  prediction  that 
travel  between  the  two  countries  will 
be  made  easier,  because  it  will  be 
possible  to  go  from  Broadway  to 
Leningrad    for    $80. 

"Russia  is  the  one  place  in  the 
world  where  one  can  'find  something 
new,'  "  he  says.  "Changes  take  place 
there  so  rapidly  it  is  impossible  to 
keep  up  with  them.  Everything  is 
different  today  from  the  situation 
(Continued  on  page  7) 


Regional  Dual 
Fight  Planned 
In  Wisconsin 


MPTO  Adopts  Scheme- 
To  Ask  Aid  of  Exchanges 


By  RED  KANN 

Milwaukee,  Nov.  23. — Declaring 
double  features  an  uneconomic  prac- 
tice, the  M.  P.  T.  O.  of  Wisconsin, 
in  the  final  convention  session  today, 
voted  to  rout  out  the  practice  through 
the  establishment  of  regional  districts, 
and  coupled  with  that  plan  a  move 
seeking  the  cooperation  of  distribu- 
tors to  set  back  release  dates  to  six 
months  or  beyond  for  the  purpose  of 
discouraging  twin  bills  with  those  ex- 
hibitors  who   insist   on   playing  them. 

Cooperation  of  distributors  is  essen- 
tial to  the  success  of  the  proposed  plan, 
but  in  view  of  the  fact  that  most 
major  distributors,  barring  Universal 
and  Columbia,  made  opposition  to 
duals  clear  all  through  the  Washing- 
ton code  developments  the  inference 
is  that  Milwaukee  exchanges  may 
play  along  with  this  idea,  which  rep- 
resents a  new  method  of  disposing  of 
double  features. 

Admitting  it  cannot  compel  exhibi- 
tors to  drop  duals,  if  contrary-mind- 
ed, Fred  S.  Meyer,  who  today  was 
reelected  president  of  the  state  unit 
for  the  third  year,  pointed  out  de- 
layed release  dates  will  prove  a  com- 
pellingly  significant  factor  in  the  suc- 
cess of  the  scheme,  if  exchanges  go 
along.  The  regions  into  which  Wis- 
(Continued  on  page  6) 


Iowa-Nebraska  Unit 
To  Keep  L,  F,  Martin 

Des  Moines,  Nov.  23. — Allied  of 
Iowa  and  Nebraska  has  refused  to 
accept  the  resignation  of  Lester  F. 
Martin  as  secretary  and  treasurer.  It 
was  tendered  after  Abram  F.  Myers 
had  notified  Martin  that  he  had  been 
removed  from  the  board  of  directors 
of  Allied  States  and  the  Iowa  and 
Nebraska  unit  had  been  dropped  from 
national  affiliation. 

The  unit  has  decided  to  continue 
as  an  independent  and  Clifford  Niles 
has  written  to  Myers  informing  him 
of  the   organization's   stand. 


Replacing  Tracy  to 
Cost  M-G-M  Heavily 

Hollywood,  Nov.  23. — Louis  B. 
Mayer's  decision  to  cancel  Lee  Tracy's 
contract  after  sending  a  telegram  to 
President  Abelardo  Rodriguez  of 
Mexico  apologizing  for  what  was 
(Continued  on  page  7) 


MOTION  PICTURE 

DAILY 


Friday,  November  24,   1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   Office) 


Vol.   34 


November  24,    1933 


No.    123 


I'fii;;:'!";;!'! 


I 


Martin    Quigley 
Editor-in-Chief   and   Publisher 

MAURICE    KANN 

Editor 

JAMES  A.  CRON 

Advertising    Manager 


Published  daily  e.xcept  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin Ouigley,  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  1933  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro,  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau;  Viale 
Gorizia,  Vittorio  Malpassvti.  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  Jam^s  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hcvesi, 
Representative. 

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. 


Miss  Henry  to  Tour 

Paramount  is  set  on  building  up  a 
new  list  of  players  whose  possibilities 
point  to  stardom  in  the  near  future. 
Among  the  list  is  Charlotte  Henry, 
Brooklyn  girl,  recently  signed  for 
"Alice  in  Wonderland."  Miss  Henry 
shortly  leaves  on  a  personal  appear- 
ajice  tour  with  the  picture  as  a  pre- 
liminary build-up.  The  studio  is  now 
looking  for  a  suitable  vehicle  for  the 
newcomer's  second  film  role. 


Sam  Harris  Goes  Film 

The  Sam  IT.  Harris  Theatre  has 
switched  from  legitimate  to  pictures. 
Showings  will  be  continuous  from  8 
A.  M.  to  2:30  A.  M.  at  popular 
prices,  with  program  changed  Mon- 
day, Wednesday  and  Friday.  The 
house  has  been  renovated  and  new 
sound   equipment   installed. 


James  M.  Brennan  Dead 

James  ^r.  Brennan,  60,  Jersey  City 
theatre  builder  and  operator,  is  dead 
at  his  home  there  as  the  result  of  a 
heart  attack.  He  was  owner  of  three 
houses  in  Jersey  City— the  Orpheum, 
Monticello  and   Majestic. 


Knohle  Gets  Peekskill 

Ben  Knoble  has  added  the  Peekskill, 
Peekskill,  N.  Y.,  to  his  local  circuit, 
which  includes  theatres  in  Irvington, 
N.  Y. ;  Poughkeepsie,  Mt.  Vernon  and 
Brooklyn. 


M-G-M  Signs  Felix 

Hollywood,  Nov.  23. — As  a  result 
of  his  work  on  "Dancing  Lady,"  Sey- 
mour Felix,  dance  director,  has  signed 
a  long-term   contract  at    M-G-M. 


The  GhouV 


(Gaumoiit-British) 

Add  Boris  Karlofif's  latest  to  the  list  of  horror  pictures  that  make  the 
hair  stand  on  end.  It  is  fantastic,  gruesome  at  times,  and  even  moribund 
towards  the  end.  Acting  all  around  is  topnotch  and  the  photography  and 
settings  round  out  a  swell  contribution  for  thrill-seekers. 

Believing  that  a  precious  jewel  belonging  to  the  Egyptians  and  for 
which  he  has  paid  75,000  pounds  will  bring  him  eternal  life  after 
he  has  passed  from  this  world,  Karlofif  has  his  servant,  Ernest  Thesiger, 
tape  it  in  his  fist.  There  are  many  after  the  priceless  jewel,  among 
them  the  servant,  who  steals  it  after  his  master  is  dead.  Karloff  comes 
back  to  life  and  stalks  through  his  mansion  terrorizing  his  lawyer,  niece, 
nephew,  minister,  and  others  in  the  place.  He  kills  a  few  of  the  specta- 
tors before  he  himself  is  murdered  by  the  Egyptian  idol. 

The  story  does  one  good  deed  in  that  it  brings  together  Anthony 
Bushell  and  Dorothy  Hyson.  Cousins  on  the  outs  because  of  a  family 
rift,  both  forget  the  past  in  their  excitement  at  their  uncle's  house. 


Radio  Closes  Deal 
For  South  America 

Radio  will  be  assured  of  wide  dis- 
tribution of  its  product  in  the  South 
American  market  through  a  deal  just 
closed  by  Phil  Reisman  with  Ma.x 
(llucksman,  distributor  and  owner  of 
a  South  American  circuit,  for  the 
company's  entire  1933-34  list.  Besides 
52  features  the  deal  involves  Radio's 
complete  two-reel  comedy  line-up  and 
Pathe    News. 


George  Johnson  a  Dad 

Hollywood,  Nov.  23.  —  George 
Johnson  of  M-G-M's  local  publicity 
department  is  passing  out  the  cigars 
due  to  the  arrival  of  an  eight- 
pound  boy,  born  to  Mrs.  Johnson  at 
the   Monte  Sano  Hospital. 


Baez  in  From  Brazil 

Enrique  Baez,  general  manager  for 
United  Artists  in  Brazil,  arrived  in 
town  yesterday  aboard  the  Pan 
America  for  conferences  on  the  new 
season's  product.  He  will  be  here  six 
weeks. 


''Buried  Alive'*  New  Title 

"Buried  Alive"  is  the  new  title  of 
"It's  a  Wise  Wife,"  which  Arthur 
Hopkins  produced  independently  for 
Paramount. 


E,  M.  Saunders  Says 
Midwest  Picking  Up 

Milwaukee,  Nov.  23.— E.  M. 
Saunders,  western  sales  manager  for 
M-G-M,  spent  the  day  here,  arriving 
from  Minneapolis  and  leaving  for 
New  York  tonight  on  a  final  swing  of 
a  midwestern  trip.  He  reports  busi- 
ness improving  on  the  whole  in  the 
St.  Louis,  Denver,  Kansas  City  and 
MinneapoHs  territories. 

Moe  Silver  today  went  into  session 
on  Warner  Wisconsin  theatre  opera- 
tions  with   David  Weshner. 


Fox  to  Build  Mundin 

Hollywood,  Nov.  23.— Because  of 
letters  from  theatre  men,  Fox  execu- 
tives are  planning  to  build  Herbert 
Mundin  to  starring  comedy   roles. 

The  first  step  along  this  path 
was  to  enlarge  Mundin's  role  in  "Heir 
to  the  Hoorah"  in  which  he  will  get 
equal  billing  with  George  O'Brien. 


Schmidt  Joining  Loew's 

Art  Schmidt,  former  advertising 
director  of  the  Publix-Kunsky  houses 
in  Detroit,  joins  the  publicity  depart- 
ment of  Loew's  Theatres  here  Mon- 
day as  assistant  to  Ernie  Emerling. 
Another  addition  to  the  staff  is  Perry 
Spencer,  who  will  do  publicity  for 
Loew   houses   in   the   Bronx. 


Warner  Down  1%  as  Stocks  Recede 

Net 

^  ,       ,  .      „.  ^  ^  iHigh  Low  Close  Change 

Columbia  Pictures,  vtc 28  26!^  27'^  +  l^ 

Consolidated   Film  Industries,   pfd 91/^         91^  91/  —V 

Eastman    Kodak    79.54  76?4  76M.  -I/2 

I- ox    Film    "A" ,4  13J4  1354  -  U, 

Loews,    Inc... 30^4  29  30  -  Yi 

Paramount   Pubhx   ij^  ^y  jr/  _  fl 

Pathe    Exchange    2  lH  2  +  V, 

Pathe    Exchange   "A" nj^  ^Q'A  W/z  Z.  . 

^O 2J4         254  254  

Warner    Bros gi^  ^y  ^j2  _  i^ 

Warner  Bros.,  pfd ig^  18^  WA  -lH 

Technicolor  Takes  a  %  Loss 

Net 
_,     ,    .     ,  High      Low      Close      Change 

Technicolor  ]^         j,/^         j^       _  y^ 

^'"^"''  I-""  m     m     m    +  ^ 

Loew  Bonds  Rise  as  Others  Drop 

Net 

r-  1   Tu     .       T-      •  ,     ,.  High  Low  Close  Chemge 

General  Theatre  Equipment  6s   '40 35/         31/         -ii/,       _  ix 

Keith    B.    F.   6s   '46 45^'  45  '        ^Y 

Loew's  6s   Ml,  WW  deb  rights 81  80^       80^        '-i-'y^ 

Paramount    F.    L.    6s   '47 o'^Vi  225/4        22S/^        —13^ 

Paramount    Publix    5'/.s    'SO ...:..:..:...:.'.:.  2/^  24  24 

Warner    Bros.    6s    '39,    wd 40^.^  40  40  —  Vk 


Sales 

3,200 

700 

1,300 

500 

400 

2,000 

1.700 

1,700 

200 

4,900 

100 


Sales 

100 
200 


Sales 

3 
3 
4 
2 
1 
33 


i  Purely 
Personal  ► 


STOOPNAGLE  and  Budd,  when 
they  get  back  from  their  personal 
appearance  tour  next  week,  will  begin 
rehearsals  on  their  first  comedy  to  be 
produced  by  Al  Christie  here  for 
Educational. 

Joe  Henabery  will  start  direction 
today  on  a  "Pepper  Pot"  novelty  fea- 
turing Sigmund  Spaeth,  at  the  Vita- 
phone  studio.  Betty  Kean  and  Jack 
Reese,  dance  team,  will  support 
Spaeth. 

Sarita  Romero,  Brandon  Peters 
and  Norma  Taylor  are  in  the  cast  of 
the  Coronet  Comedy  Charles  Judels 
and  Tom  Patricola  are  making  for 
Educational  at   Eastern   Service. 

Felix  Feist,  Tom  Connors,  J.  J. 
Unger,  Milt  Kusell,  Herman 
Gluckman,  E.  H.  Goldstein  and 
Max  Weisfelt  among  Sardi  patrons 
yesterday. 

Roy     Mack     will  start     another 

"Broadway    Brevity"  for    Vitaphone 

tomorrow.     Dorothy  Stone   will  be 
featured. 

Edgar  Bergen,  ventriloquist,  will 
be  featured  in  another  Vitaphone 
short  about  Dec.  2,  under  direction  of 
Joe  Henabery. 

Jack  White  starts  shooting  today 
on  his  third  comedy  for  Educational 
at  the  Eastern  Service  studio  in  As- 
toria. 

Ben  Blue  has  completed  work  on 
his  third  short  at  the  Vitaphone  plant 
in    Brooklyn. 

Paul  Muni,  accompanied  by  the 
missus,  is  expected  soon  on  a  visit 
here. 

Eddie  Cantor  returns  today  from 
Warm  Springs,  Ga.,  and  a  visit  to  the 
President. 

Wera  Engels,  Radio  star,  is  in 
town.    At  the  Lombardy. 

Howard  S.  Cullman  returns  today 
from  Washington. 

L.  J.  Schlaifer  has  returned  from 
a  quick  trip  to  the  Windy  City. 

Sam  Katz  yesterday  visited  Loew 
headquarters. 

Jacob  Wilk  is  planning  to  leave 
for  the  coast  this  week. 


March  Starts  Feb.  1 

Hollywood,  Nov.  23.  —  Fredric 
March,  it  was  learned  today,  will  be- 
gin work  under  the  long  term  con- 
tract he  signed  with  20th  Century 
yesterday  on  Feb.  1.  He  will  be  free 
to  make  a  picture  for  any  other  com- 
pany  before   that   time. 


Luhitsch  Going  to  Coast 


i 


Ernst  Lubitsch  leaves  for  the  coast 
tomorrow.  He  has  not  yet  decided  on 
his  next  picture.  Negotiations  with 
M-G-M  to  direct  "The  Merry 
Widow"  will  be  continued  on  the 
coast. 


I 


NEWS 
OF  THE  WEEK 
IN  PHOTO- 
REVIEW 


IMPORTANT  ADDITION  to  Warner  studio 
is  new  writers'  building,  to  house  30  scen- 
arists on  'coast's  lai"gest  contract  list.' 


WANDA  HALE 
HAILS  'Havana 
Widows'  as  'Hil- 
arious —  riotious 
—  up  -  roarious ! ' 
in  N.  Y.  Daily 
News  rave  for 
Warners'  new  6- 
comic  show.** 


FOOTLIGHT 
>^  P  ARiiDE 


BOSTON'S  BEST 

BIZ  goes  to  Chat- 
terton's 'Female' 
at  Met,  in  M.  P. 
Daily  check  -  up 
3f  week's  gross 
leaders.  ° 


'A  ROYAL  WELCOME'  says  Variety  in 
report  of  'excellent  biz'  in  Baltimore, 
Chicago  and  Washington  for  Paul  Muni's 
'The  World  Changes. '° 

*A  Warner  Bros.  Picture     °A  First  Nafiono/  Picture      Vitagraph,  Inc.,  Distributon 


it  cutouts 
featured  campaign 
that  added  Sioux 
City  to  the  82%  of 
'Footlight.  Parade' 
dates  which  have 
topped  Gold 
Diggers.'* 


WHEREVER  A  HUMAN  HEART  BEAT 


NEW  YORK 

CITY  OF  7,000,000 

THE  SEVENTH  DAY 
GREATER  THAN  THE 
FIRST.. .AND  THAT 
BROKE  RECORDS  AT 
RADIO  CITY. . . 


Thursday .  . 
Friday  .  .  . 
Saturday.  . 
Sunday  .  . 
Monday  .  . 
Tuesday  .  . 
Wednesday 


November  16, 
November  U, 
November  18, 
November  19, 
November  20, 
November  21, 
November  22, 


23,073 
23,033 
28,354 
22,915 
21,561 
23,148 
23,761 


^ 


^'W^' 


% 

M 


165,845  PEOPLE 

In   A  Single  Week! . . .  Eye-Staggering  Figures! 
and  Continuing  Indefinitely  At  Radio  City! 


KATHARINE    HEPBURN   in  ''LITTLE  WOMEN'' 

by  LOUISA  MAY  ALCOTT...with  JOAN  BENNETT. .PAUL  LUKAS.. 
FRANCES  DEE  . .  JEAN  PARKER  . .  EDNA  MAY  OLIVER  . .  Douglass 
Montgomery  . .  Henry  Stephenson  . .  Directed  by  GEORGE  CUKOR 
MERIAN  C.  COOPER,  Executive  Producer ..  Kenneth  Macgowan,  Associate 


. .  THE  ANSWER  IS  THE  SAME! 


SALEM,  VA. 

OWN   OF   5,000 


SI( 


"^"^  or  Service 


122S 


HE24    ,24    DL    ITT^^^^^^^SSarS 
NFn    r  '       '^^LEM    v/R    MOW    .,.^       "-— ""■""..SS 


ter 


"^'^  ^H.  r„,Ro  „.,  „        ^'"""^^o^^OR.no^. 

""   f'^Y   DUTY   Tn         '         ''  "'*'    '^'■^!^TY   YEAR^    , 

'"""«"»  ™kav„„™,,„  759P  Y 

«masM  iNo  suo(;est7„«, 


MOTION  PICTURE 

DAILY 


Friday,  November  24,    1933 


Regional  Dual 
Fight  Planned 
In  Wisconsin 


(Continued  from  page  1) 

consin  will  be  divided  is  a  job  for 
determination  by  the  board  of  direc- 
tors, which,  for  the  ensuing  year, 
jumps  from  18  to  21.  Planned,  as 
well,  is  the  appointment  of  regional 
vice-presidents  to  watch  and  enforce 
the  double  feature  elimination  pro- 
gram. 

Oppose  Suggestive  Ads. 

As  forecast  in  the  Motion  Picture 
Daily,  the  Wisconsin  unit  went  on 
record  in  strong  opposition  to  sala- 
cious advertising  in  any  form.  It 
also  voted  for  rigorous  enforcement 
of  the  Hays  morality  code,  also  to 
support  the  NRA  and  any  code  which 
may  be  enacted  for  the  industry, 
thereby  making  it  clear  the  organiza- 
tion was  not  necessarily  in  accord 
with  code  forms  so  far  advanced. 

President  Roosevelt  and  Adminis- 
trator Hugh  S.  Johnson  will  be  in- 
formed of  the  organization's  action 
by  telegrap'h. 

The  music  tax  of  10  cents  per  seat 
under  the  present  copyright  law  was 
frowned  upon  by  the  organization,  as 
forecast,  and  a  decision  was  made 
to  fight  it  through  the  national 
M.P.T.O.A. 

Concerned  over  non-theatrical  com- 
petition, Meyer's  suggestion  that  the 
M.P.T.O.A.  be  the  last  word  in  de- 
termining what  is  or  what  is  not  com- 
petition of  that  type  was  adopted,  and 
exchanges  will  be  advised  non-theat- 
rical accounts  must  be  handled  ac- 
cording to  this   mandate. 

Meyer   Scores    Victory 

Meyer  scored  another  victory,  as 
did  Jack  Miller's  blast  on  Wednesday 
against  ineffectual  exhibitor  organi- 
zations, when  the  Wisconsin  unit 
voted  to  increase  membership  dues 
^om  five  to  10  centd  per  seat.  A  chetk 
of  the  financial  committee  showed  137 
paid-up  members,  but  Meyer  pointed 
out  this  would  be  all  right  with  him 
if  the  total  were  only  15. 

"Those  15  would  be  active,  paying 
members  and  nobody  else  would  get 
any  consideration.  This  is  one  ex- 
hibitor unit  which  will  exist  because 
its  membership  is  interested  enough  to 
support  it,"  he  said. 

The  by-laws  were  amended  to  per- 
mit exchange  and  union  men  to  hold 
office  as  against  former  conditions 
under  which  they  could  not. 

Kext  year's  convention  will  not 
be  held  in  Milwaukee,  but  at  some 
mid-state  point  more  convenient  and 
less  expensive  for  members  to  reach. 

Roster  Setup  Changed 

Changes  in  the  ofificial  roster  in- 
cluded the  election  of  Jack  Silliman  of 
Appleton  as  vice-president,  succeed- 
ing A.  C.  Gutenberg  of  Milwaukee. 
W.  L.  Ainsworth  of  Fond  du  Lac  and 
Ernest  Langemack  of  Milwaukee 
were  re-elected  secretary  and  treas- 
urer, respectively.  H.  S.  Gallup  of 
Marquette,  Mich.,  George  Huebner  of 
Oconomowoc  and  Max  Krofta  of 
Racine  were  dropped  as  directors,  but 
the  following  were  reelected :  Ains- 
worth, A.  C.  Berkholtz,  West  Bend ; 
H.  C.  Buchanan,  Superior;  Frank 
Koppelberger,    LaCrosse;    Martin 


Thomas,  Iron  ^lountain,  Mich.;  L.  F. 
Thurwachter,  Waukesha,  and  tlie  fol- 
lowing from  Alilwaukee  —  Earl  and 
George  Fischer,  H.  F.  Fitzgerald, 
J.  S.  Grauman,  Gutenberg,  Lange- 
mack, Paul  Lengheinrich,  Jr.,  Meyer 
and  David  E.  Weshner.  New  direc- 
tors are :  William  Roob,  Port  Wash- 
ington ;  Robert  Guiterman,  Manito- 
woc ;  Silliman,  .Appleton ;  Ross  Bald- 
win, A.  D.  Kvool  and  Johnny  Jones, 
the   latter   three   from   Milwaukee. 

The  Wisconsin  meetings  carried 
many  national  convention  aspects, 
and  from  several  angles  turned  out 
to  be  a  personal  tribute  to  Meyer. 

Deputy  NRA  Administrator  Sol  A. 
Rosenblatt,  at  the  dinner  Wednesday 
night,  paid  the  Wisconsin  president 
a  high  compliment  when  describing 
him  as  one  of  the  real  exhibitor  lead- 
ers of  the  nation. 

Meyer  actually  was  not  anxious  for 
reelection  to  the  state  presidency, 
but  what  Wisconsin  M.P.T.O.  men 
thought  of  him  was  evidenced  by  the 
fact  that  nominations  opened  and 
closed  with  his  name. 


Rebuilding  Started 
On  Virginia  Houses 

Richmond,  Nov.  23. — Reconstruc- 
tion of  a  number  of  theatres  in  Vir- 
ginia shore  towns  damaged  in  storms 
of  recent  months  is  under  way  and  an 
air  of  optimism  is  becoming  apparent 
among  exhibitors. 

The  NRA  is  credited  with  much  of 
the  recent  improvement,  and  the 
prospect  that  the  state  will  receive 
$35,000,000  for  public  works  projects 
during  the  winter  is  viewed  as  another 
hopeful  sign. 


Ann  Harding  Given 
Role  in  ''Alien  Corn" 

Hollywood,  Nov.  23. — "Alien 
Corn,"  which  Radio  purchased  from 
E.  H.  Griffith,  who  bought  it  from 
Paramount,  will  top  spot  Ann  Hard- 
ing and  not  Katharine  Hepburn  as 
rejxjrted   earlier. 

Griffith  draws  the  directional  as- 
signment  on  the   picture. 


London  Plant  Has  3  More 

London,  Nov.  23. — With  "Cath- 
erine the  Great,"  starring  Douglas 
Fairbanks,  Jr.,  out  of  the  way,  the 
London  Film  Productions  studio  has 
three  more  to  go  in  its  schedule  of 
five  pictures,  all  of  which  are  for 
U.  A.  release.  "The  Private  Life  of 
Henry  VIII"  was  the  first.  "Exit 
Don  Juan,"  with  Douglas  Fairbanks, 
Sr.,  is  now  in  preparation.  This  will 
be  followed  by  "Zorro  Rides  Again," 
in  which  Doug,  Jr.,  and  Doug,  Sr., 
will  be  starred,  and  "Congo  Raid." 


lATSE  Blocked  in  K.C. 

Kansas  City,  Nov.  23.— I.A.T. 
S.E.  operators'  local  here  has  been 
restrained  by  a  temporary  injunction 
from  interfering  with  the  operation 
of  the  surburban  Sun  Theatre.  The 
injunction  will  be  in  force  until 
further  order  of  Circuit  Court  and 
replaces  the  restraining  order  re- 
cently issued  following  the  release  of 
stench   bombs   in   the   house. 


"Be  Mine''  on  19  Weeks 

Rochester,  Nov.  23.— "Be  Mine 
Tonight"  has  just  closed  after  a  run 
of  19  weeks  at  the  Little  Theatre. 
This  is  a  record  for  this  town. 


U.  A.  After  Talent 

Addition  of  the  Four  Marx 
Brothers  and  Fredric  March 
to  the  United  Artists  roster 
is  the  forerunner  of  a  list  of 
new  personalities  which  will 
grace  the  company's  line-up 
next  season.  Several  other 
deals  involving  a  number  of 
players  are  under  way  and  ex- 
pected to  be  closed  shortly. 


Six  Star  Headliners 
Entertain  the  AMP  A 

Al  Christie,  Ernest  Truex,  How- 
ard Smith,  Ona  Munson,  Stanley 
Smith  and  Gary  Cooper  yesterday  en- 
tertained members  of  the  A.  M.  P.  A. 
at  the  weekly  meeting.  Christie  told  of 
his  experiences  when  he  started  pro- 
duction work  in  Staten  Island  and 
later  invaded  Hollywood  22  years 
ago.  Truex  related  his  experiences 
in  making  "The  Warrior's  Husband" 
and  said  he  would  go  on  the  air  next 
Tuesday  for  the  first  time. 

Howard  Smith  said  all  story  selec- 
tions for  20th  Century  are  made  with 
an  eye  on  exploitation,  advertising 
and  publicity  possibilities.  Miss  Mun- 
son and  Stanley  Smith  sang  "Peanuts 
and  Kisses"  while  Gary  Cooper  was 
content  to  acknowledge  the  invitation 
in  a  few  words. 

Exactly  $53.50  was  collected  for 
the  Film  Daily  Relief  Fund.  The 
next  meeting  will  be  held  on  Wed- 
nesday and  a  turkey  will  be  presented 
to  one  of  the  men.  Paul  Whiteman 
will  also  appear. 


FWC  Inter  mountain 
Contest  Is  Closed 

Denver,  Nov.  23. — ^The  "New  Show 
Year"  contest,  run  off  between  man- 
agers in  the  Intermountain  Division 
of  F.  W.  C,  produced  excellent  re- 
sults at  a  cost  of  about  $25  a  theatre. 

Practically  all  of  the  houses  showed 
a  profit  during  the  campaign.  One  of 
the  rules  was  that  future  salaries  of 
all  managers  would  be  set  according 
to  results  produced  in  the  contest,  and 
as  a  result  some  salaries  were  raised 
and  only  a  few  were  cut. 

The  prize  winners  and  the  amounts 
won  are:  Harry  Moore,  Egyptian, 
Delta,  Col.,  $250;  E.  C.  0'Kee;fe, 
Babcock,  Billings,  Mont.,  $150;  George 
Paper,  Longmont,  Longmont,  Col., 
$100;  Don  Sheedy,  Rio  Grande,  Las 
Cruces,  N.  M. ;  William  Powers,  Jr., 
West,  Trinidad,  Col.;  Fred  Bezold, 
Lotus,  Sheridan,  Wyo.,  and  Ed  Mar- 
quand,  America,  Ft.  Collins,  Col.,  $50 
each. 

Chet  Miller,  city  manager  at  Chey- 
enne, Wyo.,  won  a  silver  loving  cup 
for   the   best   advertising   campaign. 

E.  K.  Taylor,  Wilma,  Missoula, 
Mont.,  won  a  wrist  watch  given  for 
the  best  record  in  theatre  maintenance. 


Carroll  Joins  Rogers 

I  foLLYWooD,  Nov.  23. — Richard 
Carroll,  former  story  editor  at  Fox, 
is  now  aligned  with  Charles  R. 
Rogers,  where  he  is  now  completing 
a  special  assignment  on  "Green  Gold." 
Carroll  has  just  returned  from  South 
America,  where  he  collaborated  with 
Rex  Beach  on  the  story  dealing  with 
the  banana  industry.  Howard  Esta- 
Ijrook  is  writing  the  screen  play. 


Kansas  Censoring 
Proposal  Opposed 


Kansas  City,  Nov.  23. — Proposal 
by  a  Kansas  state  representative  to 
alter  the  state  censorship  system  and 
make  it  more  rigid  is  receiving  scant 
attention  from  the  legislators  at  To- 
peka.  The  legislative  council  refused 
to  consider  the  bill,  which  would  clas- 
sify films  by  groups  according  to 
"moral  standards."  While  the  measure 
may  yet  be  introduced  in  the  present 
session,  it  is  not  believed  it  would 
have  much  chance  for  passage,  as  it 
lacks  administration   approval. 

Additional  information  on  the  pro- 
posal received  here  reveals  that  the 
classifications  of  morality  in  which 
films  would  be  grouped  would  have 
to  be  "prominently  displayed"  in  all 
advertising.  Children  under  18  would 
be  barred  from  pictures  in  the  lower 
"moral"  brackets.  Violations  of  the 
provisions  would  be  punishable  by  a 
fine  of  $100  to  $500  or  jail  sentence 
up   to   six   montlis. 

Reform  organizations  and  churches 
are  said  to  be  behind  the  movement. 
Ministerial  alliances  in  Kansas  have 
been  agitating  for  more  rigid  censor- 
ship and  action  on  Sunday  shows  by 
the  legislature.  Repres^tative  C.  H. 
Palmer,  who  fathered  the  new  cen- 
sorship system,  hails  from  Coffeyville, 
which  recently  had  a  bitter  Sunday 
show  fight. 


Rumor  Comerford  to 
Get  2  in  Rochester 

Rochester,  Nov.  23. — Reports  are 
current  here  that  Publix  will  turn 
over  the  2,259-seat  Century  and  L500- 
seat  Regent  to  M.  E.  Comerford,  who 
now  operates  the  Capitol. 

It  is  also  rumored  that  Comerford, 
once  in  control,  will  seek  to  lease  the 
Eastman,  which  has  been  used  only 
occasionally  under  University  of 
Rochester  auspices  since  Publix  sur- 
rendered   its    lease    two   years    ago. 


Paramount  and  Comerford  officials 
refused  to  discuss  the  report  here  yes- 
terday.         

Saenger  Houses  Open 

New  Orleans,  Nov.  23. — Reopen- 
ings  in  this  territory  are :  Saenger's 
Alamo,  Vicksburg,  the  Loino,  Hatties- 
burg,  both  under  district  direction  of  j| 
Howard  W.  McCoy  for  Saenger.  The 
Shreveport  Venus  is  installing  new 
sound  and  the  Star  is  getting  new 
seats. 


Le  Roy  to  Bring  Party 

Hollywood,  Nov.  23. — Mervyn  Le 
Roy  is  planning  to  take  30  of  his 
close  friends  and  relatives  to  New 
York  with  him  for  his  wedding  to 
Doris  Warner  on  Jan.  3.  The  Le 
Roys  will  leave  on  a  world  tour  start- 
ing  Jan.   4. 


Abdullah  Joins  Columbia 

Hollywood,  Nov.  23. — Achmed  Ab- 
dullah draws  a  writing  assignment 
from  Columbia  to  work  up  an  origi- 
nal story  around  the  title,  "Too  Tough 
to  Kill."  The  picture  will  feature 
Jack   Holt. 


Drop  2-Man  Ordinance 

Canton,  Nov.  23. — The  City  Coun- 
cil has  tabled  indefinitely  an  ordinance 
sponsored  by  the  Operators'  Union, 
requiring  that  two  men  be  employed 
in   a   booth.    Exhibitors   protested. 


Friday,  November  24,   1933 


MOTION  PICTURE 

DAILY 


Paramount  to 
Get  Refund  of 
$7,276,394 


{Cotttimied   from  page   1) 
Theatres,     Southern     Enterprises     of 
Texas,  Tennessee  Enterprises  and  To- 
ledo  Paramount  Corp. 

The  remaining  $71,980  represents 
over  assessments  of  small  sums  in 
returns  running  as  far  back  as  1922 
against  Famous  Players  Lasky,  Para- 
mount Famous  Lasky,  Metropolitan 
Film  Co.  of  Texas,  Miami  Enter- 
prises, Rialto  Theatre  Corp.  of  Vir- 
ginia, Park  Realty  Co.,  New  York 
and  Pacific  Coast  Amusement  Co., 
Fountain  Theatres  Corp.  and  Missouri 
Theatre  Corp. 


Sono,  Metropolitan 
Awarded  Trust  Fund 

Referee  Henry  K.  Davis  has  handed 
down  a  decision  instructing  trustees 
of  Paramount  Publix  to  turn  over  to 
the  trustees  in  bankruptcy  of  Sono 
Art  Co.  and  Metropolitan  Sound 
Studios,  Inc.,  the  sum  of  $15,388.65, 
claimed  by  them  as   a  trust  fund. 

The  matter  has  been  in  dispute  for 
some  time.  It  developed  over  the  dis- 
tribution of  "Honeymoon  Lane"  by 
Paramount.  This  was  produced  by 
Sono  Art.  The  studios  claimed  the 
funds  on  an  assignment  from  Sono 
Art.  When  Paramount  went  into 
bankruptcy  the  trustees  decided  that 
Sono  Art  and  Metropolitan  were  gen- 
eral creditors  only.  Both  are  in 
bankruptcy. 

As  a  result  of  the  decision  the  Sono 
Art  and  Metropolitan  trustees  can 
now  determine  between  them  which  is 
entitled  to  the  fund.  Alvin  T.  Sapin- 
sley  represented  Metropolitan  and 
Keppler  &  Keppler  were  attorneys  for 
Sono   Art. 


Henry  Seigel  Quits 
Para,  N.  F.  Exchange 

■Henry  Steigel  yesterday  resigned 
as  New  York  branch  manager  for 
Paramount  to  return  to  exhibition. 
He  now  has  three  theatres  and  intends 
to  devote  his  future  to  development  of 
a  circuit  in  the  metropolitan  area. 
Before  joining  Paramount  Seigel 
sold  a  number  of  his  theatres  to  Fox 
Metropolitan   Playhouses. 

With  the  resignation  of  Seigel, 
Milton  Kusell  has  promoted  Myron 
Sattler  from  New  Jersey  sales  head 
to  succeed  him.  Edward  Bell,  Brook- 
lyn salesman,  has  been  elevated  to 
New  Jersey  exchange  manager  and 
Jack  Perley,  New  Jersey  salesman, 
switches  to  the  Brooklyn  territory. 
Frank  Blakeley  of  the  home  office  is 
now  selling  across  the   Hudson. 


Para.  Holds  Mae  West 

Hollywood,  Nov.  23. — Paramount 
has  exercised  its  option  on  Mae 
West,  discounting  reports  she  would 
join  United  Artists.  After  the  star 
finishes  "It  Ain't  No  Sin"  she  will 
make  two  a  year  for  three  years. 


Sachson  Quits  Special 

Milton  Sachson  has  tendered  his 
resignation  as  treasurer  of  Special 
Screen  Service,  Inc.  No  successor 
has  been  named  yet. 


Milestone  Says  Russia 

Is  Being  Americanized 


(.Continued  from   page    1) 

when  I  last  visited  Russia.  With  a 
book  in  hand  which  was  published  only 
10  years  ago,  it  became  necessary 
for  me  to  look  over  every  locale  men- 
tioned in  order  to  do  justice  to  the 
subject. 

"In  every  way  the  trend  is  to  go 
American,  something  that  will  be 
greatly  accelerated  by  the  change  in 
official    relations. 

Writers   Highly  Paid 

"The  writer  in  Russia  enjoys  great- 
er rewards  than  elsewhere,  if  his  prod- 
uct warrants,  but  woe  betide  him  if 
he  undertakes  to  improve  his  product 
or  increase  his  output  through  em- 
ploying others  as  'ghost  writers.'  This 
practice,  so  largely  indulged  in  by 
'great  names'  in  this  country  and 
which  had  its  prototypes  in  Europe, 
would  bring  for  the  offender  severe 
punishment. 

"It  is  forbidden  because  it  amounts 
to  exploiting  the  'ghost  writer.'  And 
the  same  applies  to  the  cartoonist  and 
every  other  creative  activity.  Car- 
toonists are  very  naturally  rated  high 
in  a  land  where  everything  is  brought 
to  pass  through  appeal  to  the  imagi- 
nation. 

"As  for  playwrights,  Russia  is  their 
happy  hunting  ground  today.  Every- 
one who  has  an  idea  to  express  with- 
in the  limitations  imposed  by  the  gov- 
ernment can  find  a  way  to  bring  it 
before  the  public.  Every  grade  of 
entertainment  is  encouraged,  ranging 
from  the  wonderful  ballet,  opera  and 


Lots  of  Rubles 

Lewis  Milestone  says  Russia 
is  a  writer's  paradise,  claim- 
ing that  scribblers  are  paid 
30,000  gold  rubles  a  month. 

At  approximately  86  cents, 
the  present  rate  of  exchange 
for  a  gold  ruble,  this  is  quite 
a  salary,  but  the  hitch  is  that 
one  cannot  take  the  money 
out  of  the  country. 


classic  drama  to  propaganda  burlesque 
based  upon  these   very   things. 

"It  is  amazing  to  observe  the  physi- 
cal beauty  of  the  theatres,  the  gor- 
geousness  of  production,  costuming, 
etc.,  as  contrasted  with  the  drab  at- 
tire of  the  audiences.  The  latter  are 
too  serious  in  purpose  to  be  concerned 
with  personal  adornment. 

"Alfred  Lunt  and  Lynn  Fontanne 
agreed  with  me  that  in  its  every  phase 
the  Russian  theatre  is  far  ahead  of 
the  rest  of  the  world.  No  Amejican 
producer  could  afford  to  pay  the  sal- 
aries of  the  excellent  casts  that  are 
provided  on  the  theory  that  if  a  pro- 
duction is  worthy  of  doing,  it  is  worth 
doing  well. 

"The  gift  Russian  players  have  for 
ensemble  work  as  opposed  to  purely 
individual  effort  also  is  a  big  help. 
The  two  artists  mentioned  had  just 
left  Russia  when  I  was  heading  that 
way  and  they  prepared  me  for  many 
surprises." 


Operator  Charges 
Delayed  for  Code 

{Continued   from   page    1) 

afternoon  by  Thomas  J.  Donavan  at 
the  NRA  headquarters. 

After  listening  to  Milton  Weisman, 
a.ttorney  for  the  I.T.O.A.,  who  stated 
that  these  houses  were  not  wilfully 
operating  outside  the  NRA  hour  limit, 
and  that  the  proposed  code  will  super- 
sede the  President's  Recovery  Agree- 
ment, Donavan  decided  to  postpone 
any  action  until  the  industry  code 
has  been  signed  by  the  President. 

William  Small,  executive  of  the 
LT.O.A.,  said  that  if  the  NRA 
wanted  to  check  on  theatres  violating 
the  hour  limit  he  could  name  at  least 
50. 

After  an  argument  with  Weisman, 
Samuel  Birnbaum,  attorney  for  Local 
306,  left  the  meeting  room  and  was 
not  present  when  Donavan  heard  the 
I.T.O.A  attorney's  answer  to  the 
charges. 

Those  houses  listed  as  not  comply- 
ing with  the  hours  set  up  by  the 
NRA,  according  to  a  letter  written 
to  Donavan  by  Birnbaum,  were : 
the  Eagle,  Third  Ave. ;  Monroe, 
First  Ave.;  Ritz,  East  180th  St.; 
Bronx  Star,  Southern  Blvd. ;  Art, 
Southern  Blvd.;  79th  St.,  Second 
Ave. ;  Sanders,  Prospect  Ave. ;  Globe, 
Brooklyn,  and  Central,   Broadway. 


Maynard  Back  After  Flu 

Hollywood,  Novi.  23. — Recovered 
fully  from  his  recent  attack  of  in- 
fluenza. Ken  Maynard  has  resumed 
work  in  Universal's  "Wheels  of  Des- 
tiny." 


Replacing  Tracy  to 
Cost  M-G-M  Heavily 

{Continued   fr-om   page    1) 

termed  the  actor's  "deplorable  be- 
havior" will  cost  M-G-M  $100,000, 
it  is  said.  The  producer's  action  will 
force  the  company  working  on  "Viva 
Villa"  to  remain  in  Mexico  for  the 
refilming  of  scenes  in  which  Tracy 
appeared.  Roscoe  Karns  will  prob- 
ably replace  him.  The  excitement 
over  the  whole  thing  has  so  worn 
down  Howard  Hawks  that  he  is 
stepping  out  as  director  in  favor  of 
Jack   Conway. 


''Women/*  $109,000, 
Music  Hall  Record 

(Continued  from,  page    1) 

April  12  last.  Exactly  166,000  cus- 
tomers paid  their  way  in  during  the 
first  week  of  "Little  Women." 

Universal's  "Counsellor  at  Law"  is 
definitely  set  to  follow  the  Radio  pic- 
ture, which  is  to  go  two  more  weeks 
The  Universal  film  is  penciled  in  for 
a   fortnight. 


Para,  May  Produce 
At  Eastern  Studio 

(Continued  from   page    1) 

settled.  However,  Laurence  Schwab 
will  produce  it  for  Paramount  with 
Bing  Crosby  in  the  leading  male  role 
and  Polly  Walters  opposite.  Also  in 
the  cast  will  be  Jane  Buchanan  and 
Burgess    Meredith. 

Schwab  is  in  favor  of  making  it  in 
the  east,  but  Paramount  has  not  defi- 
nitely decided  on  the  production  spot. 


Fox  Relates 
Tale  of  Loss 
Of  Companies 


(Continued  from  page    1) 

of  Halsey,  Stuart  &  Co.,  he  described 
a  visit  to  Col.  William  J.  Donovan 
when  it  was  generally  understood  that 
Donovan  would  be  attorney  general  in 
the  Hoover  cabinet.  This  was  after 
Hoover's  election  and  before  the 
inauguration.  His  purpose  was  to 
secure  assurances  against  prosecution 
under  the  anti-trust  laws.  He  became 
alarmed,  he  said,  when  Donovan  failed 
of  appointment  and  later  appealed 
directly  to  President  Hoover  at  a 
White  House  luncheon,  after  seeing 
Claudius  H.  Houston,  chairman  of 
the  Republican  National  Committee, 
and  James  Francis  Burke,  then  the 
committee's  attorney.  Other  names  he 
mentioned  were  those  of  Samuel 
Untermyer,  his  counsel  during  those 
exciting  days,  and  Chief  Justice 
Charles  Evans  Hughes,  whose  law 
firm  also  figured  in  the  litigation. 

Outlining  how  he  had  been  forced  to 
sell  his  properties,  Fox  charged  a  con- 
spiracy to  force  him  out  of  the  picture 
business  by  Halsey,  Stuart  &  Co., 
Harley  L.  Clarke  and  "12  or  13  banks 
in   New   York." 

Closely  following  the  story  he  had 
told  in  the  book,  "Upton  Sinclair  Pre- 
sents William  Fox,"  which  he  sought 
to  offer  as  an  exhibit,  but  which  was 
refused  in  order  that  the  committee 
might  have  the  tale  from  his  own 
lips,  Fox  related  how  he  had  ap- 
proached Donovan,  then  assistant  at- 
torney general,  before  purchasing 
the  Loew  stock  in  1928  to  make  sure 
he  would  not  violate  the  anti-trust 
laws,  and  was  told,  he  said,  that  the 
purchase  would  be  all  right. 

Before  he  visited  President  Hoover 
at  the  White  House  to  learn  whether 
the  new  administration  would  hold  a 
different  attitude,  Burke  and  Houston 
were  secured  by  Fox  as  intermedi- 
aries, he  said,  but  he  was  told  by  the 
President  he  would  need  no  third 
party  to  conduct  his  negotiations  with 
the  Department  of  Justice.  Burke 
and  Houston,  he  testified,  recom- 
mended that  he  make  a  settlement  with 
Louis  B.  Mayer,  who  had  a  contract 
with  Loew's  and  was  wondering  what 
would  happen  under  Fox  management. 
Fox  arranged  a  payment  of  $2,000,000 
to  him,  he  said. 

Leading  up  to  the  time  when  he 
lost  control  of  his  companies.  Fox 
related  the  story  of  his  first  meeting 
with  Clarke  in  1927  which  led  to  the 
formation  of  Grandeur  Pictures.  He 
began  a  recital  of  the  stirring  events 
following  the  stock  market  crash 
which  left  him  with  $90,000,000  in 
short  term  notes  due  for  payment. 

Tomorrow  he  will  tell  the  commit- 
tee of  the  agreement  of  April  7,  1930. 
which  eventually  forced  his  retire- 
ment  from   the    industry. 


Dowd  Made  Ad  Head 
Of  the  RKO  Circuit 

(Continued  from   page    1) 

Robert    Sisk   will    continue   to   handle 
all  advertising  for  Radio  City. 

Elliston  Vinson,  who  has  been 
managing  Scollay  Square,  Boston,  is 
joining  the  company  to  handle  gen- 
eral exploitation  and  publicity. 


MOTION  PICTURE 

DAILY 


Friday,   November  24,    1933 


Capitol  Holds 
Fight  Picture 
With  $52,950 


"The  Prizefighter  and  the  Lady" 
developed  enough  strength  at  the 
Capitol  to  rate  a  holdover.  It  took 
?52,950,  aided  by  Kate  Smith  in  a 
revue. 

"Only  Yesterday"  stood  up  strongly 
in  comparison  with  some  of  the  recent 
Music  Hall  attractions,  pulling  $75,- 
069  on  the  week. 

Elsewhere  Broadway  business  de- 
veloped nothing  outstanding.  "Tlie 
Way  to  Love"  took  $30,500  at  the 
Paramount,  "The  Mad  Game"  gar- 
nered $19,000  at  the  7th  Avenue  Roxy 
and  "College  Coach"  took  only  $9,788 
at  the  Strand.  "Blood  Money"  grossed 
$17,300  at  the  Rivoli  and  "Sweetheart 
of  Sigma  Chi"  reached  $11,000  at  the 
Mayfair. 

Estimated  takings : 

Week   Ending  Nov.   14: 

"SWEETHEART  OF  SIGMA  CHI" 
(Monogram) 

MAYFAIR— (2,3C0),  35c-85c,  8  days.  Gross: 
$11,000. 

Week   Ending  Nov.  15: 
"THE  WORU)  CHANGES"   (F.  N.) 

HOLLYWOOD— (1.545),  25c-85c,  3rd  week, 
7  days.  Gross:  $10,603.) 

"ONLY    YESTERDAY"    (Univ.) 

RKO  MUSIC  HALL— (5,945),  35c-?1.65,  7 
days.  Stage  show.  Gross:  $75,069. 

Week  Ending  Nov.  16: 

"EAT   'EM   AUVE"    (Ira   Simmons) 

CAMEO— (549),  25c-40c,  2nd  week,  7  days. 
Gross:  $4,795. 

"THE  PRIZEFIGHTER  AND  THE 
LADY"    (M-G-M) 
CAPITOL-(4,700),      35c-$1.65,      7      days. 
Stage:   Kate  Smith  and  revue.  Gross:  $52,- 
950 

"ACE  OF  ACES"   (Radio) 
PALACE^(2,500),   25c-75c,   7   days.    Stage 
show.     Gross:    $1.!,150. 

"THE  WAY  TO  LOVE"   (Para.) 
PARAMOUNT— (3,700),    35c-99c,    7    days. 
Stage;   Jack   Benny,   Mary   Livingston,   Lita 
Grey   Chaplin,   and   others.   Gross:    $30,500. 
"TILLIE  AND  GUS"   (Para.) 
RIALTO— (2,200),   40c-65c,   7   days.    Gross: 
$10,000. 

"MAD  GAME"  (Fox) 
ROXY— (6,200).     25c-55c,     7     days.     Stage 
show.      Gross:   $19,000. 

"COLLEGE    COACH"    (Warners) 
STRAND— (2,000),  25c-$1.10,  6  days.  Gross: 
$9,788. 

Week  Ending  Nov.  17: 

"AFTER   TONIGHT"    (Radio)    (4  days) 
"ACE   OF   ACES"    (Radio)    (3  days) 

RKO  RO.XY— (3,700),  25c-55c,  7  days. 
Gross:    $10,827. 

Week  Ending  Nov.   21: 
"BLOOD  MONEY"  (U.  A.) 
RIVOLI-(2,200),   35c-99c,   7   days.    Gross: 
$17,300. 


Pfaff  New  Canadian 
Educational  Agent 

Toronto,  Nov.  23.— Harold  Pfaff, 
former  Toronto  manager  for  Cana- 
dian Educational  Films,  Ltd.,  has  been 
appointed  Canadian  representative  for 
Educational  and  he  will  be  associated 
with  Empire  Films,  Ltd.,  now  dis- 
tributing for  the  company. 

Pfaflf  succeeds  James  Travis,  pre- 
viously Educational  general  manager 
in  Canada. 


Block  Heads  Writers 

Hollywood,  Nov.  23. — Ralph  Block 
has  been  elected  president  pro-tem 
of  the  Writers'  Guild  during  the  ab- 
sence of  John  Howard  Lawson,  who 
is  expected  to  remain  in  New  York 
for  several  rr>onths  in  the  interest  of 
two  new  plays  to  be  produced '  there 
this  winter. 


Hollywood  On  Parade 


By  BILL  SWIGART 


Hollywood.  Nov.  23.  —  Through 
personal  and  diligent  attention  given 
the  formation  of  the  newly  organized 
Screen  Actors'  Guild  by  Eddie  Can- 
tor and  others  of  equal  prominence  on 
the  membership  committee,  the  board 
reports  that  there  are  but  four,  at  the 
most,  of  the  outstanding  stars  yet  to  be 
aligned.  Names  will  not  be  revealed 
by  the  official  mouthpiece  of  the  guild, 
because  it  is  expected  they  will  join 
the  parade  any  moment  now.  Can- 
tor has  made  it  obvious,  both  in 
public  and  in  print,  that  he  is  not  in 
personal  sympathy  with  the  Academy, 
and  with  this  feeling  coming  from  the 
president  of  the  guild,  it  is  expected 
at  any  moment  that  guild  members 
will  be  presented  with  the  alternative 
of  remaining  loyal  to  the  new  cause 
or  staying  with  the  Academy.  If  such  a 
measure  is  adopted  in  the  code  of 
ethics  now  being  worked  out  by  the 
code  conimittee  of  the  guild,  it  will 
mean  a  wholesale  walkout  of  actors 
on  the  Academy.  With  the  Writers' 
Guild  of  the  same  temperament  and  in 
close  association  with  the  actors' 
principles  of  organizing  their  own 
independent  organizations  for  protec- 
tion, there  will  be  nothing  left  for 
the  Academy  to  hang  onto  but  direc- 
tors, technicians  and  producers.  Even 
directors  are  considering  a  guild,  too. 
• 

Since  Jesse  Lasky  announced  he 
would  make  a  picture  with  unknown 
players.  Hunt  Stromberg  at  M-G-M 
lost  no  time  in  making  it  known  that 
he,  too,  would  introduce  an  all  un- 
known cast  in  "High  School,"  which 
Victor  Fleming  will  direct.  John 
Lee  Mahin  is  now  working  on  the 
script,  while  scouts  are  looking  about 
for  three  girls  and  three  boys  of  suffi- 
cient talent  to  head  the  cast. 
• 

"Dad"  Mills,  SO-year-old  blind  man 
who  makes  his  living  selling  news- 
papers, is  the  only  legitimate  blind 
man  registered  for  acting  parts  at  the 
studios.  His  last  work  was  in  "Lady 
For  a  Day."  He  is  now  portraying 
the  role  of  a  blind  man  in  "Trans- 
continental Bus"  at  M-G-M. 
• 

IT  HAPPENED  SOME  TIME 
AGO  that  John  M.  Stahl  played  in 
Belasco's  production  of  "DuBarry"  at 
the  age  of  IS  and  followed  the  foot- 
lights thereafter  for  14  years,  appear- 
ing as  a  juvenile  and  second  lead.  He 
directed  his  first  picture  in  1914  for 
Vitagraph  under  the  title  of  "The  Boy 
and  the  Law."  .  .  .  Henry  Kolker 
spoke  the  line,  "May  God  have  mercy 
on  your  soul"  for  a  picture  directed 
by  William  K.  Howard  and  has  ap- 
peared   in    every    picture    directed   by 


Howard  since  that  time.  .  .  . 
Hal  Roach  began  his  picture 
career  as  a  cowboy  for  Universal, 
later  appeared  in  an  important  role 
for  DeMille's  "Squaw  Man"  for 
which  he  received  $5  and  shortly  after 
this  decided  to  become  a  producer.  He 
can't  be  blamed  for  that.  .  .  .  Tala 
Birell  supported  Marlene  Dietrich 
when  she  starred  in  "It  Lies  in  the 
Air"  in  1928  in  Berlin.  Later  on  in 
the  season  Miss  Birell  succeeded 
Miss  Dietrich  in  the  lead  and  became 
a  reigning  star  in  Continental  Europe 
for  three  years  after.  .  .  .  Miriam 
Jordan  now  playing  in  "Let's  Fall  in 
Love"  for  Columbia  was  chosen  as 
"Modern  Miss  England"  at  the  age  of 
16  and  was  paid  five  pounds  a  week 
to  sit  in  a  glass  cage  eight  hours  a 
day  for  12  weeks.  They  do  things  like 
that  in  England. 

• 

The  M-G-M  music  department  be- 
lieves it  has  discovered  a  diamond  in 
the  rough  when  it  came  upon  the 
melodious  voice  of  Albert  George,  a 
21-year-;old  laborer  swinging  the  pick 
and  shovel  to  the  strains  of  popular 
ballads  that  happened  to  synchronize 
with  the  movements  of  his  daily  toil. 
The  studio  executives  were  notified 
and  the  young  man  was  taken  in  tow 
to  be  tutored  for  a  year  without 
charge.  After  hearing  him  sing,  it 
became  the  opinion  of  studio  execu- 
tives that  he  has  possibilities  of  be- 
coming a  second  John  McCormack. 
No  less ! 

• 

NOTES  OF  INTEREST  ...  The 
chef  at  the  Paramount  studio  com- 
missary was  removed  from  his  post  of 
duty  with  ptomaine  poison.  ...  In 
keeping  up  with  his  army  regulations, 
CoL.  Tim  McCoy  is  required  to  spend 
four  weeks  of  actual  service  at  the 
Presidio  Army  camp  .  . .  Alan  Dine- 
hart  is  playing  the  same  role  in  "The 
Ninth  Guest"  for  Columbia  that  he 
portrayed  years  ago  on  the  New  York 
stage.  .  .  .  George  Breakston,  11- 
.year-old  radio  favorite  known  to 
ether  fans  as  the  boy  Chevalier,  is 
making  his  screen  debut  in  Columbia's 
"Paul  Street  Boys."  His  mother  is 
working  at  the  same  studio  as  a  milli- 
nery designer.  .  .  .  Frankie  Darro, 
now  15,  has  been  appearing  before  the 
camera  for  11  years  .  .  .  An  orches- 
tra composed  of  16  monkeys  and  a 
chimp  crooner  are  featured  in  the 
latest  Mickey  M^cGuire  comedy, 
"Mickey's  Covered  Wagon."  .  .  .  Slim 
Summerville  says  one  of  the  oldest 
and  best  known  hospitals  in  Holly- 
wood is  about  to  close  because  it  is 
operating  at  a  loss. 


Howard  Dietz  Named 
Ad  Conimittee  Head 

Howard  Dietz,  publicity,  advertis- 
ing and  exploitation  head  of  M-G-M, 
has  been  named  chairman  of  the  com- 
mittee of  three  to  administer  the 
advertising  clause  in  the  proposed 
code  when  it  is  signed.  S.  Charles 
Einfeld  and  John  Flinn  are  also  on 
the  committee,  the  latter  representing 
the  A.M.P.A. 

The  first  meeting  was  held  at  the 
Hays  office  last  Saturday  with  J.  J. 
McCarthy  and  another  is  expected  to 
be  called  shortly. 


Alberta  Grants  Cut 
In  Admission  Taxes 

Toronto,  Nov.  23. — The  provincial 
government  of  Alberta  has  granted  a 
reduction  in  the  amusement  tax.  The 
revised  scale  provides  a  new  bracket 
with  a  three-cent  tax  on  prices  from 
31  to  35  cents. 

From  35  to  SO  cents  the  tax  is  five 
cents.  The  two-cent  tax  continues  on 
tickets  from  11  to  30  cents  and  the 
eight-cent  tax  remains  on  tickets  from 
51  cents  to  75  cents.  This  is  the  first 
tax  concession  by  any  government  in 
Canada  in  four  years. 


ii 


Yesterday,'' 
At  $21,200, 
Detroit  Top 


Detroit,  Nov.  23. — Zero  weather 
pulled  first  run  grosses  down  consid- 
erably last  week.  The  Fox,  which  got 
■$21,200,  against  a  $15,000  average 
with  "Only  Yesterday,"  was  the  only 
house  that  went  over  par.  The  Michi- 
gan had  the  next  best  gross,  taking 
in  $17,300  with  "Prizefighter  and  the 
Lady"  against  a  $20,000  average. 
Others  were  off. 

Total  for  the  week  was  $61,000. 
against  $77,000  average  and  $69,600 
last  week. 

Estimated  takings  for  the  week  end- 
ing  Nov.    16: 

"WORST   WOMAN   IN   PARIS"    (Fox) 
"MIDSHIPMAN   JACK"    (Radio) 

DOWNTOWN— (2,750),     15c-40c,     7     days. 
Gross:    $5,100.    (Average,    $10,000.) 
"KENNEL  MURDER  CASE"   (Warners) 

FISHER— (2,975).  15c-40c,  7  days.  Stage: 
Jewell  Players.  Gross:  $5,600  (Average, 
$10,000.) 

"ONLY    YESTERDAY"    (Univ.) 

FOX— (5.100).  15c-50c,  7  days.  Stage: 
Alex  Hyde,  Three  Sailors,  Four  Rhythm 
Queens.    Gross:    $21,200.    (Average,    $15,000.) 

"PRIZEFIGHTER    AND    THE    LADY" 
(M-G-M) 

MICnHIGAN— (4,100),  25c-50c,  7  days. 
Stage:  Del  Delbridge  revue.  Gross:  $17,- 
300.    (Average,    $20,000.) 

"THE  PRIVATE  LIFE  OF  HENRY  VIII" 
(20th    Century) 

UNITED  ARTISTS— (2,070),  25c-50c,  7 
days,  2nd  week.  Gross:  $5,100.  (Average, 
$10,000.) 

"FOOTLIGHT  PARADE"  (Warners) 

STATE— (3.000),  25c-50c,  7  days.  2nd 
week.    Gross:    $6,700.    (Average,    $12,000.) 


"Parade"  $17,000 
Hit  in  Providence 

Providence,  Nov.  23. — "Footlight 
Parade"  stood  them  up  all  week  to 
rake  in  a  sensational  $17,000  at  Fay's 
Majestic,  necessitating  the  holding 
over  of  the  opus  for  another  session. 
This  was  by  far  the  biggest  take  of 
the  week,  all  other  downtown  houses 
sticking  close  to  average. 

Loew's  State  was  fair  with  "Day 
of  Reckoning"  and  a  strong  stage 
show  headed  by  Arthur  Tracy.  The 
Paramount  broke  even  for  six  days  at 
$6,500  in  its  second  week  of  "I'm  No 
Angel."  The  RKO  Albee,  once  again 
on  a  straight  film  policy,  caught 
$6,800  with  a  double  feature  bill 
headed  by   "Only   Yesterday." 

Total  grosses  for  the  week  were 
$48,900.   (Average  is  $40,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  16 : 

"FOOTLIGHT  PARADE"  (Warners) 

MAJESTIC— (2,400),  15c-40c,  7  days. 
Gross:    $17,000.    (Average,    $7,000.) 

"I'M    NO    ANGEL"    (Para.) 

F'ARAMOUNT— (2,300),  15c-40c,  6  days. 
Gross:    $6,500.     (Average,    $6,500.) 

"THE   LAST   TRAIL"    (Fox) 

FAY'S— (1,600),  15c-40c,  7  days.  Johnny 
Marvin,  radio's  "Lonesome  Singer,"  head- 
ing stage  show.  Gross:  $6,500.  (Average, 
$7,000.) 

"ONLY    YESTERDAY"    (Univ.) 
"ABOVE    THE    CLOUDS"    (Radio) 

RKO  ALBEE— (2,300),  15c-40c,  7  days. 
Gross:    $6,800.     (Average,    $7,000.)  II 

"DAY   OF   RECKONING"    (M-G-M)  ] 

LOEW'S  STATE^(3,800),  15c-40c,  7  days,     il 
Arthur   Tracy,    the    "Street    Singer,"    head- 
ing   stage    show.    Gross:    $11,000.    (Average, 
$12,000.) 

"LAUGHING    AT    LIFE"    (Levine) 
"BEHIND    JURY    DOORS"    (Chesterfield) 

RKO  VICTORY— (1,600),  10c-25c,  4  days. 
Gross:   $1,100.    (Average,   $1,000.) 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
andt 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  124 


NEW  YORK,  SATURDAY,  NOVEMBER  25,  1933 


TEN  CENTS 


Fox  Charges 

$15,000,000 

^'Disappeared' 


Insists    Theatre     Funds 
Not  Accounted  for 

Washington,  Nov.  24. — Charging 
that  $15,000,000  "disappeared"  from 
the  Fox  treasury  after  he  lost  control 
of  his  companies  and  had  never  been 
satisfactorily  accounted  for,  and  de- 
claring that  the  companies,  from  which 
he  had  made  millions,  had  never  made 
a  cent  since  they  passed  from  his  con- 
trol, William  Fox  today  concluded  his 
saga  of  the  alleged  bankers'  "con- 
spiracy" to  wrest  from  him  his  cellu- 
loid empire  before  the  Senate  commit- 
tee investigating  Wall  Street. 

His  allegation  that  upon  telling  Al- 
bert H.  Wiggin  of  the  Chase  Nation- 
al Bank  of  former  President  Hoov- 
er's  feelings   in   the   matter   Claudius 

{Continued  on  page  4) 


Butteriield  Circuit 
To  Shut  8  Theatres 

Detroit,  Nov.  24.- — The  Butterfield 
circuit  will  close  eight  of  its  state 
houses  Dec.  2.  They  are  expected  to 
reopen  after  the  holidays.  They  are 
the  Bijou,  Battle  Creek;  Palace, 
Flint ;  Capitol,  Jackson ;  Gladmer, 
Lansing  ;  Strand,  Pontiac ;  Desmond, 
Port  Huron;  Franklin,  Saginaw,  and 
Martha  Washington,  Ypsilanti.  It  is 
probable  that  additional  theatres  will 
be  closed  by  the  circuit  until  after  the 
first  of  the  year. 


Again  the  NRA 

Milwaukee,  Nov.  24.— Sol  A. 
Rosenblatt,  deputy  adminis- 
trator, and  Harry  Bell,  of  the 
Milwaukee  Chamber  of  Com- 
merce, unknown  to  each 
other,  told  the  same  story  in 
the  closing  chapters  of  the 
Wisconsin  M.  P.  T.  O.  con- 
vention, but  so  good  was  it, 
the  gag  went  over  twice  even 
if  some  of  the  details  varied 
in  the  telling.  It  concerned 
the  NRA  and  the  colored  fel- 
low who  was  asked  what  he 
thought  about  it. 

"Swell,  boss,"  he  replied.  "I 
used  to  work  72  hours  a  week 
for  $7.20.  Now  I  work  54 
hours  and  get  $14.  That  Ne- 
gro Relief  Ass'n.  sure  is  a 
great  idea." 


Lea  Chosen  to  Head  New 
Code  Authority  Advisors 


Washington,  Nov.  24. — General 
Hugh  S.  Johnson  has  named  Col.  W. 
Robert  Lea  as  chairman  of  the  code 
authority  organization  committee,  a 
new  committee  which  will  assist  and 
advise  deputy  administrators  and  code 
authorities  on  compliance  with  codes. 
The  committee  will  establish  contacts 
with  labor,  justice  and  commerce  de- 
partments and  with  the  Federal  Trade 
Commission  for  the  purpose  of  furth- 
ering  code   compliance. 

Dr.  Leo  Wolman,  chairman  of  the 
labor  advisory  board ;  Louis  Kirstein, 
chairm.an  of  the  industrial  advisory 
committee ;  Dr.  Wilson  Compton,  of 
the  NRA  trade  association  division : 
Blackwell  Smith,  associate  general 
counsel  of  the  NRA,  and  Franklin  S. 
Pollak,  of  the  NRA  compliance 
board,  also  have  been  appointed  to 
the    new    committee. 


New  Theatre  Code 
Enforcement  Urged 

Washington,  Nov.  24. — A  plan  to 
enforce  compliance  by  theatrical  pro- 
ducers and  managers  with  the  legiti- 
mate code  by  withdrawing  from  any 
violating  theatre  has  been  proposed 
to  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  by  Equity,  the  LA.T. 
S.E.  and  the  American  Federation  of 
Musicians. 

Submitting  their  plan,  the  organi- 
zations voiced  the  view  that  this 
"direct  action  will  be  much  more 
effective  and  productive  of  good  re- 
sults and  enforcement  of  the  code 
than  any  other  method  which  might 
be  employed,"  since  it  would  result  in 
immediate   closing  of  a   show. 


Miller  Again  Calls 
For  Strong  Defense 

Chicago,  Nov.  24. — Again  warning 
exhibitors,  as  employers,  that  unless 
they  organized  as  strongly  as  em- 
ployes, they  faced  unionization  of 
ushers,  doormen,  cashiers  and  jani- 
tors nationally,  Jack  Miller  today  de- 
clared the  drift  was  demonstrated  in 
1,700  new  unions  which  he  declared 
had  joined  the  American  Federation 
of  Labor  since  enactment  of  the  NRA. 

Miller  issued  his  original  warning 
before  members  of  the  M.  P.  T.  O. 
of  Wisconsin  and  Upper  Michigan  in 
Milwaukee  on  Tuesday. 


Coast  Houses  Talk 
Truce  with  lATSE 

Los  Angeles,  Nov.  24. — With  stage 
shows  set  to  be  dropped  by   Loew's, 
United  Artists  and  Warners'   Down- 
{Continued  on  page  4) 


Code  Not  Signed 

Warm  Springs,  Ga.,  Nov. 
24. — Administrator  Hugh  S. 
Johnson  arrived  here  today 
from  Atlanta  with  the  code  in 
his  pocket  and  went  into 
conference  with  President 
Roosevelt,  but  up  to  a  late 
hour  tonight  no  word  was 
forthcoming  as  to  when  the 
document  would  be  signed. 


Twin  Cities' 
Men  Dubious 
Over  Repeal 


Minneapolis,  Nov.  24. — There  are 
two  schools  of  thought  in  Minneapolis 
and  St.  Paul  among  exhibitors  and 
distributors  concerning  the  effect  of 
repeal  on  the  show  business. 

One  group  is  adopting  a  more  or 
less  fatalistic  attitude.  It  will  be  just 
another  of  those  things  that  nobody 
can  guess  or  do  anything  about,  they 
insist,  and  they  expect  to  saw  wood 
in  the  same  old  way. 

The  other  group  is  firmly  convinced 
that  the  effect  will  be  bad  for  a  con- 
siderable time  and  that  business  had 
(^Continued  on' page  4) 


Allied  of  Michigan 
To  Meet  Dec.  12-13 

Detroit,  Nov.  24. — Annual  conven- 
tion of  Allied  of  Michigan  will  be 
held  at  Grand  Rapids  on  Dec.  12-13, 
at  which  time  election  of  officers  and 
directors  will  take  place  and  the  mem- 
bers will  consider  action  on  the  NRA 
code.  The  convention  originally  was 
scheduled  for  Flint  at  an  earlier  date. 
Postponement  was  made  to  await 
signing  of  the  code  and  the  place 
changed  by  request  of  a  majority  of 
the  members. 


Labor's  Help 
Is  Looked  for 
By  Kuykendall 

Predicts  Union  Peace  as 
Result  of  Code 


Theatres  Here  Told 
To  Cut  Hours  to  40 

All  independent  theatres  in  New  York 
have  been  ordered  by  the  NRA  com- 
pliance board  to  limit  hours  of  em- 
ployes to  40  per  week  and  to  make  the 
minimum  wages  $15. 

The  order  is  the  result  of  complaints 
made  by  members  of  Local  306  and 
(Continued  on  page  4) 


St.  Louis,  Nov.  24. — Ed  Kuyken- 
dall, M.  P.  T.  O.  A.  head,  stopped 
off  here  today  on  his  way  home  from 
Milwaukee  and  discussed  the  code  at 
a  gathering  of  local  exhibitors  in  the 
Fox  exchange  projection  room.  He 
expressed  the  belief  that  the  Presi- 
dent would  sign  the  code  within  a  few 
days  and  advised  every  exhibitor  to 
give  his  whole-hearted  support  to  it, 
because,  in  his  opinion,  it  will  prove 
beneficial   to   the    industry. 

Answering  indirectly  Jack  Miller's 
charge  at  the  Wisconsin  M.  P.  T.  O. 
meet  in  Milwaukee,  that  exhibitors 
had  been  handed  a  "lousy  deal"  in  the 
labor  provisions  of  the  code,  Kuyken- 
dall said  that  he  had  received  assur- 
ances from  prominent  labor  leaders 
that  they  would  cooperate  in  an  earn- 
est   effort   to    attain    industrial    peace 

(Continued  on  page  4) 


St.  Louis  Ushers 
Call  First  Strike 

St.  Louis,  Nov.  24. — This  city  is 
in  the  throes  of  its  first  ushers'  strike 
and  the  strikers  are  parading  in  front 
of  the  Grand  Central  and  Missouri 
with  umbrellas.      It  was  only  a  few 

{Continued  on  page  4) 


On  the  Code 

Chicago,  Nov.  24.— When 
ushers'  salaries  came  up  at 
Washington,  some  Southern 
exhibitors  appeared  shocked 
at  the  idea  of  increasing  their 
wages.  "We  pay  them  in 
passes,"  several  theatremen 
said.  Then  came  the  ruling 
that  salaries  of  employes  in 
theatres  located  in  towns  un- 
der 15,000  were  to  get  a  flat 
20  per  cent  increase. 

"Will  that  mean  these 
ushers  are  to  get  a  pass  and 
a  fifth?"  asked  Jack  Miller, 
who  now  spills  the  yarn  pub- 
licly for  the  first  time. 

Miller  also  tells  how  some 
exhibitors  flooded  M.  P.  T.  O. 
A.  men  with  suggestions  on 
what  to  do  for  them  in  the 
code  and  actually  sent  in  their 
wires  collect. 


MOTION  PICTURE 

DAILY 


Saturday,  November  25,   1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   Office) 


Vol.  34 


November   25,   19j3 


No.   124 


Martin    Quicley 
Editor-in-Chief   and   Fublisher 


P 


MAURICE    KANN         ^A, 

Editor 
JAMES  A.  CRON 

Adiertising    Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary o{  Quigley  Publications,  Inc.,  Mar- 
tin Uuigley,  President;  Colvin  Brown, 
Vice-President     and     Treasurer. 

Publication  Office:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quigpubco,  New  Vork."  All  con- 
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Daily,  Inc.  Address  all  correspondence  to 
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PICTURE  ALMANAC  and  THE  CHI- 
CAGOAN. 

Hollywood  Bureau:  Pacific  States  Life 
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reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
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Sydney  Bureau:  102  Sussex  Street,  Cliff 
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Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Uundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hcvesi, 
Representative. 

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. 


Mark  Dintenfass, 
Film  Pioneer,  Dead 

Mark  Dintenfass.  one  of  the 
pioneers  of  the  industry,  and  an  early 
associate  of  Carl  Laemmle,  died  yes- 
terday at  his  home  in  Grantwood, 
N.  J.  He  is  survived  by  his  wife. 
The  funeral  will  take  place  tomorrow 
afternoon  at  1  o'clock  at  the  River- 
side   Memorial    Chapel. 

It  was  in  1903  that  Dintenfass 
opened  the  second  film  house  in  Phil- 
adelphia. It  was  there  that  one  of 
the  first  sound  films  was  shown  and 
heard.  He  showed  pictures  of  Eva 
Tanguay  and  Blanche  Ring,  while 
playing  a  synchronized  phonograph 
record  of  their  then   latest  song  hit.s. 

Dintenfass  also  entered  production 
end,  making  some  of  the  first  to  be 
released  in  his  own  studios  in  New 
Jersey. 

With  Carl  Laemmle,  William  Swan- 
son,  David  Horsley  and  P.  A.  Pow- 
ers he  was  one  of  the  early  dominant 
figures    in    the    history    of    Universal. 


Fred  Quimby  on  Coast 

Hollywood,  Nov.  24. — Fred  Quim- 
by, short  subject  sales  manager  for 
Hal  Roach,  has  arrived  here  for  a 
series  of  conferences  with  Roach  and 
Henry  Ginsberg,  which  will  stretch 
out  over  an   indefinite  period. 


Handling  'Carnival  Lady* 

Hollywood  Exchange  is  distribut- 
ing "Carnival  Lady"  in  New  York. 
Allen  Vincent  portrays  the  leading 
male  role  opposite  Boots  Mallory 
while  Donald  Kerr  handles  the  comic 
situations.    Ken   Goldsmith    produced. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Woman  Who  Dared" 

{IVm.  Berke  Prod.) 

Hollywood,  Nov.  24. — "Woman  Who  Dared,"  independent,  is  an 
above-the-average  program  picture. 

Story  deals  with  a  business  girl  (Claudia  Dell),  the  head  of  a  textile 
plant,  who  refuses  to  pay  protection  to  the  racket  boys  against  bombing, 
even  though  her  board  of  directors  advises  paying.  Girl  dresses  man- 
nishly — throws  paper  weights  through  windows  until  she  meets  a 
reporter   (Monroe  Owsley)  assigned  to  cover  the  bombing. 

Transforming  herself  into  fluffy  attire,  she  presses  the  reporter  into 
service — both  romantically  and  in  a  business  way.  Both  secure  the  evi- 
dence against  the  brains  and  arms  of  the  protection  mob  for  police  use. 
Attendant  romance  and  business  are  then  taken  care  of. 

Plot  is  simple  and  direct.  Anti-racketeering  angle  now  being  cam- 
paigned in  most  newspapers  offers  good  exploitation  peg  on  which  to 
hang  ballyhoo. 

Entire  cast,  including  Claudia  Dell,  Monroe  Owsley,  Lola  Lane, 
Robert  Elliott,  Bryant  Washburn,  Eddie  Kane,  Esther  Muir,  Matthew 
Betz,  and  especially  Matty  Fain,  turns  in  nice  performances. 

Millard  Webb  directed  with  a  sure  hand,  keeping  his  action,  comedy 
and  drama  well  paced  and  smartly-convincing  all  along  the  line. 

Where  straight  commercials  are  liked  this  should  go  okay. 


Looking  ^Em  Over 


"Take  a  Chance" 

{Paramount) 

Laughs — plenty  of  them.  Peppy  tunes— scores  of  them.  Pretty  girls — 
lines  of  them.  Draw  names — eight  of  them.  In  other  words,  all  the 
ingredients  which  make  for  a  zippy  musical  comedy  can  be  found  in 
this  production  turned  out  by  William  Rowland  and  Monte  Brice. 
Exhibitors  don't  have  to  gamble  to  "Take  a  Chance."  It's  there,  lock, 
stock  and  barrel. 

Buddy  Rogers  as  a  neophyte  musical  comedy  producer  has  his  trials 
and  tribulations.  Meeting  June  Knight,  he  finds  the  leading  lady  for 
his  show,  and  she  brings  along  with  her  James  Dunn,  Clifif  Edwards, 
and  Lillian  Roth,  all  from  a  carnival  show.  In  Miss  Knight,  Rogers 
finds  romance.  There  is  a  misunderstanding  and  then  they  are  recon- 
ciled. Dunn  has  been  trying  to  get  Miss  Roth  to  become  his  wife.  They 
have  their  innings  and  later  agree  to  agree.  Edwards,  as  Dunn's  part- 
ner in  pickpocketing  and  other  phoney  dealings,  sticks  with  his  pal 
through  thick  and  thin,  song  and  dance  and  even  for  the  finale.  Lilian 
Bond,  Dorothy  Lee  and  Lona  Andre  are  the  other  drawing  cards. 

Here's  a  musical  comedy  within  a  musical  comedy  that  has  class  and 
all  the  other  trimmings  which  point  to  a  box-office  winner.  You  can't 
lose  when  you  bank  your  money  on  "Take  a  Chance." 


Eastman  Up  Three  and  Quarter 


High 

28 
9/2 


Columbia   Pictures,   vtc 

Consolidated    Film    Industries,    pfd 

Eastman     Kodak     HU^ 

liastman    Kodak,    pfd 124 

Fox   Film   "A" 1354 

Loew's,  Inc 3054 

Loew's,    Inc.,    pfd 68 

Paramount    Publix    IK 

Pathe   Exchange   2 

Pathe  Exchange  "A" 11!^ 

RKO    254 

Warner  Bros 6-54 


Low 

26Ji 
9J4 
76-4 
124 
1354 
2954 
68 

m 

10% 
2/8 
(>% 


Close 

2654 
9%. 
80 
124 
135^ 
30 
68 

IK 
11 
2J4 
654 


Net 
Change 


-t-3J4 


—2 

+  '/4 
+  Vf. 


Curb  Exchange  Inactive 


High      Low 

Technicolor  10!^        10!^ 

Trans  Lux   VA         1% 


Net 
Close     Chfuige 

lO'/i        

m    


Warner  Bonds  Up  One 


High 

General  Theatre   Equipment  6s  '40 354 

Keith   B.    F.   6s   '46 46 

Tyocw's   6s    '41,    WW    deb    rights 81 

Paramount   Broadway  SVzs  '51 29 

Paramount   F.   L.   6s    '47 23J4 

Paramount    Publix   Sj^s    '50 24 

Warner  Bros.  6s  '39,  wd 41 


Low 

Close 

y/2 

3!^ 

45>/4 

46 

mVi 

80'^ 

29 

29 

23'/4 

23  J^ 

22'/» 

22'/« 

WA 

41 

Net 
Change 


-fl 


+1 
-fl 


Sales 

1,900 
100 

1,800 

1,000 
300 
400 
100 
700 

1,100 
500 
400 

2,000 


Sales 

100 
100 


Sales 

5 
14 
15 
1 
1 


i  Purely 
Personal  ► 


HARKAY  D.  Buckley,  Leo  Abrams, 
Max  Cohen,  Rube  Jackter, 
Abe  Montague,  Lou  Weinberg,  Abe 
Schneider,  Irving  Lesser,  Morris 
KiNZLER,  BuDD  Rogers,  Sol  Edwards 
and  Harry  Rose  crowding  the  tables 
at  Lindy's. 

BuDD  Rogers  shortly  will  make  a 
tour  of  the  country  on  behalf  of  Lib- 
erty Pictures,  for  which  he  is  general 
sales   manager. 

Gary  Cooper  will  make  personal  ap- 
pearances at  the  Paramount  starting 
next  Friday. 

Joan  Crawford  is  booked  for  an 
"in  person"  date  at  the  Capitol  next 
week. 

Gum  MO  Marx  and  L.  J.  Schlaifer 
talked  it  over  at  lunch  together  yes- 
terday. 

Dorothy  Stone  and  Gus  Shy  are 
working  in  a  two-reel  Vitaphone  short 
in  Brooklyn. 


Lee  Tracy  Calls  It 
"Misunderstanding" 

Hollywood,  Nov.  24. — Lee  Tracy 
is  back  and  he  insists  the  Mexican 
incident  is  a  "huge  misunderstanding." 
M-G-M  should  have  given  him  time 
to  tell  his  side  of  the  story  before 
cancelling  his  contract,  he  asserts. 
He  had  one  more  month  to  go  before 
his  option  would  have  come  up  for 
the  second  year.  It  is  reported  Darryl 
Zanuck  is  after  him. 


St.  Paul  Bars  "Elysia*' 

St.  Paul,  Nov.  24. — "Elysia,"  nudist 
picture,  was  barred  from  the  World 
here  today  by  John  H.  McDonald, 
commissioner  of  public  safety.  George 
Myron,  manager  of  the  house,  asked 
for  a  Federal  injunction  from  Judge 
Robert  M.  Bell,  who  issued  a  tem- 
porary     writ,      returnable      Monday 


Mary  Pickford  East  Soon 

Hollywood,  Nov.  24. — Mary  Pick- 
ford  leaves  for  New  York  the  first 
week  in  December  to  discuss  future 
radio  work,  plays  and  magazine  writ- 
ing. This  will  be  her  third  trip  east 
this  year. 


Para.  Meeting  Set  Back 

A  Paramount  Publix  creditors' 
hearing  scheduled  for  yesterday  morn- 
ing before  Referee  in  Bankruptcy 
Henry  K.  Davis  was  postponed  until 
Dec.  4. 


Para.  Re-Signs  Colbert 

Hollywood,  Nov.  24. — Claudette 
Colbert  has  signed  a  new  contract 
with  Para^nount  and  her  next  assign- 
ment will  be  "Cleopatra,"  to  be  pro- 
duced by  Cecil  de  Mille. 


"V  Ball  Tonight 

The  Universal  Club  will  hold  its 
annual  dinner-dance  tonight  at  the 
Waldorf-Astoria. 


In  Almost  Any 

FEATURE  PICTURE 


.  you  are  now  likely  to  find  sequences 
demonstrating  that  ingenious  technical 
device,  the  composite  shot.  The  founda- 
tion for  those  sequences  is  most  likely  to 
be  Eastman  Background  Negative.  Be- 
cause of  its  amazingly  fine  grain,  this 
special  new  film  has  been  found  ideally 
suited  to  the  ''shooting"  of  backgrounds 
that  are  to  be  projected  and  rephoto- 
graphed.  Eastman  Kodak  Company. 
(J.  E.  Brulatour,  Inc.,  Distributors, 
New  York,  Chicago,  Hollywood.) 


EASTMAN  • 
Background  Negative 


MOTION  PICTURE 

DAILY 


Saturday,  November  25,   1933 


Twin  Cities' 
Men  Dubious 
Over  Repeal 


(Continued  jrom  page   1) 
better  cut  expenses  and  sit  tight  till 
the  novelty   is  gone,   or  put  on  some 
special    promotion    to    counteract    the 
adverse  influence. 

At  the  Fox  office  in  Minneapolis  it 
was  said  that  the  return  of  beer  had 
been  hard  on  theatres  during  most  of 
the  summer  in  the  smaller  towns  of 
the  Northwest  and  that  the  same 
might  be  true  of  hard  liquor.  The 
effect  would  eventually  wear  off,  it 
was  predicted,  but  for  a  time,  at  least, 
loose  money  that  would  ordinarily  find 
its  way  into  the  box-office  will  be 
swallowed  up. 

Universal  officials  said  the  only 
criterion  by  which  the  situation  could 
be  judged  was  the  return  of  beer,  but 
they  were  in  some  doubt  whether  the 
new  situations  would  parallel  the  old. 
There  was  some  feeling  that  hard 
liquor  would  divert  a  large  stream  of 
money  which  now  passes  into  the  un- 
derworld into  what  may  be  described 
as  the  family  trade  from  which  it 
would  presently  appear  in  the  box- 
office.  Warner  representatives  took 
the  position  that  the  effect  of  the  re- 
turn of  liquor  would  not  be  noticeable 
to  distributors  putting  out  uniformly 
good  product  and  M-G-M  people  con- 
sidered the  matter  anybody's  guess. 

A  Paramount  executive  expressed 
the  opinion  that  there  was  nothing 
to  fear.  Other  factors,  he  thought, 
would  be  more  important  than  the 
liquor  business. 

"And,  after  all,"  he  remarked,  "the 
picture  business  knew  its  greatest 
prosperity  in  the  old  days  when  the 
saloon  was  a  powerful  competition." 

In  the  Columbia  office,  something  of 
an  argument  developed  between  one  of 
the  branch  officials  and  an  out-of-town 
exhibitor  who  declared  the  return  of 
legal  liquor  would  make  things  tough 
for  a  long  time. 

"Beer  hit  us  hard,"  the  exhibitor 
declared.  "Everybody  that  had  a 
nickel  went  for  a  glass  of  beer  in- 
stead of  saving  several  nickels  and 
going  to  a  show." 

"Yes,  but  beer  came  in  just  at  the 
time  when  the  soft  drink  business 
would  have  been  a  big  factor  any  way, 
and  when  the  summer  slump  was  due," 
the  exchange  man  argued. 

"I  know,  but  there  are  IS  beer  par- 
lors within  a  stone's  throw  of  my 
house  and  you  can't  tell  me  they  aren't 
taking  business  away  from  me." 


Buffalo  Men  Discount 
Liquor  Sales'  Effects 

Htjtfalo,  Nov.  24. — Opinions  of 
three  representative  film  men  on  the 
effect  of  repeal  on  theatres: 

Dave  Miller,  Universal  exchange 
manager  and  new  president  of  the 
Buffalo  Film  Board  of  Trade:  "Re- 
peal will  have  no  direct  effect  on  the- 
atres. But  indirectly,  it  may  add  to 
the  money  in  circulation,  because  of 
increased  employment  in  the  legiti- 
mate liquor  business.  Films  will  get 
their  share  of  any  increase  in  money 
circulation." 

Charles  B.  Taylor,  publicity  direc- 
tor of  the  Shea  Enterprises,  operat- 
ing nine  theatres  in  Buffalo:  "None. 
People  on  the  way  to  pictures  don't 


A  Week  Too  Soon 

Milwaukee,  Nov.  24. — Dis- 
cussing exaggerated  theatre 
advertising,  L.  McMeekin, 
representing  the  Boston 
Store,  the  other  day  told  the 
yarn  of  the  kiddie  impressed 
by  the  copy  on  next  week's 
attraction  at  one  of  the  local 
first  runs.  Turning  to  her 
mother,  she  said: 

"We're  always  coming  to 
the  pictures  one  week  too 
soon,  aren't  we?" 

And  another  from  Mc- 
Meekin : 

"Exhibitors  are  prone  to 
exaggerate.  That  reminds  of 
one  fellow  who  just  left  a  pre- 
view and  ran  into  another  ex- 
hibitor. 

"'How  was  it?'  asked  the 
second. 

"  'Only  colossal,'  replied  the 
second." 


drink.    And   as  for  repeal — we   never 
had  anything  else  in  this  state." 

Richard  D.  Walsh,  publicity  direc- 
tor of  the  Lafayette :  "Repeal  will 
put  the  people  in  a  more  light-hearted 
mood.  They  will  spend  money  more 
readily  for  amusements  and  less 
money  for  drinking.  Americans  are 
determined  to  have  that  which  is  for- 
bidden them,  when  it  is  a  matter  of 
principle.  But  they  will  do  less  drink- 
ing when  it  no  longer  is  an  expression 
of  defiance." 


Theatres  Here  Told 
To  Cut  Hours  to  40 

(Continued  from  page  1) 

it  is  estimated  that  it  applies  to  520 
theatres,  about  420  of  which  are  mem- 
bers of  the  I.  T.  O.  A. 

In  issuing  the  order  Thomas  J.  Don- 
ovan, vice-chairman  of  the  NRA  bu- 
reau, admitted  theatres  might  have 
made  mistakes  in  working  their  em- 
ployes 52  hours  a  week  because  ex- 
emptions had  been  granted  when  the 
President's  blanket  agreement  was 
signed. 


{< 


Henry**  Cracks  All 
Records  in  Toronto 

Toronto,  Nov.  24. — For  the  first 
time  in  13  years  a  picture  has  been 
held  over  at  the  Imperial,  Canada's 
largest  house.  "The  Private  Life  of 
Henry  VIII"  went  into  its  second 
week  there  today.  The  picture  also 
broke  a  10-year  record  for  one-day 
receipts  for  this  house.  Manager  Jack 
Arthur  is  also  presenting  an  at- 
mospheric prologue  with  the  feature. 


"Invisible"  Piles 
Up  $42,000  at  Roxy 

Breaking  a  three  and  a  half  year 
record,  the  7th  Ave.  Roxy  grossed 
$42,000  for  the  first  seven  days  of 
Universal's  "The  Invisible  Man." 
The  picture  is  being  held  a  second 
week.  Admissions  during  the  week 
totaled  128,000,  which  also  chalks  up 
a  three  and  a  half  year  record. 


Producers  Sailing 

Gilbert  and  Mrs.  Miller,  Louis 
Dreyfus,  Stanley  Scott,  Camille  F. 
Wyn,  all  producers,  are  sailing  on 
the  He  de  France  today.  Ann  Green- 
way,  night  club  entertainer,  also  is 
on  board. 


Labor's  Help 
Is  Looked  for 
By  Kuykendall 


(Continued  from  page  1) 
on  a  basis   that   will   prove  fair  both 
to  labor  and  employers. 

Admitting  there  are  a  number  of 
things  in  the  code  that  he  doesn't  like 
and  that  some  things  were  left  out 
that  he  would  have  preferred  to  have 
had  in,  he  stated  that  if  any  of  the 
provisions  prove  unfair  in  practice 
they  will  be  changed  by  the  code  au- 
thority or  local  grievance  boards. 

Touching  on  the  double-feature 
problem  which  is  now  acute  here,  he 
said  that  while  it  had  been  impossible 
to  obtain  absolute  provisions  against 
such  exhibition  in  the  code,  there  is 
a  clause  providing  that  if  75  per  cent 
of  affiliated  and  75  per  cent  of  inde- 
pendent theatres  in  a  city  approve  re- 
strictions against  duals,  such  a  rule 
can  be  put  in  effect. 

This  is  at  variance  with  the  im- 
pression created  by  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt  in  his 
Atlanta  and  Milwaukee  speeches  to 
the  effect  that  dual  bills  had  been  left 
out  of  the  code  because  he  felt  he  had 
no  authority  to  include  anything 
which  might  injure  independent  pro- 
ducers. 


St.  Louis  Ushers 
Call  First  Strike 

{Continued  from  page  1) 
days  ago  that  the  organization  of  the 
first  ushers'  union  began. 

The  strike  began  yesterday  because 
an  usher  was  alleged  to  have  been  dis- 
charged for  his  union  activities.  Ed 
Burke,  secretary  of  the  union,  said 
that  the  union  is  seeking  recognition 
and  rigid  enforcement  of  the  NRA 
agreement.  Owners  and  managers  of 
all  theatres  say  they  are  living  up  to 
the  President's  blanket  agreement 
pending  the  signing  of  the  code  and 
are  limiting  ushers'  work  to  40  hours 
a  week.  The  wages  fixed  in  the 
agreement    are   being   paid,   they   say. 

The  new  union  is  affiliated  with  the 
Building  Service  Workers'  organiza- 
tion. 

Ed  Kuykendall  arrived  in  town  and 
commented  on  the  strike  by  saying 
the  industry  code  has  been  amended 
to  place  head  ushers  in  a  class  with 
assistant  managers  as  far  as  hours  of 
work  are  concerned.  The  only  pro- 
vision is  that  they  must  not  be  paid 
less  than  the  minimum  hourly  wage 
fixed  for  ushers. 


Richmond  Vaude  Ends 

Richmond,  Nov.  24. — The  National 
will  discontinue  vaudeville  tomorrow 
night. 

The  National  started  vaudeville  five 
weeks  ago.  Prior  to  that  time,  Rich- 
mond had  had  no  vaudeville  for  sev- 
eral years  and  the  cancellation  of  the 
National  contract  will  leave  the  city 
again  without  a  variety  house. 


M-G-M  Changes  Titles 

Hollywood,  Nov.  24. — M-G-M  has 
changed  two  titles.  "The  Comeback" 
is  now  "The  Woman  in  His  Life"  and 
"The  Vinegar  Tree"  has  been 
switched  to  "Should  Ladies  Behave?" 


Fox  Charges 

$15,000,000 

"Disappeared'' 


(Continued  from  page  1) 

Huston  was  told  by  Wiggin  to  tell 
the  President  to  "mind  his  own  busi- 
ness" elicted  a  statement  from  Fred- 
erick W.  Gehle  of  the  bank  that  Wig- 
gin  denied  the  entire  episode. 

Fox  continued  his  story  of  his  re- 
peated efforts  to  secure  financial  aid 
for  his  tottering  corporations  and  the 
stone  walls  against  him  when  he  ran 
in  every  direction,  including  the  de- 
mand of  Dillon,  Read  &  Co.  for  $1,- 
500,000  collateral  for  a  $500,000  loan. 

Discouraging  conditions  confronted 
him  wherever  he  turned,  he  told  the 
committee,  declaring  that  he  employed 
a  number  of  attorneys  only  to  dis- 
charge them  because  he  found  they 
were  working  for  the  bankers  instead 
of  for  him. 

Detailing  a  sale  of  Loew  stock  held 
by  Fox  Theatres  and  worth  about 
$48,000,000  to  Fox  Film  at  a  price  of 
$75,000,000,  Fox  declared  the  money 
was  used  by  the  theatre  company  to 
pay  its  obligations  on  the  Loew  stock 
and  about  $15,000,000  was  left. 

"No  one  knows  where  it  went  to," 
he  asserted.  "There  has  never  been 
any  effort  to  say  where  it  went,  but 
1,300  or  1,400  honest  people  paid  $25 
or  $3Q  a  share  for  the  stock  of  the 
company." 

The  committee  will  conclude  its 
study  of  the  film  industry  on  Monday 
with  a  final  questioning  of  Harley  L. 
Clarke. 


Coast  Houses  Talk 
Truce  With  lATSE 

(Continued  from  page  1) 
town    and    Hollywood,    a    truce    is    in 
prospect  between  theatre  owners   and 
Local    33,    I.A.T.S.E. 

The  union  today  called  for  the  em- 
ployment of  two  electricians  and  a 
swing  man  at  the  former  wage  scale, 
instead  of  three  men  at  $55.50  each 
per  week. 


Schulherg  Signs  March 

Hollywood,  Nov.  24. — Despite  the 
fact  that  Paramount  and  Fredric 
March  failed  to  get  together  on  a 
new  contract,  B.  P.  Schulberg  has 
signed  the  actor  for  one  picture  be- 
fore going  to  20th  Century.  He  will 
play  opposite  Sylvia  Sidney  in  "Good 
Dame." 


CLASSIFIED 
DIRECTORY 

WHERE    TO  GET 
WHAT    YOU    WANT 


EQUIPMENT 


S.   O.    S.   CORPORATION 

Used  Equipment  Bought  ind  Sold 

Larcest  Clearing  Houa«  In  Show  Buiineii 

1600  Broadway         CH.   4-1717         New  York  Cltf 


PROJECTION  ROOMS 


AUDIO  FtTBLIX  PROJECTION  ROOM,  INC. 
Efficient   Scrrlra   with   BCA    Sound — Lowest    Ratei 
Room    714,    630    -    9th    Are.,    CHlekerinc    4-6413 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  '\ 

Faithful.    5 
Service  to' 
the  Indt^try 
in  All 
Branches 


VOL.  34.    NO.  125 


NEW  YORK,  MONDAY,  NOVEMBER  27,  1933 


TEN  CENTS 


Code  Signing 
Outlook  Still 
Is  Uncertain 


Johnson  at  Warm  Springs 
Silent  on  Prospects 


Warm  Springs,  Nov.  26. — Adminis- 
trator Hugh  S.  Johnson  admits  the 
film  code  is  among  the  25  he  brought 
here  with  him  for  study  by  the  Presi- 
dent, but  he  maintains  silence  as  to 
when  any  of  them  will  be  signed. 

Washington,  Nov.  26. — Recovery 
Administration  officials  were  com- 
pletely in  the  dark  as  to  the  prospects 
of  early  signing  of  the  film  code  when 
questioned  yesterday.  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  and 
Col.  W.  R.  Lea  left  for  Philadelphia 
to  attend  the  Army-Navy  game. 


F.  W,  C,  to  Open  U,  A. 
On  Two-a-Day  Basis 

Hollywood,  Nov.  26. — Inaugurating 
a  new  policy,  the  United  Artists  on 
Wilshire  Boulevard,  now  under  the 
jurisdiction  of  F.  W.  C,  will  be 
opened  Nov.  29  on  a  two-a-day  basis 
at    $1    top,    all    seats    reserved. 

The  first  picture  will  be  "Berkeley 
Square,"  with  "The  Private  Life  of 
Henry  VHI"  booked  for  second  place. 

Bruce  Fowler,  former  division  man- 
ager for  F.  W.  C,  takes  over  the 
managerial    duties. 


Memphis  Mayor  Bans 
Sales  to  Standees 

Memphis,  Nov.  26. — Mayor  Over- 
ton has  issued  an  order  to  local  thea- 
tres that  they  must  refrain  from 
utilizing  standing  room  when  all  seats 
are  sold. 

No  tickets  will  be  sold  at  any  box- 
office  while  the  house  is  full,  except 
where  there  is  provision  for  abundant 
standing   room   in  the  lobby. 

The  ruling  was  made  because  of 
crowds    which    thronged    the    Warner 

(Continued  on  page  6) 


"Cavalcade"  Given 
High  German  Praise 

Berlin,  Nov.  26. — "Cavalcade"  has 
won  the  support  of  the  German  press 
and  public.  This  is  regarded  as  sur- 
prising since  the  film  glorifies  British 
nationalism.  To  the  Berliner  Volks- 
seitmig  it  is  "a  masterpiece."  Film- 
kurier  refers  to  it  as  "this  great  film 
work."  "A  gigantic  work"  is  the 
Berliner  Morgenpost's  description  of 
it.  "An  achievement  without  equal," 
the  8  Uhr  Abendblatt  terms  it. 


Poli-Sagal 
Take  Circuit 
Over  Nov.  29 


Outside  Management  Deal 
Off,  Sagal  Says 


S.  Z.  Poli  and  Louis  M.  Sagal  are 
definitely  set  to  resume  operation  of 
the  Fo.K  New  England  circuit  when 
the  houses  revert  to  Poli-New  Eng- 
land. Because  of  delays  by  attorneys 
handling  the  reorganization,  the  18 
theatres  are  now  slated  to  pass  to 
Poli-New  England  on  Wednesday. 
Originally,  it  had  been  contemplated 
the  houses  would  change  management 
Nov.  15.  This  was  set  back  to  Nov. 
21,  and  now  the  deal  is  expected  to 
be  completed  Nov.  29. 

All  negotiations  for  a  management 
deal  are  off,  Sagal  told  Motion  Pic- 
ture Daily  on  Saturday.  Poli  and 
Sagal  themselves  will  enter  into  a 
three-year  management  pact  with 
Poli-New  England  Corp.  in  accor- 
dance with  the  reorganization  plans. 
Several  deals  for  the  circuit  were 
under  way,  including  offers  from 
Loew's  and  Harry  C.  Arthur.  Loew's 
and  Arthur  are  understood  to  have 
offered  $10,000  a  week  rental  for  the 
group. 

Sagal  says  he  does  not  relish  the 
idea  of  going  back  into  the  theatre 
business  as  he  is  "getting  old  now," 
and  prefers  to  take  a  long  vacation. 
He  also  declared  no  executive  set-up 
of    Poli-New    England    had    yet   been 

(Continued  on  page  6) 


Production  Down; 
38  Films  in  Work 

Hollywood,  Nov.  26. — Coast  produc- 
tion activity  dropped  this  week  with  38 
features  in  work  as  compared  to  48 
last  week.  However,  there  is  hope  of 
an  early  increase  in  activity,  due  to  the 
fact  that  23  features  in  final  stages  of 
preparation  are  scheduled  to  start 
within  the  next  two  weeks.  Fifty-six 
features  are  in  the  cutting  rooms.  The 
short    subject    producers     report    but 

(Continued  on  page  7) 


Colossal! 

Hollywood,  Nov.  26.— Feel- 
ers have  been  sent  out  to  Sid 
Grauman  to  assume  the  re- 
sponsibility of  staging  a 
grand  premiere  opening  of 
Boulder  Dam  when  the  first 
drop  of  water  comes  over  the 
parapet.  One  wiseacre  went 
so  far  as  to  suggest  that  he 
bring  Niagara  Falls  here  for 
the  prologue. 


San  Francisco 
Holds  Repeal 
Theatre  Help 

San  Francisco,  Nov.  26. — Most 
theatre  men  here  regard  repeal  as  a 
prospective  benefit  to  their  business. 
Patronage  may  be  hurt,  they  say,  dur- 
ing a  short  period  when  legal  liquor 
is  a  novelty,  but  the  general  tendency, 
they  predict,  will  be  to  put  people  in 
a  spending  mood  and  stimulate  their 
desire  for  entertainment. 

A.  M.  Bowles,  northern  division 
manager  for  F.W.C.,  says :  "Increased 
freedom  in  drinking  will  keep  some 
theatregoers  away  for  a  brief  period, 
but  conditions  will  soon  become  nor- 
mal and  I  don't  look  for  any  adverse 
effects  at  the  box-office." 

"I  think  repeal  will  have  immediate 
benefits,"  declares  George  Mann, 
president  of  Redwood  Theatres,  Inc., 
and  National  Theatres  Syndicate. 
"Drinking  without  legal  restrictions 
and  the  desire  for  entertainment  go 
hand  in  hand.  When  people  feel  good 
it  is  a  natural  inclination  to  want  to 
go  to  shows.     This,  coupled  with  the 

(Continued  on  page  6) 


Safron  Calls  Meet 
Of  Col.  Branch  Men 

Los  Angeles,  Nov.  26. — All  west- 
ern branch  managers  of  Columbia 
will  meet  tomorrow  in  San  Francisco 
for  a  special  sales  session.  Jerome 
Safron,  western  district  manager, 
sent  out  the  call  and  will  preside  at 
the   confab. 


Grosses  in  November  Drop 
Under  High  October  Marks 

October  grosses  in  22  key  cities  started  off  with  a  rush  and  climbed  steadily 
to  a  high  of  $1,581,308  during  the  week  ending  Oct.  20-21,  but  November  has 
failed  to  maintain  the  pace. 

There  has  been  a  gradual  decline  since  then  until  the  total  for  144  theatres 
was  down  to  $1,375,132  for  the  week  ending  Nov.  17-18. 

(Continued  on  page  6) 


Sears  Slated 
To  Head  All 
Warner  Sales 


Report     Leserman     Will 
Get  Western  Post 


Chicago,  Nov.  26. — Gradwell  L. 
Sears,  western  sales  manager  for  War- 
ners, is  slated  to  assume  full  charge 
of  the  company's 
selling  m  a  - 
chinery  under 
the  general  su- 
pervision of 
Major  Albert 
Warner  while 
Carl  Leserman, 
currently  dis- 
trict manager 
with  headquar- 
ters here,  will 
succeed  Sears 
with  headquar- 
ters in  New 
York. 

These  promo- 
tions in  the 
Warner  ranks  are  taken  for  granted 
and  widely  accepted  as  the  facts  in 
an  announcement  to  be  made  shortly 
in  New  York  by  well-informed  local 
film  men. 

Leserman  has  been  in  New  York 
for  a  couple  of  weeks  on  detail 
reputedly  attendant  upon  his  move  up 
the  ladder  into  his  new  post.  It  is 
understood  Edward  Grossman,  until 
recently  with  United  Artists  here, 
will   be   Leserman''s   successor. 


Gradwell  Ij.  Se.irs 


Efforts  to  confirm  the  above 
changes  with  Major  Warner  and 
Sears    on    Saturday    were    unavailing. 

Neither  was   in  town. 


Duals  Spread  Among 
St,  Louis  De  Luxers 

St.  Louis,  Nov.  26.— With  the  St. 
Louis,  Fox,  Missouri  and  Grand  twin 
billing,  only  two  de  luxe  houses  are 
on  the  single  feature  policy.  They  are 
the  Ambassador  and  Loew's.  Man- 
agers of  these  two  houses  are  receiv- 
ing requests  to  add  another  feature 
with  the  single  film  and  stage  show 
policy,  which  may  result  in  adoption 
of  dual  feature  and  stage  show  pro- 
gram. 


ITOA  to  Ease  Its 
Film  Buying  Strike 

Easing  of  the  local  film  buying 
strike  is  seen  in  the  latest  move  of 
the  I.T.O.A.,  which  has  advised  its 
members  that  they  can  now  negotiate 
new  product  deals  provided  percen- 
(Continued  on  pa^e  6) 


MOTION  PICTURE 

DAILY 


Monday,  November  27,   1933 


MOTION  PICTURE 

DAILY 

(Registered    V.    S.    Patent   Office) 


Vol.    54 


November 


1955 


No.    125 


Martin    Quigley 
llditor\nChief   and   Publisher 


m 


MAURICE    KANN        ^A, 

Editor 

JAMES  A.  CRON 

.Idvertising    Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin Quigley,  President;  Colvin  Brown, 
Vice-President     and     Treasurer. 

Publication  Office:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quigpubco,  New  iork."  All  con- 
tents copyrighted  1933  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:  Pacific  States  Lite 
Building,  \ine  and  Yucca  Streets,  Fictor 
M.  Shapiro,  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford. 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rulenberg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
tiorizia.  l''ittorio  Malpassuti,  Rei)resentati\'e; 
Sydney  Bureau:  102  Susse.x  Street,  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hcvesi, 
Representative. 

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. 


Contest  of  Arrests 
Starts  in  Buffalo 

BiFF.ALO,  Nov.  26.— Buffalo  city 
court  will  have  to  decide  the  winner 
in  a  mutual  arrest  battle.  Nathan 
Boasberg.  manager  of  the  Palace, 
combination  film  and  burlesque  house, 
had  James  Murphy,  strike  picket, 
arrested  on  a  charge  of  molesting 
people  in  front  of  the  theatre.  Murphy 
then  had  Boasberg  arrested  on  a 
charge  of  interfering  with  his  activi- 
ties on  the  public  highway.  The  police 
let  it  go  at  that,  refusing  to  act  them- 
selves, and  advising  the  two  complain- 
ants to  tell  it  to  the  judge. 

The  double  arrest  was  the  climax 
of  labor  troubles  of  several  weeks' 
standing,  following  a  strike  of  stage- 
hands. 


Max  Leo  Buried 

Funeral  services  were  held  yesterday 
at  the  Riverside  Memorial  Chapel 
for  Max  Leo.  78,  who  died  l-"riday  at 
Lakewood.  N.  J.  liurial  was  at  Salem 
Fields.  Brooklyn,  with  his  wife,  sons 
and  daughters  in  attendance.  Joe  Leo 
flew  in  from  the  coast  to  attend  the 
services.  Others  attending  included 
lack.  Benjamin  and  Martin  Leo; 
William  and  Mrs.  Fox,  Mrs.  Bess 
Rosenblum  and  Mrs.  Sadie  Sareky. 


Dintenfass  Services 

Funeral  services  for  Mark  M.  Din- 
tenfass, film  pioneer,  who  died  Thurs- 
day at  his  home  in  Grantwood,  N.  J., 
were  held  at  the  Riverside  Memorial 
Chapel  yesterday  afternoon.  Burial 
was  in  the  FerncIifT  Cemetery,  West- 
chester County. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Girl  Without  a  Room" 

(Rogers-Paraiiioimt) 

Hollywood,  Nov.  26.— "Girl  Without  a  Room"  moves  right  along 
from  beginning  to  end  with  an  adroit  mixture  of  laughs,  romance,  senti- 
ment and  touches  of  drama,  transferred  to  the  screen  in  expert  fashion 
by  Ralph  Murphy  despite  thinness  of  story. 

The  story  shows  Charles  Farrell  as  an  American  art  student  who 
wins  a  scholarship  that  lands  him  in  Paris  where  a  rapid  succession  of 
humorous  events  takes  place  in  an  art  colony.  The  situations  are  fortified 
by  smart,  rapid  fire  dialogue,  penned  by  Frank  Butler  and  Claude  Binyon. 
Charles  Ruggles  provokes  most  of  the  laughs. 

It  takes  both  Farrell  and  Marguerite  Churchill  from  the  beaten  path 
of  romantic  characterization  and  makes  somewhat  of  a  comedian  and 
comedienne  out  of  each.  Walter  Woolf  makes  his  screen  debut  in  fine 
fashion.  The  man  has  screen  personality,  a  marvelous  voice  and  should 
go  far.  Grace  Bradley,  portraying  the  part  of  a  Russian  gold  digger, 
gives  a  fine  performance,  with  Gregory  Ratof¥  displaying  his  wares  in 
impressive  fashion  through  his  passion  to  wear  outlandish  uniforms. 

The  settings  give  sufficient  production  value,  enhanced  with  good 
photography  by  Leo  Tover.  Music  scored  to  poetic  dialogue  from  the 
pens  of  Will  Jason  and  Val  Burton  is  commendable.  With  all  this  taken 
into  consideration  the  picture  should  click  in  any  man's  theatre. 


Looking  ^Em  Over 


"Myrt  and  Marge" 

(  Universal) 

Comedy  runs  riot  in  this  musical  with  Myrt  and  Marge  of  radio  fame 
as  headliners.  Actually,  Ted  Healy  and  his  gang  furnish  all  the  laughs 
with  Eddie  Foy,  Jr.,  assisting  with  his  neat  routine  of  dance  and  song. 
Some  of  the  gags  are  a  bit  spicy.  With  the  names  of  the  air  person- 
alities, the  vaudeville  topliners,  Trixie  Friganza,  Grace  Hayes,  Thomas 
Jackson  and  J.  Farrell  MacDonald,  plus  some  swell  dance  routines, 
songs  and  patter,  this  musicomedy  is  first  class  entertainment.  There 
are  plenty  of  exploitation  possibilities. 

The  story  pivots  about  a  show  about  to  be  produced  by  MacDonald 
when  he  and  his  backers  walk  out  on  it.  Myrt  Spear  takes  it  over, 
interests  Jackson  in  financing  it  and  stays  on  as  manager.  The  new 
promoter  falls  in  love  with  Marge  Minter,  whose  time  is  being  taken 
up  by  Foy,  Jr.  When  he  sees  his  efforts  failing,  Jackson  attempts  a 
walkout,  and  goes  through  with  it  after  Foy  beats  him  up  for  trying  to 
crash  Marge's  room.  Miss  Friganza,  the  heroine's  mother,  comes  to 
the  rescue,  and  buys  the  show  and  it  later  proves  a  howling  success 
when  it  finally  reaches  New  York. 

Healy  and  his  gang  are  "prop"  men  with  the  show,  bobbing  in  and 
out  to  make  the  affair  interesting  and  lively.  It  smacks  of  showmanship 
throughout.  Al  Boasberg,  who  knows  the  theatre  and  his  background, 
directed. 

(Continued  on   page   7) 


Trading  Light— Issues  Steady 

Net 

High      Low      Close    Change  Sales 

(onsolidated     Film    Industries 3              3             3            ,/  .^^ 

Consfilidated    Film   Industries,  pfd 914          91/          91/              ^*  ,[S 

Eastman   Kodak gQ,/,        7914        79^        —y  ^ 

lathe  Exchange     A    n%        II            n^,        +^  1,300 

^'l^er-.w;:;:::::::::::::::;::::::::::::::::::::::;:  ^     I,     %,    -^  - 
Technicolor  Only  Curb  Issue 

Net 

High      Low      Close    Change  Sales 

Tcchficolor   ,oj^        ,0,^         ^^y^        _^  ^^ 

Bonds  Remain  Unsteady 

.       .  Net 

High      Low      Close    Change  Sales 

^^VvT^I'ir":'"'.''.:''''' 47'^^        4^^        4f»        T/«  2 

p:^:^<;^;VL.t!'^':!!::::::::::::::::::::::;:::::^^    I'     l\     v  ^l 

Paramount    Publix   S^s.    '50 Ts'A        24            24           ~]  7 

VVarner  Bros.  6s  '39  wd 41            40            40           — j  3 


i  Purely 
Personal  ► 


SYDNEY  TOWELL,  treasurer  of 
Fox,  and  Mrs.  Towell  return  on 
the  Santa  Paula  tomorrow.  Also  on 
the  same  liner  are  Mrs.  Frank  Lloyd, 
wife  of  the  director,  and  Mrs.  Jacob 
Paley,  aunt  of  William  S.  Paley, 
president  of  CBS. 

Gary  Cooper,  Margaret  Sulla  van 
and  Sarj  Maritza  will  appear  in  a 
travesty  on  one  of  the  sequences  of 
"Design  for  Living"  at  the  Para- 
mount  the   week  of   Dec.    1st. 

Samuel  J.  Briskin,  general  man- 
ager of  the  Columbia  studio,  sailed 
Saturday  for  a  month's  trip  abroad. 
Mrs.  Briskin  is  with  him. 

Edward  Qarvie,  character  actor,  has 
been  added  to  the  cast  of  "Social 
Register,"  Marshal  Neilan  picture  in 
work  at  the  Eastern  Service  Studios. 

Eddie  Dowling  is  visiting  Notre 
Dame  University  with  Frank  C. 
Walker,  vice-president  of  Amalga- 
mated  Vaudeville. 

Joseph  Bernhard  and  Willard  C. 
Paterson  of  Warners  are  doing  a 
lot  of  commuting  between  New  York 
and   Philadelphia  these  days. 

Ed  Selzer  is  up  to  his  ears  in  work 
since  his  boss,  S.  Charles  Einfeld, 
left  for  the  coast  on  a  four  weeks' 
trip. 

Joseph  S.  Barkety,  manager  of 
Warners'  Chile  office,  and  family 
arrive  tomorrow  on  the  Santa  Maria. 

Elissa  Landi's  mother,  the  Coun- 
tess Caroline  Zanardi  Landi,  sailed 
Saturday  on  the  Conte  di  Savoia. 

Gypsy  Nina,  radio  singer,  has  been 
engaged  to  headline  at  the  Roxy 
starting  Thursday. 

Charles  L.  O'Reilly  spent  Satur- 
day in  Philadelphia  watching  the 
Army  and  Navy  game. 

Charles  Baron,  U.  A.  exploiter, 
has  returned  from  Buffalo. 

Carl  Laemmle  hasn't  definitely  de- 
cided  when   he'll   leave  for  the  coast. 


THE 
MAYFLOWER 

61st  STREET,  (Central  Park  West) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3   Rooms.     Full  Hotel  Service 

FURNISHED    OR     UNFURNISHED 

By  the  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


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(Note:  Herewith  ore  reproduced 
two  of  the  ads,  used  by  the 
Roxy  Theatre  in  the  New  York 
newspapers  to  start  the  record 
crowds  o-coming.) 


sictfl*  Shp'-: 


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JAMES  WHALE 


Starring 

CLAUDE   RAINS 

With  GLORIA  STUART,  William  Harrlgan, 
Dudley  Digges,  Una  O'Connor,  Henry  Travers^ 
Forrester  Harvey  Screenplay  by  R.  C.  Sherrirr. 
Produced  by  Carl  Laemmie,  Jr.  Presented  by 
Carl  Laemmle. 

Another  big  one  from 

UNIVERSAL 


The  Motion  Picture  Daily  reports:  ''With 
'invisible  Man'  grossing  $26,000  for  the 
first  three  days  at  the  7th  Ave.  Roxy, 
Howard  S.Cullman  anticipates  a  $40>000 
week,  which  would  break  the  record  for 
the  last  three  and  one  half  years !  •  •  • 
Because  business  held  up  tremendously 
yesterday  (Nov.  20)  the  Universal  pic- 
ture is  being  held  for  a  second  week !" 

and  in  Chicago- 

"Invisible  Man"  knocked  the  Loop  for  a 
loop  at  the  Palace.  Immediately  Balaban 
&  Katz  knocked  the  long-run  policy  of 
the  Roosevelt  Theatre  for  another  loop 
and  booked  in  "Invisible  Man"  for  a  run 
at  that  theatre  — after  it  played  the 
Palace!  it's  that  kind  of  a  picture! 


MOTION  PICTURE 

DAILY 


Monday,  November  27,   1933 


San  Francisco 
Holds  Repeal 
Theatre  Help 


(Continued  from  page  1) 
fact  that  the  liquor  industry,  in  every 
phase,  means  the  spending  of  more 
money — for  distribution,  for  payrolls, 
for  distilling,  advertising  and  supplies, 
makes  for  an  inevitable  spending  of 
some   of   that    money    at    box-offices." 

"There  will  be  more  business  to  go 
around,"  says  Edward  Fitzgerald, 
Orpheum  manager.  "My  guess  is  that 
after  repeal  the  entire  country  will 
benefit.  In  the  San  Francisco  bay 
region  I  think  the  effect  one  way  or 
the  other  will  be  negligible."' 

Similar  sentiments  were  expressed 
by  James  Nasser  of  Nasser  Brothers, 
operators  of  seven  district  theatres ; 
Irving  C.  Ackerman  of  the  Casino, 
A.  E.  Levin  of  San  Francisco 
Theatres,  Inc.,  and  Morgan  Walsh, 
vice-president  and  general  manager  of 
Redwood. 

Hines  of  Cleveland 
Sees  Repeal  as  Help 

Cleveland,  Nov.  26.  —  "Repeal 
cannot  possibly  hurt  our  business,  but, 
on  the  contrary,  should  improve  it  be- 
cause a  little  wine  with  dinner  makes 
people  more  entertainment  minded." 

This  is  the  opinion  of  Frank  Hines, 
manager  of  the  RKO  Palace  and  a 
showman  for  the  past  18  years. 

"I  do  not  look  for  any  immediate 
business  improverrtent,"  Hines  went 
on  to  say  in  presenting  his  views  of 
the  relation  of  repeal  to  the  amuse- 
ment business.  "Things  generally  will 
have  to  pick  up  before  we  can  expect 
much  of  a  reaction.  But  when  money 
is  loose,  people  will  dine  out  more 
than  they  are  now  doing.  Convivial 
dinners  will  replace  the  present-day 
late  entertainment,  and,  following  din- 
ner, the  public,  in  my  opinion,  will 
follow  the  old  custom  of  attending  a 
show. 

"We  may  have  a  period  of  beer 
and  wine  gardens  with  floor  shows  as 
theatre  competition,  but  I  believe  this 
will  be  only  temjKirary,  if  at  all. 

"I  think  that  the  licensed  sale  and 
purchase  of  liquor  and  wines  will 
eventually  bring  more  j>eople  back  to 
the  theatres  ajid  will  bring  them  back 
as  regular  customers." 

Contrasted  with  these  views  are 
those  of  I'rank  N.  Phelps,  Warner 
zone  manager.  He  says  he  doesn't 
think  repeal  will  have  any  effect  one 
way  or  the  other. 

"It  will  continue  to  be  the  show 
that  will  determine  theatre  attend- 
ance," he  says. 

No  Liquor  in  Texas; 
Beer  Not  a  Problem 

San  Antonio,  Nov.  26. — Optimism 
prevails  among  local  theatre  men. 
Prohibition  repeal  is  not  expected  to 
cut  any  figure  at  box-offices,  but  re- 
employment should  send  receipts  to 
higher  levels. 

Texas  still  prohibits  hard  liquor, 
but  3.2  beer  has  been  legalized.  Any- 
thing above  that  figure  is  barred.  In 
this  climate  beer  always  has  been  a 
popular  beverage.  Before  long,  as  in 
pre-prohibition  days,  beer  gardens 
are  expected  to  be  revived.  This 
should  add  greatly  toward  a  return  of 
the  old-time  theatre  going  habit. 


Grosses  in  November  Drop 
Under  High  October  Marks 

(Continued  from  page  1) 

The  statistical  story  is  told  in  the  following  comparative  charts : 


Week  Ending 
Nov.  17-18 

A., 


No.  Theatres       Gross 

Boston    6  $122,000 

Buffalo    6  50,200 

Chicago    6  103,800 

Cleveland    6  31,500 

Denver     6  41,700 

Des  Moines   5  29,000 

Detroit    6  61,000 

Indianapolis    5  22,500 

Kansas  City    4  41,500 

Los  Angeles    12  124,500 

Minneapolis    5  23,500 

Montreal    4  36,500 

New  York    12  264,982 

Oklahoma   City    5  24,700 

Omaha    4  30,750 

Philadelphia    10  74,900 

Pittsburgh     6  35,900 

Portland    7  50,900 

Providence    6  40,500 

San   Francisco    11  107,800 

St.   Paul    5  17,500 

Seattle    8  39,500 

144  $1,375,132 


Week  Ending 

Nov.  10-11 

No.  Theatres 

Gross 

6 

$116,500 

6 

55,800 

6 

115,000 

6 

49,500 

5 

34,600 

5 

29,000 

6 

69,600 

5 

21,500 

4 

30,200 

11 

101,200 

5 

22,800 

4 

40,500 

12 

279,785 

4 

13,700 

4 

23,000 

11 

91,600 

6 

32,875 

6 

27,600 

6 

49,200 

10 

115,700 

5 

16,400 

8 

43,500 

141 


$1,379,560 


Comparative  grosses   for  the  last  eight  weeks,   compiled  from  day-by-day 
box-office  reports  published  in  Motion   Picture  Daily  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 


Theatres  Grosses 

135  $1,342,710 

141  1,417,886 

143  1,544,838 

141  1,581,308 

143  1,509,422 

142  1,500,740 

141  1,379,560 

144  1,375,132 

(Copyright,   1933,  Quigley  Publications) 


Employment  is  increasing,  adding 
to  the  purchasing  power  of  the  peo- 
ple. Four  thousand  men  have  just 
been  put  to  work  on  public  works. 
More  will  follow. 

Box-office  grosses  are  15  per  cent 
above  the  corresponding  period  a  year 
ago.  This  has  been  brought  about  by 
raising  the  prices  of  first  runs  to  50 
cents  top  and  eliminating  the  25-cent 
bargain  matinee  from  11  A.  M.  to  1 
P.  M.  The  25-cent  matinee  has  al- 
ways rankled  with  theatre  men.  Not 
only  was  it  a  nuisance,  but  it  cut  down 
grosses,  especially  at  night  as  women 
flooded  the  theatres  during  these  mati- 
nees. Now  they  wait  until  night  and 
attend   with   the  whole   family. 

Managers  eventually  agreed  to  cut 
out  this  nuisance,  and  with  telling 
effect. 


Paul  at  Middletown 

MiiH)LET0WN,  O.,  Nov.  26. — Marc 
J.  Wolf,  general  manager  of  the  Taft 
circuit,  with  headquarters  at  Hamil- 
ton, has  named  p:d  C.  Paul  city  man- 
ager here  in  charge  of  the  Paramount 
and  Strand,  succeeding  Nat  Turberg. 
Paul  previously  was  general  manager 
of  the  Gus  Sun  booking  offices  at 
Springfield. 


Glazer  on  Coast  Today 

Hollywood,  Nov.  26. — Benjamin 
Glazer,  Paramount  associate  producer, 
arrives  Monday  from  New  York, 
where  he  has  been  for  several  weeks 
on  business. 


Small  Iowa  Houses 
Showing  S.R.O,  Signs 

Des  Moines,  Nov.  26.— S.  R.  O. 
signs  are  appearing  with  marked  regu- 
larity on  small-town  Iowa  theatres, 
which  are  feeling  a  distinct  upturn. 
Four-night-a-week  houses  in  all  parts 
of  the  state  are  going  on  a  full  sched- 
ule, and  the  old  10-cent  scale  has  been 
boosted  to  15  cents  and  20  cents  in 
many  towns.  The  upswing  is  also  be- 
ing felt  here  and  in  Sioux  City,  Cedar 
Rapids,  Davenport  and  Council  Bluffs. 
Des  Moines'  gross  for  its  five  first 
runs  for  several  weeks  has  be^n  hov- 
ering around  a  $30,000  total,  in  com- 
parison with  the  $24,500  average  for 
the  last  three  years.  NRA  and  better 
pictures  are  credited. 


Lee,  Depperman  Resign 

Leon  Lee  and  William  Depperman 
have  resigned  from  the  United 
Artists  publicity  and  advertising  de- 
partment. Charles  Leonard  has  re- 
placed Lee  and  Hal  Sloane,  formerly 
of  Trans  Lux,  has  supplanted  Depper- 
man. 


Form  Tri-State  Corp. 

Seattle,  Nov.  26. — E.  F.  Bailey  and 
Fred  H.  Reece  have  organized  the 
Tri-State  Film  Corp.  here  to  dis- 
tribute independent  product  in  the 
northwest.  Their  first  releases  will 
include  10  Harold  Lloyd  short  come- 
dies with  synchronization. 


Poli-Sagal 
Take  Circuit 
Over  Nov.  29 


(Continued  from  page  1) 

made  and  that  elections,  or  appoint- 
ments, will  be  made  around  Nov.  29, 
when  he  expects  the  new  corporation 
to  take  over  the  18  theatres  officially. 
A.  J.  Vanni,  nephew  of  Poli,  will 
hold  an  executive  post. 

Within  the  next  month  Halsey, 
Stuart  &  Co.  will  issue  a  list  of  new 
securities  for  Poli-New  England. 
There  will  be  an  issue  of  $7,074,200 
in  first  mortgage  five  per  cent  bonds, 
due  1958;  $7,084,200  in  general  mort- 
gage five  per  cent  income  bonds,  due 
1983;  $600,000  in  five  per  cent  unse- 
cured income  notes,  due  1958;  5,000 
no  par  value  common  stock. 

Interest  amounting  to  $166,877.23, 
or  $47  a  debenture,  has  been  paid  to 
the  holders  of  $3,326,000  in  first  mort- 
gage    bonds    during     the     last     year. 


ITOA  To  Ease  Its 
Film  Buying  Strike 

(Continued  from  page  1) 

tage  terms  are  eliminated  from  all 
contracts. 

Although  the  executive  committee 
of  the  exhibitor  organization  has 
conferred  with  Jules  Levy,  general 
sales  manager  of  Radio,  no  agree- 
ment has  been  reached  on  differences 
over  the  distributor's  sales  policy. 

Fully  recovered  from  an  attack  of 
the  grippe,  Harry  Brandt  will  pre- 
side at  the  next  meeting  of  the  unit 
tomorrow. 


Memphis  Mayor  Bans 
Sales  to  Standees 

(Continued  from  page  1) 

for  the  first  night  showings  of  "Foot- 
light  Parade."  The  Warner  manage- 
ment said  the  ruling  cut  heavily  into 
its  receipts  the  following  day  becaust 
many  patrons  who  might  have  stood 
for  a  few  moments  and  then  found 
seats  were  unwilling  to  wait  outside. 


Jones  Calls  Off  Tour 

Hollywood,  Nov.  26. — Buck  Jones 
has  called  off  his  personal  appearance 
tour  until  after  he  makes  one  more 
picture  for  Universal.  The  cowboy 
star  had  planned  an  extensive  tour 
that  would  appeal  to  the  thousands  of 
Buck  Jones   Ranger  Clubs. 


Warners  Recall  Cagney 

Hollywck)d,  Nov.  26. — Warners 
have  recalled  James  Cagney  from  a 
vacation  with  orders  to  report  to  the 
studio  at  once  to  begin  "The  Heir 
Chaser."  Cagney  was  resting  at  Car- 
mel  when  the  order  arrived. 


McConville  Back  Today 

Joe  McConville,  supervisor  of  sales 
for  Columbia,  returns  from  a  swing 
through  the  middle  west  today.  Re- 
ports received  from  him  are  that 
business    is   on   the   upswing. 


Charles  Hicks  Passes 

Baltimore,    Nov.    26. — Charles    E.  • 
Hicks,      owner      of      the      Hampden, 
recently  passed  away.     His  son,  Wil- 
liam,   will    continue    to    operate    the 
theatre. 


Monday,  November  27,    1933 


MOTION  PICTVRE 

DAILY 


Production  Down; 
38  Films  in  Work 

(Continued  from  page  1) 
three  in  work,  15  preparing  and  26  in 
the  cutting  rooms. 

M-G-M  has  five  in  work,  three  pre- 
paring and  10  editing ;  Fox  shows 
five,  three  and  three ;  Paramount  seven, 
two  and  four ;  Roach  has  one  editing ; 
United  Artists  reports  one  preparing 
and  six  editing ;  Universal  two,  zero 
and  six ;  Columbia  three,  three  and 
two ;  Warners  seven,  four  and  12 ; 
Radio,  one,  two  and  six.  Independents 
have  eight  working,  five  preparing  and 
six  editing. 


Studio  Chest  Drive 
Nets  Half  of  Quotas 

Hollywood,  Nov.  26. — Studies  have 
sailed  over  the  half  way  marker  in  the 
current  Community  Chest  drive,  hav- 
ing raised  $113,595,  or  56.7  percent  of 
the  quota,  which  is  $200,000,  accord- 
ing to  a  report  made  by  B.  B.  Kahane, 
executive  of  the  film  division  of  the 
Community  Chest. 

Columbia  led  the  studios  in  contri- 
butions, having  already  gone  over  the 
top  with  more  yet  to  come.  Studio 
percentage  rankings  are  as  follows : 

M-G-M,  75%  ;  Sam  Goldwyn,  60%  ; 
Warners,  59%;  Fox,  57%;  Radio, 
50.9%;;  20th  Century,  41%;  Para- 
mount, 20%;  United  Artists,  16%, 
and  Universal,   10%. 

Miscellaneous  film  units  headed  by 
Fred  Beetson  report  49%  of  their 
$19,000  quota. 

A  meeting  of  100  agents  at  M-G-M 
this  week  resulted  in  the  setting  of  a 
chest  quota  of  $20,000  with  an  im- 
mediate response  of  $3,400.  Ruth 
Collier  was  reappointed  to  lead  the 
agents  in  the  Chest  drive  and  Milton 
Bren,  Phil  Berg,  M.  C.  Levee,  Harry 
Weber  and  George  Volcke  named  on 
the  committee. 


Brush  Fire  Delays 
2  Warner  Pictures 

Hollywood,  Nov.  26. — A  brush  fire 
sweeping  along  a  3,000-acre  front  at 
La  Canada  near  here,  forced  Warners 
to  revise  production  schedules  on  two 
pictures,  the  filming  of  which  was  be- 
ing done  in  the  vicinity. 

Although  the  units  shooting  "Hell's 
Bells"  and  "Journal  of  A  Crime" 
were  not  working  within  boundaries 
of  the  blaze,  clouds  of  ashes  forced 
the  companies  to  return  to  the  studio 
for  interiors. 


** Rothschild'*  Given 
Whole  Studio  Staff 

Hollywood,  Nov.  26. — For  the  first 
time  in  the  recent  history  of  a  major 
studio  an  entire  staff  will  be  concen- 
trated on  a  single  picture  while  Jo- 
seph Schenck  and  Darryl  Zanuck  are 
making  "The  House  of  Rothschild," 
starring  George  Arliss. 

The  cast  of  this  picture,  when  com- 
pleted, will  include  more  than  80 
principals. 

Zanuck  is  looking  for  new  stories 
to  star  Ronald  Colman,  Constance 
Bennett  and   Loretta   Young. 


Griswold  in  New  Post 

Glenn  Griswold,  former  vice-presi- 
dent of  Fox  Film  in  charge  of  publicity 
and  advertising,  has  been  appointed 
publishing  director  of  Business  Week, 
a  McGraw-Hill  publication.  He  as- 
sumes his  duties  today. 


Looking  ^Em  Over 


(Continued  from  page  ,2) 

"The  Worst  Woman  in  Paris** 

(Fox) 

The  unusual  angle  to  this  story  is  that  the  emotional  conflict  is  be- 
tween two  women  who  like  each  other  and  each  is  willing  to  give  up 
the  man  she  loves  for  the  sake  of  making  him  happy.  It  sounds  unreal, 
but  in  the  way  it  is  worked  out  the  story  is  interesting  and  at  times 
emotionally  stirring. 

Benita  Hume,  loaded  with  jewels  her  playboy  friend,  Adolphe  Menjou, 
has  given  her  in  Paris  is  on  her  way  to  Hollywood  with  her  maid  when 
her  train  is  wrecked  in  Kansas.  With  a  fine  display  of  courage,  she 
goes  back  into  a  flaming  Pullman  through  a  window  to  rescue  a  baby 
and  is  in  turn  rescued  by  Harvey  Stephens,  who  takes  her  to  his  small 
town  home. 

All  the  townspeople  like  her  as  she  recovers  and  Stephens  falls  in 
love  with  her.  Helen  Chandler,  his  secretary  in  the  office  of  a  school 
which  he  heads,  watches  the  course  of  the  romance  silently.  A  climax 
comes  when  Miss  Hume  hears  Menjou  has  gone  broke  in  Paris. 
Feeling  that  she  owes  something  to  Menjou  and  that  she  will  be  unable 
to  make  Stephens  happy  if  he  learns  of  her  past  she  renounces  her  love. 
The  two  women  face  each  other  when  Miss  Chandler  goes  to  her  and 
pleads  with  her  not  to  leave  because  Stephens  has  turned  down  an  opper- 
tunity  to  become  head  of  a  university  and  seems  on  the  way  to  the  wreck 
of  his  career. 

Miss  Hume  persists  in  her  intention  to  go,  but  not  until  she  has 
softened  the  blow  of  her  departure  by  going  to  Stephens  and  telling 
him  she  is  doing  it  because  she  loves  him  and  wants  him  to  be  happy 
with  the  girl  who  has  long  been  devoted  to  him. 

It  presents  an  idealized  type  of  womanhood  under  an  odd  title.  Instead 
of  being  risque,  it  is  good  adult  family  entertainment  with  small  town 
appeal,  and  the  work  of  the  principals  is  adequate  in  roles  which  call 
for  no  display  of  histrionics. 


"Farewell  to  Love** 

{Madison) 

A  beautiful  film  with  one  serious  handicap — faulty  recording  that 
renders  much  of  the  dialogue  indistinct.  This  makes  the  voices  indistinct. 

Filmed  for  the  greater  part  in  and  about  Naples,  it  has  fine  pictorial 
appeal  and  offers  a  singing  hero,  Jan  Kiepura.  Betty  Stockfield,  who 
plays  a  world-weary  Englishwoman,  falls  in  love  with  her  Neopolitan 
guide  under  the  spell  of  his  singing  and  takes  him  from  his  sweetheart 
that  she  may  have  his  voice  developed  in  London,  only  to  lose  him  in 
the  end  to  the  girl  he  left  behind.  To  the  part  the  actress  brings  a 
dreamy  seductiveness  that  is  devastating  and  a  voice  that  is  splendid. 

The  cast  is,  with  one  or  two  exceptions,  all-English.  Heather  Angel 
is  the  Italian  sweetheart. 

Kiepura's  name,  made  known  to  American  film  audiences  through 
"Love  Me  Tonight,"  and  that  of  Miss  Angel,  who  is  the  subject  of  a 
wide  publicity  campaign  by  Fox,  may  prove  of  some  assistance  at  the 
box-office.  The  film  is  of  limited  appeal  to  American  audiences  gener- 
ally, but  it  ought  to  click  with  lovers  of  Italian  backgrounds. 


Shorts 


''Yeast  Is  Yeast" 

(Vitaphoiie) 
Tom  Patricola  and  Charlie  Melson 
are  teamed  in  a  melange  of  singing, 
dancing  and  wise-cracking.  It  is  ac- 
ceptable. The  two  play  a  pair  of  gobs 
cast  on  a  cannibal  island  when  their 
ship  is  wrecked.  The  cannibal  gals 
turn  out  to  be  bunch  of  cuties.  This 
makes  the  lads  decide  to  stay  on. 
Running  time,  18  mins. 


"Outposts  of  France" 

(Fox) 
A  Fox  Magic  Carpet  depicting  the 
scenic  wonders  of  Indo-China  and 
showing  some  striking  views  of  the 
natives  working  and  relaxing.  Very 
interesting  and  educational.  The 
scenes  of  the  royal  palace  and  of 
Ankgor-Vat,  the  deserted  city,  are 
particularly  well  shot.  Running  time, 
9  mins. 


"Mills  Rhythm  Band" 

(Vitaphoiie) 
A  peppy  short  featuring  a  colored 
band  and  an  all-negro  cast.  It  offers 
just  the  sort  of  thing  expected  when 
a  crowd  of  colored  folk  are  thrown 
together  in  a  musical  number,  a  mix- 
ture of  hot  hoofing  and  frenzied  sing- 
ing, with  plenty  of  body  movements. 
Looks  like  a  bit  too  much  of  this  stuff 
to  please  average  audiences.  Running 
time,   13  mins. 


"Bosko's  Picture  Show" 

(Vitaphoiie) 
A  "Looney  Tune"  that  resorts  to 
burlesque  in  a  successful  effort  to  ob- 
tain humor.  Bosko  is  a  fihn  operator. 
Besides  putting  on  the  show,  he  takes 
part  in  it.  An  entertaining  number 
Running  time,  7  mins. 


Hollywood 
Personals 


Hollywood,  Nov.  26. 

JOSEPH  MONCURE  MARCH  and 
Jack  O'Donnell  have  been  as- 
signed to  write  the  screen  play  for 
Damon  Runyon's  "Little  Miss 
Yorker"   ( Paramount ) . 

Dorothy  Mackaill,  June  Collier 
and  "Bill"  Boyd  have  been  signed 
for  the  leading  roles  in  "Cheaters" 
(Liberty). 

Alan  Dinehart  has  been  signed 
to  play  his  stage  role  in  the  picture 
version  of  "Ninth  Guest"  (Columbia). 

Joan  Bennett  has  been  signed  to 
make  two  pictures  for  Radio,  begin- 
ning   early   next    year. 

Ann  Morrison  Chapin's  "Love 
Flies  Out  the  Window"  has  been  pur- 
chased  by    Radio   for   screening. 

Harry  Woods  has  been  signed  for 
a  role  in  "Shadows  of  Sing  Sing" 
(Columbia). 

Rickey  Newell  has  been  given  a 
role   in   "Hell's    Bells"    (Warners). 

Elizabeth  Young  has  been  given 
a  new  contract  by  Paramount. 


Mayor  Asks  Revision 
Of  Milwaukee* s  Code 

Milwaukee,  Nov.  26. — Mayor  Dan- 
iel Hoan  in  a  message  to  the  Com- 
mon Council  has  advised  a  general 
revision  of  all  measures  regulating 
amusement  spots.  The  mayor  ad- 
vocates clarification  of  laws  aimed  at 
"indecent  and  immoral"  theatrical  ex- 
hibitions. 

Aldermen  point  out  that  there  is  no 
municipal  code  as  to  what  is  proper 
and  what  isn't  in  the  matter  of  fan 
dancers,  rhumba  performers  and  sim- 
ilar types  of  entertainment.  Some 
legal  definition  is  needed,  it  was  ex- 
plained,   to    guide    worried    police. 


A''.  O.  Union  Complains 

New  Orleans,  Nov.  26. — A  com- 
plaint against  Loew's  State,  filed  by 
the  operators'  union  with  the  Federal 
conciliation  board,  will  come  up  for 
official  action  Tuesday.  The  complaint 
asserts  breach  of  contract  on  the  part 
of  Loew  and  has  been  before  the 
board  for  several  weeks. 


Hollywood  GetsPref  erred 

Hollywood  Exchanges  in  New 
York,  Buffalo,  Philadelphia  and 
Washington  will  handle  the  12  pic- 
tures to  be  made  by  Preferred  Pic- 
tures, recently  formed  by  J.  G.  Bach- 
mann.  Jack  Bellman  closed  the  deal 
for  his  exchanges. 


Hold  "World  Changes" 

Warners  are  holding  "The  World 
Changes"  for  a  sixth  week  at  the 
Hollywood.  The  fifth  week  ends 
Wednesday. 


Frank  Drew  Recovering 

Cleveland,  Nov.  26. — Frank  Drew, 
M-G-M  exchange  manager,  is  recover- 
ing from  an  operation  at  the  Charity 
Hospital. 


MOTION  PICTURE 

DAILY 


Monday,  November  27,   1933 


Four  Marxes 
Get  $17,750 
On  the  Coast 


Los  Angeles,  Nov.  26.  —  "Duck 
Soup"  took  top  money  here  last  week 
with  $17,750  at  the  Paramount,  but 
this  is  not  considered  outstanding. 
House  average  is  $18,000. 

Business  was  quiet  all  along  the 
line,  with  the  exception  of  "Footlight 
Parade,"  which  held  up  to  $12,000  in 
its  second  week  at  Warners'  Down- 
town and  at  the  same  time  took  $11,- 
000  at  the  Hollywood. 

"Emperor  Jones"  made  a  good 
showing  at  the  800-seat  Filmarte  with 
a  take  of  $3,950.  "I'm  No  Angel"  fell 
off  to  $5,928  in  its  sixth  week  ai 
Grauman's  Chinese  and  was  pulled 
after  four  days. 

Total  first  run  business  was  $96,128. 
\verage,  without  the  United  Artists 
and  Pantages,  is  $93,400. 

Estimated  takings  for  the  week 
ending   Nov.   22: 

"I'M  NO   ANGEL"    (Para.) 
CHINESE- (2,500),   50c-$1.65,   4   days.    Sid 
Grauman    prologue.     Gross:    $5,928.     (Aver- 
age,   $14,0(».) 

"MEET    THE    BARON"    (M-G-M) 
LOEWS  STATE— (2.415),  25c-40c,  7  days. 
Ed  Lowry  and  his  band,  stage  show.  Gross: 
$12,300.     (Average,    $14,000.) 

"DUCK   SOUP"    (Para.) 
PARAMOUNT-(3,598),    25c-40c,    7    days. 
Georgie     StoU     and     his     orchestra,     stage 
show.     Gross:    $17,750.    (Average,   $18,000.) 
"THE  INVISIBLE   MAN"   (Univ.) 
RKO— (2,700).     25c-40c,     7     days.     Gross: 
$4,300.      (Average,    $8,000.) 

"FOOTLIGHT    PARADE"    (Warners) 
WARXER     BROS.     (Hollywood)— (5,000), 
25c-55c,  2nd  week,  7  days.  Oscar  Baum  and 
his  augmented  orchestra,  stage  show.  Gross: 
$11,000.    (Average.    $14,000.) 

"FOOTLIGHT  PARADE"   (Warners) 
WARXER     BROS.      (Downtown)— (3,400). 
2Sc-55c,  2nd  week,  7  days.  Teddy  Joyce  and 
his    orchestra,    stage    show.    Gross:    $12,000. 
(Average,   $12,000.) 

"EMPEROR    JONES"    (U.    A.) 
FILMARTE— (800),  40c-50c,  7  days.  Gross: 
$.3,950.    (Average,    $2,650.) 

"THE   FORGOTTEN   MAN"    (Jewel) 
(n^ITERIOX— (1.610),      25c-40c,      7      days. 
Stage  show.  Gross:  $2,700.   (Average.  $2,800.) 
"EAST   OF    FIFTH    AVENUE"    (Col.) 

"HOLD  THE  PRESS"   (Col.) 
LOS   AXGELES— (3.000).    15c-25c.   7   days. 
Stage  show.  Gross:  $4,800.   (Average,  $3,700.) 
"TURN   BACK  THE  CLOCK"   (M-G-M) 
ORPHEUM -(2.200),   25c-35c,   7   days.   Ten 
acts     vaudeville.     Gross:     $3,9(10.     (Average, 
$4,250.) 

"BLOOD    MONEY"    (U.    A.) 
UXITED     ARTISTS -(2,100),     25c-4Cc,     7 
days.    Sophie  Tucker  on  the  stage,  Grauman 
stage    show.    Gross:    $9,000. 

"STAGE    MOTHER"    (M-G-M) 
PANTAGES— (3.000),      25c-40c,      7      days. 
Stage  show.  Gross:   $8,500. 


Libson  to  Open  Orpheum 

Ci.NciNNATi,  Nov.  26. — Plans  are 
under  consideration  by  Ike  Libson, 
managing  director  of  RKO,  for  early 
reopening  of  the  Orpheum,  2,100-seat 
neighborhood,  located  across  the  street 
from  the  RKO  Paramount.  The  Or- 
pheum has  been  dark  for  about  a  year. 

Previous  to  acquisition  by  RKO, 
the  house  was  controlled  by  the  I. 
M.  Martin  interests,  and  at  one  time 
was  the  leading  vaudeville  spot  in  this 
section. 


Darmour  Rushing  Two 

Hollywood,  Nov.  26.— Larry  Dar- 
mour is  rushing  into  production  with 
two  Mickey  McGuire  comedies  for 
the  holiday  season.  First  is  to  be 
timed  for  release  during  Christmas 
week  and  the  second  for  the  New 
Year  week. 


Lasso  to  Music 

Hollywood,  Nov.  26.— Ken 
Maynard  not  only  composed 
the  theme  song  for  his  latest, 
"Wheels  of  Destiny,"  but  also 
penned  all  the  incidental 
music.  The  cowboy  numbers 
turned  out  so  well  that  he's 
signed  a  contract  to  do  six 
records,  on  which  he  will 
yodel  and  banjo  for  Columbia 
phonograph    company. 


"Angel"  Portland 
Smash  at  $12,300 

Portland,  Nov.  26.  • —  "I'm  No 
Angel"  led  a  parade  of  box-office  hits 
into  town  last  week  and  left  house 
managers  gasping  in  surprise.  They 
thought  1929  had  returned.  At  $12,300 
in  the  1, 800-seat  Liberty,  "Angel"  was 
$10,500  over  average.  It  was  held  over. 

The  Paramount  was  reopened  with 
"The  Way  to  Love."  Helped  by  a 
midnight  football  rally,  it  went  to 
$12,000,  over  the  old  average  by 
$3,000.  "Sweetheart  of  Sigma  Chi" 
was  good  for  $8,000  at  the  Pantages, 
helped  by  a  vaudeville  bill  headed  by 
Fifi  Dorsay. 

"Footlight  Parade"  more  than 
doubled  the  normal  take  at  Hamrick's 
Music  Box  with  $6,500. 

First  run  total  for  the  week  was 
$50,900.     Average   is  $34,800. 

Estimated  takings  for  the  week  end- 
ing Nov.  17: 

"THIS    DAY    AND    AGE"    (Para.) 

BROAbWAY-(l,912),  25c-35c-40c,  3  days. 
(iross:    $2,000. 

"THE    CHIEF" 

BROADWAY^*  days.  Gross:  $3,700. 
(Average,  $6,000.) 

"I'M   NO  ANGEL"   (Para.) 

LIBERTY— (1,800),  25c-35c-40c.  7  days. 
Gross:    $12,300.     (Average,   $1,800J 

"FOOTLIGHT  PARADE"  (Warners) 

HAMRICK'S  MUSIC  BOX— (2,000),  25c- 
35c-40c,  7  days,  second  week.  (iross: 
$6,500.     (Average,   $3,000.) 

"COLLEGE  COACH"   (Warners) 
"THREE  LITTLE  PIGS"   (U.A.) 

HAMRICK'S  ORIENTAL— (2.040).  25c- 
35c.  7  days.  Gross:  $1,600.  (Average, 
$2,000.) 

"SWEETHEART  OF  SIGMA  CHI" 
(Monogram) 

PANTAGES— (1,700),  25c-35c-40c.  Vaude- 
ville. Fifi  Dorsay.  Gross:  $8,000.  (Aver- 
age,   $8,000.) 

"THE  WAY  TO  LOVE"   (Para.) 

PARAMOUNT  —  (3,008),  25c-3Sc-40c-60c. 
Vaudeville.  Gross:  $12,000.  (Average, 
$9,000.) 

"PRIVATE  LIFE  OF  HENRY  VIII" 
(U.A.) 

UNITED  ARTISTS-(945),  25c-35c-40c,  7 
days.     Gross:  $4,800.     (Average,  $5,000.) 


Lawrence  with  Ad  Firm 

Hollywood,  Nov.  26.  —  J.  B.  L. 
T.awrence.  formerly  a  member  of 
RKO  publicity  and  radio  departments 
and  feature  writer  of  the  Los  Angelex 
Examiner,  has  been  appointed  South- 
ern California  representative  for  J. 
Stirling  Gctchell,  Inc.,  advertising 
atrencv,  advertising  accounts  of  the 
De   Soto  and    Plymouth   motor   corps. 


Levy  Back  at  Paramount 

Hollywood,  Nov.  26.— Benn  W. 
Levy  has  returned  to  Paramount  to 
work  out  a  one  picture  deal  remaining 
on  his  old  contract,  which  has  been 
inactive  since  March. 

His  assisrnment  will  be  the  screen 
play  for  "Melody  in  Spring"  to  fea- 
ture Ginger  Rogers  and  Charles 
Ruggles, 


46 


Aggie''  and 
Bernie  K.C. 
Top,  $19,700 


Ka.nsas  City,  Nov.  26. — The  Main- 
street  registered  a  smash  $19,700,  pre- 
senting Ben  Bernie  and  his  lads,  with 
"Aggie  Appleby"  on  the  screen.  This 
is  $5,700  better  than  par  for  a  combi- 
nation bill.  Bernie  got  plenty  of  space 
in  the  papers  and  did  a  half-hour 
broadcast  for  a  local  drug  chain. 

The  only  straight  film  show  to  hit 
above  normal  was  "The  Blonde  Bomb- 
shell," which  gave  Loew's  Midland 
$13,000,  against  |10,000  average. 
"Footlight  Parade,"  in  its  second  week 
at  the  Newman,  reacted  from  a  big 
first  stanza  and  slumped  below  par. 
"Walls  of  Gold,"  an  Uptown  attrac- 
tion, was  so-so. 

Total  first-run  business  was  $41,500. 
Average  is  $34,000. 

Estimated  takings : 

Week  Ending  Nov.  15: 
"FOOTLIGHT  PARADE"  (Warners) 

NEWMAN— (1,800),  25c-40c,  7  days,  plus 
Saturday   midnight   show,   2nd  week.  Gross: 

$6,000.    (Average.   $7,000.1 

Week  Ending  Nov.   16: 
"AGGIE    APPLEBY"    (Radio) 

MAINSTREET— (3,049),  25c-40c-60c,  7 
days,  plus  Saturday  midnight  show.  Stage: 
Ben  Bernie  and  company,  featuring  Frank 
Prince.  "Whistling"  Pullen,  Manny  Prager, 
Dick  Stabile,  Billy  Severin.  Gross:  $19,700. 
(Average  for  combination   bill,  $14,000.) 

Week  Ending  Nov.   17: 
"THE  BLONDE  BOMBSHELL"  (M-G-M) 

MIDLAND— (4.000),  25c,  7  days,  plus  Sat- 
urday midnight  show.  Gross:  $13,000.  (Aver- 
age.  $10,000.) 

"WALLS  OF  GOLD"   (Fox) 

UPTOWN-(2,000).  25c-40c,  7  days.  Gross: 
$2.8(10.    (Average.    $3,000.) 


'Three  Pigs''  Still 
Big  Draw  in  Frisco 

San  Franxisco,  Nov.  26. — "Three 
Little  Pigs"  are  just  about  hogging 
the  picture  business  here,  especially 
with  the  neighborhoods.  The  short 
has  been  shown  no  less  than  five  times 
at  the  Coliseum,  each  time  for  com- 
paratively long  runs,  the  longest  of 
which  was  12  days.  This  is  some  kind 
of  a  record  here,  as  no  short  yet 
booked  has  been  wanted  so  badly  by 
exhibitors. 

Features  may  come  and  go,  pro- 
grams may  change,  but  "Three  Little 
Pigs"  stays  on.  Adults  as  well  as 
kids  never  tire  of  seeing  it.  Most  of 
the  neighborhoods  have  shown  it  three 
or  four  times  and  have  grouped  their 
advertising,  the  better  to  let  the  pub- 
lic know  it.  A.  E.  Levin,  manager  of 
San  Francisco  Theatres,  Inc.,  com- 
prising a  sizeable  bloc  of  major  neigh- 
borhood houses,  claims  the  distinc- 
tion of  having  booked  this  short  itiore 
times,  in  a  shorter  period,  than  any 
short  has  yet  been  booked  in  San 
Francisco  and  environs. 


ii 


.99 


Seattle  Fees  Are  Cut 

Seattle,  Nov.  26.— By  a  6-2  vote, 
the  City  Council  has  pas'sed  an  ordi- 
nance reducing  the  annual  license  fee 
on  theatres.  The  reduction  was 
granted  to  help  the  small  suburban 
houses. 

The  new  ordinance  fixes  the  license 
fee  at  15  cents  per  seat,  with  the  mini- 
nnim  charge  $50  and  the  maximum 
$300.  At  present,  the  ordinance  calls 
for  $125  minimum  and  $250  maximum. 


FootKght 
Twin  Cities' 
Top,  $14,500 


Minneapolis,  Nov.  26. — "Footlight 
Parade"  ran  away  with  top  honors  on 
both  sides  of  the  river  last  week,  get- 
ting a  total  gross  of  $14,500.  The 
take  at  the  Minnesota  here  was  $8,500 
and  at  the  St.  Paul  Paramount  it  was 
$6,000. 

"I'm  No  Angel"  was  good  for 
$12,000,  of  which  $7,000  was  taken  at 
the  State  here  and  $5,000  at  the  St. 
Paul  Riviera. 

Other  first  runs  were  off: 

Minneapolis  first  runs  grossed  $23,- 
$500.  Average  is  $20,500.  St.  Paul's 
took  $17,500,  beating  average  bv  $1,- 
500. 

Minneapolis: 

Estimated  takings : 

Week  Ending  Nov.  16: 

"THE  MAD  GAME"  (Fox) 

LYRIC— (1,238),  20c-25c,  7  days.  Gross: 
$1,400.     (Average,  $1,500.) 

"FOOTLIGHT  PARADE"  (Warners) 

MINNESOTA— (4,000),  2Sc-40c,  7  days. 
Gross:   $8,500. 

Week  Ending  Nov.  17: 
"AFTER  TONIGHT"   (Radio) 

RKO      ORPHEUM— (2,900),      20c-40c,      7 
days.        Gross:     $5,500.        (Average,    $5,500.) 
"I'M  NO  ANGEL"  (Para.) 
STATE— (2,300),    25c-40c,    7    days.    Gross: 
$7,000.     (Average,  $5,500.) 

"THE  GOOD  COMPANIONS"  (Fox) 
WORLD— (400),     25c-75c,     7    days,     third 
week.     Gross:   $1,100.      (Average,   $1,200.) 

Estimated  takings  for  the  week  end- 
ing Nov.  16: 

St.  Paul: 
Estimated  takings  for  the  week  end- 
ing  Nov.    16: 

"FOOTLIGHT  PARADE"  (Warners) 
F'ARAMOUNT- (2,300),    25c-40c,    7    days. 
Gross:    $6,000.      (Average,    $5,000.) 

"I'M  NO  ANGEL"   (Para.) 
RIVIERA— (1,200),  25c-40c,  7  days.  Gross: 
$5,000.     (Average,  $3,500.) 

"AGGIE  APPLEBY"   (Radio) 
RKO  ORPHEUM— (2,600),  20c-40c,  3  days. 
Gross:  $2,000. 

"EASY  MILLIONS"   (Freuler) 
RKO     ORPHEUM— (2,600),     20c-40c,     one 
day.      Gross:   $500. 

"MASTER  OF   MEN"   (Col.) 
RKO      ORPHEUM— (2,600),      20c-40c,      3 
days.     Gross:    $1,500.      (Average   for   week, 
$4,000.) 

"I   LOVED   A   WOMAN"   (F.N.) 
TOWER— (1,000).    15c-25c,    4   days.    Gross: 
$900.      (Average,   $800.) 

"MY  LIPS   BETRAY"   (Fox) 
TOWER— (1,000),   15c-25c,  3  days.     Gross: 
$800.      (Average,   $700.) 

"BITTER  SWEET"   (U.A.) 
WORLD-(300),   25c-75c,    7   days.     Gross: 
$1,300.     (Average,   $1,000.) 


Name  Alliance  Receiver 

Alliance,  O.,  Nov.  26.— R.  C. 
Wallace  has  been  named  receiver  for 
the  Columbia  by  Judge  Joseph  L. 
Floyd  in  Stark  County  Common 
Pleas  Court.  Judgment  had  been 
taken  against  the  Smith  Amusement 
Co.,  operators  of  the  Columbia,  in 
favor  of  the  Alliance  First  National 
Bank.  The  receivership  will  have  no 
effect  on  operation.  Wallace  is  secre- 
tary of  Tri-Theatres,  Inc.,  and  is  now 
in  charge  of  all  three  theatres  here, 
Morrison,  Columbia  and  the  Strand. 


Fox  Holds  Sid  Silvers 

Hollywood,  Nov.  26. — Sid  Silvers, 
actor-writer  for  Fox,  has  had  his  op- 
tion picked  up  by  the  studio. 


i 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  126 


NEW  YORK,  TUESDAY,  NOVEMBER  28,  1933 


TEN  CENTS 


CODE  IS  SIGNED — LOWELL, 
DRESSLER,  CANTOR  NAMED 


Sears  Not  to 
Get  New  Post, 
Avers  Warner 


Major  Albert  L.  Warner  denies 
that  Gradwell  L.  Sears  is  to  be  put 
in  charge  of  all  Warner  sales  under 
his  supervision.  He  insists  no  change 
is  to  be  made  in  the  sales  organiza- 
tion and  that  Sears  will  continue  as 
general  sales  manager  in  charge  of 
western  and  southern  distribution  and 

(.Continued  on  page  7) 


Tri -Ergon  Wins  in 
Suit  at  Scranton 

ScRANTON,  Pa.,  Nov.  27. — An  in- 
junction restraining  Wilmer  &  Vin- 
cent corporations  and  Altoona  Publix 
Corp.  from  making  further  use  of 
sound  equipment  allegedly  infringing 
patents  held  by  American  Tri-Ergon 
Corp.  and  Tri-Ergon  Holding,  A.  G., 
of    St.    Gall,    Switzerland,    has    been 

(Continued  on   page  2) 


Wisconsin  Men  Plan 
For  Groups  on  Call 

Milwaukee,  Nov.  27. — A  panel  of 
from  15  to  25  exhibitors,  constantly 
on  call  and  large  enough  numerically 
to  fill  in  where  others  may  be  unable 
to  because  of  pressure  of  business,  is 
planned  under  the  code  by  the  Wis- 
consin M.  P.  T.  O.  The  idea  concerns 
arbitration  and  setups  of  boards  to 
settle    issues   designated   for   clearance 

(Continued  on    page  2) 


Starts  Series 

This  is  the  opening  gun  in 
a  new  series  of  condition 
stories  covering  a  number  of 
major  situations  in  the  Mid- 
dle West,  and  are  being  writ- 
ten from  the  field  by  Red 
Kann  who  is  now  in  the  thick 
of    his    inspection    tour. 

Milwaukee  will  be  followed 
by  Chicago  which  will  be  fol- 
lowed by  Indianapolis;  then 
Detroit,  Cleveland  and  othef 
key  centers. 


Deputy  Awaits  Text 

Washington,  Nov.  27. — Dep- 
uty NRA  Administrator  Sol 
A.  Rosenblatt  stated  this 
afternoon  that  word  had  been 
received  that  Administrator 
Hugh  S.  Johnson  was  on  his 
way  north  with  a  signed  copy 
of  the  code  and  would  arrive 
about   12  o'clock. 

What  few  changes  have 
been  made  in  the  third  revi- 
sion, he  said,  would  be  incor- 
porated and  the  full  text 
would  be  made  public  tomor- 
row as  soon  as  possible  fol- 
lowing the  issuance  of  an  ex- 
ecutive  order. 


Says  Big  Fox 
Dividend  Paid 
Despite  Loss 


Washington,  Nov.  27 — Approval  of 
the  long-standing  claims  of  Harley 
L.  Clarke  amounting  to  nearly  $229,- 
000  by  the  board  of  General  Theatres 
Equipment  Corp.  two  days  before  the 
company  went  into  bankruptcy,  and  the 
voting  by  the  Fox  Film  board  of  divi- 
dends amounting  to  over  $4,000,000  at 
a  time  when  the  company  had  a  deficit 
in  excess  of  $5,500,000  and  outstand- 
ing demand  obligations   of  more  than 

(Continued   on   page  3) 


Code  Authority  Appointees  Surprise;  Rest 

Of  Board  Not  Announced — Text  to  Be 

Released  Officially  Today 

Warm  Springs,  Ga.,  Nov.  27. — President  Roosevelt  today  signed 
the  film  code  and  named  President-emeritus  A.  Lawrence  Lowell 
of  Harvard,  Eddie  Cantor  and  Marie  Dressier  as  members  of  the 
code  authority. 

Administrator  Hugh  S.  Johnson  left  tonight  for  Washington  and 
the  code  will  be  released  for  publication  Tuesday  afternoon. 

The  appointment  of  the  former  head  of  Harvard  came  as  a 
complete  surprise.  He  is  honorary  president  of  the  Motion  Picture 
Research  Council,  which  is  financed  by  the  Payne  Foundation,  and 
recently  published  a  book  called  "Our  Movie  Made  Children,"  by 
Henry  James  Forman  which  was  strongly  critical  of  film  reactions 
on  children.     Recently  the  council  has  been  conducting  a  cainpaign 

against  block  booking  and  for 
the  right  to  buy  on  the  grounds 
that  exhibitors  should  have  the 
power. to  reject  films  they  con- 
sider unsuited  for  family  enter- 
tainment. 

Marie  Dressier  was  a  White 
House  visitor  on  her  last  trip  east 
and  Cantor  was  at  Warm  Springs 
last  Thursday.  It  was  made  clear 
here  today  that  the  comedian  dur- 
ing his  visit  to  the  President 
urged  that  artists  be  paid  on  a 
royalty  basis. 

In  the  code,  it  is  understood, 
the  President  has  exempted  writ- 
ers and  dramatists  from  the  sal- 

(Continited  on  page  3) 


Hertz  States 
He  Cut  Costs 
$23,000,000 


A  saving  of  $23,000,000  in  Para- 
mount Publix  operating  costs  in  1932 
as  compared  with  1931  was  cited  yes- 
terday by  John  Hertz  as  the  result  of 
his  stewardship  of  the  company's 
financial  affairs  while  chairman  of  its 
tinance  committee  for  the  14  months 
preceding  the  Paramount  bankruptcy. 

Hertz's  declaration  was  ma,de  toward 
(Continued  on  page  7) 


Fan  Dancers^  Overseating^ 
Taverns  Trouble  Beer  City 

By  RED  KANN 

Milwaukee,  Nov.  27. — Casting  eyes  70  miles  to  the  south  where  pink 
bodies  stepped  from  behind  fans  to  increase  the  blood  pressure  of  the 
22,000,000  visitors  who  clocked  in  at  the  World's  Fair,  Beer  City  amuse- 
ment purveyors,  most  of  them  not  in  the  theatre  business,  took  to  them- 
selves the  same  idea.  Today,  Milwaukee  is  blanketed  with  fan  dancers, 
as  well  as  shawl  and  bat  dancers ;  from  2,000  to  4,000  beerstubes,  desig- 
nated as  taverns,  and  more  seats  than  there  are  people  to  fill  them. 

The  seats  have  been  around  for  some  time.  So  have  the  people,  but 
the  trouble  is  nobody  can  make  the  two  meet  often  enough  to  lift  the- 
atres  out  of   the   doldrums   and   the   red   bath   which   practically  all   of 

(Continued  on    page   6) 


Rosenblatt  to  Talk 
Before  Penn.  MPTO 

Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  and  Charles  L. 
O'Reilly,  president  of  the  T.O.O.C, 
will  be  among  the  principal  speakers 
at  the  one-day  convention  of  the 
M.P.T.O.  of  Eastern  Pennsylvania, 
Southern  New  Jersey  and  Delaware. 
The  session  will  be  held  in  Philadel- 
phia, on  Dec.  7,  with  the  signed  code 
as    the   principal    topic. 


No  Daily  Thursday 

Motion  'Picture  Daily  will 
not  be  published  Thursday, 
Thanksgiving  Day. 


MOTION  PICTURE 

DAILY 


Tuesday,  November  28,   1933]| 


MOTION  PICTURE 

DAILY 

(Registered   U.    S.    Patent   Office) 


Tri-Ergon  Wins  in 
Suit  at  Scranton 


Vol.  34 


November  28,   1933 


No.  126 


Martin    Quigley 
Editor-in-Chief  and   Publisher 

MAURICE    KANN 

Editor 

JAMES  A.  CRON 

Adverttsing    Manager 


*& 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin 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  1933  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
if.  Shatiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager:  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28.  Joachim 
K.  Rutenberg.  Representative:  Paris  Bu- 
reau: 19.  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street.  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Wilstach  in  Hospital 

Frank  Wilstach,  M.  P.  P.  D.  A. 
advertising  and  publicity  contact,  who 
has  been  seriously  ill  for  the  past  ten 
days,  was  removed  to  Manhattan  Hos- 
pital over  the  week-end.  His  condi- 
tion was  reported  to  be  unimproved 
yesterday. 

Wilstach  is  being  treated  for  in- 
fluenza and  accompanying  complica- 
tions. 


S.  R.  Kent  Back  Today 

S.  R.  Kent,  president  of  Fox,  re- 
turns today  on  the  Berengaria,  after 
an  extended  business  trip  abroad.  He 
is  accompanied  by  Walter  J.  Hutch- 
inson, managing  director  of  Fox  in 
England,  and  Mark  Ostrer,  managing 
director  of  Gaumont-British. 


Ascher,  May  Sailing 

London,  Nov.  27. — Irving  Ascher 
of  Warners  and  Joe  May,  recently 
signed  as  a  Columbia  director,  sail 
on  the  Majestic  on  Wednesday. 


Oakie  to  Honolulu 

Hollywood,  Nov.  27.— Jack  Oakie 
and  his  mother  are  en  route  to  Hono- 
lulu for  a  three  weeks'  vacation. 


WILL    BUY 

1000    USED 

THEATRE  CHAIRS 

Mutt  br  In  flrtt  clan  condition,  and  not 
lest  than  600  of  one  kind.  Only  interested  In 
ehairt  cniting  when  new,  anoroxlmatelv  $10.00 
each.  Apply  by  letter  only.  1531  Broadway. 
New   York    City.     5th    Floor. 


(Continued  from  page   1) 

granted  here  by  Judge  Albert  W. 
Johnson  in   U.    S.    District   Court. 

The  ruling  in  favor  of  the  Ameri- 
can and  European  Tri-Ergon  com- 
panies also  asks  for  an  accounting  of 
profits.  William  Fox  is  the  owner 
of  the  .\merican  rights  to  the  Tri- 
Ergon  sound  patents  and  several  suits, 
involving  similar  charges  are  pending 
in  state  and  Federal  courts  through- 
out the  east  against  large  producers, 
exhibitors,    Erpi    and    RCA    Victor. 

The  Federal  court  at  Brooklyn, 
N.  Y.,  dismissed  a  similar  Tri-Ergon 
action   against   exhibitors   last   spring. 


Roxy  21-Week  Net 
Is  Put  at  $68,252 


Efforts  yesterday  to  obtain  com- 
ment from  the  defendant  companies 
were    unsuccessful. 


Studio  Sound  Union 
Files  NRA  Charges 

Los  Angeles,  Nov.  27 — Charges  of 
violation  of  NRA  labor  provisions 
have  been  filed  with  the  local  NRA 
board  by  the  sound  technicians'  branch 
of  the  I.A.T.S.E.  against  Paramount, 
United  Artists  and  Universal.  The 
companies  are  charged  with  coercion 
in  forcing  studio  employes  to  join 
labor  organizations  not  of  their  own 
choosing.  The  accusations  are  brought 
under  Section  7-A  of  the  President's 
re-employment  agreement  giving  work- 
ers the  right  to  collective  bargaining. 


Wisconsin  Men  Plan 
For  Groups  on  Call 

(Continved  from  page  1) 

through  such  boards  under  the  code. 

Having  raised  $2,000  for  charity 
last  year,  the  unit  early  in  the  new 
year  will  hold  another  Film  Fun 
Frolic  with  the  proceeds  this  time  re- 
verting to  its  own  treasury. 


MPTO  Men  Dine  Dec.  4 

Columbus,  Nov.  27 — P  r  o  b  1  e  m  s 
scheduled  to  come  up  at  the  meeting 
of  the  MPTO  of  Ohio  here  on  Dec. 
5  will  be  discussed  the  dav  before  at 
a  dinner  to  be  given  by  Max  Stearn, 
president. 


For  the  21  weeks  from  June  15  to 
Nov.  9  Howard  S.  Cullman,  receiver 
for  the  7th  Ave.  Roxy,  reports  a  net 
operating  profit  before  fixed  charges 
of  $68,252.80,  and  a  net  of  $2,821.99 
after   fixed   charges. 

This  does  not  include  interest  on 
outstanding    bonds,    depreciation,    etc. 

The  report  has  been  presented  to 
the  U.  S.  District  Court  with  a 
recommendation  that  the  receivership 
be  continued,  because  in  recent 
months  the  theatre's  business  has 
shown  an  improvement  and  it  is  now 
operating  with  more  favorable  film 
contracts  than  it  has  had  at  any  time 
in  the  recent  past. 

Cullman  points  out  that  from  July 
1  to  Dec.  15,  1932,  the  theatre  showed 
a  net  loss  of  $91,000  before  fixed 
charges  and  a  total  loss  after  fixed 
charges,  but  before  interest,  depre- 
ciation, etc.,  in  excess  of  $203,000. 
The  1933  attendance  increase  has 
been  3.08  per  cent  over  the  same 
months  for  1932  in  spite  of  the  Radio 
City  competition,  he  reports. 

Paramount  Trustee 
Hearing  Up  Dec.  4 

An  action  seeking  the  removal  of 
the  Paramount  Publix  trustees, 
Charles  D.  Hilles,  Eugene  W.  Leake 
and  Charles  E.  Richardson,  is  sched- 
uled for  a  hearing  in  the  U.  S.  Cir- 
cuit   Court   of   Appeals   here   Dec.   4. 

The  action  was  dismissed  by  the 
U.  S.  District  Court  here  last  spring 
but  leave  to  appeal  was  granted  the 
complainant,  Samuel  Zirn,  attorney 
for  a  Paramount  Publix  bondholders' 
group,  by  the  Appellate  Court  several 
weeks  ago. 

Ad  Group  Meets  at 
Hays  OMce  Today 

A  second  meeting  of  the  advertising 
committee  which  will  uphold  the  mor- 
ality clause  in  the  signed  code  meets 
today  with  J.  J.  McCarthy  at  the 
Hays  office.  Howard  Dietz,  chairman. 
Stanley  Shuford  and  Robert  Sisk  will 
attend.  Shuford  is  substituting  for 
S.  Charles  Einfeld,  who  is  now  on  the 
coast,  and  Sisk  is  pinch  hitting  for 
John  Flinn,  representing  the  AMPA. 
Flinn   left   for    Holljrwood   yesterday. 


Eastman  Off  PVi  as  Market  Slumps 


/Hicrh  Low  Close 

Columbia    Pictures,    vtc 26^  24^  2454 

Consolidated     Film    Industries 3  2^  2% 

Consolidated    Film   Industries,   pfd 9  9  9 

F,astman   Kodak    791^  77  77 

Eastman   Kodak,   pfd 1?2  122  122 

I,ofw's,    Inc 29:^  27'A  277^ 

Paramount    Publix    15^  ivj  ].^ 

Pathe   Exchange   l;^  1^  ]^ 

Pathe   Exchange   "A" in'X  9^  9M 

RKO     PA  2  2 

Warner    Bros 6'A  SH  SVn 


Net 
Change 

-2'/. 
-'A 

-  V4 

-254 
—2 


-PA 

-ii 


Educational  Pfd.  in  19-Point  Drop 

Net 
High      Low      Close     Change 

Educational,   pfd 3  3  3  19 

Sentry   Safety  Control    3/16        3/16        3/16'—  1/16 

Technicolor  10'/$        10!4        10?^       —14 


Pathe  Bonds  Lose  2^2  Points 


High 

General   Theatre  Equipment  Ss  '40 3i4 

General  Theatre   Equipment  6s  '40,  ctf X'A 

Txiew's  6s   '41,   ex   war 81 

Paramount  F.  L.  6s  '47 23 

Pathe    7s    '37,    ww 82VS 

Warner  Bros.  6s  '39.  wd 40 


Lxiw 

Close 

.v/. 

3V, 

.■"/« 

•■"/« 

80 

81 

23 

23 

82'/$ 

SPA 

40 

40 

Net 
Change 


-2'/^ 


Sales 

700 
200 
100 

1.300 

4,000 
300 

2.800 
500 
300 
200 

5,500 


Sales 

2.50O 
100 
300 


Sale.<= 
5 

3 
10 

1 

3 
2 


i  Purely 
Personal  ► 


CARL  LESERMAN,  recently  ap- 
pointed assistant  to  Gradwell 
Sears,  western  sales  manager,  depart- 
ed yesterday  on  a  visit  to  Warner 
branches  in  Chicago,  Kansas  City,  San 
Francisco  and  Los  Angeles.  He  will 
be  gone  a  month.  Sears  also  left 
on  a  short  trip  to  Dallas  on  company 
business. 

Joe  Brandt,  Sam  Rinzler,  Morris 
Sanders,  Jack  Levine,  Leo  Brecher, 
Arthur  Stebbins,  Mrs.  Joseph  Le- 
blang,  Rudolph  Sanders,  Ben 
Roman  Rabbi  Stephen  Wise  and 
Harold  Rodner  yesterday  conferred 
at  Louis  Nizer's  office  at  an  informal 
meeting. 

Gregory  Ratoff  leaves  for  the 
coast  at  the  end  of  the  week.  He's 
forced  to  cut  his  vacation  short  be- 
cause of  a  call  from  the  Radio 
studios.  After  that  assignment  he 
goes  to  Columbia  for  "20th  Century." 

Charlotte  Henry  arrives  in  New 
York  Dec.  8.  She  left  Hollywood 
Sunday  on  a  personal  appearance  tour 
of  11  cities.  She  will  remain  here 
five  days  before  returning  to  the 
studio. 

Rear  Admiral  Yates  Sterling,  Jr., 
commandant  of  the  Brooklyn  Navy 
Yard,  is  expected  to  attend  the  open- 
ing of  "Son  of  a  Sailor"  tomorrow 
night   at   the   Strand. 

Elmer  Rice,  author  of  "Counselor- 
at-Law,"  yesterday  saw  the  picture  in 
the  Universal  projection  room  and  got 
a  big  kick  out  of  it. 

Major  Edward  Bowes  and  Judge 
Fry  of  Loew's  put  on  an  act  of  not 
knowing  each  other  every  time  they 
meet. 

Harry  M.  and  Albert  Warner 
leave  town  today  for  a  short  vacation. 
Destination  unknown. 

Charles  Perry,  U.  A.  exploiter 
at  the  Aldine  Theatre  in  Philly,  was 
in  town  yesterday. 

MoE  Silver  has  returned  from  Mil- 
waukee, where  he  conferred  with 
Da\t:  Weshner. 

Joan  Crawford  and  Franchot 
Tone  are  expected  to  leave  Holly- 
wood tomorrow. 

Helen  Hayes  opened  last  night  at 
the  Alvin  in  "Mary  Queen  of  Scot- 
land." 

John  Flinn  headed  for  the  coast 
yesterday  and  is  due  back  Dec.  7. 

Henry  Sonenshine  is  back  from 
a  trip  out  west. 

Robert  Z.  Leonard  is  in  from  the 
coast. 


Laemmle  Coastbound 

Carl  Laemmle  and  his  secretary. 
Tack  Ross,  are  enroute  to  the  coast. 
They  will  arrive  in  Hollywood  tomor- 
row night. 


Tuesday,  November  28,   1933 


MOTION^  PICTURE 

DAI  LY 


Industry  Code 
Is  Signed  by 
The  President 


(.Continued  from   page   1) 

ary  provisions  of  the  code  tem- 
porarily at  least  until  results  of 
the  actual  operation  of  the  code 
authority  have  been  observed. 

General  Johnson  stated  that 
the  appointment  of  the  former 
head  of  Harvard  vv^as  made  so 
that  he  could  observe  "the  ef- 
forts of  the  industry  to  comply 
with  its  ow^n  rules  of  censorship 
of  improper  pictures  and  dia- 
logue." 

Following  the  approval  of  the 
code  by  the  President,  Johnson 
issued  the  following  statement : 

"The  moving  picture  code  sets 
up  in  the  code  itself  the  names 
of  the  code  authority  among  the 
various  adverse  interests  in  pro- 
duction, distribution  and  exhibi- 
tion. For  this  reason  the  Presi- 
dent reserves  to  the  administra- 
tor the  right  to  review  and,  if 
necessary,  disapprove  any  action 
by  the  code  authority,  to  remove 
any  such  member  and  to  add 
members  to  any  employer  class. 

"The  code  contains  drastic 
provisions  against  excessive  sal- 
aries. The  President  has  ex- 
empted from  these  and  suspended 
their  operation  for  further  ex- 
perience with  actual  operation  of 
the  code  authority. 

Contains  Drastic  Clauses 

"The  President  has  not  yet  de- 
cided upon  direct  representation 
of  the  Administration  on  the  code 
authority.  (There  will  be  three 
Presidential  appointees.) 

"The  President  is  asking  also 
a  full  report  in  90  days  (by 
Presidential  authority)  on  all 
unfair  practices  in  the  industry, 
including  a  full  report  on  exces- 
sive salaries  or  other  emolu- 
ments in  the  industry,  both  as  to 
artists  and  as  to  executives  and 
their  families,  and  he  expects  the 
industry  to  comply  fully  with  the 
legal  requirements  in  furnishing 
this  information  accurately  and 
promptly." 

Pressed  for  an  explanation  as 
to  what  he  would  term  "excess- 
ive" salaries,  Johnson  stated 
that  would  be  determined  upon 
the  basis  of  facts. 

The  outstanding  change  in  the 
code  is  the  provision  prohibiting 
bidding  up  of  salaries  of  artists 
until  within  30  days  of  the  ex- 
piration of  their  contracts.  With 
regard  to  censorship,  Johnson 
stated  the  Recovery  Administra- 


Looking  ^Em  Over 


"Counsellor  at  Law" 

( Universal ) 

An  ace  attraction  headed  for  new  b.  o.  records.  Carl  Laemmle,  Jr., 
has  spared  no  expense  in  the  production  of  Elmer  Rice's  play  and  it 
will  undoubtedly  go  extra  time  in  many  theatres.  It  is  graced  with  star 
names  such  as  John  Barrymore,  Bebe  Daniels  and  Doris  Kenyon,  sup- 
ported by  20  others,  including  Onslow  Stevens,  Isabel  Jewell,  Melvyn 
Douglas,  Thelma  Todd  and  Mayo  Methot.  William  Wyler  has  done  a 
swell  job  in  the  direction.  The  author  adapted  the  play  and  Norbert 
Brodine  manipulated  his  camera  for  compelling  effects. 

As  a  silver-tongued,  quick-witted  attorney,  Barrymore's  success  is 
rapid.  His  cases  range  from  the  lowly  Communist  friend  of  the  family 
to  the  biggest  of  business  men.  In  defending  Victor  Simon  on  a  murder 
charge,  Barrymore  misses  a  loophole  in  the  alibi  which  frees  Simon 
and  which  threatens  disbarment  unless  the  matter  is  quickly  adjusted. 

While  Barrymore  is  trying  to  get  a  hold  on  Elmer  Brown,  who  threat- 
ens the  disbarment,  Doris  Kenyon,  the  legal  light's  wife,  shows  her 
colors  by  becoming  upset  when  her  husband  plans  to  contest  the  will 
of  her  friend  and  cause  unpleasant  publicity.  Rather  than  face  possi- 
ble disbarment  for  her  mate.  Miss  Kenyon  plans  a  trip  to  Europe  and 
when  she  learns  her  husband  cannot  go  with  her  goes  without  him. 
But  Melvyn  Douglas,  who  has  been  playing  friend  of  the  family,  is 
also  a  passenger  on  the  boat  and  his  purpose  is  to  play  hearts. 

Barrymore  gets  the  upper  hand  on  Brown  when  an  agent  discov- 
ers the  latter,  in  addition  to  living  in  New  York,  is  also  maintaining 
another  home  in  Pennsylvania,  which  would  create  headline  scandal. 
This  causes  the  disbarment  threat  to  be  dropped  and  again  Barrymore 
is  the  high-pressure  counsellor. 

In  a  moment  of  despondency,  Barrymore  attempts  suicide,  but  is  fore- 
stalled by  Miss  Daniels,  who  has  secretly  been  in  love  with  him.  A 
telephone  call  from  a  client  comes  through,  there  is  a  hectic  conver- 
sation followed  by  renewed  vigor  and  brings  him  back  to  his  old  self. 

There  are  minor  incidents  which  lend  color.  There  is  the  telephone 
operator  always  gabbing  at  a  mile  a  minute;  Onslow's  Stevens'  secre- 
tary and  her  eccentric  gait;  Barrymore's  mother;  the  Communist;  the 
promising  attorney  who  tries  like  the  devil  to  make  a  date  with  Miss 
Daniels,  but  to  no  avail ;  Mayo  Methot's  attempt  to  interest  Barrymore  in 
her  after  he  wins  her  case,  and  other  happenings  which  give  this  legal 
document  an  air  of  authenticity. 


FWC  Trustees  Seek 
To  Borrow  $288,500 

Los  Angeles,  Nov.  27. — A  petition 
has  been  filed  in  U.  S.  District  Court 
here  by  the  trustees  of  Fox  West 
Coast  for  permission  to  borrow  $288,- 
500  on  certificates  of  indebtedness  to 
conserve  the  assets  and  equities  in 
the  bankrupt  circuit's  properties. 

The  petition  also  asks  for  court  ap- 
proval to  compromise  agreements  be- 
tween the  trustees  and  a  number  of 
the  largest  claimants  in  order  to  avert 
lengthy  litigation  and  in  accordance 
with  agreements  contemplated  under 
loan  arrangements.  The  trustees'  cer- 
tificates would  be  a  first  lien  against 
all  bankrupt  real  estate  assets,  subject 
to  subsequent  issuance  of  not  over 
$300,000  more  of  similar  incumbrance. 


Books  First  M-G-M 

First  M-G-M  picture  for  the  May- 
fair  will  be  "The  Chief,"  with  Ed 
Wynn,  which  will  follow  "The  Worst 
Woman  in  Paris?"  Universal's  "King 
for  a  Night"  follows  the  M-G-M 
picture.  Change  in  the  policy  of  the 
Walter  Reade  house  to  burlesque  has 
been  dropped  for  the  time  being. 


tion  would  not  undertake  to  cen- 
sor production  of  pictures,  but, 
however,  the  President  would 
scan  Lowell's  observations  in  this 
connection  when  the  former  pres- 
ident of  Harvard  makes  his  re- 
port. 


Jacobson  Quits  "V" 
After  Three  Films 

Hollywood,  Nov.  27 — After  making 
three  pictures  for  Universal,  Sam 
Jacobson  has  resigned.  It  is  said  there 
was  a  disagreement  over  salary.  Carl 
Laemmle,  Jr.,  has  accepted  the  resig- 
nation. 

It  is  understood  Jacobson  has  re- 
ceived an  oft'er  to  return  to  New  York 
to  take  charge  of  eastern  production 
activities  for  an  unnamed  major.  An 
official  announcement  will  be  made 
within  a  few  days.  Jacobson's  con- 
tract had  15  months  to  run. 


Hollywood,  Nov.  27. — Frank  Mas- 
troly  has  been  appointed  executive 
studio  manager  of  Universal,  with 
Henry  Henigson  as  his  assistant.  The 
latter  will  also  serve  as  an  associate 
producer. 


Paramount  Planning 
For  'Victory  Drive' 

Starting  Jan.  1  and  continuing  until 
March  31,  Paramount  will  hold  a 
"Victory  Drive."  Various  home  office 
executives  will  visit  the  field  on  be- 
half of  the  campaign  for  dates. 

Last  night  J.  J.  Unger  and  Milt 
Kusell  left  for  Philadelphia  and  Wash- 
ington. They  are  expected  to  visit 
a  number  of  other  eastern  cities  fol- 
lowing their  return.  George  J. 
Schaefer  and  Neil  Agnew  will  make 
a  tour  of  Paramount  exchanges 
shortly. 


Says  Big  Fox 
Dividend  Paid 
Despite  Loss 


(Continued  from   page   1) 

$8,000,000  were  disclosed  today  before 
the  Senate  committee  investigating 
Wall   Street. 

The  committee  questioned  Clarke  at 
length  upon  his  picture  transactions 
and  tomorrow  will  wind  up  its  film 
investigation  with  a  final  questioning 
of  Albert  H.  Wiggin,  former  presi- 
dent of  the  Chase  National  Bank. 

Not  Repaid,  Says  Clarke 

Concluding  his  testimony,  Clarke 
explained  that  his  claim  was  for  per- 
sonal loans  made  for  further  develop- 
ing sound  pictures  and_asserted  it  had 
only  been  credited  on  the  books  and 
payment  had  never  been  made. 

The  dividend  payment  by  Fox  was 
made  in  July,  1931,  according  to  evi- 
dence produced  by  Ferdinand  Pecora, 
committee  counsel,  with  most  of  the 
dividends  going  to  General  Theatres 
as  the  principal  stockholders.  At  the 
time  the  dividend  was  declared  it  was 
extremely  difficult  to  forecast  the 
future  trend  of  the  film  industry,  it 
was  declared  by  Herman  G.  Place, 
vice-president  of  the  Chase  Bank,  a 
former  Fox  director,  who  testified  as 
to  the  payment. 

Interruption  of  the  inquiry  by  Win- 
throp  W.  Aldrich,  president  of  the 
Chase  Bank,  to  state  that  Place  was 
not  on  the  Fox  board  when  the  divi- 
dend was  authorized  drew  upon  his 
head  a  sharp  reprimand  by  Senator 
Couzens. 

Dodge's  Additional  Testimony 

Additional  testimony  by  Murray  W. 
Dodge,  former  vice-president  of  the 
Chase  Securities  Corp.,  developed  that 
the  bank  loaned  $6,000,000  to  General 
Theatres  in  1930  for  market  operations 
in  Fox  Film  designed  to  strengthen 
the  market  as  a  basis  for  large  re- 
financing operations.  Dodge  said  the 
plan  failed,  as  the  market  collapsed, 
and  the  loan  was  never  repaid. 

Dodge  testified  to  the  sak  by  Fox 
Film  and  subsidiaries  of  large  quan- 
tities of  stock  from  which  Fox  Film 
and  Wesco  realized  over  $70,000,000 
to  meet  their  obligations.  He  placed 
in  the  record  a  full  history  of  the 
financing  which  resulted  in  tremendous 
losses  to  the  Chase  Bank  and  the 
securities  organization. 


Lee  Tracy  to  Rest  First 

Hollywood,  Nov.  27. — Whatever 
action  Lee  Tracy  intends  to  take  in 
connection  with  his  dismissal  from 
M-G-M  will  be  held  in  abeyance  until 
the  actor  has  taken  a  complete  rest. 

Stuart  Erwin  has  replaced  Tracy  in 
the  new  version  of  "Viva  Villa," 
which  started  today.  Myrna  Loy  has 
taken  Mona  Maris'  place  and  Jack 
Conway  is  now  directing  instead  of 
Howard  Hawks. 


Goldstone  to  Seek  Cure 

Hollywood,  Nov.  27. — Because  of 
illness  Phil  Goldstone  has  turned  the 
production  reins  at  Majestic  over  to 
William  D.  Shapiro  for  the  next  six 
weeks,  during  which  the  former  will 
be  at  Santa  Barbara  under  medical 
observation. 


UNIVERSAL 

marches  on-here's 
another  big  one! 


Fans  like  mystery! 
Fans  lilce  action! 
Fans  like  novelty! 
Fans  like  drama! 
Fans  like  romance! 

HERE  THEYARE! 


With  Shirley  Grey,  Ralph  Forbes, 
Hedda  Hopper,  Onslow  Stevens, 
Tom  Moore,  John  Wroy,  Brandon 
Hurst.  Screenplay  by  Tom  Reed 
from  the  novel  by  L  G.  Blochman. 
Produced  by  Carl  Laemmie,  Jr. 
Directed  by  Edwin  L.  Marin.  Pre- 
sented by  Carl  Laemmie. 


MOTION  PICTURE 

DAILY 


Tuesday,  November  28,   1933 


Price  Is  No*  1  Man  in  Milwaukee 


Fan  Dancers, 
Overseating 
In  Milwaukee 


{Continued   from    papc    1) 

them  find  themselves  splashing  in 
every  Saturday  night. 

"NVhat's  the  matter  with  our  shows? 
Why  don't  you  come  up  and  see  us 
some  time?"  are  questions  asked  by 
downtown   showmen. 

Reply    the    gay    Milwaukee    blades : 

"What  the  hell !  I  can  take  my 
girl  to  a  tavern,  slop  around  in  beer 
until  three  or  four  in  the  morning 
and  see  the  fans  drop,  all  for  about 
two  bucks." 

In  this  major  American  city,  num- 
ber one  in  the  state  of  Wisconsin, 
price  and  what  can  be  gotten  for  it 
are  the  factors  that  count.  Amuse- 
ment seekers  are  after  bargains.  That's 
what  they'll  buy,  whether  in  pictures, 
stage  shows,  or  beer  guzzling.  A 
nickel  in  a  theatre  admission  makes  a 
whale  of  a  difference  and  proof  that 
this  statement  holds  is  the  current  ex- 
ample of  one  neighborhood  house,  cir- 
cuit controlled,  which  dropped  its 
night  scale  from  30  to  25  cents  and 
at  the  lower  figure  did  $500  on  the 
first  day  with  an  inferior  attraction 
as  against  $350  at  30  cents  top  with 
an    admittedly    better    attraction. 

Here,  where  from  60  to  85  per 
cent  of  whatever  business  is  to  be 
had  files  by  the  cashiers'  bored  coun- 
tenances up  to  6  o'clock,  seven  major 
downtown  houses,  seating  16,700  com- 
bined, are  in  the  race  for  grosses. 
That's  about  all  there  is  to  it ;  they're 
in  the  race,  but  even  the  winners  are 
doing  no  cheering.  The  occasional 
big  picture  or  the  occasional  stage 
show  draw  at  the  Wisconsin  and  the 
Palace,  proverbial  competitors,  will 
net  results  naturally,  but  the  black 
doesn't  hit  the  ledgers  regularly 
enough  to  make  the  ge_neral  situation 
cheery. 

The  Wisconsin,  a  Skouras  operation 
jerked  from  the  Fox  Midwesco  to- 
boggan, has  3,000  seats,  but  doesn't 
boast  about  them.  As  the  local  front 
for  Fox,  it  naturally  has  first  call  on 
that  product,  as  well  as  two-thirds  of 
M-G-M.  Local  bondholders  are  at  the 
controls  and  have  turned  over  the  big 
house  to  Harold  J.  Fitzgerald  for 
operation    under    lease.       But    wheels 


Strange  Bedfellows 

Milwaukee,  Nov.  27 — Noth- 
ing like  appealing  to  all  pal- 
ates. .Maybe  that  explains  the 
how  and  the  why  of  the  show 
which  just  closed  at  the  Wis- 
consin, Skouras  first  run 
operation   here. 

The  picture:  "Berkeley 
Square." 

The  show:  "Harlem  Nights 
with  Eddie  South,"  marquee- 
ed  as  "The  Dark  Angel  of  the 
Violin." 

Also  "12  Sepia  Beauties." 


He  Offers  One  Way  Out 

Milwaukee,  Nov.  27 — Unbridled  competition  between  the  Palace 
and  the  Wisconsin,  two  of  the  downtown  first  runs,  often  kicks 
up  the  stage  show  at  each  to  12  acts.  In  addition,  there  is  a  feature 
thrown  in,  or  maybe  it's  the  other  way.  That  prompted  Etta 
Wiesner  to  suggest  escape  for  both  was  to  open  a  hotel  and  house 
their  own  talent. 

Funnier  than  that,  however,  is  Wiesner's  handle  which  sounds, 
and  is,  feminine  when  the  owner  most  decidedly  is  not.  He  is 
one  of  the  town's  wits,  regarded  as  a  swell  guy,  once  had  plenty 
out  of  show  business  and  today  operates  the  Shorewood  and  the 
Downer,   neighborhood    theatres   here. 


within  wheels  are  churning  and  some 
of  these  selfsame  bondholders  are  not 
agreeing  with  others  of  the  same  ilk 
with  ultimate  results  something  no- 
body can  figure  at  the  minute.  Com- 
mon gossip  among  the  well  informed 
here  tells  of  under-surface  moves  with 
the  bondholders  to  turn  the  house 
over  to  Leo  Salkin,  operator  of  the 
Palace  across  the  street.  Tom  and 
John  Saxe,  too,  are  reported  making 
eyes. 

Palace   Career   Rocky 

The  Palace,  which  runs  10  or  12- 
act  stage  shows  around  its  exclusive 
first  call  on  all  of  Paramount  and  all 
of  Columbia,  has  had  a  rocky  career. 
Orpheum  had  it  for  some  time ;  then 
RKO,  then  Fox  Midwesco  and  now  it's 
back  in  the  laps  of  the  Uihlein  Realty 
Co.,  an  offshoot  of  one  of  many  of 
Milwaukee's  well  known  brewery  con- 
cerns. Salkin,  who  runs  and  books 
this  3,000-seater,  is  the  same  man  who 
was  quondam  general  manager  for  the 
Marks  Brothers  in  Chicago;  manager 
for  Sally  Rand,  who  couldn't  be  par- 
tial to  more  than  two  fans  at  one 
time ;  booker  for  a  number  of  hot- 
cha  Windy  City  night  spots. 

The  Warner,  3,200  seats  strong — or 
weak — is  the  de  luxe  operation  here 
which  resident  film  men,  with  the  ex- 
ception of  the  local  Warner  exchange- 
men  whose  rentals  profit  thereby,  de- 
clare never  should  have  been  built 
because  the  city  already  had  too  many 
seats  without  it.  As  difficult  to  an- 
alyze as  that  was  for  them,  the  ways 
of  New  York  have  turned  even  more 
mysterious  whenever  the  1,400-seat 
Strand,  hard  by  the  Schroeder  Hotel 
is    mentioned. 

Warners  Annex  Strand 

Formerly  a  Fox  Midwesco  house, 
dark  for  the  better  part  of  the  year, 
the  Warners  annexed  it  about  Sept. 
1  as  a  slough  spot  and  for  a  roof  over 
the  head  of  the  Warner-First  Na- 
tional and  RKO  product  which  doesn't 
make  the  grade  at  the  3,200-seat  War- 
ner. Operating  six  weeks  with  in- 
different product,  the  Strand,  taken 
over  at  a  $30, (XX)  yearly  rental  and 
brushed  up  with  $10,000  worth  of 
paint  and  polish,  is  having  a  sad  time 
of  it.  Designed  to  bolster  the  buying 
power  of  the  Warner  circuit  here  and 
up-state  and  to  give  its  big  first  run 
brother  greater  selectivity  in  product, 
the  experiment  to  date  has  been  ex- 
pensive w^ith  the  end  not  yet  in  sight. 

The  Alhambra  has  35  years  of  life 
behind  it,  only  800  seats  in  its  or- 
chestra and  the  remaining  1,100  split 
into  two  balconies  into  which  cleaners 
get  every  day  if  the  public  does  not. 
Universal    is   on   the   lease  with   two 


years  to  go  at  $100,000  a  year  and 
Fred  S.  Meyer  on  a  sub-lease  at  noth- 
ing like  the  original  fancy  figure. 
Meyer  plays  Universal  naturally,  has 
call  on  the  other  third  of  M-G-M, 
but  splits  his  equation  with  the  War- 
ner. Whatever  Fox  releases  the 
Wisconsin  doesn't  want  or  can't  use 
are  also  available  to  the  Alhambra. 

U.  A.  Has  New  Garden 

United  Artists  finds  expression  here 
through  the  New  Garden,  operated 
by  L.  K.  Brin  by  a  deal  with  the 
Schlitz  brewery  interests,  although 
U.  A.  is  believed  locally  to  be  on 
some  of  Brin's  guarantees  with  his 
landlords.  His  18  promised  releases 
from  United  naturally  are  not  enough 
to  keep  the  house  going.  Since  the 
rest  of  the  major  lineups  are  pledged 
elsewhere,  Brin  fills  in  with  whatever 
he  can  get.  Thus,  the  Wisconsin 
didn't  want  "Charlie  Chan's  Greatest 
Case,"  the  Alhambra  held  over 
"Only  Yesterday"  and  the  picture 
wound  up  at  the  New  Garden. 

These  six  theatres — the  Wisconsin, 
Palace,  Warner,  Strand,  Alhambra 
and  New  Garden — are  the  front  line 
of  first  runs.  The  first  three  let 
them  in  at  two  bits  from  opening  at 
11:30  to  1  P.  M.;  send  the  tariff  up 
to  35  cents  from  1 :30  to  6  P.  M. 
and  agree  on  50  cents  thereafter.  The 
last  three  dip  slightly  under  that 
scale.  The  opening  bracket  is  iden- 
tical but  runs  to  2 :30  P.  M.,  thereby 
giving  the  "early  birds"  an  extra  hour 
at  low  tariffs ;  the  second  is  tipped  to 
only  30  cents  and  the  night  price, 
which  fails  to  draw  appreciably  at 
any  of  these  half  dozen  houses  any- 
way, ends  at  40  cents.  There  are  not 
many  major  cities  in  the  country 
where  prices  are  as  low.  Also  there 
is  no  major  city,  except  perhaps  Cin- 
cinnati, where  the  thrifty  German  is 
to   be   found   in    such   great   numbers. 

Competition  Is  Costly 

The  constant  competitive  clash  be- 
tween the  Wisconsin  and  the  Palace 
is  leaving  scars  along  Wisconsin  Ave. 
The  perpetual  pyramiding  of  stage 
shows  is  costing  both  heavily,  making 
it  difficult — some  say  impossible — to 
come  out  on  the  basis  of  permanent 
operations  and  keeping  Meyer,  David 
E.  Weshner,  recently  appointed  War- 
ner zone  manager  here,  and  Brin 
in  a  frame  of  mind  which  'is  anything 
but  comfortable. 

But  behind  it  all  is  another  factor 
which  contributes  largely  to  the  melee 
and  makes  fixing  the  responsibility 
one  tough  job  to  pierce.  To  explain 
it   requires   a   digression. 

Max  Annenberg,  publisher  of  Rac- 
ing Form  and  other  turf  papers  and 


Competition 
In  Show  World 
Of  City  Costly 


one-time  publisher  for  Wm.  Randolph 
Hearst,  is  a  friend  of  Aaron  Jones — 
the  Jones  of  Jones,  Linick  and 
Schaefer,  one  of  Chicago's  pioneering 
theatre   partnerships. 

When  Fox  Midwesco  went  into 
bankruptcy  and  let  loose  a  varied  as- 
sortment of  complications,  two  of  its 
theatres,  the  Oriental  and  Tower, 
went  back  to  Annenberg,  who  owns 
the  properties.  From  Annenberg  to 
Aaron  Jones  to  Johnny,  Aaron's  son, 
the  sequence  went  until  now,  when 
Johnny  operates  those  houses,  slips  in 
vaudeville  a  couple  of  days  a  week, 
takes  more  display  advertising  in  the 
Milwaukee  dailies  than  the  downtown 
first  runs  and  gives  the  de  luxers 
heart   palpitations. 

Tom  and  John  Saxe,  whose  origin- 
al circuit  expansion  in  Milwaukee  and 
throughout  Wisconsin,  a  few  years 
ago,  later  found  them  in  a  deal  with 
William  Fox,  are  doing  ditto.  They 
found  themselves  in  theatre  operation 
again  when  Midwesco  went  blooey 
and  today  in  this  city  run  the  Gar- 
field, Modjeska,  Uptown,  Mirth,  Ti- 
voli  and  Princess  as  the  Saxe  Amuse- 
ment  Management,  Inc. 

What  the  answer  to  all  this  is  de- 
pends upon  who  does  the  talking. 
Jones  and  the  Saxes  feel  they  can 
run  vaudeville  if  they  like  to  combat 
downtown.  The  downtowners  yell 
it's  hurting  and  it  is.  Weshner,  whose 
short  tenure  of  office  here  already  has 
made  him  a  lot  of  friends^  is  known 
to  be  trying  to  ward  off  stage  shows 
of  the  Palace  and  the  Wisconsin  type 
or  any  other  type.  Already  he  has 
slipped  in  Amos  'n'  Andy  with  disas- 
trous results  at  the  Warner  and  isn't 
anxious  to  try  any  more  if  he  can 
avoid  it.  The  Wisconsin  goes  heavily 
for  stage  stuff  because  the  Palace 
does ;  the  Palace  does  because  the 
Wisconsin  does  and  the  pair  does  it, 
say  they,  to  meet  Jones  and  the  Saxes. 
There  you  are,  but  where  are  you? 
Checks  Being  Discussed 

And  yet,  because  the  situation  is 
not  tenable,  because  grosses  at  big 
theatres  are  knockouts  when  they  hit 
around  $7,000,  because  everyone  is  in 
the  same  boat  and  that  boat  is  rocking 
sadly  some  sort  of  a  check,  mutually 

{Continued  on  page  7) 


Staging  Comeback 

Milwaukee,  Nov.  27— "Punk" 
is  the  film  gang's  pet  boot- 
legger. He's  otherwise  known 
as  Jack  Goldman  and  once 
worked  for  M-G-M  as  a 
checker. 

"What's  'Punk'  going  to  do 
after  Dec.  5?"  seemed  a  logi- 
cal question. 

"Why,  simple,"  replied  Fred 
S.  Meyer,  "He's  coming  back 
into  the  picture   business." 


Tuesday,  November  28,   1933 


MOTION  PICTVRC 

DAILY 


Hertz  States 
He  Cut  Costs 
$23,000,000 


(.Continued  from  page  1) 
the  close  of  a  four  and  one-half  hour 
examination  at  an  adjourned  meeting 
of  Paramount  Publix  creditors  before 
Referee  Henry  K.  Davis  yesterday, 
and  was  made  in  reply  to  persistent 
questioning,  replete  with  damaging  in- 
nuendos,  by  Samuel  Zirn,  counsel  for 
a  Paramount  bondholders'  group. 

In  the  course  of  questioning  Hertz 
on  the  Paramount  credit  transaction  of 
early  1932  by  which  Film  Productions 
Corp.,  a  new  Paramount  subsidiary, 
obtained  new  credit  from  12  banks, 
Zirn  remarked  that  "the  results  of 
your  stewardship  were  that  Para- 
mount Publix  was  left  as  a  mere  shell, 
its  assets  held  by  subsidiary  companies 
and  creditor  banks  given  a  preference 
before  you  gave  up  the  sinking  ship, 
isn't  that  so?" 

Visibly  stirred  for  the  first  time  by 
Zirn's  allegations,  which  had  been  fre- 
quent and  unrestrained  throughout  the 
examination,  Hertz  characterized  the 
question  as  an  "ignorant  one,"  but  said 
that,  despite  that,  he  would  give  his 
ideas  of  the  results  of  his  "steward- 
ship." 

Used  "Fine-Tooth  Comb" 

"I  went  over  the  company  with  a 
fide-tooth  comb  and  worked  myself 
silly  trying  to  keep  it  a  going  con- 
cern," Hertz  exclaimed.  "I  reduced 
operating  costs  in  1932,  $23,000,000  as 
compared  with  1931.  I  larought  them 
down  from  $133,000,000,  where  they 
were  at  the  end  of  1931,  to  $110,000,- 

000  by  the  end  of  1932.  I  obtained 
rental  reductions  of  $10,000,000.  I  se- 
cured the  cancellation  of  a  lease  at 
Rochester,  N.  Y.,  from  the  Eastman 
Kodak  Co.  that  had  several  years  to 
run  and  was  costing  us  $200,000  an- 
nually. I  had  200  telephones  taken 
out  of  the  home  office."  he  concluded. 

"And  as  a  result  of  your  improve- 
ments the  company  went  into  a  dis- 
graceful bankruptcy  at  the  end  of  14 
months,"  Zirn  remarked. 

"If  that's  what  the  record  shows," 
Hertz   smiled. 

Attorneys  for  the  Paramount  trus- 
tees objected  to  Zirn's  description  of 
the  bankruptcy  as  "disgraceful,"  and 
Referee  Davis,  sustaining  them,  or- 
dered the  adjective  stricken  from  the 
record. 

Repeated  efforts  of  Zirn  through- 
out the  examination  to  win  an  admis- 
sion from  Hertz  that  he  had  not  done 
everything  he  might  have,  as  chairman 
of  the  finance  committee,  to  protect 
the  interests  of  stock  and  bonkholders 
of  the  company  bore  no  fruit. 

Hertz  repeatedly  maintained  that  he 
"was  on  the  job  to  serve  no  special 
interests,  but  to  do  the  best  I  could 
for  the  company,  its  creditors  and 
stockholders  and  my  own  reputation." 

"By  aiding  the  company  in  continu- 
ing in  business,"  he  said,  "I  felt  that 

1  was  doing  the  best  for  it  and  every- 
one  having   any   connection   with    it." 

In  reply  to  a  question  put  to  him 
by  Zirn,  Hertz  denied  that  he  had 
sold  any  Paramount  Publix  stock 
"short"  at  any  time.  He  testified  that 
he  had  bought  some  of  the  company's 
stock  in  conjunction  with  Albert  D. 
Lasker,  former  Paramount  director, 
but  that  it  had  been  sold  eventually 
at  a  loss  to  both.    Hertz  was  unable 


Fan  Dancers^  Overseatingy 
Taverns  Trouble  Beer  City 


{Continued 
arrived  at  to  halt  such  unbridled  com- 
petition is  possible.  It  is  being  talked 
about  hopefully.  Certainly,  any  such 
step  would  help  a  situation  which 
needs  helping  badly. 

Whether  or  not  the  contemplated 
move  will  be  successful  in  embracing 
Joe  Cooper  and  the  Riverside  is  a 
question  mark.  Cooper  is  the  man 
who  went  the  limit  on  dime  shows  in 
Ohio  and  then  leased  the  Hippodrome, 
New  York,  on  the  same  basis  with  any 
run  pictures  and  a  catch-as-catch-can 
vaudeville  policy.  Pretty  much  the 
same  type  of  operation  exists  here. 
The  Riverside  seats  3,000,  was  built 
by  RKO,  later  was  turned  over  to 
Brin,  still  later  went  dark  for  a 
couple  of  months,  now  proceeds  on  a 
combination  policy  at  15,  20  and  25 
cents,  annoys  the  hell  out  of  the  high- 
er-priced first  runs  because  it  makes 
the  public  price-conscious  after  the 
M.  P.  T.  O.  had  lined  up  other  down- 
towners to  omit  tariffs  in  their  news- 
paper advertising  and  causes  the  de 
luxe  neighborhood  houses  at  two  bits 
cossistent  trouble. 

Complex  as  the  situation  is,  the  end 
is  not  yet  in  sight.  There  is,  for  in- 
stance, the  Majestic.  This  is  a  1,- 
400-seater,  dark  at  the  minute  although 
it's  hard  to  say  for  how  long.  An 
original  member  of  the  Orpheum  fam- 
ily and  the  home  of  that  once  so  pow- 
erful outfit's  vaudeville  in  Milwaukee, 
it  later  passed  to  RKO  and  then  went 
into  second  place  when  the  Riverside 
was  built.  Brin  tried  his  hand  here, 
too,  and  for  a  time  stock  strode  the 
boards.  A  year  ago  Lew  Kane  of 
the  Mayfair,  Detroit,  who  says  things 
that  aren't  nice  about  H.  M.  Richey 
and  the  Mid-States  buying  combine  in 
the   Motor   City  took  a   flyer   at  the 


from  page  6) 
Majestic  with  vaudeville.  He's  been 
back  in  Detroit  for  some  months. 
Anyone  who  tries  reviving  the  the- 
atre would  be  plain  nuts  in  the  eyes 
of  the  local  film  fraternity.  That, 
however,  certainly  does  not  mean  it 
won't  be. 

"Blood  and  thunder"  houses  congre- 
gate in  back  of  Wisconsin  Ave.  and 
are  the  Miller,  operated  by  Skouras ; 
the  Princess,  one  of  the  Saxe  group, 
and  the  Whitehouse,  destinies  in  the 
hands  of  O.  L.  Meister  and  the  White- 
house  Theatre  Co.  Combining  to  a 
total  seating  capacity  of  about  5,000, 
their  price  range  runs  from  10  to  20 
cents,   sometimes   25   cents. 

The  legitimate  houses  include  the 
Pabst  and  the  Davidson.  They  are 
off  to  a  stage  policy  beginning  this 
fall,  something  Olsen  and  Johnson 
with  their  "Take  a  Chance"  com- 
pany will  list  among  their  fond  mem- 
ories. They  played  a  week  here  and 
actually  did  $386  one  afternoon  and 
evening  at  $2.20  top.  Nobody  can 
tell,  on  the  other  hand,  when  either 
or  both  spots  will  swing  back  to  Ufa 
or  other  foreign  pictures,  thereby 
throwing  additional  competition  into 
the  ring. 

Last,  but,  as  usual,  by  no  means 
least,  is  the  Auditorium.  Seats,  8,000. 
Policy :  from  fights  to  opera.  Compe- 
tion :   plenty. 


What  happened  to  the  once  domi- 
nant Fox  Midwesco  circuit,  Wiscon- 
sin's joremost ;  an  insight  into  the  gen- 
eral economic  situation  in  Milwaukee 
and  the  state;  the  NRA,  the  code  and 
repeal  through  Badger  eyes — these 
will  be  discussed  in  the  second  article 
in  this  series. 

(Copyright,  1933,   Quigley  Publications) 


to  recall  how  much  stock  had  been 
involved  in  the  joint  purchase,  but  said 
he  believed  it  was  less  than  20,000 
shares. 

Denies   Drawing  $104,000 

Hertz  denied  that  he  had  drawn 
$104,000  for  the  year  prior  to  his 
resignation,  as  testified  by  Paramount 
executives  earlier  in  the  hearing,  ex- 
plaining that  his  contract  called  for 
a  drawing  account  of  $2,700  weekly, 
"of  which  I  drew  $1,700  weekly  and 
contributed  $1,000  a  week  to  the  com- 
pany," he  said. 

Questioned  about  the  $7,500  pay- 
ment made  on  his  resignation,  identi- 
fied earlier  as  the  balance  due  on  a 
lease  for  a  New  York  apartment  oc- 
cupied by  Hertz,  the  Chicago  financier 
declared  it  was  the  only  payment  made 
him   after  his   resignation. 

"You  see,"  he  remarked,  "I  settled 
my  claims  against  the  company  more 
cheaply  than  did  the  executives  who 
resigned  from  it  ahead  of  me." 

Hertz  reiterated  that  there  had  been 
no  discussion  of  a  receivership  or  bank- 
ruptcy prior  to  his  resignation,  and  in 
this  connection  denied  that  a  prepared 
press  statement  tending  to  show  that 
Hertz's  efforts  to  solve  Paramount's 
financial  difficulties  had  not  been  com- 
pletely successful,  had  been  prepared 
to  announce  a  consent  receivership  on 
Jan.  2.  Hertz  resigned  on  Jan.  6  and 
the  company  consented  to  an  equity 
receivership  Jan.  27.  He  said  that,  as 
he  remembered  the  statement,  it  had 


been  prepared  to  announce  his  resigna- 
tion from  Paramount.  The  statement 
in  question  was  never  released,  an 
entirely  different  one  having  Been 
given  out  at  the  time  Hertz  resigned, 
four  days  later. 

Hertz  denied  that  his  posts  as  direc- 
tor in  various  large  corporations  de- 
manded more  of  his  time  than  was 
necessary  for  attending  occasional  di- 
rectors' meetings,  declaring  that  he 
gave  all  of  his  time  to  Paramount, 
although  his  contract  involved  only  a 
"part    time    arrangement." 

Took  All  His  Time 

"I  worked  for  Paramount,"  he  said, 
"from  9  or  10  in  the  morning  to  7  or 
8  at  night,  with  an  hour  for  lunch  and 
two  vacations,  one  at  Miami  and  one 
at  my  Cary,   111.,   farm." 

Explaining  Paramount's  retention  of 
the  Lord  &  Thomas  and  Logan  ad- 
vertising agency  following  election  of 
Lasker,  head  of  the  agency,  to  the 
Paramount  directorate.  Hertz  said,  in 
reply  to  questions,  that  he  had  "helped 
to  convince  Paramount  that  Lord  & 
Thomas  and  Logan  was  one  of  the 
most  efficient  agencies  in  the  country." 

He  said  the  switch,  involving  "sub- 
stantial" business  for  the  agency,  fol- 
lowed the  resignation  of  Sidney  R. 
Kent  from  Paramount.  Kent,  Hert? 
said  he  understood,  was  in  charge  of 
the  company's  advertising  up  to  that 
time. 

Questioned  in  connection  with  Par- 
amount's   sale  of  its   half  interest   in 


Sears  Not  to 
Get  New  Post, 
Avers  Warner 


(Continued  from  page   1) 

A.  W.  Smith  will  remain  in  charge  of 
eastern  and  Canadian  distribution. 

Major  Warner's  statement  was  is- 
sued in  reply  to  a  Chicago  dispatch 
which  appeared  yesterday  in  the 
Motion  Picture  Daily  to  the  effect 
that  Sears  was  slated  for  advance- 
ment. 

"It  would  be  foolish  to  break  up  the 
unbeatable  sales  combination  we  now 
have  in  Smith  and  Sears,"  stated 
Major  Warner.  "Smith  will  continue 
as  general  sales  manager  in  charge 
of  eastern  and  Canadian  distribution, 
while  Sears  will  continue  to  act  as 
general  sales  manager  in  charge  of 
western  and  southern  distribution." 

Sears  supplemented  Major  War- 
ner's denial  by  pointing  out  how  em- 
barrassing rumors  of  this  sort  are 
both  to   Smith  and  himself. 

"Rumors  of  this  sort  are  unfair  to 
both  Smith  and  myself,"  he  said. 
"Andy  and  I  are  working  together, 
and  to  have  either  one  or  the  other 
mentioned  in  a  story  of  this  sort  is 
not  only  embarrassing  to  both  of  us, 
but    it    does    irreparable   harm." 

Columbia  Broadcasting  System,  Hertz 
said  that  it  was  "an  opportunity  to 
turn  a  loss  into  a  profit;  that  the 
company  got  rid  of  a  debt  and  obtained 
$1,200,000  in  cash  through  the  deal, 
and  did  it  by  performing  a  legal  con- 
tract. I  thought  I  deserved  a  medal 
for  that  transaction,"  Hertz  com- 
mented. 

Hertz  testified  •  that  he  had  sought 
to  have  the  stock  purchase  plan  par- 
ticipated in  by  Paramount  employes 
"reorganized"  in  1932  to  make  of  it  a 
"profit  sharing"  plan  at  such  time  as 
the  company's  operations  again  became 
profitable. 

Zirn  Statements  Draw  Fire 

Zirn's  repeated  allegations  and  in- 
nuendos  throughout  the  examination 
led  to  several  sharp  clashes  between 
himself.  Referee  Davis  and  other  at- 
torneys. The  referee  on  one  occasion 
charged  Zirn  with  "misbehavior"  and 
appeared  on  the  verge  of  disciplining 
him.  On  another  occasion  an  allusion 
to  "racketeering"  was  made  by  God- 
frey Goldmark,  Paramount  attorney, 
in  commenting  on  Zirn's  activities  and 
procedure  throughout  the  hearings. 

Hertz  was  questioned  first  by  H.  J. 
Friendly,  of  counsel  for  the  Para- 
mount trustees,  in  connection  with  the 
renewal  of  a  Paramount  credit  iTote 
for  $292,170,  held  for  Louis  L.  and 
Meyer  "Marks,  former  Chicago  exhibi- 
tors, by  the  Continental  Illinois  Bank 
as  agent.  A  one-year  extension  on  the 
note  was  granted  late  in  1931  in  con- 
sideration for  which  Paramount  open- 
ed a  special  account  of  $146,000  with 
the  Chicago  bank.  The  deposit  was 
not  to  be  drawn  against  as  long  as  the 
Marks  note  remained  unpaid.  The 
Chicago  bank  has  long  since  laid  claim 
to  this  deposit  and  the  Paramount 
trustees  are  making  efforts  to  free  it. 

Friendly  also  questioned  Hertz  in 
connection  with  rental  reduction  and 
rental  deferment  negotiations  had  with 
Allied  Owners  Corp.  in  1932.  Jhe 
trustees  are  now  contesting  Allied's 
creditor  claim  of  several  million  dol- 
lars, largely  based  on  future  rents. 


MOTION  PICTURE 

DAILY 


Tuesday,  November  28,    1933 


ii 


Denver  Tips 
Duck  Soup" 
$11,000  Top 


Denver.  Nov.  27. — "Duck  Soup" 
drew  like  a  house  afire  at  the  Den- 
ham  last  week,  piling  up  a  gross  of 
$11.1K)0  for  the  week.  This  is  above 
normal  by  $3,500. 

"Footlight  Parade,"  held  over  for  a 
second  week  at  the  .-Maddin,  was  still 
good  for  $4,250,  topping  average  by 
about  20  per  cent.  "Christopher 
Bean"  was  also  a  strong  draw  at  the 
Denver,  going  over  par  by  $1,000  for 
a  gross  of  $8,500. 

Total  first  run  business  was  $35,550. 
.Average  is  $30,500. 

Estimated  takings  for  the  week  end- 
ing  Nov.   23  : 

"FOOTUGHT  PARADE"   (Warners) 

AL.\UDI.\-(l..=iOO).  25c-40c-50c,  2nd  week. 
7   days.    Gross:   S4.250.    (Average,  %3,500.) 
"DUCK  SOUP"   (Para.) 
DENHAM--(1.50O).     25c-.^Oc-40c,     7     days. 
Stage  show.  Gross:  ?11.000.  (Average.  $7,500.) 
"CHRISTOPHER    BEAN"    (M-G-M) 
DENVER— (2.50O),     25c-.'5c-50c.      7     clays. 
Gross:     $8..=iOO.       (Average.    $7,500.) 
"THE  CHIEF"   (M-G-M) 
OR PHEUM— (2.600).    25c-35c-40c,    7    days. 
Stage   show   with    Fred   Schniitt's   orchestra. 
Gross:    $9,000.    (Average,    $10,000.) 
"WILX)   BOYS   OF   THE   ROAD"    (F.   N.) 
PARAMOINT— (2,000).     25c-40c,    3    days. 
Ooss:    $1,000. 

"DAY    OF    RECKONING"    (M-G-M) 
P.\RA.\IOL'.NT -(2.000).    25c-40c,    4    days. 
Gross:     $1,800.       (Average     for     the     week, 
$3,500.) 


"Prizefighter"  Is 
Indianapolis  Lead 

India.napous,  Nov.  27.  —  "The 
Prizefighter  and  the  Lady"  took  top 
honors  here  last  week  at  the  Palace 
with  a  gross  of  $6,000,  over  par  by 
$1,500. 

"Right  to  Romance"  at  the  Circle 
was  the  only  above-normal  attraction. 
It  grossed  $4,000.  Other  first  runs 
were  off. 

Total  first  run  business  was  $22,500. 
Average  is  526,500. 

Estimated  takings  for  the  week  end- 
ing Nov.   18: 

"AFTER  TONIGHT"    (Radio) 

APOLU>-(1.100).  25c-40c,  7  days.  Gross: 
$2,000.    (Average.    $2,500.) 

"RIGHT  TO  ROMANCE"   (Radio) 

CIRCLE  -(2.800).    2.Sc-40c,    7    days.    Gross: 
$4,000.    fAvcrage.   $!.50O.) 
"KENNEL    MURDER    CASE"     (Warners) 

I.N'DIA.N'A— (3.300).  25c-55c,  7  days.  Gross: 
$6,000.    rAvcrage.    $10,000.) 

"THE  MAYOR  OF  HELL"   (Warners) 

LYRIC  f2,0nO),  25c-40c,  7  days.  Gross: 
$4,500.    fAver.iKc.   J/i.OCjO.) 

"THE    PRIZEFIGHTER    AND    THE 
LADY"  (M-G-M) 

PALACE— (3,000).  25c-40c,  7  days.  Gross: 
$6,000.    (Average,    $4,500.) 


Arcadia  to  Go  Dark 

WiL.Mi.NCTOx,  Nov.  27. — The  Arca- 
dia, a  Stanley-Warner  first  run,  will 
shut  down  Dec.  2.  William  Gallagher, 
manager,  has  been  transferred  to  the 
Lansdowne  at  Lansdowne,  Pa.  The 
Savoy,  an  S-W  second  run,  closed 
again  recently. 


Fairbanks  Starts  Soon 

Lo.NDo.v,  Nov.  27. — Douglas  Eair- 
banks'  first  for  London  Film  Produc- 
tions will  start  shortly.  Preparations 
for  "Exit,  Don  Juan"  are  now  under 
way.  It  will  be  released  by  I'nited 
Artists. 


Philadelphia 
Gives  "Angel" 
Huge  $32,500 


PllIL.MlELI'HI.A,  Nov.  27. — "I'm  No 
-Angel"  left  the  Stanley  cashiers  gasp- 
ing for  air  last  week.  The  $32,500 
gross  was  just  $20,500  over  normal 
and  that's  far  enough  over  normal  to 
cause  a  sensation  in  any  section  of 
this  town.  It  wasn't  quite  up  to  the 
"Frankenstein"  record,  but  it  was 
close  enough  to  make  a  lot  of  Stanley- 
Warner  executives  happv. 

"The  Private  Life  of'Henry  VlII" 
was  also  something  to  get  excited 
about.  It  piled  up  $11,400  at  the  Al- 
dine,  running  past  the  par  mark  by 
$4,400.  The  rest  of  the  town,  with  the 
e.xception  of  the  second  run  of  "Foot- 
light  Parade"  at  the  Karlton,  was  off. 
Total  first  run  business  was  $102,- 
950.    Average  is  $84,700. 

Estimated  takings  for  the  week  end- 
ing Nov.  23  : 
"PRIVATE    LIFE   OF    HENRY    VIII" 

(U.   A.) 
ALDINE— (1,200).      40c-55c-65c.      6      days. 
Gross:    $11,400.    (Average,    $7,000.) 

"RAFTER    ROMANCE"    (Radio) 
(2nd    run) 
.\RCADIA— (600),      25c-40c-50c.      3      days. 
Gross:    $850.    (Average,    6    days,    $2,400.) 
"CHRISTOPHER   BEAN"    (M-G-M) 
BOYD— (2,400),  40c-55c-65c,  6  days.  Gross: 
$10,500.    (Average.   $12,000.) 

"DINNER   AT    EIGHT"    (M-G-M) 
CHEST.NUT— (1.500),     55c-$1.65.     6     days. 
4th    week.    Gross:    $5,000.    (Average,    $7,000.) 
"MEET   THE    BARON"    (M-G-M) 
EARLE— (2,000),       40c-55c-65c,       6       days. 
Stage:     Dave    Apollon's    revue;     Wills    and 
Davis,    and    James    Evans    and    Co.    Gross: 
$11,000.    (Average.   $12,000.) 

"JIMMY    AND    SALLY"    (Fox) 
F(X\— (3,000) .    3Sc-55c-75c.    6   days.    Stage: 
I.ou    Holtz    and    his    Winter    Garden    Revue. 
Gross:    $15,500.     (Average,    $16,000.) 

"FOOTLIGHT  PARADE"   (Warners) 
(Znd   run) 
KARLTOX— (1,000),    30c-40c-S0c,    6    days. 
Gross:    $3,700.    (Average,    $3,500.) 

"CURTAIN    AT   EIGHT"    (Majestic) 
KEITH'S-(2.000),      25c-35c-40c,      6     days. 
V'audeville.   Gross:    $6,000.    (Average,    $7,000.) 
"I'M    NO    ANGEL"     (Para.) 
STANLEY— (3,700).     40c-55c-65c,     6 
Gross:     $32,500.     (Average,     $12,0«).) 
"ACE  OF  ACES"    (Radio) 
STA\TON-(1,700),     30c-40c-55c,     6 
Gross:    $6,000.    (Average,    $7,000.) 


days. 


days. 


Cleveland  Gets  Another 

Cle;vela.\d,  Nov.  27.  —  Although 
already  over-seated,  Cleveland  will 
have  a  new  theatre  about  Christmas 
time.  Robert  McLaughlan,  former 
manager  of  the  Ohio,  heads  a  group 
of  local  men  who  are  converting  the 
er.st while  Woman's  City  Club  into  a 
theatre  for  stock  stage  presentations, 
with  an  adjoining  cafe,  to  which 
patrons  may  go  between  acts.  The 
theatre  will  be  called  the  Town  Hall, 
and  admission  price  will  be  held  to  $1. 


Ten  Cincy  Houses  Reopen 

Ci.\-ci.\NATi.  Nov.  27.— Continuance 
of  improved  conditions  in  the  Cincin- 
nati territory  is  reflected  in  the  fact 
that  10  houses  reopened  in  October, 
with  only  four  going  dark,  according 
to  information  released  by  the  Cin- 
cinnati   Film   Board  of  Trade. 


Assign  Miss  Carlisle 

HoLi.vwooD,  Nov.  27.— I-'irst  assign- 
ment for  Kitty  Carlisle  under  her 
Paramount  contract  will  be  "Murder 
at  the  Vanities."  The  recently  signed 
player  is  now  appearing  in  "Cham- 
pagne   Sec"   in   New  York. 


Improving  the  Bible 

Hollywood,  Nov.  27.— Holly- 
wood's old  adage,  "Let  no  one 
cast  the  first  stone,"  was  re- 
cently changed  by  a  local 
critic  after  reviewing  a  pic- 
ture to 

"Someone  should  stone  the 
cast." 


•"Way  to  Love"  and 
Amos  Buffalo  Top 


Buffalo,  Nov.  27. — Amos  'n'  Andy 
in  person  proved  a  healthy  adjunct  to 
"The  Way  to  Love"  and  the  Bufifalo 
soared  to  $21,000,  or  $6,000  above  par. 
"Footlight  Parade"  also  was  $1,000 
over  normal  in  its  second  week. 
Warmer  weather  after  the  near-zero 
spell  helped. 

Total  first  run  take  was  $54,200. 
Normal  is  $48,300. 

Estimated  takings  for  the  week  end- 
ing Nov.  24 : 

"THE    WAY    TO    LOVE"    (Para.) 
BUFFALO— (3.500),       .?Oc-55c.       7       days. 
Stage:    Amos    'n'    Andy,    Stone    &    Vernon, 
Cass.   Mack  &  Owen,   Mickey  Conti.    Gross: 
$21,000.    (Average.    $15,000.) 
"EVER    IN    MY    HEART"     (Warners) 
CENTURY— (3.000).    2.5c,    7    days.    Gross: 
$6,900.    (Average.    $6,000.) 

"FOOTLIGHT  PARADE"   (Warners) 
(JREAT   LAKES— (3,000).   25c-40c,   7   days, 
2nd   week.   Gross:  $11,000.    (Average,  $10,000.) 
"BROADWAY  THRU  A  KEYHOLE" 

(U.  A.) 
HIPPODROME— (2,100),  25c-40c,  7  days. 
Stage:  Benny  Ross  &  Maxine  Stone,  Run- 
way Four,  Sue  Hastings'  Marionettes, 
Johnny  Woods,  Ethel  Parker  &  San- 
dino  with  O'Connell  Sisters  and  Bob  Davis, 
Billy  Farrell  &  Dad,  Hatt  &  Herman, 
Bentell  &  Gould.  Gross:  $8,700.  (Average, 
$10,000.) 

"NIGHT   AND    DAY"    (Gainsborough) 
HOLLYWOOD— (300),     25c. 40c,      7     days. 
Gross:   $400.    (Average,   $800.) 

"MASTER  OF   MEN"    (Col.) 
LAFAYETTE— (3,300),  25c,  7  days.  Gross: 
$6,200.    (Average,   $6,.500.) 


AMPA  Drops  Twenty 
Delinquent  Members 

The  executive  committee  of  the 
AMPA  is  still  cleaning  house.  Meet- 
ing at  the  Hotel  Astor  yesterday  the 
group  decided  to  drop  20  members 
who  have  been  in  arrears  on  dues. 
All  printers  and  engravers  are  now 
out  of  the  association  and  efiforts  are 
being  made  to  bring  back  to  active 
participation  sotne  of  the  more  prom- 
inent natnes  who  dropped  out  years 
ago. 

In  a  move  to  foster  the  general  wel- 
fare of  its  roster,  the  AMPA  willre- 
fund  to  the  rUm  Daily  Relief  Fund 
$1,500  which  was  spent  taking  care 
of  the  organization's  men  in  need  at 
one  time  or  another. 

Incidentally  trade  paper  men  are 
being  asked  to  become  active  despite 
the  recent  attack  on  them  by  Columbia. 


"Footlight'' 
Big  in  2nd 
Seattle  Week 


Kane  to  Make  Three 

Hollywood,  Nov.  27. — In  addition 
to  producing  George  White's  "Scan- 
dals," Robert  Kane  has  contracted  to 
make  two  more  for  Fox.  First  of  the 
two  additional  films  will  be  a  musical 
spectacle  with  a  gypsy  Hungary  back- 
ground with  Krik  Charrell,  Continen- 
tal stage  director,  handling  the  mega- 
phone. The  last  of  the  three  will  be 
with  Charles  Boyer,  English  actor, 
directed  by  Hans  Schwartz,  formerly 
with   Ufa. 

Kane's  knowledge  of  European  tal- 
ent with  Paramount  accounts  for  the 
new   productions. 


Seattle,  Nov.  27. — In  another  "ofif" 
week,  top  honors  went  to  "Footlight 
Parade"  in  its  second  week  at  Ham- 
rick's  Music  Box.  The  second  seven 
days'  run  showed  a  gross  of  about 
$5,500,  against  a  normal  first  week  of 
$4,000.     It  was  held  again. 

"My  Weakness,"  despite  an  elabo- 
rate teaser  campaign  and  advance  pub- 
licity, failed  to  show  much  strength  at 
the  Fifth  Avenue,  taking  a  normal 
$7,000.  The  third  week  of  "I'm  No 
Angel"  at  the  Paramount  fell  to 
$4,500. 

"After  Tonight"  at  the  Blue  Mouse 
was  below  par,  as  was  "There  Goes 
the  Bride"  at  the  Metropolitan.  Roscoe 
Ates  in  person  at  the  Roxy  helped 
build  grosses  a  bit  at  that  house,  but 
the  Orpheum  vaudeville-film  show  was 
not  strong. 

Total  first  run  business  was  $39,500. 
Average  is  $42,000. 

Estimated  takings  for  the  week 
ending  Nov.  18 : 

"AFTER  TONIGHT"   (Radio) 

BLUE    MOUSE— (950),    25c-35c-40c-5Sc,    7 
days.      Gross:    $3,500.      (Average,    $4,000.) 
"MY  WEAKNESS"    (Fox) 
FIFTH      AVENUE— (2,450),      25c-35c-40c- 
55c.  7  days.  Gross:  $7,000.    (Average.  $7,000.) 
"THt   AVELNGER"    (Monogram) 
"THE   LAST  TRAIL"    (Fox) 
LIBERTY— (1,800),     10c-15c-25c,     7     days. 
Gross:    $4,000.      (Average.    $4,000.) 

"THERE  GOES  THE  BRIDE" 
(Csaumont-British) 
METROPOLITAN-(1,300),    20c-30c-40c.    6 
days.      Guterson's    orchestra    and    prologue. 
Gross:    $2,500.      (Average,   $3,500.) 

"FOOTLIGHT  PARADE"  (Warners) 
MUSIC      B(J^— (950),     25c-35c-40c-55c,     7 
days,   2nd   week.     Gross:    $5,500.      (Average, 
first   week.  $4,000.) 

"TILLIE  AND  GUS"   (Para.) 
ORFTIEUM- (2:500),    25c-35c-S0c,    7   days. 
Vaudeville  headed  by  Gilbert  Revue.  Gross: 
$6,000.      (Average,    $7,000.) 

"I'M   NO   ANGEL"   (Para.) 
PARAMOUNT— (3,050).   2Sc-35c-4Dc-55c.   7 
days.   2nd  week  of  extended  run  from   Fifth 
Avenue.       Gross:     $4,500.       (Average,     first 
week,   $6,000.) 

"ABOVE   THE  CLOUDS"    (Col.) 
ROXY    —    (2,275),      25c-35c-50c,      f     days. 
Vaudeville   headed   by    Roscoe   Ates.    Gross: 
$6,.S0O.      (Average,   $6,500.) 


St.  Clair  Walks  Out 

Hollywood,  Nov.  27. — Following  a 
disagreement  between  George  Mar- 
shall, supervisor  of  Fox's  "Heir  to 
the  Hoorah,"  and  Director  Mai  St. 
Clair,  the  latter  walked  out,  with 
Marshall  stepping  in  to  assume  the 
directorial  reins.  "Heir  to  the 
Hoorah"  features  George  O'Brien 
and  has  been  in  production  about  a 
week. 


*U'  Gets  Chester  Morris 

Hollywood,  Nov.  27.  ■ —  Chester 
Morris  has  been  signatured  to  a 
three-year  contract  by  Universal,  with 
the  paper  calling  for  three  pictures  a 
year.  This  will  not  prevent  him  from 
working  on  other  lots.  His  first  will 
be  an  untitled  original  by  William 
Anthony  McGuire,  who  is  now  pen- 
ning  the    script. 


Cooper,  Kahane  Confer 

Hollywood,  Nov.  27. — B.  B.  Ka- 
hane is  conferring  with  Merian  C. 
Cooper  at  San  Francisco,  where  the 
later  has  just  arrived  from  Honolulu, 
on  future  production  plans  of  Radio. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert. 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  127 


NEW  YORK,  WEDNESDAY,  NOVEMBER  29,  1933 


TEN  CENTS 


CODE  AUTHORITY  NAMED; 
FINAL  TEXT  NOT  RELEASED 


Death  Conies 
To  Wilstach; 
111  2  Weeks 


Frank  J.  Wilstach,  advertising  and 

publicity   contact  for   the   M.P.P.D.A. 

for  the  past  eight 

a  years,    died    yes- 
terday   afternoon 
at  M  a  n  h  a  1 1  a  n 
General    Hospital 
following  a  major 
operation       per- 
formed several 
hours  earlier. 
Wilstach,  wide- 
ly known  in   film 
and    theati^e    cir- 
cles,    was     taken 
ill     about     two 
weeks    ago    with 
influenza.       Corn- 
Frank  J.  Wilstach  plications     devel- 
oped    and     when 
his  condition  failed  to  improve  up  to 
last    week-end    he    was    taken    to    the 
hospital.    Yesterday  his  major  ailment 
was   diagnosed   as   an   abscessed    liver 
(.Continued  on  page  11) 


Detroit  Independents 
Name  Komer  as  Head 

Detroit,  Nov.  28. — Charles  Komer 
was  elected  president  of  the  Indepen- 
dent Theatre  Owners  of  Detroit  at  a 
meeting  of  the  organization  today. 
The  board  of  directors  includes 
Komer,  Attorney  Adrian  D.  Rosen, 
John  O'Dell,  Joseph  Portell,  William 
Schulte,   Al    Ruttenberg. 

Purpose  of  the  new  organization  is 
to  aid  exhibitors  and  cooperate  with 
(Contimied  on  page  11) 


Four  with  Shubert 
Rowland- Br  ice  Plan 

William  Rowland  and  Monte  Brice 
will  make  four  features  with  Lee  Shu- 
bert, stage  producer,  for  United 
Artists  release  this  season,  Rowland 
said  yesterday. 

All  four  pictures  will  be  based  on 
Shubert  stage  productions,  and  the 
first  goes  into  work  next  week  at 
Eastern  Service  Studios,  Astoria.  It 
will  be  based  on  "The  Street  Singer," 
(Continued  on  page  11) 


Effective  Dec.  7 

The  code  becomes  effective 
for  the  industry  next  Thurs- 
day, Dec.  7,  in  accordance 
with  Article  1  of  the  pact 
which  specifies  the  "effective 
date"  as  10  days  following  ap- 
proval of  the  code  by  the 
President. 

Exhibitors  and  distributors 
who  have  not  signed  the  code 
by  Jan.  10,  45  days  after  its 
approved  by  the  President,  are 
barred  under  the  grievance 
board  section  from  filing 
complaints  under  any  article 
of  the  code  against  other  ex- 
hibitors or  distributors.  Non- 
signers,  however,  may  have 
complaints  filed  against  them 
by  those  who  have  signed  the 
code. 


Wiggin  Denies  Fox 
Charges  in  Probe 

Washington,  Nov.  28. — Winding 
up  its  study  of  film  stocks,  the  Sen- 
atorial committee  investigating  Wall 
Street   today   learned   that   more   than 

(Continued    on   page  4) 


Administrator   Johnson,   at    Atlanta,    An- 
nounces  Personnel,   but   Holds 
Back  the  Approved  Draft 


Cantor  for  Fair  Trial; 

Marie  Dressier  Pleased 


Atlanta,  Nov.  28. — Administrator  Hugh  S.  Johnson  stopped 
over  here  today  on  his  way  to  Washington  and  made  known  the 
personnel  of  the  code  authority,  but  refused  to  release  the  text  of 
the  code.  He  said  he  would  leave  here  early  tomorrow  morning 
by  plane  and  would  release  it  from  NRA  headquarters  following 
his  arrival,  along  with  the  executive  order  signed  by  the  President 
defining  what  sections  of  the  code  are  to  be  suspended  for  90  days 
and  how  it  will  operate. 

The  official  personnel  of  the  code  authority,  in  addition  to  the 
three  Presidential  appointees  announced  last  night  in  Warm  Springs 

— A.  Lawrence  Lowell,  presi- 
dent emeritus  of  Harvard,  Eddie 
Cantor  and  Marie  Dressier — is : 

H.  M.  Warner,  president  of 
Warners ;  Nicholas  M.  Schenck, 
president  of  Loew's,  Inc.,  and 
M-G-M;  S.  R.  Kent,  president 
of  Fox ;  George  J.  Schaefer,  vice- 
president  and  general  manager  of 
Paramount,  and  Merlin  H.  Ayles- 
worth,  president  of  RKO,  as  rep- 
resentatives of  major  producing 
and  exhibiting  interests,  and 
R.  H.  Cochrane,  vice-president 
of  Universal ;  W.  Ray  Johnston, 
president  of  Monogram ;  Ed  Kuy- 
kendall,  president  of  the  M.  P. 
T.   O.  A.;  Charles  L.  O'Reilly, 

(Continued   on   page  4) 


Johnson  Sees  Film 
While  World  Waits 

Atlanta,  Nov.  28 — General  Hugh 
S.  Johnson  caused  almost  as  much 
anxiety  for  about  nine  hours  today 
as  the  famous  "Lost  Battalion"  of 
World  War  fame.  The  NRA  general 
stafif  in  Washington  explained  to  a 
group  of  newspaper  men  from  time 
to  time  that  he  was  on  his  way  north 
by  plane ;  that  he  was  not  on  his  way 
north  by  plane,  but  by  train,  instead, 

(Continued    on   page  4) 


A  fair  trial  for  all   sections  of  the 
code,    regardless    of    personal    yiews, 
will       be       Eddie 
Canto  r'  s       rul- 
ing policy  when  he 
takes     office     as    a 
member  of  the  code 
authority,  the  radio 
and    picture    come- 
dian said  yesterday. 
Cantor     declared 
that   while   he    still 
opposed   Article   5, 
governing        talent 
raids     and     salary 
control,      he      felt 
that  changes  would 
eventually  be  made 
in    these    and    any 
other  clauses  which 
were  revealed,  in  practice,  as  working 
disadvantages  on  any  industry  branch. 
"I   think  that  producers   themselves 
(Continued   on   page  4) 


Eddie    Cantor 


Hollywood,  Nov.  28. — Expressing 
"complete  surprise"  over  her  ap- 
pointment to  the 
code  authority  by 
President  Roose- 
velt on  Monday, 
Marie  Dressier 
today  expressed 
pleasure  at  the 
opportunity  it  af- 
forded her  to  be 
of  service  to  the 
Administration. 

"Since  the 
President  wants 
me  to  serve," 
Miss  Dressier 
said,  "I  will  do 
all  I  can  to  help 

I    feel    that    it     is       /'"^•''^    Dressier 

up  to  all  of  us  to  jump  in  and  help 
President  Roosevelt  in  the  splendid 
work  he  is  doing  for  our  country  and 
his  people  at  this  time." 


Code  Yet  Unsigned 
By  U.  A. — Schenck 

United  Artists  has  not  signed  the 
code  yet,  Joseph  M.  Schenck,  presi- 
dent, said  last  night,  indicating  at  the 
same  time  that  the  company's  signa- 
ture awaited  release  of  the  code  as 
signed  by  President  Roosevelt  on 
Monday. 

Schenck  reaffirmed  his  opposition  to 

(Cotitinued    on   page  4) 


No  Daily  Tomorrow 

Motion  Picture  Daily  will 
not  be  published  tomorrow, 
Thanksgiving  Day. 


MOTION  PICTURE 

DAILY 


1 


Wednesday,  November  29,   1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   Office) 


\  ol.  34 


November  29,   1933 


No.   127 


Maktin    Quigley 
Editor-in-Chief  and   Publisher 


M 


MAURICE    KANN        ^J^. 
Editor 
JAMES  A.  CRON 

A  dvertising    Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin 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  1933  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


French  "Pigs'*  in  Canada 

Toronto,  Nov.  28. — "Three  Little 
Pigs"  is  getting  another  series  of  first 
runs  in  the  French  language  and  is 
being  ballyhooed  as  funnier  than  the 
English  version. 


Pollard  in  Radio  City 

The  "Bud"  Pollard  Productions 
have  leased  space  in  the  RKO  Build- 
ing at   Rockefeller   Center. 


"ASK  THE  MAN 
WHO    PLAYED   IT" 

NOW  ACCEPTING 

DATES  FOR 

NEXT  TEN  YEARS 

Greatest    Perpetual    Roadshow 
Motion   Picture   Ever  Produced 


Fordotteti 


For  State  Rights  Apply  To 

JEWEL   PROD.   INC. 

723-7th  Avenue,        N.  Y.  City 


(t 


ff 


Master  of  Men 

(Columbia) 

"Master  of  Men"  presents  Jack  Holt  in  his  specialty  of  impersonating 
close-lipped  men  of  action.  This  time  he  is  a  foreman  in  a  steel  mill 
who  rises  to  the  top,  tastes  success  for  a  time  as  president  of  the  outfit 
for  which  he  once  was  a  paid  hand,  then  plunges  back  to  where  he 
started  when  his  overpowering  ambition  turns  into  a  boomerang.  His 
downfall  has  a  happy  note,  in  that  it  brings  him  back  to  his  senses  and 
returns  him  to  his  wife,  whom  he  is  about  to  lose,  as  a  result  of  too 
much  attention  to  business. 

The  film  moves  at  a  fast  pace,  thanks  chiefly  to  a  series  of  sequences 
showing  Holt's  feverish  attempts  to  seize  control  of  his  company  through 
stock  market  manipulations.  The  plot  itself  is  like  others  of  its  type,  yet 
it  manages  to  retain  considerable  interest. 

The  production  is  well  mounted  and  Fay  Wray,  as  Holt's  wife,  dis- 
plays a  number  of  style  creations  that  may  draw  feminine  minds  away 
from  the  fact  that  the  film  is  not  strong  from  the  woman's  angle. 

"Master  of  Men,"  as  Holt  films  in  general,  is  fare  for  the  younger 
people.  Holt  plays  in  his  customary  he-man  fashion.  Miss  Wray,  aided 
by  Theodor  Von  Eltz,  as  the  rival,  helps  things  along  considerably. 
But  the  prize  performance  is  that  of  Walter  Connolly,  who  plays  a 
veteran  of  the  stock  market. 


May  Go  to  Radio  City 

Universal  Pictures  home  office  will 
be  moved  to  Radio  City  quarters 
about  the  first  of  the  year  if  lease 
negotiations  now  under  way  are  con- 
summated, as  expected,  within  the 
next  few  days.  Universal's  10-year 
lease  on  its  Heckscher  Building 
space  expires  May  1,  1934. 


Headliners  for  AMP  A 

Lenore  Ulric,  Gregory  Ratoff,  Paul 
Whiteman,  the  Yacht  Club  Boys, 
Frank  Parker,  Lillian  Bond,  Jean 
Sargent,  Phil  Dewey  and  Jack  Fulton 
are  slated  to  be  A.M.P.A.  guests  to- 
day. 


Asher  Buys  "Daughter^' 

Harry  Asher  of  American  Pictures, 
Inc.,  Boston,  has  acquired  the  New 
England  rights  to  "Enlighten  Thy 
Daughter,"  the  first  of  four  from  Ex- 
ploitation   Pictures. 


Lesser  Sails  Today 

Paris,  Nov.  28.— Sol  Lesser,  presi- 
dent of  Principal,  who  has  been  tour- 
ing Europe  on  business  for  the  past 
several  weeks,  plans  to  sail  for  home 
Wednesday. 


Mo.  House  Passes  Tax 

St.  Louis,  Nov.  28. — The  Missouri 
House  today  passed  Governor  Park's 
one  per  cent  retail  sales  tax  bill  and 
also  overwhelmingly  defeated  the 
Ways  and  Means  Committee's  substi- 
tute bill  of  one-quarter  of  one  per 
cent  on  all  retail  sales  and  services 
for  hire.  The  Park  Bill  now  goes  to 
the   Senate. 


Lyons  and  Brady  Split 

Buffalo,  Nov.  28. — Jack  Lyons 
and  Basil  Brady,  independent  dis- 
tributors, have  dissolved  their  partner- 
ship. Lyons  will  continue  to  operate 
the  Buffalo  Film  Exchange,  Inc. 
Brady  has  taken  over  a  number  of 
Pathe  reissues  and  will  handle  them 
in  the  Buffalo  territory,  possibly 
aligning  himself  with  the  Film  Classic 
exchange. 

Ratoff,  Ulric  Confer 

Gregory  Ratoff  has  been  conferring 
with  Lenore  Ulric  on  "I  Love  an 
Actress,"  which  he  wrote  for  Radio. 
Miss  Ulric  will  be  starred  in  the  pic- 
ture with  Ratoff  playing  opposite. 
Humphrey  Pearson  is  adapting  the 
story  and  Miss  Ulric  leaves  for  the 
coast  Saturday  to  start  preparatory 
work  at  the  studio. 


i  Purely 
Personal  ► 


DAVE  DAVIDSON,  publicity  di- 
rector of  the  Paramount  in  Brook- 
lyn, yesterday  became  a  daddy.  It's  a 
girl.  Mrs.  Davidson  is  doing  well  at 
the  United  Israel  Zion  hospital  in 
Brooklyn. 

CoLLETTE  Lyons,  musical  comedy, 
vaudeville  and  picture  star,  is  sched- 
uled to  join  a  "Strike  Me  Pink"  unit, 
playing  the  RKO  circuit. 

Ed  Roberts  of  the  Paramount  pub- 
licity department  returns  from  Dallas 
shortly.  He  has  been  on  a  leave  of 
absence. 

Charles  Lamont  is  readying  "The 
Fur  Flies,"  which  is  to  be  produced 
by  Educational  in  the  east. 

Karl  Krug,  U.  A.  publicity  chief, 
is  driving  to  Pittsburgh  to  spend  the 
holidays    with    his    family. 

Gregory  Ratoff  opens  Friday  at 
the  Loew's  State  and  then  goes  to 
Loew's  in   Baltimore. 

Beatrice  Van  has  been  added  to 
the  Educational  writing  staff. 

Hal  Olver,  special  exploiteer  for 
RKO,  has  resigned. 


Universal  Pfd,  Up  One 

Net 

High  Low  Close     Change 

Columbia    Pictures,    vtc 24^  24  24'/^        —'A 

Consolidated  Film  Industries 2^  2Vg  2Vi        —'A 

Consolidated  Film  Industries,  pfd m  8^         SH       —  ^ 

Eastman    Kodak    77'A  76'A  76'A        —M 

Fox    Film    "A" 14  14  14  -f-  M 

Loew's,   Inc 28J4  28?^  28^        -(-  ^ 

Paramount   Publix   Wi  I'A  1%        —  ^A 

Pathe   Exchange   IM  154         154 

Pathe  Exchange  "A" WA  10  10 

RKO    2  2  2 

Universal     Pictures,     pfd 21^  21  21 

Warner   Bros 5%  554  554 

Technicolor  Lone  Curb  Issue 

High      Low      Close 

Technicolor     10!^         9M         9^ 

Bond  Market  Inactive 

Net 

High  Low  Close  Change  Sales 

General   Theatre   Equipment   6s   '40 3A          3'/4          V/z        1 

Loe-w's    6s    '41,    ww    deb   rights SOA  80J4        80}4        1 

Paramount  Broadway  S>/^s  '51 28^       2854       2SH       —  'A  3 

Paramount    F.    L.    6s    '47 23           23           23           1 

Warner   Bros.   6s   '39,   wd 39           38J4        3854  —'A  100 


+  Vs 

+l" 
-  Vs 


Net 
Change 

-  5i 


Sales 

50O 
200 
100 

1,100 
100 
500 

1,600 
600 
200 

1,400 
12,000 

1,900 


Sales 

600 


Nominate  Exhibitor 
As  Mayor  of  Ottawa 

Ottawa,  Nov.  28.— P.  J.  Nolan, 
owner  of  the  Avalon,  Columbia  and 
Roxy  theatres,  has  been  nominated  as 
mayor  for  the  coming  year.  Nolan 
is  well  known  as  an  independent  ex- 
hibitor. 


C.  Skouras  in  Seattle 

Seattle,  Nov.  28. — Charles  Skour- 
as, Marco  Wolf  and  Michael  Rosen- 
berg have  been  here  conferring  with 
Frank  Newman,  Albert  Rosenberg  and 
Albert  Finkelstein,  heads  of  the 
Evergreen  State  Theatres  Corp.  cir- 
cuit in  this  territory.  The  destinies 
and  policies  of  the  Orpheum  and 
Paramount  are  understood  to  have 
been  discussed. 


S.  Skouras  in,  Off  Soon 

Spyros  Skouras  last  night  returned 
from  Chicago  and  St.  Louis  and  plans 
to  leave  for  the  coast  at  the  end  of 
the  week  with  Ralph  Harris  of 
Hughes,  Schurman  &  Dwight,  attor- 
neys. They  will  confer  with  the  trus- 
tees of  Fox  West  Coast  on  reorgan- 
ization plans. 


Fined  $250  as  Bomber 

Birmingham,  Nov.  28. — H.  S.  Gil- 
mer has  been  fined  $250  and  costs. 
Judge  H.  B.  Abernethy  held  him 
guilty  of  planting  a  time  bomb  in  the 
Fairfield  Theatre  Oct.  26.  He  has 
appealed   to   the   Circuit    Court. 


Bobbins  on  the  Coast 

Hollywood,  Nov.  28. — Herman 
Robbins,  president  of  National  Screen 
Service,  is  here  from  New  York  for 
trailer  conferences.  His  stay  on  the 
coast  is  indefinite. 


(Vednesday,   November  29,    1933 


MOTION  PICTURE 

DAILY 


Personnel  of   Code  Authority 


Atlanta,  Nov.  28.— Official  information  as  to  the  personnel  of  the  code  authority  was  obtained 
here  today  from  Administrator  Hugh  S.  Johnson.  Representatives  of  the  major  distribution  and  exhibi- 
tion branches  of  the  industry  are:  H.M.  Warner,  president  of  Warners;  Nicholas  M.  Schenck,  presi- 
dent of  Loews,  Inc.,  and  M-G-M;  S.  R.  Kent,  president  of  Fox;  George  J.  Schaefer,  vice-president 
and   general   manager   of   Paramount,   and   Merlin   H.   Aylesworth,  president  of  RKO 

Representing  distributors  with  no  theatre  affiliations,  exhibitors  with  no  distribution  affiliations 
and  independent  producers  and  exhibitors  are:  R.  H.  Cochrane,  vice-president  of  Universal-  W  Ray 
Johnston,  president  of  Monogram;  Ed  Kuykendall,  president  of  the  M.P.T.O.A.,  and  Nathan  Yamins 
president  of  the  I.T.O,  of  New  England  and  a  member  of  the  board  of  directors  of  Allied  States 


HARRY  M.  WARNER 
President,  Warners 


NICHOLAS  M.  SCHENCK 
President,  Loeufs-M-G-M 


SIDNEY  R.  KENT 
President,  Fox  Films 


GEORGE  J.  SCHAEFER 
Vice-President,  Paramount 


M.  H.  AYLESWORTH 
President,  RKO  Corp. 


ROBERT  H.  COCHRANE 
Vice-President,  Universal 


W.  RAY  JOHNSTON 
President,  Monogram 


ED.  KUYKENDALL 
President,  M.  P.  T.  O.  A. 


CHARLES  L.  O'REILLY 
President,  T.  O.  C.  C. 


NATHAN  YAMINS 
President,  I.  T.  O.,  New  England 


MOTION  PICTURE 

DAILY 


Wednesday,  November  29,   1933 


Authority  Is 
Set,  But  Code 
Text  Delayed 

{Continued  from  page  1) 

president  of  the  Theatre  Own- 
ers' Chamber  of  Commerce,  and 
Nathan  Yamins,  president  of  the 
I.  T.  O.  of  New  England  and  a 
member  of  the  board  of  directors 
of  Alhed  States,  representing  un- 
affiHated  producers,  distributors 
and  exhibitors. 

Johnson  left  Warm  Springs 
Monday  night  by  auto  for  At- 
lanta and  it  had  been  expected 
that  he  would  depart  from  this 
city  early  this  morning  by  plane, 
but  he  decided  to  stay  over  here 
for  a  day  of  rest. 


Cantor  for  Fair  Trial; 
Hails  Naming  of  Lowell 


Washington,  Nov.  28. — 
Members  of  Administrator  Hugh 
S.  Johnson's  stafif  spent  most  of 
today  wondering  when  their  chief 
would  arrive.  During  most  of 
the  morning  it  was  expected  that 
he  would  arrive  about  noon. 
When  he  failed  to  arrive  late  in 
the  afternoon  extensive  telephon- 
ing developed  the  fact  he  was 
still  in  Atlanta. 

In  the  meantime  industry  rep- 
resentatives and  trade  and  daily 
newspaper  men  awaited  release 
of  the  code.  A  copy  of  the  draft 
taken  to  Warm  Springs  by  Gen- 
eral Johnson  was  in  Deputy 
NRA  Administrator  Sol  A.  Ros- 
enblatt's ofifice,  but  he  refused  to 
release  it  until  receipt  of  an  ex- 
ecutive order. 


Johnson  Sees  Film 
While  World  Waits 

(Continued  from  page  1) 

and  that  he  was  still  at  Warm 
Springs. 

As  a  matter  of  fact,  he  was  enjoy- 
ing a  film  show  here  most  of  the  after- 
noon and  his  Army  plane  was  resting 
quietly  at  the  airport  a  few  miles  from 
the  city  with  a  pilot  and  mechanic 
giving    it    a   careful    inspection. 

General  Johnson  left  Warm  Springs 
last  night  by  motor  and  most  of  the 
newspaper  men  there  assumed  he  was 
making  a  quick  dash  here  to  get  away 
by  plane  early  this  morning,  as  most 
of  his  recent  travels  have  been  by  an 
Army  plane.  The  local  newspapers 
did  not  realize  that  he  was  still  in 
the  city  until  about  2  o'clock  this 
afternoon  when  the  news  syndicates 
began  to  inquire  what  had  happened 
to  him.  A  checkup  showed  that  he 
was  registered  at  the  Biltmore.  His 
secretary  said  he  had  gone  out  for  a 
stroll  and  to  see  a  picture. 

City  editors  ordered  out  their  star 
reporters  to  interview  him,  but  the 
general  hadn't  mentioned  what  pic- 
ture he  was  going  to  see,  and  check- 
ing all  the  first  runs,  second  runs  and 
neighborhood  houses  hereabouts  is  an 


(Continued  from  page    1) 

will  eventually  see  the  wisdom  of 
dropping  the  salary  control  clause  en- 
tirely," Cantor  said.  "No  control  of 
actors'  salaries  is  possible  because  they 
are  not  paid  by  the  producers  but  by 
the  public.  An  actor  is  worth  as  much 
as  the  public  is  willing  to  pay  him. 
Even  if  there  were  an  agreement 
among  producers  not  to  pay  certain 
actors  more  than  a  certain  amount, 
they  couldn't  make  it  work  because 
they're  not  on  the 
square  with  each 
other.  A  com- 
peting producer, 
if  he  wanted  a 
certain  star  badly 
enough,  would 
find  ways  of  cir- 
cumventing the 
agreement." 

Cantor  said  that 
the  only  experi- 
ence he  has  ever 
had  which  would 
qualify  him  for 
the  post  on  the 
code  authority 
was  the  experi- 
ence of  "being  fair."  He  said  that  if 
it  were  necessary  for  him  to  quit  stage 
and  picture  work  in  order  to  serve  on 
the  code  authority,  which  will  meet  in 
New  York,  probably  on  a  bi-monthly 
routine,  he  would  do  so,  confining  his 
professional  activities  to  radio  broad- 
casts from  New  York. 

Commenting  on  the  appointment  of 
Dr.  A.  Lawrence  Lowell,  president- 
emeritus  of  Harvard,  to  the  code  au- 
thority, and  on  Cantor's  own  views  on 
censorship,  the  comedian  declared  that 
there  is  "plenty  of  room  for  cleaning" 
and  that  a  start  on  it  "is  long  over- 
due." 

"Dirty  pictures  are  an  industry  dis- 
ease," Cantor  said,  "and  if  Dr.  Lowell 
succeeds  in  curing  the  industry  of 
them  he  may  well  become  the  saviour 
of  the  industry." 

"Have  you  been  formally  notified  of 
your  appointment  to  the  code  author- 
ity?" Cantor  was  asked. 

The  comedian  looked  bewildered. 

"Goshj  no,  I  haven't,"  he  exclaimed. 
"Say,  do  you  think  it's  on  the  square? 


Dr.    A.    L,.    LoweU 


Maybe  the  President  thought:  'Eddie, 
you  told  me  a  lot  of  jokes  here  at 
Warm  Springs,  now  here's  one  for 
you.'  " 


Dr.  Lowell  Refuses  to 
Discuss  His  Code  Post 

Boston,  Nov.  28.— Attempts  to  ob- 
tain a  statement  from  A.  Lawrence 
Lowell  on  his  appointment  to  the  code 
authority  were  unsuccessful  tonight 
when  he  was  reached  at  his  home  here 
by  Motion  Picture  Daily. 

In  accordance  with  the  policy  he 
established  as  president  of  Harvard  of 
refusing  to  talk  to  the  press  because, 
he  claimed,  he  was  repeatedly  mis- 
quoted on  the  few  occasions  on  which 
he  did  speak  for  publication.  Dr.  Low- 
ell told  the  M.  P.  Daily  representa- 
tive :  "I  can't  talk  to  you.  I  never 
talk  to  the  press." 

Dr.  Lowell,  as  honorary  president 
of  the  M.  P.  Research  Council,  was 
brought  to  the  attention  of  the  Ad- 
ministration in  connection  with  the 
film  code  through  the  activities  of 
that  organization  in  developing  public 
support  for  its  campaign  for  the  right 
to  buy  and  the  elimination  of  block 
booking  and  blind  buying.  The  cam- 
paign was  led  by  the  Rev.  William 
Short,  active  head  of  the  organiza- 
tion in  New  York,  who  obtained  sig- 
natures of  clubwomen,  professional 
dignitaries  and  other  prominent  in- 
dividuals, among  them  Mrs.  Calvin 
Coolidge. 

Subsequent  code  meetings  of  the 
council  in  Boston  and  New  York,  sup- 
ported by  individual  members  of  in- 
dependent branches  of  the  industry, 
resulted  in  new  forces  being  enlisted 
in  the  council's  moves  for  code 
changes. 

Administrator  Hugh  S-  Johnson  de- 
clared Monday  in  announcing  Presi- 
dent Roosevelt's  appointment  of  Dr. 
Lowell  to  the  code  authority  that  the 
former  Harvard  president  would  ob- 
serve "efforts  of  the  industry  to  com- 
ply with  its  own  rules  of  censorship 
of  improper  pictures  and  dialogue," 
nnd  would  report  his  observations  to 
the   administrator   and   the    President. 


afternoon's  work  for  any  reportorial 
staff,  especially  when  ushers  were  un- 
familiar with  the  general's  appearance. 

By  the  time  the  general  returned 
to  the  hotel  late  in  the  early  evening 
the  hotel  had  been  swamped  by  calls 
from  Warm  Springs,  Washington  and 
New  York. 

It  was  a  day  of  rest  and  relaxation 
for  the  NRA  administrator,  but  nearly 
everybody  else  interested  in  the  code 
was  in  a  state  of  exhaustion. 


Kent  Back  from  Europe 

Sidney  R.  Kent,  president  of  Fox, 
returned  yesterday  from  a  European 
business  trip.  He  was  accompanied 
by  Walter  J.  Hutchinson,  managin- 
di  rector  of  Fox  in  England,  and  Mjirk 
Ostrer,  managing  director  of  Gau- 
mont-British. 

Kent  may  remain  here  for  organiz- 
ing activities  of  the  code  authority, 
his  appointment  to  which  was  ofificial- 
ly  confirmed  yesterday,  but  plans  to 
leave  for  the  coast  with  Spyros 
Skouras,  Fox  theatre  head,  as  soon  as 
possible. 


Code  Yet  Unsigned 
By  U.  A. — Schenck 

(Continued  from  page  1) 

Article  5  of  the  code,  intimating  that 
he  expected  the  final  code  to  contain 
vital  modifications  in  the  provisions 
covering  talent  "raids"  and  penalties 
for  payment  of  excessive  salaries.  He 
did  not  reveal,  however,  whether  or 
not  signing  of  the  code  by  United 
Artists  and  20th  Century  Pictures,  of 
which  he  is  also  president,  was  de- 
pendent upon  the  revisions  in  Article 
5  which  he  expects. 


Long  Out  of  Columbia 

Hollywood,  Nov.  28 — As  a  result 
of  differences  between  Harry  Cohn 
and  Ray  Long,  the  latter's  contract  as 
story  editor  of  Columbia  has  been  can- 
celled by  mutual  agreement.  Long 
says  he  is  returning  to  the  publishing 
field.    No  successor  has  been   named. 


Wiggin  Gives 
Fox  the  Lie 
As  Quiz  Ends 


(Continued  from  page  1) 

$2,000,000  was  dropped  by  the  Sher- 
mar  Corp.,  the  personal  trading  com- 
pany of  Albert  H.  Wiggin,  former 
president  of  the  Chase  National  Bank, 
in  pool  transactions  in  General  The- 
atres Equipment  and  Fox  Film 
stocks. 

Wiggin  denied  allegations  made  by 
William  Fox  last  week  that,  when  ad- 
vised of  the  interest  of  former  Presi- 
dent Hoover  in  keeping  Fox  Films 
from  bankruptcy,  he  told  Claudius 
Huston,  his  informant,  to  tell  the 
President  to  mind  his  own  business. 

The  windup  of  the  film  stock  probe 
was  tame,  Wiggin  merely  testifying 
regarding  profits  and  losses  of  his 
personal  corporation  and  disclosing 
that  it  had  paid  $1,000,000  to  the 
Chase  Securities  Corp.  in  settlement 
of  claims  amounting  to  several  mil- 
lions. 

Wiggin  verified  figures  produced 
by  Ferdinand  Pecora,  committee 
counsel,  showing  that  Shermar  made 
$332,000  in  Fox  stock  and  lost  $1,- 
572,000  in  General  Theatres  Equip- 
ment. Shermar  was  said  to  have  par- 
ticipated in  13  pools  in  the  two  stocks. 

Pecora  has  a  wire  from  Louis  B. 
Mayer  in  which  the  producer  denies 
Fox's  testimony  of  several  days  ago 
which  attributed  to  him  the  state- 
ment that  he  had  caused  records  of 
the  Department  of  Justice  to  be  al- 
tered so  that  he  would  appear  as 
having  disapproved  of  the  Fox-Loew 
film  merger.  Pecora's  comment  on 
the  message  was  that  if  Mayer  wished 
to  offer  testimony  he  should  appear  in 
person  before  the  committee. 

With  his  testimony  before  the  com- 
mittee completed,  Harley  L.  Clarke 
sails  for  Europe  on  Wednesday,  it 
was   learned   here   today. 


Myers  Calls  Allied 
Committee  Meeting 

Detroit,  Nov.  28. — Abram  F. 
Myers  has  called  a  meeting  of  the  na- 
tional managing  committee  of  Allied 
for  Tuesday,  Dec.  12  at  Grand  Rap- 
ids, preceding  the  annual  convention 
of  Allied  of  Michigan.  Members  are 
Col.  H.  A.  Cole,  Sidney  Samuelson, 
Nathan  Yamins,  Bennie  Berger  and 
Ray  Branch.  Other  Allied  leaders 
also  will  attend  to  discuss  and  take 
action  on  the  signed  code.  The  Mich- 
igan convention  opens  the  afternoon 
of  Dec.  12  and  continues  through 
Dec.   13. 


Allied  to  Meet  at 
Trenton  on  Dec,  19 

The  adjourned  14th  annual  conven- 
tion held  at  Atlantic  City  Sept.  25- 
27  will  be  continued  by  Allied  of  New 
Jersey  in  Trenton  on  Dec.  19,  the 
unit  decided  yesterday  at  its  regu- 
lar meeting.  The  product  situation 
for  independent  theatres  in  the  local 
territory  also  was  discussed,  but  no 
action  taken. 

Abram  F.  Myers  is  expected  to  at- 
tend  the   Trenton   meet. 


iA 


JOAN 
CRAWFORD 


DANCING 
LADY 


CLARK 
GABLE 


EXPLOITATION 
SECTIQfl 

By  Leo  of  M-i^^^ 


^1  ^ow^ 


CONTENTS: 


Modern  Screen  Magazine  Contest  on 
''Dancing  Lady/'    Display  of  materials 
used  in   contest.    FREE  TRIP  TO 
HOLLYWOOD   and  other  prizes! 


Special  newspaper  advertising.  Three 
smash  ads  in  addition  to  press  book 
campaign. 


Special  publicity  stunt  successfully 
planted  in  New  York.  How  you  can  do 
it  locally. 


,  ^ard       ^ 
^  dolors 


00^)^^ 


6ffBLt 

0. 


t    mv/    SfcNSATIONAl 
MUSrlAt     ftOMANCf 


Bac/c  Cover 
of  herald 
has  large 
imprint 
space 

4-../ 


5^^^ 


PJ,^    -vv"^ 


Inside  Spread  of  Herald 


TURN 

PAGE 

PLEASE! 


"DANCING  LADY"- Special  Exploitation  Section 


THIS   ADVERTISEMENT    REACHES    MANY    MILLIONS  OF  FANS! 

Just  part  of  the  great  ballyhoo  behind  the  "Dancing  Lady"  contest.  In  addition 
to  car  cards,  window  cards,  wagon  lithographs,  free  star  photos,  etc. 


OFFERED  IN 
MODERN  scree; 
MAGAZINE  CONTE 

1st — A  free  trip  to  ^ 
Joan  Crawford  in  I 
lywood,   to   go  pis 
and  see  things  as 
glamorous  star's  gu 


2nd — A  Crosley  She 
dor  Refrigerator 

3rd — $100  in  cash. 
4th — A     Crosley     D 
Tone  Low-Boy  Ra 

5th — Ten  prizes  of  a  f 
Factor   make-up  | 

6th — Five   prizes  of  | 

each.  ] 

7th — Ten    prizes    of  I 


^^PANCING  LAD Y"- Showman's  Exploitation  Delight! 


TRIP  TO   HOLLYWOOD! 

Modern  Screen  Magazine  Contest  is  the 
Biggest  Promotion  Stunt  of  the  season! 


For  months  Modern  Screen  Magazine  has  carried  full  details  of  a  Joan  Crawford  contest 

which  is  national  exploitation  for  "Dancing  Lady."     Included  in  these  illustrated  accessories  are 

car  cards,  large  window  hangers,  printed   photo  give-aways   and   blow-ups — all  in  full  colors — for 

chain  stores,  newsstands  and  co-operating  dealers.    Free  trip  to  Hollywood,  with  Miss  Crawford  acting 

as  hostess,  is  First  Prize  award.    Get  in  on  this  contest  which  is  live  material  with  at  least  a  half  dozen 

promotion    angles,    including    lobby    and    windows.    Where    additional    assistance    might  be  required,  contact 

Modern  Screen  direct,  100  Fifth  Avenue,  New  York  City. 


OTHER  BIG  IDEAS 
IN  PRESS  SHEET! 

Consult  M'G'M  campaign  book 
on  "Dancing  Lady"  for  music  tie- 
ups,  book-store  displays,  fashion 
photos,  alluring  Joan  Crawford 
statue,  and  a  thousand  other 
showmanship  stunts. 

(over  please) 


PHOTOS  AT  M-G-M  EXCHANGES 

Above  and  to  the  left  are  special  poses 
of  Joan  Crawford  with  Contest  Prizes. 
They're  great  for  Dealer  window  tie-ups ! 


^'DANCING  LADY"— Special  Exploitation  Section 


^ 


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^NC\^G 


with  son^^ 


OGHtER 


«««];*«»' 


_^^-v 


;i^^°  :;:'::c^^ 


■HOT 


got- 


PlCr^^^,  rttifyi^S"'^       siftVvts  W  *^^,'  splendor  to 
.  ^  D  n  •  u  "  


X50  Utves 


X  4  coVs. 


^^DANCING  LADY"— if  s  a  pleasure  to  promote  it! 


EXTRA 
PROFITS 
IN  EXTRA 
AD  SPACE! 

There^s  happiness  in 
every  line  of  copy!  Qet 
the  mats  and  let  your 
public  know  that  you^ve 
got  the  biggest  musical 
of  them  all! 


TOGETHER  AGAIN  in  the  Year's 
SENSATIONAL  MUSICAL  HIT! 


EVERYTHING 
I     HAVE     IS 

YOURS"  Joon's 

sons  hit! 


ISIIAWFORD 
OUGABLE 

and  300  adorable  dancing  damosels 


atid  many 
another 


PLUS    YOUR    FAVORITE^PERSONALITIES. 

FRANCHOT  TONE  •  MAY  ROBSON 
WINNIE  LIGHTNER  -FRED  ASTAIRE 
ROBT.  BENCHLEY  *  TED  HEALYand  his  Stooges 

Directed  by  ROBERT  Z.  LEONARD 

Ninccy  minutes  of  never-to-be-forgotteo  thrill,  beauty  and 
joy!  Pack  up  your  troubles  and  revel  in  the  dazzling  en- 
tertainment delight  of  the  year!  Bigger  than  any  Musical 
Picture  you've  ever  seen!  Plus  a  dramatic  story  surging 
against  a  background  of  intoxicating  melody  and  brilliant 
spectacle.  Beautiful  Joan  Crawford!  Romantic  Clark  Gable! 
They're   TOGETHER    again,   as    you    desire    them!   ^*RK 


METROGOLDWYN- MAYER   PICTURE 


When  JOAN  CRAWFORD 
sings  Love  Songs  ....  for 
CLARK  GABLE - 


1 


Happiness  comes  your 
way!  Because  theGreat- 
est  Musical  Romance  of 
all  time  is  here!  Be- 
cause hit  songs,  and 
dazzling  scenes,  dra- 
matic thrills  and  soul- 
throbbing  romance 
are  here!  Pack  up  your 
troubles  for  ninety 
merry  minutes  while 
M-G-M's  entertain- 
ment sensation  holds 
you  spellbound! 


Love  Songs: 

EVERYTHING  I 
HAVE  IS  YOURS' 

'MY  DANCING  LADY' 


ana  more! 


RAWFORD 
(X/CABLE 

%/NG  ^ 


BEAUTIES    IN 

CELLOPHANE 

—  oh  dear! 


GIANT  SCENES 

OF  DAZZLING 

SPLENDOR  I 


"^Pleti  Hollywood   d 

AND  A  BRILLIANT  CAST: 

FRANCHOT  TONE 
MAY  ROBSON 
WINNIE  LIGHTNER 
FRED  ASTAIRE 
ROBERT  BENCHLEY 
TED    H  E  A  LY    sYo^og'/s 

Di reded  by  ROBERT  Z.   LEONARD 

METRO -GOLDWYN- MAYER'S 


PRIDE  &   JOY 


125  lines  x  3  cols. 


150  lines  x  2  cols. 


TURN  THE 
PAGE  PLEASE! 


"DANCING  LADY"-  Special  Exploitation  Section 


HERE'S    A    COMPLETE 
PUBLICITY    PLANT! 


It  got^an  8  -  column  spread  on  Broadway  I 

You  can  make  up  this  attractive 
newspaper  strip  locally  or  get  the 
mats  from  your  Branch*  Show  it 
to  your  editor*   Ifs  sure-fire! 

Tur   roPY   iiNnrR   E'ArH    PA^ 


THIS  IS 
THE 

CLIPPING 
SHOWN  IN 
PANEL  NO.  2 
ABOVE 


MET 


THE   COPY    UNDER   EACH    PANEL   ABOVE: 

No.  1.  LOOKS  LIKE  BUSINESS— Maybe  this  is  just  part  of  Joan  Crawford's 
art,  but  it  looks  like  the  real  thing  as  she  and  handsome  Franchot  Tone  go 
through  scene  in  "Dancing  Lady." 

No.  2.  "YES — OR  NO?" — Franchot  wants  to  marry  Joan,  but  whether  she'll 
say  "Yes"  is  a  question  that  may  be  answered  by  their  new  picture.  Are  those 
kisses  real  love — or  just  "reel  love?" 

No.  3.  WHAT  ABOUT  THIS?— Clark  Gable  is  the  lucky  lad  re- 
ceiving this  kiss  from  Joan.  It's  "reel"  love,  so  if  Franchot  doesn't  get 
a  better  one — settle  that  romance  yourself. 

No.  4.  ROMANCE— OR  ART?— It  looks  like  love,  with  Franchot 
and  Joan  here,  but  maybe  not.  Anyway,  if  that  isn't  a  real  "where- 
have-you-been-all-my-life"  look  that  Joan  shows,  it's  real  art. 

LDWYN-MAYER 

Showmen! 


Wednesday,  November  29,    1933 


MOTION  PICTURE 

DAILY 


II 


Death  Comes 
To  Wilstach; 
111  2  Weeks 


(Continued  from   page   1) 

and  an  immediate  operation  was  per- 
formed. 

Wilstach  was  68  years  old.  He  was 
born  at  Lafayette,  Ind.,  and  educated 
at  Purdue  University  in  that  city. 
He  worked  on  various  Indiana  news- 
papers and  came  to  New  York  in  the 
early  1900's,  engaging  in  theatre  ex- 
ploitation campaigns.  During  his  pro- 
fessional cajeer  he  was  business  man- 
ager for  DeWolf  Hopper,  Viola 
Allen,  William  Favershani,  Mrs.  Les- 
lie Carter,  E.  H.  Sothern  and  Julia 
Marlowe. 

He  was  widely  known  among  writ- 
ers, actors  and  producers.  He  was  the 
compiler  of  "Wilstach's  Dictionary  of 
Similes,"  which  he  culled  annually 
from  printed  works  of  the  year,  and 
was  the  author  of  "Wild  Bill  Hickok" 
and  "The  Prince  of  Pistoleers."  He 
was  a  member  of  the  Lambs  Club. 

Wilstach  is  survived  by  his  wife  and 
a  son,  John.  Funeral  arrangements 
had  not  been  completed  up  to  late  last 
night. 

"Kindly,  sympathetic,  able,  his  loss 
will  be  felt  deeply  by  the  many  thou- 
sands that  came  in  contact  with  him, 
both  in  business  as  well  as  in  social 
life,"  declared  Will  H.  Hays.  "He 
was  a  man  of  sterling  character." 


Laemmle  Promotes 
Henigson,  Mastroly 

Hollywood,  Nov.  28 — Carl  Laem- 
mle, Jr.,  has  promoted  Henry  Henig- 
son, for  more  than  s?ven  years  execu- 
tive studio  manager  at  Universal  City, 
to  producer  and  assistant  general  man- 
ager. He  takes  over  his  new  duties 
immediately.  Succeeding  Henigson  in 
his  former  post  will  be  Frank  Mastro- 
ly, who  has  been  with  the  company 
many  years. 


Sennett  for  New  Slate 

Hollywood,  Nov.  28— With  Mack 
Sennett  holding  the  controlling  inter- 
est in  the  bankrupt  Sennett,  Inc.,  it 
is  learned  here  the  producer  will  per- 
sonally file  voluntary  bankruptcy  pro- 
ceedings and  start  with  a  neVv  slate, 
forming  a  new  company.  By  doing 
this  he  will  expedite  a  quicker  release 
with  a  major  company  of  future 
product. 


Seek  Talent  Exchange 

Hollywood,  Nov.  28  —  Fox  and 
British-Gaumont  are  negotiating  a 
deal  whereby  the  latter  will  loan 
Madeline  Carrol  and  Jesse  Mathews 
for  one  picture  each  in  return  for 
Warner  Baxter  and  another  Fox  play- 
er, name  not  announced. 


Para.  Changes  Title 

Paramount  has  changed  the  title  of 
"Buried  Alive"  to  "His  Double  Life." 
It  was  produced  by  Arthur  Hopkins 
and  Eddie  Dowling. 


Raft  to  Be  Starred 

Hollywood,  Nov.  28 — George  Raft 
has  been  given  a  starring  contract  by 
Paramount. 


Discuss  Details  of 
Merger  in  Oklahoma 

Oklahoma  City,  Nov.  28. — De- 
tails of  the  recent  operating  merger 
here  between  Cooper-Publix  and 
Warners  have  been  discussed  between 
Joe  Cooper,  head  of  the  former,  and 
Pat  McGee,  his  regional  manager. 
An  announcement  is  expected  to  be 
forthcoming  soon.  The  terms  of  the 
merger   become   operative    Dec.    L 

Although  ownership  of  the  Mid- 
west, Liberty,  Empress,  Folly  and 
Warner  will  remain  with  Warner,  the 
Regal  circuit,  headed  by  Cooper,  will 
operate  them  under  the  terms  of  nego- 
tiations completed  in  New  York  re- 
cently. 

The  new  operating  company  will 
be  known  as  Standard  Theatres  Corp. 
Cooper  will  be  in  active  charge  of  the 
pooled  houses  which  include  the  Cri- 
terion,  Ritz,  Circle  and  Victoria. 


Warners  Put  Hankin 
In  Philadelphia  Job 

Pittsburgh,  Nov.  28. — Sol  Hankin, 
who  recently  returned  to  the  Pitts- 
burgh district  for  Warners  after 
serving  as  zone  manager  in  Mil- 
waukee, has  been  dispatched  to  Phila- 
delphia to  take  over  a  district  man- 
agership there.  Whether  this  will 
have  any  bearing  on  the  successor 
eventually  named  to  William  Gold- 
man, who  resigned  as  zone  chief  in 
Philadelphia  a  couple  of  weeks  ago, 
could  not  be  determined. 

Hankin  has  been  in  charge  of  the 
Main  Lyie  district  here.  No  suc- 
cessor will  be  appointed  immediately, 
with  C.  J.  Latta,  another  district 
manager,  now  covering  Hankin's  ter- 
ritory as  well  as  his  own. 


Seattle  Vaudeville 
Ends  After  4  Weeks 

Seattle,  Nov.  28. — Pantages  vaude- 
ville, introduced  at  Jensen  Von-Her- 
berg's  Roxy  four  weeks  ago,  will  be 
discontinued,  and  the  house  will  revert 
to  a  straight  film  policy  again  next 
week.  More  than  $1,000  a  week  in 
payroll  to  acts,  musicians  and  stage 
employes  added  to  the  house  over 
head  has  not  brought  that  amount  of 
additional  gross  to  the  box-ofiice,  and 
consequently  Manager  Leroy  Johnson 
has   ordered   the   cancellation. 


Carl  Subs  for  Baily 

Hollywood,  Nov.  28. — Teet  Carl 
has  been  assigned  to  substitute  for 
Tom  Baily  as  publicity  director  at 
the  Paramount  studios  during  the 
former's  absence  on  a  four-week  per- 
sonal tour  with  Charlotte  Henry  in 
connection  with  the  release  of  "Alice 
In    Wonderland." 


Switch  Ontario  Men 

Fort  William,  Ont.,  Nov.  28. — 
With  the  return  of  Mike  Goodman, 
popular  showman,  to  Winnipeg, 
Charles  Dilley  of  the  Capitol  at  Trail, 
B.  C,  has  been  appointed  manager  of 
the  Royal  at  Fort  William  by  Famous 
Players  Canadian  Corp. 


20th  Gets  Beery  Again 

Hollywood,  Nov.  28 — Again  20th 
Century  has  borrowed  Wallace  Beery 
from  MGM,  this  time  for  "The  Great 
Barnum,"  which  goes  into  production 
within  six  weeks. 


Lab  Now  a  Brewery 

Hollywood,  Nov.  28.— Vats 
that  once  were  used  for  de- 
veloping and  processing  col- 
ored film  at  the  Multicolor 
Laboratories  are  now  being- 
converted  into  beer  vats 
where  only  two-colored  brew 
will  flow  through,  dark  and 
amber.  The  building  owned 
by  Howard  Hughes  has  been 
taken  over  by  Herman  Koch, 
who  plans  to  produce  250,000 
barrels  of  beer  yearly.  It  will 
be  the  first  brewery  ever 
established   in   Hollywood. 


German  Exhibitors 
Win  Fight  on  Duals 

Washington,  Nov.  28. — Double 
features  recently  banned  in  Germany, 
have  been  restored,  it  is  reported  by 
Trade  Commissioner  George  R.  Canty 
to  the  M.  P.  Section  of  the  Bureau  of 
Foreign  and  Domestic  Commerce. 
The  action  taken  by  the  German  gov- 
ernment is  said  to  be  the  result  of  a 
storm  of  protests  from  theatre  own- 
ers, who  asserted  they  could  not  pro- 
tect their  investments  under  a  single- 
feature  policy.  The  German  Film 
Chamber  has  decreed  that  hereafter 
programs  may  be  unlimited  as  to  foot- 
age. In  addition  to  a  feature  of  any 
length  German  exhibitors  may  novv 
include  in  their  programs  a  second 
feature  of  not  more  than  1,600  meters 
(approximately    5,000   feet). 


Shapiro  Takes  Over 
Majestic  Production 

Hollywood,  Nov.  28 — Confirming 
exclusive  reports  in  Motion  Picture 
Daily  today,  William  D.  Shapiro  is 
taking  over  full  production  charge  at 
Majestic.  Phil  Goldstone  left  today 
for  a  six  weeks'  observation  at  a 
Santa  Barbara  clinic  and  then  plans 
to  go  to  Europe. 

Upon  Goldstone's  return,  he  plans 
to  produce  three  specials  personally 
for  Majestic  release.  Five  of  the  cur- 
rent programs  are  ready  for  release 
and  future  plans  are  expected  to  be 
announced  this  week-end. 


Fox-N,  E.  Receiver 
Fees  Are  Approved 

Bridgeport,  Nov.  28. — Payment  of 
$195,603  for  fees  and  disbursements 
in  connection  with  legal  services  in 
connection  with  Fox-New  England 
Theatres  receivership  was  authorized 
yesterday  by  Federal  Judge  Edwin  S. 
Thomas. 

An  additional  $69,200  was  author- 
ized as  payment  for  services  and  ex- 
penses of  the  three  receivers,  Ben- 
jamin Slade,  Thomas  J.  Spellacy  and 
Samuel    Spring. 


Para.  Signs  Timberg 

Hollywood,  Nov.  28 — Herman  Tim- 
berg has  joined  the  Paramount  writ- 
ing staff  and  his  first  assignment  will 
lie  to  furnish  additional  dialogue  for 
"Six  of  a  Kind." 


Trinidad  House  Closed 

Denver,  Nov.  28. — Fox  West  Coast 
has  made  another  town  exclusively 
Fox  by  leasing  the  opposition  house 
at   Trinidad  and  closing   it. 


ITOA  Is  Sued 
By  Operators 
For  A  Million 


Suit  was  filed  yesterday  by  Samuel 
H.  Birnbaum,  attorney  for  Local  306, 
against  the  I.T.O.A.,  seeking  |1,000,- 
000  in  damages,  $250,000  of  which  is 
claimed  as  actual  damages  and  $750,- 
000  exemplary  damages.  According  to 
the  complaint,  the  union  claims  a  con- 
spiracy exists  to  drive  it  out  of  busi- 
ness. 

Local  306  says  it  is  seeking  an  or- 
der to  restore  projectionists  dis- 
charged in  11  member  theatres  of  the 
I.T.O.A.  and  also  asks  residue  sal- 
aries of  $150,000.  The  operators  were 
discharged  Aug.  23  last.  The  opera- 
tors' union  also  asks  for  an  order  to 
dissolve  the  I.T.O.A.  as  "an  illegal 
and  unlawful  combination  in  restraint 
of  trade,"  it  states. 

Birnbaum,  in  his  complaint,  alleges 
that  I.T.O.A.  members  whom  they  are 
suing,  have  been  violating  the  Presi- 
dent's agreement  by  working  projec- 
tionists over  the  time  schedule  set 
down  under  the  NRA.  Recently  the 
NRA  ordered  local  houses  to  operate 
on  a  40-hour  basis.  Individual  mem- 
bers as  well  as  84  theatre  operating 
companies  are  defendants,  according 
to   the   union. 

The  local  is  also  seeking  an  order 
to  enjoin  and  restrict  I.  T.  O.  A. 
members  from  excluding  Local  306 
operators  or  other  union  help  from 
the  theatre;  also  to  remove  pickets 
now  parading  Local  306  houses. 

During  the  last  10  days  there  has 
been  considerable  stench  bombing  in 
Broadway  theatres. 

The  motion  is  scheduled  to  be  heard 
Monday. 

Attempts  to  reach  Milton  C.  Weiss- 
man,  attorney,  and  Harry  Brandt, 
president  of  the  I.  T.  O.  A.,  for  a 
statement  were  unavailing  last  night. 


Detroit  Independents 
Name  Komer  as  Head 

(.Continued  from   page    1) 

the  government  on  the  signed  code. 
Meetings  will  be  held  bi-monthly. 
Other  officers  will  be  elected  at  the 
next   meeting. 

An  office  will  be  opened  in  the  Film 
Exchange  building.  It  marks  the  first 
organized  opposition  to  Allied  here  in 
several  years. 


Rowland-Brice  Plan 
Four  with  Shubert 

(Continued  from   page    1) 

but  will  probably  be  re-titled  prior 
to  release.  "Name"  casts  for  all  four 
pictures  will  be  selected,  Rowland 
said. 

A  fifth  Rowland  and  Brice  produc- 
tion for  another  distributing  company 
may  be  made  at  Eastern  Service 
Studio  on  the  current  season  schedule, 
it  was  said. 


M-G-M  Signs  Bennett 

Hollywood,  Nov.  28  —  Constance 
Bennett  has  signed  a  deal  with  MGM, 
but  it  hinges  upon  approval  of  a  story 
idea  with  a  Chinese  locale  and  with 
Bernard   Hyman  producing. 


IN  TEN  DAYS!... 

QUARTER   OF  A 

Eye-staggering  figures  at  Radio  City 
IVIusic  Hall  as  "Little  Women"  crashes 
all  show-world  records  and  carries  on 
into  a  third  week  for  the  first  time  in 
the  theatre's  history! 

...AND  WHEREVER  A  HUMAN  HEART 
BEATS... THE  ANSWER   IS  THE  SAME!' 


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-^  '^'M^  YESTERDAY  I  PREVIEWED  UHLE  WOMEN 
WITH  A  GROUP  OF  PEOPLE  AND  IT  WAS 
MjNuT^j----....,^  MY  INTENTION  TO  WIRE  YOU  IMMEDI- 
^=^;^^:^;=TrT~3^i7  ATELY  HOWEVER  I  WAS  SO  COMPLETELY 
STUNNED  BY  ITS  SIMPLE  GRANDEUR  I 
COULD  NOT  GATHER  MYSELF  TOGETHER 
TO  WIRE  YOU.  IT  LIFTS  THE  INDUSTRY  TO 
NEW  HEIGHTS  AND  IT  SHOULD  EASILY 
WIN  ALL  THE  NINETEEN  THIRTY  THREE 
AWARDS.  MY  WIFE  AND  SEVERAL  OTHER 
LADIES  HAD  INTENDED  TO  GO  TO  AN- 
OTHER SHOW  AFTERWARD  AND  THE 
GREATEST  COMPLIMENT  THEY  COULD 
PAY  THIS  PICTURE  WAS  TO  SAY  IT 
WOULD  BE  SACRILEGIOUS  TO  SEE  ANY 
OTHER  PICTURE  DURING  THE  SAME  DAY 
THEY  HAD  SEEN  LITTLE  WOMEN  THERE- 
FORE THEY  WENT  HOME  TO  PONDER 
LITTLE  WOMEN.  I  CAN  NOW  SEE  WHY  I 
RECEIVED  FROM  YOU  THE  MOST  GOR- 
GEOUS PRESS  BOOK  AND  PRESS  ACCES- 
SORIES EVER  CREATED  FOR  A  PICTURE. 
I  RAISE  MY  HAT  TO  RKO  FOR  PRODUC- 
ING LITTLE  WOMEN  AND  SAY  I  AM  VERY 
PROUD  TO  BE  THE  POSSESSOR  OF  THIS 
PICTURE  IN  SEATTLE  PORTLAND  AND  TA- 
COMA.  KINDEST  REGARDS. 

JOHN  HAMRICK. 


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BALTIMORE 


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"LITTLE 
WOMEN" 

BY  LOUISA  MAY  ALCOTT  with 
JOAN  BENNETT .. PAUL  LUKAS 
FRANCES  DEE . . JEAN  PARKER 
EDNA  MAY  OLIVER  .  .  Douglass 
Montgomery  .  .  Henry  Stephenson 
DIRECTED    BY   GEORGE   CUKOR 


D  BALTIMORE  WD  NOV  24  \y:>:> 
JULES  LEVY= 

RAtllO  PICTURES  CORPORATION  RADIO  CITY  NYC= 
DEAR  JULES  LITTLE  WOMEN  IS  SMASHING  ALL  HOUSE  RECORDS  HERE  INTO 
SPLINTERS  STOP  AND  EVEN  THAT  DOES  NOT  DO  THE  PICTURE  JUSTICE 
FOR  THE  CROWDS  THAT  ARE  UNABLE  TO  GET  IN  FAR  EXCEED  THOSE  THAT  CAN 
STCP  AS  YOU  KNOW  I  HAVE  PLAYED  THE  VERY  BIGGEST  ATTRACTIONS  YET 
LITTLE  WCMENS  FIRST  DAY  BUSINESS  EXCEEDS  CUR  HOUSE  RECORD  BY 
TWO  HUNDRED  DOLLARS  STOP  CROWDS  LINED  TO  THE  CORNER  AND  A  HALF 
BLOCK  UP  BALTIMORE  STREET  STOP  COMMENTS  ON  PICTURE  BY  FAR  THE 
GREATEST  I  HAVE  EVER  HEARD  IN  ALL  MY  YEARS  IN  THIS  BUSINESS  STCP 
WORDS  FAIL  ME  IN  DESCRIBING  IT  CONGRAT UL AT  I CNS= 
IS  RAPPAPORT.. 


RADIO'S  THANKSGIVING  GIFT  TO  ALL  THE  WORLD! 


14 


MOTION  PICTURE 

DAILY 


Wednesday,  November  29,   1933 


"Hoopla"  Is 
Big  in  Detroit 
With  $24,100 


Detroit,  Nov.  28. — "Hoopla"  and 
a  stage  show  headed  by  Buddy 
Rogers  was  a  sensation  here  last  week 
at  the  Fox.  The  take,  $24,100,  topped 
average  by  $9,100. 

"Duck  Soup"  was  also  a  strong  draw, 
running  the  State  gross  over  normal 
by  $3,300  for  a  total  of  $15,300. 
"Christopher  Bean"  was  up  by  $1,600 
at  §11,600  in  the  United  Artists. 
Other  houses  suffered  as  a  result. 

Total  first  run  business  was  ^77,- 
600.  Average  is  $77,000. 

Estimated  taJkings  for  the  week  end- 
ing Nov.  23 : 

"ONLY  YESTERDAY"  (Univ.) 

DOWNTOWN— (2,750),     15c-40c,     7    days, 
2nd  week.   Gross:   $6,200.    (Average,   $10,000.) 
"COLLEGE    COACH"    (Warners) 

FISHER— (2,975),  ISc-Wc,  7  days.  Stage: 
Jewell  Players.  Gross:  $4,100.  (Average, 
$10,000.) 

"HOOPLA"   (Fox) 

FOX— (5,100),  15c-50c,  7  days.  Stage: 
Buddy  Rogers,  Neila,  Raymond  Baird, 
Jack  Douglas.  Gross:  $24,100.  (Average, 
$15,000.) 

"EVER   IN    MY   HEART"    (Warners) 

MICHIGAN— (4,100),  25c-50c,  7  days. 
Stage:  Joe  Laurie,  Jr.,  Maxwell  Trio, 
Emma  Hart,  Lizzie  Wilson.  Gross:  $16,300. 
(Average,    $20,000.) 

"CHRISTOPHER  BEAN"   (M-G-M) 

UNITED     ARTISTS— (2,070),     25c-50c,     7 
days.   Gross:   $11,600.    (Average,   $10,000.) 
"DUCK  SOUP"    (Para.) 

STATE— (3,000),  25c-50c,  7  days.  Gross: 
$15,300.    (Average,    $12,000.) 


Pennsylvania  Gets 
Six  New  Companies 

Haiirisburg,  Nov.  28. — New  incor- 
porations of  theatre  companies  here 
arc: 

Met  Company,  Philadelphia — Louis 
Narcn  and  B.  Berg,  Philadelphia,  and 
T.  Forsythe,  Conshohocken,  incorpo- 
rators.     Capital   stock,  $5,000. 

S.  F.  E.  N.  Theatre  Co.,  Philadel- 
phia— J.  C.  Nirdlinger  and  S.  F  E. 
Nirdlinger,  Merion,  and  John  F 
Nixon,  New  York,  incorporators. 
Capital  stock,  $1,000. 

Shafer  Amusement  Co.,  Pittsburgh 
— G.  Shafer,  Wheeling,  West  Va. ; 
George  S.  Otte,  Lebanon,  and  Mo 
Glanz,  Pittsburgh,  incorporators. 
Capital  stock,  $5,000. 

Eleanor  Harris  Amusement  Co., 
Pittsburgh — Frank  J.  Harris  and  C. 
T.  Durham,  Grafton,  and  Eugene  L. 
Connelly,  Pittsburgh,  incorporators. 
Capital  stock,  $100,000. 

Family  Amusement  Co.,  Pittsburgh 
—Frank  J.  Harris,  Grafton ;  J.  T. 
McGrcevy,  Mt.  Lebanon,  and  George 
S.  Harrison,  Oakmont,  incorporators. 
Capital  stock,  $10,000. 

Harris  Amusement  Co.  of  East  Lib- 
erty—F.  J.  Harris,  E.  L.  Connelly 
and  G.  S.  Harrison,  Pittsburgh,  in- 
corporators.    Capital  stock,  $25,000. 

Benefit  Shows  at  Tampa 

Tampa,  Nov.  28.  —  Jesse  Clark, 
district  manager  for  Sparks,  has 
agreed  to  donate  one  of  the  five  Tampa 
houses  each  Saturday  morning  for 
benefit  shows  to  be  conducted  by  the 
Lions  Oub. 

At  these  shows  the  only  thing 
needed  for  admission  is  some  dis- 
carded article,  such  as  wearing  ap- 
parel, toys  or  articles  of  food.  All 
articles  received  will  be  distributed 
to  the  needy  by  the  Lions  Club. 


No  Justice 

Hollywood,  Nov.  28.— One  of 
those  Hollywood  girl  plastic 
surgeons,  who  specializes  in 
lifting  faces  of  male  actors, 
is  complaining  to  her  best 
friends  that  she  has  never 
had  a  man's  face  lifted  to 
hers. 


Seattle  Grosses 
Drop  Off  Sharply 


Seattle,  Nov.  28. — Another  week 
of  mediocre  business  has  just  ended, 
with  honors,  if  any,  being  divided  be- 
tween "Meet  the  Baron,"  "Bombshell" 
and  the  third  week  of  "Footlight  Pa- 
rade." The  Jack  Pearl  opus  gave  the 
Paramount  theatre  about  a  $5,500 
week,  against  a  $6,000  average.  The 
Harlow-Tracy  picture,  shown  at  the 
Fifth  Avenue,  under  the  title  of  "The 
Blonde  Bombshell,"  was  good  for 
about  $6,500  against  a  normal  $7,000. 
"Footlight  Parade"  took  about  $4,000, 
equal  to  the  ordinary  first  week  aver- 
age. 

All  other  houses  showed  sub-normal 
receipts.  Much  emphasis  is  being 
placed  on  Thanksgiving  coming  at- 
tractions. 

Total  first  run  business  was  $35,750. 
Average  is   $42,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  25 : 

"THE    KENNEL    MURDER    CASE" 
(Warners) 

BLUE  MOUSE— (950),  25c-35c-50c,  7  days. 
Gross:    $3,750.    (Average,    $4,000.) 

"BOMBSHELL"  (M-G-M) 

FIFTH    AVENUE— (2,450),    25c-40c-55c,    7 
days.    Gross:    $6,500.    (Average,    $7,000.) 
"POLICE  CAR   17"    (CoL) 
"AVALANCHE"    (S.   R.) 

LIBERTY— (1,800),  10c-15c-25c,  7  days. 
Gross:    $4,000.     (Average,    $4,000.) 

"THE   WORST    WOMAN    IN    PARIS" 
(Fox) 

METROPOLITAN— (1,300),  25c-40c,  7 
days.  Mischa  Guterson  and  orchestra. 
Gross:    $2,000.     (Average,    $3,500.) 

"FOOTLIGHT  PARADE"   (Warners) 

MUSIC  BOX— (950),  25c-35c-50c,  7  days, 
3rd  week.  Gross:  $4,000.  (Average,  first 
week,    $4,000.) 

"HEADLINE   SHOOTER"    (Radio) 

ORPHEUM— (2,500),  25c-35c-50c,  7  days. 
Vaudeville  headed  by  June  Purcell.  Gross: 
$5,500.    (Average,    $7,000.) 

"MEET    THE    BARON"    (M-G-M) 

PARAMOUNT— (3,050),       2Sc-35c-50c,       7 
days.    Gross:    $5,500.    (Average,    $6,000.) 
"MY   WOMAN"    (Col.) 

ROXY— (2,275),  25c-35c-50c,  7  days.  Vaude- 
ville headed  by  "Radio  Rubes."  Gross: 
$4,500.    (Average,    $6,500.) 


Form  New  Ohio  Concern 

Columbus,  Nov.  28. — Incorporation 
papers  have  been  filed  by  the  North- 
western Theatre  Corp.,  with  250  shares 
of  no-par  stock.  Incorporators  are 
George  R.  Hedges,  Herman  R.  Ting- 
ley  and  Stewart  A.  Hoover.  The  or- 
ganization will  operate  the  Grand- 
view,  suburban,  heretofore  owned  by 
the    Chesborough    interests. 

James  Curl  will  continue  as  mana- 
ger. 


Fifth  Screencraft  Here 

Screencraft  Productions,  Inc.,  has 
completed  its  fifth  release,  "The  Big 
Race,"  and  the  negative  has  reached 
New  York,  according  to  Dave 
Mountan,  president,  of  Showman's 
Pictures,     Inc.,     distributors.  The 

sixth,    "The    Moth,"    has    gone    into 
production. 


'Duck  Soup,'' 
In  Pittsburgh, 
Hits  $14,500 


Pittsburgh,  Nov.  28. — Pittsburgh 
in  general  did  an  about-face  last  week, 
with  business  shooting  to  a  new  fall 
high  and  every  first  run  in  town 
hitting  well  above  average.  It  was  the 
first  encouraging  sign  since  early  Sep- 
tember. 

"Duck  Soup"  at  the  Penn  was  the 
big  leader,  getting  around  |14,500, 
which  is  $2,500  above  par.  "The  Pri- 
vate Life  of  Henry  VIII"  at  the  Ful- 
ton did  $5,750  in  its  second  week, 
which  is  better  than  the  majority  of 
pictures  do  here  in  their  first  weeks. 
It  was  generally  thought  the  Fulton 
would  hold  the  English  importation 
over  for  a  third  week,  but  the  man- 
agement decided  against  it. 

After  getting  away  poorly,  "Only 
Yesterday"  built  nicely  at  the  Stanley 
and  finished  at  $11,250.  The  Warner 
was  another  outstanding  leader,  with 
"The  Invisible  Man"  hitting  on  high 
all  week  to  $8,000,  the  best  figure  at 
this  house  since  "Footlight  Parade." 
Even  the  Pitt  and  David  wound  up  on 
the  right  side  of  the  ledger,  the  for- 
mer getting  $5,000  with  "Blind  Ad- 
venture" and  vaudeville  and  the  latter 
$3,400  with  "Havana  Widows." 

Total  grosses  in  six  first  run  houses 
were  $47,900.    Average  is  $37,000. 

Estimated  takings  for  the  week  end- 
ing Nov.  25 : 

"HAVANA    WIDOWS"    (Warners) 

DAVIS— (1,700),    25c-35c,    6    days.    Gross: 
$3,400.   (Average,  $2,500.) 
"PRIVATE    LIFE   OF    HENRY   VIII" 

(U.  A.) 
FULTON— (1,750),     15c-35c,    6    days,    2nd 
week.    Gross:    $5,750.    (Average,    $4,000.) 
"DUCK   SOUP"    (Para.) 
PENN— (3,300),     25c-50c,    6    days.     Gross: 
$14,500.    (Average,   $12,000.) 

"BLIND  ADVENTURE"  (Radio) 
PITT— (1,600).  15c-40c,  6  days.  Stage: 
Willie  Solar,  Charles  Keating,  Van  Cello 
and  Mary,  Waller  and  Lee,  Lander  Bros, 
and  Corday,  Allen-Pepper  revue  and  Ben- 
son Massimo  Co.  Gross:  $5,000.  (Average, 
$4,500.) 

"ONLY    YESTERDAY"    (Univ.) 
STANLEY— (3,600),       25c-50c,       6       days. 
Gross:    $11,250.    (Average,    $9,000.) 

"THE    INVISIBLE    MAN"    (Univ.) 
WARNER— (2,000),  25c-50c,  6  days.  Gross: 
$8,000.    (Average,    $5,000.) 


Stage  Dances  Big  Draws 

Cincinnati,  Nov.  28. — The  Liberty 
Covington,  Ky.,  across  the  river  from 
here,  is  doing  a  turnaway  business 
with  Saturday  night  barn  dances  on 
the  stage  from  10:30  to  11:15.  These 
are  attracting  both  the  rural  and  ur- 
ban natives  from  the  surrounding  ter- 
ritories. 

The  event  is  liberally  plugged  over 
WCKY,  Covington  radio  station, 
owned  by  L.  B.  Wilson,  who  also  op- 
erates the  Liberty. 


Henderson  in  New  Job 

Pittsburgh,  Nov.  28. — Morty  Hen- 
derson, formerly  manager  of  the  Har- 
ris-Etna for  Warners  ^nd  recently 
manager  of  the  Avenue  for  the  Har- 
ris Amusement  Co.,  has  been  named 
manager  of  the  Duquesne  Garden, 
local  ice-.skating  palace.  The  Garden 
is  also  owned  and  operated  by  the 
Harris   interests. 

The  appointment  of  Henderson 
comes  as  a  result  of  the  decision  of 
the  Harrises  to  close  the  Avenue. 


'^Romance"  Is 
$20,000  Draw 
In  Cleveland 


Cleveland,  Nov.  28. — Coming  in  on 
the  heels  of  a  blizzard  when  temper- 
atures were  rising,  "The  Right  to  Ro- 
mance," with  tabloid  version  of  "Fifty 
Million  Frenchmen"  on  the  stage,  sent 
the  RKO  Palace  take  up  to  $20,000. 
This  is  $2,000  over  average. 

"Christopher  Bean"  was  a  $11,000 
draw  at  the  State,  and  "The  Private 
Life  of  Henry  VIII"  was  fairly 
strong  at  the  Allen  with  $3,500. 

Total  business  was  $46,000.  Aver- 
age is  $39,350. 

Estimated  takings  for  the  week  end- 
ing Nov.  23 : 
"PRIVATE    LIFE   OF    HENRY   VIII" 

(U.  A.) 
ALLEN— (3,300),   25c-30c-40c,   3rd   week.   7 
days.   Gross:   $3,500.    (Average,   $3,000.) 
"THE  WORLD  CHANGES"  .(F.  N.) 
HIPPODROME— (3,800)         30c-35c-44c,     4 
days.     Gross:     $4,000.     (Average,     $6,000     a 
week.) 

"THE    KENNEL    MURDER    CASE" 

(Warners) 
WARNERS'  LAKE— (800),  30c-35c-44c,  7 
days.  Gross:  $3,300.  (Average,  $3,500.) 
"THE  RIGHT  TO  ROMANCE"  (Radio) 
RKO  PALACE— (3,100),  30c-40c-60c-7Sc,  7 
days.  Stage:  "50  Million  Frenchmen." 
Gross:    $20,000.    (Average,    $18,000.) 

"CHRISTOPHER   BEAN"    (M-G-M) 
STATE— (3,400),       30c-35c-44c,       7       days. 
Gross:    $11,000.    (Average,   $10,000.) 

"TAKE    A   CHANCE"    (Para.) 
"DAY   OF   RECKONING"   (M-G-M) 
STILLMAN— (1,900),    25c-30c-40c,   7   days. 
Gross:    $4,200.    (Average,    $4,000.) 


Three  New  Concerns 
Formed  in  Delaware 

Dover,  Del.,  Nov.  28. — Columbia 
Films,  Ltd.,  Cinaudagraph  Corp.  and 
Midas  Camera-Projectors  Corp.  have 
been  chartered  in  the  State  Depart- 
ment. 

Columbia  Films  filed  to  deal  in  films 
listing  capital  of  $50,000.  The  incor- 
porators are  Jack  M.  Nitzburg,  Leon- 
ard Kaufman  and  Leonard  S.  Picker 
of  New  York   City. 

Cinaudagraph  Corp.  filed  to  deal  in 
pictures,  listing  capital  of  200  shares, 
no  par  value.  The  incorporators  are 
Bernard  L.  Miller,  Irwin  I.  Green- 
field and  Marian  R.  Shapiro  of  Brook- 
lyn, N.  Y. 

Midas  Camera-Projectors  filed  to 
deal  in  cameras  of  all  kinds,  listing 
capital  of  2,000  shares,  no  par  value. 
The  incorporators  are  J.  T.  Brennan, 
Frederic  E.  Bell  and  F.  F.  Kane  of 
New  York. 


New  Florida  Censor 
Named  by  Governor 

Tallahassee,  Nov.  28. — Governor 
Sholtz  has  appointed  Miss  Eugenia  N. 
Talley  of  Miami  to  succeed  her  moth- 
er, Mrs.  Henry  Talley,  who  died  re- 
cently,  on   the   Florida   censor   board. 

This  board  is  composed  of  three 
members,  who  are  appointed  by  the 
Governor.  No  salary  is  paid,  and 
there  is  little,  if  anything,  for  the 
board  to  do,  as,  according  to  the  so- 
called  censorship  law,  all  films  which 
have  been  passed  by  the  National 
Board  of  Review,  or  the  New  York 
state  board,  are  permitted  to  be 
shown  in  the  state  without  review  by 
the  state  board. 


The  Leading 
Daily 

Newspaper 
of  the 
IVIotion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful       ) 
Service  to 
the  ln<l«5try 
in  All 
Branches 


rOL.  34.    NO.  128 


NEW  YORK,  FRIDAY,  DECEMBER  1,  1933 


TEN  CENTS 


COMPLETED  CODE  LITTLE 
CHANGED  FROM  3rd  DRAFT 


'U,"  Chicago 
News  Deal  on 
Reel  Ending 


Chicago,  Nov.  30. — The  newsreel 
eal  between  Universal  and  the  Chi- 
ago  Daily  News  is  understood  to  be 
n  its  way  out.  While  the  big  local 
aily  will  no  longer  manufacture  the 
eel,  it  is  further  understood  the  deci- 
ion  to  call  it  a  day  provides  that  the 
ame  tie-up  between  newspaper  and 
istributor  is  to  hold  for  the  next  few 
lonths. 

Indicating  termination  of  the  ar- 
angement  is  suspension  of  laboratory 
/ork  in  the  plant  set  up  by  the  News 
t  9th  and  Wabash,  out  of  which 
rints  for  the  Middle  and  Far  West 
ave  been  handled. 

Cessation  of  the  laboratory  activity 
(Continued  on  page  35) 


i^-P  Reorganization 
Plan  Seen  Speeded 

Recent  improvements  in  Paramount 
'ublix  operating  results  of  propor- 
ions  "more  favorable  than  generally 
nticipated,"  are  believed  by  the  com- 
any's  stockholders'  protective  com- 
littee  to  make  reorganization  of  the 
ompany  imminent. 

The  committee,  headed  by  Duncan 
L  Holmes  of  New  York  and  Bar- 
ey  Balaban  of  Balaban  &  Katz,  Chi- 
ago,  is  seeking  deposits  of  "a  sub- 
tantial  majority"  of  the  3,380,121 
hares  outstanding  in  order  to  obtain 
proper  recognition"  for  stockholders 
1  the  reorganization  plan.  The  com- 
littee  reports  that  it  now  has  on  de- 
osit  more  than  900,000  shares,  repre- 
enting  more  than  7,000  stockholders. 


^agal  Confers  Here 
On  Poli-N.  E.  Deal 

Louis  M.  Sagal,  operating  head  of 
he  Poli  theatres  in  New  England, 
vas  in  town  Wednesday  conferring 
vith  bankers  on  the  transfer  of  the 
:ircuit  to  Poli-New  England  Corp. 
rhe  18  theatres  were  to  have  passed 
o  control  of  S.  Z.  Poli  and  Sagal 
)n  Wednesday,  but  the  attorneys 
vorking  on  the  deal  have  held  it  up 
igain.  Sagal  is  back  in  New  Haven 
oday. 


Code  Data  in  Full 

Official  and  complete  text 
of  the  industry  code  appears 
today  on  pages  6,  15,  16,  17,  18, 
30,  32  and  34.  Chronology  of 
the  code,  as  reported  in 
Motion  Picture  Daily  from 
May  4  to  the  present  day, 
appears  on  pages  19,  22,  23 
and  27. 


All  Factions 
Given  Places 
On  Code  Body 


Industry  factions  and  allied  inter- 
ests identified  with  activities  in  con- 
nection with  the  drafting  of  the  code 
received  with  tranquility  the  official 
announcement  of  the  code  authority 
membership  made  by  Administrator 
Hugh  S.  Johnson  at  Atlanta  and  pub- 
lished in  Wednesday's  Motion  Pic- 
ture Daily.  Virtually  no  dissatis- 
faction with  the  Administration's 
choice  for  membership  on  the  board 
was  voiced  in  any  quarter. 

Even  labor,  which  was  given  no 
immediate  representation  on  the  code 
authority,  accepted  the  announcement 
of  the  appointees  with  equanimity. 
While  withholding  comment  on  the 
appointments,     leaders     of     organized 

{Continued  on  page  35) 


Salary  and  Penalty  Clauses  Suspended  for 

Study,  but  May  Be  Put  into  Effect 

by  Administrator 


Changes  So  Minor  Signatures 

Already  Affixed  Will  Stand 

Washington,  Nov.  30. — Companies,  individuals  and  trade  associa- 
tions which  have  signed  the  third  code  draft  will  not  be  required 
to  sign  anew  the  final  code  promulgated  by  executive  order,  it  was 
stated  here  today. 

Changes  made  in  the  third  draft  were  described  as  being  of  "too 
minor"  a  character  to  affect  compliance  with  the  draft  already 
signed.  The  sole  changes  of  any  significance  are  carried  in  the 
executive  order,  compliance  with  which  was  conceded  by  the  early 
signatories. 

All  major  companies  with  the  exception  of  United  Artists  have 
signed  the  code,  as  has  the  M.  P.  P.  D.  A.  as  a  trade  organization. 
The  I.  A.  T.  S.  E.  and  a  number  of  its  locals,  a  number  of 
M.  P.  T.  O.  A.  units  and  regional  exhibitor  organizations  have  also 
signed. 


Washington,  Nov.  30.— Accompanied  by  President  Roosevelt's 
executive  order  suspending,  but  not  removing  from  the  code,  the 
$10,000  penalty  for  payment  of  excessive  salaries  and  the  clause 
restricting  talent  "raids,"  the  industry's  NRA  code  emerges  after 
wrecks  of  stalemate  unchanged  in  any  essentials  from  the  form  in 
which  it  went  to  Deputy  NRA  Administrator  Sol  A.  Rosenblatt 
on  Oct.  4  as  the  third  NRA  draft. 

Suspension  of  application  of  Article  5  clauses,  by  Presidential 
order,  is  made  to  afiford  Administrator  Hugh  S.  Johnson  an  in- 
terim, believed  to  be  90  days,  in  which  to  investigate  further  the 

advisability  of  either  permanent- 
ly suspending  or  altering  the  pro- 
visions of  the  article,  or  decid- 
ing on  placing  them  in  eflFect  as 
they  now  stand. 

Other  powers  over  the  code 
authority  are  granted  the  Admin- 
istrator in  the  executive  order, 
and  embrace  his  right  to  review 
and  disapprove,  if  necessary,  any 
acts  of  the  code  authority  and  to  re- 
place its  members  or  make  additions 
to  its  personnel.  This  specific  control 
by  the  Administrator  over  code 
authority  membership  is  regarded  as 
the  sum  total  of  results  obtained  by 
independent  factions  that  opposed  the 
third  draft  from  the  moment  of  its 
completion  up  to  the  day  of  its  sign- 
ing by  the  President.  It  is,  in  effect, 
the  Administration's  assurance  to  in- 
dependents of  a  "square  deal"  under 
the  code.  Also,  it  trims  the  powers  of 
the  code  authority  and  transfers  from 
it   to   the   Administrator    the    title   of 

(Continued  on  page  34) 


Johnson  Can 
Make  Changes 
In  Authority 


Washington,  Nov.  30. — President 
Roosevelt's  executive  order  putting  the 
code  into  effect  covers  six  main  points. 

First  of  these  is  a  provision  that 
the  Administrator  can  review  any 
acts  of  the  code  authority. 

The  second  provides  that  if  any 
member  of  the  authority  shall  fail  to 
be  fair  he  can  be  removed  by  the  Ad- 
ministrator. The  third  authorizes  the 
Administrator    to    add    new    members 

(Continued  on  page  34) 


Ohio  Women  Protest 
Over  Block  Booking 

Columbus,  Nov.  30. — The  board 
of  managers  of  the  Ohio  Congress  of 
Parents  and  Teachers,  meeting  at  the 
Deshler-Wallich,  has  voted  to  write 
President  Roosevelt  protesting  against 
blind  and  block  booking. 

Mrs.  H.  F.  Strater,  Toledo,  state 
motion  picture  chairman,  says  her 
committee  will,  with  the  sanction  of 
the  board,  continue  to  advocate  no 
pictures  for  children  on  school  nights, 
no  children  admitted  to  theatres  unless 
accompanied  by  adults,  and  no  sanc- 
tioning of  any  pictures  without  proper 
censorship. 


MOTION  PICTURE 

DAILY 


Friday,  December   I,   1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   Office) 


Vol. 


December    1,    1933 


No.    128 


Maxtin    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.,  Mar- 
tin Quicley,  President;  Colvin  Brown, 
Vice-President     and     Treasurer. 

Publication  Office:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quiypubco,  New  York."  All  con- 
tents copyrighted  1933  by  Motion  Picture 
Daily,  Inc.  Address  all  correspondence  to 
the  New  York  Office.  Other  Ouigley  Pub- 
lications: MOTION  PICTURE  HERALD, 
BETTER  THEATRES,  THE  MOTION 
PICTURE  ALMANAC  and  THE  CHI- 
CAGOAN. 

Hollywood  Bureau:  Pacific  States  Lite 
Building,  Vine  and  Yucca  Streets,  Victor 
U.  Shapiro,  Manager;  Chicago  Bureau:  407 
♦  South  Dearborn  Street,  Edwin  S.  Clifford, 
manager:  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhoi,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
.^partado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  II  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


M-G'M  to  Do  Style  Yarn 

Hollywood,  Nov.  30. — With  War- 
ners well  under  way  with  "The 
Fashion  Plate,"  M-G-M  comes  forth 
with  an  announcement  that  it  will 
make  a  picture  dramatizing  the  work 
of  a  studio  fashion  designer,  patterned 
after  the  work  performed  "hy  Adrian, 
who  creates  the  fashions  worn  by  its 
stars.  The  new  story  is  an  original 
by    Virginia    Kellogg. 


"Beggars"  Set  to  Go 

Hollywood,  Nov.  30. — Lionel  At- 
well  and  Betty  Furness  have  been 
signed  by  Monogram  for  "Beggars 
in  Ermine,"  which  goes  into  produc- 
tion tomorrow  with  Phil  Rosen  di- 
recting. Shooting  on  "Mystery  Lin- 
er" will  be  begun  by  Monogram  early 
ne.xt  week. 


"Alice's"  World  Release 

International  as  well  as  American 
release  of  Paramount's  "Alice  in 
Wonderland"  has  been  set  for  Dec.  22, 
according  to  John  W.  Hicks,  vice- 
president  of  Paramount  International. 


Arliss  Film  Two-a-Day 

United  Artists  plan  to  two-a-day 
"The  House  of  Rothschild"  with 
George   Arliss. 


«/'(.oiii.^    ^^.    fKanJirl,    tJtgA. 

WorlJ-,      I.arKnl      Slock      .Shot      l.ibr 
ll>.f    .'II    Million    li-.l    „l    Indrvi'd    Ni-tali' 
1nManll>'    A>.lll.llll. 

'29  ■  7th  Ave.      iil<,j„f».44|-       N.  1. 


Wilstach  Services 
To  Be  Held  Today 

Funeral  services  for  Frank  Wil- 
stach. M.  p.  p.  D.  A.  aide,  who  died 
here  Tuesday,  will  be  strictly  private 
in  accordance  with  the  wishes  of  the 
family  of  the  deceased.  Interment 
will  occur  this  afternoon  from  the 
W.  J.  Dargeon  chapel,  954  Amster- 
dam  Ave. 

Wilstach  died  at  Manhattan  Gen- 
eral Hospital  following  an  operation 
for  an  abscessed  liver,  which  devel- 
oped concurrently  with  an  attack  of 
influenza.  He  was  68  years  old  and 
had  been  advertising  and  publicity 
contact  for  the  M.  P.  P.  D.  A.  for 
the   past  eight  years. 


Charles  Stern  Feted 

Charles  Stern,  who  has  just 
switched  his  U.  A.  headquarters  from 
Boston  to  New  York,  was  tendered 
a  farewell  dinner  in  the  Beantowii 
Tuesday  night.  Attending  the  affair 
at  the  Copley  Plaza  were  300,  among 
those  being  Al  Lichttnan,  Hal 
Home.  Moe  Streimer  and  Edward 
Mullins  of  New  York.  All  but 
Stern  flew  back  Wednesday.  He 
moves    his    family    into    town    today. 


Smith  Leaves  Next  Week 

Howard  Smith,  story  editor  for 
20th  Century,  leaves  for  the  coast 
next  week  after  seeing  and  purchas- 
ing a  number  of  plays  in  New  York. 
Smith  says  there  is  a  great  dearth' 
of  "great"  stories.  He  has  been 
focusing  his  attention  on  starring  ma- 
terial, stories  and  plays  pivoting 
around   one   particular   character. 


Ampa  Fetes  Six 

Monte  Brice,  William  Rowland, 
Laurence  Schwab,  Lenore  Ulric, 
Gregory  Ratoff  and  Ham  Fischer 
were  guests  at  the  A.  M.  P.  A.  on 
Wednesday.  Vivian  Moses  deliv- 
ered an  eulogy  on  the  passing  of 
Frank  J.  Wilstach  and  the  members 
paid  their  respects  by  bowing  in  rev- 
erence for  one  minute. 


linger,  Kusell  Return 

J.  J.  Unger  and  Milt  Kusell  re- 
turned Wednesday  evening  from 
Washington  and  Philadelphia  where 
they  conferred  with  the  Paramount 
exchange   managers. 


Busy  Three  Ways 

Gregory  Ratoff's  visit  to 
New  York  finds  him  in  a  pe- 
culiar spot.  Under  contract 
to  Radio,  lie  has  been  loaned 
to  Columbia  to  make  one  pic- 
ture and  today  opens  at 
Loew's  State  for  personal  ap- 
pearances. All  three  compa- 
nies have  him  on  the  go  lin- 
ing up  interviews  and  stories 
ies  and  he  finds  it  difficult  at 
times  to  accommodate  all 
three  at  once.  He  leaves  for 
Hollywood  in  10  days. 


Schwab  to  Produce 
Play  in  Hollywood 

Paramount  has  decided  to  produce 
"She  Loves  Me  Not"  in  Hollywood, 
with  Laurence  Schwab,  who  produced 
the  play,  supervising  production. 
Ring  Crosby  will  have  the  leading 
role.  Schwab  leaves  for  Florida  to- 
morrow   to    adapt    the    play    for    the 


Loews,  Vogels  Due  in 
Sydney  December  4 

Sydney,  Nov.  30. — Arthur  Loew 
and  Joe  Vogel  arrive  on  the  Mari- 
posa Dec.  4  on  the  first  lap  of  a 
world  tour  by  air.  Mrs.  Loew  and 
Mrs.   Vogel  also  are  taking  the  trip. 


Cohen  Spikes  West  Rumor 

Hollywood.  Nov.  30. — Again  spik- 
ing reports  Mae  West  will  leave  the 
company,  Emanuel  Cohen  states  that 
following  "It  Ain't  No  Sin,"  which 
will  be  completed  by  the  end  of  Feb- 
ruary, the  star  will  start  work  on 
"Come  Up  and  See  Me  Sometime," 
which  goes  into  work  April  1  at  the 
Paramount    studios. 


Approve  "Man's  Castle" 

Approval  of  "A  Man's  Castle"  has 
been  made  by  the  New  York  Censor 
Board  with  the  understanding  that  the 
renegade  minister  who  performs  a 
fake  marriage  be  changed  so  that  he 
is   a    bona    fide   clergyman. 


Yates,  Goetz  Return 

Herbert  J.  Yates  and  Benjamin 
Goetz  have  returned  from  a  trip  to 
the   coast. 


Loew's  Up  One  and  a  Half 

Net 

High  Low  Close  Change 

Columbia    Pictures,    vtc 25  245^^  25  -\-  % 

Consolidated   Film  Industries 2^2  Z'A  254,  -|-  '/i 

Consolidated   Film  Industries,  pfd 8-54  8^  sii  +  Vi 

Eastman  Kodak   78.54  77  78^  ■^2yg 

Fox    Film    "A" 14  14  14 

r,oew's,    Inc M)l4  28yi  30  +V/2 

Paramount    Publix    15^  VA  I54  -j-  5^ 

Pathc    Exchange    l.)4  15^  IJ^  -(-  5^ 

Pathc  ExchanKc  "A" 10'/4  10  1054  -\-  'A 

RKO    2%  2'A  2'A  -f'/g 

Warner    Bros 6^  Sj^  6  -f  '/i 

Trans  Lux  Off  One-eighth  on  Curb 

Net 
High      Low      Close      Chajige 

Technicolor     10  9^         %i        

Trans  Lux    IK         IM  IM'      —  Vs 

Para.  Publix  Bonds  Off  One 

Net 

High  Low  Close  Change 

General   Theatre    Equipment   6s    '40 i'A  3%  ^Vi  —  Vi 

General   Theatre    Equipment  6s    '40,   ctf 3'A  3  3%  +  '/i 

Loew's  6s  '41.   WW  deb  rights 80  80  80  —  !4 

Paramount    F.    L.    6s   '47 22%  22^        22%  -f  % 

Paramount   Publix  5'/5s   '50 24  235^        24  —1 

Warner  Bros.  6s  '39.  wd 36  37}^        38  


Sales 

200 

200 
200 
500 
100 
700 
200 
700 

1,300 
200 

1,000 


Sales 

200 
200 


Sale 


i  Purely 
Personal  ► 

HARRY  ROSENQUEST,  assist- 
ant to  N.  H.  Moray,  Vitaphone 
trailer  and  short  sales  manager,  re- 
turns today  from  a  ten-day  trip  to 
Warner  Indianapolis,  Cincinnati  and 
Washington  branches. 

Jimmy  Wallington,  Eddie  Can- 
tor's stooge  on  the  Chase  &  Sanborn 
coffee  radio  hour,  will  headline  the 
7th  Ave.  Roxy  stage  show  starting 
today. 

Robert  Z.  Leonard  plans  to  re- 
turn to  the  coast  in  two  weeks.  He's 
here  on  a  vacation  with  Mrs.  Leon- 
ard. 

Gary  Cooper  appeared  in  person 
yesterday  at  the  Paramount,  Brook- 
lyn, in  connection  with  the  Hearst 
Christmas    Fund    Drive. 

Howard  S.  Cullman  tendered  a 
Thanksgiving  dinner  to  all  employes 
of  the  7th  Ave.  Roxy  on  Wednesday 
evening. 

Leon  Rosenblatt  returns  from  an 
Atlantic    City    vacation    on    Sunday. 


Film  for  Charity  to  Open 

"Through    The    Centuries,"    written 
by    Francis    X.    Talbot,    S.J.,    literary 
editor  of  the  weekly,  "America,"  and 
narrated  by    Pedro   de   Cordoba,   willj 
open    at    the    Warner    tonight,    for   aj 
two-week  run.     The  picture  was  pro- 
duced by  Beacon  Films,  Inc.,  and  the| 
proceeds    will   be   devoted   to   charity. 


Lang  Here  from  5.  A, 

Fred  W.  Lange,  Paramount  gen- 
eral manager  in  Argentine,  Para- 
guay and  Uruguay,  arrived  here 
Wednesday  for  conferences  with  John 
W.  Hicks,  Paramount  foreign  man- 
ager, on  new  season  distribution 
policies. 


Stars  Going  to  Coast 

Irene  Dunne,  Colleen  Moore  and 
Lenore  Ulric  are  planning  to  leave 
within  a  few  days  for  the  coast  to 
start  work  for  Radio.  Miss  Ulric ; 
will  go  into  "I  Loved  An  Actress," 
and  leaves   for  Hollywood  tomorrow. 


Saunders,  Rodgers  Back  \ 

E.  M.  Saunders,  western  sales  man- 
ager, and  W.  F.  Rodgers,  eastern 
sales  manager,  are  back  in  town  after 
a  tour  of  M-G-M  exchanges  under 
their   jurisdiction. 


Lewis  Leaves  for  Cuba 

David  Lewis,  M-G-M  supervisor 
in  Havana,  left  yesterday  for  his 
headquarters  after  several  weeks  here. 


NEWS  OF 
WEEK  IN 


PHOTO 


:^^^^, 

^m^. 


REVUE 


?w;i-'j 


2  THANKSGIVING 
TREATS  for  Broadway 
are  Joe  E.  Brown's  'Son 
of  a  Sailor' °  at  Strand 
and  Kay  Francis' 
'House  on  56th  Street'* 
at  Hollywood. 

420   RETURN   DATES 

already  set  for 'Disraeli' 
re -release,  with  Day- 
ton's Keyes,  Provi- 
dence's Fay,  Cincy's 
Libson  prominent  on 
long  list  of  full -week 
bookings.* 

*A  Warner  Broj.  ficfure 

"A  f  irif  National  Picture 

VHagraph,  Inc.,  Distribufort 


TO  THE  PRESIDENT 

goes  200,000th  copy  of 
'Anthony  Adverse,' 
country's  top-selling 
story,  autographed  by 
author  Hervey  Allen. 
Early  production  is 
scheduled  by  Warners. 


FIRST  FLASH  of  typical  Buz  Berkeley  spectacle 
scene  in  'Fashion  Plate,'  Warner's  surprise 
girl-and-gown  show  starring  William  Powell.* 


V*j 


.^^ 


TALENTED  TUNESMITHS.  Al  Dubin  and 
Harry  Warren,  famed  composers  of  Warner 
musicals,  complete  five  new  melodies  for 
coming  'Wonder  Bar.'" 


■  0  ;s*^  ^   I 


*ii-^! 


lii 


'SHOULD  BE  MONEY  MAGNET  at  all  houses  —  laughter  from 
start  to  finish ! '  says  enthused  Variety  Daily  review  of  'Conven- 
tion City,'  10-comic  special  directed  by  Archie  Mayo." 


THE   NEXT   DANCE   IS   1 


NASHVILLE'S  hot  .  .  .  Houston's  stepping! 
ATLANTA'S  in  a  whirl  .  .  .  WASHINGTON'S 
dizzy  .  .  .  RICHMOND  and  NORFOLK  are  on 
their  ears  .  .  .  PROVIDENCE'S  palpitating! 
COLUMBUS,  LOUISVILLE,  INDIANAPOLIS 
are  shaking  their  hips  .  .  .  CHICAGO'S  nuts  .  .  . 
DENVER   and  ST.  LOUIS   are  in  a  lather  .  .  . 


—  and     here^s     the 
happy  reason!    She^s 
dancing  with  joy 
in  your  heart! 


JOAN  CRAWFORD,  CLARK  GABLI 


with  FRANCHOT  TONE,  MAY  ROBSON,   WINNIE    LIGHTNER,   FRED    ASTAIRl 
ROBT.  BENCHLEY,  TED  HEALY  and  his  STOOGES— ROBT.  Z.  LEONARD,  Directc 

Screen  play  by  Allen  Rivkin  and   P.  J.  Wolfson,  from  the  book  by  James  Warner  Bellah, 
DAVID  O.  SELZNICK — Executive  Producer,  John  W.  Considine,  Jr. — Associate  Producer 


>URS! 


m      iHE    DANCING  ;|.ADY" 

A  METRO-GOLDWYN-MAYER  SMASH! 


MOTION  PICTURE 

DAILY 


Friday,  December   I,   1933 


Complete  Text  of  Industry  Code 


Final  Draft 
As  Approved 
By  President 


Code  of  Fair  Competition 

for 

Motion  Picture  Industry 

PREAMBLE 

This  Code  is  established  for  the  purpose 
of  effectuating  the  policy  of  Title  I  of  the 
National  Industrial  Recovery  Act  and  shall 
be  binding  upoii  all  those  engaged  in  the 
motion   picture   industry. 

ARTICLE  I 
Definitions 

1. — The  term  "motion  picture  industry" 
as  used  herein  shall  be  deemed  to  include, 
without  limitation  the  production,  distribu- 
tion, or  exhibition  of  motion  pictures  and 
all  activities  normally  related  thereto,  ex- 
cept as  specifically  excepted  from  the  op- 
eration of  this  Code. 

2. — The  term  "Producer"  shall  include, 
without  limitation,  all  persons,  partner- 
ships, associations  and  corporations  who 
shall  engage  or  contract  to  engage  in  the 
production   of   motion   pictures. 

3. — The  term  "Distributor"  shall  include, 
without  limitation,  all  persons,  partner- 
ships, associations  and  corporations  who 
shall  engage  or  contract  to  engage  in  the 
distribution    of    motion    pictures. 

4. — ^The  term  "Exhibitor"  shall  include, 
without  limitation,  all  persons,  partnerships, 
associations  and  corporations,  engaged  in 
the  ownership  or  operation  of  theatres  for 
the  exhibition  of  motion  pictures. 

S. — The  term  "legitimate  production"  as 
used  herein  shall  be  deemed  to  refer  to 
theatrical  performances  of  dramatic  and 
musical  plays  performed  on  the  stage  by 
living   persons. 

6. — The  term  "employee"  as  used  herein 
shall  be  deemed  to  refer  to  and  include 
every  person  employed  by  any  Producer, 
Distributor  or  Exhibitor  as  hereinabove 
defined. 

7. — The  term  "clearance"  as  used  herein 
shall  be  deemed  to  refer  to  that  interval 
of  time  between  the  conclusion  of  the  ex- 
hibition of  a  motion  picture  at  a  theatre 
licensed  to  exhibit  such  motion  picture 
prior  in  time  to  its  exhibition  at  another 
theatre  or  theatres  and  the  commencement 
of  exhibition  at  such  other  theatre  or  the- 
atres. 

8. — The  term  "zone"  as  used  herein  shall 
be  deemed  to  refer  to  any  defined  area 
embraced  within  the  operations  of  a  local 
clearance   and   zoning  board. 

9.— The  term  "non- theatrical  account"  as 
used  herein  shall  be  deemed  to  refer  to 
churches,  schools  and  other  places  where 
motion  pictures  are  exhibited  but  which 
are  not  operated  in  the  usual  and  ordinary 
course  of  the  business  of  operating  a  the- 
atre  for   the   exhibition   of   motion  pictures. 

10. — The  term  "affiliated  Exhibitor"  as 
used  herein  shall  be  deemed  to  refer  to 
an  Exhibitor  in  the  business  of  operating 
a  motion  picture  theatre  which  business  is 
owned,  controlled  or  managed  by  a  Pro- 
ducer or  Distributor  or  in  which  a  Producer 
or  a  Distributor  has  a  financial  interest  in 
the  ownership,  control,  or  management 
thereof.  The  mere  ownership,  however,  by 
a  Producer  or  Distributor  of  any  theatre 
premises  leased  to  an  Exhibitor,  shall  not 
constitute  any  such  Exhibitor  an  "affiliated 
Exhibitor." 

11. — The  term  "unaffiliated  Exhibitor"  as 
used  herein  shall  be  deemed  to  refer  to  an 
Exhibitor  engaged  in  the  business  of  oper- 
ating a  motion  picture  theatre  which  busi- 
ness is  not  owned,  controlled  or  managed  by 
any  Producer  or  Distributor  or  in  which  no 
Producer  or  Distributor  has  an  interest  in 
the  ownership,  management  or  control 
thereof. 

12. — ^The  term  "Outside  or  Associated 
Producer"  as  used  herein  shall  refer  to  a 
Producer  of  motion  pictures,  including 
features,    short    subjects,    and/or    cartoons. 


and  which  Producer  operates  his  or  its  own 
production  unit  independently  of,  though 
in  conjunction  with,  another  Producer  or 
Distributor  under  whose  trade  name  or 
trade  mark  the  productions  of  said  Outside 
or  Associated  Producer  are  released  and 
distributed. 

13. — The  term  "Administrator"  as  used 
herein  shall  be  deemed  to  mean  the  Na- 
tional Recovery  Administrator. 

14. — The  term  "effective  date"  shall  be 
and  this  Code  shall  become  effective  on 
the  tenth  day  following  the  approval  of 
this  Code  by  the  President  of  the  United 
States. 

15. — Population,  for  the  purposes  of  this 
Code,  shall  be  determined  by  reference  to 
the   1930  Federal   Census. 


ARTICLE  II 
Administration 

1. — A  Code  Authority  of  the  Motion  Pic- 
ture Industry  constituted  as  in  this  Article 
provided  and  herein  referred  to  as  the 
"Code  Authority"  shall  be  the  agency  for 
the  administration  of  this  Code,  and  shall 
have  such  powers  as  shall  be  necessary 
therefor,  together  with  such  other  powers 
and  duties  as  are  prescribed  in  this  Code. 
2.— (a)— The  Code  Authority  shall  con- 
sist of  the  following  representing  affiliated 
producers,  distributors  and  exhibitors:  Mer- 
lin H.  Aylesworth,  Sidney  R.  Kent,  George 
J.  Schaefer,  Nicholas  M.  Schenck,  Harry 
M.  Warner.  Representing  unaffiliated  pro- 
ducers, distributors  and  exhibitors:  Robert 
H.  Cochrane,  W.  Ray  Johnston,  Ed  Kuy- 
kendall,  Charles  L.  O'Reilly,  Nathan  Ya- 
mins. 

(b) — ^As  and  when  any  question  directly 
or  indirectly  affecting  any  class  of  em- 
ployees engaged  in  the  motion  picture 
industry  is  to  be  considered  by  the  Code 
Authority,  one  representative  of  such 
class,  selected  by  the  Administrator  from 
nominations  made  by  such  class  in  such 
manner  as  may  be  prescribed  by  the  Ad- 
ministrator, shall  sit  with  and  become 
for  such  purposes  a  member  of  the  Code 
Authority  with  a  right  to  vote. 

(c) — The  Administrator  may  designate 
not  more  than  three  additional  persons 
without  vote  who  shall  not  have  any  di- 
rect, personal  interest  in  the  motion  pic- 
ture industry  nor  represent  any  interest 
adverse  to  the  interest  of  those  engaged 
therein,  as  representatives  of  the  Ad- 
ministration. 

(d) — In  case  of  the  absence,  resigna- 
tion, ineligibility  or  incapacity  of  any 
member  of  the  Code  Authority  to  act, 
an  alternate  of  the  same  general  class 
of  the  industry  and  a  bona  fide  executive 
or,  a  bona  fide  Exhibitor,  as  the  case 
may  be,  designated  by  such  member  shall 
act  temporarily  in  place  of  such  member. 
Such  designated  alternate  shall  be  certi- 
fied to  the  Code  Authority  by  such  mem- 
ber but  the  Code  Authority  may  reject 
such  alternate  and  require  another  to  be 
so  designated. 

(e)^Each  alternate  designated  by  a  mem- 
ber of  the  Code  Authority  to  be  a  per- 
manent alternate  for  such  member  shall 
be   approved  by   the   Administrator. 

(f) — In  the  event  any  member  of  the 
Code  Authority  is  un,able  for  any  reason 
to  designate  his  alternate,  the  Code  Au- 
thority, subject  to  the  approval  of  the  Ad- 
ministrator, shall  select  such  alternate  from 
the  same  general  class  as  that  of  such 
member. 

(g) — No  employer  in  the  industry  shall 
have  more  than  one  representative  at  any 
time    upon    the   Code   Authority. 

(h) — A  vacancy  in  the  Code  Authority 
subject  to  being  filled  in  the  same  manner 
as  above  provided  in  sub-section  (f)  of  this 
section,  shall  exist  when  any  member  shall 
cease  to  be  a  bona  fide  executive  or  a  bona 
fide  exhibitor. 

3. — The  Code  Authority  may  make  such 
rules  as  to  meetings  and  other  procedural 
matters  as  it  may  from  time  to  time  de- 
termine. 

4. — The  Code  Authority  may  from  to  time 
appoint  Committees  which  may  include  or 
be  constituted  of  persons  other  than  mem- 
bers of  the  Code  Authority  as  it  shall 
deem  necessary  to  effectuate  the  purposes 
of  this  Code,  and  may  delegate  to  any 
such  Committee  generally  or  in  particular 
instances  any  power  and  authority  within 
the  scope  of  the  powers  granted  to  the 
Code  Authority  under  this  Code  provided 
that  the  Code  Authority  shall  not  be  re- 
lieved of  its  responsibility  and  duties  here- 
under. The  Code  Authoritv  may  at  any 
time  remove  from  any  Committee  anv 
member  thereof.  TTie  Code  Authority  shall 
coordinate  the  duties  of  the  Committees 
with    a   view    to  promoting   joint    and   har- 


The  President 


monious  action  upon  matters  of  common 
interest.  Any  action  taken  by  any  of  such 
committees  shall  be  reviewed  by  the  Code 
Authority. 

5.— (a)— The  Code  Authority  shall  be 
empowered  to  collect  from  the  members 
of  the  industry  all  data  and  statistics  re- 
quired by  the  President,  or  reasonably 
pertinent  to  the  effectuation  of  Title  I 
of  the  National  Industrial  Recovery  Act 
to  compile  the  same  and  disseminate 
without  individual  identification  among 
the  members  of  the  industry  summaries 
thereof,  all  in  such  form  and  manner  as 
the  Code  Authority  or  the  Administrator 
shall  prescribe.  No  such  statistics,  data 
and  information  of  any  one  member  of 
the  industry  shall  be  revealed  to  any 
other  member.  The  dissemination  of  sum- 
maries of  such  information  shall  not  be 
deemed  a  disclosure  thereof.  In  addi- 
tion to  information  required  to  be  sub- 
mitted to  the  Code  Authority,  there  shall 
be  furnished  to  government  agencies 
such  statistical  information  as  the  Ad- 
ministrator may  deem  necessary  for  the 
purposes  recited  in  Section  3  (a)  of  the 
National   Industrial   Recovery    Act. 

(b)— The  Code  Authority  shall  have  the 
right   to  make  independent   investigations 
of  violations   or   alleged   violations   of  the 
Code   by    any    branch   of   the    industry    or 
by    any    person,    firm    or   corporation    en- 
gaged  in   any   branch   of   the   industry. 
6. — The    Code    Authority    shall    assist    the 
Administrator   in    administrating    the   provi- 
sions of  this  Code,  in  making  investigations 
as  to  the   functioning  or  observance  of  any 
of  the   provisions   of  this   Code   at    its   own 
instance    or   on    the    complaint    of   any    per- 
son   engaged    in     the    industry,     and     shall 
report    to    the    Administrator    on    any    such 
matters.     The  Code  Authority   may   initiate 
and     consider     such     recommendations     and 
regulations     and     interpretations,     including 
those  pertaining  to  trade  practices,  as  may 
come  before  it. 

7. — The  Code  Authority,  after_  notice  and 
hearing,  may  prescribe  additional  rules 
governing  the  conduct  of  Producers.  Dis- 
tributors and  Exhibitors  among  themselves 
and  with  each  other  and  with  their  em- 
ployees, which  rules  shall  be  submitted 
to  the  Administrator  and  if_  approved  by 
the  President  after  such  notice  and  hear- 
ing as  he  shall  deem  proper,  shall  con- 
stitute rules  of  fair_  practice  for  the  in- 
dustry, and  any  violation  thereof  shall 
constitute   a   violation   of  this   Code. 

8.— The  Code  Authority  shall,  to  such  ex- 
tent and  in  such  manner  as  may  seem 
most  useful,  utilize  the  factlities  of  _  na- 
tional, regional  and  local  trade  associations, 
eroups.  institutes,  boards  and  organiza- 
tions in  the  industry. 

9. — No  member  of  the  Code  Authority 
shall  sit  on  any  matter  involving  his  com- 
pany's or  his  own  interest  directly  and  not 
as  a  class.  In  such  case  the  Code  Author- 
ity, including  such  ineligible  member  shall 
designate  an  alternate  of  the  same  general 
class  not  connected  with  the  company  or 
theatre  of  the  ineligible  member  to  sit  in 
his  place. 


Hours,  Wages 
Of  Labor  Are 
Set  in  Detail 


10.— (a)— The  Code  Authority  shall  have 
the  right  to  appoint,  remove,  and  fix 
the  compensation  of  all  persons  whom  it 
may  employ  to  assist  it  in  any  capacity 
whatsoever  in  administering  this  Code. 

(b) — The  expenses  of  the  Code  Author- 
ity in  administering  this  Code  shall  be 
budgeted  and  fairly  allocated  among  the 
three  divisions  of  the  industry  and  as- 
sessed against  the  respective  members 
thereof  who  accept  the  benefits  of  the 
activities  of  the  Code  Authority  or  other- 
wise assent  to  this  Code,  in  such  manner 
as  shall  be  determined  by  the  Code  Au- 
thority. 

(c) — Any  person  who  shall  fail  to 
promptly  pay  any  assessment  or  levy 
made  pursuant  to  an  order  of  the  Code 
Authority  as  an  expense  in  administer- 
ing this  Code  shall  not  be  entitled  to 
file  any  complaint  under  any  Article  or 
PART  thereof. 

ARTICLE  III 
General  Provisions 

Section  1.— (a) — Employees  shall  have 
the  right  to  organize  and  bargain  col- 
lectively through  representatives  of  their 
own  choosing,  and  shall  be  free  from  the 
interference,  restraint,  or  coercion  of  em- 
ployers of  labor,  or  their  agents,  in  the 
designation  of  such  representatives  or  in 
self-organization  or  in  other  concerted 
activities  for  the  purpose  of  collective 
bargaining  or  other  mutual  aid  or  pro- 
tection ; 

(b) — No  employee  and  no  one  seeking 
employment  shall  be  required  as  a  con- 
dition of  employment  to  join  any  com- 
pany _  union  or  to  refrain  from  joining, 
organizing,  or  assisting  a  labor  organiza- 
tion of  his   own   choosing;    and 

(c) — Employers  shall  comply  with  the 
maximum  hours  of  labor,  minimum  rates 
of  pay,  and  other  conditions  of  employ- 
ment, approved  or  prescribed  by  the 
President. 

Section  2. — This  Code  is  not  designed  to 
promote  monopolies  or  to  eliminate  or  op- 
press small  enterprises  and  shall  not  be 
applied  to  discriminate  against  them  nor 
to  permit  monopolies  or  monopolistic  prac- 
tices. 

ARTICLE  IV 
Labor  Provisions 

A. — On  and  after  the  effective  date  of 
this  Code,  in  the  PRODUCTION  of  Motion 
Pictures: 

Section  1.— HOURS  OF  EMPLOYMENT. 

(a) — No  employee  shall  work  more  than 
forty   (40)   hours   in   any   one  week. 

(b) — No  employee  of  the  following 
classes  _  shall  work  more  than  forty  (40) 
hours   in   any   one  week: 

Accountants;  accounting  machine  op- 
erators; bookkeepers;  clerks;  firemen; 
garage  clerks;  gardeners;  janitors; 
librarians;  mail  clerks;  messengers; 
mimeograph  operators;  porters;  readers; 
restaurant  workers;  seamstresses;  sec- 
retaries (exclusive  of  Executives'  sec- 
retaries receiving  $35.00  or  more  per 
week) ;  stenographers ;  telephone  and 
telegraph  operators;  time-keepers;  typ- 
ists; and  watchmen, 
(c) — No  studio  mechanic  of  the  follow- 
ing classes  shall  work  more  than  thirty - 
six    (36)    hours   in   any   one   week: 

Artists  and  sculptors;  automotive 
mechanics;  blacksmiths;  carpenters; 
casters  and  mouldmakers  (staff);  ce- 
ment finishers;  chauffeurs  and  truck 
drivers;  construction  foremen  (car- 
penters); electrical  foremen;  electrical 
workers;  floormen  (electric);  foundry- 
men,  gaffers;  grips;  laborers;  lamp 
operators;  machinists;  marbleizers, 
grainers,  and  furnituiie  finishers;  model- 
ers (staflf);  model-makers  (staff); 
moulders  (metal);  operating  engineers; 
ornamental  iron  workers;  painters;  pat- 
tern makers;  plasterers;  plumbers;  pro- 
jectionists (except  process  projection- 
ists); propertymen;  scenic  artists;  set- 
drapers;  sheet-metal  workers;  sign 
(Continued  on  page  15) 


Courtesy  of  Goldsmith  and  Free  Studios 


The    World's    Greatest   STORY! 
LEWIS   CARROLL'S 


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ALICE   IN 
WONDERLAND 


Directed  by  Norman  McLeod 


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with   the   world^s  greatest  CAST! 

CHARLOTTE  HENRY  as  ^^Alke''  and 
Richard  Arlen  •  Rosco  Ates  •  Gary  Cooper  •  Leon 
Errol  •  Louise  Fazenda  •  W.  C.  Fields  •  Skeets 
Gallagher  •  Gary  Grant  •  Raymond  Hatton 
Edward  Everett  Horton  •  Roscoe  Karns  •  Baby 
LeRoy  •  Mae  Marsh  •  Polly  Moran  •  Jack  Oakie 
Edna  May  Oliver  •  May  Robson  •  Charlie  Ruggles 
Alison  Skipworth  •  Ned  Sparks  and  Ford  Sterling 

A     PARAMOUNT     PICTURE 


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COLUMBUS,  OHIO,  WRDNlfSDAY,  AUGUST  16,  1933. 


Bexley  High  Student,  14,  Is  Given  Test     uimi  i 
For  Part  in  Film  'Alice  in  Wonderland'     >' 


h^.         Marxian  Roojuin. 
"Alice  in  WondirUmd" 


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Finfllifts  Selected 

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150,000,000  PEOPLE 

HAVE    READ    ABOUT 

PARAMOUNT'S   "ALICE" 

1925  United  States,  60  English  and  33  Canadian 
newspapers  have  carried  not  one  but  many  stories 
on  Paramount's  " AHce  in  Wonderland  ".  It  is  esti- 
mated that  1 50,000,000  people  have  been  reached 
by  these  stories.  The  Chicago  Tribune  alone, 
circulation  860,000,  carried  a  full  page  story  in 
color  on  "Alice"  in  its  issue  of  Nov.  5th. 

All  the  leading  news  services  —  Associated 
Press,  United  Press,  ANA,  Consolidated  Press  and 
other  wire  services  have  carried  many  stories  on 
"Alice"  all  over  the  world.  Nation's  leading  radio 
stations  are  going  -Alice",  One  program  alone 
covered  both  networks  of  NBC  m  nation-wide 
broadcast.  Play  "Alice"  at  Christmas  and  cash  in 
on  this  publicity  while  it  is  still  hot. 


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STUDIO  SNOWED 

UNDER  BY  ENORMOUS 

FAN   MAIL  ON    "ALICE" 

The  public  interest  in  "Alice",  created  by  great 
publicity  campaign  on  this  picture,  is  now  at  its 
peak.  Over  25,000  personal  expressions  of  opin- 
ion have  been  received  by  the  studio  as  a  result 
of  the  articles  that  have  run  in  newspapers  in 
regard  to  "Alice". 

48  Little  Theatre  groups  have  wired  or  written 
to  recommend  their  favorite  "Alice."  50  leading 
citizens  of  this  country  have  expressed  their  own 
personal  opinions  concerning  '"Alice". 

6,800  applications  were  received  from  girls 
and  young  women  in  the  United  States,  England 
and  Canada  who  wished  to  play  the  role  of  "Alice '. 
650  of  these  were  personally  interviewed.  Play 
"Alice"  at  Christmas  and  tie  in  with  this  interest. 


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25  MANUFACTURERS 

TIE  UP  WITH 

PARAMOUNT'S   "ALICE" 

The  enormous  public  interest  in  Paramount's 
"Alice"  has  prompted  twenty-five  nationally 
known  manufacturers  to  put  out  lines  of  "Alice" 
merchandise;  dolls,  toys,  paper  cutouts,  puzzles, 
games,  jewelry,  soap,  plaster  and  metal  figures, 
book-ends,  books,  tea  sets,  children's  dresses  and 
"Alice"  novelties  of  all  sorts. 

Nation-wide  window  displays  featuring  this 
merchandise  will  appear  during  the  Christmas 
season.  Exhibitors  playing  "Alice"  at  Christmas 
will  have  every  opportunity  to  tie  in  with  these 
merchandising  displays- 


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NATION'S 

DEPARTMENT  STORES  TO 

FEATURE  "ALICE"  WINDOWS 

An  "Alice  in  Wonderland"  Christmas!  This  is  the 
decision  of  the  nation's  leading  department  stores 
this  year.  R.  H.  Macy  &  Company,  New  York, 
have  already  prepared  a  number  of  windows  on 
"Alice"  and  will  feature  "Alice"  in  all  their  adver- 
tising. The  May  Co.  of  Los  Angeles  and  Mandel 
Brothers  of  Chicago  are  among  other  department 
stores  featuring  "Alice"  in  their  windows. 

Leading  Fifth  Avenue  jewelers  have  created 
elaborate  windows  on  "Alice"  for  the  Christmas 
season.  It  is  expected  that  over  400  department 
stores  will  make  special  "Alice  in  "Wonderland" 
displays  at  Christmas.  Play  "Alice"  at  Christmas 
and  tie  in  with  this  great  exploitation  opportunity. 


and  PLAY 

SANTA  GLAUS 
TO  YOURSELF! 


»■■'■■ 


if    it's   a    PARAMOUNT    PICTURE    it's    the    best   show  i 


Friday,  December  I,   1933 


MOTION  PICTURE 

DAILY 


All  Departments  of  Labor  Named 


{Continued  from  page  6) 
writers;  sprinkler  fitters;  steam  fitters; 
structural  steel  workers;  swing  gang 
(property);  upholsterers;  welders;  and 
Laboratory  Workers  of  the  following 
classifications:  chemical  mixers,  nega- 
tive assemblers  and  breaker-downs; 
negative  developers'  assistants,  negative 
notchers,  negative  splicers,  positive 
daily  assemblers,  positive  developers' 
assistants,  positive  release  splicers, 
printers,  processing  and  negative  pol- 
ishers, release  inspectors,  rewinders, 
sensitometry  assistants,  shift  boss  print- 
ers and  vault  clerks. 

(d) — The    maximum    hours    fixed    in    the 
foregoing  paragraphs  (a),  (b)  and  (c)  shall 
not    apply    to    employees    on    emergency, 
or   maintenance  and   repair  work;   nor   to 
cases  where  restriction  of  hours  of  skilled 
workers    on    continuous    processes    would 
hinder,  reduce  or  delay  production;  nor  to 
(1) — employees   in    executive    or   man- 
agerial  capacities,    professional    persons, 
actors   (exclusive  of  so-called  "extras") ; 
attorneys   and    their   assistants;    depart- 
ment   heads    and    their    assistants;    di- 
rectors;  doctors;    managers;   executives, 
their    assistants    and    secretaries;    pro- 
fessional   nurses;    producers    and    their 
assistants;  purchasing  agents;  unit  busi- 
ness managers;   and  writers;   nor  to 

(2) — employees  engaged  directly  in 
production  work  whose  working  time 
must  necessarily  follow  that  of  a  pro- 
duction unit,  including  art  directors; 
assistant  directors;  cameramen  and 
assistants;  company  wardrobe  men 
(women)  and  assistants;  costume  de- 
signers; draftsmen;  make-up  artists  and 
hairdressers;  optical  experts;  positive 
cutters  and  assistants;  process  projec- 
tionists; script  clerks;  ,  set  dressers; 
"stand-by"  or  "key-men;"  sound  mix- 
ers; sound  recorders;  wardrobe  fitters; 
nor  to 

(3) — employees  regardless  of  classifica- 
tion assigned  on  location  work;  nor   to 

(4) — employees  engaged  directly  in 
newsreel  production  work  in  the  follow- 
ing classifications;  editors  and  subedi- 
tors; film  cutters  and  film  joiners;  type 
setters;  camera  men  and  sound  men; 
the  working  hours  of  news-reel  camera- 
men and  soundmen  shall  be  limited  to 
three  hundred  and  twenty  (320)  hours 
in  any  eight  week  period,  to  be  com- 
puted from  the  time  such  employees 
leave  their  base  of  operation  with  their 
equipment  until  the  time  of  their  re- 
turn, or  are  required  to  remain  in  a 
designated  place;  contacting  and  plan- 
ning shall  not  be  computed  as  working 
hours;  nor  shall  this  limitation  on 
working  hours  apply  to  news-reel  cam- 
eramen and  soundmen  who  make  special 
trips  of  a  semi-vacational  nature  on 
trains,  ships,  etc.,  or  who  shall  be  as- 
signed to  duty  at  a  summer  or  winter 
resort  for  an  extended  period  of  time, 
nor  to  newsreel  cameramen  and  sound- 
men on  roving  or  "gypsy"  assignments; 
nor  to 

(5)— employees    of    producers    of    ani- 
mated   motion    picture   cartoons    in    the 
following  classifications:   animators;   as- 
sistant  animators;    cartoon   photograph- 
ers;   story    and    music    department    em- 
ployees; tracers  and  opaquers;  the  work- 
ing  hours  of  tracers  and  opaquers  shall 
be    limited    to    forty-four    (44)    hours    in 
any  one  week,  subject  to  the  exceptions 
made  herein  in  cases  of  emergency, 
(e) — With    respect    to    those    classes    of 
employees  specified  within  sub-division  (2) 
of    the    foregoing    subdivition    (d)    of    this 
.Section  1, 

(1) — such  employees  employed  on  an 
hourly  basis  or  on  a  daily  basis  with 
overtime  compensation  shall  at  the  con- 
clusion of  any  single  production  be 
given  a  full  day  off  without  pay  for 
each  six  (6)  hours  of  work  in  excess 
of  a  thirty-six  (36)  hour  weekly  av- 
erage during  the  production;  employees 
employed  on  a  weekly  basis,  whether 
by  agreement  in  writing  or  otherwise, 
shall  rot  be  deemed  to  be  within  the 
purview    of   this    sub-section    (1). 

(2) — art  directors,  assistant  directors, 
company  wardrobe  men,  women  and 
assistants,  costume  designers,  drafts- 
men, make-up  artists,  hair  dressers, 
optical  experts,  process  projectionists, 
script  clerks,  and  wardrobe  fitters  re- 
ceiving $70.00  or  less  per  week  without 
overtime  compensation,  ^t  the  conclu- 
sion of  any  single  production  shall  be 
laid  off  one  full  day,  without  pay,  for 
each  six  (6)  hours  of  work  in  excess  of 
a  thirty- six  (36)  hour  weekly  average 
during  the  production  period  but  for 
each  six  (6)  hours  or  fraction  thereof 
which  each  such  employee  has  worked 
in  excess  of  a  fifty- four  (54)  hour 
weekly   average   during   said   production 


such  employee  shall  receive  one  full 
day's  p^y.  No  such  employee  shall  be 
permitted  to  work  in  another  studio 
during  the  time  of  such  lay-off. 

Section  2.— MINIMUM   WAGES. 

(a) — No  employee  of  any   class  shall  be 

paid  less  than  forty   (40)   cents  per  hour. 

(b) — The    following    clerical,    office    and 

service   employees   shall  be   paid   not   less 

than  lifty    (5Uj   cents  per  hour: 

Accountants,  accounting  machine  op- 
erators; bookkeepers;  clerks;  hie  clerks; 
firemen;  garage  clerks;  readers;  secre- 
taries; stenographers;  telephone  and 
telegraph  operators;  time-keepers;  typ- 
ists. 

(c) — No  employee  of  the  following  classes 
of  studio  mechanics  shall  be  paid  less 
per  hour  than  the  rates  specined  loi 
each  class: 

Artists   and   Sculptors    $1.94 

Automotive  Mechanics   1.00 

Blacksmiths   l.loj 

Carpenters    I.I05 

Casiers  and  Mouldmakers  (staff)   ..     l.iog 

Cement  i'lnishers    l.lbj 

Construction  J?'oremen  (carpenter;    .     l.ooj 

Electrical  i'bremen   l.JJj 

Electrical  Workers  l.lbj 

!■  loormen  (electric)    , .     l.UO 

Foundrymen  l.lbi 

Gaffers    l.loj 

Grips    1.00 

Laborers    60 

Lamp  Operators   1.00 

Machinists  1.16i 

Marbleizers,  Grainers  and  fur  Fin- 
ishers        1.40 

Modelers  (staff)  1.94 

Modelmakers    (staff)    1.25 

Moulders  (metal)   1.161 

Uperatmg   Engineers    ^-^''S 

Ornamental  Iron  Workers   1.16^ 

Fainters   l-lbj 

Pattern   Makers    I.I63 

Plasterers    1.25 

Plumbers   1.16s 

Projectionists  1.25 

Propertymen  (first)  1.00 

Propertymen  (second)   90 

Scenic  Artists  2.25 

Set  Drapers   1.00 

Sheetmetal  Workers  1.16i 

Sign   Writers    1.66S 

Sprinkler   fitters    1.16| 

Steam   fitters    1.16s 

Structural  Steel  Workers   1.16| 

Swing  gang  (property) 75 

Upholsterers   1.10 

Welders    1.16i 

When  any  of  the  above  studio  me- 
chanics works  more  than  six  (6)  hours 
per  day  on:  (1)  emergency  or  main- 
tenance or  repair  work,  or  (2)  to  avoid 
hindering,  reducing  or  delaying  pro- 
duction, he  shall  be  compensated  at  not 
less  than  time  and  one-half  for  all 
overtime  in  excess  of  six  (6)  hours, 
(d) — No  employees  of  the  following 
classes  shall  be  paid  less  per  hour  than 
the   rates   specified   for  each   class: 

Assistant  Cutters  $1.00 

Chauffeurs  and  Truck  Drivers 83J 

Laboratory  workers  of  the  following 
classifications: 

Chemical  Mixers  70 

Negative  Assemblers  and   Breaker- 
downs 81 

Negative  Developers'  Assistants  ...      .81 

Negative  Notchers  75 

Neg;ative  Splicers  70 

Positive  Daily  Assemblers 75 

Positive  Developers'  Assistants 74 

Positive  Release  Splicers 64 

Printers   81 

Processing  and  Negative   Polishers  .     .70 

Release  Inspectors  70 

Rewinders   64 

Sensitometry   Assistants    81 

Shift  Boss  Printers   93 

Vault  Clerks   81 

Film  Loaders   83 J 

When    any    of    the    above    employees 

works    more    than    thirty-six    (36)    hours 

in  any  one  week  on:    (1)  emergency   or 

maintenance   or   repair   work;    or    (2)    to 

avoid    hindering,     reducing    or    delaying 

production,  he   shall  be  compensated  at 

straight   time  for  all  overtime  in   excess 

of  thirty-six  (36)   cumulative  hours. 

(e)— With     respect     to     the     following 

classifications    there    may    be    substituted 

a  weekly  wage  in  lieu  of  an  hourly  wage: 

Construction  Foreman  (carpenter)  . .  76.75 

Electrical    Foremen    76.75 

Gaffer  68.50 

Floorman   (electric)    60.00 

Grips  60.00 

Propertymen    (first)    60.00 

However,  for  "stand-by"  or  "key 
men,"  not  more  than  one  man  of  any 
of  the  above  classifications  shall  be  as- 
signed to  any  one  producing  unit, 
(f) — With  respect  to  all  employees  listed 
in  paragraphs  (c)  and  (d)  of  this  Section, 


Hugh  S,  Johnson 


the  foregoing  scale  of  minimum  wages 
shall  prevail  on  all  locations  except  that 
the  following  wage  scale  may  be  paid  in 
lieu  thereof  on  distant  location,  if  so  stip- 
ulated before  employment  commences  and 
all   such   employees'   expenses   are   paid: 

Distant    locations    when    employed    less 
than    one    week    of    seven    (7)    days    and 
subject  to  "call  at  any  time": 
Distant 
Location  Daily  Distant 

Studio  Rate  When  Location 

Hourly  Less  Than  Weekly 

Rate  One  Week  Rate 

$2.25  $27.25  $161.75 

1.94  24.00  141.75 

1.66g  20.75  121.75 

1.40  17.25  101.75 

1.33J  15.75  91.75 

1.25  14.75  86^5 

1.16§  13.75  81.75 

1.10  13.25  78.00 

1.00  12.25  71.75 

.90  11.50  66.75 

.83^  8.50  51.75 

.75  8.00  46.75 

.60  6.50  37.75 

When    the   distant   location    daily    rate 
above    is    employed,    the    total   wage    for 
any  one   week   shall  not  exceed  the   dis- 
tant   location    weekly    wage, 
(g) — Every     news-reel     cameraman     or 
soundman  shall  be  given  one  day  off  with 
pay  for  every  four  (4)  cumulative  days  (24 
hours  per  day)   that  he  is  away   from  his 
base    of    operations,    except    if    on    roving 
or   "gypsy"    assignments. 

Section    3.— PROVISIONS    REGARDING 

"EXTRAS." 

The  Code  Authority  provided  for  in  this 
Code  shall  undertake  and  provide  for  rules 
and  regulations  to  be  adopted  by  all  cast- 
ing agencies  and/or  Producers  with  respect 
to  "extras,"  and  shall  appoint  a  standing 
committee  representative  of  employers, 
"extra  players,"  and  the  public,  to  effectu- 
ate the  foregoing  purposes  and  to  interpret 
the  terms  of  any  provisions  made  for  "ex- 
tras" and  to  supervise  the  same,  receive 
and  pass  on  complaints  and  grievances,  and 
to  otherwise  aid  in  effectuating  the  fore- 
going provisions,  ^^bject  to  review  by  the 
Administrator. 

Such  standing  committee  under  the  super- 
vision of  the  Code  Authority  shall  cause  a 
reclassification     of      "extras"      and      "extra 
talent"    to  be   undertaken,   based  upon   the 
following   qualifications   for   such   labor: 
(a) — "Extra  players"  shall  be  those  who 
by    experience    and/or   ability    are   known 
to   be   competent    to   play   group   and   in- 
dividual  business   parts    and    to    otherwise 
appear  in  a  motion  picture  in  other  than 
atmospheric    background    or    crowd    work, 
(b) — Atmosphere  people  who  are  not  to 
be  classified  as  dependent   on   motion  pic- 
tures   for    a    livelihood,    but    who    may    be 
recorded,    listed    and    called    upon    for    oc- 
casional  special  qualifications  not  possible 
of  filling  from  the  registered  Extra  Play- 
ers, 
(c) — Crowds     not     classified,     including 


racial     groups,     location     crowds     where 
transportation    is    unpractical    and    crowd 
assemblies  of  a   public  nature. 
The  minimum  pay  for  the  foregoing  classi- 
fications shall  be  as  follows: 

(a)— "Extra  players,"  $7.50  per  day,  with 
this  minimum  graded  upward  according 
to  the  character  and  importance  of  the 
performance  and  the  personal  wardrobe 
required,  the  minimum  for  Class  A 
"dress"  people  to  be  $15  per  day ;  pro- 
vided that,  if  any  "extra  player"  employed 
as  such  is  required  to  play  a  part  or  bit 
with  essential  story  dialogue,  such  player 
shall  not  be  deemed  to  be  an  "extra  play- 
er" and  shall  become  3  "bit  player,"  and 
his  compensation  shall  be  fixed  by  agree- 
ment between  such  player  and  the  Pro- 
ducer before  the  part  or  bit  is  under- 
taken, but  the  minimum  compensation  to 
such  "bit  player"  shall  not  be  less  than 
twenty-five    dollars    ($25.00). 

(b) — Atmosphere  people,  $5  per  day,  pro- 
vided that  any  "extra  player"  may  ac- 
cept atmosphere  work  without  losing  or 
jeopardizing  his  registration  as  an  "extra 
player." 

(c) — Crowds,  $5  per  day,  provided  that 
this  minimum  shall  not  prevent  the  em- 
ployment of  large  groups  under  special 
circumstances  at  a  rate  lower  than  the 
minimum. 

(d) — Transportation  to  and  from  loca- 
tion shall  be  paid  to  "extra  players." 
There  shall  also  be  paid  to  "extra  play- 
ers" for  interviews  and  fittings  the  pay- 
ments provided  for  in  Order  16-A  of  the 
Industrial  Welfare  Commission  of  the 
State  of  California;  except  that  in  the 
event  that  any  interview  extends  beyond 
one  and  one-half  hours,  the  "extra  play- 
er," although  not  engaged,  shall  receive 
not  less  than  one-fourth  of  a  day's  pay, 
and  if  any  interview  shall  extend  beyond 
two  hours,  the  "extra  player"  shall  re- 
ceive an  additional  one-fourth  of  a  day's 
pay  for  every  additional  two  hours  or 
fraction   thereof. 

The  following  shall  be  provided  for  by 
the  said  standing  committee  among  the 
working  conditions  to  be  regulated  as  above 
provided: 

(a) — In  Casting  Bureaus  casting  and  em- 
ployment interviews  of  women  and  chil- 
dren shall  be  by  women  casting  officials, 
and  men  by  men. 

(b)— No  one  shall  be  employed  as  an 
"extra  player"  or  "atmosphere  worker" 
who  is  a  depentent  member  of  the  im- 
mediate family  of  any  regular  employee 
of  a  motion  picture  company  or  any  per- 
son who  is  not  obliged  to  depend  upon 
extra  work  as  a  means  of  livelihood, 
unless  the  exigencies  of  production  rea- 
sonably construed,  require  an  exception 
to  be  made.  And  further,  no  one  shall 
be  employed  as  an  "extra  player"  or 
"atmosphere  worker"  on  account  of  per- 
sonal   favoritism. 

(c) — A  day's  work  in  any  State  shall 
be  eight  (8)  hours,  with  overtime  as 
provided  by  the  existing  California  Stat- 
utes  relating   thereto. 

(d)— No  person  coming  under  the  above 
classifications  shall  be  permitted  to  work 
in  more  than  one  picture  for  the  same 
day's  pay,  including  overtime,  this  pro- 
vision being  intended  to  spread  employ- 
ment. 

(e) — Rotation  of  work  shall  be  estab- 
lished to  such  reasonable  degree  as  may 
be    possible    and    practicable. 

(f) — No  person  not  a  registered  "extra 
player"  shall  be  requested  by  a  studio 
casting  office  from  any  casting  agency, 
and  each  registered  "extra  player"  shall 
be  provided  wftTi  a  card  of  identification; 
suitable  regulations  for  carrying  out 
this  provision   shall  be   adopted. 

Section  4A.— PROVISIONS  REGARDING 
"FREE   LANCE"   PLAYERS. 

The  Code  Authority  provided  for  in  this 
Code  shall  undertake  and  provide  for  rules 
and  regulations  to  be  binding  upon  all 
Producers  with  respect  to  "free  lance" 
players,  receiving  compensation  of  one 
hundred  fifty  dollars  ($150.00)  or  less  per 
week,  and  shall  appoint  a  standing  com- 
mittee representative  of  employers,  "free 
lance"  players,  and  the  public,  to  effectu- 
ate the  foregoing  purposes  and  to  interpret 
the  terms  of  any  provisions  made  for 
"free  lance"  players,  and  to  supervise  the 
same,  receive  and  pass  on  complaints  and 
grievances,  and  to  otherwise  aid  in  effectu- 
ating the  foregoing  provisions  subject  to 
review    by    the    Administrator. 

Such  standing  committee,  under  the 
supervision  of  the  Code  Authority,  shall 
make  full  investigation  with  respect  to  the 
working  conditions  of  such  "free  lance" 
players  and  shall  undertake  in  and  provide 
for  by  the  rules  and  regulations  herein- 
above provided  for  with  respect  to  hours 
(Continued  on  paqe   16) 


16 


MOTION  PICTURE 

DAILY 


Friday,  December  I,   1933 


Vaudevilliansy  Chorines  Protected 


(C^Htuiued  from  page  15) 
of  employment  for  such  "free  lance"  play- 
ers, rotation  and  distribution  of  work  to 
such  reasonable  degree  as  may  be  possible 
and  practicable,  and  minimum  adequate 
compensation    therefor. 

Section  S.— OVERRIDING  PROVISIONS. 

If  the  prevailing:  wage  scale  and  maximum 
number  of  hours  per  week  as  of  August 
23,  1933,  as  fixed  in  any  agreement  or  as 
enforced  between  the  employers  and  as- 
sociations of  any  such  employees,  hovvever, 
shall  be  at  a  rate  exceeding  the  minimum 
wage  scale  provided  for  or  less  than  the 
number  of  hours  per  week  herein  provided 
for  with  respect  to  any  of  such  employees, 
such  scales  and  hours  of  labor  in  the 
localities  where  same  were  enforced  shall 
be  deemed  to  be,  and  hereby  are  declared 
to  be,  the  minimum  scale  of  wages  and 
maximum  number  of  hours  with  respect 
to  these  aforementioned  employees  in  such 
localities  under  this  Section  of  the  Code. 

Section  C— CHILD   LABOR. 

On  and  after  the  effective  date  of  this 
Code,  no  person  under  sixteen  (16)  years 
of  age  shall  be  employed  in  the  production 
of  motion  pictures,  provided,  however, 
where  a  State  law  provides  a  higher  mini- 
mum age,  no  person  under  the  age  speci- 
fied by  said  State  shall  be  employed  in 
that  State,  and  provided  further,  however, 
where  a  role  or  roles  are  to  be  filled  or 
appearance  made  by  a  child  or  children, 
a  Producer  may  utilize  the  services  of 
such  child  or  children  upon  his  compliance 
with  the  provisions  of  State  laws  apper- 
taining   thereto. 

B. — On  and  after  the  effective  date  of 
this  Code,  in  the  DISTRIBUTION  of  Mo- 
tion   Pictures: 

Section  1.— HOURS  OF  EMPLOY- 
MENT. 

(a) — No  employee  except  outside  sales- 
men shall  work  more  than  forty  (40) 
hours  in  any  one  week. 

(b) — This   provision    for    working    hours 
shall    not    apply    to    professional    persons 
employed   in   their  profession  nor   to  em- 
ployees in  a   managerial  or   an   executive 
capacity    or    in     any     other    capacity    of 
distinction     or     sole      responsibility      who 
now   receive   more   than   $35.00   per   week; 
nor  to  employees  on  emergency  or  main- 
tenance  and   repair  work. 
Section  Z.— MINIMUM  WAGES. 
No  employee  shall  be  paid: 
(a)— Less    than    fifteen    dollars    ($15.00) 
per   week   in   any  city   over   500,000  popu- 
lation or  in   the  immediate  trade  area  of 
such  city. 

(b) — Less  than  fourteen  dollars  and  fifty 
cents  ($14.50)  per  week  in  any  city  be- 
tween 250,000  and  500,000  population  or 
in  the  immediate  trade  area  of  such  city, 
(c)— Less  than  fourteen  dollars  ($14.00) 
per  week  in  any  city  or  place  up  to 
250,000  population  or  in  the  immediate 
trade   area   of   such  city   or  place. 

Section  3.— On  or  after  the  effective 
date  no  person  under  sixteen  (16)  years 
of  age  shall  be  employed  in  the  dis- 
tribution of  motion  pictures,  provided, 
however,  where  a  State  law  provides  a 
higher  minimum  age,  no  person  below 
the  age  specified  by  such  State  law  shall 
be  employed  within  that  State. 
C— On  and  after  the  effective  date  of 
this  Code,  in  the  EXHIBITION  of  Motion 
Pictures: 

PART  1. — Employees  other  than 
actors 

Section  1. — No  person  under  sixteen  (16) 
years  of  age  shall  be  employed;  provided, 
however,  that  where  a  State  law  provides 
a  higher  minimum  age  no  person  below 
the  age  specified  by  such  State  law  shall 
be  employed  in  that  State. 

Section  2.— No  employee,  notwithstanding 
the  provisions  of  Section  6(a)  hereof,  shall 
work  more  than  forty  (40)  hours  in  one 
week,  except  that  such  maximum  hours 
shall  not  apply  to  employees  in  a  mana- 
gerial, executive  or  advisory  capacity  who 
now  receive  thirty-five  dollars  ($35.00)  or 
more  per  week,  or  to  employees  whose 
duties  are  of  general  utilitarian  character, 
or  to  emergencies. 

Section  J.— With  respect  to  employees 
regularly  employed  as  ticket-sellers,  door- 
men, ushers,  cleaners,  matrons,  watchmen, 
attendants,  porters,  and  office  help,  such  em- 
ployees shall  receive  not  less  than  a  twenty 
percent  (20%)  increase  over  the  wage  paid 
to  them  as  of  August  1,  1933,  in  cities  and 
places  having  a  population  of  less  than 
15,000,  provided  that  this  shall  not  require 
a  wage  for  those  employees  in  excess  of 
twenty-five  (25)  cents  per  hour. 


Section  4. — With  respect  to  employees 
regularly  employed  as  ticket  sellers,  door- 
men, cleaners,  matrons,  watchmen,  atten- 
dants, porters,  and  office  help,  such  em- 
ployees shall  receive  not  less  than  thirty 
(30)  cents  per  hour  in  cities  and  places 
having  a  population  of  more  than  15,000 
and  less  than  500,000,  and  not  less  than 
thirty-five  (35)  cents  per  hour  in  cities  and 
towns  having  a  population  of  more  than 
500,000. 

Section  S. — With  respect  to  employees 
regularly  employed  as  ushens,  in  cities  and 
places  having  a  population  over  15,000,  such 
employees  shall  receive  a  wage  of  not  less 
than   twenty-five   (25)   cents  per   hour. 

Section  6. — (a)  Employees  associated  with 
organizations  of  or  performing  the  duties 
of  bill-posters,  carpenters,  electrical  work- 
ers, engineers,  firemen,  motion  picture  ma- 
chine operators,  oilers,  painters,  theatrical 
stage  employees,  theatrical  wardrobe  atten- 
dants, or  other  skilled  mechanics  and  arti- 
sans, who  are  directly  and  regularly  em- 
ployed by  the  Exhibitors,  shall  receive  not 
less  than  the  minimum  wage  and  work  no 
longer  than  the  maximum  number  of  hours 
per  week  which  were  in  force  as  of  August 
23,  1933,  as  the  prevailing  scale  of  wages 
and  maximum  number  of  hours  of  labo'r  by 
organizations  of  any  of  such  employees 
affiliated  with  the  American  Federation  of 
Labor  with  respect  to  their  respective  type 
of  work  in  a  particular  class  of  theatre  or 
theatres  in  a  particular  location  in  a  par- 
ticular community,  and  such  scales  and 
hours  of  labor  with  respect  to  any  of  such 
employees  in  such  community  shall  be 
deemed  to  be,  and  hereby  are  declared  to 
be,  the  minimum  scale  of  wages  and  maxi- 
mum number  of  hours  with  respect  to  all 
of  such  employees  in  such  communities  in 
such   class   of   theatre  or   theatres. 

(b)  In  the  event,  however,  that  there 
exist  in  the  particular  community  organi- 
zations of  such  employees  above  mentioned, 
members  of  which  were  directly  and  regu- 
larly employed  by  the  Exhibitor  or  Exhibi- 
tors on  August  23,  1933,  and  which  organi- 
zations are  affiliated  as  above  set  forth, 
and  (1)  no  prevailing  scale  of  wages  and 
maximum  number  of  hours  for  such  em- 
ployees exist  in  such  community  with  re- 
spect to  such  employees,  or  (2)  any  dispute 
should  arise  as  to  what  is  the  minimum 
scale  of  wages  or  the  maximum  number  of 
hours  of  labor  with  respect  to  any  of  such 
employees  for  a  particular  class  of  theatre 
or  theatres  in  any  particular  community, 
then  and  in  either  of  those  events  such 
disputes  shall  be  determined  as  follows: 

(1)  If  the  question  at  issue  arises  with 
an  organization  of  such  employees  affili- 
ated with  the  American  Federation  of 
Labor,  then  a  representative  appointed  by 
the  National  President  of  such  affiliated 
organization,  together  with  a  representa- 
tive appointed  by  the  Exhibitors,  shall 
examine  into  the  facts  and  determine  the 
existing  minimum  scale  of  wages  and 
maximum  number  of  hours  of  labor  for 
such  class  of  theatre  or  theatre's  in  such 
particular  locality,  and  in  the  event  they 
cannot  agree  upon  the  same,  they  shall 
mutually  designate  an  impartial  third  per- 
son who  shall  be  empowered  to  sit  with 
such  representatives,  review  the  facts  and 
finally  determine  such  dispute,  with  the 
proviso,  however,  that  in  the  e-vent  such 
representatives  cannot  mutually  agree 
upon  such  third  person,  then  the  Adminis- 
trator shall  designate  such  third  person; 
or 

(2)  If  the  question  at  issue  arises  with 
unorganized  employees  or  with  an  organi- 
zation of  such  employees  not  affiliated 
with  the  American  Federation  of  Labor, 
and  if  in  said  community  there  exist 
members  of  such  an  affiliated  organization 
directly  and  regularly  employed  by  an 
Exhibitor  or  Exhibitors,  then  a  repre- 
sentative of  such  unorganized  employees, 
or.  as  the  case  may  be,  a  representative 
appointed  by  the  President  of  such  un- 
affiliated organization  or  both,  together 
with  a  representative  appointed  by  the 
National  President  of  such  affiliated 
organization  above  referred  to,  together 
with  a  representative  appointed  by  the 
Exhibitors,  shall  examine  into  the  facts 
and  unanimously  determine  the  existing 
scale  of  wages  and  maximum  number  of 
hours  of  labor  for  such  class  of  theatre 
or  theatres  in  such  particular  community, 
and  in  the  event  they  cannot  unani- 
mously agree  upon  the  same,  they  shall 
mutually  designate  an  impartial  person 
who  shall  be  empowered  to  sit  with  such 
representatives,  review  the  facts,  and 
finally  determine  such  dispute,  with  the 
proviso,  however,  that  in  the  event  such 
representatives  cannot  mutually  agree 
upon  such  impartial  person,  then  the 
Administrator  shall  designate  such  im- 
partial person ;   or 

(3)  If  the  question  at  issue  arises  with 


Sol  A.  Rosenblatt 


He  wrote  it 


unorganized  employees  or  with  an  organi- 
zation of  such  employees  not  aiifiliated 
with  the  American  Federation  of  Labor 
and  not,  subject  to  the  foregoing  pro- 
visions of  sub-paragraphs  (1)  and  (2)  of 
paragraph  (b)  hereof,  then  a  representa- 
tive of  such  unorganized  employees,  or, 
as  the  case  may  be,  a  representative  of 
the  President  of  such  unatftliated  organi- 
zation or  both  together  with  a  representa- 
tive appointed  by  the  Exhibitors,  shall 
examine  into  the  facts  and  determine  the 
existing  minimum  scale  of  wages  and 
maximum  hours  of  labor,  for  such  class 
of  the'atre  or  theatres  in  such  particular 
locality,  and  in  the  event  they  cannot 
agree  upon  the  same,  they  shall  mutually 
designate  an  impartial  person  who  shall 
be  empowered  to  sit  with  such  repre- 
sentatives, review  the  facts  and  finally 
determine  such  dispute,  with  the  proviso, 
however,  that  in  the  event  such  repre- 
sentatives cannot  mutually  agree  upon 
such  impartial  person,  then  the  Adminis-. 
trator  shall  designate  such  impartial 
person. 

(c)  Pending  the  determination  of  aiiy 
such  dispute,  the  rate  of  wages  then  paid 
by  the  Exhibitor  in  such  theatre  or  theatres 
in  such  community,  and  the  maximum 
number  of  hours  then  in  force  (if  not  more 
than  the  hours  provided  for  in  this  Code) 
shall  not  be  changed  so  as  to  decrease 
wages  or  increase  hours. 

(d)  In  order  to  effectuate  the  foregoing 
provisions  of  this  Section  6  hereof,  and 
pending  the  determination  of  any  dispute 
as  above  specified,  the  employees  herein 
embraced  and  provided  for  agree  that  they 
shall  not  strike,  and  the  Exhibitors  agree 
that  they  shall  not  lock  out  such  employees. 

Section  7.— In  no  event  shall  the  duties 
of  any  of  the  employees  hereinabove  speci- 
fied in  Section  6(a)  directly  and  regularly 
employed  by  the  Exhibitors  as  of  August 
23,  1933,  be  increased  so  as  to  decrease  the 
number  of  such  employees  employed  in  any 
theatre  or  theatres  in  any  community, 
except  by   mutual  consent. 

Section  8.— With  respect  to  any  employee 
not  hereinbefore  provided  for,  such  em- 
ployee when  directly  and  regularly  em- 
ployed by  the  Exhibitors  shall  be  paid  not 
less   than  forty   (40)  cents  per  hour. 

Section  9. — By  reason  of  the  professional 
character  of  their  employment,  the  mini- 
mum wage  and  maximum  hours  of  employ- 
ment of  employees  performing  the  duties 
of  musicians  shall  as  heretofore  be  estab- 
lished by  prevailing  labor'  agreements, 
understandings,   or   practices. 

Section  10. — ^With  respect  to  disputes 
arising  between  employees  and  employers 
in  the  EXHIBITION  branch  of  the  Motion 
Picture  Industry,  the  parties  pledge  them- 
selves to  attempt  to  arbitrate  all  such 
di.sputes. 

Section  11. — The  Administrator  after  siich 
notice  and  hearing  as  he  shall  prescribe 
may  revise  or  modify  any  determination  of 
any  dispute  pursuant  to  Section  6  of 
PART   1   of   division   C  of  this  Article  IV. 


PART  2. —  Actor  employees 
in  vaudeville  and  presentation 
motion  picture  theatres. 

Section  1.— DEFINITIONS. 

(a)— Presentation  and  vaudeville  shall  in- 
clude both  permanent  and  traveling  conj- 
panies  of  artists  playing  presentation  and 
vaudeville  houses,  but  is  not  intended  to 
include:  amateur  shows,  "rep"  shows, 
''tab"  shows,  "tent"  shows,  "wagon"  shows, 
"truck"  shows,  "medicine"  shows,  "show- 
boat" or  "burlesque,"  as  these  terms  are 
understood  in  the  theatre. 

(b) — A  "traveling"  company,  as  used  in 
this  Code,  means  a  company  which  moves 
from  theatre  to  theatre  irrespective  of 
locality. 

Section  2.— AUDITIONS.  , 

(a)— Principles.       It     shall    be    an     unfair      jl 
trade   practice    for   any   Exhibitor  or   inde-      I 
pendent  contractor  under  the  guise  of  pub- 
lic  audition    to   break-in,    try-out   or   to   re- 
quire   a    performer    to    render    service    for 
less    than   the   minimum    salary   established 
by     this    Code.      This    shall    not    prohibit, 
however,  the  appearance  or  participation  of 
any     performer     in     benefit     performances      '! 
which  have  been  approved  by  the  performer     Ij 
or    by    any    bona    fide    organization    of    the     ') 
performer's   own   choosing. 

(b)— Chorus.     It  shall  be  an  unfair  trade 
practice    for    any    manager    or    independent 
contractor,    under    the    guise    of    a    public      ij 
audition,    break-in,    or    try-out,    to    require     j 
the  chorus  to  render  services  for  less  than      I 
the    minimum    salary    established    by    this 
Code.      This    shall    not    prohibit,    however, 
the  appearance  of  the  chorus  or  participa- 
tion   in    benefit    performances    which    have 
been  approved  by   the  chorus  or  any  bona 
fide  organization  of  the  chorus'  own  choos- 
ing, .j 

Section  3.— REHEARSALS.  'I 

(a) — Principals.  Rehearsal  period  for 
principals  shall  be  limited  to  four  weeks, 
and  they  shall  be  guaranteed  two  con- 
secutive weeks'  compensation  for  employ- 
ment for  said  four  weeks  of  rehearsals, 
which  shall  immediately  follow  the  re- 
hearsal period.  In  the  event  that  any 
rehearsal  over  four  weeks  is  required  there 
shall  be  compensation  for  an  additional 
consecutive  week's  playing  time  guaran- 
teed for  each  week's  rehearsal.  This  shall 
not  apply,  however,  to  principals,  owning 
their    own    acts. 

(b) — Chorus.  No  Exhibitor  or  independent 
contractor  shall  require  for  an  engagement 
of  only  one  week  ^y  chorus  person  to 
rehearse  in  excess  of  five  (5)  days,  nor 
for  an  engagement  of  two  or  more  weeks 
to  rehearse  in  excess  of  two  (2)  weeks. 
Any  such  engagement  shall  follow  im- 
mediately such  respective  rehearsal  periods. 
The  Chorus  shall  not  be  required  to  re- 
hearse for  more  than  forty  (40)  hours  a 
week  and  rehearsal  shall  be  considered  to 
be  continuous  from  the  time  the  chorus  is 
called  on  the  first  day  of  rehearsal  until 
the  opening  day.  For  each  additional  week 
of  rehearsal  there  shall  be  compensation 
for  an  additional  week's  consecutive  em- 
ployment. 

Section  4.— MAXIMUM  HOURS  AND 
MINIMUM  WAGES. 

(a) — Principals.  Owing  to  the  peculiar 
nature  of  the  stage  presentation  and  vaude- 
ville business  and  the  unique  conditions 
prevailing  therein,  the  necessary  policy  and 
variations  in  the  operation  of  such  theatres, 
the  changing  nature  of  the  entertainment 
and  the  fact  that  such  entertainment  is  of 
a  character  requiring  the  services  of  artists 
of  unique  and  distinctive  ability  who  can- 
not be  replaced,  it  is  recognized  that  it 
is  impossible  to  fix  the  maximum  hours 
per  week  of  artists  appearing  in  such 
theatres. 

(1) — For  performers  with  more  than 
two  years'  theatrical  experience,  there 
shall  be  a  minimum  wage  of  forty  ($40) 
dollars  weekly  net. 

(2)— For  performers  with  less  than  two 
years'  theatrical  experience,  there  shall 
be  a  minimum  wage  of  twenty -five  ($25) 
dollars  weekly  net. 

(3) — The  minimum  wage  of  performers 
employed  on  a  perdiem  basis  shall  be 
seven  dollars  and  fifty  cents  ($7.50)  per 
day  net. 

(b)— Chorus.  No  singing  or  dancing 
chonw  person  shall  be  required  to  work 
more  than  forty  (40)  hours  in  any  week 
and  there  shall  be  one  day  out  of  every 
seven  during  which  the  chorus  shall  be 
released  from  work  with  pay.  Working 
time  shall  include  the  entire  time  of  a 
performance  or  presentation  in  which  the 
chorus  appears  in  one  or  more  numbers 
as  an  integral  part  of  the  presentation,  and 
all  rehearsal  time  excluding  dressing  and 
(Continued  on  page  17) 


Friday,  December   I,   1933 


MOTION  PICTURE 

DAILY 


Disputed  Agent,  Star  Clauses 


(Continued  from  page  16) 
undressing   time.      No   chorus   person    shall 
be   required   to   report   at   a    theatre   before 
nine  o'clock   in   the  morning. 

On  the  day  a  chorus  person  is  released 
with  pay,  such  chorus  person  shall  not 
be  required  to  rehearse  or  report  to  the 
theatre  or  perform  any  service.  This  pro- 
vision foe  a  free  day  shall  not  apply  to 
traveling   companies. 

(1) — There  shall  be  a  minimum  wage 
of  thirty  ($30)  dollars  per  week  in  any 
De   Luxe   Theatre. 

(2) — There  shall  be  a  minimum  wage 
of  thirty- five  ($35)  dollars  per  week  in 
traveling    companies. 

(3) — Tliere  shall  be  a  minimum  wage 
of  twenty-five  ($25)  dollars  per  week  in 
other   than  De   Luxe   Theatres. 

(4) — Wherever  a  theatre  augments  the 
chorus  by  employing  additional  chorus 
persons  such  additional  chorus  persons 
shall  rehearse  more  than  five  (5)  days. 
(5) — It  shall  be  an  unfair  trade  practice 
for  any  Exhibitor  or  independent  con- 
tractor to  engage  any  chorus  person  un- 
der any  agreements  which  would  reduce 
the  net  salary  below  the  minimum  wage 
through  the  payment  of  any  fee  or  com- 
mission to  any  agency  (whether  such 
fee  is  paid  by  the  Exhibitor  or  inde- 
pendent contractor  or  by  the  chorus), 
or  by   any   other  form   of  deduction. 

(6)— After  the  first  two  weeks  of  con- 
secutive employment,  if  a  lay-ofl  is  neces- 
sary, the  Exhibitor  or  independent  con- 
tractor shall  pay  each  chorus  person  not 
less  than  three  ($3)  dollars  per  day  for 
each  day  of  lay-off.  In  connection  with 
a  traveling  unit  after  the  first  two 
weeks  of  consecutive  employment,  if  lay- 
off is  caused  on  account  of  traveling,  the 
Exhibitor  or  independent  contractor  shall 
be  allowed  two  days  traveling  without 
pay  for  each  four  weeks  of  employment 
West  of  the  Rockies,  and  one  day's 
traveling  without  pay  for  each  four  weeks 
of  employment  East  of  the  Rockies. 

(7)— Wherever  on   August  23,   1933,  any 
theatre  paid  a  rate  to  chorus  persons  in 
excess    of    the    minimum    wages    or    em- 
ployed   chorus    persons    for   a    number   of 
hours    per    week    of    labor    less    than   the 
maximum    hours,    said   higher    wage    and 
lesser  number   of   hours   shall   be  deemed 
to    be,    and    are    hereby    declared    to    be, 
the   minimum    scale   of   wages   and   maxi- 
mum hours  of  labor  with  respect  to  such 
theatres    in   this    section   of   the   Code. 
Section  S.— GENERAL  PROVISIONS 
(a) — If    in    any    city    or    place    where    by 
custom     Sunday     performances     by     living 
actors,    or    the    performance    of    particular 
classes    of    acts,    are    not    given,    no    per- 
former  or   chorus   person  engaged   to  work 
in   such  city   or   place   shall   be   required   to 
perform  or  give  performances  of  such  par- 
ticular class  of  act  in   such  city  or  in  any 
other    place    on    the    Sunday    of    the    week 
for    which    such    performer   or    chorus   per- 
son   was    engaged     to    render    services    in 
such    city    or    place. 

(b)— Wherever  any  unit,  traveling  com- 
pany or  artist  is  required  to  give  more 
than  the  regular  number  of  performances 
established  in  the  theatres  in  which  they 
appear,  said  unit,  traveling  company  or 
artist,  all  artists  and  chorus  persons  shall 
be  paid  for  said  extra  performances  pro 
rata. 

Section  6.— CHORUS  TRANSPORTA- 
TION. 

(a) — Transportation  of  the  chorus  when 
required  to  travel,  including  transportation 
from  point  of  organization  and  back,  in- 
cluding sleepers,  shall  be  paid  by  the  em- 
ployer whether  Exhibitor  or  independent 
contractor. 

(b) — If  individual  notice  of  contract  ter- 
mination is  given,  the  chorus  shall  only 
be  paid  in  cash  the  amount  of  the  cost 
of  transportation  and  sleeper  of  the  chorus 
and  baggage  back  to  the  point  of  origin 
whether  the  chorus  returns  immediately  or 
not. 
Section  7.— WARDROBE. 
(a) — Principals.  The  Exhibitor  or  inde- 
pendent contractor  shall  furnish  to  every 
artist  in  a  presentation  unit  or  traveUng 
company  (not  including  what  is  commonly 
known  as  a  vaudeville  act)  and  receiving 
less  than  fifty  ($50)  dollars  per  week,  with- 
out charge,  all  hats,  costumes,  wigs,  shoes, 
tights  and  stockings  and  other  necessary 
stage  wardrobe  excepting  street  clothes. 

(b)— Chorus.  The  Exhibitor  or  independ- 
ent contractor  shall  furnish  the  chorus, 
without  charge,  with  all  hats,  costumes, 
wigs,  shoes,  tights,  and  stockings  and  other 
necessary  stage  wardrobe. 
Section  8.— ARBITRATION. 
(a)— Arbitration  of  all  disputes  under  this 
section   of   this   Article   of   the   Code    shall 


be  in  accordance  with  the  arbitration  pro- 
visions of  this  Ci)de  as  hereafter  generally 
provided. 

SecUon  9.— CHILD   LABOR. 

(a) — On  or  after  the  effective  date  of 
this  Code,  no  person  under  sixteen  (16) 
years  of  age  shall  be  employed  as  a  prin- 
cipal or  chorus  person  in  connection  with 
the  exhibition  of  motion  pictures,  provided, 
however,  where  a  State  law  provides  a 
higher  minimum  age,  no  person  under  the 
age  specified  by  said  State  law  shall  be 
employed  in  that  State,  and  provided  fur- 
ther, however,  where  a  role  or  roles  are 
to  be  filled  or  appearances  made  by  a 
child  or  children,  an  Ejchibitor  or  inde- 
pendent contractor  may  utilize  the  services 
of  such  child  or  children  upon  his  compli- 
ance with  the  provisions  of  State  laws  ap- 
pertaining  thereto. 

Section  10.  The  Code  Authority  may  re- 
ceive complaints  with  respect  to  alleged 
violations  by  an  independent  contractor  of 
any  of  the  foregoing  Sections  of  this  PART 
2  and  may  after  notice  and  hearing  and 
with  the  approval  of  the  Administrator 
prescribe  rules  and  regulations  governing 
the  relations  between  Exhibitors  and  in- 
dependent contractors  guilty  of  any  such 
violations. 

ARTICLE  V 
Unfair  Practices 
A. — General. 

Part  1. — The  defamation  of  competitors 
by  falsely  imputing  to  them  dishonorable 
conduct,  inability  to  perform  contracts, 
questionable  credit  standing,  or  by  other 
false  representations  or  by  the  false  dis- 
paragement of  the  grade  or  quality  of  their 
motion  pictures  or  theatres,  shall  be  deemed 
to  be  an  unfair  trade  practice. 

Pau-t  Z.^The  publishing  or  circularizing 
of  threats  or  suits  or  any  other  legal  pro- 
ceedings not  in  good  faith,  with  the  ten- 
dency or  effect  of  harassing  competitors 
or  intimidating  their  customers,  shall  be 
deemed  to  be  an  unfair  trade  practice. 

Part  3. — Securing  confidential  information 
concerning  the  business  of  a  competitor  by 
a  false  or  misleading  statement  or  repre- 
sentation, by  a  false  impersonation  of  one 
in  authority,  by  bribery,  or  by  any  other 
unfair  method,  shall  be  deemed  to  be  an 
unfair    trade   practice. 

Part  4. — To  avoid  the  payment  of  sums 
unreasonably  in  excess  of  the  fair  value  of 
personal  services  which  results  in  unfair 
and  destructive  competition,  the  Code 
Authority  shall  have  power  with  the  ap- 
proval of  the  Administrator  to  investigate 
whether  in  any  case  any  employer  in  the 
motion  picture  industry  has  agreed  to  pay 
an  unreasonably  excessive  inducement  to 
any  person  to  enter  into  the  employ  of  such 
employer.  If  the  Code  Authority  finds  that 
such  employer  has  done  so,  the-  Code 
Authority  shall  have  the  power^  with  the 
approval  of  the  Administrator,  to  impose 
an  assessment  against  such  employer  in 
the  amount  of  the  unreasonable  excess  pay- 
ment to  such  peison,  not,  however,  to 
exceed  the  sum  of  Ten  Thousand  Dollars 
($10,000.00),  and  to  make  public  its  findings, 
but  nothing  in  this  PART  shall  in  any 
manner  impair  the  validity  or  enforceability 
of  such  agreement  of  employment.  All  such 
assessments  shall  be  paid  to  the  Code 
Authority  for  use  by  it  in  the  Administra- 
tion of  its  functions. 

B. — Producers. 

Part  1. — It  shall  be  an  unfair  trade  prac- 
tice for  any  Producer  to  aid,  abet,  or  assist 
in  the  voluntary  release  or  dismissal  of  any 
author,  dramatist  or  actor  employed  in 
rendering  his  exclusive  services  in  connec- 
tion with  the  production  of  a  "legitimate" 
drama  or  musical  comedy  for  the  purposes 
of  securing  the  services  of  such  author, 
dramatist  or  actor. 

Part  2. — It  shall  be  an  unfair  trade  prac- 
tice for  a  number  of  Producers  who,  in  the 
usual  and  ordinary  course  of  business,  rent 
their  respective  studios  or  studio  facilities 
to  Producers  (other  than  their  afifiliated 
companies),  to  conspire,  agree,  or  take 
joint  action  to  prevent  any  responsible  Pro- 
ducer or  Producers  from  renting  such 
studios   or   studio   facilities. 

Part  3. — It  shall  be  an  unfair  trade  prac- 
tice for  a  Producer  to  knowingly  employ  as 
an  "extra"  any  member  of  the  immediate 
family  of  any  employee  or  any  person  who 
is  not  obliged  to  depend  upon  "extra"  work 
as  a  means  of  livelihood,  unless  the  exigen- 
cies of  production  require  an  exception  to 
be  made. 

Part  4.— SecUon  1. 

No  Producer,  directly  or  indirectly,  shall 
transact  any  business  relating  to  the  pro- 
duction of  motion  pictures  with  any  agent 
who    under    the    procedure    hereinafter    set 


forth   shall  be  found  by   the  Agency   Com- 
mittee: 

(a) — to  have  given,  offered  or  promised 
to  any  employee  of  any  Producer  any 
gift  or  gratuity  to  influence  the  action 
of  such  employee  in  relation  to  the  busi- 
ness  of   such   Producer; 

(b)— to  have  alienated  or  enticed,  or  to 
have  attempted  to  alienate  or  entice,  anj 
employee  under  written  contract  of  em- 
ployment, from  such  employment,  or  to 
have  induced  or  advised  without  justifi- 
cation any  employee  to  do  any  act  or 
thing  in  conflict  with  such  employee's 
obligation  to  perform  in  good  faith  any 
contract  of  employrrient,  whether  oral  or 
written; 

(c) — knowingly  to  have  made  any  ma- 
aterially  false  representation  to  any 
Producer  in  negotiations  with  such  Pro- 
ducer for  or  affecting  the  employment  or 
contemplated  employment  of  any  person 
represented    by    such    agent; 

(d) — to  have  violated  or  evaded  or  to 
have  attempted  to  violate  or  evade, 
directly  or  indirectly,  any  of  the  pro- 
visions of  PARTS  4  or  5  of  this 
ARTICLE  V; 

(e) — to  have  failed  or  refused  to  have 
registered  as  an  agent,  in  the  event  that 
such  registration  is  required  as  provided 
tor  in  Section  3  of  this  PART,  or  to  have 
transacted  business  as  an  agent  after  his 
registration  shall  have  been  revoked,  can- 
celled,  or   suspended. 

Section  2.— The  Agency  Committee  shall 
consist  of  ten  (10)  members,  five.  (5)  of 
whom  shall  be  Producers  or  Producers' 
representatives  named  by  the  Clode  Author- 
ity, and  the  other  five  (5)  shall  consist  of 
one  agent,  one  actor,  one  writer,  one  direc- 
tor and  one  technician,  who  shall  be  selected 
by  the  Administrator  from  nominations  as 
to  each  class  named  respectively  by  agents, 
actors,  writers,  directors  and  te'chnicians, 
in  such  equitable  manner  as  may  be  pie- 
scribed  by   the  Administrator. 

Section  3. — In  order  to  effectuate  this 
PART,  the  Agency  Committee  may  recom- 
mend to  the  Administrator  uniform  terms 
and  conditions  for  and  an  appropriate  pro- 
cedure for  the  registration  of  all  agents 
with  whom  Producers  may  transact  busi- 
ness relating  to  the  production  of  motion 
pictures,  and  for  the  suspension,  revocation, 
or  cancellation  of  any  such  registration  and 
appropriate  rules  and  regulations  affecting 
the  agents  as  provided  for  herein.  Such 
recommendations  of  the  Agency  Committee, 
together  with  the  recommendations  of  the 
individual  members  thereof,  shall  be  sub- 
mitted in  writing  to  the  Administrator,  who 
after  such  notice  and  hearing  as  he  may 
prescribe,  may  approve  or  modify  such 
recommendations.  Upon  approval  by  the 
Administrator,  such  recommendations  shall 
have  full  force  and  effect  as  provisions  of 
this  Code.  No  agent  shall  be  deprived  of 
the  right  of  registration  without  affording 
such  agent  a  full  and  fair  opportunity  to 
be  heard,  and  without  the  approval  of  the 
Administrator.  Should  it  at  any  time  be 
determined  to  provide  for  the  registration 
of  agents  as  hereinabove  set  forth,  then 
all  persons  regularly  transacting  business 
as  agents  at  such  time  shall  be  entitled  to 
registration  as  a  matter  of  course,  provided 
application  is  made  to  the  Agency  Commit- 
tee within  thirty   (30)   days  thereafter. 

Section  4. — The  Agency  Committee  may, 
after  due  ootice  and  hearing,  and  with  the 
approval  of  the  Administrator,  set  up  rules 
of  fair  practice  governing  relations  between 
producers  and  agents,  writers,  actors,  direc- 
tors and   technicians. 

Section  S. — The  Agency  Committee  shall 
make  findings  of  fact  concerning  any  mat- 
ter coming  before  it  pursuant  to  the  pro- 
visions of  this  part  and  shall  make  such 
recommendations  to  the  Administrator  as 
to  it  may  deem  proper  if  the  Committee 
is  unanimous,  otherwise  separate  recom- 
mendations may  be  submitted  together 
with  a  report  that  the  Committee  has  disa- 
greed. No  hearing  or  proceeding  shall  be 
conducted  without  due  notice  and  a  full 
and  fair  opportunity  to  all  interested  par- 
ties to  appear  and  be  heard.  A  complete 
transcript  of  all  testimony  and  arguments 
shall  be  made  and  certified  to  the  Adminis- 
trator, together  with  the  recommendations 
of  the  members  of  the  Committee.  The 
Administrator  shall  approve,  reject  or 
modify  such  recommendations  or  any  of 
them  and  may  conduct  such  further  investi- 
gations and  hearings  as  to  him  may  seem 
necessary  or  advisable.  The  order  of  the 
Administrator    shall    be    final. 

Section  6. — The  Agency  Committee,  sub- 
ject to  the  approval  of  the  Administrator, 
shall  have  authority  to  require-  all  Pro- 
ducers to  furnish  such  information  as  may 
be  desired  to  effectuate  the  provisions  of 
this   PART. 

Section  T.^The  Agency  Committee  shall 
have  full  power  and  authority  to  prescribe 


reasonable  rules  of  procedure  for  deter- 
mining all  matters  of  dispute  or  contro- 
versy which  may  properly  arise  before  such 
Committee   in   connection   with    this   PAR'T. 

Section  8. — The  term  "agent"  as  used 
herein  shall  apply  to  any  person  (including 
firms,  corporations  or  associations),  who, 
directly  or  indirectly,  for  a  fee  or  other 
valuable  consideration,  procures,  promises 
or  undertakes  to  procure  employment  for 
any  person  for  or  in  connection  with  the 
production   of   motion   pictures. 

Section  9.— The  provisions  of  ARTICLE 
II,  Section  7,  of  this  Code  shall  not  super- 
sede the  operation  of  this  PART  4  and 
the  following  PART  4   (A). 

Section  10.— It  shall  be  an  unfair  trade 
practice  for  any  Producer,  or  any  employee 
of  a  Producer,  directly  or  indirectlj,  to  en- 
gage in,  carry  on,  or  in  any  way  be  fi- 
nancially interested  in  or  connected  with 
the  business  of  an  agent  as  herein  defined, 
without  making  known  such  fact  to  the 
Agency  Committee  within  twenty  (20)  daj^s 
from  the  effective  date,  or  if  such  interest 
is  acquired  subsequent  to  the  effective  date, 
then  within  ten  (10)  days  after  the  acquisi- 
tion of  such  interest.  The  Agency  Com- 
mittee shall  require  such  public  disclosure 
to  be  made  of  such  interest  as  it  may  deem 
advisable;  and  the  Agency  Committee  may 
make  such  further  rules  in  connection  with 
the  subject  matter  of  this  Section  as  it 
sees  fit,  subject  to  the  approval  of  the 
Administrator. 

PART  4(A).— Should  the  Administrator 
determine  at  any  time  upon  a  fair  show- 
ing, after  notice,  that  a  set  of  fair  prac- 
tices should  be  adopted  governing  relations 
between  Producers  and  any  one  of  the 
following  classes:  writers,  directors,  tech- 
nicians, actors  and  agents,  a  special  com- 
mittee shall  be  appointed  for  that  pur- 
pose. The  Producers  and  the  class  in- 
terested in  such  fair  practices  in  each  in- 
stance shall  be  entitled  to  equal  repre- 
sentation  on   such   committee. 

The  Committee  members  shall  be  ap- 
pointed in  the  manner,  and  its  proceedings 
and  those  of  the  Administrator  shall  be 
the  same,  as  above  provided  in  the  case 
of  the  Agency   Committee. 

At  the  same  time  that  the  findings  or 
report  of  the  Committee  shall  be  sent  to 
the  Administrator,  the  same  shall  be  made 
public  in  such  manner  as  may  be  deter- 
mined  by   the   Administrator. 

PART  5.-nSection  1.— No  Producer,  di- 
rectly or  indirectly,  secretly  or  otherwise 
shall 

(a) — Entice  or  alienate  from  his  em- 
ployment any  employee  of  any  other  Pro- 
ducer or  induce  or  advise  any  such  em- 
ployee to  do  anything  in  conflict  or  in- 
consistent with  such  employee's  obliga- 
tion to  perform  in  good  faith  any  con- 
tract of  employment. 

(b) — Foment  dissension,  discord  or  strife 
between  any  employee  of  any  other  Pro- 
ducer and  his  employer  with  the  effect 
of  securing  the  employee's  release  from 
employment  or  a  change  in  the  terms 
of  any  contract  under  which  the  em- 
ployee is  engaged  or  of  causing  the  em- 
ployee to  be  or  become  dissatisfied  with 
his   subsisting  contract. 

(c) — ^In  any  manner  whatsoever  negoti- 
ate with  or  make  any  offer  for  or  to 
any  employee  under  written  contract  to 
any  other  Producer  prior  to  the  last 
thirty  (30)  days  of  the  term  of  the  con- 
tract of  employment,  regardless  of  the 
compensation. 

Section  2.— All  production  employees 
rendering  services  of  an  artistic,  creative, 
technical  or  executive  nature,  for  the  pur- 
pose of  this  PART,  shall  be  classified  as 
follows: 

(a) — Employees  not  under  written  con- 
tract who  are  employed  at  not  less  than 
$250.00  per  week  or  $2,500.00  per  picture, 
(b) — Employees  under  written  contractj 
for  a  period,  inclusive  of  options,  if  any, 
of  less  than  one  year,  whose  compensa- 
tion is  not  less  than  $250.00  per  week 
or  $2,500.00  per  picture. 

(c) — Employees    under   written   contract 
for    the   period   of   at    least   one    year,   or 
at   least    three   pictures,    inclusive   of   op- 
tions, if  any,   whose  compensation   is  not 
less    than   $250.00   per   week    (exclusive  of 
lay-off  periods)  or  $2,500.00  per  picture. 
The    term    "contract"    as   used    in    subdi- 
visions   (b)    and    (c)    shall    be    deemed    to 
mean   and   include   not   only   any   subsisting 
contract   with   any   Producer,   but  also   any 
prior  contract  with  such  Producer  or  with 
any   parent,   subsidiary   or  predecessor  cor- 
poration   of    such    Producer,    provided    that 
the    employment    thereunder    has    been    or 
may  be  continuous. 

(d) — Nothing  hereinbefore  in  subdivision 
(Continued  on  page  18) 


18 


MOTION  PICTURE 

DAILY 


Friday,  December  I,   1933 


Distribution  Practices  Set  Up 


{Continued  frovi  page   17) 
(c)    of    Section    1    or    in    subdivision    (a), 
(b)    and    (c)    of    this    Section    contained 
shall  apply  to  so-called  "free  lance"  play- 
ers,  writers,  directors  or  other  employees 
who    are    engaged    to    render    services    of 
an  artistic  nature  in  connection  with  one 
or    two   pictures    only,    unless    the   actual 
period    of   employment   of    any    such   em- 
ployee   is    intended    to    or    shall    cover    a 
minimum   period   of  one   year. 
Section    3- — Should    any     Producer    make 
any  offer  for  the  services  of  any  employee 
of  any  other  Producer,  and  such  employee 
it    classified   within   either   subdivision    (a), 
(b),  (c)  or  (d)  of  Section  2,  and  registered 
as   hereinafter   in   Section   6  provided,   then 
on   the   same   day   such  offer   is   made,   the 
Producer    making    such    offer    shall    notify 
the    employing    Producer    in    writing    that 
iuch  offer  has   been   made,   and   shall  state 
the  full  and  complete  terms  and  conditions 
thereof,     including     particularly     the     com- 
pensation,   the   proposed   period   of  employ- 
ment,   and    any    additional    special    terms. 
Simultaneously,   a  copy   of   said  notice  shall 
be    dehvered    to    the    Registrar    hereinafter 
provided     for.       The     employing     Producer 
thereupon    shall    be    afforded    a    reasonable 
opportunity,   not  exceeding   three   (3)    days, 
to  be  determined  by  the  Registrar  as  here- 
inafter in  Section  6  provided,  within  which 
time    to    negotiate    for    and    contract    with 
such    employee    for    his   continued   services, 
on  such  terms  as  may  be  mutually  accept- 
able,   but    the   employee   in    every    instance 
shall   have   the   full  and  independent  choice 
as    to    which    offer    he    will    accept.      Any 
offer  made  by   any   Producer  and   reported 
to  the  employing  Producer   shall  be  condi- 
tional upon  the  right  of  the  employing  Pro- 
ducer as  hereinabove  provided,  and  shall  be 
a    firm    offer   not    to   expire   until   at   least 
twenty-four  (24)  hours  after  the  period  per- 
mitted   the   employing   Producer   to  negoti- 
ate as  herein  provided  for. 

The  notice  hereinabove  provided  for  need 
be  given,  however,  with  reference  to  em- 
ployees classified  in  subdivisions  (b)  and 
(c)  of  Section  2,  only  upon  the  condition 
that  prior  to  the  last  thirty  (30)  day  period 
of  employment  the  employing  Producer  shall 
have  made  an  offer  in  good  faith  to  such 
employee  for  a  renewal  or  extension  of 
his  contract  of  employment  and  shall  have 
communicated  that  fact  to  the  Registrar. 

Section  4. — Should  any  Producer  desire  to 
continue,  renew  or  extend  the  period  of 
employment  of  any  employee  classified 
within  subdivision  (c)  of  Section  2  hereof, 
and  if  he  shall  have  evidenced  such  de- 
sire by  making  an  offer  in  good  faith  to 
such  employee  prior  to  the  last  thirty 
(30)  day  period  of  his  employment  and 
such  offer  be  rejected,  and  provided  the 
compensation  of  such  employee  paid  by  the 
employing  Producer  was  at  least  $500.00 
per  week  or  $5,000.00  per  picture,  such  Pro- 
ducer nevertheless  shall  be  entitled  to 
notice  of  offers  which  may  be  made  to 
such  employee  by  other  Producers,  during 
the  period  hereinafter  provided,  following 
the  termination  of  such  employment.  Should 
any  other  Producer  make  any  offer  for 
the  services  of  any  such  employee  within 
such  period,  then  on  the  same  day  that 
such  offer  is  made  such  Producer  shall 
notify  the  former  employing  Producer  and 
the  Registrar  in  like  manner  as  is  pro- 
vided for  in  Section  3.  The  same  pro- 
cedure, rules  and  conditions  shall  govern 
with  reference  to  offers  made  under  this 
Section  as  are  provided  for  in  Section  3, 
to   the  end  that: 

(a) — the  former  employing  Producer 
shall  be  entitled  to  a  reasonable  period 
not  exceeding  three  (3)  days  within  which 
to  negotiate  and  contract  for  the  serv- 
ices  of   the   employee   in   question; 

(b)— the  offer  of  the  second  Producer 
shall  continue  as  a  firm  offer  for  twen- 
ty-four (24;  hours  beyond  the  period  re- 
ferred to  in  subdivision  (a) ;  and 

(c)— the  employee  at  all  times  shall 
have  a  free  and  independent  choice  as  to 
which  offer  he  will  accept. 
The  period  during  which  the  first  em- 
ploying Producer  shall  be  entitled  to  no- 
tice of  offers  made  by  other  Producers, 
as  hereinabove  provide  for,  shall  be  three 
(3)  months  from  the  date  of  termination 
of  the  first  eniployment  in  all  cases  where 
the  compensation  for  the  employee  in  con- 
nection with  the  former  employment  was 
at  the  rate  of  less  than  $1,000  per  week 
(exclusive  of  lay-off  periods),  or  if  the 
employee  was  employed  on  a  picture  basis, 
less  than  $10,000  per  picture.  In  all  other 
cases  where  the  compensation  was  equal 
to  or  in  excess  of  the  above  amounts,  the 
period   shall  be   six   (6)   months. 

Section  5. — No  Producer,  Distributor  or 
Exhibitor  shall  violate  or  aid  or  abet  in 
the  violation  of  this  PART.  It  shall  be 
an  nnfair  trade  practice  for  any   Producer 


to    use    coercion     to    prevent     offers    being 
made   any    employee   by   other   Producers. 

Section  6.— The  Code  Authority  shall  ap- 
point a  standing  committee,  which  shall 
have  full  power  and  authority  to  determine 
the  good  faith  of  any  offer  made  by  the 
employing  Producer,  so  as  to  entitle  such 
Producer  to  notice  of  subsequent  offers,  as 
hereinabove  provided  for,  and  to  determine 
whether  the  period  within  which  such  no- 
tice must  be  given  should  be  for  three  (3) 
months  or  six  (6)  months.  The  Registrar 
shall  be  appointed  and  removed  by  said 
standing  committee  at  will,  and  any  act 
or  decision  of  the  Registrar  shall  be  sub- 
ject to  review,  reversal  or  modification  by 
said  committee  or  by  the  Code  Authority 
on  its  own  motion  or  on  application  of  any 
interested    party. 

The  Registrar  shall  provide  an  appro- 
priate method  whereby  all  Producers  may 
ascertain  m  each  instance  when,  and  the 
period  during  which,  notices  ot  offers  are 
to  be  transmitted  to  the  employing  or  for- 
mer employing  Producer.  bald  Registrar 
shall  also  prescribe  the  procedure  so  as  to 
prevent  any  employing  or  any  former  em- 
ploying Producer  from  any  unreasonable  de- 
lay or  from  withholding  any  action  or 
decision  permitted  under  the  provisions 
htTeof,  to  the  end  that  the  immediate  em- 
ployment of  any  persons  with  whom  any 
other  Producer  desires  to  contract  shall 
not  be  unreasonably  delayed  or  prevented, 
in  such  connection  the  Registrar  shall  have 
power  in  any  instance  to  designate  a  rea- 
sonable period,  in  no  ewent  to  exceed  three 
(3;  days,  within  which  the  second  Producer 
shall  be  precluded  from  executing  any  pro- 
posed contract  with  the  employee  or  for- 
mer employee  of  the  first  employing  or 
former   employing   Producer. 

Notwithstanding  anything  contained  in 
this  PART  to  the  contrary,  the  provisions 
of  this  PART  shall  apply  only  to  employees 
whose  names  are  registered  with  the  Reg- 
istrar by  the  employing  Producer,  and  the 
right  of  registration  or  continued  registra- 
tion may  be  determined  in  any  instance 
by  the  standing  committee  eithtT  upon 
its  own  motion  or  on  application  of  any 
person  interested,  including  the  employee 
affected.  In  the  event  of  the  termination 
for  any  reason  whatsoever  of  the  employ- 
ment of  any  person  whose  name  is  regis- 
tered, the  former  employing  Producer  shall 
notify  the  Registrar  in  writing  forthwith 
of  such  termination.  Any  Producer  may 
withdraw  from  registration  the  name  of  any 
employee  or  by  written  notice  served  on 
the  Registrar  may  waive  the  right  to  be 
notified  of  offers  made  to  any  employee 
by  any  other  Producer,  but  he  shall  not 
refrain  from  registering  the  name  of  any 
employee,  withdraw  any  name  so  regis- 
tered or  waive  any  such  right  to  notice 
by  virtue  of  any  agreement  to  that  effect 
with  the  employee.  The  Registrar  shall 
provide  an  appropriate  method  for  notify- 
ing all  Producers  promptly  of  all  regis- 
trations, withdrawal  of  registrations,  ter- 
minations  of   employment   and   waivers. 

Section  7.— If  the  Code  Authority,  or  any 
committee  appointed  by  it  for  that  purpose, 
after  notice  and  hearing  shall  find  that 
any  employee  of  any  Producer  has  refused 
without  just  cause  to  render  services  under 
any  contract  of  employment,  the  Code  Au- 
thority shall  have  full  power  and  author- 
ity, with  the  approval  of  the  Administra- 
tor, to  order  all  Producers  to  refrain 
from  employing  any  such  person  in  connec- 
tion with  the  business  of  producing  motion 
pictures  for  such  period  of  time  as  may  be 
designated  by  the  Code  Authority,  and  it 
shall  be  an  unfair  trade  practice  for  any 
Producer  to  employ  such  person  in  viola- 
tiorv  of  such  order,  or  for  any  Distributor 
or  Exhibitor,  respectively,  to  distribute  or 
exhibit  any  picture  produced  during  the 
period  prescribed  by  the  Code  Authority 
by  or  with  the  aid  of  such  person.  Such 
hearing  shall  be  conducted  only  upon  due 
notice.  A  full  and  fair  opportunity  shall 
be  afforded  to  all  interested  parties  to 
appear.  A  complete  transcript  of  all  tes- 
timony and  arguments,  together  with  the 
findings  and  order  of  the  Code  Authority 
shall  be  made  and  certified  to  the  Ad- 
ministrator, who  may  approve,  reject  or 
modify  such  order,  and  in  such  connection 
conduct  such  further  investigations  and 
hearings  as  to  him  may  seem  necessary 
or  advisable.  The  order  of  the  Adminis- 
trator  shall    be    final. 

Section  8. — If  any  Producer  deliberately, 
wilfully,  or  persistently  violates  any  of  the 
provisions  of  this  PART  and  the  Code  Au- 
thority so  finds,  and  such  finding  is  up- 
held by  the  Administrator,  the  Code 
Authority,  with  the  approval  of  the  Admin- 
istrator, shall  have  power  to  impose  such 
restrictions,  prohibitions  or  conditions  as  it 
may  deem  proper  upon  the  distribution  or 
exhibition  of  motion  pictures  produced  by 
any  such  offending  Producer.  Due  notice 
of    the    ruling   of    the    Code   Authority,    as 


approved    by     the    Administrator    shall    be 
published  in   such  manner  as  the  Code  Au- 
thority prescribes. 
PART  «.— 

(a)  No  cartoon  Producer  shall  employ 
any  person  during  such  time  as  he  is 
employed   full    time    by   another. 

(b)  No  cartoon  Producer  shall  make  any 
offer  directly  or  indirectly  of  any  money 
inducement  or  advantage  of  any  kind  to 
any  employee  of  any  other  cartoon  Pro- 
ducer in  an  effort  to  entice,  persuade  or 
induce  such  employee  to  leave  or  become 
dissatisfied  or  to  breach  any  contract  cov- 
ering  his   employment. 

(c)  No  cartoon  Producer  shall  adapt  a 
cartoon  character  of  another  in  such  man- 
ner that  the  use  of  the  adapted  character 
shall  constitute  an  appropriation  by  him 
of   the   good   will   of   the   creator. 

C. — ^Producers-Distributors. 

Part  1. — Where  any  contract  granting  the 
motion  picture  rights  in  any  dramatic  or 
dramatico-musical  work  specifies  a  date 
prior  to  which  no  motion  picture  based  upon 
such  work  may  be  publicly  exhibited,  it 
shall  be  deemed  to  be  an  unfair  trade  prac- 
tice for  any  Producer  or  Distributor  to 
permit  the  public  exhibition  of  such  motion 
picture  prior  to  such  date. 
Part  2.— 

(a) — It  shall  be  deemed  to  be  an  unfair 
trade  practice  for  any  Producer  or  Dis- 
tributor, by  any  of  its  employees  or 
through  other  persons  who  have  a  direct 
or  indirect  interest,  whether  financial  or 
otherwise,  in  any  such  Producer  or  Dis- 
tributor, to  knowingly  and  intentionally 
directly  or  indirectly  interfere  with  exist- 
ing relations  between  an  Outside  or 
Associated  Producer  and  a  Producer  or 
Distributor,  or  to  do  anything  to  alienate 
or  entice  any  such  Outside  or  Associated 
Producer  away  from  a  Producer  or  Dis- 
tributor, or  to  do  anything  which  would 
tend  to  create  discord  or  strife  between 
such  Outside  or  Associated  Producer  and 
a  Producer  or  Distributor,  or  foment  dis- 
sension between  them,  for  the  purpose 
of  inducing  such  Outside  or  Associated 
Producer  to  breach  or  attempt  to  breach 
any  existing  contracts  between  it  and 
any  Producer  or  Distributor,  or  to  secure 
a  change  in  the  terms  and  conditions  of 
any  existing  contract  between  any  such 
Outside  or  Associated  Producer  and  a 
Producer   or  Distributor. 

(b) — To  effectuate  the  foregoing,  no 
Producer  or  Distributor  shall  negotiate 
with  or  make  any  offer  for  or  to  any 
such  Outside  or  Associated  Producer  at 
any  time  prior  to  sixty  (60)  days  before 
the  termination  of  any  existing  agreement 
between  such  Outside  or  Associated  Pro- 
ducer and  any  other  Producer  or  Dis- 
tributor, or  not  prior  to  sixty  (60)  days 
before  the  date  when  such  Outside  or 
Associated  Producer  shall  fulfill,  its 
delivery  commitment  to  the  Producer  or 
Distributor  with  whom  it  has  contractual 
obligations,   whichever  date   is   earlier. 

D. — Distributors. 

Part  1. — No  Distributor  shall  threaten  or 
coerce  or  intimidate  any  Exhibitor  to  enter 
into  any  contract  for  the  exhibition  of 
motion  pictures,  or  to  pay  higher  film 
rentals  by  the  commission  of  any  overt  act 
evidencing  an  intention  to  build  or  other- 
wise acquire  a  motion  picture  theatre  for 
operation  in  competition  with  such  Exhibi- 
tor, but  nothing  in  this  ARTICLE  shall 
in  any  way  abridge  the  right  of  a  Producer 
or  Distributor  in  good  faith  to  build  or 
otherwise  acquire  3  motion  picture  theatre 
in   any   location. 

Part  2. — No  Distributor's  employee  shall 
use  his  position  with  the  Distributor  to 
interfere  with  the  licensing  of  motion  pic- 
tures by  an  Exhibitor  operating  a  theatre 
in  competition  with  a  theatre  in  which  such 
employee  may  have  a  direct  or  indirect 
interest,  provided,  however,  that  an  em- 
ployee of  a  Distributor  shall  not.  be  deemed 
to  have  an  interest  in  any  theatre  affiliated 
with  such  Distributor. 
Part.  3  — 

(a) — No  Distributor  shall  substitute  for 
any  feature  motion  picture  described  in 
the  contract  therefor  as  that  of  a  named 
star  or  stars  or  named  director  or  named 
well-known  author,  book  or  play  one  of 
any  other  star  or  stars,  director,  author, 
book  or  play,  nor  shall  such  Distributor 
substitute  any  other  feature  motion  pic- 
ture for  one  which  in  the  contract  therefor 
is  designated  "no  substitute";  and  no 
Exhibitor  shall  be  required  to  accept  any 
such   substitute  motion   picture. 

(b)— Nothing  in  this  ARTICLE  contained 
shall  be  interpreted  to  prohibit  any  Dis- 


tributor from  changing  the  title  of  any 
motion  picture  contracted  for,  from  mak- 
ing changes,  alterations  and  adaptations 
of  any  story,  book,  or  play  upon  which 
it  is  based  and  from  substituting  for  any 
such  story,  book  or  play  another  story, 
book  or  play,  or  from  changing  the  direc- 
tor, the  cast,  or  any  member  thereof  of 
any  such  motion  picture,  except  as  here- 
inabove  specifically  prohibited. 

(c)— If  for  any  such  author,  book  or 
play  there  is  substituted  another  author, 
book  or  play,  notice  of  such  substitution 
shall  be  given  by  a  paid  advertisement  of 
not  less  than  one-quarter  page  in  at  least 
one  issue  of  a  national  trade  publication 
before  the  release  date  of  the  motion  pic- 
ture in  which  such  substitution  has  been 
made. 
Part  4.— 

(a) — It  shall  be  an  unfair  practice  for 
any  Distributor  to  license  the  exhibition 
of  its  motion  pictures  for  exhibition  by 
any  non- theatrical  account  contrary  to 
any  determination,  restriction  or  elimina- 
tion by  a  local  Grievance  Board,  where 
such  exhibition  shall  be  determined  by 
such  Grievance  Board  provided  for  in  this 
Code  to  be  unfair  to  an  established  mo- 
tion   picture    theatre. 

(b)— Nothing  in  this  PART  ^hall  be 
interpreted  to  prohibit  the  licensing  of 
motion  pictures  for  exhibition  at  army 
posts,  or  camps,  or  on  fxiard  ships  of 
the  United  States  Navy  or  ships  engaged 
in  carrying  passengers  to  foreign  or 
domestic  ports  or  at  educational  or  re- 
ligious institutions  or  at  institutions  hous- 
ing "shut-ins,"  such  as  prisons,  hospitals, 
orphanages,   etc. 

Feu^  S. — No  Distributor  shall  require  as 
a  condition  of  entering  into  a  contract  for 
the  licensing  of  the  exhibition  of  feature 
motion  pictures  that  the  Exhibitor  contract 
also  for  the  licensing  of  the  exhibition  of 
a  greater  number  of  short  subjects  (except- 
ing news-reels)  in  proportion  to  the  total 
number  of  short  subjects  required  by  such 
Exhibitor,  than  the  proportion  of  the  fea- 
ture pictures  for  which  a  contract  is 
negotiated  bears  to  the  total  number  of 
feature  pictures  required  by  the  Exhibitor. 
Part  6. — No  Distributor  shall  divulge  or 
authorize  or  knowingly  permit  to  be 
divulged  by  any  employee  or  checker  any 
information  received  in  the  checking  of  the 
receipts  of  its  motion  pictures,  except  that 
such  information  may  be  divulged  in  any 
arbitration  or  grievance  proceeding  or  liti- 
gation concerning  a  controversy  and  for 
any  Government  or  Code  Authority  report. 
Part  7. — No  Distributor  shall  convey  or 
transfer  its  assets  for  the  purpose  of  avoid- 
ing the  delivery  to  any  Exhibitor  of  any 
feature  motion  picture  licensed  for  exhibi- 
tion   by    such    Exhibitor. 

Part  8. — No  Distributor  shall  refuse  to 
make  a  fair  adjustment  of  the  license  fees 
for  the  exhibition  rights  of  a  number  of 
pictures  licensed  in  a  group  for  a  stated 
average  sura  per  picture  and  so  stated  in 
the  license  agreement,  if  the  total  number 
of  pictures  so  licensed  by  any  Exhibitor 
are  not  delivered  by  such  Distributor,  pro- 
vided such  Exhibitor  shall  have  fully  and 
completely  performed  all  the  terms  and 
conditions  of  such  license  on  the  part  of 
the  Exhibitor  to  be  performed.  Any  dispute 
or  controversy  concerning  any  such  adjust- 
ment shall  be  determined  by  a  Local  Griev- 
ance Board  provided  for  in  this  Code. 
Part.  9.— 

(a)— No  Distributor  shall  require  any 
specific  day  or  days  of  the  week  for  the 
exhibition  of  specified  pictures  or  class 
of  pictures  unless  specifically  provided  for 
in  the  Exhibitor's  contract  therefor  and  in 
no  event  if  the  license  fee  therefor  is  a 
fixed  sum  only. 

(b)— Where  under  an  exhibition  contract 
which  provides  that  the  rental  to  be  paid 
by  the  Exhibitor  for  any  feature  motion 
picture  specified  therein  shall  be  determ- 
ined in  whole  or  in  part  ujxm  a  per- 
centage basis  and  that  said  picture  shall 
be  played  by  the  Exhibitor  upon  a  desig- 
nated day  or  days  of  the  week  and  the 
Exhibitor  seeks  to  be  relieved  from  the 
obligation  to  exhibit  such  motion  picture 
upon  such  designated  day  or  days  for  the 
reason  only  that  the  subject  and  character 
of  the  motion  picture  so  designated  are 
unsuitable  for  exhibition  at  the  Exhibitor's 
theatre  on  such  day  or  days,  the  claim  of 
the  Exhibitor  shall  be  determined  by  the 
Local  Grievance  Board  provided  for  by 
this  Code,  and  the  Distributor,  if  such 
Local  Board  so  determines,  shall  relieve 
the  Exhibitor  from  the  obligation  to  play 
the  motion  picture  upon  the  day  or  days 
designated  by  the  Distributor;  provided 
that  the  Exhibitor  makes  such  claim  with- 
in three  (3)  days  after  receipt  of  the 
notice  of  availability  of  such  feature  pic- 
(Continued  on  page  30) 


Friday,   December    I,    1933 


MOTION  PICTURE 

DAILY 


19 


Day-hy-Day  History  of  the  Code 


M.  P.  Daily's 
Files  Tell  of 
Developments 


May  4.— Motion  Picture  Daily  gives 
film  industry  its  first  indication  of 
far-reaching  significance  of  the  in- 
dustrial recovery  legislation  through 
trade  association  agreements  planned 
by   President   Roosevelt. 

May  9. — President's  industrial  recov- 
ery legislation  plans  are  completed. 

May  17.— Recovery  legislation  goes  to 
Senate  with  provision  for  Federal 
licensing  of  industries  to  replace 
anti-trust   laws   planned. 

May  18.— Roosevelt  control  bill  re- 
quires industry  code,  presaging  in- 
dustry-wide get-together  of  all  fac- 
tions  for   first   time   in    its   history. 

May  23.— Recovery  legislation  ready 
for  submission  to  House. 

May  31.— Motion  Picture  Daily 
first  divulges  that  film  industry  has 
begun  to  talk  "code."  Senate  hear- 
ings on  the  new  recovery  legislation 
open  in  Washington  and  General 
Hugh  S.  Johnson  takes  over  offices 
in  the  Dep't  of  Commerce  Building- 
ing    in   anticipation   of    its    passage. 

June  6.— Ed.  Kuykendall,  M.  P.  T. 
O.  A.  president,  arrives  in  New 
York  for  initial  activities  on  draft- 
ing exhibition  code. 

June  7.— Will  H.  Hays  issues  gen- 
eral call  to  representatives  of  all 
industry  branches  to  participate  in 
first  conference  on  drafting  general 
industry  code.  Allied  States  rep- 
resentatives indicate  they  will  not 
attend  sessions,  stating  preference 
for  an  industry  code  drawn  by  the 
government. 

June  9.— Industry  leaders  hear  out- 
line of  code-drafting  procedure  made 
by  Hays. 

June  12.— M.  P.  T.  O.  A.  makes  dec- 
laration for  industry  unitv  in  code- 
drafting.  Allied  States  leaves  de- 
cision on  participation  in  code  con- 
ferences up  to  regional  units. 

June  13. — Congress  passes  industrial 
recovery  legislation.  General  John- 
son named  administrator.  M.  P.  T. 
O.  A.  nears  completion  of  first  draft 
of  exhibition  code  for  presentation 
at  resumption  of  code  conferences 
June  15  at  M.  P.  P.  D.  A. 

June  14.— M.  P.  T.  O.  A.  agrees  on 
first  draft  of  exhibition  code  drawn 
by  directors.  Motion  Picture 
Daily  reveals  plans  for  code-draft- 
ing machinery  for  industry  promul- 
gated by  M.  P.  P.  D.  A. 

June  15. — Meeting  of  production,  dis- 
tribution and  exhibition  representa- 
tives at  M.  P.  P.  D.  a.  advances 
industry's  code-drawing  activities. 
Motion  Picture  Daily  presents 
first  trade  publication  of  the  com- 
plete Industrial  Recovery  Act  passed 
by  Congress  and  awaiting  the  Presi- 
dent's  signature. 

June  16. — President  Roosevelt  signs 
Industrial  Recovery  Act,  formally 
making  it  a  Federal  law.  Allied 
States  reports  indecision  on  code 
policy,  inclining  to  belief  theatres 
are  not  engaged  in  interstate  com- 
merce and  therefore  not  within 
scope   of   Industrial    Recovery  Act. 


This  is  the  official  exhibitor  committee  which  drew  up  the  tentative  theatre  code  at  the 
back-breaking  conferences  in  the  Bar  Association  Building,  New  York.  Their  efforts  termi- 
nated on  Aug.  18.  Since  then,  Allied  has  withdrawn  from  the  deliberations,  charging  the 
draft,  as  drawn,  does  not  protect  the  independent.  With  them  are  allied  independent  pro- 
ducers  and    distributors,    principally    members    of    the    Federation    of    the   M.    P.    Industry. 

Top  row,  left  to  right:  H.  M.  Richey,  Allied  of  Michigan;  Sidney  Samuelson,  Allied  of 
New  Jersey;  Abram  F.  Myers,  general  counsel,  Allied  States;  George  Skouras,  Skouras 
Theatres,  and  Gus  Metzger,  Independent  Theatre  Owners  of  Los  Angeles. 

Second  row,  left  to  right:  Ed  Kuykendall,  president,  M.  P.  T.  O.  A.;  James  C.  Ritter, 
president.  Allied  States;  Jack  Miller,  Chicago  Exhibitors  Ass'n;  A.  H.  Schwartz,  Cen- 
tury Circuit,  New  York;  B.  A.  Schiller,  Loew's,  Inc.;  Joseph  Bernhard,  general  manager, 
Warner  Theatres,  and  Tom  Murray,  Motion  Picture  Theatre  Industry  of  Metropolitan 
Division. 

Seated,  left  to  right:  Harold  B.  Franklin,  then  with  RKO  Theatres;  M.  E.  Comer- 
ford,  Comerford  Theatres,  Inc.;  Charles  L.  O'Reilly,  coordinator  for  exhibition;  Sam  Dem- 
bow,  Jr.,  Publix  Theatres,  and  Fred  Wehrenberg,  M.  P.  T.  O.  of  Eastern  Missouri  and 
Southern  Illinois. 


June  17. — Production,  distribution  code 
drawing  advanced  by  coordinating 
committee  at  meetings  at  M.  P.  P. 
D.  A.  Motion  Picture  Daily  re- 
veals plans  for  increasing  employ- 
ment and  reopening  4,000  dark 
houses  under  code. 

June  19. — Motion  Picture  Daily 
states  standard  contract  will  be  in- 
cluded in  industry  code  and  exclu- 
sive runs  probably  banned  under  its 
provisions.  Independent  producer- 
distributors  organize  as  Progressive 
M.  p.  Producers  and  Distributors 
of   America   to   draw   own   code. 

June  20. — Motion  Picture  Daily  ex- 
clusively publishes  first  drafts  of 
tentative  distribution  and  exhibition 
codes.  Coordinating  committees  be- 
gin work  at  M.  P.  P.  D.  A.  John- 
son declares  trade  practice  provi- 
sions of  industry  codes  will  be  sec- 
ondary in  importance  to  wage  and 
working  hour  provisions,  from  ad- 
ministration's standpoint. 

June  21. — Publication  by  Motion  Pic- 
ture Daily  of  first  drafts  of  dis- 
tribution, exhibition  codes  protested 
by  distributor  committee  on  grounds 
drafts  are  only  "tentative"  ignoring 
fact  publication  so  stated  the  day 
before.  Distribution-exhibition  co- 
ordinating committee.s  continue  work 
at  M.  p.  P.  D.  a.  Will  Hays 
leaves  for  the  coast  to  work  on 
production  draft. 

June  22. — Independent  producer-dis- 
tributors' organization  submits  basis 
for  industry  code  highlighted  by 
proposal  to  divorce  exhibition  from 
production  and  distribution. 


June  23. — Independent  distributors 
meet  with  M.  P.  P.  D.  A.  on  code 
basis  for  independents  with  38  trade 
practices  cited  as  "unfair." 

June  25. — Allied  regionals  meet  to 
ponder  question  whether  theatres  do 
or  do  not  come  under  provisions  of 
NRA. 

Jun^  26. — Distributor  code  sessions  at 
M.  P.  P.  D.  A.  start  lengthy  ad- 
journment as  annual  sales  meetings 
get  under  way. 

June^  29. — Academy  of  M.  P.  Arts  & 
Sciences  declares  it  will  seek  to  have 
agreements  on  talent  loans  and  pro- 
visions against  reduction  of  studio 
employment  incorporated  in  industry 
code.  New  York  City  independent 
exhibitors  organize  I.  T.  O.  A.  for 
code  work  and  ask  cooperation  of 
T.  O.  C.  C.  Independents  reported 
more  cordial  toward  tentative  code, 
following  meeting  with  national 
sales  managers. 

July  6. — Hays  interviews  studio  heads 
individually  on  code  attitudes  prior 
to  calling  general  producers'  code 
meeting  in  Holljrwood. 

July  9.— M.  P.  T.  O.  A.  directors 
gather  in  Chicago  to  make  final 
draft  of  exhibition  code. 

July  10. — Joint  meetings  of  inde- 
pendent and  affiliated  distributors 
resumed  at  M.  P.  P.  D.  A.  offices. 

July  12. — Independent  distributors 
meeting  at  M.  P.  P.  D.  A.  take  up 
minimum  wage,  maximum  working 
hour  subjects  as  meeting  is  told 
major  distributors  are  surveying  ex- 
changes and  home  offices  in  effort 
to    determine    averages    in    various 


MPTO  Began 
Work  on  Code 
Back  in  June 


employe  classifications.  M.  P.  T. 
O.  A.  nears  final  agreement  on  ex- 
hibition code  at  Chicago  meeting. 
Laboratories  organize  M.  P.  Lab- 
oratories Association  of  America 
with  Allan  Freedman  as  president 
to  draw  up  code. 

July  14.— M.  P.  T.  O.  A.  directors 
complete  final  draft  of  their  exhibi- 
tion code  at  Chicago  calling  for  36- 
hour  week.  Independent  Theatre 
Supply  Dealers  set  meeting  to  draw 
up  code  at  Chicago,  July  28. 

July  16. — Motion  Picture  Daily  has 
exclusive  publication  of  exhibition 
code  drawn  by  M.  P.  T.  O.  A. 
Highlights  of  the  draft  are  labor 
proposals  asking  a  36-hour  week, 
except  for  office  and  supervisory 
staffs,  firemen  and  watchmen,  and  a 
30-cent  per  hour  minimum  wage. 
Trade  practice  provisions  of  im- 
portance ask  use  of  standard  licens- 
ing agreement,  national  appeals 
board,  arbitration,  local  clearance 
and  zoning  boards,  cancellations  of 
IS  per  cent  of  contract  without  pay- 
ment and  bans  on  double  featuring, 
score  charges,  exclusive  runs  and 
overbuying. 

July^  17.— M.  P.  T.  O.  A.  code  is  sub- 
mitted to  regional  units  for  action. 
Laboratories  Ass'n  begins  drafting 
code. 

July  19. — Laboratory  code's  labor  pro- 
visions provide  for  a  40-hour  week. 
No  agreement  reached  on  minimum 
wage  proposal. 

July  20.— A  preliminary  code  draft  of 
production  proposals  is  completed 
by  the  Academy  of  M.  P.  Arts  & 
Sciences. 

July  24.— I.  A.  T.  S.  E.  canvasses  700 
locals  on  hours  and  wages  for  code 
recommendations . 

July  25. — Sol  A.  Rosenblatt  appointed 
deputy  administrator  for  amusement 
industry  codes  by  General  Hugh  S. 
Johnson. _  Laboratories  Ass'n  agrees 
on  tentative  code  draft.  Major  com- 
panies plan  40-hour  week  for  "white 
collar"  workers. 

July^  28. — Laboratory  code  sets  $15 
minimum  wage  for  office  workers 
and  50  cents  per  hour  for  special 
workers  on  previously  proposed  40- 
hour  week. 

July  31. — Rosenblatt  receives  indus- 
try representatives  for  code  confer- 
ences in  New  York.  Charles  L. 
O'Reilly,  head  of  T.  O.  C.  C,  one  of 
those  who  conferred.  Major  dis- 
tributors resume  code  work  at  M. 
P.  P.  D.  A.  as  sales  meets  end. 
Federation  of  M.  P.  Industry  agrees 
on  eight  basic  points  fur  code  be- 
ing drawn  by  independent  produ- 
cer-distributors at  New  York  mass 
meeting,  most  significant  of  which 
are  proposals  for  elimination  of 
block  booking,  buying  combines, 
blind  booking,  overbuying,  inter- 
changeability  of  playing  time  and 
producer-distributor  ownership  of 
theatres.  Independent  Theatre  Sup- 
ply dealers  begin  drafting  code  at 
Chicago. 

{Continued  on  page  22) 


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^ 


We  move  on,  in  a  changing  world,  to  a  new  under- 
standing off  human  rights  and  human  heipffulness. 

• 
Aiofft  the  Blue  Eagle  soars,  symbol  off  a  common  de- 
termination by  a  people  that  none  shall  hunger  in  a 
land  off  plenty  and,  that  as  Man's  genius  trees  Man 
from  soul-crushing  toil,  so  shall  Man  fforever  ffree 
himselff  ffrom  the  slavery  off  his  own  creations  . . . 
that  by  distribution  off  wealth  we  increase  wealth, 
as  grains  planted  in  fertile  soil  bring  fforth  their 
harvest. 

By  these  acts  we  acknowledge  that  Man's  leisure 
as  well  as  Man's  toil  is  ffor  the  earth's  enrichment 
and  that  culture,  recreation,  happiness  .  .  .  that 
books,  music,  drama,  motors,  the  radio,  motion  pic- 
tures and  ail  that  make  ffor  a  fullness  of  life  are  the 
worthy  ffruits  off  his  labor. 

The  code  of  our  industry  has  been  signed,  an  in- 
strument, like  all  our  President's  works,  aimed  ffor 
the  greatest  good  off  the  greatest  number. 

• 
Because  ours  is  an  art  and  industry  born  off  this 
modern  age  that  does  not  live  by  bread  alone,  it 
becomes  our  obligation  and  privilege  to  tester  the 
ideals  and  hopes  off  NRA  and  by  ffull-hearted  ex- 
ample help  bring  to  ffulffillment  the  great  work  off 
reconstruction. 

To  this  end,  this  company  pledges  its  ffaith  and 
strength. 


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MOTION  PICTURE 

DAILY 


Friday,  December   I,   1933 


Kent,  O^Reilly  Were  Coordinators 


(.Continued  from  page   19) 

Aug.  1.  —  Federation  mass  meeting 
closes  with  basis  of  code  set  up. 
Rosenblatt  fails  to  appear  at  ses- 
sion. Completed  laboratory  code 
ready  for  submission  to  Associa- 
tion membership. 

Aug.  2. — Rosenblatt  sets  industry  code 
meeting  for  Aug.  8  in  New  York 
to  devise  one  code  for  the  industry. 

Aug.  4. — Committee.s  of  major  dis- 
tributors continue  code  meetings  at 
M.  P.  P.  D.  A. 

Aug.  7. — Industry  leaders  converge  in 
New  York  as  official  meeting  to  de- 
vise single  industry  code  under 
Rosenblatt's  direction  opens.  Lab- 
oratories Ass'n.  approves  code  after 
eliminating  proposal  which  would 
have  ended  laboratory  participation 
in  film  company  financing. 

Aug.  8. — Sidney  R.  Kent  appointed 
code  coordinator  for  production  and 
distribution,  and  O'Reilly  coordina- 
tor for  exhibition  by  Rosenblatt  at 
industry  code  meeting  in  New  York, 
with  committees  named  to  draw  up 
production,  distribution  and  exhi- 
tion  codes  in  one  week.  Rosen- 
blatt pledges  "a  square  deal"  to  all 
interests,  large  and  small,  at  meet- 
ing attended  by  imposing  assemblage 
of  industry  leaders.  Code  drafting 
committees  go  into  session  imme- 
diately. Rosenblatt  approves  labor 
provisions  of  laboratory  code. 

Aug.  9. — Exhibition  code  committee 
reaches  agreement  on  12  code  pro- 
posals which  Coordinator  O'Reilly 
declines  to  name.  Double  featuring, 
score  charges,  picture  cancellations 
and  designated  play  dates  identified 
early  as  stumbling  blocks  to  com- 
mittee. Production  code  committee 
makes  rapid  progress,  but  distribu- 
tion committee  strikes  snag  in 
double  featuring  and  other  con- 
troversial subjects. 

Aug.  10. — Exhibition  committee  agrees 
"in  principle"  on  open  market  buy- 
ing and  clearance.  Joint  meetings 
of  distributors  and  exhibitors  begun 
to  coordinate  subjects  agreed  on. 

Aug.  11. — Kent  announces  production 
code  will  be  completed  by  night. 
Distributor-exhibitor  coordinating 
sessions  continue. 

Aug.  12. — Formal  draft  of  completed 
production  code  begun.  Kent  pre- 
dicts all  three  drafts  will  be  ready 
in  24  hours. 


Aug.  14. — Exhibitor-distributor  coor- 
dinating committtees  in  disagreement 
as  one-week  deadline  set  by  Rosen- 
blatt approaches. 

Aug.  15.- — Code  deadline  extended  as 
exhibitor  -  distributor  coordinating 
lags.  Double  featuring  and  "right 
to  buy"  identified  as  stumbling 
blocks. 

Aug.  16. — National  appeals  board 
agreed  on  for  code  content  as  ex- 
hibition and  distribution  coordinat- 
ing progresses. 

Aug.  17. — Code  committees'  patience 
taxed.  Coordinator  O'Reilly  de- 
mands speed  on  complete  draft  with 
unsettled  topics  to  be  left  for  code 
hearings  at  Washington. 

Aug.  18.— Exhibition  code  reported  90 
per  cent  complete  as  sessions  drag 
on.  Studio  labor  code  ready  for 
drafting. 

Aug.  19. — Code  committees  still  at 
odds  on  important  issues  such  as 
double  featuring,  cancellations,  score 
charges  and  right  to  buy.  Inde- 
pendents marshal  forces  to  fight  code 
ban  on  double  featuring. 

Aug.  21. — Washington  demands  in- 
dustry code  by  midnight  tonight. 
Laboratory  code  .submitted  to  Wash- 
ington and  public  hearing  set  for 
Aug.  31.  Screen  Writers'  Guild 
form  own  code  in  Hollywood,  op- 
posing salary  reductions  and  pro- 
ducers' proposed  anti-raiding  pact. 

Aug.  22. — Committees  of  distributors 
and  exhibitors  prepare  to  submit  in- 
completed codes  to  Washington  as 
final  deadline  nears.  Controversial 
issues  to  be  left  for  settlement  at 
public  hearings. 

Aug.  23. — Incomplete  codes  with  lists 
of  "exceptions"  filed  separately  by 
distribution  and  exhibition  commit- 
tees at  Washington.  Action  leaves 
important  subjects  such  as  double 
featuring,^  cancellations,  elimination 
of  score  charges,  right  to  buy  and 
designated  play  dates  for  settle- 
ment at  public  hearings  in  Capital, 
Sept.  12,  date  set  by  Rosenblatt. 
Motion  Picture  Daily  goes  to 
special  24-page  edition  to  publish 
complete  text  and  exceptions  on 
distribution  •  and  exhibition  codes 
and  complete  text  of  laboratory 
code. 

Aug.  24. — Open  market  film  buying 
regarded  as  major  aim  of  exhibitors 
through  code. 


Aug.  25. — Public  hearings  on  code  at 
Washington  expected  to  require 
three  or  four  days.  Academy  of 
M.  P.  Arts  and  Sciences  generally 
approves  producer  code  but  will 
fight  Articles  9  and  10,  the  former 
seeking  to  eliminate  star  raids  and 
the  latter,  restricting  agency  opera- 
tion in  Hollywood. 

Aug.  26. — Code  settlement  seen  as  de- 
ciding fate  of  buying  combines. 

Aug.  27. — Actors  Equity  Ass'n  voices 
opposition  to  working  conditions 
proposed  in  producers'  and  exhibi- 
tors'  code  and  probably  will  fight. 

Aug.  28. — Rosenblatt  begins  prelim- 
inary coordination  of  industry  code 
in  Washington. 

Aug.  29." — Industry  speculates  on  ac- 
ceptability to  Administration  of  ex- 
hibition code's  labor  proposals  ask- 
ing a  S2-hour  week  and  25  cents 
per  hour. 

Aug.  30. — I.  T.  O.  A.  calls  code  mass 
meeting  for  New  York  Sept.  5. 
Laboratory  industry  gathered  in 
Washington  for  code  hearings.  In- 
quiries on  exhibition  code  from  all 
over  country  flow  into  O'Reilly's 
office.  Hollywood  extras  protest 
producers'  code.  Fear  salary  cuts. 
"Disgruntled  few"  blamed. 

Aug.  31. — Laboratory  employes  seek 
changes  in  code's  labor  proposals  at 
hearings  before  Rosenblatt  in  Wash- 
ington. Extras  vote  to  submit  own 
code. 

Sept.  1. — Agreement  reached  on  lab- 
oratory code  increasing  employ- 
ment 15  per  cent  and  wages  12  per 
cent.  Code  passed  on  to  General 
Johnson.  Allied  States  prepares  to 
file  brief  on  code  exceptions  at  pub- 
lic hearings.  Independent  distribu- 
tors carry  fight  against  elimination 
of  double  features  by  code  to  ex- 
hibitors, seeking  their  proxies  for 
presentation  at  Washington  hear- 
ings. 

Sept.  2.— M.  P.  T.  O.  A.,  Allied  States 
and  I.  T.  O.  A.  plan  Washington 
meetings,  Sept.  10  and  11  to  plan 
briefs  for  filing  at  code  hearings. 

Sept.  5. — Star-chamber  session  of  At- 
lantic seaboard  independent  ex- 
hibitors in  New  York  makes  plans 
for  brief  to  be  filed  at  code  hear- 
ings. Actors,  directors  and  agents 
turn  guns  on  raiding  clause,  and 
agency  restrictive  clauses  in  pro- 
ducer code.     Extras  drop  own  code 


plans;   to   clear   objectives  through 
Academy. 

Sept.  6. — Countrywide  protest  against 
dual  ban  grows. 

Sept.  7. — Rosenblatt  and  O'Reilly  con- 
fer in  Washington  on  labor  provi- 
sions of  both  production  and  ex- 
hibition codes.  Actors'  Betterment 
Ass'n  affiliates  with  A.  F.  of  L.  and 
will  make  own  code  plea  for  vaude- 
villians.  New  deal  for  extras  would 
increase  cost  to  major  producers  by 
2.8  per  cent;  to  independents  by  2.1 
per  cent. 

Sept.  8. — Rosenblatt  deluged  with  re- 
quests for  right  to  be  heard  on  code 
at  Washington,  as  hearing  date  ap- 
proaches and  vanguard  of  250  in- 
dustry representatives  prepare  to 
leave  for  Capital. 

Sept.  10. — Allied  leads  movement  to 
join  with  other  independents  and 
rush  formulation  of  new  code  for 
presentation  at  Tuesday  hearings  in 
Washington. 

Sept.  11. — Three  spokesmen  named  to 
represent  independents  at  code  hear- 
ings tomorrow.  The  M.  P.  T.  O.  A. 
agrees  upon  zoning  boards  and  the 
Hays  group  decides  upon  procedure 
at  the  hearings. 

Sept.  12. — Public  hearings  on  code 
open  in  Washington.  No  "open 
shop"  will  be  permitted.  Deputy  Ad- 
ministrator Rosenblatt  declares  in 
opening  announcement.  William  C. 
Elliott,  president  of  I.A.T.S.E., 
asks  for  code  clause  requiring  oper- 
ator for  every  projection  machine  in 
America,  in  addressing  hearing. 
Frank  Gillmore,  president  of  Actors' 
Equity,  charges  Academy  of  M.  P. 
Arts  &  Sciences  is  a  "company 
union"  in  objecting  to  identification 
of  Academy  in  code  discussions  as 
the  actors'  body.  Chorus  girls  get 
sympathy  of  code  hearing  audience 
after  speech  by  Mrs.  Dorothy  Bry- 
ant, executive  secretary  Chorus 
Equity  Ass'n,  who  stated  some 
chorines  were  required  to  work  86 
hours  a  week  and  many  received  | 
only  $25  per  week.  i 

Sept.    13. — "Closed-door"    sessions    of    i 
industry  factions  get  under  way  in    \ 
attempts  to  iron  out  code  differences.    | 
Exhibitor's    committee    meets    with 
theatre  labor  committee  in  what  was 
regarded  as  most  difficult  session  on 
reconciling  of  divergent  viewpoints. 
In  closing  hours  of  day's  hearing, 


Allied  Leaders  Who  Led  Insurgent  Movement 


ABRAM  F.  MYEBS 
Washington 


H.  M.  RTCHBT 

Michigan 


H.  A.  COLE 
T»xa* 


SIDNEY    SAMCEI.SON 

New  Jersey 


W.  A.  STEFFES 
Minnesota 


NATHAN  YAMINS 

New  England 


Friday,  December   I,   1933 


MOTION   PICTURE 

DAILY 


23 


Did  Real  Job  Behind  Closed  Doors 


M.P.T.O.A.'s  program,  involving 
labor  proposals  and  12  trade  prac- 
tice clauses,  is  presented  by  Ed. 
Kuykendall,  president.  He  asks 
for  "careful  study"  of  labor  provi- 
sions ;  recommends  exhibition  code's 
right  to  buy  clause;  standard  con- 
tract; 15  per  cent  cancellations; 
banning  of  score  charges,  designated 
play  dates  and  non-theatrical  com- 
petition; endorsement  of  advertising 
code  of  ethics,  banning  of  double 
features  by  60  per  cent  vote  of  ex- 
hibitors in  local  situations;  en- 
dorsement of  arbitration,  clearance 
and  zoning  and  national  control 
board,  and  banning  of  sales  of  shorts 
in  conjunction  with  features. 

Allied  States  presents  its  program 
through  Abram  F.  Myers,  general 
counsel,  championing  right  to  buy; 
rejection  of,  without  paying  for,  pic- 
tures which  an  exhibitor  cannot  use ; 
banning  of  distributor  interference 
with  individual  theatre  policy  in  any 
way  ;  prohibiting  discrimination 
against  independent  exhibitors  in 
film  selling,  and  provision  for  settle- 
ment of  industry  disputes  by  govern- 
ment representatives  in  instances 
where  they  cannot  be  settled  by  dis- 
puting exhibitors  and  distributors. 

A.  Julian  Brylawski,  Washington 
exhibitor,  replies  to  Elliott's  request 
for  operator  for  every  machine  with 
declaration  operators  now  employed 
work  only  10  minutes  of  every  hour. 
Rosenblatt  besieged  with  recommen- 
dations from  numerous  industry  and 
allied  organizations  for  posts  for 
representation  on  the  code  authority. 
Robert  Wilby,  southern  exhibitor, 
halted  by  Rosenblatt  in  address  at- 
tacking operators'  unions  for  ruling 
by  intimidation,  dynamiting  and 
stench-bombing.  Joseph  Varbalow, 
Camden,  N.  J.,  exhibitor,  charges 
master  contracts  permitting  circuits 
wide  selectivity  of  product  tend  to 
stifle  independent  competition  by  de- 
nying it  discarded  pictures.  Wil- 
liam Green,  president  of  A.  F.  of  L., 
endorses  unrestricted  double  featur- 
ing. 
Sept.  14. — Predicting  code  accord. 
Deputy  Rosenblatt  brings  public 
hearings  to  close  and  industry 
groups  adjourn  to  private  meetings 
in  final  effort  to  compose  differences. 
Closing  hours  of  hearings  high- 
lighted by  Sidney  R.  Kent's  address 
on  behalf  of  major  producer-distrib- 
utors in  which  he  states  many  pro- 
posals in  exhibition  code  would  cut 
their  revenue  to  a  point  they  could 
not  stand.  He  opposes  right  to  buy 
as  defined  in  exhibition  code ;  called 
cancellation  clause  offered  by  dis- 
tributors "fair" ;  defends  score 
charges  and  designated  play  dates. 
Universal  and  Columbia  create  a 
stir  by  taking  stand  apart  from  the 


Tried  Three  Times 

On  Sept.  25,  it  became  prac- 
tically certain  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt 
would  write  the  industry  code. 

On  October  4,  the  promise 
became  a  fact  when  the  first 
NRA  draft  was  completed  and 
made   public. 

Thereafter,  there  were  two 
revised  drafts,  the  second  on 
October  10  and  the  third  on 
October  17. 


M.P.P.D.A.  member  companies  on 
unrestricted  double  featurmg,  with 
R.  H.  Cochrane  declaring  14  J4  per 
cent  of  Universal's  revenue  comes 
from  double  bills,  and  Jack  Cohn 
declaring  Columbia  might  have  to 
cut  production  schedules  if  duals 
were  eliminated,  with  consequent  re- 
duction of  employment. 

Rosenblatt  asks  for  definite  ex- 
amples supporting  contention  right 
to  buy  would  increase  distribution 
revenues.  B.  B.  Kahane,  RKO  stu- 
dio head,  charges  "chiseling"  agents 
in  Hollywood  threaten  production 
with  ruination  by  creating  dissatis- 
faction among  actors,  directors  and 
writers  by  offering  promises  of 
greatly  increased  salaries  to  those 
already   under   contract. 

Sept.  15. — First  full  day  of  private 
conferences  on  code  proposals  con- 
tinues disagreement  between  exhibi- 
tor and  labor  committees  on  Elliott's 
proposal  for  an  operator  for  every 
machine.  Southeastern  exhibitors 
are  prepared  to  ask  for  labor  scales 
in  code  below  those  to  prevail  for 
other  sections  of  country  on  basis 
of  lower  living  costs  in  their  sec- 
tion. Estimates  indicate  producers' 
40-hour  wage  scale  for  36  hours 
work  for  studio  crafts  may  add  be- 
tween $2,700,000  and  $3,000,000  an- 
nually to  Hollywood  payrolls.  A 
44-hour  week  for  theatre  employes  in 
place  of  52-hours  proposed  is  indi- 
cated as  conferences  advance.  With 
completion  of  coal  code,  relieving 
General  Hugh  S.  Johnson  and  Pres- 
ident Roosevelt  of  their  principal 
code  concern  for  a  number  of  weeks, 
new  progress  on  film  code  is  looked 
for.  Newsreel  men  ask  for  24-hour 
holiday  every  week. 

Sept.  16-17 — Code-drafting  activities 
come  to  sudden  and  unexpected  halt 
late  Saturday,  Sept.  16,  in  order,  ac- 
cording to  Deputy  Rosenblatt's  ex- 
planation, to  permit  production  and 
distribution  executives  to  obtain  full 
authority  on  final  action  in  Wash- 
ington on  whatever  code  issues  arise. 
Motion  Picture  Daily  hears  in- 
structions as  to  a  general  business 
attitude  designed  for  major  com- 
panies were  given  by  a  figure  so 
high  in  the  Administration  that  it 
became  necessary  for  executives  to 
return  to  New  York  to  discuss  new 
development  with  presidents  and 
boards  of  directors. 

Definite  information  develops  the 
standard  licensing  agreement  will  be 
included  in  code. 

Sept.  18. — Deputy  Rosenblatt  approves 
Article  7  of  tentative  code  which 
makes  it  an  unfair  trade  practice  for 
distributors  to  force  high  film  ren- 
tals by  means  of  threats  to  build  or 
acquire  theatres.  Heads  of  all  major 
companies  meet  at  M.P.P.D.A.  of- 
fices in  New  York  to  discuss  code 
developments  at  Washington  which 
caused  Saturday  recess.  Disclosed 
Rosenblatt  engaged  in  film  code  dis- 
cussion with  President  Roosevelt  on 
Friday,  but  deputy  denies  anything 
transpired  which  caused  adjourn- 
ment, stating  executives  were  sent 
back  to  re-vamp  certain  code  clauses. 
Labor  proposals  for  studio  employes 
make  rapid  advancement,  while  thea- 
tre labor  provisions  continue  to  show 
little  progress. 

Sept.  19.— Motion  Picture  Daily 
gives  first  indication  to  industry  that 
an  Administration  interest  in  salaries 


had  been  voiced  at  Washington  and 
resulted  in  adjournment  to  New 
York  to  discuss  methods  of  controll- 
ing salaries  or  fixing  maximum  pay 
figures.  Indications  are  part  of  code 
may  be  retroactive.  Approval  of 
code  ban  on  unauthorized  holdovers, 
switches  and  bicycling  regarded  as 
certain. 

Sept.  20. — If  certain  exhibitor  pro- 
posals are  included  in  code  and  in 
view  of  increased  labor  costs,  par- 
ticularly in  production,  major  com- 
panies may  ask  Government  to  set 
up  machinery  for  guaranteeing  them 
even  break  on  picture  costs.  Motion 
Picture  Daily  learns.  Further  evi- 
dence that  definite  viewpoint  on  in- 
dustry affairs  and  code  proposals 
have  been  voiced  in  high  Adminis- 
tration quarters  revealed  by  Motion 
Picture  Daily.  Deputy  Rosen- 
blatt states  no  final  decision  on  pre- 
mium give-aways  by  theatres  has 
been  made. 

Sept.  21. — Precedent  for  major  com- 
panies to  request  government  guar- 
antee on  recovery  of  picture  costs 
under  code  seen  in  oil  industry's 
code  provision  authorizing  govern- 
ment to  fix  prices  from  well  to  con- 
sumer and  proposal  in  the  retailers' 
code  that  no  sales  be  made  at  less 
than  market  cost,  plus  percentage  to 
cover  cost  of  operation.  Industry 
leaders  again  leave  New  York  for 
Washington  to  resume  conferences. 
Defense  of  the  Ross  Federal  Ser- 
vice's checking  system  prepared  b> 
Louis  Nizer,  attorney,  is  seen  to 
have  saved  system  from  extinction 
by  resulting  in  denying  of  code  ,3ro- 
posals  by  Deputy  Rosenblatt  which 
would  have  prohibited  checkers  from 
working  for  more  than  one  distrib- 
utor at  a  time. 

Sept.  22. — Deputy  Rosenblatt  resumes 
code  conferences.  Production  and 
distribution  executives  meet  during 
day  and  exhibition  group  makes  fur- 
ther progress,  although  failing  to 
agree  as  yet  on  such  much-discussed 
proposals  as  right  to  buy,  double 
features,  compulsory  block  booking 
and  score  charges.  Further  meetings 
with  Rosenblatt  scheduled  to  con- 
tinue over  week  end. 

Sept.  23-24. — Indications  are  wide 
powers  of  code  administration  will 
be  delegated  to  local  zoning  and  ar- 
bitration boards  as  result  of  the  in- 
creasing recognition  by  Deputy  Ros- 
enblatt of  difficulties  of  drafting  code 
universally  satisfactory  to  all  in- 
dustry elements.  Development  is  in 
line  with  tenor  of  first  tentative 
drafts  of  distribution  and  exhibition 
codes  drawn  by  M.P.P.D.A.  mem- 
bers and  exclusively  published  in 
Motion  Picture  Daily  June  21. 

Increased  costs  in  all  industry 
branches  under  code  admitted  by 
Rosenblatt.  M.P.P.D.A.  members 
continue  Washington  sessions  re- 
drafting and  revising  clauses.  In- 
dependent exhibitor  leaders  discuss 
advisability  of  new  organization, 
also  embracing  independent  pro- 
ducers and  distributors,  in  event 
code  provisions  are  not  to  tlieir  lik- 
ing, object  of  organization  being  of 
a  united  front  in  opposing  clauses 
deemed  detrimental  to  independent 
interests. 

Sept.  25. — Indications  that  Rosenblatt 
may  undertake  writing  of  industry 
code  himself  increase  as  industry 
factions   continue  to  wrangle  with- 


out reconciling  their  differences. 
Distributors  express  approval  of 
vesting  local  zoning  and  arbitration 
boards  with  wide  powers.  Rosen- 
blatt denies  reports  code  contem- 
plates setting  up  board  to  control 
industry  salaries.  Exhibition  group 
asks  authorization  of  44-hour  week 
for  operators,  as  opposed  to 
I.A.T.S.E.  proposal  of  36.  In- 
creased labor  cost  to  industry  will 
be  $9,000,000  annually  under  code, 
one   estimate   predicts. 

Sept.  26. — Deputy  Rosenblatt  reported 
to  have  passed  word  along  to  codi- 
fiers  control  of  star  salaries  and  au- 
thorization of  right  to  buy  must  go 
into  code  or  clauses  covering  those 
subjects  will  be  written  for  codifiers. 
Exhibition  and  labor  committees 
still  at  odds  on  code  provisions. 
Overseating  reported  due  for  con- 
sideration by  codifiers  with  possible 
regulation  in  draft.  Academy  files 
brief  with  Rosenblatt  protesting 
against  code  proposals  which  would 
restrict  earning  powers  of  stars  and 
declaring  for  freedom  of  open  bid- 
ding for  personal  services.  Confer- 
ences adjourn  till  Oct.  4  because  of 
Jewish  holidays,  with  majority  of 
codifiers  returning  to  New  York. 

Sept.  27. — First  draft  of  industry  code 
expected  to  be  completed  Oct.  2. 
Deputy  Rosenblatt  reported  to  have 
heard  all  arguments,  pro  and  con, 
on  major  issues  which  remain  to  be 
settled,  clearing  way  for  early  pre- 
paration of  first  code  draft. 
M.P.P.D.A.  members  continue  code 
meetings  in  New  York. 

Sept.  28.-— Deputy  Rosenblatt  again 
denies  talk  of  star  salary-fixing 
through  code,  terming  reports  that 
subject  had  been  up  for  discussion 
"thoroughly  ridiculous"  and  "in- 
spired propaganda,"  adding  he  knows 
"who  is  responsible"  for  them.  Al- 
lied, through  Abram  F.  Myers,  gen- 
eral counsel,  preparing  list  of  vio- 
lences committed  in  theatres  since 
1920,  traceable  to  labor  difficulties, 
for  presentation  to  Rosenblatt. 

Sept.  29.— Distributors  under  leader- 
ship of  Sidney  R.  Kent  prepared  to 
demand  right  to  sell  own  product 
to  their  own  or  affiliated  theatres  re- 
gardless of  what  probable  code  pro- 
vision on  right  to  buy  stipulates,  it 
is  learned. 

Sept.  30-Oct.  1. — Executive  council  of 
A.  F.  of  L.  submits  report  high- 
lighted by  petition  for  a  30-hour 
week  at  wage  levels  sufficient  to 
maintain  prevailing  scales.  Distrib- 
utors take  stand  if  double  featuring 
is  to  be  left  by  the  code  to  be  de- 
termined by  individual  exhibitor 
policy,  same  freedom  to  determine 
their  own  policy  on  the  subject 
should  be  granted  distributors.     In 

(Continued  on    faqe  27) 


Legal  Hurdles 

One  of  the  principal  rea- 
sons, perhaps  the  chief  one, 
for  the  lapse  between  com- 
pletion of  the  third  NRA  code 
draft  and  ultimate  signing  by 
the  President  is  generally 
attributed  to  legal  interpre- 
tation of  various  clauses  par- 
ticularly the  cash  penalty 
clause  imposed  upon  em- 
ployers for  encouraging  "un- 
conscionable salaries." 


Here's  some  Recovery  Action.    FOX  manpower 


ready...  as  usual...  with  six  releases ...  briminins 
with  box-off  ice...  brilliant  with  stars...  sparlfling  with 
entertainment.  Swell  samples  of  the  consistent  hits 
FOX  has  been  turning  out...month  after  month.  Lead 
the  upswing  in  your  town . . .  under  the  FOX  banner. 


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/^ 


•  Teaming  Will  and  Z.aSu  as  an 
auto-caravaning  couple  with  their 
brood... on  the  highways, in  the  auto 
camps  of  the  U.S.A.  A  carload 
of  romance  and  homespun  humor. 

WILL  ROGERS 

as 

MR.  SKITCH 

ivith 

ZASU  PITTS 


RochcUe  Hudson,  Florence 

Desmond,  Harry  Green 

Eugene  Pallette 

Based  on  the  story  "Green  Dice" 
by  Anne  Cameron 

Directed  by  James  Cruze 

Released  December  22 


....iirs  GO/ 


•  Lilian  Harvey  at  her  captivating 
best ...  3  sensational  revue  numbers 
' ' ' gorgeous  girls.. .  ecstatic  romance 
...  5  smash  songs .  .  .  plus  a  unique 
surprise  in  the  Teatro  dei  Piccoli 
puppets,   an  audience  sensation. 

I  AM  SUZAHNE/ 

with 

LILIAN 
HARVEY 

GENE  RAYMOND 
LESLIE  BANKS 

Podrecca's  Piccoli 
Marionettes 

Directed  by  Rowland  V.  Lee 

Jesse  L.  Lasky  production 

Released  January  5 


•  Delightful  romantic  comedy  by  the  author 
of  *  When  Ladies  Meet."  A  wife  who  took  a 
fling  in  Europe. . .  met  her  Paris  playmate  in 
Dubuque. . .  and  tried  to  explain  to  hubby. 

AS  HUSBANDS  GO 

with 

WARNER  BAXTER 

HELEN  VINSON 

WARNER  OLAND 

Catharine  Doucet 

From  Rachel  Crothers'  stage  hit 

Directed  by  Hamilton  MacFadden 

Jesse  L.  Lasky  production 

Released  December  29 


#f 


HOOPLA  STARTS  TO 


WHOOP  THINGS  UP 

Detroit  and  San  Francisco  first  to 
revel  in  Clara  Bovf's  magic  dra^ 

Detroit's  Fox  Theatre,  giant  5,000-seater, 
a  sell-out  with  town's  outstanding  busi- 
ness . . .  San   Francisco's  Warfield   hits 
SRO  from  opening,  in  record-breaking 
pace.  Fireworks  start  everywhere  on 
Thanksgiving    Day    (national 
release   date)   .  .  .  thanks 
to    FOX   manpower! 


CLARA  BOW 


Your  patrons 
always  like 

FOX 

MOVIETONE 

NEWS 


in 


HOOPLA 

with 

PRESTON    FOSTER 
RICHARD  CROMWELL 

HERBERT  MUNDIN  •  JAMES 
GLEASON  •  MINNA  GOMBELL 

From  the  play  "The  Barker"  by  John  Kenyon  Nicholson 
Stage  play  produced  by  Charles  L.Wagner 

Al  Rockett  Production  ^ 


Directed  by  FRANK  LLOYD 


-riday,  December  I,   1933 


MOTION  PICXVRE 

DAILY 


27 


Final  Stages  Marked  by  Delays 


(Continued  from  page  23) 
Other  words,  they  suggest  they  be 
given  the  right  to  decide  whether  or 
not  it  is  advisable  for  them  to  sell 
or  refuse  to  sell  product  to  double 
featuring  houses. 
Oct.    2. — Code     clauses     relating     to 
agents'  activities  and  to  star  raid- 
ing remain  uncompleted  as  codifiers 
prepare  to  resume  conferences.    W. 
Ray  Johnston,  Monogram  Pictures 
president,  continues  fight  for  unre- 
stricted double  featuring. 
Oct.  3. — Film  code-drafting  resembles 
progress  of  oil  code  to  point  that 
internal  elements  in  both  industries 
reveal    inability    to    provide    draft 
agreeable  to  all,  strengthening  indi- 
cations final  code  for  films  will  come 
from  NRA  itself,  rather  than  indus- 
try    codifiers.       Motion     Picture 
Daily    learns    exclusively    Rosen- 
blatt   has    already    completed    first 
draft,  embodying  set-up  of  the  code 
authority,  which  will  be  given  out 
to  codifying  groups  on  resumption 
of   sessions   tomorrow.     Set-up   of 
code   authority   includes    Sidney   R. 
Kent,  Nicholas  M.  Schenck,  Harry 
M.  Warner,  R.  H.  Cochrane,  George 
J.  Schaefer,  Al  Lichtman,   Charles 
L.  O'Reilly,  Ed  Kuykendall,  M.  E. 
Comerford,  W.   Ray  Johnston   and 
two    additional    independent    repre- 
sentatives, still  undecided. 
Oct.  4. — First  draft  of  industry's  code 
delivered  by  Deputy  Rosenblatt  as 
codifiers  reconvene  at  Washington, 
confirming  Motion  Picture  Daily's 
exclusive  story  of  the  day  before. 
Code  authority,  however,  not   con- 
tained in  draft,  and  will  not  be  re- 
vealed until   code  has  been   signed 
by  President  Roosevelt,  Rosenblatt 
says. 
Oct.   5. — Independent   factions,   repre- 
sented by  Federation  of  M.  P.  In- 
dustry, Independent  M.  P.  Produc- 
ers and  Distributors  Ass'n..   Allied 
States,  I.T.O.A.  and  T.O.C.C,  ad- 
vise   Deputy    Rosenblatt    they    are 
withdrawing  from  code  deliberations 
due  to  dissatisfaction  over  first  code 
draft.       Rosenblatt     declares     non- 
signers  will  have  none  of  its  benefits, 
may     file     no     complaints     against 
others     with  grievance  boards  but 
may  have  complaints   filed   against 
them  bv  code  signers. 
Oct.  6. — Discussions  of  proposals  con- 
tained in  first  draft  continue  with 
indications  no  vital   changes   to  be 
made  in  complete  code  expected  by 
Oct.     11.       Independent     insurgent 
group     relents     and     meets     again 
with    Rosenblatt    to    discuss    first 
dra  ft. 
Oct.  7-8. — Indications  are  Administra- 
tion   views    salaries    up    to    $2,000 
weekly  permissible  if  recipients  de- 
liver. 
Oct.   9.— -Doubtful^  legality    of   fixing 
maximum    salaries    believed    to    be 
shunting  proposal  away  from  code. 
Oct.     10. — Rosenblatt     issues     second 
draft  of  code,  described  as  "85  per 
cent  complete,"  in  which  no  men- 
tion is  made  of  star  salarv  regula- 
tion; believed  to  indicate  subject  has 
been  dropped  from  further  consid- 
eration on  inclusion  in  code. 
Oct.    11. — Dissatisfaction    over    code 
provisions  continues  in  several  quar- 
ters, threatening  to  delay  final  and 
complete  draft.     Abram   F.   Myers 
doubts    Allied   will   be    ignored   bv 
Rosenblatt  on  sought-after,  last  min- 
ute changes.     Lengthy  M.P.T.O.A. 


meeting  ends  with  decision  against 
signing     code      in     present      form. 
Oct.  12. — Split  within  Hays  organiza- 
tion   over    code    provisions,    which 
grew  out  of  differing  viewpoints  of 
Universal,  Columbia  and  United  Ar- 
tists   on    double    features,    tying    in 
shorts  with  feature  sales  and  salary 
control  proposals,  revealed  as  hav- 
ing been  averted.  Universal  and  Co- 
lumbia opposed  to  duals  and  tie-ins, 
U.   A.    opposed   to   salary   control ; 
with    all    other    Haysites    favoring 
these  proposals.     Personnel  of  code 
authority  reduced  to  10  instead  of 
12     industry     representatives     and 
three    government     representatives, 
latter  without  vote. 
Oct.     13. — Indicating     salary    control 
provisions  in  code  not  entirely  dead, 
new  draft  of  Article  10  provides  for 
fines  up  to  $10,000  for  those  paying 
"unreasonably    excessive"     salaries. 
Oct.  N-IS. — Proposal  to  regulate  ex- 
cessive salaries  by  fines  on  employ- 
ers, although  not  yet  approved,  re- 
garded as  legal  procedure  by  Dep- 
uty Rosenblatt. 
Oct.  16. — Rosenblatt  declares  final  15 
per  cent  of  code  proving  "trouble- 
some" and  many  changes  in  prospect. 
Oct.    17. — Third    draft    of    completed 
code  shaping  rapidly.    Few  changes 
expected.      Administrator     Johnson 
expresses  doubt  over  legality  of  any 
salary-fixing  proposal  in  code. 
Oct.    18. — Indications   at   Washington 
are  that  code  points  under  dispute 
will  be  settled  by  week-end.    Actors' 
Guild    sends    new    wire    protesting 
Article  5  to  U.  S.  Senator  Wagner 
and  William  Green,  president  Amer- 
ican Federation  of  Labor. 
Oct.  19.— Denuty  Rosenblatt  halts  re- 
port on  code  being  prepared  for  Ad- 
ministrator Johnson  in  order  to  hear 
further  orotests  of  independent  fac- 
tions   represented    by    members    of 
Federation  of  M.   P.  Industry  and 
AlhVd    States. 
Oct.  20. — Deputy  Rosenblatt  discusses 
legality  and  enforceabilitv  of  vari- 
ous   code    proposals    with    Deoart- 
ment  of  Justice.     M.  P.  T.  O.  A. 
reported  to  have  netitioned  NRA  for 
further  changes  in  code. 
Oct.  21-22. — Maior  comoanies  in  New 
York    reported    holding    back    code 
signatures  for  formal  announcement 
of  code  authority  make-up.     Deputv 
Rosenblatt    resumes    work    on    his 
code  report  nreparatorv  to  submit- 
ting  it    to    Administrator    Johnson. 
Oct.    23. — Deputv    Rosenblatt    reveals 
that    charges    have    been    made    to 
NRA    that    nrotests    against    codr 
wired  to  Washington  were  "faked" 
and    bore    fictitious    signatures     in 
some    instances.      Indicates    matter 
will    be    referred    to    Administrator 
Tohnson    and    Denartment    of    Jus- 
tice,       losenh     M.      Schpnck     and 
Samuel  Gnldwvn  resi"'n  from  Hol- 
lywood   M.    P.    Producers     Ass'n. 
o^'er  otynosine  views  on  Articl'^  5. 
Oct.  24. — Consumers  Advisorv  Board 
at      Washington      aonroves      rode. 
Deputv  Rosenblatt  renorted  readv  to 
submit  nact  to  Administrator  Tohn- 
son   soon.      Allied    Statps    Chicap-n 
mass  meeting  votes  to  take  code  ob- 
iecti'Tis    dtrer^    to    President. 
Orf.  25. — New  York  hears   President 
is    readv   to    sign   code.     Report    is 
unconfirmed    at   Washington    where 


pact    is   said   not   to  have  been   de- 
livered to  White  House  yet.    Allied 
States    sees    organization    strength- 
ened by  its  Chicago  attack  on  Depu- 
ty   Rosenblatt    and   code    procedure. 
Oct.  26. — Illness  of  Deputy  Rosenblatt 
repo'"ted    to    have    held    up    further 
progress   of   code ;    holding    it    back 
from    Administrator    Johnson    and 
White  House. 
Oct.    27. — Code   delivered   to    General 
Johnson    but    unnamed,    new    objec- 
tions   halt    its    progress    to    White 
House     for     President's     signature, 
Washington  hears.    All  major  com- 
panies   with    exception    of    United 
Artists    sign    code. 
Oct.   28-29. — Major   distributors   indi- 
cate   they    will    accord    all    benefits 
granted  exhibitors  by  code  to  those 
who  have  already  signed  new  season 
contracts,    although   code   is   not    to 
be   retroactive. 
Oct.    30. — Deputy    Rosenblatt    scores 
"selfish"   exhibitor   interests  attack- 
ing code  in  address  to  Southeastern 
Exhibitors  Ass'n.  at  Atlanta  meet- 
ing. 
Oct.  31. — Allied  leaders  summoned  by 
Administrator  Johnson   for  hearing 
on  code  objections. 
Nov.    1. — New    delay    in    delivery    of 
code    to    White    House    for    Presi- 
dent's   signature    develops    as    Ad- 
ministrator Johnson  turns  pact  over 
to   Col.    W.    R.   Lea,   his    executive 
adviser,  for  studv. 
Nov.     2. — M.P.P.D.A.      signs     code. 
NRA  seen  prepared  to  enforce  any 
provisions  of  code  to  curb  excessive 
salaries  by  utilizing  salary  data  be- 
ing   collected    by     Federal     Trade 
Commission. 
Nov.  3. — Administrator  Johnson  com- 
pletes   his    report    on    code,    giving 
rise   to   belief   it   may   be   delivered 
to    White    House    tomorrow,    prior 
to    Johnson's    departure    on    10-day 
speaking      tour.      Independent      ex- 
hibitor,    distributor     and     producer 
leaders    in    New    York    reveal    dis- 
position  to   end   opposition   to   code 
and  give  pact  "working  chance." 
Nov.   4-5. — Reports   of  Administrator 
Tohnson  and  Col.  Lea  on  code  be- 
lieved    ready     for     submission     to 
White  House  within  next  few  days. 
Denuty     Rosenblatt    cleared    of 
charges  of  mishandling  of  film  code, 
made   by   Allied    States   at   Chicago 
mass    meeting,    following    investiga- 
tion bv  General  Tohnson. 
Nov.    6-7. — New    delays    in    readying 
code  for  President's  signature  arise 
as   Col.   Lea   reveals  he   is   seekin? 
"further    data    on    certain    clauses." 
Nov,      8.  —  Washington     sees     r\o 
Presidential  sienature  for  code  until 
Chief    Executive     goes     to     Warm 
Sr)rin<rs.    Ga..   for    rest,    after    Nov. 
17       Lester      Cowan      and      Maior 
Nathan    Levinson    resif^n    Academv 
nosts  as  result  of  code  discord  with- 
in otrrqnization. 
No7K    9.    —    WashinTtnn    learns    no 
rnde   action   likolv  before   return   to 
Washineton    nf    General     Tohnson: 
further     snbstantiatinsr     belief     that 
Prptslffent's    sip-nature    will    not    be 
affiled    until    Warm    Springs.    Ga. 

Nov.  10. — New  rode  delav  reported 
over  reduction  of  wasre  rlassifira- 
tions  in  production  section  from 
58  to  four. 


Nov.    11-12. — New    York    executives 
discount     report     that     revision     of 
production  labor  classifications  holds 
up  code. 
Noi'.  13. — -Washington  learns  decision 
un  reducing  unskilled  labor  groups 
to  four  classifications  being  left  up 
to  Administrator  Johnson. 
Nov.    14. — M.    P.    Daily   learns   that 
Article    5,    designed    to    end    secret 
negotiations   for   star   services,  may 
be  dropped  from  code. 
Nov.    15. — Allied   States   proposes  re- 
writing of  code  by  "really  big  man." 
Nov.    16. — M.P.T.O.A.    code    analysis 
reveals   all  but   three   of   37   of   or- 
ganization's original  code  proposals 
for   exhibition   have   been   incorpor- 
rated  in  NRA  draft  either  in  whole 
or   in  part.      Only  two  major  pro- 
posals,  control   oj   double   featuring 
and  banning  of  score  charges,  miss- 
ing from  draft. 
Nov.   17. — Administrator  Johnson  de- 
clares he's   "not  yet   satisfied"   with 
code ;    but    fails    to    give    reasons. 
Nov.  18-19. — Joseph  M.   Schenck,  ar- 
riving in  New  York,  scores  Article 
5 ;    saying    it    "demoralizes''    indus- 
try ;   calls  code  "temporary." 
Nov.    20. — Washington    hears    Presi- 
dent   will    receive    code    at    Warm 
Springs,    Ga.,    Nov.   24.      Adminis- 
trator   Johnson    to    take    pact    with 
him  on  visit  to  "little  White  House." 
Joseph    M.     Schenck    leaves    New 
York  for  Warm  Springs  to  confer 
with    President   on  code. 
Nov.  21. — Administrator  Johnson  de- 
clares code  now   in  form  in  which 
he    is    "willing    to    recommend    it." 
Report   code   not   to    figure   in   dis- 
cussion with  either  Schenck  or  Ed- 
die Cantor  at  "little  White  House." 
Nov.    22.— Code    will    create    25,000 
jobs,  Deputy  Rosenblatt  tells  meet- 
ing    of     M.P.T.O.     of    Wisconsin. 
Cantor  confers  with  President. 
Nov.  23. — Administrator   Johnson  de- 
parts for  Georgia  taking  code  with 
him      for      President's      signature. 
Iowa-Nebraska    exhibitors    unit    to 
retain  Lester  Martin  despite  Allied 
ouster. 
Nov.  24. — Administrator  Johnson  ar- 
rives in  Warm  Springs  and  confers 
with  President.  Code  signature  ex- 
pected   momentarily.    Ed    Kuyken- 
dall, M.P.T.O.A.  president,  predicts 
theatre    labor    peace    as    result    of 
code    provisions,    in   address   to   St. 
Louis  exhibitor  unit. 
Nov.    25-26. — Administrator    Johnson 
still      with      President     at      Warm 
Springs,    with    both    "little    White 
House"  there  and  Washington  still 
unadvised  of  code  signing. 
Nov.   27. — Code   signed  by   President 
Roosevelt.       Eddie    Cantor,    Marie 
Dressier     and     Dr.     A.     Lawrence 
Lowell,    former    president    of    Har- 
vard, and  active  worker  for  M.   P. 
Research    Council,    named    to    code 
authority    by    President.       Writers 
and      dramatists      exempted      from 
salary   provisions   of   code   for   trial 
period. 
Nov.   28. — Personnel   of  code  author- 
ity announced  by  General   Johnson 
at   Atlanta   on   way   to   Washington 
from  Warm   Springs. 
Nov.  29. — Final  text  of  code  released 
ofl^cially     by     General    Johnson    in 
Washington. 


ONLY 

VBTERDAY 


M^t' 


>1 


;^INVIUBLE 

NAN 


COUNSELIOR 

AT  LAW 


30 


MOTION  PICTURE 

DAILY 


Friday,  December  I,  1933 


Cancellation  and  Contract  Terms 


(Continued  from  page  18) 
ture.    In  such  cases  the  said  Local  Board 
shall    proceed    to    determine    the    matter 
upon  forty-eight   (48)   hours'  notice  if  the 
Distributor    so    desires. 

(c) — If   the  said   Local  Board   shall  sus- 
tain  the   claim   of   the    Exhibitor: 

(1)   the  Distributor  shall  have  the  right 
to   designate    for   the   same   day   or   dates 
another    motion    picture    licensed    upon    a 
percentage     basis,      upon      the      same     or 
similar    terms    as    the    motion    picture    in 
question,   if  there  be  one  licensed;  and  to 
designate   the   motion   picture   objected    to 
for  a  later  date  or  dates  but  upon  another 
day    or  other   days  of   the  week;    and    (2) 
the   award  of   the   said   Local  Boar_d   shall 
not    be    deemed    to    apply    to    any    other 
theatre  in  the  same  or  any  other  location, 
(d)— Where  because  of  a  proceeding  be- 
fore a   Local  Grievance  Board,  or  because 
of  an  award  of  such  Local  Board,  it  shall 
be    impractical    to    serve    subsequent -run 
Exhibitors  in  compliance  with  any  notice 
of    availability    or    confirmed    play_  dates 
given  any  such  subsequent-run  Exhibitors, 
the    Distributor    shall    have    the    right    to 
change  such  play  dates. 
Part    10.— No   Distributor    shall    refuse    to 
deliver  to  any  Exhibitor  any  feature  motion 
picture  licensed  under  an  exhibition  contract 
therefor    because    of    such    Exhibitor's    de- 
fault in   the  performance  of  any  exhibition 
contract    licensing    the    exhibition    of    short 
subjects  of  such  Distributor,  or  vice  versa, 
provided     such     Exhibitor     has     agreed     to 
arbi     trate     all     claims     and     controversies 
arising  under  all  existing  Optional  Standard 
License     Agreements     between     them. 
Part   11.— 

(a)   If  any   Exhibitor   has  contracted   to 
exhibit  more   than   fifty   i>ercent   (50%)   of 
the   total  number  of  motion  pictures   an- 
nounced    for    release     during    any    given 
season    by    a    Distributor    and    such    Dis- 
tributor shall  during  such  season  generally 
release     any     feature     motion     picture    in 
addition    to    the    number    so    announced, 
such    Distributor   shall    first    offer   to   the 
Exhibitor  for  license   such  additional  mo- 
tion   pictures    for    exhibition    at    the    Ex- 
hibitor's   theatre,    provided    that    at    the 
time    of    such    offer    such    Exhibitor    shall 
have    duly    performed    all    the    terms    and 
conditions   of   all   existing   exhibition   con- 
tracts   between    such    Exhibitor    and   Dis- 
tributor and  is  not  in  default  thereunder, 
(b) — In  cases  where  two  Exhibitorshave 
each    contracted    to    exhibit,    respectively, 
an  equal  division  (i.e.,  50%)  of  the  number 
of  motion   pictures   announced  _  for   release 
by  a  Distributor  during  any  given  season, 
and  the  Distributor  shall  generally  release 
during    such    season    any    feature    motion 
picture   in  addition  to  the  number  so  an- 
nounced, such  Distributor  shall   first  offer 
such  additional  motion   picture  for  license 
to  one  of  such   Exhibitors,   in  the  discre- 
tion  of  the   Distributor,   provided   that  at 
the  time  of  such  offer  such  Exhibitor  shall 
have    duly   performed    all    the    terms    and 
conditions   of   all   existing   exhibition   con- 
tracts  between    such    Exhibitor    and   Dis- 
tributor and  is  not  in  default  thereunder. 
Part    12. — In    each    territory    wherein   any 
Distributor    maintains    an    exchange,    such 
Distributor    shall    abide    by    the    regulations 
promulgated  by  the  Code  Authority  for  the 
prevention    of    fire,   for    the   holding   of   fire 
drills,    and    rigid    monthly    inspections,    the 
inspection   of  prints,   the   storing  of  inflam- 
mablematerial,  the  maintenance  and  testing 
of  sprinkler  systems  and  fire  extinguishers, 
the    avoidance   of   smoking   and    other   cau- 
tions,  methods    and   devices   to   protect   the 
lives    of   employees    and    the    public   and    to 
insure    safety    against    fire    hazards. 

E. — Exhibitors. 

Part  1. — Any  Exhibitor  entering^  into_  a 
contract  for  the  exhibition  of  motion  pic- 
tures which  permits  the  Ejchibitor  to  select 
from  the  total  number  of  pictures  licensed 
less  than  eighty-five  percent  (85%)  of  the 
total  number,  and  to_  reject  the  remainder, 
shall  by  written  notice  to  the  Distributor 
reject  each  of  such  motion  pictures  not  to 
exceed  the  number  which  may  be  rejected, 
within  twenty-one  (21)  days  after  its  date 
of  availability  in  the  exchange  territory 
wherein  is  located  the  Exhibitor's  theatre, 
and  upon  the  Exhibitor's  failing  to  give  such 
notice  of  rejection,  each  of  such  pictures 
shall  be  deemed  to  have  been  selected. 
_  Part  2. — No  Exhibitor  shall  contract  for  a 
license  to  exhibit  more  motion  pictures  than 
stich  Exhibitor  reasonably  shall  require  for 
exhibition  in  any  theatre  or  theatres  oper- 
ated by  such  Exhibitor,  with  the  intent  or 
effect  of  depriving  a  competing  Exhibitor 
from  contracting  to  exhibit  such  excess 
number  of  motion  pictures,  provided,  how- 
ever, that  nothing  herein  contained  shall 
be  deemed  to  prohibit  anv  Exhibitor  from 
contracting  for  a  reasonable  number  of  mo- 


tion pictures  in  excess  of  the  number 
which  are  actually  to  be  exhibited  in  the 
theatre  or  theatres  of  such  Exhibitor  in 
order  to  reasonably  protect  such  Exhibitor 
against    non-delivery    of    motion    pictures. 

Part  3.— 

Section  1. — No  Exhibitor  shall  (a)  lower 
the  admission  prices  publicly  announced 
or  advertised  for  his  theatre  by  giving  re- 
bates in  the  form  of  lotteries,  prizes,  re- 
duced script  books,  coupons,  throw-away 
tickets,  or  by  two-for-one  admissions,  or  by 
other  methods  or  devices  of  similar  nature 
which  directly  or  indirectly  lower  or  tend 
to  lower  such  announced  admission  prices 
and  which  are  tmfair  to  competing  Ex- 
hibitors, or  which  deceive  the  public;  or 
(b)  fail  at  all  times_  to  maintain  the  mini- 
mum price  of  admission  specified  in  any 
contract  licensing  the  exhibition  of  any 
motion  picture  during  the  exhibition 
thereof.  This  Section  shall  not  be  deemed 
to  prohibit  Exhibitors  from  reducing  or  in- 
creasing their  admission  scales  as  they  see 
fit,  except  as  may  be  prohibited  by  exhibi- 
tion   contracts. 

Section  2. — ^The  giving  of  rebates  such  as 
premiums  in  the  form  of  gifts  or  other 
things  of  value  shall  be  deemed  to  be 
included  within  the  provisions  of  Section  1 
of  this  ARTICLE  in  those  areas  as  shall 
be  defined  by  each  local  Clearance  and 
Grievance  board,  where  the  Exhibitors 
operating  not  less  than  seventy-five  per- 
cent (75%)  of  the  number  of  the  then 
actively  and  continuously  operated  theatres 
not  aiTiliated  with  Distributors  or  Producers 
and  the  Exhibitors  operating  not  less  than 
seventy-five  percent  (75%)  of  the  number  of 
the  then  actively  and  continuously  operated 
theatres  affiliated  with  Distributors  or  Pro- 
ducers have  both  declared  in  writing  that 
the  giving  of  rebates  in  such  form  shall  not 
be  permitted.  For  the  purpose  of  such 
declaration  each  Exhibitor  shall  be  entitled 
to  one  vote  for  each  theatre  then  actively 
and  continuously  operated  by  such  Ex- 
hibitor. 

Section  3. — In  case  any  Eochibitor  is  found 
after  notice  and  hearing  by  a  Local  Griev- 
ance Board  provided  for  in  this  _  Code,  to 
have  violated  any  provision  of  this  PART, 
and  if  such  Local  Board  shall  on  account 
thereof  declare  that  such  Exhibitor  _  shall 
not  be  permitted  to  license  the  exhibitipii  of 
any  motion  picture  unless  the  Exhibitor 
ceases  and  desists  from  such  violation,  the 
Local  Grievance  Board  shall  have  power  to 
direct  that  Distributors  of  motion  pictures 
shall  refuse  to  enter  into  license  contracts 
for  the  exhibition  of  their  respective  mo- 
tion pictures  by  such  Exhibitor  and  shall 
refuse  to  make  further  deliveries  of  motion 
pictures  to  such  Exhibitor  under  existing 
license  agreements  executed  after  the  effec- 
tive date  of  this  Code  if  the  Exhibitor  fails 
or  refuses  to  so  cease  and  desist. 

Section  4. — Notwithstonding  any  action 
which  may  be  taken  by  the  Exhibitors  in 
anv  area  as  above  in  this  Part  3  defined, 
ruling  out  the  giving  of  rebates  as  defined  in 
Section  1  hereof.  such_  ruling  shall  not  he- 
come  effective  until  ninetv  (90)  days  after 
such  action  on  the  part  of  such  Exhibitors 
as    aforesaid. 

Part  4. — No  Ekhibitpr  shall  transfer  the 
ownership  or  possession  of  a  theatre  or 
theatres  operated  by  any  such  Exhibitor  for 
the  purpose  of  avoiding  uncompleted  con- 
tracts for  the  exhibition  of  motion  pictures 
at  such  theatre  or  theatres.  Any  disputes 
or  controversies  with  respect  to  any  transfer 
shall  be  submitted  to  and  determined  by  a 
Local  Grievance  Board,  and  the  findings  of 
such  Board  shall  be  binding  upon  all  parties 
concerned. 
Part   5.— 

(a^- No  Exhibitor  licensed  to^  exhibit  a 
motion  picture  subsequent  to  its  exhibi- 
tion by  another  Exhibitor  having  the  right 
to  a  prior  run  thereof  shall  advertise  such 
motion  picture  by  any  means  of  advertis- 
ing prior  to  or  during  its  exhibition  by 
such    other   Exhibitor. 

fb) — Notwithstanding  anything  herein 
contained,  in  the  event  any  Exhibitor 
shall  make  complaint  that  the  restrictions 
embraced  in  this  PART  work  an_  unfair 
hardship  on  him.  the  TyOcal  Grievance 
Board  shall  have  the  riorht  to  hear  such 
complaint  and  after  determination  of  the 
facts  nresented  shall  fix  and  specify  the 
time  limit  within  which  such  Exhibitor 
may  advertise  suoh  motion  nlctnre:  nro- 
vlded.  however,  that  shmild  the  subse- 
quent-run Exhibitor  be  granted  permission 
to  advertise  before  the  comnlejion  oj  said 
prior  run.  he  shall  not  advertise  prior  to 
the  commencement  of  said  prior  run.  nor 
shall  he  have  the  right  to  advertise  in 
anv  way.  shape,  manner  or  form,  orissiie 
any  statement  that  the  nrlces  of  admission 
are  or  will  be  less  than  the  admission 
prices  charged  by  the  Exhibitor  _  having 
the  first  or  prior  run  of  such  motion  pic- 


ture; provided  further,  however,  that  such 
subsequent-run  Exhibitor  may  be  granted 
the  right  in  cases  where  the  run  of  such 
Exhibitor  follows  the  prior  run  in  or 
within  a  period  of  seven  (7)  days,  to 
advertise  upon  the  screen  of  the  Exhibitor 
or  to  distribute  within  the  Exhibitor's 
theatre  a  printed  program  or  mail  such 
printed  program  to  a  list  of  regular 
patrons,  such  programs  to  be  limited  to 
announcement  of  the  motion  picture  which 
wil  be  there  exhibited  during  the  period 
of  not  more  than  seven  (7)  days  imme- 
diately   following. 

(c)— .Nothing  herein  contained  shall  be 
deemed  to  prohibit  any  Exhibitor  from 
advertising  generally  all  of  the  _  feature 
motion  pictures  licensed  for  exhibition  by 
such  Exhibitor  as  a  group,  but  such 
general  advertising  shall  not  refer  to  any 
one  of  such  motion  pictures  at  any  time 
prior  to  its  exhibition  by  any  other  Ex- 
hibitor having  the  first  pr  immediately 
prior  run  thereof  excepting  as  herein- 
above provided. 

Part  6.— To  prevent  disturbance  of  the 
continued  possession  of  a  theatre  by  an 
Exhibitor,  it  shall  be  an  unfair  trade  prac- 
tice for  any  person  engaged  in  the  motion 
oicture  industry  knowingly  and  intentionally, 
directly  or  indirectly,  to  interfere  with  t>end- 
Ing  negotiations  between  such  Exhibitor  and 
any  other  party  pertaining  to  or  affecting 
the  possession,  operation  or  occupancy  of 
any  such  theatre  then  actually  operated  by 
such  theatre  thegleftheCSHRDLUPUPUU 
such  Exhibitor,  or  in  respect  of  any  modifi- 
cation, renewal  or  extension  of  any  agree- 
ment affecting  the  same,  for  the  purpose 
of  preventing  the  consummation  of  such 
negotiations  so  as  to  deprive  such  Exhibitor 
of  the  continued  operation,  possession,  or 
occupancy    of    such    theatre. 

Part  7. — No  Exhibitor  shall  exhibit  a 
motion  picture  previous  to  dawn  of  the 
first  licensed  and  booked  day  of  exhibition 
without  securing  express  written  permission 
therefor  under  the  license  agreement. 

F. — Distributors-Exhibitors. 

Part  1. — The  so-called  Optional  Standard 
License  Agreement  (19.13)  negotiated  by 
Exhibitors  and  now  being  used  by  a  large 
number  of  Distributors  shall  be  the_  form 
of  license  contract  to  be  used  by  Distrib- 
utors for  licensing  the  exhibition  of  motion 
nictiires.  unless  the  parties  mutually  agree 
that  a  different  form  be  used,  and  excepting 
that  in  case  any  _  condition  or  provision 
thereof  is  in  conflict  or  Inconsistent  with 
any  nrovision  of  this  Code,  such  condition 
or  provision  of  said  Optional  Standard  Li- 
cense Agreement  shall  be  deemed  amended 
to  conform  with  such  provision  of  this  Code. 
It  being  the  intention  that  the  proxnsloris 
of  this  Code  shall  govern.  _  Individual  Dis- 
tributor sales  policy  nrovislons  may  be  in- 
serted in  the  Schedule  of  such  form  but 
shall  not  he  contradictory  of  any  pro- 
visions thereof. 
Part   2.— 

(a) — The  arbitration  of  all  disputes^  be- 
tween ExhibItors_  aiid  Distributors  arising 
under  anv  exhibition  contract.  If  the 
nartles  shall  agree  on  arbitration,  .shall 
be  In  accordance  with  the  optional  arbitra- 
tion clause  of  the  so-called  Optional 
Standard  License  Agreement,  provided  for 
In  this  Code,  except  as  the  nrovlsions  of 
such  clause  mav  be  modified  by  the  pro- 
visions  of   this    Code, 

(b)^By  stimilation  of  the  parties  to  any 
dispute  growing  out  of  an  exhibition  con- 
tract,   the    number    of    arbitrators    to    be 
appointed   by    each   party   may  he  reduced 
to   one,    with   T>ower   In    the    two  thus   ap- 
pointed.    If    they    cannot    agree    upon     an 
award,    to  appoint   an   timpire   as  provided 
In   said  ontlonal  arbitration  clause. 
Part  3. — No  Exhibitor  or  Distributor  shall 
induee  or  seek  to  Induce  the  breach   of  any 
subsisting  contract   licensing  the  exhibition 
of  motion  pictures. 

Part  4. — No  Exhibitor  or  Distributor  shall 
give  any  eratulty  or  make  any  offer  of  any 
gratuity  for  the  purpose  of  procuring  ad- 
vantages that  would  not  otherwise  be  pro- 
curable, or  as  an  Inducement  to  Influence 
a  Distributor  or  Exhibitor,  or  representa- 
tive of  either  not  to  deal  with  anv  compet- 
Ine  or  other   Exhibitors,  or  Distributors. 

Part  S. — No  Exhibitor  or  Distributor  shall 
make  any  disclosure  of  box  office  receipts 
for  nuMicatlon  except  necessary  reports  to 
stockholders,  credit  and  governmental  agen- 
cies and  to  other  like  bodies. '  No  Exhibitor 
or  Distributor  shall  be  resrvonslble  for  dis- 
closures in  violation  of  this  PART  made 
by  agents  not   authorized   to  do  so 

Part  6.— 

(a) — If  in  anv  license  agreement  for  the 
exhibition  of  feature  motion  pictures  the 
Exhibitor  has  contracted  to  exhibit  all  of 
the  motion  pictures  offered  at  one  time 
by    the    Distributor   to   the    Exhibitor   and 


the  license  fees  of  all  thereof  average 
not  more  than  $250.00,  the  Exhibitor  shall 
have  the  privilege  to  exclude  from  such 
license  agreement  not  to  exceed  ten  per- 
cent (10%)  of  the  total  number  of  the 
motion  pictures  so  licensed;  provided  the 
Exhibitor 

(1) — is  not  in  default  under  such 
license   agreement,   and 

(2) — shall  have  complied  with  all 
the  provisions  thereof,  if  any,  for  the 
exhibition  of  such  motion  pictures  at 
specified   Intervals. 

(b) — Such  privilege  of  exclusion  may  be 
exercised  only  upon  the  following  terms 
and   conditions: 

(D— The  Exhibitor  shall  give  to  the 
Distributor  written  notice  of  each  motion 
picture  to  be  excluded  within  fourteen 
(14)  days  after  the  general  release  date 
thereof  in  the  exchange  territory  out 
of  which   the   Exhibitor  is  served. 

(2) — The  Exhibitor  may  exclude  with- 
out payment  therefor  one  (1)  motion  pic- 
ture of  each  group  of  ten  (10)  of  the 
number  of  feature  motion  pictures  speci- 
fied in  the  license  agreement  provided 
he  has  paid  for  the  other  nine  (9)  of 
such  group. 

(3) — If  such  privilege  of  exclusion  is 
not  exercised  as  provided  in  paragraph 
(b)  (2)  above,  the  Exhibitor  may  never- 
theless exercise  such  privilege  by  paying 
the  license  fee  of  each  motion  picture 
excluded  with  the  notice  of  its  exclusion. 
In  such  case,  such  payment  shall  be 
credited  against  such  tenth  or  succeed- 
ing tenth  motion  picture,  as  the  case 
may  be,  which  _  the  Ebchibitor  would 
otherwise  be  privileged  to  exclude  as 
provided  In  paragraph  (b)   (2)  above. 

If  the  only  or  last  group  licensed  is 
less  than  ten  (10)  and  more  than  five 
(5)  motion  pictures,  the  privilege  to  ex- 
clude shall  apply  provided  the  Exhibitor 
has  paid  for  all  motion  pictures  but 
one   of  such  group. 

(c)— Upon  the  failure  or  refusal  of  the 
Exhibitor  to  comply  with  any  term  or 
condition  of  such  license  agreement,  or  to 
comply  with  any  arbitration  award  in 
respect  thereto,  the  privilege  of  exclusion 
forthwith  shall  be  revoked  and  the  Ex- 
hibitor shall  be  liable  for  and  pav  to  th 
Distributor  the  license  fees  of  all  motion 
pictures    theretofore    excluded. 

(d) — If   the    license    fee    of    any    feature 
motion    picture    specified    in    the    license 
agreement  Is  to  be  computed  in  whole  or 
in  part  upon  a  precentage  of  the  receipts 
of  the  Exhibitor  s  theatre,  such  license  fee 
(for  the  purpose  of  computing  the  average 
license   fee   of   all   of  the   motion   pictures 
licensed)   shall  be  determined  as  follows: 
(l)-^Average  the  license  fees  of  all  the 
Distributor's  feature  motion  pictures  ex- 
hibited  upon   a   percentage  basis  at  the 
Exhibitor's    theatre,    during    the    period 
of  one   year  prior   to   the   term  of  such 
license  agreement. 

(2) — If  none   of  the   Distributor's   fea- 
ture motion  pictures  were  exhibited  upon 
a  percentage  basis  at  such  theatre  dur- 
ing said  period,  average  the  license  fees 
of  all   feature   motion  pictures  exhibited 
upon  a  percentage  basis  at  such  theatre 
during   the   said   period, 
(e) — If  the  rental  of  any  motion  picture 
excluded    is   to  be   computed   in   whole   or 
in  part  upon_  a  percentage  of  the  receipts 
of  the  Exhibitor's  theatre,  the  sum  to  be 
paid    by    the    Exhibitor    as    provided    in 
paragraph    (b)    (3)    hereof    shall    be    de- 
termined as  follows: 

(D— Average  the  gross  receipts  of  all 
the  Distributor's  feature  motion  pictures 
exhibited  at  the  Exhibitor's  theatre  dur- 
ing the  ninety  (90)  day  period  preceding 
the  Exhibitor's  notice  of  exclusion,  and 
apply  to  such  average  the  percentage 
terms  specified  in  the  license  agreement 
for   the  picture  excluded. 

(2) — If  no   feature   motion   pictures   of 
the    Distributor    were    exhibited    at    the 
Exhibitor's    theatre    during    said    ninety 
(90)  day  period,  average  the  daily  gross 
receipts    of   the    Exhibitor's    theatre   for 
the  period  of  thirty  (30)  operating  days 
preceding  the   Exhibitor's   notice  of  ex- 
clusion  and   apply   to   such   average  the 
percentage  terms  specified  in  the  license 
agreement  for  the  picture  excluded, 
(f)— In  computing  the  number  of  feature 
motion   pictures    which    may   be   excluded 
hereunder,    fractions    of    more    than    one- 
half  CA)  shall  be  regarded  as  one  (1). 

(g)— Upon  the  exclusion  of  each  feature 
motion  picture,  the  license  therefor  and 
all  rights  thereunder  shall  terminate  and 
shall  revert  to  the  Distributor. 

(h) — The     Optional      Standard      License 
Agreement  referred  to  in  PART  1  hereof 
(Continued  on  paqe  32) 


MILLION  DOLLAR  MELODY"  STRIKES 
BOX-OFFICE  TUNE;  "HAS  EVERYTHING 

Educational's  First  Musical  Comedy  Runs  Full  Scale 
of  Laughter  and  Song  Entertainment;  Public 
Responds  to  Big  Name  Short  Features 


JL^d 


ducational's  new  big-star-name  short  features  have 
struck  the  box-office  keynote.  This  is  evident  from  the 
chorus  of  praise  greeting  these  showmen's  short  subjects. 
"Million  Dollar  Melody,"  the  first  musical  comedy  in  this 
sensational  series,  is  swelling  the  Box-Office  Hallelujah  at 
the  original  Roxy.  The  astute  Film  Daily  critic  reports: 
"A  girlie-musical  with  a  real  story  that 
has  everything  it  is  possible  to  put  into 
two  reels  of  melodic  entertainment." 

Exhibitors  who  enjoy  that  sweet  music,  will  join  in  the  "Mil- 
lion Dollar  Melody"  chorus 
when  they  show  this  smart 
Jack  White  production. 


But  This  Review  Is  News 


100  Per  Cent  Circuit  Sales 

The  big  showmen  who  run  th«-country's 
great  c\mkxs  know  the  value  of  the  big 
namdll^llyilli  is  putting  in  its  short 

i^^wpl^pam  through  Fox  Exchaa 
has  justreached  100  percetttcoverage,with 
circuit  representation  in  every  terrr 


Taking  in  a  private  screening  of  new 
Educational  Pictures  in  his  stroll  "Along 
The  Rialto,"  Phil  M.  Daly  wrote: 

"There  was  a  first-class  exhibit  of  car- 
toon technique  in  Paul  Terry -Toon's 
"BeaiMfalk  Jack". . .  but  Paul's  oytfit-haC, 
been  turning  out  class  cartoons  fofojIQ. 
many  years  that  it  hardly  constitutesr^w^ 
. . .  a  wmner . .  .very  clever  and 
should  prove  immensely  popul; 


1^"IVII 


LILLIAN 

ROTH 

who  sings  new  song  hits  by  James  Hanley 
and  Benny  Davis  in 


MILLION 


EDDIE 
CRAVEN 

featured  "with  Lillian  Roth 
in  "MILLION  DOLLAR 
MELODY"  as  the  como 
poser  who  had  to  "die"  to 
become  fiunous. 


"(^hi,c.„/,cncU'  Ol.Uxti^ 


DISTRIBUTED  IN  U.  S.  A.  BY 
FOX  FILM  CORPORATION 


A"lrf  r  ERNEST 

TRUEX 

as  a  nudist  camp  recruit 


u 


If 


MR.  ADAM 

An  Al  Christie  Production 

Stack  this  one  up  against  the 
best  of  this  or  any  other  season. 
Adam's  battle  against  joining 
the  Nudiesforhis  health  is  a  riot 
of  comedy  that  just  can't  miss. 


\ 


32 


MOTION  PICTURE 

DAILY 


Friday,  December   I,   1933 


Provide  Qrievancey  Zoning  Boards 


(.Continued  from  paye  30) 
shall  be  deemed  amended  by  substituting 
in  place  of  Article  FIFTEENTH  p!  such 
contract  the  provisions  of  this  PART. 

ARTICLE  VI 

PART  1. — Clearance  and  Zoning 
Boards 

Section  1. — To  provide  against  clearance 
of  unreasonable  length  and/or  area  in  any 
exchange  territory,  fair,  just,  reasonable 
and  equitable  schedules  of  clearance  and 
zoning  may  be  prescribed  by  a  Local  Clear- 
ance and  Zoning  Board  created  for  such 
territory. 

Section  2.— Each  such  Board  shall  be  ap- 
pointed by  the  Code  Authority  and  sh^Il 
consist  of  two  representatives  of  Distrib- 
utors, one  of  whom  shall  be  a  National 
Distributor  with  theatre  affiliations  and  one 
of  whom  shall  be  a  Distributor  without 
circuit  theatre  affiliations;  two  representa- 
tives of  first-run  theatres  located  in  such 
territory,  one  of  whom  shall  be  an  aflfiliated 
Exhibitor,  if  there  be  one,  and  one  of  whom 
shall  be  an  unaffiliated  Exhibitor;  and  two 
representatives  of  subsequent-run  unaffili- 
ated theatres  operating  within  such  terri- 
tory; and  one  person  approved  by  the 
Administrator  who  shall  have  no  direct  or 
indirect  affiliation  with  any  branch  of  the 
motion  picture  industry  who  shall  be  re- 
garded as  the  impartial  representative  of 
the  Code  Authority  and  who  shall  vote 
on  any  question  before  the  Board  only 
in  the  case  where  the  Board  is  deadlocked. 
There  shall  be  a  Chairman  of  each  Board, 
selected  by  a  majority  vote  of  the  members 
of  the  Board.  Any  vacancy  in  the  Board 
shall  be  filled  from  the  class  of  members 
in    which    the    vacancy    occurred. 

Section  3. — B^ch  Local  Clearance  and 
Zoning  Board  shall,  promptly  after  its  crea- 
tion, and  prior  to  January  1,  1934,  and 
prior  to  January  1st  of  each  year  there- 
after, formulate,  prescribe  and  publish  for 
its  territory,  schedules  of  clearance  as  in 
Section  1  above  described,  for  the  season 
next  ensuing.  Such  schedules  may  classify 
theatres  by  zones  or  other  classifications 
suited  to  local  conditions,  but  for  the  sole 
purpose  of  fixing  the  maximum  clearance 
in  length  of  time  and  area  after  the  con- 
clusion of  the  prior  runs  of  such  theatres. 
Each  Board  may  after  fair  and  reasonable 
notice  and  hearing  to  interested  parties 
change,  modify  or  vary  any  part  of  the 
schedule  set  up  by  it,  provided  that  such 
change  or  modification  shall  not  in  any  wise 
apply  to,  affect  or  modify  any  exhibition 
contract  made  subject  to  or  in  reliance 
upon  or  pursuant  to  any  such  schedules, 
without  the  prior  written  consent  of  the 
parties   to  such  contract. 

Section  4. — Each  Board  when  making  any 
classification  of  theatres  or  when  fixing 
the  maximum  period  or  area  of  clearance 
in  respect  of  any  theatre  shall,  among  other 
things,  consider  and  give  due  regard  to 
the  following  factors: 

(a) — that  clearance  to  a  very  consider- 
able extent  determines  the  rental  value  of 
motion   pictures; 

(b) — that  exhibitions  of  the  same  motion 
picture  within  the  same  competitive  area 
at  too  short  an  interval  after  the  con- 
clusion of  a  preceding  run  or  runs  thereof 
by  unduly  restrictmg  the  competitive 
area  in  which  clearance  is  limited,  de- 
preciate the  rental  value  of  motion  pic- 
tures; and 

(c) — that  all  such  depreciations  of  the 
rental  values  of  motion  pictures  tend  to 
reduce  the  number  of  motion  pictures 
produced,  discourages  the  production  of 
motion  pictures  of  quality  involving  large 
investments  of  capital,  labor,  skill  and 
enterprise  and  thereby  tend  to  reduce  em- 
ployment. 

(d) — that  unreasonable  clearance  to  a 
considerable  extent  affects  the  value  of 
motion  pictures  for  subsequent  -  run 
theatres. 

_(e) — that  unreasonable  clearance  depre- 
ciates the  potential  return  from  motion 
pictures  to  subsequent-run  theatres. 

_  (0 — that  unreasonable  clearance  as  to 
time  and  area  diminishes  the  potential 
revenue  to  Distributor  and  subseciuent- 
run    Exhibitor. 

Sectko  S. — The  decision  of  each  Board 
upon  an^  question  shall  be  determined  by 
a  majority^  vote,  but  in  case  the  Board  is 
evenly  divided,  such  question  shall  be  sum- 
mitted  for  determination  to  the  impartial 
representative  of  the  Code  Authority,  who 
is  provided  for  in  Section  2  of  this  PART. 
The  decision  of  the  Board  and/or  the  im- 
partial representative,  as  the  case  may  be, 
shall   be   in   writing. 

Section  •.—It   shall   be    the   duty   of  each 


such   Board   to  promptly   publish  the  sche- 
dules   formulated    by    it,    and    file    a    copy 
thereof  immediately  with  the  Code  Author- 
ity. 
Section.  7. — 

(a) — Any  party  aggrieved  by  the  sche- 
dules shall  promptly  and  not  later  than 
thirty  (30)  days  after  publication  thereof 
file  a  protest  in  writing  with  the  Board 
issuing  them.  Thereupon  such  Board 
shall  promptly  convene  and  give  reason- 
able notice  of  hearing  to  all  parties  con- 
cerned or  having  an  interest  in  the  pro- 
ceeding and  hear  them  and  accept  from 
them  all  papers  and  evidence.  The  Board 
shall  have  power  to  make  reasonable  rules 
respecting  notice  of  the  time,  place  and 
manner  of  hearing.  The  Board  shall  make 
its  decision  within  fifteen  (IS)  days  from 
the  filing  of  the  protest,  or  within  three 
(3)  days  after  the  parties  shall  have  been 
fully  heard,  whichever  date  is  sooner.  Any 
party  aggrieved  by  the  decision  shall  have 
the  absolute  right  to  appeal  therefrom  to 
the  Code  Authority,  provided  such  appeal 
be  filed  or  mailed  by  registered  mail  or 
delivered  in  writing  not  later  than  five 
(5)  days  after  the  decision  of  the  Local 
Board  is  rendered,  in  which  case  the 
protest,  with  all  evidence  taken  before  the 
Local  Clearance  and  Zoning  Board,  shall 
be  referred  to  the  Code  Authority. 

(b)— All  persons  interested  in  the  deci- 
sion shall  have  the  right  to  appear  before 
the  Code  Authority  and  present  addi- 
tional evidence.  The  Code  Authority, 
after  investigating  such  protest  and  re- 
viewing the  evidence  theretofore  taken 
and  considering  the  additional  evidence, 
if  any,  shall  promptly  render  its  decision, 
and  not  later  than  fifteen  (15)  days  from 
and  after  the  date  of  the  hearing  upon 
the  appeal.  The  requirement  as  to  the 
various  steps  herein  prescribed  shall  be 
mandatory  in  order  to  give  full  relief 
before   the   buying   season   commences. 

Section.  8. — 

(a) — The     schedules     presented     and/or 

decisions    made    by    any    Local    Clearance 

and  Zoning  Board  and/or  decisions  of  the 

Code    Authority    upon    any    appeal    to    it, 

shall    be    binding    upon    all     Distributors 

and   Exhibitors   in   the   territory    affected. 

(b) — Pending   the   final   determination   of 

any    dispute   or    controversy,    all    existing 

contracts    between    the    disputants    shall 

continue  to  be  performed  in  every  respect. 

Section  9.— The    jurisdiction    of    the    Local 

Clearance     and     Zoning     Board     shall     be 

limited   as   herein   specifically    provided    and 

such    Board    shall    hear   no    questions    other 

than    those   pertaining   strictly    to  clearance 

and    zoning   matters. 

PART  2.  Grievance  Boards. 

Section  1. — The  complaint  of  any  Exhibi- 
tor that  a  competing  Exhibitor  has  com- 
mitted any  of  the  acts  set  forth  in  the 
following  paragraphs  (a),  (b),  (c)  and  (d) 
with  the  intention  and  effe'ct  of  depriving, 
without  just  cause,  the  complaining  Exhibi- 
tor of  a  sufficient  number  of  motion  pic- 
tures to  operate  such  Exhibitor's  theatre, 
shall  be  referred  for  determination  to  a 
Local  Grievance  Board  constituted  as  here- 
inafter provided: 

(a)^The  licensing  of  more  motion  pic- 
tures  than   are   reasonably    required. 

(b) — The  adoption  of  an  unfairly  com- 
peting operating  policy  of  unnecessary  and 
too  frequent  changes  of  motion  pictures. 
(c) — The  exaction  without  just  cause 
of  an  agreement  from  any  Distributor  as 
a  condition  for  entering  into  a  contract 
for  motion  pictures  that  such  Distributor 
refrain  from  licensing  its  motion  pictures 
to   the  complaining   Exhibitor. 

(d) — The  commission  of  any  other 
similar  act  with  the  intent  and  effect  of 
depriving  without  just  cause  the  com- 
plaining Exhibitor  of  a  sufficient  number 
of  motion  pictures  to  operate  such 
Exhibitor's    theatre. 

Section  2. — Each  such  complaint  shall  be 
in  writing  and  made  immediately  after  the 
commission  of  the  act  or  acts  complained 
of,  or  in  cases  where  an  act  or  acts  is 
threatened,  immediately  after  notice  thereof, 
and  the  Local  Grievance  Board  after  a 
fair  and  impartial  consideration  of  all  of 
the  facts  presented,  a  full,  expeditious  and 
complete  hearing  of  all  the  parties  con- 
cerned, including  the  Exhibitors  directly 
involved,  the  Distributors  having  contracts 
with  the  Exhibitor  complained  against, 
and  Exhibitors  having  contracts  for  runs 
subsequent  to  each  of  the  Exhibitors 
directly  involved,  and  if  it  deems  it  neces- 
sary, an  independent  investigation  of  the 
facts,  shall  make  a  prompt  determination 
of   each   complaint    submitted    to   it. 

Section  3.— The  Local  Grievance  Board 
shall  determine  whether  or  not  any  Exhibi- 


tor complained  of  has  committed  any  of 
the  acts  specified  in  paragraphs  (a),  (b), 
(c)  and  (d)  of  Section  1  of  PART  2  hereof, 
and  shall  make  findings  of  fact  in  such 
regard.  The  Local  Grievance  Board  ugon 
the  facts  found  shall  make  an  award  (a) 
dismissing  the  complaint,  or  (b)  granting 
such  relief  as  the  Local  Board  may  deem 
appropriate.  The  Local  Grievance  Board 
shall  iipt  have  power  to  award  damages. 
No  award  shall  be  made  in  favor  of  a  com- 
plaining Exhibitor  unless  the  Local  Griev- 
ance Board  shall  find  as  a  fact  that  the 
complaining  Exhibitor  is  able,  ready  and 
willing  to  fully  carry  out  and  comply  with 
all  of  the  terras  and  conditions  which  may 
be  fixed  by  the  Local  Grievance  Board  as 
a  condition  for  making  the  award,  which 
terms  and  conditions  shall  in  no  event  be 
less  favorable  to  the  Distributor  concerned 
than  those  contained  in  the  license  contract 
of  the  Exhibitor  complained  of,  including 
the  Distributor's  loss  of  revenue,  if  any, 
resulting  from  the  elimination  of  or  reduc- 
tion of  revenue  from  any  subsequent  run 
or  runs  made  necessary  by  such  award, 
and  such  other  terms  and  conditions  as  the 
Local   Grievance    Board    may   prescribe. 

Section  4. — All  complaints  and  grievances 
of  exhibitors  or  distributors  concerning  pro- 
visions of  this  code  or  otherwise,  and 
not  specifically  designated  to  be  heard  or 
passed  upon  in  the  first  instance  by  the 
Code  Authority  or  by  arbitration  or  by  the 
Local  Clearance  and  Zoning  Board  shall 
be  heard  by  the  Local  Grievance  Board,  and 
if  such  Local  Board  by  a  majority  vote  of 
the  representatives  thereon  shall  deem  that 
any  such  complaint  or  grievance  shall  be 
certified  to  the  Code  Authority  for  determi- 
nation, it  shall  be  so  certified,  and  the  Code 
Authority  shall  consider  and  determine  the 
same;  otherwise  such  complaint  or  griev- 
ance shall  be  dismissed  with  a  right  of 
appeal  from  such  dismissal  to  the  Code 
Authority.  Such  proceedings  before  the 
Local  Grievance  Board  and  before  the  Code 
Authority  shall  be  within  the  periods  of 
time  hereinafter  prescribed  in  Sections  6 
and  7   hereof. 

Section  S. — Each  Distributor  shall  have 
the  right  to  license  all  or  any  number  of 
the  motion  pictures  distributed  by  such 
Distributor  for  exhibition  at  theatres  affili- 
ated with  such  Distributor,  and  no  Local 
Grievance  Board  shall  have  jurisdiction  to 
hear  or  determine  any  complaint  by  any 
Exhibitor  based  upon  the  fact  that  a  Dis- 
tributor has  licensed  the  motion  pictures 
distributed  by  it  for  exhibition  at  theatres 
affiliate'd   with    such   Distributor. 

Section  «.— 

(a)— There  shall  be  established  a  Local 
Grievance  Board,  appointed  by  the  Code 
Authority,  in  each  exchange  territory. 
Each  such  Board  shall  consist  of  two 
representatives  of  Distributors,  one  of 
whom  shall  be  a  National  Distributor  with 
theatre  affiliations  and  one  of  whom  shall 
be  a  Distributor  without  circuit  theatre 
affiliations,  and  two  representatives  of 
Exhibitors,  one  of  whom  shall  be  an 
affiliated  Exhibitor,  if  there  be  one,  and 
one  of  whom  shall  be  an  unaffiliated 
Exhibitor,  and  one  person  who  shall  have 
no  direct  or  indirect  affiliation  with  any 
branch  of  the  motion  picture  industry, 
who  shall  be  approved  by  the  Adminis- 
trator, who  shall  be  regarded  as  the  im- 
partial representative  of  the  Code  Author- 
ity, and  who  shall  vote  on  any  question 
before  the  Board  only  in  the  case  where 
the  Board  is  deadlocked.  There  shall  be 
a  Chairman  of  each  Board,  selected  by  a 
majority  vote  of  the  members  of  the 
Board.  Any  vacancy  in  the  Board  shall 
be  filled  from  the  class  of  members  in 
which  the  vacancy  occurred.  No  member 
of  such  Board  shall  sit  on  any  matter 
involving  his  own  or  his  company's  inter- 
est. 

(b) — The  decision  of  each  Local  Board 
upon  any  question  submitted  to  it  shall 
be  determined  by  a  majority  vote,  but  in 
case  the  Board  is  evenly  divided,  such 
question  shall  be  submitted  for  determi- 
nation to  the  impartial  representative  of 
the  Code  Authority,  as  provided  in  para- 
graph (a)  of  this  Section.  The  decision 
of  the  Board  and/or  the  impartial  repre- 
sentative, as  the  case  may  be,  shall  be 
in  writing.  All  decisions  of  the  Local 
Board  shall  be  made  within  fifteen  (15) 
days  from  the  filing  of  the  protest, 
grievance,  or  complaint,  or  within  three 
(3)  business  days  after  the  parties  shall 
have  been  fully  heard,  whichever  date 
is   earlier. 

Section  7. — 

(a) — Any  party  aggrieve-d  by  any  deci- 
sion of  the  Local  Board  shall  have  the 
absolute  right  to  appeal  therefrom  to 
the  Code  Authority,  provided  such  appeal 
be  filed  or  mailed  by  registered  mail  or 
delivered  in  writing  not  later  than  five 
(5)  days  after  the  decision  of  the  Local 
Board    is    rendered,    in    which    case    the 


grievance  or  complaint,  together  with  all 
the  evidence  taken  before  the  Local 
Board  shall  be  referred  to  the  Code 
Authority. 

(b) — Pending  the  determination  of  such 
appeal,  the  determination  order  or  other 
action  of  the  Local  Grievance  Board 
shall  be  stayed. 

(c)— Any  party  aggrieved  shall  have  the 
right  to  appear  before  the  Code  Authority 
and  present  additional  evidence.  The 
Code  Authority,  after  investigating  the 
complaint  or  grievance  and  reviewing  the 
evidence  theretofore  taken,  and  consider- 
ing the  additional  evidence,  if  any^  shall 
promptly  render  its  decision  not  later 
than  fifteen  (15)  days  from  and  after  the 
date  when  the  parties  have  been  fully 
heard    on    appeal. 

Section  8. — No  Exhibitor  or  Distributor 
shall  be  entitled  to  file  any  complaint 
under  this  or  any  other  ARTICLE  of  this 
Code  unless  such  Exhibitor  or  Distributor' 
shall  have  duly  executed  this  Code  in  its 
entirety  within  forty-five  (45)  days  after 
It  IS  signed  by  the  President  of  the  United 
States,  and/or  forty-five  (45)  days  after 
engaging  in  the  motion  picture  industry, 
arid  shall  have  thereby  agreed  to  comply 
with  all  the  requirements  of  the  National 
Industrial  Recovery  Act.  Evidence  of  such 
compliance  shall  be  filed  with  the  Code 
Authority. 

Part  3.^A11  members  appointed  to  serve 
on  respective  Clearance  and  Zoning  Boards 
and  Local  Grievance  Boards  shall  be  per- 
sons of  good  repute  and  of  good  standing 
in  the  industry,  and  shall  upon  acceptance 
of  appointment  subscribe  and  file  with  the 
Administrator  an  oath  to  fairly  and  impar- 
tially determine  whatever  issue  is  presented 
to  the  Board  to  which  such  member  has 
been  appointed.  No  such  Board  shall  con- 
tain in  its  membership  more  than  one  repre- 
sentative of  any  Distributor  or  Exhibitor. 
Pa«-t  4.— If  a  member  of  any  board  pro- 
vided for  by  this  Article  VI  ceases  to  be- 
long to  the  class  he  represents  upon  such 
board,  his  membership  shall  terminate  and 
the  Code  Authority  shall  fill  the  vacancy 
so  caused  by  designating  a  representative 
of  the   same  class. 

ARTICLE  VII 

General  Trade  Policy 

Provisions 

Part  1. — The  industry  pledges  its  com- 
bined strength  to  maintain  right  moral 
standards  in  the  production  of  motion  pic- 
tures as  a  form  of  entertainment.  To  that 
end  the  industry  pledges  itself  to  and  shall 
adhere  to  the  regulations  promulgated  by 
and  within  the  industry  to  assure  the  at- 
tainment   of   such    purpose. 

Part  2. — The  industry  pledges  its  com- 
bined strength  to  maintain  the  best  stand- 
ards of  advertising  and  publicity  procedure. 
To  that  end  the  industry  pledges  itself  to 
and  shall  adhere  to  the  regulations  promul- 
gated by  and  within  the  industry  to  assure 
the   attainment   of   such   purpose. 

ARTICLE  VIII 
Miscellaneous  Provisions 

Part  1. — Any  Exhibitor  forwarding  or  de- 
livering to  another  Exhibitor  a  print  of  a 
motion  picture  at  the  request  or  wvon  the 
order  of  the  Distributor  thereof,  shall,  but 
only  for  such  purpose,  be  deemed  to  be 
the  agent  of  such  Distributor. 
Part   2.— 

(a) — Wherever  in  this  Code  arbitration 
of  any  matter  is  provided  for.  other  than 
arbitration  as  provided  in  the  Optional 
Standard  License  Agreement  (1933)  or 
as  may  be  otherwise  specifically  pro- 
vided for.  such  matter  shall  be  submitted 
for  determination  to  an  Arbitration 
Board.  Such  Arbitration  Board  shall  con- 
sist of  four  (4)  members.  Each  of  the 
groups  concerned  in  such  matter  shall 
appoint  two  of  such  members.  In  any 
such  case  where  arbitration  is  to  be  used 
as  provided  in  this  Code,  upon  the  writ- 
ten request  of  either  group  to  the  dispute 
or  controversy  the  group  making  such 
request  shall  name  therein  two  arbitra- 
tors, stating  the  business  address  and 
business  or  business  connection  of  each, 
and  shall  designate  therein  the  date,  time 
and  place  of  the  hearing  of  such  con- 
troversy. The  date  of  such  hearing  shall 
not  be  earlier  than  seven  (7)  days  from 
the  date  of  the  sending  of  such  notice, 
unless  it  shall  be  claimed  in  such  notice 
that  irreparable  injury  will  result  unless 
there  is  a  speedy  determination  of  such 
Mntroversv.  in  which  case  such  hearing 
may  be  designated  to  be  held  earlier  than 
the    said    seven-day   period. 

(b)— Within     five     (5)     days     from     the 
mailing    of    such    request    for    arbitration. 
(Continued  on  pane  34) 


^' 


MondShcm  NowS 


fO?' 


A    SMASHING     INDICTMENT 

OF  PARENTAL  PRUDERY 

WITH    A    CAST    OF 

BROADWAY    STARS 


V^ 


3i 


^# 


DISTRIBUTED  BY 

ATTRACTION    PICTURES.    INC. 

1236  Vine  Street,  Philadelphia,  Pa. 
916  G  Street,  N.  W.,  Washington,  D.  C. 

AMERICAN    PICTURES.    INC. 

56  Piednnont  Street,  Boston,  Mass. 

ARTHUR  GREENBLATT.   INC. 

630  9th  Avenue,  New  York  City 


\^^ 


^>._.. 


> 


p- 


Mrihuiedhu  tXPlOIUTION  PICTDRIS  Inc.  7297^ave.n.y.c 

/  CADL&WEI//PICT  N.y. 


34 


MOTION  PICTURE 

DAILY 


Friday,  December   I,   1933 


Arbitrators 
Must  Always 
Be  Impartial 


(.Continued  frotn  page  32) 
or  within  twenty -four  (24)  hours  if  the 
date  of  such  hearine  shall  be  earlier  than 
seven  (7)  days  from  the  date  of  the  send- 
ine  of  such  notice,  the  eroup  upon  whom 
such  request  is  made  shall  name  two 
arbitrators  in  a  written  notice  mailed  or 
delivered  to  the  other  party,  statine 
therein  the  business  address  and  business 
or  business  connection  of  each  arbitrator. 
If  either  eroup  fails  or  refuses  to  name 
the  arbitrators  as  herein  provided,  or  if 
any  arbitrator  so  named  shall  fail  or  re- 
fuse to  act.  or  be  unable  to  serve,  or 
shall  be  challenRed.  and  others  are  or 
another  arbitrator  qualified  and  then 
available  to  act  is  not  appointed,  others 
or  another  arbitrator  may  be  appointed 
by  the  other  eroup  as  the  case  may  be. 

(c) — No  member  of  an  Arbitration  Board 
shall  hear  or  determine  any  controversy 
in  which  he  has  an  interest,  direct  or 
indirect,  and  any  member  havine  such 
interest    shall    be   disqualified   to   act. 

(d) — If  the  arbitrators  or  a  majority  of 
them  are  unable  to  reach  a  decision,  thev 
or  a  majority  of  them  shall  immediately 
select  an  umpire  who  shall  not  be  en- 
eaeed  in  the  motion  picture  business.  In 
such  case,  the  hearine  before  the  umpire 
shall  be  at  such  time  and  place  as  the 
umpire  shall  desienate  and  shall  be  had 
before  the  umpire  alone,  the  arbitrators 
not  to  be  permitted  to  attend  the  hear- 
ine before  the  umpire.  If  the  arbitrators 
or  a  majority  of  them  are  unable  to 
aeree  upon  the  selection  of  an  umpire, 
the  Administrator  shall  upon  request 
make   such    selection. 

Part  3. — Nothine  in  this  Code  shall  be 
deemed  to  apply  to  the  production,  distri- 
bution or  exhibition  of  motion  pictures  on 
film  of  recoenized  sub-standard  widths,  or 
to  slide  films,  or  to  non- theatrical  motion 
pictures  designed  primarily  for  educational, 
scientific,  industrial,  commercial,  advertis- 
ine.  selline  or  other  non-theatrical  pur- 
pose, or  to  television  of  motion  pictures. 
provided  that  the  commercial  production, 
distribution  or  exhibition  of  such  films  shall 
be  subject  to  investieation  by  the  Code 
Authority  to  determine  whether  such  pro- 
duction, distribution  or  exhibition  of  such 
films  is  unfair  competition  to  an  established 
motion  picture  theatre  or  theatres.  If 
found  to  be  unfair  competition,  the  Code 
Authority  shall  promuleate  rules  and  ree- 
ulations  eovernine  such  unfair  competition. 
Part  4. — The  provisions  of  this  Code 
shall  be  separable. 

ARTICLE  IX 

Mandatory  and  Amending 
Provisions 

Part  1. — This  Code  and  all  the  provis- 
ions thereof  are  expressly  made  subject  to 
the  rieht  of  the  President,  in  accordance 
with  the  provision  of  Clause  10  (b)  of  the 
National  Industrial  Recovery  Act.  from 
time  to  time  to  cancel  or  modify  any  order, 
atjproval.  license,  rule,  or  reeulation.  issued 
under  Title  I  of  said  Act.  and  specifically 
to  the  rieht  of  the  President  to  cancel 
or  modify  his  approval  of  this  Code  or  any 
conditions  imposed  by  him  upon  his  ap- 
proval  thereof. 

Part  2. — Such  of  the  provisions  of  this 
Code  as  are  not  required  to  be  included 
therein  by  the  National  Industrial  Recovery 
Act,  upon  the  application  of  the  Code  Au- 
thority approved  by  the  Administrator  and 
with  the  approval  of  the  President,  may 
be  modified  or  eliminated  as  chanees  in 
circumstances  or  experience  may  indicate. 
It  is  contemplated  that  from  time  to  time 
supplementary  provision  to  this  Code  or 
additional  codes  will  be  submitted  for  the 
approval  of  the  President  to  prevent  un- 
fair competitioti  and  other  unfair  and  de- 
structive practices  and  to  effectuate  the 
other  purposes  and  iwlicies  of  Title  I  of 
the  National  Industrial  Recovery  Act  con- 
sistent  with   the   provisions   hereof. 


Warners  Buying  Store 

Warners  have  inaugurated  a  coop- 
erative buying  store  in  the  com- 
pany's headquarters  on  the  fifth 
floor.  All  Warner  Club  members  can 
purchase  the  items  on  sale  for  10 
per  cent  above  cost.  There  are  8,- 
000  members  throughout  the  coun- 
try. 


Johnson  Can 
Make  Changes 
In  Authority 


(Continued  from    pai/e   1) 

to  the  authority  if  practice  demon- 
strates any  employing  branch  of  the 
industry    is    insufficiently    represented. 

Suspension  for  90  days  of  the  sal- 
ary provisions  of  Article  5  is  ordered 
until  further  study  is  made  of  the  sal- 
ary problems  of  players,  writers  and 
others  in  the  creative  branches  of  the 
industry. 

The  so-called  talent  rading  provi- 
sions of  Article  5  are  also  suspended 
for  the  same  reason  and  these  provi- 
sions may  be  "definitely  suspended,  or 
modified,  altered  or  changed,  or  be- 
come   effective." 

Appointment    of    Dr.    A.    Lawrence 
Lowell,    Marie     Dressier     and    Eddie 
Cantor  to  the  code  authority  is  made 
in  a  separate  memorandum. 
President's  Order 

The  President's  E-xecutive  order  fol- 
lows ;  "An  application  having  been 
duly  made,  pursuant  to  and  in  full  com- 
pliance with  the  provisions  of  Title 
1  of  the  National  Industrial  Recov- 
ery Act,  approved  June  16,  1933,  for 
my  approval  of  a  code  of  fair  com- 
petition for  the  motion  picture  indus- 
try, and  a  hearing  having  been  held 
thereon,  and  the  Administrator  having 
rendered  his  report  containing  an  an- 
alysis of  the  said  code  of  fair  com- 
petition together  with  his  recommen- 
dations and  findings  with  respect 
thereto,  and  the  Administrator  hav- 
ing found  that  the  said  code  of  fair 
competition  complies  in  all  respects 
with  the  pertinent  provisions  of  Title 
1  of  said  act  and  that  the  require- 
ments of  clauses  (1)  and  (2)  of  sub- 
section (A)  of  Section  3  of  the  said 
Act  have  been  met : 

"Now,  therefore,  I,  Franklin  D. 
Roosevelt,  President  of  the  United 
States,  pursuant  to  the  authority 
vested  in  me  by  Title  1  of  the  Na- 
tional Industrial  Recovery  Act,  ap- 
proved June  16,  1933,  and  otherwise, 
do  adopt  and  approve  the  report,  rec- 
ommendations, and  findings  of  the 
Administrator,  and  do  order  that  the 
said  code  of  fair  competition  be,  and 
it  is  hereby,  approved,  subject  to  the 
following   conditions : 

EflFectuates  Further  Policies 

"To  effectuate  further  the  policies 
of   the   Act,   that ; 

"(1)  Because  the  constituency  of 
the  Code  Authority  is  named  in  this 
code,  the  Administrator  shall  have  the 
right  to  review,  and  if  necessary,  to 
disapprove  any  act  taken  by  the  Code 
Authority,  or  by  any  committee  named 
by  it,  and  any  act  taken  by  any  board 
named   by   it ;   and 

"(2)  If,  in  the  administration  of 
this  code,  any  member  or  temporary 
alternate  of  any  member  of  said  Code 
Authority,  or  any  member  of  any 
board  appointed  by  the  Code  Author- 
ity shall  fail  to  be  fair,  impartial  and 
just,  the  Administrator  shall  have  the 
right  to  remove  such  member  or  tem- 
porary alternate  from  said  Code  Au- 
thority, and  to  remove  such  member 
of  any  such  board,  and,  if  he  deems 
necessary,  to  name  another  member 
or  alternate  from  the  general  class 
represented  by  such  removed  mem- 
ber or  alternate  to  replace  such  re- 
moved member  or  alternate  upon  said 


Code  Meets  Expected 

With  release  of  the  signed 
industry  code  by  the  Presi- 
dent, practically  every  exhibi- 
tor unit  in  the  country  will 
call  meetings  to  discuss  the 
draft  in  its  final  and  official 
form.  Charles  L.  O'Reilly, 
president  of  the  T.O.C.C, 
plans  to  hold  a  mass  meeting 
at  the  Astor  shortly  to  famil- 
iarize metropolitan  New  York 
theatre  owners  with  details 
of  the  code. 


Code    Authority    or    upon    any    such 
board ;  and 

Members  Can  Be  Added 

"(3)  If,  in  the  administration  of  this 
code,  it  shall  be  found  by  the  Admin- 
istrator that  there  has  not  been  suffi- 
cient representation  of  any  employer 
class  in  this  industry  on  the  Code 
Authority,  the  Administrator  shall 
have  the  right  to  add  members  from 
any  such  class  to  such  Code  Author- 
ity ;  and 

"(4)  Because  the  President  believes 
that  further  investigation  with  respect 
to  the  problems  of  payment  of  ex- 
cessive compensation  to  executives 
and  other  employes  in  this  industry  is 
required,  the  provisions  of  Article  V, 
Division  A,  Part  4,  of  this  code  are 
hereby  suspended  from  operation  and 
shall  not  become  effective  pending 
further  report  from  the  Administra- 
tor after  investigation ;   and 

"(5)  Because  the  President  believes 
that  writers,  authors,  and  dramatists 
are  engaged  in  purely  creative  work, 
the  provisions  of  Article  V,  Division 
B,  Part  5,  Section  1  (C),  2,  3,  4  and 
6,  of  this  code,  shall  not  become  effec- 
tive with  respect  to  such  employes ; 
and 

"(6)  Because  the  President  believes 
that  further  investigation  is  required 
with  respect  to  problems  generally  af- 
fecting unfair  competitive  methods  for 
the  services  of  classes  of  employes  of 
l)roducers  rendering  services  of  an  ar- 
tistic, interpretative,  technical,  super- 
visory or  executive  nature,  .the  provi- 
sions of  Article  V,  Division  B,  Part 
5,  Section  1  (C),  2,  3,  4  and  6,  of 
this  code,  are  suspended  from  opera- 
tion and  shall  not  become  effective 
pending  further  report  from  the  Ad- 
ministrator, after  investigation,  as  to 
whether  such  provisions  should  be 
definitely  suspended,  or  modified,  al- 
tered or  changed,  or  become  effec- 
tive." 

FRANKLIN  D.  ROOSEVELT 


Far  Eastern  to  Dissolve 

Wilmington.  Del.,  Nov.  30. — The 
Far  Eastern  Theatre  Company,  Inc., 
a  Delaware  corporation  operating  in 
China,  will  hold  a  stockholders  meet- 
ing in  Shanghai,  China,  on  December 
6.  The  meeting,  for  stockholders  hav- 
ing voting  power,  has  been  called  by 
the  board  of  directors  to  act  on  a 
resolution  declaring  that  it  is  advis- 
able to  dis.solve  the  company.  T.  O. 
Thackrey  is  president. 


Ontario  Independents 

Toronto,  Nov.  30. — .According  to 
Oscar  R.  Hanson,  general  manager 
of  Associated  Theatres  Limited,  the 
Ontario  group  of  independent  theatre 
owners  is  now  at  its  greatest  strength 
with  a  membership  of  70  houses. 


Final  Draft 
Of  Code  Has 
Few  Changes 


(Continued  from  page  1) 

"supreme  court  of  the  industry."  In 
all  other  particulars  the  body  of  the 
third  NRA  code  remains  the  same 
except  for  changes  in  phraseology 
which  do  no  more  than  clarify  or 
amplify    the    original    wording. 

Suspension  of  the  talent  "raid"  pro- 
visions of  Article  5,  pending  further 
investigation  by  the  Administrator, 
are  regarded  as  the  probable  result 
of  opposition  fostered  by  Hollywood 
talent  organizations  and  their  spokes- 
men, notably  Eddie  Cantor  and  Joseph 
M.  Schenck,  both  of  whom  were  vis- 
itors at  the  "little  White  House"  im- 
mediately prior  to  the  signing  of  the 
code.  Suspension  of  the  salary  penalty 
provision  is  believed  to  be  accounted 
for  by  an  opinion  of  the  Attorney 
General  holding  it  to  be  of  doubtful 
enforceability. 

Full  reports  on  salaries  paid  to  ex- 
ecutives and  high  priced  talent  will 
be  required  of  production,  distribu- 
tion and  exhibition  organizations  with- 
in the  next  90  days  and  will  com- 
prise the  basic  part  of  the  Adminis- 
trator's investigation  of  the  work- 
ings of  the  code,  to  be  completed 
prior  to  a  decision  on  perinanently 
suspending,  changing  or  enforcing 
this  phase  of  Article  S,  it  is  be- 
lieved. 

The  code  authority  personnel  is  in- 
cluded in  the  code  as  printed  Wed- 
nesday in  Motion  Picture  Daily. 
The  appointments  of  Cantor,  Marie 
Dressier  and  Dr.  A.  Lawrence  Low- 
ell are  made  in  a  separate  memoran- 
dum by  the  President  which  accom- 
panies  the   executive   order. 

As  in  the  third  draft,  no  mention 
is  made  of  double  featuring,  the  right 
to  buy  or  score  charges,  nor  is  any 
change  made  in  the  prior  draft's  pic- 
ture, cancellation  provisions,  which 
were,  and  are,  intended  to  take  care 
of  block  booking.  All  other  major 
trade  practices  remain  essentially  as 
they  were  in  the  third  draft. 


Discuss  Plans  for 
Ad  Copy  Committee 

Preliminary  plans  for  the  reorgani- 
zation of  a  committee  to  cooperate  on 
the  question  of  advertising  were  dis- 
cussed this  week  at  the  Hays  office 
and  another  meeiting  will  be  held 
shortly  to  round  out  the  initial  move- 
ment. 

Attending  the  session  were  J.  J. 
McCarthy  of  the  Mays  office,  Howard 
Dietz  of  M-G-M,  chairman ;  Stanley 
Shuford  of  Warners,  substituting  for 
S.  Charles  Einfeld,  who  is  on  the 
coast,  and  Robert  Sisk  of  Radio,  pinch 
hitting  for  John  Flinn,  president  of 
the  A.M. P. A.,  and  now  on  the  coast. 

-Additional  members  will  be  ap- 
pointed to  the  committee,  which  now 
consists  of  the  above. 


"Deceiver*'  Set  for  Roxy 

Following  the  eight-day  run  of 
"Hoopla,"  which  opened  yesterday, 
"The  Charming  Deceiver"  is  sched- 
uled to  follow  into  the  7th  Ave.  Roxy. 
"Jimmy  and  Sally"  starts  Dec.  15. 


Friday,  December   I,   1933 


MOTION  PICTURE 

DAILY 


35 


All  Factions 
Given  Places 
On  Code  Body 


(Continued  jrom   page   1) 

labor  in  the  industry  here  gave  no  in- 
dication of  displeasure  over  the  board's 
makeup.  The  possibihty  of  formal 
consideration  of  the  appointments 
within  the  next  few  days  was  voiced, 
however,  by  one  union  representative. 

Petitions  of  the  I.A.T.S.E.  for  a 
labor  representative  on  the  code 
authority  met  with  a  statement  last 
October  from  NRA  officials  that  ad- 
ministration of  the  code  was  an  ern- 
ployer's  rather  than  an  employe's 
function,  and  that  labor  was  clearly 
in  the  employe  classification.  Because 
of  this  ruling,  many  in  the  industry 
expected  a  protest  from  labor  over 
the  appointment  of  Eddie  Cantor  and 
Marie  Dressier  on  the  board,  both  of 
whom,  as  actors,  apparently  fall  into 
an  employe   classification. 

Actors'  Equity,  apparently  satisfied 
with  the  naming  of  Cantor,  an  Equity 
member,  was  non-committal  over  the 
appointment  of  Miss  Dressier,  who, 
in  1929,  was  a  leader  of  the  opposi- 
tion to  Equity's  attempts  to  extend  its 
domain  to  Hollywood.  Miss  Dressier 
was  instrumental  in  frustrating  an 
actor's  strike  in  Hollywood  called  by 
Equity  at  the  time.  Frank  Gillmore, 
president  of  Equity,  said  yesterday  he 
had  no  comment  to  make  on  Miss 
Dressler's   appointment. 

Coast  Guilds  Satisfied 

Advices  from  Hollywood  also  indi- 
cated that  the  Academy,  Screen  Writ- 
ers' and  Actors'  Guilds  and  other 
talent  organizations  were  pleased  with 
the  representation  afforded  them  by 
the  appointments  of  Cantor  and  Miss 
Dressier. 

Independent  producer  -  distributor 
and  exhibitor  factions,  likewise, 
evinced  no  undue  concern  over  the 
code  authority  personnel  as  named  by 
General  Johnson.  The  Administra- 
tor's declaration  in  Warm  Springs  at 
the  time  of  the  signing  of  the  code 
by  President  Roosevelt  that  the  right 
to  review  and  disapprove,  if  necessary, 
any  action  of  the  code  authority,  and 
to  remove  any  of  its  members,  or  add 
members  from  any  employer  class,  had 
been  reserved  for  the  Administrator, 
appears  to  have  gone  far  toward 
mollifying  early  independent  fears  that 
their  interests  would  be  insufficiently 
represented.  They  now  see  a  balance 
of  voting  power  for  any  faction  to  be 
without  material  significance,  which 
is  precisely  what  the  proponents  of 
the  third  NRA  draft  have  emphasized 
since  its  completion. 

Allied  States,  which  has  protested 
vigorously  both  the  unofficial  set-up 
of  the  code  authority  and  the  third 
NRA  draft,  finds  itself  represented 
by  Nathan  Yamins,  a  member  of  its 
board '  of  directors  and  leader  of  the 
New  England  Allied  unit.  Yamins 
declined  to  cominent  Wednesday  on 
his  appointment,  but  gave  every  indi- 
cation that  he  would  accept  the  post 
on  being  formally  notified  by  the 
NRA. 

Yamins'  position  became  of  interest 
with  the  announcement  of  his  ap- 
pointment because  of  his  recent 
declaration,  in  denying  a  report  that 
he  had  approved  the  code,  that  he 
would  continue  "loyal  to  Allied."    Al- 


Cantor^  Dressier  to  Act  Only 

Upon  the  Problems  of  Talent 

Washington,  Nov.  30. — Marie  Dressier  and  Eddie  Cantor  will 
serve  on  the  code  authority  only  when  questions  affecting  creative 
talent  are  before  the  board,  it  was  disclosed  today  in  the  Presi- 
dent's memorandum  covering  their  appointment. 

Dr.  A.  Lawrence  Lowell  will  be  the  Administration's  representa- 
tive on  the  authority  without  voting  power. 

The  President's  memorandum  follows: 

"Pursuant  to  the  provisions  of  Article  11,  Section  2  (B)  of  the 
Motion  Picture  Industry  Code,  and  by  direction  of  the  President, 
Miss  Marie  Dressier  and  Mr.  Eddie  Cantor  are  hereby  desig- 
nated as  members  of  the  Code  Authority,  with  a  right  to  vote, 
to  represent  the  actor  class  of  employees  engaged  in  the  motion 
picture  industry  as  and  when  any  question  directly  or  indirectly 
affecting  such  class  is  to  be  considered  by  the  Code  Authority. 
The  code  provision  respecting  the  appointment  of  one  such  repre- 
sentative is  hereby  waived  in  respect  of  such  appointments. 

"Dr.  A.  Lawrence  Lowell  is  hereby  designated  as  a  representa- 
tive of  the  Administration  upon  the  code  authority  of  the  Motion 
Picture  Industry  Code." 


66 


U;'  Chicago 
News  Deal  on 
Reel  Ending 


(Continued  from  pape  1) 
has  made  it  necessary  for  National 
Screen  Service,  which  used  those 
facilities  for  its  trailers  to  develop  in 
its  own  plant.  This  is  now  being  done 
in  the  rear  of  the  floor  occupied  by 
National  in  the  Warner  Building. 


lied's  position  at  the  time  was  openly 
antagonistic  to  the  code,  but  a  chajige 
in  that  attitude  has  been  indicated  al- 
ready by  Abrani  F.  Myers,  nominal 
head  of  the  organization,  who  virtu- 
ally has  approved  a  trial  of  the  code 
on  the  basis  of  Administrator  John- 
son's declaration  regarding  immediate 
administration  supervision  over  code 
authority  moves. 

Johnston  Is  Silent 
Federation  of  the  M.  P.  Industry, 
representing  independent  producers 
and  distributors,  has  W.  Ray  John- 
ston, president  of  Monogram,  on  the 
code  authority.  On  Wednesday  John- 
ston declined  to  comment  on  his  ap- 
pointment in  advance  of  his  formal 
notification,  but  indicated  that  he 
would  neither  act  on  the  appointment 
nor  sign  the  code  on  behalf  of  Mono- 
gram until  he  had  seen  the  final  code. 
Organizations  outside  the  industry, 
but  which  have  taken  an  active  inter- 
est in  the  drafting  of  the  code,  find 
representation  on  the  code  authority 
in  the  person  of  Dr.  A.  Lawrence 
Lowell,  honorary  president  of  the 
M.  P.  Research  Council,  who,  in  many 
aspects,  assumes  the  mantle  of  the 
consumer's  or  public's  representative. 
In  announcing  Dr.  Lowell's  appoint- 
ment, General  Johnson  said  his  duty 
would  be  "to  observe  the  efforts  of 
the  industry  to  comply  with  its  own 
rules  of  censorship  of  improper  pic- 
tures and  dialogue"  and  make  a  re- 
port of  his  observations  to  the  ad- 
ministration. This  was  taken  to  be  a 
definite  indication  that  Dr.  Lowell 
will  not  be  authorized  to  introduce 
any  new  form  of  internal  censorship 
except  in  the  event  of  a  complete 
failure  of  the  industry's  existing  cen- 
sorship measures  for  itself,  and  then 
only  with  the  approval  of  the  admin- 
istration, to  which  his  report  is  to  be 
submitted. 

Independent  producer,  distributor 
and  exhibitor  interests  have  a  sym- 
pathetic spokesman,  if  not  a  direct 
representative,  in  Dr.  Lowell,  who, 
both  individually  and  as  honorarv 
nresident  of  the  M.  P.  Research 
Council,  is  on  record  as  favoring  a 
"selective  picture  buying,  and  selling 
policv."  which  it  believes  can  be  ac- 
complished through  elimination  of 
block  booking  and  blind  buying  and 
introduction  of  a  "right-to-buy"  plan. 
Tn  this,  the  council  has  recently  re- 
ceived the  support  of  individuals  who 
are  members  of  Allied  States  and  the 
Federation  of  the  M.  P.  Industry. 

Independent  exhibitor  interests  also 
have     a     representative    on    the    code 


Motion  Picture  Daily  several 
months  ago  reported  relations  between 
Universal  and  the  Chicago  Daily  News 
were  faltering  and  that  the  distrib- 
tor,  dissatisfied  with  the  financing 
arrangement,  had  informed  the  news- 
paper of  its  intention  to  seek  a 
revision. 


authority  in  the  person  of  Charles  L. 
O'Reilly,  president  of  the  T.O.C.C, 
New  York,  who  throughout  the  code 
drafting  activities  in  both  New  York 
and  Washington  was  aligned  more 
often  than  not  with  proposals  which 
carried  the  support  of  Allied  States 
and  the  Federation  of  the  M.  P.  In- 
dustry. The  most  prominent  of  these 
was  probably  the  much-disputed  right- 
to-buy,  which  found  a  vigorous  cham- 
pion in   O'Reilly. 

Ed  Kuykendall,  president  of  M.P. 
T.O.A.,  is  another  code  authority  ap- 
pointee named  by  the  Administration 
to  represent  independent  exhibitors. 
Kuykendall  and  his  organization  were 
among  the  first  to  become  active  in 
code  drafting  work,  their  participation 
dating  back  to  last  May.  He  has  con- 
sistently supported  constructive  code 
activities  and,  while  declaring  recently 
that  M.P.T.O.A.  was  not  "entirely 
satisfied"  with  the  third  NRA  draft, 
it  felt  that  the  code  should  be  given 
a  trial  and  was  flexible  enough  to 
make  changes  possible  if  they  were 
demonstrated  in  practice  to  be  needed. 

Cochrane's    Unique   Position 

R.  H.  Cochrane,  vice-president  of 
Universal,  is  an  administration  choice 
for  representative  of  distributors  with- 
out theatre  affiliations.  At  Washing- 
ton code  hearings,  Cochrane,  with 
Jack  Cohn  of  Columbia,  stood  apart 
from  other  producer-distributor  mem- 
bers of  the  M.P.P.D.A.  in  demand- 
ing that  the  code  carry  no  provision 
designed  to  curb  double  featuring. 

The  five  major  theatre  circuits, 
their  affiliates,  and  major  producer- 
distributor  interests,  representing  the 
industry's  largest  group  investment, 
are  represented  by  Harry  M.  Warner, 
president  of  Warner-F.  N. ;  Nicholas 
M.  Schenck,  president  of  Loew's,  Inc., 
and  M-G-M  ;  Sidney  R.  Kent,  presi- 
dent of  Fox ;  George  J.  Schaefer, 
vice-president  of  Paramount,  and  M. 
H.  Aylesworth,  president  of  RKO 
Corp. 


Alvin  Delay  Causes 
Fox  Product  Shift 

Pittsburgh,  Nov.  30.  —  Because 
the  Alvin  opening  will  be  held  up  by 
construction  delays,  the  Harris 
.\musement  Co.  is  playing  most  of  its 
contracted  Fox  pictures  for  first  run 
showings  at  the  small  Harris-Family 
in  East  Liberty.  The  first  of  these, 
"The  Power  and  the  Glory,"  opens 
there  this  week. 

Early  in  the  season  the  Harris 
group  made  a  deal  with  Fox  to  take 
three-fourths  of  the  annual  product, 
the  remainder  going  to  the  Fulton. 
"Hoopla,"  "Berkeley  Square"  and 
"Paddy,  the  Next  Best  Thing,"  were 
returned  to  Fox,  at  the  company's  re- 
quest, to  be  sold  on  the  outside.  These 
have  been  picked  up  by  the  Fulton. 

Although  the  Alvin  was  supposed  to 
open  around  the  first  of  November, 
from  present  indications  it  will  be  at 
least  a  couple  of  more  months  before 
the  house  will  start  operation. 


Beatty  to  Do  Another 

Kansas  City,  Nov.  30. — Clyde 
Beatty,  wild  animal  trainer  who  had 
a  part  in  Universal's  "The  Big  Cage," 
is  to  make  a  jungle  serial  thriller  with 
a  Tarzan  motif,  he  told  friends  here 
while  en  route  to  Hollywood.  Beatty's 
book,  "The  Big  Cage,"  from  which 
the  picture  was  written,  is  now  in  its 
third  edition,  Beatty  said.  Edward 
Anthony,  who  collaborated  on  that 
book,  will  probably  help  write  the 
projected  serial. 


Portland  Pantaaes 
In  Row  with  Union 

Portland,  Nov.  30. — After  just 
four  weeks  of  operation  the  Pantages 
closed  on  five  hours'  notice.  Patrons 
found  this  sign  on  the  box-office : 
"Closed  by  the  Unreasonable  Demands 
of  the  Stagehands'  Union. 

The  management  has  made  no  speci- 
fic statement,  but  the  union  claims 
stagehands  were  cut  from  42  to  28 
cents  an  hour  and  told  to  make  a 
decision  within  five  hours,  instead  of 
receiving  the  usual  two  weeks'  notice. 
The  work  has  been  divided  among 
eight  men  on  a  five-day  basis. 

It  is  understood  acts  are  being  held 
here  pending  arbitration.  The  the- 
atre had  done  the  usual  advertising 
on  the  coming  week's  show,  plus 
Columbia's  "A  Man's  Castle." 

Rodney  Pantages,  together  with 
Manager  TT.  M.  S.  Kendrick,  is  con- 
ferring with  the  union. 

The  Paramount  has  given  two 
weeks'  notice  to  stage  hands. 


Goldwyn  Loans  Cooper 

Hollywood,  Nov.  30. — Samuel 
Goldwyn  has  loaned  Gary  Cooper  to 
Cosmopolitan  for  "Operator  13,"  and 
has  postponed  work  on  "Barbary 
Coast"  until  May  15.  In  the  mean- 
time he  is  looking  for  another  Anna 
Sten  vehicle  to  work  during  the  post- 
poned time. 


GOOD  PRODUaiON  GOOD  CAST 
AND  A  READY-MADE  AUDIENCE 


1000  Magazines  Cater  to  the  Public 
Taste  for  Action  Fiction  .  .  .  There  Are 
Over  10,000,000  Such  Readers.,.. 
Here's  a  Story  That  Ran  in  One  of  the 
Country's  Most  Popular  Fiction  Publications 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  », 

Faithful      iJ 
Service  to' 
the  Indiistry 
In  All 
Branches 


VOL.  34.    NO.  129 


NEW  YORK,  SATURDAY,  DECEMBER  2,  1933 


TEN  CENTS 


Holiday  Rush 
Sends  B  Vay 
Takes  Soaring 

Music   Hall   Leads   with 
Capacity  Crowds 


Broadway  houses  are  in  the  midst 
of  a  Thanksgiving  holiday  week-end 
boom  which,  beginning  last  Wednes- 
day night,  maintained  record-breaking 
attendance  levels  at  virtually  every 
theatre  along  the  Main  Stem  through- 
out Thursday  and  yesterday.  Local 
managers  credit  the  capacity  business 
to  school  and  week-end  holidays,  and 
predict  its  continuance  through  today 
and  tomorrow. 

The  Music  Hall,  where  Radio's 
"Little  Women"  opened  its  third  week 
on  Thanksgiving  Day,  played  to  near 
capacity  on  that  day,  grossing  $21,679, 
or  approximately  $6,000  over  the 
gross  for  the  first  day  of  the  run. 
Yesterday's  gross  had  reached  $7,300 
on  approximately  15,000  admissions  at 
mid-afternoon.  Waiting  lines  stretched 
to   Fifth   Ave.   and   extended   a   block 

(Continued  on    page    7) 


Kane  Lining  Up  2nd 
Music  Unit  for  Fox 

Hollywood,  Dec.  1. — Robert  Kane. 
Fox  producer,  has  started  organizing 
a  second  unit  to  handle  musical  pro- 
ductions with  the  signing  of  Erick 
Charell,  European  impresario,  Cha- 
rell  will  arrive  in  Hollywood  on 
Jan.   15. 

First  unit,  now  working  on  the 
"Scandals,"  includes  Ray  Henderson. 
Jack  Yellen  and  Irving  Caesar  han- 
dling lyrics  and  music,  with  Joseph 
Cunningham    on    the   dialogue. 


Para.  Men  on  Road 
For  Sellina  Drive 

With  the  "Victory  Drive"  starting 
Jan.  1,  Paramount  sales  executives  are 
now  making  tours  of  various  ex- 
changes under  their  supervision.  Neil 
Agnew,  sales  manager,  is  enroute  to 
the  coast,  stopping  at  exchange  centers 
(Continued  on  pane  7) 


See  J.  J.  McCarthy 
For  Wilstach  Post 

J.  J.  McCarthy,  who  was  appointed 
to  handle  advertising  and  publicity 
matters  for  the  M.  P.  P.  D.  A.  dur- 
ing the  illness  of  the  late  Frank  Wil- 
stach, is  expected  to  be  made  the  per- 
manent successor  to  the  post  within 
the  next  few  days. 


Expect  Code  Authority 
To  Meet  in  a  Few  Days 


'Square  DeaP 
Held  Assured 
By  Kuyl^endall 


Columbus,  Miss.,  Dec.  1. — Reten- 
tion of  final  authority  on  all  code 
matters  by  President  Roosevelt  and 
the  NRA  Administrator  is  hailed  by 
Ed  Kuykendall,  M.P.T.O.A.  president, 
as  the  industry's  assurance  of  a 
"square  deal  all  around." 

In  a  statement  issued  here  today. 
Kuykendall  calls  upon  exhibitors  to 
"actively  support"  the  code  and  the 
administration  bodies  which  it  sets  up, 
declaring  that  it  "deserves  a  fair  trial 

(Continued  on  page  3) 


Canadians  Ask  New 
Loew  Directorate 

Toronto,  Dec.  1. — A  movement  is 
under  way  here  among  shareholders 
of  Marcus  Loew's  Theatres,  Ltd.,  to 
pool  preferred  and  common  shares 
with  the  Royal  Trust  Co.  before  Dec. 
31  with  the  object  of  securing  more 
Canadian  representation  on  Loew's 
board  of  directors. 

Robert  Waler  is  heading  the  move- 
ment.    He  says  the  preferred  stock  is 

(Continued  on   page  7) 


Snap  Code  Edition 

The  circulation  department 
of  the  Motion  Picture  Daily 
was  swamped  yesterday  with 
calls  for  extra  copies  of  the 
code  edition.  By  telephone 
and  telegraph  came  orders 
for  from  one  to  100  extra 
copies. 

Motion  Picture  Daily  had 
anticipated  an  unusual  inter- 
est on  the  basis  of  advance 
orders  and  more  than  dou- 
bled  the   regular  press   run. 

The  remaining  supply  is 
limited.  Orders  for  extra 
copies  will  be  filled  in  the 
sequence  of  their  receipt. 
Single  copy  orders  will  be 
filled  as  long  as  any  copies 
remain.  Bulk  orders  may 
have    to    be    reduced. 

The  price  is  10  cents  per 
copy. 


Rosenblatt  Future 
Stirs  Speculation 

Wa-Shington,  Dec.  1. — With  the 
film  code  out  of  the  way,  speculation 
is  rife  as  to  how  long  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  will 
continue  with  the  NRA. 

With  two  or  three  more  amusement 
codes  to  be  heard  and  put  through 
for  approval,  it  is  anticipated  he  will 

(Continued  on  page  3) 


Circuits  Fade^  Wisconsin 
Ind^pHs  Swell  in  Number 


This  is  the  second  in  a  series  of  articles  on  conditions  in  the 
Middle  West  written  by  the  editor  on  a  tour  of  one-night  stands. 
Chicago  will  be  discussed  in  the  third. 


By  RED 

Milwaukee,  Dec.  1. — The  mighty 
have  fallen  with  a  loud  bang  in  this 
neck  of  the  woods.  Where  once 
stalked  the  omnipotent  Fox  Midwesco 
circuit,  47  theatres  in  19  towns  strong, 
there  now  remains  a  shadow  of  its 
former  self. 

The  balance  has  veered  the  way  of 
the    individual    operator.      Picking   up 


KANN 

what  Fox  Midwesco  did  not  want  or 
could  not  hold,  the  string  of  houses 
which  Tom  and  Jack  Saxe  developed 
for  a  sale  not  so  many  years  ago  to 
Fox  has  broken  up  into  a  variety  of 
splinters.  As  those  matters  have  a 
habit  of  working  out,  where  the  Fox 
.sphere  of   influence   dwindled   that   of 

(Continued  on  page  6) 


Quick  Work  on  Naming 

Of  Boards  by  New 

Year  Foreseen 


Washington,  Dec.  1. — First 
meeting  of  the  code  authority  is 
expected  to  be  set  within  the  next 
few  days  in  order  that  that  body 
may  name  appointees  to  the  32 
local  clearance  and  zoning  boards 
which,  in  turn,  must  meet  and 
draft  clearance  schedules  for  each 
exchange  territory  for  the  year 
of  1934,  prior  to  Jan.  1. 

The  code  authority's  first  meet- 
ing will  probably  occur  either 
Thursday,  Dec.  7,  the  date  on  which 
the  code  becomes  effective,  or  the  fol- 
lowing day,  and  is  expected  to  be  set 
by  Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  on  his  return  to  Wash- 
ington from  a  week-end  in  New  York. 

Other  business  designed  to  hasten 
the  first  meeting  is  the  organization 
work  necessary  to  prepare  the  industry 
reports  required  by  President  Roose- 
velt for  submission  within  the  next 
90  days.  It  is  understood  that  these 
reports  will  cover  salaries  of  execu- 
tives, theatre  seating  capacities,  ad- 
(Continued  on  page  3) 

Administration  to 
Defer  Naming  Two 

Washington,  Dec.  1.  —  Appoint- 
ment of  the  two  remaining  govern- 
ment members  of  the  code  authority 
will  be  deferred  for  some  time,  during 
which  Administrator  Hugh  S.  John- 
son will  assume  the  duties  of  those 
appointees  himself  and  will  direct  any 
action  necessary,  it  was  made  known 
today. 

The  code  provides  for  the  appoint- 
ment   of   three    Administration    repre- 

(Continued  on  page  3) 


Independents  Delay 
Any  Action  on  Code 

Action  on  code  signing  by  independ- 
ent groups  is  being  held  in  abeyance, 
for  the  most  part,  i)ending  organiza- 
tion discussions. 

Jacob  Schechter,  counsel  for  the 
Federation  of  the  M.  P.  Industry, 
declined  to  comment  on  code  signing 
prospects  of  that  organization  yester- 
day prior  to  a  final  study  of  the  code 
and  discussions  with  members.  Allied 
(Continued  on  page  3) 


MOTION  PICTURE 

DAILY 


Safurday,  December  2,   1933 


MOTION  PICTURE 

DAILY 

(Registered   U.    S.    Patent   Office) 


Vol.    34 


December    2,    1933 


No.    129 


Martin   Quigley 
Editor-in-Chief  and  Publisher 


m 


MAURICE    KANN       ^J^. 

Editor 

JAMES  A.  CRON 

Advertising    Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin 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  1933  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro,  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelnof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Wilstach  Rites  Held 

Funeral  rites  for  Frank  Wilstach, 
M.  P.  P.  D.  A.  aide  for  the  past 
eight  years,  were  held  yesterday  morn- 
ing at  the  W.  J.  Dargeon  chapel,  954 
Amsterdam  Ave.,  with  only  the  im- 
mediate family  of  the  deceased  in  at- 
tendance, in  accordance  with  family 
wishes.  Wilstach  died  Tuesday  at 
Manhattan  General  Hospital  follow- 
ing an   illness  of  several  weeks. 


"Women"  for  RKO  Roxy 

Following  a  three-week  run  at  the 
Music  Hall,  "Little  Women"  will  be 
switched  to  the  RKO  Roxy  next  Fri- 
day for  an  indefinite  run.  The  book- 
ing is  unusual,  in  that  pictures  playing 
the  Music  Hall  are  day-and-dated  in 
all  metropolitan  RKO  houses. 


"Women"  Portland  Hit 

Portland,  Dec.  1. — "Little  Women" 
brought  out  long  lines  for  its  opening 
at  the  Music  Box.  Extra  shows  were 
run.  The  first  day's  take  was  $2,000. 
"Duck  Soup,"  opening  at  the  Para- 
mount, grossed  $1,800  the  first  day. 


Borzage,  III,  Stops  Work 

Hollywood,  Dec.  1. — Because  of  an 
attack  of  tonsilitis,  influenza  and  an 
infected  finger,  Frank  Borzage  has 
suspended  work  on  "No  Greater 
Glory"  at  Columbia  for  several  days. 


Havana  Gets  Wide  Range 

Havan'a,  Dec.  I. — First  wide  range 
sound  installations  have  been  made 
here  at  the  Encanto  and  Nacional 
theatres. 


Looking  ^Em  Over 


"Hoopla" 

(Fox) 

Clara  Bow  takes  oiY  a  lot  of  clothes  and  tosses  a  mean  torso  around 
in  this  adaptation  of  the  stage  play,  "The  Barker."  Clara  thereby  proves 
she  not  only  has  "it,"  but  also  plenty  of  curvacious  these  and  them  and 
isn't  afraid  to  let  the  world  in  on  the  body  job.  The  story  deals  with 
carnivals,  Preston  Foster  and  his  affair  with  Minna  Gombel,  another 
hootch  dancer;  Foster's  son,  Richard  Cromwell,  who  joins  the  show 
without  prior  warning,  and  the  manner  in  which  Clara,  on  a  spite  bet 
engineered  by  the  jilted  Miss  Gombell,  makes  the  country  bumpkin  fall. 

But,  complications  ensue  when  Clara,  after  all  her  hip-shaking,  pro- 
fessional and  private,  really  finds  she  has  fallen  for  the  innocent  kid. 
They  marry.  Foster  raises  the  devil,  but  thereafter  Clara  joins  the 
Chicago  Fair  midway  to  send  Cromwell  through  law  school.  Reconcilia- 
tion for  all  figures  in  the  finish. 

Production  values  are  up  to  snuff.  Story  content,  adequately  developed. 
Clara  Bow,  however,  is  the  chief  selling  point.  Where  she  goes,  the 
picture  will.  Her  dramatic  moments,  in  some  instances,  prove  beyond 
her  reach,  but  photographically  the  girl  is  an  eyeful.  Foster  does  the 
best  job  in  the  cast  and  Cromwell  is  boyishly  competent. 

KANN 


"Sow  of  a  Sailor'' 

(First  National) 

A  natural  for  Joe  E.  Brown,  and  his  fans  will  eat  this  one  up.  He 
has  some  new  gags,  and  these,  mixed  with  several  of  his  old  ones 
cloaked  in  new  guises,  kept  a  Strand  holiday  audience  roaring  so  loud 
that  it  was  impossible  at  times  to  hear  the  dialogue.  There  is  a  general 
navy  atmosphere  in  this  one,  and  the  shots  of  the  U.  S.  S.  Saratoga  are 
particularly  good.  Lloyd  Bacon  has  done  an  admirable  job  of  directing. 
The  action  never  lags  long  enough  to  be  noticeable. 

Brown  is  a  "Baron  Munchausen  of  the  Navy,"  always  lying  himself 
into  embarrassing  situations,  and  then  lying  himself  right  out  again. 
When  his  glib  tongue  fails  him,  Lady  Luck  comes  to  his  aid. 

The  action  starts  with  Brown,  a  plain  gob,  obtaining  shore  leave  from 
the  Saratoga  under  false  pretenses.  His  encounters  with  various 
attractive  females  come  to  naught,  however,  until  he  is  hit  by  the  car 
of  Jean  Muir,  the  Admiral's  granddaughter.  He  fails  to  recognize  her, 
and  she  invites  him  home  for  dinner.  Here  he  encounters  what  seems 
like  all  the  gold  braid  in  the  navy.  But  his  smooth  tongue  comes  to  his 
rescue,  and  he  acquits  himself  nobly.  Johnny  Mack  Brown,  first 
mate  of  the  aircraft  carrier  is  also  present,  with  his  plans  for  a  robot 
pilot.  Thelma  Todd  and  George  Blackwood,  spies,  are  after  the  plans. 
Blackwood  gets  them,  and  escapes  in  a  Navy  plane,  with  Brown  on  his 
trail.  The  plane  is  equipped  with  the  robot  pilot,  and  returns  to  its  mother 
ship,  after  Brown  has  kayoed  Blackwood,  and  leaps  out  in  his  para- 
chute. But  he  lands  on  an  abandoned  ship,  and  is  bombed  by  the  air 
force.  However,  he  escapes,  and  for  his  part  in  the  capture  of  the 
spies  is  promoted. 

Miss  Muir,  Brown  and  Miss  Todd  are  all  well  cast.  Arthur 
Vinton  is  a  capable  foil  for  some  of  Brown's  tomfoolery,  and  Frank 
McHugh  almost  steals  what  few  scenes  he's  in. 

(Continued  on   page  8) 


i  Purely 
Personal  ► 


DON  DEAN,  Hollywood  musician, 
who  has  recently  made  something 
of  a  sensation  as  a  broadcaster  in 
Buenos  Aires,  arrived  last  night  by 
'plane  an)d  will  leave  for  Chicajgo 
Monday  to  appear  at  the  American 
Radio    Manufacturers'    Show. 

Margaket  Sullavan  sailed  yester- 
day on  the  Santa  Cecelia  for  the  coast. 
She  will  start  work  in  "Little  Man, 
What  Now?"  for  Universal  as  soon 
as  she  arrives. 

Arthur  Hornblow,  Jr.,  new  asso- 
ciate producer  for  Paramount,  will 
arrive  here  Tuesday  from  the  coast 
on  the  Virginia  to  discuss  production 
plans. 

Harvey  B.  Day,  special  representa- 
tive for  Terry-Toons,  has  just  re- 
turned from  a  tour  of  Fox  exchanges 
in  the  middle  west  and  east. 

Colleen  Moore  expects  to  leave 
Monday  by  plane  for  the  coast.  She 
is  finishing  work  in  Marshall  Neil- 
an's  "Social  Register." 

Al  Christie  will  start  Stoopnagle 
and  BuDD  in  an  Educational  short  on 
Monday  at  the  Eastern  Service 
Studio. 

T.  K.  Glennon,  vice-president  of 
Eastern  Service  Studio,  will  return 
from  the  coast  Monday. 

Lenore  Ulric  leaves  for  Hollywood 
today  to  begin  work  on  her  first  pic- 
ture for  RKO  Radio. 

George  Givot  is  at  the  Warwick. 


Pierson  Quits  Weldon 

Wayne  Pierson  has  resigned  as  gen- 
eral sales  manager  of  Weldon  Pictures 
and  plans  to  take  a  government  post 
shortly.  Maxwell  Cohen,  president  of 
Weldon,  is  taking  over  sales  supervi- 
sion. 


Trading  Light  on  Big  Board 


High  Ix>w 

Columbia  Pictures,  vtc 265^  2554 

Consolidated    Film    Industries,    pfd 9  9 

Eastnvin  Kodak   80  79Ji 

Loew's,  Inc 30  295^ 

Paramount   Publix    VA  IV2 

Pathe     Exchange     154  15^ 

Pathe  Exchange  "A" 11  10?4 

RKO   2H  m 

Warner  Bros 6%  6 


Close 

26^ 

9 

7954 
295^ 

VA 

m 

n 

6 


Net 
Change 

+VA 
+  'A 
-fiM 


+  V2 


Technicolor  Up  One-quarter  on  Curb 


Technicolor 


High 

.     9H 


Low 


Net 
Close     Change 

954     -1-  'Z 


Pathe  Bonds  Drop  One  Point 


>Hi?h 

3'A 

354 

46 

29 

2m 

Paramount   Publix  S}4s  'SO 23^4 

Pathe    7s    '37,    ww 81!^ 

Warner   Bros.   6s   '39,   wd 38?4 


General   Theatre   Equipment   Cs   '40 

General    Tlieatre   Equipment   6s   '40,   ctf. 

Keith    B.    F.    6s    '46 

Paramount    Broadway   SJ/jS   'SI 

Paramount   F.   L.  6s   '47. 


Low 

3J4 

3 
46 
29 
23 
2354 
SVA 
3854 


Close 

3/2 

3 

46 
29 
235^ 
2354 
81 '.4 
3854 


Net 
Change 

-1-  'A 
-Vi 
—1 
-1-  H 
+  V4 
—2 
—1 
-'A 


Sales 

500 
100 
400 
400 
500 
300 
300 
100 
800 


Sales 

200 


Sales 

4 
5 

22 
1 
3 
1 
1 
1 


Beery  to  Century  Again 

Hollywood,  Dec.  1. — Wallace  Beery 
has  been  borrowed  by  20th  Century 
from  M-G-M  for  a  second  time.  He 
will  go  into  "The  Great  Barnum"  as 
soon  as  he  finishes  work  in  "Viva 
Villa." 


Ginsbergs  Celebrate 

Henry  Ginsberg,  vice-president  and 
general  manager  of  the  Hal  Roach 
Studios,  has  arrived  in  town  to  help 
his  parents,  Mr.  and  Mrs.  David  Gins- 
berg of  40  West  77th_  St.,  celebrate 
their  SOth  wedding  anniversary  today. 


Morgan  Back  on  Coast 

Hollywood,  Dec.  1. — Mr.  and  Mrs. 
Ralph  Morgan  have  arrived  by  plane 
from  New  York,  where  the  actor  did 
a  single  at  the  State.  Plans  for 
Thanksgiving  in  the  east  were  can- 
celled because  of  a  film  engagement. 


Rogers  Coming  East 

Hollywood,  Dec.  1. — Charles  R- 
Rogers  will  leave  for  New  York  on 
Sunday  in  search  for  talent  and  stories 
and  plays  to  make  up  the  balance  of 
his  1933-34  program. 


Saturday,   December  2,    1933 


MOTION  PICTURE 

DAILY 


Expect  Code 
Authority  to 
Meet  Soon 


{Continued  from    paiic    1) 

mission  prices,  average  attendance, 
days  and  hours  of  theatre  operation 
and  minimum  and  maximum  salaries 
of   employes. 

An  early  function  of  the  code  au- 
thority will  also  be  the  naming  of  32 
local  grievance  boards,  one  for  each 
exchange  territory,  to  hear  local  com- 
plaints other  than  those  concerning 
clearance  and  zoning.  These  boards, 
however,  are  not  expected  to  get  into 
operation  until  the  code  has  been  in 
effect  for  some  time.  Exhibitors  and 
distributors  who  have  not  signed  the 
code  by  Jan.  10  will  be  barred  from 
filing  complaints  with  local  grievance 
boards,  but  may  have  complaints  filed 
against  them  by  those  who  have 
signed. 

Indications  are  that  of  outstanding 
importance  in  the  early  stages  of  the 
code  authority  will  be  the  investiga- 
tions which  are  required  under  the 
President's  executive  order,  although 
Administrator  Hugh  S.  Johnson  ad- 
mitted yesterday  that  he  had  made  no 
final  decision  as  to  the  method  to  be 
employed  in  making  the  inquiries  re- 
quired. 

Under  some  codes  where  investiga- 
tions were  ordered,  he  pointed  out,  the 
inquiries  were  made  by  the  code  au- 
thorities, while  in  a  number  of  other 
cases  special  committees  were  set  up 
to  carry  out  the  investigations.  In 
addition  to  these  two  methods,  General 
Johnson  has  a  third  choice  in  the  Fed- 
eral Trade  Commission,  which  is  au- 
thorized by  the  Recovery  Act  to  fur- 
nish such  information  as  may  be 
within  the  scope  of  its  activity.  It  is 
believed  here  that  the  investigation  re- 
quired by  the  executive  order  could 
well  be  carried  out  by  this  agency. 


Radio  Code  Signed 

Washington,  Dec.  1. — President 
Roosevelt  has  signed  the  code  for 
radio  broadcasting  and  will  appoint 
three  of  the  nine  members  of  the  code 
authority. 


Letters  to  Go  Out 

Washington,  Dec.  1. — Let- 
ters of  notification  formally 
advising  recipients  of  their 
appointment  by  President 
Roosevelt  to  membership  on 
the  code  authority  will  be 
sent  out  by  the  National  Re- 
covery Administration  over 
the  signature  of  Administra- 
tor Hugh  S.  Johnson  within 
the  next  day  or  two,  it  was 
stated   here  yesterday. 

This  procedure  is  somewhat 
out  of  the  ordinary  in  NRA 
code  routine,  since  practically 
all  other  codes  provide  for 
the  election  of  code  authority 
members  hz  the  industry 
concerned.  Under  the  film 
code,  the  code  authority  per- 
sonnel was  named  by  Presi- 
dent  Roosevelt. 


Kuykendall  Looks 
For  "Square  Deal" 

(Continued  from   page    1) 

and  the  honest  support  and  cooperation 
of  all  exhibitors  and  exhibitors'  organ- 
izations." He  urged  a  change  in  tac- 
tics for  organizations  which  have  been 
opposing  the  code  which  would  enlist 
their  aid  in  "making  the  code  ma- 
chinery work  fairly  for  all  concerned. 

"If  the  local  boards  do  their  jobs 
intelligently  and  fairly,"  Kuykendall 
said,  "the  code  authority  should  have 
little  to  do  in  settling  local  disputes 
and  controversies.  Much  can  be  done 
by  these  local  boards  to  restrain  unfair 
and  stupid  cut-throat  competition,  re- 
move abuses,  fairly  settle  local  contro- 
versies and  really  improve  trade  rejLa- 
tions." 

Kuykendall  paid  tribute  to  Deputy 
NRA  Administrator  Sol.  A.  Rosen- 
blatt for  his  work  on  the  code  and  the 
results  he  obtained. 


Administration  to 
Defer  Naming  Two 

(.Continued  from  page   1) 
sentatives      without      voting      power. 
Thus   far,   Dr.   A.   Lawrence   Lowell, 
president-emeritus  of  Harvard,  is  the 
only  one  named  by  the  Administration. 

It  was  pointed  out  by  the  Admin- 
istrator that  code  authorities  can  func- 
tion without  the  government  members, 
because  the  deputy  administrator  in 
charge  of  the  code  can  take  such  ac- 
tion as  might  be  required  during  their 
absence. 

It  was  explained  that  in  order  to 
select  the  government  representatives 
for  the  code  authority  it  may  be 
necessary  to  make  a  survey  of  people 
outside  the  industry.  In  addition, 
General  Johnson  admitted,  he  is  de- 
sirous of  watching  closely  the  opera- 
tion of  the  code  during  its  early 
stages. 


Ohio  MPTO  to  Hear 
Sol  A.  Rosenblatt 


Columbus,  Dec.  1. — Deputy  NRA 
Administrator  Sol  A.  Rosenblatt  will 
address  the  annual  convention  of  the 
Ohio  M.  P.  T.  O.  on  Tuesday.  Ef- 
forts are  being  made  by  P.  J.  Wood, 
business  manager  of  the  association, 
to  have  Jack  Miller  of  Chicago  talk 
on  the  labor  provisions  of  the  code. 

The  convention,  the  orgajiization's 
12th,  will  be  a  two-day  affair,  climax- 
ing, as  usual,  on  Wednesday  with  a 
banquet  at  the  Deshler-Wallick,  where 
the  business  sessions  will  hold  forth. 
Governor  White,  Dr.  B.  O.  Skinner, 
director  of  education  in  whose  depart- 
ment censorship  powers  are  vested, 
and  Rabbi  Jacob  Tarshish  are  slated 
among  the  speakers. 

Carlton  Dargusch,  member  of  the 
Ohio  Tax  Commission  and  White's 
advisor  on  taxation  matters,  will  talk 
at  one  of  the  business  sessions  on  the 
new  state's  admission  tax  and  chances 
for  a  repeal  when  the  legislature  re- 
convenes here  in  January. 


Rosenblatt  Future 
Stirs  Speculation 

(Continued  from  page  1) 
Stay  through  December,  at  least. 
There  is  also  a  possibility  that  he  may 
be  named  as  one  of  the  government 
representatives  on  the  code  authority, 
a  choice  which  would  be  approved  by 
the  great  bulk  of  industry  leaders  who 
participated  in  the  code  drafting,  ac- 
cording to  sentiments  expressed  by 
them  in  Washington. 


Deputy  Rosenblatt  is  in  New  York 
for  the  week-end,  but  could  not  be 
reached  at  his  home  yesterday  for 
comment   on   the    Washington   report. 


Trade  Ass'ns  Best 
Authority:  Johnson 

Washington,  Dec.  1. — Indicating 
that  trade  associations  may  eventually 
take  over  the  work  of  code  authorities. 
General  Hugh  S.  Johnson  today 
stated  that  "As  I  see  it  the  ideal  au- 
thority is  the  trade  association."  He 
said  efforts  will  be  made  to  build  up 
trade  associations  along  uniform  lines 
so  that  they  may  take  over  the  work 
of  code  authorities  for  every  industry. 

No  successor  has  been  named  to  re- 
place General  T.  S.  Hammond, 
former  head  of  the  NRA  trade  asso- 
ciation division.  This  division  will 
be  strengthened  as  an  individual  unit 
and  will  not  be  merged  with  any  other 
section   of  the   NRA,   Johnson   stated. 

Grievance  Board  to 
Get  Chicago  Cases 

Chicago,  Dec.  1. — The  grievance 
board  for  this  territory,  when  it  is 
completed,  will  find  itself  facing  a 
tough  program  of  five  cases  involving 
alleged  unfair  protection.  Several  of 
these  cases,  it  is  now  learned,  have 
been  on  the  verge  of  being  taken  into 
court. 

The  exhibitors  involved,  it  is  re- 
ported, have  been  prevailed  upon  to 
hold  up  any  action  pending  the  nam- 
ing of  the  new  grievance  board  under 
the  industry's  code. 


TOCC  Is  Numbered 
Among  Code  Signers 

The  T.  O.  C.  C.  has  joined  the  other 
exhibitor  units  which  have  signed  the 
industry  code.  The  signature  was  af- 
fixed prior  to  President  Roosevelt 
signing  the  draft.  Charles  L.  O'Reilly, 
president  of  the  unit,  was  one  of  the 
coordinators  in  drafting  the  code  and 
is  now  a  member  of  the  code  author- 
ity. 

A  mass  meeting  of  all  independent 
exhibitors  in  the  metropolitan  area  will 
be  called  by  the  T.  O.  C.  C.  either 
Dec.  12  or  Dec.  13.  Deputy  NRA  Ad- 
ministrator Sol  A.  Rosenblatt  will  at- 
tend as  one  of  the  principal  speakers. 


Tracy  Gets  Rogers  Offer 

Hollywood,  Dec.  1. — Charles  R. 
Rogers  has  offered  Lee  Tracy  $3,700 
a  week  for  one  picture,  "Baby  in  the 
Ice  Box."  The  actor  is  now  reading 
the  story. 


Speedy  Code 
Service  Given 
By  M.  P.  Daily 


Practically  every  film  executive 
from  Chicago  east  found  the  Mo- 
tion Picture  Daily  36-page  code 
edition  on  his  desk  at  9  o'clock  Friday 
morning  with  the  code  printed  in  full 
and  with  all  the  latest  developments  in 
connection  with  it. 

Plans  for  fast  delivery  were  worked 
out  weeks  in  advance  so  that  the  long- 
awaited  industry  regulations  could 
reach  the  Daily  readers  without  de- 
lay. 

A  few  seconds  after  Administrator 
Johnson  reached  his  office  from  At- 
lanta and  released  the  signed  version 
of  the  code  to  the  waiting  newspaper 
men  the  President's  executive  order 
and  memorandum  were  on  the  tele- 
graph wires.  Changes  in  the  final 
draft  as  signed  by  the  President  were 
compared  with  the  third  revision  by 
long  distance  phone. 

Presses  were  kept  running  all  night 
to  get  the  record-size  Daily  out  in 
the  shortest  possible  time.  Deliveries 
to  distant  points  were  made  by  air 
mail. 


Independents  Delay 
Any  Action  on  Code 

(Continued  from   page    IJ. 

States  officials  also  declined  comment 
until  after  the  scheduled  Dec.  12 
meeting  of  the  organization's  leaders 
to  give  final  consideration  to  the  code. 
The  10  industry  executives  ap- 
pointed to  the  code  authority  by  Presi- 
dent Roosevelt  were  still  awaiting 
formal  notification  from  the  NRA 
yesterday  and  declined  to  comment  on 
their  appointments  in  advance  of  re- 
ceipt  of   the   formal   notice. 


Cooper  Arrives  Today 

Merian  C.  Cooper,  Radio  Pictures 
executive  producer,  arrives  today  from 
San  Francisco,  where  he  has  been  re- 
cuperating for  several  weeks  from 
an  illness.  He  will  confer  with  RKO 
executives  here  on  production  mat- 
ters, returning  to  the  Coast  in  about 
a  week. 


''U"  Finishes  Bus  Story 

Hollywood,  Dec.  1. — Universal  has 
won  the  race  to  be  the  first  to  com- 
plete a  bus  story.  "Cross  Country 
Cruise"  has  gone  to  the  cutting  room. 


Colman  Film  Picked 

Hollywood,  Dec.  1. — Ronald  Col- 
man's  first  starring  picture  under 
Darryl  Zanuck's  new  policy  will  be 
"Bulldog    Drummond    Strikes    Back." 


First  in  Chicago 

Chicago,  Dec.  1.— Today's 
Motion  Picture  Daily  stopped 
work  and  sidetracked  tem- 
porarily the  morning  routine 
of  opening  home  office  mail 
as  copies  were  distributed  in 
B.  &  K.  offices,  and  Warner, 
RKO,  Paramount,  M-G-M, 
U.  A.,  Universal  and  other  ex- 
changes. 

At  a  meeting  of  the  Film 
Board  of  Trade  today  Presi- 
dent Henry  Herbel  officially 
expressed  the  appreciation  of 
the  board  members  for  the 
great  service.  Jack  Miller 
added:  "We've  been  waiting 
for  this  code  and  you  are 
giving  it  to  us  first." 

Everywhere  there  was  en- 
thusiastic praise. 


# 


'0^ 


THE  ]l6th  DATOFjIliipi^PMIEN 
'RADIO  CHY.  .  .  anS^Hne  five 


•«  ♦',«' 


aiJ(:#^ 


i 


^  d 


•  The  mill- 
ing throngs 
storming 
the  doors 


V 


10  a.  m.  on  the  16th  da^  of  its  New  York  run  and 
20,000  people  milling,  crowding,  storming  the  Music 
Hall  doors  •  •  •  three  times  as  many  waiting  in  the  cold 
OS  could  be  admitted  at  any  time! 

This  week  •  •  •  throughout  America  in  more  than  200 
key  cities  attendance  records  ore  crumbling  before  the 
mighty  onrush  of  a  sea  of  people  eager  to  spend  their 
^eormorked'^  money  for  a  picture  that  will  live  on  for- 
ever in  glory  undimmed! 

RKO  RADIO  PICTURE 


fl 


MOTION  PICTURE 

DAILY 


Saturday,  December  2,    1933 


Chains  Fade, 
Wis.  Ind'p'ts 
Up  in  Number 


(Continued  from  page    1) 

the  Warners  rose  in  the  ascendancy 
until  today  Brothers  Harry,  Abe  and 
Jack  are  the  big  noises  in  the  Wis- 
consin exhibition  field. 

That  does  not  mean  all  is  rose- 
colored  with  them.  Using  as  a 
nucleus  for  circuit  representation  the 
de  luxe  theatres  which  Carl  Laemmle 
undoubtedly  wishes  he  never  had 
built,  the  Warners  got  a  toe  hold 
when  Dan  Michalove,  now  theatre 
contact  for  Sidney  R.  Kent  with  the 
Skouras  Brothers,  bought  for  them 
the  very  houses  he  had  built  at 
Laemmle's  orders.  The  twists  of  fate 
are  often  peculiar  in  this  business. 

Currently,  the  Warners  are  in  op- 
position to  the  Skouras  operation,  or 
what's  left  of  it  since  Fox  Midwesco 
was  docketed  in  the  bankruptcy  court. 
Where  16  theatres  made  up  the 
Warner  roster  about  this  time  in 
1932,  today  the  circuit  has  kicked  up 
its  total  to  24  and  all  of  them  are  op- 
erating. The  flagship  is  the  3,000 
seat  Warner  in  Milwaukee;  trailing  it 
on  rough  seas  is  the  1,400  seat  Strand, 
now  in  its  seventh  choppy  week. 

Two  Companies  Formed 

A  couple  of  weeks  prior  to  the  Fox 
Midwesco  court  action,  two  new  com- 
panies were  formed.  One  was  the 
Wisconsin  Amusement  Enterprises ; 
the  other.  Statewide  Theatres.  It  is 
merely  accurate  reporting  to  reflect 
what  a  substantial  portion  of  the  Mil- 
waukee film  industry  is  saying:  that 
those  two  new  corporations  came  into 
being  at  a  most  peculiar  time. 

Current,  as  well,  is  the  well-defined 
impression,  minus  the  definite  facts 
to  back  it  up,  that  the  reason  behind 
the  step  had  to  do  with  good  and  bad 
theatres;  that  Wisconsin  Amusement 
was  designed  to  herd  under  one  cor- 
porate banner  the  houses  which  the 
Fox  interests  wanted  to  keep;  that, 
similarly.  Statewide  was  figured  as 
the  sponsor  of  the  houses  considered 
both  not  so  hot  and  consequently  not 
so  desirable. 

Theatremen's    gossip    also    has    it 


A  $765  Week 

Milwaukee,  Dec.  1.— Which 
makes  first  run  operators 
hold  their  heads  in  their 
hands: 

One  downtown  house  here 
recently  grossed  $765  on  the 
week.  The  extent  to  which 
it  dipped  into  the  scarlet 
would  pay  for  a  tour  around 
the  world,  first-class. 

More  grief: 

While  the  Alhambra,  back- 
ing "Only  Yesterday"  with  a 
big  campaign,  did  about  as 
much  business  as  the  Wiscon- 
sin with  "The  Prizefighter 
and  the  Lady"  (and  no  show) 
and  the  Palace  with  'Take  a 
Chance"  (plus  12  acts)  com- 
bined, its  gross  was,  never- 
theless, 25  per  cent  under  the 
same  week  in  1932. 


Chase  National,  or  interests  either 
identified  or  controlled  by  Chase,  are 
on  the  theatres  now  handled  through 
Wisconsin  Amusement,  while  leases 
on  which  the  Saxes  had  gone  person- 
ally make  up  tlie  Statewide  aggrega- 
tion. 

\\  hat's  happened  to  Fox  Midwesco's 
original  47  makes  an  interesting  yarn. 
1  he  VV  isconsn  is  controlled  by  a  unit 
known  as  the  Fox  Wisconsin  Corp. 
llie  bondliolciers  are  in  command  and 
the  enterprise  to  date  has  sidestepped 
any  complications  beyond  that. 

VV  isconsin  AmusemeJit  Enterprises 
is  guiding  the  destinies  of  19  the^atres 
which  spread  themselves  over  nine 
towns.  Ihey  are  Beaver  Dam,  l^ond 
du  Lac,  Green  Bay,  Madison,  Mil- 
waukee, Stevens  Point,  Wausau,  West 
Allis  and  Marinette. 

btatewide  is  in  bankruptcy,  a  mess 
and  a  split  that  has  gone  iialf  a  dozen 
ways.  It  had  17  of  the  original  Mid- 
wesco houses,  but  today  the  Saxes, 
functioning  as  Saxe  Amusement  Man- 
agement, inc.,  are  running  nine  either 
tor  themselves  or  because  they  were 
among  the  bondholders. 

Thirteen  of  the  original  set-up  have 
reverted  to  their  owners  or  to  inde- 
pendent operators.  Many  of  these 
were  among  the  17  Statewide  held  and 
two  are  inactive  because  of  demoli- 
tion or  closing. 

Warners  Have  8,000  Seats 

Seven  have  been  acquired  by  Warn- 
ers, giving  that  circuit  approximately 
6,000  of  the  seats  once  controlled  by 
Midwesco  for  the  principal  benefit  of 
Fox  and  Fox  playdates.  Known 
around  the  New  York  office  head- 
quarters as  the  rear  end  of  the  nation- 
al circuit,  Warner  activities  here  at 
close  range  emphasize  the  fact.  The 
Wisconsin  circuit  is  proceeding  at  a 
loss  of  about  $20,000  a  week. 

The  picture  has  been  changed  to  re- 
duce the  cash  loss,  it  is  true,  but  the 
figures  combine  to  be  dyed  deeply  in 
red.  And  while  they  may  some  day 
change  their  spots  into  the  much- 
coveted  black,  the  chances  are  slim 
unless  show  business  accidentally  finds 
itself  in  a  millennium.  Nobody  is 
figuring  on  that. 

The  direct  results  of  what  is  a 
revolutionary  change  for  Milwaukee 
and  Wisconsin  have  thus  brought  IS 
new  independent  exhibitors  into  the 
field.  The  circuits  persist  in  their 
diffused  form,  of  course;  the  tussle  for 
chief  honors  continues  between  Warn- 
ers and  Skouras,  which  is  Fox,  but 
in  between  are  the  exchanges  which 
continue  to  sell  the  big  fry,  plus  these 
new  individual  situations  which  last 
year  were  not  around. 

Where  the  downtown  first  runs  get 
breath  fitfully  from  their  afternoon 
business,  the  Milwaukee  neighbor- 
hoods find  the  reverse  holds  in  their 
case.  Matinee  trade  off  the  main  stem 
is  so  negligible  that  the  majority  of 
neighborhoods  doiVt  even  bother  to 
open.  They  get  their  break  at  night, 
such  as  it  is.  Here,  as  elsewhere, 
theatremen  always  complain ;  if  they 
didn't,  they'd  find  rentals  jumping. 
But  while  Milwaukee's  outlying 
houses,  in  conclusion,  could  stand 
much_  rnore  excitement  than  exists 
now,  it  is  significant  that  every  single 
one  of  the  77  in  the  city  is  keeping 
its  doors  wide  open.  There  is  some 
wonder  as  to  why,  but  statistics  can- 
not be  altered. 

All  Are  For  the  NRA 

Once  the  plaints  of  the  business  are 
left  behind  and  a  closeup  of  the  gen- 
eral economic  situation  here  is  studied, 
the  panorama  tinges  itself  with  some 


sunshine.  Film  men  generally  are  for 
the  NKA,  but,  at  the  same  time,  as- 
sert they  have  seen  none  of  its 
vaunted  benehts  in  Milwaukee.  That 
may  change  shortly. 

At  least  50,000  men  are  expected 
to  be  put  to  work  in  Wisconsin  as  the 
result  of  a  $9,700,000  Federal  job 
program  for  the  state.  Of  this  sum, 
Milwaukee  hopes  to  receive  from  $3,- 
500,000  to  $4,000,000  which  will  result 
in  placing  3,500  men,  formerly  work- 
ing part  time  on  relief  jobs,  on  a  luU- 
time  basis,  it  is  turther  hoped  to  em- 
ploy 5,300  more  men  on  a  30-hour 
week  hasis  by  early  December,  cut- 
ting down  Milwaukee  County  reliet 
Dy  11,000  families  tliereby. 

Including  the  5,500  on  part-time 
jobs,  the  Milwaukee  county  relief  lists 
now  include  2b,000  families  and  5,000 
single  men.  ihe  city  with  a  popu- 
lation of  approximately  600,000,  it  it 
continues  its  policy  of  issuing  no  new 
bonds  and  retires  maturing  ones 
promptly,  will  cut  its  present  bonded 
debt  of  $40,000,000  in  half  in  the  next 
SIX  years. 

With  the  allotting  of  18,107  civic 
works  jobs  to  Milwaukee  County  out 
of  68,000  for  Wisconsin,  the  relief 
list  for  the  county  has  dropped  to  67,- 
120  individuals,  the  lowest  point  in 
more  than  two  years.  A  decrease  in 
families  receiving  relief  as  of  Nov. 
1,  1933,  was  reported  with  17,826 
families  and  5,053  individuals  on  coun- 
ty aid  as  against  29,103  families  and 
5,302  individuals  on  Nov.  1,  1932. 

i^'inancially,  Milwaukee  is  not  so 
badly  off.  The  city  has  $13,525,000 
in  assets  in  excess  of  liabilities,  ac- 
cording to  a  recent  report,  the  excess 
of  which  is  largely  made  up  of  delin- 
quent taxes  representing  the  equiva- 
lent of  cash.  Last  year  Milwaukee 
borrowed  $3,000,000  from  banks,  but 
present  indications  are  the  city  will 
not  be  obliged  to  borrow  money  this 
year. 

As  indicated  by  the  receding  relief 
figures  employment  in  the  state's  first 
city  has  shown  an  improvement  dur- 
ing the  year.  Figures  culled  from  50 
representative  industries  stood  at  28,- 
394  on  Nov.  1,  1933,  as  against  19,- 
295  on  Nov.  1,  1932.  The  current 
Nov.  1  figure  represents  a  slight  de- 
cline, however,  from  Oct.  1,  1933,  at 
which  time  employment  in  the  same 
industries  stood  at  29,164.  These 
figures  compare  with  a  peak  employ- 
ment of  44,067  in  June,  1929,  for  the 
same  industries. 

Metal  Trades  Fall  Off 

For  the  first  time  since  March,  em- 
ployment in  metal  trades  fell  off  dur- 
ing October.  The  decline  was  caused 
largely  by  layoff  of  night  forces  en- 
gaged in  special  rush  work.  October 
employment  in  40  shops  was  11,515 
compared  with  12,399  in  September, 
a  decrease  of  884.  Average  number 
of  hours  worked  per  week  was  31.8, 
compared  with  34.7  in  September. 

The  October  figure  compares  with 
7,505  employed  in  March,  the  year's 
low  point.  The  report  shows  October 
employment  was  far  above  that  of  a 
year  ago,  the  number  employed  in  36 
shops  being  10,388  against  7,462  the 
same  month  last  year. 

This  is  significant  in  view  of  the 
fact  that,  as  the  chief  >  metal  trades 
city  in  the  country,  Milwaukee  is  ex- 
pected to  get  a  good  slice  of  the  initial 
$50,000,000  of  orders  which  Maxim 
Litvinoff,  Soviet  commissar  for  for- 
eign affairs,  said  he  had  ready  to 
award  when  he  arrived  in  this  country 
several  weeks  ago.  Milwaukee  also 
looks  forward  to  an  increasing  volurne 
of  business  with  the  Soviet  Republic 


Unaffiliated 
Ranks  Gain  15 
In  Milwaukee 


later,  as  do  other  important  Wis- 
consin cities. 

Although  employment  increases 
warranted  the  state  industrial  com- 
mission's putting  the  1931  compulsory 
unemployment  insurance  law  into 
effect,  the  commission  will  delay  such 
action  until  March  1,  1934.  July,  Au- 
gust and  September  employment  in- 
dices all  were  more  than  20  per  cent 
above  the  December  index,  thus  ful- 
filling a  requirement  set  by  the  1933 
legislature  before  the  law  should  be 
put  into  effect. 

Compared  with  last  December,  July 
employment  was  up  29.1  per  cent,  Au- 
gust 31.8  and  September  35.5  per  cent. 
Wisconsin  factory  payrolls  for  Au- 
gust stood  at  50.9  per  cent  above  the 
same  month  last  year  and  factory  em- 
ployment was  28.7  above  the  same 
month  in  1932.  For  October  of  this 
year  industrial  employment  was  well 
sustained  and  compared  favorably 
with  September  of  this  year. 

One  of  the  state's  bright  spots  is 
Janesville,  a  city  of  21,500,  which  is 
welcoming  back  the  Chevrolet  Motors 
and  Fisher  Body  plants  which  were 
closed  a  year  ago  October.  The  re- 
opening is  expected  to  return  between 
1,200  and  2,000  people  to  work  by  the 
end  of  November  and  lift  a  county  re- 
lief load  of  750   families. 

Taverns  Are  Problem 

Another  impending  benefit  is  brew- 
ing in  relief  from  the  serious  low- 
priced  theatre  competition  of  the  sev- 
eral thousand  Milwaukee  taverns  into 
which  holes  in  the  wall  have  been  con- 
verted. With  approximately  from  2,- 
000  to  4,000  of  these  so-called  night 
spots  operating  in  the  city  employing 
an  estimated  3,000  hostesses  and  en- 
tertainers, women's  organizations  are 
burning  up  Mayor  Hoan  for  a  tight- 
ening of  the  ordinances  which  permit 
them  wide  freedom  in  operation.  The 
mayor  already  has  asked  the  council 
(.Continued  on  page  7) 


548  Possibilities 

Milwaukee,  Dec.  1.  —  Ex- 
changes here  serve  the  state 
of  Wisconsin  and  the  upper 
peninsula  of  Michigan. 

Ben  Koenig,  secretary  of 
the  Film  Board,  brushing  up 
statistics  for  Motion  Picture 
Daily,  supplies  this  data: 

Possibilities  in  Wisconsin 
total  487  houses,  seating  258,- 
567.  Possibilities  in  the  pen- 
insula total  61  houses,  seating 
27,281.  Total  served,  or  cap- 
able of  being  served  out  of 
this  city,  therefore  is  548 
theatres,  seating  285,848. 

There  are  approximately 
44  producer-affiliated  houses 
in  the  territory,  all  of  them 
in  Wisconsin.  Warners  and 
Skouras  have  them  all.  In- 
dependent circuits  are  in  ex- 
cess of  15  and  so  individual 
operator  has  the  edge — 
numerically. 


Safurday,  December  2,    1933 


MOTION  PICTURE 

DAILY 


Chains  Fade, 
Wis.  Ind'p'ts 
Up  in  Number 


(Continued  from   pane   6) 

to  revise  the  present  theatre  code 
which  he  claims  is  too  lax  and  covers 
too  much  loosely  defined  territory  in 
point  of  what  is  moral  and  immoral. 

An  ordinance  regulating  the  sale  of 
liquor  now  permitting  sale  on  the 
same  floor  housing  the  taverns  them- 
selves, but  exempting  clubs,  hotels 
and  restaurants  with  private  dining 
rooms,  has  been  referred  to  com- 
mittee. Tavern  proprietors  are  after 
an  extension  of  the  curfew  regulations 
from  12:30  to  3  A.M.,  but  the  move 
is  on  in  theatre  circles  to  fight  it  on 
the  ground,  not  to  be  expressed  before 
the  city  fathers,  that  such  extension 
will  divert  additional  money  which, 
reasonably  enough,  might  otherwise 
find  its  way  into  the  box-office. 

Wisconsin  is  a  rural  market.  Fifty- 
four  of  its  71  counties  are  dominated 
by  farm  trade.  Therefore,  when  any 
question  involving  the  NRA  or  the 
AAA  is  poised,  this  dope  sheet  is 
placed  before  any  investigator  of  the 
facts.  Where  either  or  both  of  these 
Federal  agencies  has  gotten  in  its 
inning,  conditions  have  improved  and 
with  them  theatre  business. 

Here,  as  elsewhere,  the  determining 
factor  is  the  product.  Many  small 
town,  up-state  showmen  are  dissatis- 
fied with  current  production  trends. 
Thev  declare  themselves  hungrv  for 
family  type  pictures  and  maintain 
thev  are  getting  anything  but. 

On  repeal,  there  is  no  excitement 
and  not  much  anticipation.  Whatever 
anticipation  does  prevail  rests  on  the 
expectation  liquor  manufacture  will 
send  up  the  purchasing  dollar  curve 
by  putting  more  people  to  work.  On 
that  basis,  it  is  figured  theatres  may 
rean  some  of  the  benefit. 

On  the  code,  there  is  no  particular 
viewpoint.  A  fair  cross-section  of 
opinion  on  that  count  runs  something 
like  this : 

"We  are  heading  for  it  whether  we 
like  it  or  not.  Deputy  Administrator 
Rosenblatt  in  his  speech  before  the 
convention  last  week  painted  a  pretty 
picture  when  he  didn't  get  too  legal. 
We  hope  it's  what  he  says  it  will  be, 
but  we'd  rather  swap  the  code  and 
what  it  may  bring  forth  for  a  steady 
supply  of  box-office  pictures  that  won't 
ofifend  family  trade,  if  that  were  pos- 
sible to  guarantee  which  we  know  it 
is  not." 


_  Madison,  Wis.,  Dec.  1.  —  This 
city,  the  seat  of  the  state  capitol  and 
the  University  of  Wisconsin  with  a 
population  of  some  60,000,  is  about  80 
miles  from  Milwaukee.  It  has  always 
been  recognized  as  a  good  show  town 
and  represents  a  high  purchasing  pow- 
er. At  present  about  1,812  unem- 
ployed persons  are  now  receiving  re- 
lief in  the  Madison  area. 

Since  the  Midwesco  blow-up,  how- 
ever, competition  has  been  pretty  keen 
with  Wisconsin  Amusement  Enter- 
prises, Inc.,  operating  the  Orpheum, 
Parkway  and  Strand,  and  Warners 
operating  the  Capitol.  Both  the  Or- 
pheum  and  the  Parkway  have  been 
playing  first  runs  as  has  the  Capitol. 
In  addition  there  are  two  independent 
houses,  the  Majestic  and  Eastwood. 

(Copyright,   1933,   Quigley  Publications.) 


Two  More  Colonels 

E.  T.  Gomersall,  Universal 
sales  manager  for  the  west- 
ern division,  and  F.  J.  A.  Mc- 
Carthy, eastern  division  sales 
manager,  have  joined  the 
growing  army  of  Kentucky 
colonels.  Their  commissions 
arrived  from  Gov.  Ruby  Laf- 
foon   yesterday. 


Canadians  Ask  New 
Loew  Directorate 


(Continued  from  page    1) 

in  arrears  $38.50  per  share,  but  the 
cost  of  films  to  the  company  has  been 
advanced  from  $53,559  in  1928  to 
$117,613  in  1932.  Waler  points  out 
that  three  directors  of  the  Canadian 
company  are  directors  of  Loew's,  Inc., 
and  Marcus  Loew's  Booking  Agency, 
which  sells  films  to  the  Canadian  com- 
pany. Production  costs  were  at  a 
peak  in  1928,  he  says,  but  film  costs 
to  the  Canadian  company  have  dou- 
bled in  five  years  of  declining  prices. 

Twenty  of  the  largest  shareholders 
are  working  with  the  Royal  Trust 
Co.  on  a  committee.  The  trust  com- 
pany is  controlled  by  Sir  Herbert 
Holt,  who  is  closely  associated  with 
N.  L.  Nathanjon,  president  of  Fa- 
mous Players  Canadian.  Loew's  op- 
erates the  Yonge  St.  Theatre  here  and 
owns  the  Uptown,  which  is  operated 
as  a  first  run  by  Famous  Players  un- 
der  an  annual   rental   arrangement. 


Para,  Men  on  Road 
For  Selling  Drive 

(Continued  from   page    1) 

on  the  way  for  conferences  with 
branch  managers. 

J.  J-  Unger  and  Milt  Kusell  re- 
turned Wednesday  night  from  Wash- 
ington and  Philadelphia  and  on  Tues- 
day plan  to  visit  the  Albany  and  Buf- 
falo branches. 

Stanley  Waite  is  planning  to  leave 
on  a  trip  but  hasn't  definitely  scheduled 
his  tour.  George  J.  Schaefer,  general 
manager,  plans  to  make  a  circuit  of 
the  exchan_ges  in  the  near  future. 


Canadian  Women 
Demand  Censorship 

Toronto,  Dec.  1.— A  deputation  of 
the  Toronto  Federated  Women's  In- 
stitute has  asked  the  Ontario  cabinet 
to  seek  the  establishment  of  a  Federal 
film  censor  board  to  replace  the  pres- 
ent  eight   provincial   censor  boards.  _ 

Representation  for  each  province  is 
being  urged,  so  that  local  opinions  will 
be  reflected. 


Pickford  Trip  Delayed 

Hollywood,  Dec.  1. — Mary  Pick- 
ford  has  postponed  her  business  trip  to 
New  York  from  the  first  week  in 
December.  The  actress  is  waiting 
until  after  the  Christmas  holidays,  so 
that  Gwynne  Pickford,  her  niece,  can 
accompany  her. 


To  Start  in  Richmond 

Richmond,  Dec.  1.— Work  on  a 
new  $60,000  theatre  at  Westhampton 
avenue  within  two  blocks  of  the  Byrd 
is  to  start  soon,  according  to  Walter 
J.  Coulter. 


Wehrenberg 
Sees  Repeal 
As  Film  Aid 


St.  Louis,  Dec.  1. — Repeal  ought 
to  help  theatres  by  cutting  the  price 
of  liquor  and  transferring  some  of  the 
burden  of  taxation  from  amusements 
to  distilling,  declares  Fred  Wehren- 
berg, head  of  the  M.  P.  T.  O.  of  St. 
Louis,  Eastern  Missouri  and  Southern 
Illinois. 

If  liquor  coses  less,  people  will  have 
more  to  spend  on  amusements,  he 
reasons.  What  its  other  effects  will 
be  are  pure  guesswork,  he  points  out. 

Before  prohibition  its  proponents 
declared  abolition  of  the  corner  sa- 
loon would  end  poverty,  restore  pros- 
perity and  send  everybody  who  had 
been  hanging  around  beer  parlors  to 
theatres,  but  it  didn't.  People  spent 
more  money  for  liquor  than  they  ever 
did  before  and  part  of  the  cost  of 
fruitless  efforts  to  enforce  the  prohi- 
bition laws  fell  on  the  amusement  in- 
dustry, Wehrenberg  points  out  after 
sounding  the  sentiments  of  exhibitors 
generally  in  this  territory. 

"Those  who  now  predict  repeal  will 
result  in  a  national  orgy  of  boozing 
are  as  far  off  as  those  who  believed 
the  18th  Amendment  would  bring  last- 
ing prosperity,"  he  says. 

"Undoubtedly  it  will  increase  em- 
ployment. More  money  will  be  put 
into  circulation.  Tax  income  from 
liquor  will  cut  taxation  on  other  in- 
dustries. The  eventual  benefits  will 
reach  theatres." 


Oklahoma  Un worried; 
No  Repeal  Till  1934 

Oklahoma  City,  Dec.  1.— -There 
has  been  much  discussion  here  on 
how  repeal  will  affect  theatre  busi- 
ness, but  Oklahoma  will  not  have  to 
worry  about  the  liquor  situation  until 
July,  1934,  when  the  state  law  is  voted 
on.  Theatre  men  in  Oklahoma  City 
don't  seem  to  be  worried. 

Pat  McGee,  zone  manager  for 
Cooper-Publix,  says :  "I  believe  peo- 
ple who  have  been  using  liquor  will 
continue  to  use  it  and  that  theatres 
will  not  be  particularly  affected  one 
way  or  the  other." 

Morris  Lowenstein,  president  of  the 
Theatre  Owners  of  Oklahoma : 

"I  believe  people  will  be  using  their 
money  to  purchase  the  necessities  of 
life  and  won't  have  a  lot  to  spend  on 
alcoholic  drink.  Certainly  any  reem- 
ployment following  repeal  will  help 
grosses." 


Skouras  Enterprises 
Tax  Ruling  Entered 

St.  Louis.  Dec.  1. — Through  a  stip- 
ulation of  counsel  the  Board  of  Tax 
Appeals  at  Washington  has  entered 
a  deficiency  judgment  of  $8,232  cov- 
ering income  taxes  from  March  25  to 
Dec.  31,  1920,  against  Skouras 
Brothers  Enterprises.  The  company 
is  now  in  bankruptcy. 

On  another  item  for  $4,136  cover- 
ing the  period  from  Jan.  1,  1921,  to 
Feb.  27,  1921,  the  board  reversed  the 
commissioner  and  allowed  the  com- 
pany's claim  for  additional  allowances 
for  deductions,  depreciation  and  or- 
ganization expenses. 


Holiday  Rush 
Sends  B  Vay 
Takes  Soaring 


(Continued  from   page    1) 

on  that  tTioroughfare  to  51st  St. 
Blasting  was  halted  by  Radio  City 
excavators  working  at  the  51st  St. 
corner  in  order  to  safeguard  the 
crowds. 

The  Capitol,  where  M-G-M's  "Danc- 
ing Lady"  opened  on  Thangsgiving 
Day  instead  of  Friday,  as  customary, 
reported  an  opening  day  attendance  of 
18,256,  said  to  be  the  largest  single 
day's  business  there  in  14  months. 
Police  reserve^  were  required  to  han- 
dle Thursday's  crowds  and  capacity 
business  continued  throughout  yester- 
day. 

The  Paramount  wound  up  a  seven- 
day  engagement  of  "Take  a  Chance" 
on  Thursday  to  business  reported  to 
be  near  capacity,  although  the  theatre 
declined  to  divulge  attendance  or  gross 
figures.  With  the  opening  of  "Sit- 
ting Pretty"  yesterday,  and  Gary 
Cooper  in  the  stage  show,  holdouts 
were  the  order  throughout  the  day, 
with  theatre  officials  comparing  busi- 
ness to  that  done  during  the  opening 
week  of  "I'm  No  Angel." 

The  Hollywood  reported  that  War- 
ners "The  House  on  56th  Street"  bet- 
tered the  opening  day  gross  of  "The 
World  Changes"  by  $720  on  Thurs- 
day. Capacity  business  throughout 
yesterday  was  also  reported.  First 
National's  "Son  of  a  Sailor,"  drawing 
capacity  crowds  of  school  children 
and  their  parents  gave  the  Strand  its 
best  business  yesterday  since  "Grold 
Diggers  of  1933"  opened  at  the  house, 
Warners  reported. 

The  old  Roxy,  with  Fox's  "Hoop- 
la," grossed  $9,000  on  Thursday  with 
capacity  patronage  of  20,000  admis- 
sions, and  continued  the  capacity  pace 
yesterday  with  12,000  admissions  for 
the  first  two  shows. 

Business  at  the  Mayfair,  where 
M-G-M's  "The  Chief"  is  current,  and 
at  the  Palace,  where  Universal's  "The 
Invisible  Man"  is  playing,  have  been 
near-capacity  for  the  past  two  days. 
Broadway  subsequent  runs  and_  the 
two-a-days  had  the  same  business 
story  to  tell.  The  S.  R.  O.  signs 
were  out  at  the  Criterion,  with  Para- 
mount's  "Design  For  Living,"  and  at 
the  Astor,  where  M-G-M's  "Eskimo" 
is  current. 


Pittsburgh,  Dec.  1. — Radio's  "Lit- 
tle Women"  broke  all  attendance  and 
monev  records  on  its  opening  day  at 
the  Stanley  here,  grossing  $5,950  on 
14,900  admissions  yesterday  with  the 
aid  of  holiday  price  scales.  Waiting 
lines  extended  for  blocks  and  thou- 
sands were  turned  away.  The  picture 
will  be  held  for  a  second  week,  the 
first  time  a  film  has  ever  been  held 
over  here. 


LaGuardia  at  Gambol 

Mayor-elect  Fiorello  H.  LaGuardia 
will  head  the  list  of  guests  at  the 
Lambs'  Repeal  Gambol  at  the  Astor 
Thursday  night.  Others  expected  in- 
clude L.  W.  Robert,  Jr.,  Ed  Wynn, 
Ethel  Barrymore,  Mme.  Maria  Jer- 
itza,  John  McCormack,  George  M. 
Cohan,  Col.  Marvin  H.  Mclntyre  and 
Stephen  Early.  Frank  Hawks  and 
Rear  Admiral  Yates  Sterling,  Jr. 


MOTION  PICTURE 

DAILY 


Saturday,  December  2,   1933 


Oklahoma  City 
Grosses  Drop 
In  Poor  Week 


Oklahoma  City,  Dec  1. — Local 
theatres  hit  an  average  week  of  $17,- 
200  last  week,  a  considerable  drop 
from   the   $24,700  the   previous   week. 

Although  the  ^lidwest  has  not  been 
reopened  long  enough  to  strike  an 
average,  it  will  probably  have  a  par 
figure  of  approximatel}'  $5,000. 
"Paddy,  the  Next  Best  Thing" 
brought  $5,000   last    week. 

"Bombshell"  gave  the  Criterion  an 
average  week  of  $5,000.  The  Capitol 
playing  "My  Weakness"  did  $3,000, 
which  is  par.  "Hell  and  High  Water" 
and  "King  for  a  Night"  set  in  at  the 
Libertv  brought  average  business  of 
$3,000.' 

Total  first  run  take:  $17,200.  Av- 
erage,   $12,200. 

Estimated  takings  for  week  ending 
November  25 : 

"BOMBSHELL"     (M-G-M) 

CKITERIOX  —  (1.700).  10c-20c-26c-36c- 
41c.  7  days.  Gross:  S5.000.  (Average. 
$5,000.') 

"PADDY,    THE    NEXT    BEST    THING" 
(Fox) 

MIDWEST— (1.500),     10c-36c-56c,    7    days. 
Gross:    S5.000.       (AveraRf   not    set.) 
"MY  WEAKNESS"    (Fox) 

CAPITOi:^(  1.200).  10c-2nc-26c-36c-41c.  7 
days.       Gross:    $.^.000.       (Averaue.    $.^.000.) 

"HELL  AND  HIGH  WATER"   (Para.) 

LIBERTY— (1,500).  10c-15c-26c-36c,  4  days. 
Gross:    $1,800.       (Average    week.   $3,000.) 
"KING  FOR  A  NIGHT"   (Univ.) 

LIBERTY— (1,500).  10c-15c-25c-36c.  3 
days.  Gross:  $1,200.  (Average  week, 
$3,000.) 

"NO    MARRIAGE     TIES"     (RKO) 

VICTORIA— (800),   10c-15c-20c-26c.  3  days. 
Gross:    $700.        (Average    week,    $1,200.) 
"CAPTURE^}"    (Warner) 

VICTORIA— (800),  10c-15c-20c-26c,  4 
days.  Gross:  $500.  (Average  week^  $1.- 
200.) 


"Angel,"  Portland 
Holdover,  $6,000 

Portland,  Dec.  1. — Extended  runs 
on  three  outstanding  pictures  were  the 
rule  during  the  past  week,  despite  a 
lull  in  other  lines  of  business.  "Foot- 
light  Parade"  was  moved  to  Ham- 
rick's  Oriental,  and  grossed  $3,500,  or 
$1,500  over  normal.  "I'm  No  Angel" 
had  another  good  week  at  the  Liberty 
with  an  intake  of  $6,000,  or  $4,200 
over  average.  It  was  continued  a  third 
week. 

"Only  Yesterday"  grossed  $4,000  at 
Hamrick's  Music  Box  or  $1,000  over 
average.     This  also  was  held  over. 

Other  houses  were  considerably 
below  average.  Total  first  run  grosses 
were  $30,000.    Average  is  $30,800. 

Estimated  takings  for  the  week 
ending  Nov.  24 : 

"FEMALE"  (F.N.) 

BROADWAY— (1,912),  25c-35c-40c.  7  days. 
Gross:    $4,500.      (Average.    $6,000.) 

"I'M  NO  ANGEL"   (Para.) 

LIBERTY— (1.800).   25c-35c-40c,   2nd   week, 
7    days.      Gross:    $6,000.      (Average.    $1,800.) 
"ONLY  YESTERDAY"  (Univ.) 

HAMRICK'S  MUSIC  BOX-(2,000),  25c- 
35c-40c,  7  days.  Gross:  $4,000.  (Average, 
$3  000  ) 

"  "FCXJTLIGHT  PARADE"  (Warners) 

HAMRICK'S  ORIENTAI^-(2,040),  25c- 
.35c.  7  days.  Gross:  $3,500.  (Average, 
$2  CiOO  ) 

"BIG  EXECUTIVE"  (Para.) 

PANTAGE.S— (1.700).    25c-3i;c-40c.    Vaude- 
ville.     Gross:    $4,000.      (Average.   $8,000.) 
"MY  WEAKNESS"   (Fox) 

PARAMOI'XT  -  (3.008).  25c -3.5c -40c -50c. 
Vaudeville.  Gross:  $4,000    (Average.  $5,000.) 

"PRIZEFIGHTER  AND  THE  LADY" 
(M-G-M) 

UNITED  ARTIST.S— (945),  25c-35c-40c,  7 
days.     Gross:  $4,000.     (Average,  $5,000.) 


Looking  ^Em  Over 


(Continued   from   pane  2) 


if 


ff 


The  Chief 

{M-G-M) 

There  is  a  lot  of  entertainment  and  plenty  of  laughs  in  this  fast- 
moving  comedy,  which  has  been  made  to  measure  for  Ed  Wynn's 
nonsense.  Parts  of  it  are  purely  slapstick  and  the  ending,  which 
reveals  to  the  audience  for  the  first  time  that  the  story  is  a  picturization 
of  an  Ed  Wynn  radio  broadcast,  appears  less  satisfying  than  an  ending 
which  would  have  carried  the  story  to  its  own  conclusion.  However, 
the  picture  merits  a  good  comedy  rating,  regardless. 

The  broadcast  sequence,  however,  is  not  without  its  value  in  identi- 
fying Wynn  to  audiences  that  know  him  only  as  an  air  attraction. 

Wynn  is  made  honorary  chief  of  a  fire  battalion  in  recognition  of  the 
heroism  of  his  fire-fighting  father.  By  a  comic  accident  he  becomes 
a  fire  hero  himself  and  his  popularity  in  his  district  is  so  great  that 
politicians  put  him  up  for  alderman.  A  rival  political  crowd,  fearing 
their  own  defeat,  kidnap  Wynn's  mother  and  threaten  to  dispose  of  her 
unless  he  retires  from  the  race.  His  own  managers  frustrate  his  efforts 
to  withdraw,  and  as  the  situation  attains  a  comic  climax  the  story  is 
broken  off  to  reveal  Wynn  in  the  broadcasting  studio,  where  he  com- 
pletes the  telling  of  the  story  before  the  microphones. 

Wynn  is  supported  by  an  excellent  cast  which  includes  Dorothy 
Mackaill,  "Chic"  Sale,  William  Boyd,  Nat  Pendleton  and  George  Givot. 
The  latter,  a  stage  recruit,  contributes  two  outstanding  comedy 
sequences  as  a  Bowery  tailor  of  foreign  descent. 


^'Through  the  Centuries** 

(Beacon) 

Rev.  Francis  X.  Talbot,  S.J.,  went  through  the  pages  of  religious 
history  from  the  days  of  Nero  in  Imperial  Rome  and  the  teachings  of 
the  Saviour  in  Palestine  down  to  the  far-flung  modern  missions  of  the 
Catholic  Church  when  he  wrote  this  story,  and  Mrs.  Rita  McGoldrick 
went  through  all  the  film  libraries  of  the  world  from  the  time  of 
"Cabiria"  to  the  latest  newsreel  earthquake  shots  to  illustrate  it. 

It  is  a  remarkable  film,  a  mixture  of  reverence  in  the  scenes  where 
the  life  of  Christ  is  introduced,  with  melodrama,  spectacle,  horror,  war 
and  travel  scenes.  It  has  some  of  the  best  shots  of  "The  Big  Drive." 
Most  of  the  scenes  showing  the  Vatican,  Pope  Pius,  various  Eucharistic 
congresses,  and  mission  workers  are  newsreel  shots. 

The  editing  is  so  well  done  that  each  slow  moving  scene  is  balanced 
with  a  terrific  punch.  Considerable  music  is  introduced  and  there  is  a 
running  narrative  by  Pedro  De  Cordoba. 

The  picture  opened  last  night  at  the  Warner  Theatre  and  is  expected 
to  run  two  weeks  or  more.  After  that  it  is  to  be  shown  on  a  roadshow 
basis,  with  each  showing  sponsored  by  some  Catholic  organization.  It 
is  to  be  handled  by  the  Catholic  Cinema  Service  Division  of  Beacon 
Films. 


Flash  Reviews 


"Smoky" 

(Fox) 
Will  James'  popular  novel  "Smoky"  is  transferred  to  the  screen  with 
sympathy  and  appeal  .  .  .  the  author  appears  in  the  film,  adding  to  its  attrac- 
tiveness. .  .  .  "Smoky"  is  not  a  "horse  opera"  or  even  what  the  trade  knows 
as  a  western  ...  it  is  a  classic  of  the  romantic  west  ...  it  will  please  all 
types  of  audiences. 


"Roman  Scandals" 

(United  Artists  ) 
"Roman  Scandals"  is  Eddie  Cantor  .  .  .  Gorgeous  Goldwyn  Girls  .  .  .  music, 
mirth  and  thrills  .  .  .  singing  "Be  Young  and  Beautiful"  the  hit  number  .  .  . 
the  entire  production  is  mounted  with  splendor  and  magnificence  .  .  .  compared 
to  Cantor's  previous  attractions  ...  it  stands  on  its  own  feet. 


"The  House  on  56th  St." 

(Warners) 
A  distinct  and  mellow  charm  about  the  first  half  .  .  .  Kay  Francis  gives 
one  of  the  best  performances  she  has  shown  in  some  time  .  .  .  Robert  Florey 
has  directed  ably   .   .   .   Francis  yields   several   scenes  to  John   Halliday  and 
Margaret  Lindsay. 

"The  Last  Trail" 

(Fox) 
George  O'Brien  and  Zane  Grey  fans  will  whoop  it  up  over  this  one.     It 
has  never  a  dull  moment  in  its  entire  footage  and  is  endowed  with  humor 
without  stint.  .  . 


"Bean"  Good 
Draw  in  K.  C. 
With  $14,250 


Kansas  C\t\.  Dec.  1. — While 
"After  Tonight,"  plus  "Strike  Me 
Pink"  on  the  stage,  gave  the  Main- 
street  $15,000  for  top  money,  "Christo- 
pher Bean"  was  the  best  straight  film 
draw,  registering  $14,250  at  the  Mid- 
land. "Sweetheart  of  Sigma  Chi," 
an  Uptown  attraction,  took  |3,900, 
better  than  par. 

Total  for  the  week  was  $37,150. 
Average  is  $33,000. 

Estimated  takings : 

Week  Ending  Nov.  23: 

"CRADLE   SONG"    (Para.) 

NEWMAN— (1,800),  25c-40c,  7  days,  plus 
Saturday  midnight  show.  Gross:  $4,000. 
(Average,   $6,000j 

"AFTER  TONIGHT"    (Radio) 

MAINSTREET  —  (3.049).  25c-40c-60c.  7 
days,  plus  Saturday  midnight  show.  Stage: 
"Strike  Me  Pink,"  featuring  James  Bar- 
ton. Leota  Lane.  Billie  Leonard.  Gross: 
$15,000.       (Average.    $14,000.) 

Week  Endina  Nov.  24: 
"CHRISTOPHER  BEAN"   (M-G-M) 

M  IDEA  1V[.D— (4.000),  25c,  7  days,  plus 
Saturday  midnight  show.  Gross:  $14,250. 
(Average,   $10,000.) 

"SWEETHEART   OF    SIGMA    CHI" 

(Monogram) 
UPTOWN— (2,000),       25c-40c,       7       days. 
Gross:   $3,900.      (Average,   $3,000.) 


"Henry  VIII"  Hits 
$7,800,  Providence 

Providence,  Dec.  1. — "The  Private 
Life  of  King  Henry  VIII"  garnered 
a  neat  $7,800  at  the  Paramount  last 
week.  This  is  big  money  these  days 
for  this  house.  Humorous  ad  plugs 
and  trailers  did  much  to  convince 
patrons  in  advance  that  it  was  not  a 
highbrow  costume  picture. 

Next  in  line  was  "Christopher 
Bean"  at  Loew's  State.  It  went  to 
$12,8()0,  over  par  by  $800.  Maria  Gam- 
barelli  was  on  the  stage.  Fay's  drew 
par  with  "College  Coach"  and  the 
Albee  was  a  trifle  off  with  "The  In- 
visible Man." 

Total  grosses  for  the  week  were 
$41,400.    Average  is  $40,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  23 : 

"THE  PRIVATE  LIFE  OF  HENRY  VIII" 
(U.  A.) 
PARAMOUNT— (2,300),    15c-40c,    7    days. 
Gross:   $7,800.     (Average,  $6,500.) 

"COLLEGE    COACH"   (Warners) 
FAY'S— (1,600),     15c-40c,    7    days.      Radio  j 
Ramhlers  on   stage.     Gross:   $7,000.     (Aver- 
age,  $7,000.) 

"FOOTLIGHT  PARADE"  (Warners) 
MAJESTIC— (2,400),    15c-40c,   7   days,    2nd 
week.     Gross:   $6,200.     (Average,  $7,000.) 
"CHRISTOPHER  BEAN"   (M.G-M) 
LOEW'S  STATE— (3,800),  15c-40c,  7  days. 
Maria   Gambarelli  on   stage.     Gross:  $12,800. 
(Average,    $12,000.) 

"HOLD  THE  PRESS"   (Col.) 
"GAMBLING   SEX"    (SUte   Rights) 
RKO  VICTORY— (1,600),   10c-25c,  4  dav. 
Gross:    $1,100.      (Average,    $1,000.) 

"INVISIBLE    MAN"    (Univ.) 
"CHANCE    AT    HEAVEN"    (Univ.) 
RKO    ALBEE— (2,300),    15c.40c,    7    days. 
Gross:  $6,500.     (Average,  $7,000.) 


Jones  Gets  RCA  Post 

Harry  W.  Jones  has  been  named 
sound  supervisor  in  charge  of  all  the 
RCA  Victor  recording  in  New  York. 
He  was  formerly  sound  engineering 
advisor  to  Photophone  sound  licensee? 
here  and  in  Hollywood. 


The  Leading 

Daily 

Newspaper 

bi.  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Indiistry 
in  All 
Branches 


VOL.  34.    NO.  130 


NEW  YORK,  MONDAY,  DECEMBER  4,  1933 


TEN  CENTS 


Memphis  Set 
In  Midst  of 
Dry  Section 

Surrounding  States  Not 
Affected  by  Repeal 

Memphis,  Dec.  3.— Exhibitors  in 
this  area  are  not  interested  in  the 
prospective  benefits  of  prohibition 
repeal  for  the  simple  reason  that  this 
entire  section  will  probably  remain  as 
dry  hereafter   as   heretofore. 

All  the  states  in  the  Memphis  trade 
territory  are  bone  dry,  have  been 
since  long  before  the  prohibition  era, 
and  there  are  laws  on  the  statute 
books  which  could  not  be  pried  off 
under  any  circumstances.  These  states, 
Mississippi,  Arkansas  and  Tennessee, 
are  proverbially  dry.  The  fact  that 
two  of  them,  Arkansas  and  Tennessee, 
voted  for  national  repeal  means  little 
now.  Tennessee  barely  squeezed  by 
(Continued  on  page  15) 


Warners'    Checking 
Gets  85%  Coverage 

With  Warners'  Percentage  Picture 
Checking  Department  now  having  85 
per  cent  national  coverage,  Ralph 
Budd,  head  of  the  department,  expects 
to  get  100  per  cent  coverage  by  Jan.  1. 
Fifteen  field  supervisors  will  cover 
the  country.  The  men  and  the  key 
cities  they  supervise  are: 

David  S.  Ramsdaill,  New  York, 
Brooklyn,  New  Jersey:  A.  J.  Mc- 
Gihley,  Boston,  New  Haven ;  W.  L 
Gledhill,  Albany,  Buffalo,  Pittsburgh ; 

(Continued  on  page  l.S) 


10%  Cancellations  to 
Apply  on  Old  Contracts 


Clearance  to 
Hold  Good  on 
All  Contracts 


Existing  clearance  and  zoning 
schedules  for  1933-34  product  will  not 
be  disturbed  by  the  new  schedules  to 
be  drawn  by  local  boards  immediately 
after  they  have  been  named  by  the 
code  authority,  it  was  learned  over  the 
week-end. 

The  code  cannot  supersede  or  in- 
validate existing  contracts,  all  of 
which  include  the  clearance  rights  of 
the  individual  theatre.  The  new 
schedules  which  the  local  clearance 
and  zoning  boards  are  instructed  to 
draw  up  for  1934,  and  have  ready  by 
Jan.  1,  will  apply  only  to  1934-35 
product,  it  was  pointed  out.  The  an- 
nual clearance  and  zoning  schedules 
will  be  drawn  up  by  the  local  boards 
by  Jan.  1  of  each  succeeding  year  and 

(Continued  on  page  4) 


Argentine  Business 
Off,  Asserts  Lange 

Film  business  has  fallen  off  in  the 
Argentine  during  the  past  year,  says 
Frederick  W.  Lange,  Pararnount  gen- 
eral manager  there,  who  is  now  in 
New  York  for  home  office  conferences. 

Talking  pictures  are  still  a  problem, 
he  says,  with  superimposed  titles  being 
used  generally  on  American  films. 
Title  writers  find  it  difficult  to  get 
the  story  of  the  action  across  to 
Argentine  audiences. 

Lange  expects  to  remain  in  New 
York  for  several  weeks. 


India  Is  Eager  for 
U.  S,  Films— Kelly 

Paris,   Dec.   3.— That   India   offers 

a  fertile  market  for   American   films 

was  the  assertion  of  Arthur  W.  Kelly, 

vice-president    of    United    Artists    in 

(Continued  on  page  13) 


Film  Board  Decides 
To  Retain  Officers 

All  officers  of  the  New  York  Film 
Board  of  Trade  will  be  reelected  Dec. 
13.  The  present  set-up  has  been  asked 
to  serve  another  year  because  of  the 
lull  in  activity  during  the  past  12 
months.  Local  exchange  managers 
feel  that  since  the  President  has 
signed  the  code  there  will  be  plenty  of 
doings  in  regard  to  zoning  and  clear- 

(Continued  o)i  page  13) 


Code  Widows 

After  bringing  home  a  copy 
of  Motion  Picture  Daily 
which  contained  the  complete 
and  official  code,  Tom  Murray, 
who  was  secretary  to  the  ex- 
hibitor code  drafting  commit- 
tee, showed  it  to  his  wife. 
Mrs.  Murray,  after  hurriedly 
perusing  the  text  and  par- 
ticularly noting  the  pictures 
of  the  exhibitors'  committee 
and  Allied  leaders  who  led 
the  insurgent  movement,  que- 
ried: 

"Where  are  the  pictures  of 
the  code  widows?" 


Labor  Looks  for 
Place  on  Boards 


The  belief  that  representatives  of 
organized  labor  will  be  named  to  code 
authority  boards  whenever  labor's 
problems  are  brought  before  that  body 
was  expressed  by  labor  leaders  here 
and  is  seen  as  eliminating  the  possi- 
bility of  a  formal  labor  protest  to  the 
NRA  over  the  appointments  of  Eddie 

(Continued  on  page  4) 


Chicago  Musicians' 
Union  Suit  Started 

Chicago,  Dec.  3. — An  accounting 
of  funds  and  receivership  is  asked  for 
the  Chicago  Federation  of  Musicians 
in  a  bill   filed  by   Frank   Ririzzo  and 

(Continued  on  page  13) 


Chicago  Lovingly  Recalls 
Fair;  Wishes  It  Were  Back 


Third  in  a  series  of  articles  throwing  the  spotlight  on  conditions 
in  the  Middle  West.    Milwaukee  was  covered  in  the  first  two. 


By  RED  KANN 


Chicago,  Dec.  3. — It  was  great 
while  it  lasted,  was  the  World's 
Fair.  Any  circumstance  that  de- 
luded theatremen,  particularly  in  the 
Loop,  into  the  belief  this  was  1929 
when  they  knew  full  well  it  was  1933, 
smacked  of  the  miraculous.  It  was 
that  kind  of  a  circumstance  and  that 


kind    of    a    delusion    and    both    were 
very  easy  to  take. 

Four  years  ago,  B.  &  K.  might 
have  taken  their  huge  grosses  for 
granted.  They  rolled  in  regularly. 
Much  has  taken  place  since  then,  how- 
ever, and  hard  sledding  has  made  the 

(Continued  on  page  3) 


Either   This   or   a   Like 

Concession    in    New 

Deals  Planned 


The  10  per  cent  cancellation  privi- 
lege for  pictures  averaging  $250 
rental,  or  less,  offered  under  the  code, 
will  either  be  extended  by  major  dis- 
tributors to  exhibitors  who  have 
already  signed  current  season  con- 
tracts, or  the  equivalent  of  the  can- 
cellation privilege  will  be  granted  in 
revised  contracts,  Motion  Picture 
Daily  learned  Saturday  as  the  result 
of  a  canvass  of  home  office  executives. 

This,  and  the  fact  that  existing 
clearance  schedules  for  1933-34  prod- 
uct will  not  be  disturbed  by  the  local 
clearance  and  zoning  boards  to  be 
named  by  the  code  authority,  prob- 
ably within  the  next  week  or  two, 
was  determined  in  answer  to  wide- 
spread interest  and  speculation  in 
exhibition  and  exchange  circles 
throughout  the  country. 

Home  office  sales  executives  re- 
vealed that  thousands  of  contracts 
have  been  closed  this  season  which 
carried  the  specification,  written  in 
at  the  exhibitor's  request,  that  the 
contract  was  to  be  amended  to  include 

(Continued  on  page  4) 


Para.  Trustee  Suit 
Hearing  Set  Today 

Arguments  on  a  suit  seeking  the 
removal  of  the  Paramount  Publix 
trustees  in  bankruptcy  are  scheduled 
for  a  hearing  in  U.  S.  Circuit  Court 
of  Appeals  here  today.  The  action, 
brought  by  Samuel  Zirn,  as  attorney 
for  a  group  of  Paramount  Publix 
bondholders,  was  denied  by  the  U.  S. 
District  Court  last  spring,  but  the 
higher  court  granted  an  appeal. 

Further  examination  of  John  Hertz, 
former  chairman  of  the  Paramount 
Publix  finance  committee,  will  be  con- 
tinued this  afternoon  before  Referee 
Henry  K.  Davis,  with  Saul  E.  Rogers, 
attorney  for  a  bondholders'  group, 
questioning  the  witness. 


Para,  Wins  License 
Tax  Dispute  in  La. 

New  Orleans,  Dec.  3. — The  Su- 
preme Court  has  denied  the  authority 
of  the  state  to  collect  a  license  tax 
on  the  leasing  and  distribution  of 
films  here  by  Paramount-Publix. 
(Continued  on  page  13) 


MOTION  PICTURE 

DAILY 


Monday,  December  4,   1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   Office) 


Vol.   34 


December  4,   1933 


No.   130 


Martin   Quigley 
Editor-in-Chief   and  Publisher 


m 


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.,  Mar- 
tin 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  1933  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  yittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau;  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Phil  Kaufman  Dies 
On  Stockholm  Trip 

Stockholm,  Dec.  3. — Phil  Kauf- 
man, Warner  general  manager  in 
Germany,  Scandinavia  and  central 
Europe  with  headquarters  in  London, 
died  suddenly  here  today.  He  had 
been  with  Warners  since  1926.  He 
is  survived  by  a  widow  and  three 
children. 


Jones  Issues  Big  Book 

A  comprehensive  press  book  with 
unusual  publicity  and  exploitation 
angles  has  been  completed  by  Charles 
Reed  Jones  on  "Enlighten  Thy 
Daughter,"  for  Exploitation  Pictures, 
Inc.  A  national  billboard  advertising 
campaign  is  scheduled  for  the  picture. 


Goetz  Gets  ''Narcotic" 

Charles  Goetz  has  taken  over  dis- 
tribution of  "Narcotic."  He  is  also 
handling  reissues  of  a  number  of  silent 
Harold  Lloyd  comedies. 


SIN 

Can  It  Ever 
Be  Right? 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Roman  Scandals*' 

(Goldwyn-U.  A.) 

Hollywood,  Dec.  3. — Few  producers  have  dared  more  often  and  more 
courageously  than  Samuel  Goldwyn.  With  true  gambler's  instinct  for 
venturing  where  others  fear  to  tread,  he  has  repeatedly  shot  his  stake 
on  a  hunch,  to  find  showmen's  response,  reflected  through  the  box-ofifice, 
has  provided  ample  justification  for  his  chancing  the  fling  of  a  fortune. 

He  has  plunged  deeply  again,  has  peeled  the  bills  off  the  bankroll,  and 
with  a  grand  extravagance  produced  the  deluxe  spectacle  of  Eddie 
Cantor  in  his  fourth  annual  musical,  "Roman  Scandals."  Also  with  a 
grand  gesture,  it  was  presented  at  Grauman's  Chinese  with  all  the  fan- 
fare and  panoply  of  a  Roman  holiday. 

"Roman  Scandals"  is  Eddie  Cantor — Eddie  and  the  gorgeous  Goldwyn 
girls — with  music  and  mirth  and  thrills,  in  modern  settings  hinged  to 
the  glory  that  was  Rome. 

Opening  in  a  museum  in  the  modern  town  of  West  Rome,  Eddie,  the 
grocer  boy,  is  discovered  asleep  as  the  statue  of  a  Roman  Empress  is 
unveiled. 

Asked  to  leave  town,  Eddie  meets  with  an  accident  and  reaches  ancient 
Rome  via  the  dream  route. 

On  the  auction  block  in  Rome  he  is  purchased  by  Josephus  (David 
Manners)  as  his  slave.  Because  of  disrespect  to  a  major  domo,  he  is 
jailed,  to  be  flung  to  the  lions.  He  wins  the  favor  of  the  Emperor  by 
laughing  through  torture.  The  Emperor  (Edward  Arnold)  appoints 
him  his  official  food  taster. 

At  the  royal  court  he  rambles  through  the  Roman  baths — attends  the 
auction  of  the  female  slaves — discovers  that  Manners  is  in  love  with 
Princess  Sylvia  (Gloria  Stuart),  held  as  hostage  by  the  Emperor. 

Jealous,  the  Empress  (Veree  Teasdale)  tries  to  poison  her  spouse, 
which  places  Eddie,  the  food  taster,  on  the  well  known  spot. 

With  Manners  and  Gloria  about  to  escape  via  the  chariot  route, 
Eddie  becomes  charioteer,  and  the  race  to  freedom  is  a  slam-bang  high- 
tensioned  thrill  climaxing  the  production,  with  Eddie  waking  up  in  his 
home  town  of  West  Rome. 

Eddie's  antics,  gags  and  foolishness  inspire  the  comedy,  ranging  from 
belly  laughs  to  giggles. 

Big  production  number  is  the  Roman  baths — the  girls  receiving  all 
manner  of  body  treatments,  with  Eddie  as  a  Nubian  slave  bounding  in 
and  out  of  booths,  singing  "Be  Young  and  Beautiful,"  the  hit  number 
of  the  show.  It's  a  spicy  concoction  of  fascinating  femininity — white 
and  ebony — tuneful  music  and  rhythmic  movements  in  the  best  Busby 
Berkeley  style. 

Beaming  beauties,  daringly  revealed  in  various  stages  of  deshabille, 
are  fetching  in  their  various  displays  of  charm.  The  entire  production 
is  mounted  with  splendor  and  magnificence.  Sheer  beauty  in  changing 
visual  image,  brilliantly  photographed,  constantly  intrigues  the  eye. 

While  "Roman  Scandals"  may  be  compared  to  Cantor's  previous 
comedy  attractions — "Kid  from  Spain,"  "Whoopee"  and  "Palmy  Days" 
— it  stands  on  its  own  feet  as  entertainment,  containing  the  ingredients 
that  have  made  this  type  of  musical  extravaganza  popular. 

Cantor,  with  his  big  stage  and  radio  followings,  and  his  recent 
Screen  Actors'  Guild  publicity,  is  the  big  name  draw. 

With  Cantor  and  girl  glamor,  and  the  prestige  of  Cantor's  former 
shows  as  naturals,  "Roman  Scandals"  may  have  been  considered  a  gamble 
by  the  producer,  by  virtue  of  the  amount  expended  in  its  filming,  but 
showmen  are  more  apt  to  rate  it  as  a  sure  thing. 

(Coiiti)tued  o»   pane   13) 


Warners  Off  One-Eighth  on  Big  Board 


High  Low 

Consolidated  Film  Industries,  pfd 9  9 

Eastman  Kodak 79.54  79 

Fox    Film   "A" 14  14 

r.oew's,   Inc 29  2854 

Pithe  Exchange Wt  W» 

Pathe   Exchange   "A" 107^  10?^ 

RKO   ' iVi         2'A 

Warner    Bros 6  5% 


Net 
Close    Chang^e 

9  

7954        

14 


154 
1074 

5% 


—  H. 


Loew's  Bonds  Up  One  Point 


General   Theatre   Equipment   6s   '40. 

Loew's  6s  '41  ww  deb  rights 

Warner  Bros.  6s  '39,  wd 


Net 
High      Low      Close    Change 

.  354    3J4    3^   -  Vi, 
.   81     81     81     -fl 
.  3854   38     3854   


Sales 

100 
30(1 
300 
200 
400 
100 
300 
700 


Sales 

2 
1 
3 


i  Purely 
Personal  ► 


t 


ED  SELZER,  Warner  publicity 
demon,  left  for  the  coast  Satur- 
day to  meet  his  boss,  Charlie  Einfeld, 
and  discuss  special  publicity  assign- 
ments on  forthcoming  Warner-F.  N. 
pictures. 

Frank  McCarthy,  eastern  district 
manager  for  Universal,  has  returned 
from  a  tour  of  exchanges  under  his 
supervision.  j 

Ben  Goetz,  who  returned  from  the 
coast  last  week,  plans  to  make  another 
trip  west  shortly. 

Spyros  Skouras  plans  to  leave  for 
the  coast  this  week  to  confer  with  his 
brother,  Charles. 

Joan  Crawford  is  on  her  way  to 
the  coast  to  resume  work  after  a 
three-week   vacation   here. 

Richard  A.  Rowland  attended  the 
Friday  night  performance  of  "Three 
and  One." 

James  Wallington  will  appear  on 
the  7th  Ave.  Roxy  stage  starting  Fri- 
day. 

Henry  Brunet  of  Columbia  sails 
for  Brazil  any  day  now. 

Edgar  Bergen,  ventriloquist,  will 
start  work  in  a  Vitaphone  short  today. 


Schlaifer,  Gold  to 
Tour  U,  A.  Exchanges 

L.  J.  Schlaifer,  western  division 
manager  for  United  Artists,  leaves 
on  a  tour  of  exchanges  under  his 
supervision  this  week.  Harry  Gold, 
eastern  division  head,  plans  to  leave 
on  a  visit  of  branches  in  the  east 
shortly. 


Wynn  Wins  Verdict 

Ed  Wynn  was  found  not  guilty  of 
assaulting  Morris  Newman,  process 
server,  when  Newman  tried  to  serve 
Wynn  with  a  summons.  Albert 
Baron,  the  comedian's  secretary,  how- 
ever, was  found  guilty  of  the  charges, 
and  fined  $10  by  Magistrate  L.  McGee 
in  the  Yqrkville  court.  Baron  pro- 
tested the  verdict  and  will  appeal. 


Take  on  Chadwick  Film 

Syndicate  Exchange,  Inc.,  has  ac- 
quired New  York  and  northern  New 
Jersey  distribution  rights  to  "Wine, 
Women  and  Song,"  an  I.  E.  Chadwick 
production,  with  Lilyan  Tashman. 
This  is  the  first  of  four  Chadwick 
productions.  Gaumont-British  will 
distribute  the  group  in  the  United 
Kingdom. 


"Women"  Sets  Loop  Mark 

Chicago,  Dec.  3. — "Little  Women" 
broke  the  opening  day  record  for  the 
RKO  Palace  with  11,000  persons 
paying  $5,500.  A  capacity  week,  with 
a  take  of  $35,000,  is  looked  for. 


"Design"  for  Paramount 

"Design  for  Living"  is  dated  for  the 
Paramount  starting  Dec.  29,  following 
the  run  of  "Alice  in  Wonderland." 


Monday,  December  4,    1933 


MOTION  PICTURE 

DAILY 


^Twas  Qreat  Fair  While  It  Lasted 


Fair  Lovingly 
Recalled  by 
Chicago  Trade 

{Continued  from  pai/e  1) 

operators  of  Chicago's  ace  circuit  duly 
appreciative  of  lesser  favors  and  per- 
haps more  appreciative  of  miracles. 
Exhibitors  don't  like  to  wax  enthu- 
siastic about  business  even  when  it's 
good.  Certainly  they  shy  harder 
when  a  reporter's  pencil  is  poised; 
the  price  of  film  might  jump.  Re- 
gardless of  non-committal  statements 
and  some  at  variance  with  others,  as 
well,  the  fair  did  plenty  for  Chicago 
theatres,  downtown  and  outlying,  and 
that's  why,  in  loving  and  yearning 
terms,  they  wish  the  exposition  were 
back  again. 

Trade  No  Longer  National 
It  will  be — next  summer.  But  that's 
some  months  away  and,  aside  from 
that,  opinion  is  rather  sharply  divided 
on  the  repeat  run  and  what  it  will 
bring.  Film  men  here,  or  many  of 
them  anyway,  lean  toward  the  idea 
the  midway  in  1934  will  turn  out  to 
be  less  national  and  more  municipal ; 
that,  whereas  the  22,000,000  who 
passed  through  the  gates  this  past 
summer  were  drawn  from  every  state 
in  the  union,  next  season  will  find  the 
patronage  concentrating  from  a  radi- 
cally diminished  radius.  If  this 
eventualizes  into  facts,  theatre  busi- 
ness may  not  be  so  hot  on  the  theory 
that  local  purchasing  power  will 
divide  itself  between  the  fair  and  its 
attractions  and  the  theatres  and  theirs. 

It  was  the  visitor  who  sweetened 
grosses  during  the  summer.  Those 
22,000,000  who  clocked  in  at  the  fair 
were  not  all  out-of-towners  and, 
naturally,  many  went  through  the 
turnstiles  many  times.  However,  the 
foreign  cars  that  jammed  the  city,  the 
premiums  on  hotel  rooms  and  all  of 
the  intense  activity  pertinent  to  the 
exposition  left  their  mark  on  theatre 
grosses.  They're  still  trying  to 
match  it. 

De  Luxers  Fattened 

There  is  no  question  but  that  the 
de  luxers  in  the  Loop  fattened  well 
on  the  situation.  The  visitor  from 
the  hinterland  obviously  did  not  spend 
every  day  and  every  night  on  Fair 
grounds.  Those  big  Chicago  houses 
he  had  heard  about  were  something 
to  see  at  least  once,  and  he  went. 
The  stage  end  of  the  shows  each 
week  was  built  up  to  capitalize  on 
the  current  drift  and  so  the  one-time 
visitor  no  doubt  went  more  frequently. 

In  the  neighborhoods,  it  was  a  case 
of  ditto  on  a  smaller  scale.  Many  of 
those  who  took  in  the  fair  stopped 
with  friends  and  relatives — there 
must  have  been  untold  thousands  who 
did  that,  for  hotels  alone  could  not 
have  accommodated  the  hordes  that 
avalanched   on   Chicago. 

Inadequate  transportation  facilities, 
the  open  spaces  to  the  tune  of  miles 
between  the  various  sides  of  the  city 
and  the  Loop,  the  difficulty  of  park- 
ing downtown  as  well  as  the  cost 
were   factors   which   influenced   many 


The  Week  of  Fond  Memories 

Chicago,  Dec.  3. — Long  to  be  remembered  in  the  Loop  will  be  the 
week  ending  Sept.  2,  for  it  was  then  that  the  big  theatres  hit  their 
biggest  business  not  only  in  1933  but  in  several  years  past. 

Here  is  what  happened: 

The  Chicago  did  $75,000  against  an  average  of  $34,600.  On  the 
stage:  Sally  Rand,  Amos  'n'  Andy,  Vincent  Lopez.  On  the  screen: 
"Goodbye  Again." 

The  Oriental  did  $38,000  against  an  average  of  $23,000.  On  the 
screen:  first  week  of  "Tugboat  Annie." 

The  United  Artists  did  $17,000  with  the  second  week  of  "The 
Masquerader."     Opening  week  average:  $17,000. 

The  Palace  did  $31,000  against  an  average  of  $22,000.  On  the 
stage:  George  Jessel,  Dorothy  Stone  and  Notre  Dame  Glee  Club. 
On  the  screen:  "No  Marriage  Ties." 

The  McVickers  did  only  $9,000  with  a  second  week  of  "Moonlight 
and   Pretzels."     Opening  week  average:   $13,000. 

The  Roosevelt  did  $14,000  against  an  average  of  $11,000.  Unusual 
business  in  that  the  attraction  was  "The  Gold  Diggers,"  then  play- 
ing its  10th  week  in  the  Loop. 

Combined  total  tallied  to  $184,000,  the  week  of  fond  memories. 


to  stick  to  their  neighborhood  houses 
for   entertainment.     They   did. 

B.  &  K.,  represented  in  the  Loop 
with  the  Chicago,  McVickers,  Orien- 
tal, United  Artists  and  Roosevelt, 
reached  their  peak  with  a  profit  of 
$75,000  one  week.  It  didn't  stay 
there,  according  to  the  well-informed 
here,  but  remained  sufficiently  and 
heavily  enough  in  the  black  to  keep 
the  Paramount-owned  circuit  finan- 
cially comfortable  and  mentally  hap- 
pier in  the  realization  that  the  public 
continues  wiUing  to  part  with  its 
money. 

In  the  27  weeks  from  the  theatre 
week  ending  May  27  to  the  theatre 
week  ending  Nov.  25,  a  transforma- 
tion, plus  a  rejuvenation,  came  over 
the  Loop.  Whereas  the  Chicago,  Mc- 
Vickers, Palace,  United  Artists  and 
Roosevelt — combined  capacity  12,084 — 
were  staggering  along  under  a  total 
gross  of  $64,000  for  that  early  week, 
June  brought  a  noticeable  increase, 
not  noticeable  because  of  the  jump  in 
total  gross,  which  went  to  $75,500 
for  the  week  ending  June  10,  but  sig- 
nificant because  it  began  to  look  as 
if  things  were  happening.  As  a  mat- 
ter of  fact,  business  hadn't  bettered 
much  because  by  that  time  the  3,940- 
seat  Oriental  had  reopened  with  an 
$11,300  first  week's  gross  on  "Reunion 
in    Vienna." 

Thereafter,  the  major  houses  were 
six.  Fair  visitors  were  piling  in  with 
the  summer  school  holiday  and  the 
best  days  the  Loop  had  seen  since  '29 
were  with  it  once  again.  By  mid- 
August,  combined  takes  had  doubled 
themselves  with  a  little  to  spare, 
and  stayed  that  way  for  10  weeks  out 
of  the  27. 

Figures  Tell  the  Story 

The  figures  that  follow  tell  the 
story  of  the  dash  up  the  line : 

Week  Ending  Gross 

May  27 ^4,000 

June    3 63,300 

June  10 75,500 

fune  17 87,800 

June  24 96,300 

July     1 108,300 

July     8 119,800 

July  15 110,000 

July  22 105,900 

July  29 107,000 

August     5 101,800 

August  12 148,800 

August  19 123,700 

August  26 174,500 


Theatre  Men 
Smiled  While 
Show  Lasted 


September    2 184,000 

September     9 161,200 

September    16 148,800 

September   23 121,500 

September   30 122,500 

October     7 130,800 

October   14 178,000 

October  21 168,000 

October   28 141,300 

November     4 1:39,000 

November  11 115,000 

November  18 103,500 

November  25 101,000 


Chicago  Grosses  Leaped 

The  Chicago,  ace  B.  &  K.  house, 
with  an  established  average  of  $34,600, 
had  dipped  to  $25,000  for  the  week 
ending  June  3  with  "Eagle  and  the 
Hawk"  and  Singin'  Sam  heading  the 
stage  show.  Two  weeks  later,  it  had 
clambered  to  $41,000  with  "When 
Ladies  Meet"  and  Will  Mahoney. 
The  following  week  earlier  gains  had 
been  retained  and  more  rolled  up, 
George  Givot  and  the  Piccoli  troupe 
on  the  stage  with  "Jennie  Gerhardt" 
on  the  screen  giving  the  house  $43,000. 
A  few  thousand  shy  of  a  complete 
double  over  average  kicked  in  the 
week  ending  Aug.  12  when  Sally 
Rand  and  her  fans  packed  'em  in  to 
the  tune  of  $64,000.  "Another  Lan- 
guage," then  current  as  the  film  at- 
traction, did  its  share  to'  attain  that 
figure. 

August,  the  big  vacation  month, 
proved  a  boon.  Sally's  fans  apparently 
meant  something  or  other,  for,  in  the 
last  week  of  that  month,  the  take  had 
gone  to  $73,000.  What  year  was  this 
anyway?  It  took  the  first  week  of 
September,  however,  to  give  the 
Chicago  a  terrific  gross  at  $75,000. 
The  stage  show,  highlighting  the  fan 
dancer,  Amos  'n'  Andy  and  Vincent 
Lopez,  undoubtedly  did  it.  "Goodbye 
Again"  was  the  feature.  In  those  27 
weeks  the  house  had  23  weeks  of 
above  average  business,  yet  in  the 
last  two  weeks  has  slipped  back  to 
a  $35,000  take. 

The  fair  did  not  spare  its  favors. 
There  is  the  Palace,  RKO's  only 
house  in  the  city  now  that  Aaron 
Jones  has  the  State-Lake.  That 
theatre,  where  the  average  is  $22,000, 
enjoyed  16  of  the  27  weeks  above  that 
figure,  reaching  its  peak  the  week 
ending  Sept.  19  with  a  $37,000  take, 
or  a  $15,000  profit,  with  "Morning 
Glory"  and  Sophie  Tucker.  Indica- 
1  tive  of  the  wide  ebb  and  flow  of  busi- 


ness in  this  spot  is  the  low  of  $14,000 
for  the  period  reached  the  week  end- 
ing May  27  with  "Below  the  Sea" 
and  Jimmy  Barton. 

McVickers  Not  So  Strong 

The  McVickers  failed  to  do  as  well 
as  some  of  its  neighbors,  chalking  up 
only  four  above-average  weeks  in  the 
27.  The  theatre  had  plenty  of  $9,000- 
$9,500  weeks  to  combat  an  average  of 
$13,000  and  touched  its  highlight  at 
$20,000  in  the  seven  days  to  Oct.  11, 
which  was  first  week  of  "Too  Much 
Harmony"  at  a  30-40-60  cent  scale. 
The  low  was  very  low  on  two  counts, 
each  $5,000  furnished  by  "Life  of 
Jimmy  Dolan"  for  the  week  ending 
June  24  and  "The  Woman  I  Stole" 
for  the  week  ending  July  1.  The 
scale  then  geared  to  25-35-50  cents, 
of  course,  was  a  factor. 

Interestingly  enough,  the  Roosevelt 
likewise  had  four  weeks  topping  its 
average  of  $11,000.  Curiously,  too, 
the  peak  of  $16,000  was  reached  with 
a  return  run  of  "Penthouse"  the  week 
ending  Oct.  14.  "Picture  Snatcher" 
— week  ending  May  27 — and  "Storm 
at  Daybreak" — week  ending  Aug.  5 — 
furnished  the  low,  $6,500  in  each  case. 

"The  Gold  Diggers"  and  "I'm  No 
Angel"  sweetened  the  treasury  of  the 
Oriental,  which  has  to  do  $23,000 
before  its  average  is  overtaken.  The 
first  picture  remained  for  six  weeks, 
rolled  up  a  $121,000  gross  and  ranged 
from  a  $36,500  opening  week  which 
closed  on  July  1  to  a  final  stanza  at 
$10,000.  The  West  rage,  crystallized 
in  her  second  picture,  made  the  Orien- 
tal box-office  groan  at  $50,000,  or  a 
$27,000  profit  on.  the  opening  week 
which  terminated  on  Oct.  14.  For 
five  additional  weeks,  "I'm  No  Angel" 
held  forth,  chalking  up  a  final  count 
of  $185,000  and  doing  a  handsome 
$15,000  in  its  sixth  and  closing  inning. 
Somewhat  different  from  the  low  of 
$10,000  struck  by  "The  Power  and 
the  Glory"  when  it  finished  its  week 
Oct.  7. 

U.  A.  Fell  Below  Others 

Although  the  United  Artists  re- 
flected the  boom  times  along  the  street, 
it  fared  less  auspiciously  than  the 
others.  It  was  the  first  week  of  "The 
Bowery"  which  captured  high  spot 
there  with  a  $26,500  take  by  Oct.  21 
and  was  rivalled  only  by  the  initial 
week  of  "The  Masquerader,"  which 
drew  in  $25,000  when  the  seven  days 
to  Aug.  26  were  over.  The  low  was 
made  by  "Warrior's  Husband"  at 
$7,000  for  the  week  ending  July  8, 
or  before  the  summer  vacationists  had 
descended  so  heavily  on  the  town. 

Vastly  different,  then,  is  the  B.  &  K. 
situation.  With  its  circuit  intact  on 
the  north,  south  and  west  side  of  the 
city  but  augmented  by  the  Terminal, 
once  a  Fox  house,  this  enterprising 
(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Monday,  December  4,   1933 


Cancellations 
Also  to  Apply 
On  Old  Pacts 


(Continued  from  page  1) 

any  code  provisions  not  appearing  in 
the  contract  at  such  time  as  the  code 
was  signed  by  the  President.  Such 
contracts  will  automatically  derive 
the  benefit  of  the  10  per  cent  cancel- 
lation privilege  and  all  other  pro- 
visions and  restrictions  of  the  code 
not  found  in  the  contract. 

Some  to  Extend  Benefits 

In  other  cases,  however,  sales  man- 
agers indicated  a  willingness  to  extend 
the  benefits  of  the  cancellation  clause 
to  existing  contracts  wherever  indi- 
vidual cases  merited  it.  These  would 
not  include  contracts  in  which  the 
rental  had  been  determined  on  the 
basis  of  purchase  of  the  distributor's 
entire  block  of  pictures,  it  was  made 
clear.  In  such  cases,  distribution 
executives  said,  exhibitors  would  be 
afforded  their  choice  of  either  carry- 
ing out  their  existing  contracts  for 
the  entire  block  or  negotiating  a  new 
contract  which  would  include  the 
cancellation  provision  and  carry  re- 
vised rentals  based  on  the  exhibitor's 
choice  of  less  than  the  entire  block  of 
pictures. 

A  liberal  attitude  toward  exhibi- 
tors already  signed  up  on  contracts 
not  calling  for  the  cancellation  was 
indicated  by  most  sales  managers. 

"Why  should  we  withhold  any 
benefit  of  the  code  from  accounts  that 
had  enough  confidence  in  our  product 
to  sign  up  early?"  was  the  attitude 
of  several. 

New  contracts  with  a  clause  added 
containing  the  code  cancellation  pro- 
visions are  being  sent  out  daily  by 
national  distributors  and  some  ex- 
changes are  already  using  them  as  the 
basis  on  which  deals  with  unsold 
theatre  men  are  being  discussed.  Prac- 
tically every  national  exchange  in  the 
country  is  expected  to  have  a  supply 
of  the  new  forms  on  hand  by  the  end 
of  the  week. 


Meyer  and  Vincent 
Given  MPTOA  Posts 

Fred  S.  Meyer,  head  of  the  M.  P. 
T.  O.  of  Wisconsin,  has  been  elected 
secretary  of  the  M.  P.  T.  O.  A.,  and 
Walter  J.  Vincent  of  the  Wilmer  & 
Vincent  circuit  has  been  elected  treas- 
urer by  the  board  of  directors  of 
M.  P.  T.  O.  A.  to  fill  vacancies 
created  by  the  recent  resignations  of 
M.  J.  O'Toole,  former  secretary,  and 
Jay   Emanuel,  former  treasurer. 


Ennis  Joins  Majestic 

Bert  Ennis,  formerly  advertising 
and  publicity  director  for  Columbia. 
has  been  placed  in  charge  of  the  same 
department  at  Majestic  Pictures  by 
E.  H.  Goldstein,  executive  vice-presi- 
dent. Evelyn  Lee  Koch  continues 
with  Majestic  as  an  assistant  to  Ennis. 
Jack  Hess,  formerly  in  charge  of  Ma- 
jestic advertising  and  publicity  on  the 
west  coast,   resigned  recently. 


Kent  to  Coast  Today 

S-  R.  Kent  leaves  for  the  coast 
today.  The  Fox  president  returned 
last   week   from   Europe. 


Chicago  Lovingly  Recalls 
Fair;  Wishes  It  Were  Back 


{Continued  frotn  page  3) 

outfit  which  pretty  much  sets  the 
theatre  fashions  for  the  Windy  City 
is  sailing  along  in  the  black  when  a 
j'ear  ago,  almost  to  the  day,  it  was 
$30,000  to  $40,000  a  week  in  the  red. 

It  is  almost  a  year  ago  to  the  day, 
as  well,  when  Barney  Balaban  ana- 
lyzed for  this  writer  what  he  thought 
the  Loop's  trouble  was  all  about.  He 
then  placed  two-thirds  of  it  on  the 
fact  the  150,000  transients  who  for- 
merly breezed  downtown  every  day 
no  longer  did.  The  other  third  he 
blamed  on  the  competition  of  outlying 
theatres,  many  of  which  are  as  hand- 
some and  as  comfortable  as  anything 
the  Loop  has  to  offer.  Many  of  them, 
too,  are  operated  by  B.  &  K.  with 
results,  due  to  price  levels  lower  than 
downtown,  which  the  Balabans  have 
found  out  about  long  since. 

On  Balaban's  own  analysis,  then, 
two-thirds  of  the  first  runs'  troubles 
disappeared  during  the  fair  months 
and  the  other  third  remains,  as  it  will, 
to  wonder  about,  poke  at  and  experi- 
ment with  in  seasons  to  come.  En- 
couraging is  the  situation  on  operating 
theatres.  Film  Board  records  main- 
tained by  Emma  Abplanalp  show  that 
not  only  are  all  of  the  houses  in  the 
city  proper  which'  were  open  last  year 
operating  this  year,  but  the  total  goes 
further  on  the  plus  side  by  an  addi- 
tion of  five.  Against  339  active 
houses,  28,  seating  17,434,  have 
darkened  or  have  been  demolished. 
Most  of  the  28  were  inactive  at  the 
same  time  in  1932  anyway. 

Down  state,  exhibitors  either  are 
doing  better  business,  waiting  hope- 
fully for  a  turn  or  for  the  execu- 
tioner since  there  are  18  more  houses 
in  the  active  column  than  there  were 
in  early  December  last  year. 


How  double  features  gave  may  to 
singles  and  by  zvhat  route,  the  inside 
on  a  move  to  establish  minimum  ad- 
missions at  IS  cents,  B.  &  K.'s  great- 
est annoyance  in  the  competition  which 
is  the  Loop's — these  are  some  of  the 
angles  to  be  included  in  the  second 
and  concluding  article  on  Chicago, 
slated  for  early  publication. 

{Copyright,  1933,  Quigley  Publications.) 


Ahramson  Suit  Down 
For  Trial  This  Week 

Trial  of  Ivan  Abramson's  $1,300,000 
suit  against  the  Hays  office  and  prac- 
tically all  the  producers  in  the  industry 
for  alleged  conspiracy  to  force  him 
out  of  business  in  violation  of  the 
anti-trust  laws  is  scheduled  to  start 
this  week  before  U.  S.  District  Judge 
Robert    P.    Patterson. 

A  jury  will  be  impanelled  today 
and  trial  is  down  for  a  start  on 
Thursday.  Hays,  Podell  &  Schulman 
and  Benjamin  S.  Kirsh  represent 
plaintiffs  and  Max  D.  Steuer  is 
counsel  for  Abramson. 


Kramer,  U.A.  Cincy  Head 

Sam  Kramer,  formerly  a  salesman 
in  the  United  Artists  branch  in  Cin- 
cinnati, has  been  promoted  to  man- 
ager, succeeding  Edward  Benson,  re- 
signed. Edward  Goldstein,  formerly 
with  First  National  in  New  York, 
has  taken  over  Kramer's  former 
duties. 


Labor  Looks  for 
Place  on  Boards 


{Continued  from  page  1) 

Cantor  and  Marie  Dressier  to  the  code 
authority. 

Labor's  petition  for  representation 
on  the  code  authority  was  answered 
by  the  NRA  weeks  ago  with  the 
assertion  that  code  authority  functions 
were  considered  to  be  an  employers', 
rather  than  an  employes',  obligation. 
Labor,  however,  views  Miss  Dressier 
and  Cantor  as  representatives  of  an 
"employe"  group. 

With  the  specification  in  the  Presi- 
dent's memorandum  naming  Miss 
Dressier  and  Cantor  to  the  code 
authority,  however,  that  the  two  would 
function  only  when  problems  relating 
to  talent  were  before  the  board,  and 
the  further  declaration  from  Adminis- 
trator Hugh  S.  Johnson  that  labor 
could  be  represented  on  code  authority 
boards  "if  labor  really  wants  it," 
budding  opposition  to  the  Cantor- 
Dressier  appointments  waned. 

Speaking  of  labor  representation  on 
code  authorities.  General  Johnson  said  : 
"I  never  would  lay  down  a  hard  and 
fast  rule.  When  labor  assumes  re- 
sponsibility for  management  it  is 
assuming  responsibility  for  profit  and 
loss — which  is  not  labor's  traditional 
position." 

Industry  labor  spokesmen  here 
pointed  out  that  the  executive  order 
accompanying  the  code  asked  for 
investigations  of  salary  and  talent 
"raiding,"  which  are  expected  within 
90  days  and  involve  groups  repre- 
sented by  Miss  Dressier  and  Cantor, 
which  made  necessary  their  immediate 
naming  to  the  board.  Because  of  this, 
industry  labor  organizations  feel  that 
as  soon  as  labor  problems  arise  for 
code  authority  action,  labor's  repre- 
sentatives will  be  named  also. 

These  phases  of  the  code,  however, 
are  slated  for  formal  discussion  today 
with  the  return  of  William  Elliott, 
I.  A.  T.  S.  E.  head,  from  Boston, 
it  was  said. 


Milwaukee  Pastors 
Demand  Clean  Films 

Milwaukee,  Dec.  3. — Echoes  of 
recent  objections  to  allegedly  shady 
advertising  in  Milwaukee  and  several 
other  Wisconsin  cities  were  heard  at 
a  meeting  of  the  Milwaukee  Minis- 
terial Ass'n  at  which  ministers  pres- 
ent were  urged  to  undertake  a  cam- 
paign to  clean  up  the  press,  billboards 
and  theatres  of  Milwaukee  as  far  as 
picture  displays  are  concerned.  It 
was  asked  that  Mayor  Hoan  and  the 
police  department  be  called  in  to  help 
ministers  in  the  war  on  obscenity. 

In  Oshkosh  the  county  board  ha.s 
passed  a  resolution  suggesting  that 
theatres  in  Winnebago  County  avoid 
the  showing  of  pictures  involving 
crime  and  immorality.   > 


Kidnap  Film  Halted 

London,  Dec.  3. — American  news- 
reels  portraying  a  reconstruction  of 
the  Brooke  Hart  kidnapping  and 
showing  flashes  of  the  lynching  of 
John  Holmes  for  Hart's  murder  were 
withdrawn  from  British  houses  yes- 
terday. 


Clearance  to 
Hold  Good  on 
All  Contracts 


{Continued  from  page  1) 
will    apply   to   the   following    season's  i 
product,  according  to  code  provisions.  ' 

Although  the  code  specifies  that  the 
new  season  clearance  and  zoning 
schedules  must  be  completed  for  each 
exchange  territory  by  Jan.  1,  it  is  re- 
garded as  certain  that  the  Recovery 
Administration  will  extend  the  time  > 
limit  to  February  or  March,  1934,  be-" 
cause  of  the  delay  which  was  en- 
countered in  approving  the  code.  The 
local  boards  will  not  come  into  exist- 
ence until  the  code  authority  has  met 
and  named  their  personnel,  which  may 
require  another  10  days  or  two  weeks. 
For  these  boards  to  complete  the  local 
schedules  by  Jan.  1  would  be  next  to 
impossible,  it  is  pointed  out. 

Moreover,  all  that  is  regarded  as 
necessary  in  connection  with  the  new 
schedules  is  that  they  be  in  existence 
before  new  season  sales  meetings  and 
product  announcements  develop. 

Boards'  Makeup  Defined 

The  clearance  and  zoning  boards  to 
be  named  by  the  code  authority  for 
each  of  the  32  exchange  districts  are 
to  consist  of  two  distributor  represen- 
tatives, one  having  theatre  affiliations 
and  the  other  without;  two  first  run 
exhibitor  representatives,  one  ajSiliated, 
if  there  be  any  in  that  territory,  and 
the  other  unaffiliated;  two  unaffiliated 
subsequent  run  exhibitors,  and  one 
member  having  no  industry  connec- 
tion, approved  by  the  Administrator 
and  acting  as  the  representative  of  the 
code  authority,  who  will  vote  only  in 
cases  of  deadlock. 

A  chairman  of  each  board  will  be 
elected  by  a  majority  vote  of  its  mem- 
bers. 

The  local  grievance  boards,  also  to 
be  named  by  the  code  authority  for 
each  exchange  district  to  hear  com- 
plaints not  involving  clearance  and 
zoning,  are  to  consist  of  one  distri- 
butor representative  with  theatre  af- 
filiations and  one  without;  one  af- 
filiated exhibitor  and  one  unaffiliated, 
and  a  fifth  having  no  connection  with 
the  industry,  approved  by  the  Ad- 
ministrator, and  acting  as  the  code  au- 
thority representative,  to  vote  only  in 
cases  of  deadlock.  Grievance  boards 
elect  their  own  chairmen. 

Qualifications  for  membership  on 
the  boards,  as  specified  in  the  code, 
require  only  that  members  be  "of  good 
repute  and  standing  in  the  industry" 
and  take  an  oath  to  act  fairly  and  im- 
partially. 

So  great  is  the  interest  in  the  prob- 
able membership  of  these  boards  that 
several  home  offices  are  known  to  have 
requested  a  list  of  eligible  men  from 
theatre  and  exchange  affiliates  in 
many  of  the  important  key  cities. 


U.  A.  Drops  Two  Films 

United  Artists  has  taken  two  pic- 
tures off  the  current  release  sched- 
ule. They  are  "The  Great  Barnum" 
and  "I  Knew  Her  When."  The  first 
will  be  produced  this  season,  but  will 
not  be  released  until  1934-35.  The 
second  will  not  go  into  work  this  sea- 
son and  may  be  dropped  from  the 
production  program  entirely.  Both 
are  20th  Century  listings. 


I 


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In  rmji-km  picfares 

JS^otTheafte 
MftacHohS 

me  Hi€  Aristocrol^ 

of  Wie  screen 
Soon  in  the 

THEATRES  of  the 
NATION 

METRO-eOLOWyN-AWfR 

Plt6S6iMTS 


icrrujj 


Greatest  amusement  property  of  our  time!  Glorified 
by  12  brilliant  stars.  It  flames  with  drama  . .  .  the  fallen 
matinee  idol  .  .  .  the  millionaire's  frivolous  wife  .  .  . 
the  amorous  doctor  of  the  idle  rich  . . .  stolen  hours 
of  romance.  Thrilling  entertainment  in  M-G-M's 
"Dinner  at  8"  and  already  publicized  to  the  public 
over  months  of  showman-sponsored  road-shows! 

4  MONTHS  ON 
BROADWAY- 
3  MONTHS  IN 
LOS  ANGELES- 

And  brilliant  road-show 
engagements  ranging  from 
one  to  four  weeks  in 

Saratoga,  N.Y.,Asbury  Park,  N.J. , 
Atlantic  City,  N.  J.,  Montreal, 
Buffalo,  Toronto,  Cleveland, 
Columbus,  St.  Louis,  Cincinnati, 
Detroit,  Atlanta,  Baltimore, Phila- 
delphia, New  Haven,  Bosto 
Pittsburgh,  Hartford,  Chicag 
Washington,  D.  C. 


The  Pride  of 

METRO 

GOLDWYN 

MAYER 


•DRESSIER 

JOHN 

•  BARRYMORE 

*  WALLACE    BEERY 
LIONEL 

•  BARRYMORE 

•  lee   TRACY 

•  EDMUND     LOWE 

•  billie    BURKE 

-k  MADGE   EVANS   *  JEAN   HERSHOLT 
•  KAREN  MORLEY  *  PHILLIPS  HOLMES 

Directed  by  GEORGE  CUKOR 

From  the  Sam  H.  Harris  stage 

success  by  George  S.  Kaufman 

'and  Edna  Ferber.    Produced 

by  David  O-  Scl^nick. 


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-k  ^  ^  ^  (Four  Stars)  "I  was  thoroughly  enter- 
tained." Kate  Cameron,  Daily  News 

"Lives  up  to  every  expectation.  Cast  of  25  .  .  . 
most  of  the  stellar  lights  of  the  M-G-M  studios. 
One  of  those  rare  pictures  which  keeps  you  in 
your  seat  until  final  fade-out.  Greater  variety  of 
characterizations  than  have  been  witnessed  in 
any  other  picture.    A  grand  evening." 

Mordaunt  Hall,  N.  Y.  Times 

"Lively  and  entertaining  display  of  the  histrionic 
talents  of  most  of  the  California  heirarchy.  Jean 
Harlow  gives  the  grandest  show.  An  excellent 
example  of  smart  and  vigorous  theatre." 

Richard  Watts,  ]r. — Herald-Tribune 

Fine  picture.  Exciting,  many-sided  drama.  Cast 
contains  practically  every  star  on  the  M-G-M  lot. 
If  you  seek  an  entertaining  film,  the  Astor  is  where 
you  can  find  it." 

Wdliam  Boehnel — World-Telegram 

"Once  more  a  parade  of  names  at  the  Astor.  All 
play  well.  It's  another  'Grand  Hotel'  both  as  to 
names  and  box  office." 

]ohn  S.  Cohen,  Jr. — Sun 


Never  so 

many  stars  in 

any  picture 

ARE  YOU  READY  FOR 
WEDNESDAY  NIGHT,  TOO.? 


To  immortalize  this 
glorious  drama  on  the 
screen,  M-G-M  chose 
for  each  exciting  role 
a  brilliant  Star!  When 
"Dinner  at  8"  is  re- 
vealed at  its  World 
Premiere  Wednesday 
Night,  a  new  fame 
will  be  written  in  the 
annals  of  the  Astor 
Theatre. 


"Not  since  'Grand  Hotel'  has  Hollywood  flung 
forth  such  a  star-spangled  banner.  Mightiest 
congress  of  stars  ever  assembled — the  season's 
championship  event.  More  effective  than  the 
play.    Will  be  Gotham's  table  topic  for  months." 

Regina  Crewe — American 

"Stupendous!  Just  look  at  the  names.  Enough 
stars,  stories,  dramas,  big  scenes  to  have  made 
half  a  dozen  movies.  Destined  to  make  a  hit. 
You'll  heartily  applaud  every  player.  Great.  You 
can't  afford  to  miss  it." 

Bland  johaneson — Mirror 

"M-G-M  masterpiece.  Most  gorgeous  entertain- 
ment that  has  yet  come  out  of  the  cinema  city. 
'Grand  Hotel'  fades  into  insignificance.  Most 
dazzling  array  of  stellar  luminaries  ever  assembled. 
The  Astor  will  undoubtedly  be  jammed  for  months, 
with  lines  forming  at  the  box  office." 

Rose  Pelswick — Journal 

"Really  superlatively  acted  and  worth  every  cent 
they  are  charging  at  the  box  office." 

Charles  Hammond — Post 


DINNER^Q 


TWICI  DAILY,  2:50— 1:50. 
NI6HTSHOW.   MAT$.,50< 


,    THin  TUNIS,  SAT.,  SUN.,  HOIS.,  2:S0— S:50— SiSO.    SAT.  MID- 
TO  $1.00.   EVES.,  SOc  TO  $2.00.   SEATS  FOUR  WEEKS  IN  ADVANCE. 


THE    NEW  METRO-GGLDWYN-MAYER   TRIUMPH 


CiA±crl 


Sirtim  tUf  h  FtaMtt$  Marian  tnA 
Htrmam  i.  ManU'witl.  from  M«  Sam 
//.  Harrt.  $lett  pl»J  h 

GEORGE  S.  KAUFMAN  &. 
EDNA  FERBER 

DAVIU  O.  SELZNICK 

Dirtelid  *> 

CEORGB  CUKOH 


■ROADWAY 
ft4SthSTREn 


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A  typical  advertisement  from  the  ''Dinner  at  8"  campaign 


"Thrilling  tale!  Human  interest!  Mala 
would  permit  his  wife  to  sleep  with  men 
of  his  own  tribe,  but  the  white  man's  touch 
meant  death.  Filled  with  amusing,  inter- 
esting and  thrilling  incidents." 

Kate  Cameron — Daily  News 

"Vigorous  and  entertaining  romance. 
Thrills!  Mala  is  magnificent!  His  wives 
are  fetching  and  exotic!" 

Bland  Johaneson — Mirror 

"Melodrama  photographed  in  the  Artie — 
by  an  artist.  Genuinely  thrilling  and 
authentic  scenes:  (l)the  caribou  stampede; 
(2)  Mala's  fight  with  the  polar  bear;  (3) 
the  walrus  hunt;  (4)  Mala's  hand-to-hand 
fight  with  a  wolf;  (5)  the  breaking  up  of 
the  ice  floes." 

]ohn  S.  Cohen,  Jr. — Sun 

"Merits  the  title  *Epic'.  Its  excitements 
keep  each  fibre  tense;  it  fills  the  throat 
with  sobs  and  laughter  by  turns.  More 
than  entertainment,  an  unforgettable 
achievement.  There  is  no  compliment 
great  enough,  'Eskimo'  is  super-superb!" 

Regina  Crewe — American 

''Exciting  melodrama.  A  remarkable  film, 
that  awakens  wonder  as  to  how  the  camera 
men  were  able  to  photograph  some  of  the 
scenes  and  record  the  impressive  sound." 

Mordaunt  Hall — Times 

"That  adventurous  cinema  director,  W.  S. 
Van  Dyke,  returns  with  a  motion  picture 
...good-looking,  exciting,  real  as  its  settings 
and  its  people.  Scenes  showing  the  social 
practices  are  managed  with  an  accent  on 
their  comedy  possibilities." 

Richard  Watts,  ]r. — Herald-Tribune 

"Metro-Goldwyn-Mayer,  the  enterprising 
movie  company  which  sent  an  expedition 
to  Africa  to  film  'Trader  Horn,'  now  goes 
to  the  Arctic.  Must  be  regarded  as  one  of 
the  important  movie  achievements!" 

Martin  Dickstein — Brooklyn-Eagle 


TOO  Gs^TS  Ul&ljBSTP^If^ 

"A  fascinating  film.  It  should  be  seen. 
Really  thrilling,  beautifully  photographed 
and  worthwhile.  Genuinely  arresting  and 
dramatic.  A  motion  picture  of  the  better 
order."  William  Boehne/— World-Telegram 


w 


Robbed  of  the  wife  he  loved,  vengeance  flames 
in  the  Eskimo  hunter's  heart.  A  story  of  ele- 
mental power.  A  background  of  overwhelming 
grandeur.  Scenes  never  before  revealed.  Na- 
ture's children  are  the  actors — the  mad,  stam- 
peding caribou,  the  giant  whale  hunted  by 
humans,  the  hungry  wolf  threshing  the  snow 
in  mortal  combat  with  a  man  Filmed  by 
W.  S.  Van  Dyke  who  gave  Trader  Horn  to 
the  world.   ESKIMO  is  his  masterpiece! 


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Sample  newspaper  ad,  "Eskimo"  campaign 


t'*aif 


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^fT^odAtv  ory-\ 


Great  names!  They  attained  the  heights  of 
glory  and  brought  to  theatres  millions  of 
ticket-buyers.  Now  again  the  spotlight  of 
Astor  Theatre  fame  illumines  two  new 
M-G-M  giant  attractions,  "DINNER  ATS" 
and  "ESKIMO".  They  come  to  a  public  al- 
ready aware  of  their  magnitude,  to  audiences 
which  are  eager  for  the  screen's  mightiest! 


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Monday,   December  4,    1933 


MOTION  PICTURE 

DAILY 


13 


Detroit  Men  Start 
Variety  Club  Plans 

Detroit,  Dec.  3. — Plans  for  organi- 
zation of  a  Variety  Club  here,  similar 
to  those  operating  in  Cincinnati  and 
Pittsburgh,  were  laid  at  a  meeting  of 
35  men  at  a  luncheon  at  the  Book- 
Cadillac. 

Mannie  Gottlieb  of  Universal  was 
named  chairman  of  an  organization 
committee,  which  will  meet  Tuesday 
and  make  final  plans  for  the  club. 
Also  on  the  committee  are :  Otto 
Bolle,  Paramount ;  George  W.  Trendle, 
general  manager  of  Publix  theatres ; 
Morris  Kaplan  of  Metropolitan  Stu- 
dios; OHie  Brooks  of  the  Butterfield 
Theatres  and  Ed  Kirchner  of  the 
Family. 

Purposes  of  the  club  will  be  to 
promote  good  fellowship  and  to  per- 
petuate the  film  relief  fund  which  was 
established  last  summer  at  the  first 
Detroit  film  outing. 

Jack  Flynn,  divisional  manager  of 
M-G-M,  is  temporary  chairman. 


Chicago  Musician's 
Union  Suit  Started 

{Continued  from  page  1) 
Nicholas  Belcaster  against  James  Pe- 
trillo  and  the  board  of  directors.  It 
is  charged  that  Petrillo,  who  is  head 
of  the  musicians'  organization,  used 
$100,000  of  union  funds  as  ransom 
money  to  secure  his  freedom  from  a 
gang  of  alleged  kidnappers  in  June 
of  this  year. 

In  a  denial  of  the  charges  against 
him,  Petrillo  counters  with  the  state- 
ment that  the  suit  is  an  effort  to  dis- 
credit him  before  the  annual  election, 
which  takes  place  Tuesday.  For  the 
first  time  in  11  years  Petrillo  finds 
himself  opposed  for  reelection,  the 
opposition  coming  from  Angelo  Ca- 
vello  and  Nunzion  de  Pasquale. 


Film  Board  Decides 
To  Retain  Officers 

(^Continued  from  page  1) 
ance,    which  will    give    the   officers    a 
busy  year. 

Officers  are:  Robert  S.  Wolflf, 
Radio,  president;  Henry  Randell, 
Paramount,  first  vice-president;  Har- 
ry Hummel,  Warner-First  National, 
second  vice-president ;  Jack  Bowen, 
M-G-M,  treasurer;  Harry  Decker, 
Warner-First  National,  secretary ; 
Edward  Schnitzer,  Columbia,  ser- 
geant-at-arms.  Nominations  were 
held  last  Wednesday  and  the  entire 
slate  was  unanimously  approved. 


Para.  Wins  License 
Tax  Dispute  in  La. 

(Continued  from  page  1) 

Attorneys  for  the  corporation  asserted 
that  the  distribution  of  these  films  was 
interstate  business  and  could  not  be 
taxed  by  the  state.  This  opinion  was 
sustained  by  the  court,  which  held  the 
company  was  liable  to  a  license  for 
selling  advertising  matter  in  Louisiana. 


Roach  to  Enlarge  Plant 

Hollywood,  Dec.  3. — In  line  with 
Hal  Roach's  plan  to  augment  the 
studio  writing  staff,  Henry  Ginsberg 
has  ordered  immediate  reconstruction 
of  the  administration  building  with 
blue  prints  calling  for  six  additional 
offices. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


(Continue  from  page  2) 

''Smofcy" 

{Fox) 

Hollywood,  Dec.  3.— Will  James'  popular  novel,  "Smoky,"  is  trans- 
ferred to  the  screen  with  sympathy  and  appeal. 

It  will  not  only  be  acceptable  to  the  lovers  of  the  book,  but  will  find 
a  warm  spot  with  those  who  for  the  first  time  follow  the  interesting 
growth  of  Smoky,  the  colt,  on  the  screen. 

Will  James,  the  author,  appears  in  the  film,  adding  to  its  attractive- 
ness by  his  interpolated  narration  over  the  action,  telling  of  the  up 
and  down  hill  adventures  of  Smoky  from  colthood,  bronc  roaming  the 
range,  cow-pony  herding  the  cattle,  rodeo  attraction  as  Cougar,  the 
unridable,  dray-horse  on  a  junk  wagon  and  his  trip  to  the  slaughter 
house. 

James'  native  diction  and  drawl  render  distinctive  color  and  veracity 
to  the  production. 

"Smoky"  is  not  a  "horse  opera"  or  even  what  the  trade  knows  as  a 
western.  It  is,  however,  a  classic  of  the  romantic  west  with  balance  of 
drania,  comedy,  and  romance  blending  horse  interest  with  human  interest. 

Victor  Jory  acquits  himself  well  as  the  bronc-buster  who  spots  Smoky 
as  a  colt,  nurses  him  along,  breaks  him  as  a  cow-pony,  only  to  lose  him. 

Irene  Bentley  is  the  feminine  interest.  Hank  Mann  supplies  the 
comedy.  LeRoy  Mason  and  Leonid  Snegofif  are  the  menaces  in  human 
form — and  good,  too. 

Eugene  Forde  directed  with  sympathetic  interest  from  the  well  turned 
screen  play  by  Stuart  Anthony  and  Paul  Perez.  Dan  Clark's  photography 
is  of  high  order. 

"Smoky"  will  undoubtedly  please  all  classes  of  audiences.  It  should 
have  special  appeal  to  lovers  of  dumb  animals. 


Looking  ^Em  Over 


''Tfw  House  on  56th  St/' 

( Warners) 

There  is  a  distinct  and  mellow  charm  about  the  first  half  of  "The 
House  on  56th  St.,"  but  the  second  part  borders  on  the  melodramatic. 
Kay  Francis  gives  one  of  the  best  performance  she  has  shown  in  some 
time,  though  she  yields  several  scenes  to  John  Halliday  and  Margaret 
Lindsay. 

Miss  Francis  is  a  member  of  the  famous  Floradora  sextette,  and,  al- 
though Gene  Raymond  is  aware  that  John  Halliday  has  been  her 
protector  for  some  time,  he  marries  her,  and  whisks  her  away  to  Europe 
on  a  honeymoon.  Here  things  run  smoothly  until  the  honeymooners 
reach  Monte  Carlo,  where  her  gambling  instinct,  and  ability,  inherited 
from  her  father  and  grandfather,  get  the  better  of  her,  and  the  lovers 
have  their  first  disagreement. 

On  the  return  from  abroad,  the  bride  is  presented  a  home  on  56th  St. 
She  is  overcome,  and  expresses  a  desire  never  to  leave  her  house.  A 
baby  is  born,  this  brings  about  a  reconciliation  between  Raymond  and 
his  ultra-social  mother,  who  launches  her  daughter-in-law  to  a  great 
social  success. 

Tragedy  enters,  when  Halliday,  realizing  his  loss,  asks  Miss  Francis 
to  visit  him  for  old  time's  sake.  When  she  refuses  to  come  back  to  him, 
he  commits  suicide.  Circumstantial  evidence  sends  Kay  Francis  to 
Ayburn  for  20  years,  and  while  she  is  there  her  husband  is  killed  in 
France,  and  her  daughter  is  raised  by  the  grandmother.  The  child  is 
led  to  believe  her  mother  is  dead. 

After  her  release,  Miss  Francis  takes  up  with  Ricardo  Cortez,  a 
professional  gambler,  and  together  they  tour  the  world  gambling.  They 
finally  return  to  New  York,  and  she  finds  herself  dealing  a  black-jack 
game  in  her  old  home.  Her  daughter  faces  her  across  the  table  one 
night,  and  to  teach  her  to  give  up  gambling  she  takes  her  for  fifteen 
thousand  dollars. 

Unable  to  pay  her  losses,  Margaret  Lindsay,  the  daughter,  comes 
to  reason  with  Cortez,  and  kills  him  to  prevent  his  telling  her  husband, 
who  had  forbidden  her  to  gamble,  of  her  debt.  Her  mother  takes  the 
blame,  and  allows  her  daughter  to  escape,  but  she  never  reveals  her 
identity.  After  allowing  this  escape,  Miss  Francis  is  under  obligation 
to  William  Boyd,  the  owner  of  the  gambling  establishment,  and  she  is 
forced  to  remain  on  his  stafif,  thereby  getting  her  early  wish  to  remain 
in  that  house. 


A,  H.  Blank  Shifts 
Managers  in  Omaha 

Omaha,  Dec.  3.— Ralph  D.  Gold- 
berg of  the  World  Realty  Co.  has 
been  made  city  manager  of  the  Tri- 
State  Theatres  Co.,  the  A.  H.  Blank 
organization  which  operates  the 
World,  Paramount,  State  and  Or- 
pheum  here.  The  appointment  came 
after  several  months  of  negotiation 
between  Blank  and  the  realty  com- 
pany, holders  of  a  99-year  lease  on 
the   World  and   State. 

The  transfer  of  Stanley  Brown 
from  the  Orpheum  to  become  city 
manager  for  Blank  at  Des  Moines 
became  effective  with  Goldberg's  ap- 
pointment. Joe  Rosenfield,  manager 
of  the  Paramount,  succeeds  Brown. 
Paul  Ives,  assistant  manager  of  the 
Orpheum  under  Brown,  has  been 
promoted  to  manager  of  the  Para- 
mount. 

The  State,  dark  for  several  months, 
has  reopened  with  a  second  run  double 
feature  split-week  policy.  Lionel 
Wasson  has  been  shifted  from  the 
world  to  act  temporarily  as  manager 
of  the  State.  Arthur  Abelson  suc- 
ceeds  him  at  the   World. 


India  Is  Eager  for 
U.  S.  Films— Kelly 

(Continued  from  page  1) 

charge  of  foreign  distribution,  upon 
his  return  here  from  an  extensive 
tour  of  the  country. 

"The  demand  for  English-speaking 
pictures  is  increasing,"  he  said,  "be- 
cause in  the  large  Indian  cities  the 
majority  of  the  inhabitants  know 
enough  English  to  understand  the  pic- 
tures. American  films  shown  in  India 
have  no  subtitles.  The  faster  the  pic- 
ture, the  greater  its  popularity  in 
India." 

A  minimum  of  100  pictures  yearly 
are  being  turned  out  by  the  30  native 
studios,  it  was  estimated  by  Kelly. 

20th  Century  Takes 
Over  U,  A/s  Studio 

Hollywood,  Dec.  3-  —  Twentieth 
Century  has  acquired  the  studio 
property  of  United  Artists  Corp.,  Ltd., 
which  operates  the  U.  A.  studio  here. 
The  financial  consideration  has  not 
been  divulged.  Mary  Pickford  and 
Douglas  Fairbanks  were  the  principal 
owners.     The  plant  will  be  enlarged. 

Robert  Fairbanks,  Douglas'  brother, 
and  James  Dent  will  be  retained  as 
general  manager  and  assistant  general 
manager,  respectively. 


Cut  Philadelphia  Passes 

Philadelphia,  Dec.  3. — One  of  the 
new  Warner  local  management's  first 
actions  has  been  the  elimination  of 
the  press  pass  list,  except  for  actual 
reviewers'  tickets.  Newspapers  will 
plione  the  central  office  henceforth  for 
any   additional   requests. 

The  weekly  pass  list  is  said  to  have 
totalled  15,000.  The  press  list  has 
accounted  for  between  15  and  25  per- 
cent of  this  total. 


Raft  to  Be  Starred 

Hollywood,  Dec.  3.— George  Raft 
has  been  given  a  new  contract  by 
Paramount,  and  will  be  starred  in 
his  next  picture.  At  present  he  is 
making  "Bolero." 


14 


MOTION  PICTURE 

DAILY 


Monday,  December  4,   1933 


Sally  Rand, 
"Hoopla'' Big 
Frisco  Draws 


Sax  Francisco,  Dec.  3. — A  good- 
ly portion  of  the  masculine  population 
was  on  hand  last  week  to  get  a  peek 
at  Sallv  Rand  in  her  fan  dance.  The 
Warfieid  got  $26,000,  which  is  pretty 
close  to  record-breaking  tempo.  It 
was  a  hot  show  all  around,  with  Clara 
Bow  in  "Hoopla"  on  the  screen. 

While  the  Warfieid  sizzled  with  its 
box-office  action,  the  rest  of  the  spots 
w-ere  only  tepid.  Mae  West  continued 
strong  in  her  sixth  Market  Street 
week  with  $5,900,  while  "Duck 
Soup"  at  the  Paramount  was  good  at 
$17,500,  or  $2,500  over  average,  but 
not  as  good  as  was  expected. 

Total  first  run  business  was  $102,- 
100.    Average  is  $96,000. 

Estimated  takings : 

Week  Ending  Nov.  21: 

"PRIVATE    UFE   OF    HENRY    VIII" 

(U.  A.) 

COLUMBIA— (1,200),  SOc-75c-$1.50,  two- 
a-day,  7  days,  4th  week.  Gross:  $9,000. 
(Average,   $8,000.) 

"ONLY  YESTERDAY"  (Univ.) 

GOLDEN  GATE— (2,800),  25c-35c-40c,  7 
days.  Stage:  Vaudeville,  band.  Gross:  $12,- 
000.    (Average,    $13,000.) 

Week  Ending  Nov.  23: 

"PENTHOUSE"    (M-G-M) 

EL  CAPITAN— (2,900),  10c-35c-40c,  7 
days.  Stage:  Band.  Gross:  $7,000.  (Aver- 
age,  $9,000.) 

"WORST   WOMAN    IN   PARIS"    (Fox) 
"COLLEGE   COACH"    (Warners) 

ORPHEUM— (3,000),    15c-35c-40c,    7    days. 
Gross:    $7,500.    (Average,    $9,000.) 
"HOOPLA"    (Fox) 

WARFIELD— (2,700),  25c-35c-55c-65c-90c, 
7  days.  Stage:  Sally  Rand.  Gross:  $26,000. 
(Average,    $19,000.) 

"MAN     OF     SENTIMENT"     (Chesterfield) 
"PICTURE    BRIDES"    (Allied) 

FOX— (4,600),  10c-15c-2Sc-35c,  7  days. 
Stage:  Ten  vaudeville  acts.  Gross:  $10,600. 
(Average.    $9,000.) 

Week  Ending  Nov.  24: 

"DUCK    SOUP"    (Para.) 

PARAMOUNT— (2,670),    25c-35c-S5c-75c,    7 
days.    Gross:    $17,500.    (Average,    $15,000.) 
"BLOOD   MONEY"    (U.   A.) 

UNITED  ARTIST.S— (1,200),  25c-40c-50c, 
7     days.    Gross:     $7,000.     (Average,    $8,000.) 


"Soup"  Is  $6,000 
Indianapolis  Hit 

Indianapolis,  Dec.  3. — "Duck 
Soup"  at  the  Circle  did  the  best  busi- 
ness of  the  week  with  a  gross  of 
$6,000,  which  is  $2,500  over  par. 
"Only  Yesterday"  at  the  Lyric  and 
"Christopher  Bean"  at  the  Palace  also 
went  over  par. 

Estimated  takings  for  the  week  end- 
ing Nov.  25 : 

"MY  LIPS  BETRAY"   (Fox) 
APOLLO— (1,100),  25c-40c,  7  days.  Gross: 
$2,000.      (Average,    $2,500.) 

"DUCK  SOUP"   (Para.) 
CIRCLE^(2,800),   25c-40c,  7   days.   Ooss: 
$6,000.     (Average,  $3,500.) 

"COLLEGE   COACH"    (W.B.) 
INDIANA- (3,30fJ),  25c-55c,  7  days.   Stage 
show.     Gross:    $6,000.      (Average,   $8,000.) 
"ONLY  YESTERDAY"  (Univ.) 
LYRIC— (2,000),    25c-40c,    7    days.      Gross: 
$5,000.      (Average,   $4,000.) 

"CHRISTOPHER   BEAN"   (M-G-M) 
PALACE— (3,000),   25c-40c,  7  days.   Gross: 
$5,500.      (Average,    $4,500.) 


Crusiger  Shift  Slated 

Canton,  Dec.  3. — Richard  Cru- 
siger, manager  of  Warners'  Alham- 
bra,  will  leave  that  house  shortly  to 
take  over  another  Warner  spot  in 
northern  Ohio,  the  location  of  which 
has  not  been  disclosed.  His  succes- 
sor has  not  been  announced. 


An  Economy 

Hollywood,  Dec.  3. — At  a 
studio  conference  on  economy, 
an  executive  actually  sug- 
gested that  the  company 
could  save  $30,000  annually 
by  producing  an  interchange- 
able reel  to  be  used  as  the 
third  reel  for  all  westerns. 
He  stated  that  all  westerns 
were  alike  around  the  third 
reel  where  the  posse  chases 
the  heavy  over  the  same  hill 
and  returns  the  same  way.  It 
did  give  the  conferees  some- 
thing to  think  about. 


"Duck  Soup"  Leads 
Twin  Cities  Takes 


Minneapolis,  Dec.  3.  —  "Duck 
Soup"  was  the  outstanding  draw  in 
the  Twin  Cities  last  week.  It  went  to 
$8,500  at  the  Minnesota  here,  topping 
par  by  $1,000,  and  it  took  $6,000,  also 
$1,000  up,  at  the  Paramount  in  St. 
Paul. 

"Chance  at  Heaven,"  aided  by  Ben 
Bernie  and  his  band,  was  good  for 
16,500  at  the  RKO  Orpheum. 

Minneapolis'  five  theatres  grossed 
123,500,  going  over  their  $20,500  aver- 
age, while  St.  Paul's  five  houses,  with 
$16,300,  were  also  over  their  usual 
$14,000. 

Estimated  takings : 

Minneapolis 

Week  Ending  Nov.  23: 
"STAGE  MOTHER"    (M-G-M) 

LYRIC— (1,238),  20c-25c,  7  days.  , Gross: 
$1,500.      (Average,    $1,500.) 

"DUCK  SOUP"    (Para.) 

MINNESOTA— (4,000),  25c-40c,  7  days. 
Gross:    $8,500.      (Average,    $7,500.) 

Week  Ending  Nov.  24: 

"CHANCE    AT    HEAVEN"    (Radio) 

RKO  ORPHEUM— (2,900),  20c-40c,  7  days. 
Hen  Bernie  and  his  band.  Gross:  $6,500. 
(Average,  $5,500.) 

"WAY  TO  LOVE"   (Para.) 
STATE>-(2,300),    25c-40c,    7    days.     Gross: 
$6,000.     (Average,   $5,500.) 

"VI   SOM   GAR   KOKSVAGEN" 
(Scandinavian) 
WORLD— (400),    25c-75c,    7    days.      Gross: 
$1,000.      (Average^    $1,200.) 

St.  Paul 
Week  Ending  Nov.  23: 

"DUCK  SOUP"    (Para.) 

PARAMOUNT— (2,300),  25c-40c,  7  days. 
Gross:    $6,000.      (Average,    $5,000.) 

"WAY  TO  LOVE"    (Para.) 
RIVIERA-(1,200),  25c-40c,  7  days.  Gross: 
$4,000.      (Average,    $3,500.) 

"AFTER  TONIGHT"    (Radio) 
RKO  ORPHEUM— (2,600),  20c-40c,  7  days. 
Gross:    $3,500.      (Average,  $4,000.) 
"HELL  AND  HIGH  WATER"  (Para.) 
TOWER— (1,000),    15c-25c,   4  days.   Gross: 
$800.      (Average,   $800.) 

"WHITE    WOMAN"    (Para.) 
TOWER— (1,000),    15c-25c,   3   days.   Gross: 
$700.     (Average,  $700.) 

"ELYSIA" 
WORLD— (300),    2Sc-75c,    7    days.      Gross: 
$1,300.      (Average,   $1,000.) 


Earle  Employes  Dine 

Philadelphia,  Dec.  3. — Celebrat- 
ing the  end  of  the  first  year  of  the 
independent  management  of  Joseph 
Feldman,  Earle  Theatre  employes  held 
a  dinner  and  dance  at  the  Penn 
.A.th!etic  Club  today.  At  the  affair, 
an  Employes'  Beneficial  Club  was 
launched. 


Radio  Holds  MacGowan 

IloLLVwrx)D,  Dec.  3.  —  Kenneth 
MacGowan,  associate  producer  at 
Radio,  has  been  given  a  new  long 
term    contract. 

^  His    la.st    picture    was    "Long    Lost 
Father." 


"Vickers''  and 
Show  $12,000 
In  Montreal 


MoNTREAiL,  Dec.  3. — The  Capitol 
had  a  nice  drawing  combination  with 
"Ann  Vickers"  on  the  screen  and  a 
stage  presentation  headed  by  Mills 
Brothers — their  first  local  appearance. 
The  result  was  a  good  $12,000  which 
was  excellent  in  view  of  the  wintry 
conditions.  "My  Weakness"  and 
plenty  of  vaudeville  gave  a  count  of 
$11,500  to  Loew's  while  the  Palace 
made  it  $10,000  on  "Penthouse"  and 
"Rafter  Romance."  The  Imperial 
continued  with  its  light  opera  season 
for  the  entertainment  of  French  music 
lovers. 

Total  business  was  $40,000.  Aver- 
age  is  $39,000. 

Estimated  takings  for  the  week 
ending    November    24 : 

"ANN  VICKERS"    (Radio) 

CAPITOI^(2,547),  2Sc-35c-50c-60c-75c,  7 
days.  Mills  Bros,  on  the  stage.  Gross: 
$12,000.        (Average,    $9,000.) 

"MY    WEAKNESS"     (Fox) 

LOEW'S  —  (3,115),    25c -3Sc- 50c -65c -75c,     7 

days.  Vaudeville:     Clifford     &     Marion; 

Doc.    Baker   &   Co. ;   Pease    &   Nelson ;   Joe 

Kelso     &     Co.;     Pasquali     Bros.;     Morgan 

Bros.       Gross:    $11,500.       (Average,    $10,500.) 

"PENTHOUSE"    (M-G-M) 

"RAFTER    ROMANCE"     (Radio) 

PALACE- (2,600),     25c-35c-S0c-6Oc-75c.      7 

days.       Gross:    $10,000.       (Average,    $11,000.) 

"WHAT     PRICE     INNOCENCE"     (Col.) 

"SATURDAY'S  MILLIONS"  TUniv.) 
PRINCESS— (2.272),        25c -350 -50c -65c,        7 
days.        Gross:    $6,500.        (Average,    $6,000.) 
IMPERIAL — French    Light    Opera    season 
continued   on    stage. 


Dual  Bill  Is  Best 
Grosser  in  Omaha 

Omaha,  Dec.  3. — Mort  Singer's 
Brandeis  again  proved  the  bright  spot 
of  the  box-office  week  with  a  par 
$4,750  on  a  dual  program  of  "Double 
Harness"  and  "Bureau  of  Missing 
Persons."  This  house  has  been  in  the 
money  consistently  since  its  reopen- 
ing six  weeks  ago. 

Elsewhere,  there  was  plenty  of  red 
ink.  Moving  its  opening  day  to  Fri- 
day, the  Orpheum  had  a  six-day  week 
with  "Henry  Mill"  and  "College 
Coach."  Gross  was  below  average  at 
$6,000.  "Duck  Soup"  at  the  Para- 
mount was  a  disappointment  at  $7,250 
and  no  one  knew  just  why. 

The  World  found  the  going  tough 
with  "Circus  Queen  Murder"  and 
"Ever  in  My  Heart." 

Total  first  run  business  was  $22,- 
750.    Average  is  $24,600. 

Estimated  takings : 

Week  Ending  Nov.  22: 

"DUCK  SOUP"    (Para.) 

PARAMOUNT— (2,900),  25c-35c-50c,  7 
days.    Gross:    $7,250.    (Average,   $7,500.) 

Week  Ending  Nov.  23: 

"DOUBLE    HARNESS"    (Radio) 

"BUREAU    OF    MISSING    PERSONS" 

(F.    N.) 

BRANDEIS— (1,100),    25c-35c-40c,    7    days. 
Gross:    $4,750.    (Average,    $4,750.) 
"THE  PRIVATE  LIFE  OF  HENRY  VIII" 
(U.  A.) 
"COLLEGE   COACH"    (Warners) 

ORPHEUM— (3,000),  25c-35c-40c,  6  days. 
Gross:    $6,000.     (Average,    $6,500.) 

"EVER    IN    MY    HEART"     (Warners) 
"THE  CIRCUS  QUEEN  MURDER"  (Col.) 

WORLD— (2,200),  25c-35c,  7  days.  Gross: 
$4,850.    (Average,   $5,850.) 


Tootlight" 
Loop  Leader 
With  $26,000 


Chicago,  Dec.  3. — "Footlight  Pa- 
rade" at  the  B.  &  K.  Oriental  was 
strong  in  a  week  of  lowered  grosses. 
It  took  $26,000,  considerably  lower 
than  "Gold  Diggers,"  which  played 
here  during  the  World's  Fair  boom 
days. 

"I'm  No  Angel"  completed  its  sev- 
enth week  in  the  Loop  with  a  nine-day 
run  at  the  lower  priced  Roosevelt  fol- 
lowing six  weeks  of  strong  business 
at  the  Oriental.  The  final  nine  days 
showed  $9,500. 

RKO's  Palace  is  remaining  consist- 
ent in  the  face  of  sharp  fluctuations  at 
other  houses.  Last  week  with  "The 
Right  to  Romance"  on  the  screen  and 
Lilyan  Tashman  on  the  stage  the 
house  garnered  $19,500.  B.  &  K.'s  Chi- 
cago seems  to  have  found  a  new  level 
at  about  $30,000  for  the  week. 

Total  first  run  business  was  $101,- 
000.    Average   is  $120,000. 

Estimated  takings : 

Week  Ending  Nov.  21: 

"FOOTLIGHT  PARADE"  (Warners) 

ORIENTAI^-(3,940),  30c-40c-60c,  7  days. 
Gross:    $26,000.      (Average,    $23,000.) 

"EMPEIROR  JONES"   (U.  A.) 

I'NITED  ARTISTS— (1,700),  30c-40c-60c,  7 
days.     Gross:  $8,500.     (Average,  $17,000.) 

Week  Ending  Nov.  22: 
"I'M    NO    ANGEL"    (Para.) 

(7th   Loop  Week) 
ROOSEBLT— (1,591),    25c-35c-50c,   7   days. 
Gross:    $9,500.     (Average,   $11,000.) 

Week  Ending  Nov.  23: 
"TAKE   A  CHANCE"    (Para.) 

CHICAGO— (4,000),     35c-50c-68c,     7    days. 
Stage:   Leo  Carillo,  Donald  Novis,  3  Radio 
Rogues,  Maxellos  and  others.     Gross:  $30,- 
000.      (Average,   $34,600.) 
"THE    RIGHT    TO    ROMANCE"    (Radio) 

PALACE— (2,509),  35c-S0c-75c,  7  days. 
Stage:  Lilyan  Tashman,  Alex  Hyde  and 
Musical  Darlings,  Bert  Walton,  Mills,  Gold 
&  Page.     Gross:  $19,500.     (Average.  $22,000.) 

Week  Ending  Nov.  24: 
"THE  WORLD  CHANGES"  (F.  N.) 

McVICKERS— (2,284),  30c-4Oc-60c,  7  days 
Gross:    $7,500.      (Average,   $13,000.) 


Duluth  Woman  Seeks 
Variety  Club  Ward 

Pittsburgh,  Dec.  3. — Catherine 
Variety  Sheridan,  ward  of  Pitts- 
burgh's Variety  Club,  neared  her  fifth 
birthday  at  the  Roselia  Foundling 
Asylum  unaware  that  a  woman  in 
Duluth  was  claiming  to  be  her 
mother  and  asking  for  her  return. 

The  woman  made  her  claim  of 
motherhood  in  a  letter  to  John  H. 
Harris,  founder  and  honorary  presi- 
dent of  the  organization.  It  isn't  the 
first  such  claim,  Harris  said,  since 
about  five  letters  have  been  received, 
all  in  different  handwriting,  from 
women  who  said  the  little  girl  was 
theirs. 

But  this  was  the  first  letter  de- 
manding that  the  baby  be  returned. 
The  Duluth  woman  stated  that  since 
she  left  the  month-old  baby  in  the 
lobby  of  the  Sheridan  Square  the- 
atre in  East  Liberty  on  Dec.  27,  1928, 
her  husband  had  died.  Harris  said 
that  the  dates  given  in  the  letter  from 
the  woman  correspond  with  those 
printed  in  a  Sunday  supplement 
throughout  the  country,  but  he  doubts 
the  validity  of  the  claim,  since  the 
woman  said  the  child's  name  was 
"Shirley  Mae,"  while  the  note  left 
on  the  tot  when  it  was  abandoned 
named  her  "Catherine."  Harris  has 
asked  help  from  the  police. 


Monday,  December  4,    1933 


MOTION  PICTURE 

DAILY 


15 


Memphis  Set 
In  Midst  of 
Dry  Section 


(Continued  from  page  1) 

and  Arkansas  was  merely  concurring 
with  the  Democratic  Administration's 
national  program. 

Of  course,  liquor  is  going  to  be 
sold  in  these  states.  It  always  has, 
particularly  here  in  Memphis.  But 
indications  are  that  it  will  still  be  a 
bootleg  proposition,  which  militates 
strongly  against  it  being  of  any  ma- 
terial benefit  in  a  business  way. 

Showmen  are  hopeful  that  the 
repeal  thing  will  produce  better  busi- 
ness conditions  elsewhere  which  will 
eventually  react  favorably  here,  but 
they  have  no  hope  of  anyone  going 
to  work  here  in  the  making  or  selling 
of  liquor. 

There  is  another  angle  to  the  story, 
however,  for  these  same  showmen  also 
point  out  that  they  do  not  have  to 
fear  the  rivalry  of  the  saloon  or  of 
established  drinking  places  with  enter- 
tainment. Thus,  while  better  business 
conditions  may  be  generated  through- 
out the  country,  elsewhere  the  ap- 
pearance of  rival  spots  in  the  form 
of  music  halls  serving  liquor  may 
serve  as  a  counter-check.  But  neither 
will  develop  here. 

Memphis  isn't  taking  this  thing  seri- 
ously either  way  for  the  present,  nor 
is  the  adjacent  territory. 


Portland  Men  Expect 
Few  Repeal  Effects 

Portland,  Dec.  3. — Consensus  of 
opinion  among  film  executives  is  that 
legalized  liquor  will  probably  have 
little  effect  on  box-offices  here,  espe- 
cially during  the  first  few  weeks.  They 
say  it  depends  to  a  considerable  extent 
on  the  manner  of  retailing,  which  has 
not  been  decided  upon.  This  depends 
on  action  to  be  taken  at  an  emergency 
session  of  the  legislature. 

Homer  Gill,  Oregon  manager  for 
Evergreen  States  Amusement  Co., 
says  repeal  is  "what  we  have  been 
waiting  for.  We  will  keep  it  com- 
pany by  advertising  bigger  and  better 
shows,  advanced  prices  with  increased 
quality  and  quantity  in  screen  and 
vaudeville   fare." 

H.  M.  S.  Kendrick,  manager  for 
Pantages,  expects  slight  additional 
employment  and  box-office  benefits 
as  a  result.  When  hotels  and  res- 
taurants serve  liquor  this  will  mean 
more  night  life  and  consequent  in- 
creases at  box-offices,  he  says. 

George  Jackson,  manager  of  Wood- 
law  Theatres,  says  repeal  will  prove 
"dynamite"  to  box-offices  until  first 
thirsts  are   slaked. 

Manager  Andrew  Saso,  Hamrick's 
Music  Box  and  Oriental  theatres, 
believes  that  a  good  lineup  of  attrac- 
tions will  get  and  hold  increased 
business  in  spite  of  repeal.  He  bases 
his  prediction  on  a  steady  increase 
during  the  past  two  months. 


Colbert  with  Columbia 

Hollywood,  Dec.  3.  —  Claudette 
Colbert  has  signed  a  contract  with 
Columbia  calling  for  two  pictures  a 
year  for  two  years.  She  is  still  under 
contract  to  Paramount,  and  will  con- 
tinue to  work  for  that  company. 


Miller  in  Demand 

Chicago,  Dec.  3.  —  Jack 
Miller's  talk  before  the  Wis- 
consin M.  P.  T.  O.,  as  reported 
in  Motion  Picture  Daily,  has 
made  him  one  of  the  most 
sought  after  convention 
speakers  in  the  country, 
Miller  reveals.  He  has — not 
invitations  but  demands  to 
the  number  of  a  dozen  or 
more  received  by  mail  and 
telegraph  that  he  address 
state  units  in  various  places. 

"That  talk  I  made  was  re- 
ported too  accurately,"  Miller 
chuckled,  "but  it  must  have 
registered  with  exhibitors 
who  read  it  in  Motion  Picture 
Daily.  I  think  I  would  have 
been  a  little  less  outspoken 
if  I  realized  my  remarks  were 
being  covered." 

Miller  would  like  to  be  ac- 
commodating, he  says,  "but 
I've  got  plenty  to  do  right 
here  without  chasing  around 
the  country." 


Warners'  Checking 
Gets  85%  Coverage 

{Continued  from  page  1) 

E.  L.  McLaren,  Philadelphia ;  J.  J. 
Murray,  Washington,  D.  C. ;  H.  K. 
Crawford,  Atlanta,  Charlotte,  New 
Orleans ;  F.  G.  Loftus,  Cleveland, 
Detroit;  D.  Stanley,  Cincinnati,  In- 
dianapolis ;  E.  Fleming,  Chicago,  Mil- 
waukee, Minneapolis ;  J.  D.  Summers, 
St.  Louis,  Memphis;  H.  R.  Hibbs, 
Oklahoma  City,  Dallas ;  W.  W.  Flynn, 
Kansas  City,  Des  Moines,  Omaha ; 
A.  S.  Wilson,  Denver,  Salt  Lake 
City;  C.  W.  Burrows,  Los  Angeles. 
San  Francisco ;  E.  R.  Bohner,  Seattle, 
Portland. 

R.  A.  Blake  is  chief  field  supervisor 
and  is  now  on  a  swing  of  key  centers 
conferring  with  his  men.  The  com- 
pany has  employed  as  many  as  700 
checkers  in  one  week,  checking  not 
only  percentage  accounts  but  also 
Warner  theatres.  Civil  Service  em- 
ployees only  are  employed  by  the 
checking  bureau,  which  has  a  repre- 
sentative on  call  in  every  town  where 
Warner-First  National  has  an  ac- 
count. The  checking  service  started 
seven  weeks  ago. 

M-G-M  employs  its  own  checkers 
in  addition  to  Federal  Checking 
Service  in  a  number  of  spots. 


New  Record  for  "Pigs" 

"Three  Little  Pigs"  has  set  an  all- 
time  Broadway  record  for  the  run 
of  a  short  subject,  with  18  consecutive 
weeks,  according  to  U.  A.  This  is 
exclusive  of  bookings  on  the  RKO 
and  Loew  circuits  in  the  metropolitan 
area.  Following  a  week  at  the  Music 
Hall  the  cartoon  played  six  weeks  at 
the  old  Roxy.  Then  there  was  an 
eight-week  run  at  the  Trans-Lux. 
And  now  the  French  version  is  in  its 
third   week  at  the   Globe. 


Merian  Cooper  in  Town 

Merian  C.  Cooper,  Radio  Pictures 
executive  producer,  arrived  Saturday 
from  San  Francisco  accompanied  by 
his  wife,  Dorothy  Jordan.  Cooper 
will  confer  with  RKO  executives  here 
on  production  matters  for  several  days 
and  is  scheduled  to  return  to  Holly- 
wood to  resume  production  super- 
vision. 


Constructive 
Kick-in-the-pants 

appears  in  December 
Issues  •  •  •  Read  them! 

//  the  foot  fits  you 

•    ••  U   O   Xi         11/9 

CUT    DEC.    1ST 


A    Joy    imanv^l    Publ'Cofion 

OUT    DEC.    5TH 


\ffc  refer  your 
interest  to  the 
"Your  Thea- 
tre" Depart- 
ment in  these 
issues. 


A  Joy   fmonwW  Pubttcotton 


OUT    DEC.    10TH 


A    Jay    fmonvo'    Pub'ico'i 


ARE  COMING  TO  YOUR  HOUSE! 


Produced  in  New  York  by  \ffl5BEUREN 
CORR  Associate  producer,  Meyer  Davis, 
world  known  master  of  musical  hits  whose 
100  bands  are  touring  the  coimtry.  Direc- 
ted by  Ray  McCarey,  former  ace  direc- 
tor for  Mack  Sennett  and  Hal  Roach; 
and  Leigh  Jason.  R 


HERE  ARE  THE  STARS  OF  THE  FIRST 
FEW   ISSUES.     MORE    TO    COMEI 


K  O 


RADIO 
Pictures 

Produced  by 
Von  Beuren  Cor- 
poration 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  131 


NEW  YORK,  TUESDAY,  DECEMBER  5.  1933 


TEN  CENTS 


Hertz  Cites 
Banks'  Claim 
On  Para.  Film 


Says  Held  Preference  on 
$6,000,000  Negatives 

Admissions  that  12  creditor  banks 
identified  with  the  March  1932,  re- 
financing of  Paramount  Publix  had  an 
exclusive  claim  on  $6,000,000  worth  of 
uncompleted  negatives,  and  that  the 
formation  of  six  new  subsidiaries  in 
Nov.,  1932,  had  been  undertaken  partly 
as  a  precaution  against  possible  re- 
ceivership were  drawn  from  John 
Hertz,  former  chairman  of  the  Para- 
mount Publix  finance  committee  by 
Saul  E.  Rogers,  counsel  for  a  group 
of  Paramount  bondholders,  during  the 
course  of  an  examination  before 
Referee  Henry  K.  Davis  yesterday. 

Hertz's  admission  concerning  the 
favorable  position  of  the  banks  in 
(Continued  on  page  6) 


Reserve  Decision  on 
Removal  of  Trustees 

Decision  was  reserved  by  the  U.  S. 
Circuit  Court  of  Appeals  on  an  ac- 
tion seeking  the  removal  of  the  Para- 
mount Publix  trustees,  arguments  on 
which  were  heard  yesterday  by  Judges 
Manton,  Hand  and  Chase.  The  court 
is  expected  to  hand  down  its  decision 
on   Dec.   18. 

The  action  for  removal  of  Trustees 
Charles  D.  Hilles,  Eugene  W.  Leake 
and      Charles      E.      Richardson     was 

{Continued  on    paqe   2) 


Hearing  on  Denmark 
Injunction  Up  Dec,  7 

Major  distributors  meeting  at  the 
Hays  office  yesterday  again  put 
off  action  on  the  closing  of  branches 
in  Denmark.  A  hearing  on  the  in- 
junction obtained  some  time  ago  by 
Nordisk  against  Fox  and  M-G-M 
comes  up  in  Copenhagen  on  Thursday 
at  which  time  argument  will  be  made 

(Continued  on  pane   8) 


Poli  Operation  May 
Be  Decided  Tomorrow 

Developments  pivoting  around  fu- 
ture operation  of  the  18  Poli  theatres 
in  New  England  are  expected  to  come 
to  a  head  tomorrow  when  negotia- 
tions for  a  three-year  management 
deal  are  scheduled  to  be  closed  here. 
Louis  M.  Sagal,  operating  the  houses 
currently,      will     arrive     from     New 

(Continued  on  page  8) 


Objections  to  Executive 
Order  Voiced  by  Leaders 


Emanuel  Has 
Plan  for  New 
ExhibitorBody 


Philadelphia,  Dec.  4. — A  new  na- 
tional exhibitor  organization,  to  su- 
persede the  present  national  and  local 
unaffiHated  bodies,  is  advocated  by  Jay 
Emanuel,  local  exhibitor  and  publisher 
of  three  regional  trade  papers.  Eman- 
uel proposes  as  a  name  for  the  organ- 
ization the  American  Exhibitors'  Con- 
gress. He  advocates  a  local  organiza- 
tion of  the  body  in  each  exchange  cen- 
ter with  a  paid  secretary,  devoting  his 
entire  time,  for  each  unit.    The  presi- 

(Continued  on   page   8) 


Coast  Production 
Shows  New  Decline 

Hollywood.  Dec.  4. — Production 
continues  on  the  decline  with  a  total 
of  34  features  reported  working  dur- 
ing the  week  ending  Dec.  2,  as  against 
a  total  of  38  for  the  preceding  week. 

Two  of  the  major  studios,  includ- 
ing United  Artists  and  Radio,  report 
no  actual  production,  while  Universal 

(Continued  on   page   8) 


Holiday  Brings  New 
Life  to  B'way  Houses 

Prosperity  grosses  that  made  a  real 
Thanksgiving    holiday     week-end     for 
Broadway      houses,      beginning      last 
(Continued  on    page   8) 


CodeAuthority 
May  Meet  Here 
AtEndofWeek 


Washington,  Dec.  4. — ^The  first 
meeting  of  the  code  authority  will 
probably  be  held  in  New  York  the 
latter  part  of  this  week.  A  call  for  the 
meeting  is  expected  to  be  sent  out  by 
Deputy  Administrator  Sol  A.  Rosen- 
blatt within  24  hours. 

It  is  anticipated  that  the  method  of 
making  the  investigations  relating  to 
executives'  salaries  and  talent  "raid- 
ing" provided  for  in  the  executive 
order  issued  last  week  with  the  sign- 

(Continued  on  page  7) 


Laemmle  Appoints 
Weil  as  Assistant 

Carl  Laemmle,  president  of  Univer- 
sal, yesterday  appointed  Joe  Weil, 
exploitation  director  for  the  last  eight 
years,  as  his  assistant.  He  takes  up 
his  new  duties  Jan.  1.  Andrew  H. 
Sharick,  who  has  been  in  the  field  on 
exploitation  and  is  now  sales  contact 
liaison  officer  between  the  home  office 
and  the  studio,  succeeds  Weil  as  head 
of    the    exploitation    department. 


Warner  Anti-Trust 
Suit  Off  to  Jan.  10 

Trial  of  the  Department  of  Justice 
anti-trust  suit  against  Warners,  sched- 
uled for  yesterday,  was  deferred  again 

(Continued  on   page   8) 


Admission  Tax  Views  to  Be 
Aired  at  Capital  This  Week 


Washington,  Dec.  4. — Amusement 
interests  will  be  given  an  opportunity 
to  air  their  views  on  the  admissions 
tax  planned  as  part  of  the  Federal 
government's  new  fund-raising  pro- 
gram at  hearings  to  be  started  late 
this  week  by  the  House  Ways  and 
Means  Committee,  it  was  learned  to- 
day with  the  announcement  that  the 
committee  had  begun  its  task  of  pre- 
paring    tax     legislation     to     produce 


$400,000,000  revenue  for  presentation 
to  Congress  at  the  opening  of  the 
session. 

Expecting  to  receive  a  report  from 
the  Treasury  Department  containing 
recommendations  for  tax  changes,  the 
committee  was  advised  by  Acting 
Secretary  Henry  W.  Morgenthau  that 
his  proposals  would  not  be  completed 
until  about  Dec.  15.  Although  this 
(Continued  on  page  7) 


M.  P.  P.  D.  A,   Directors 

Discuss  Two  Phases,  but 

Delay  Action,  Is  Belief 

Opposition  to  those  phases  of  the 
e-xecutive  order  accompanying  the  in- 
dustry code  which  suspend  provisions 
for  star  salary  control  and  bring  the 
industry  under  the  immediate  direc- 
tion of  the  administrator  were  voiced 
by  executive  heads  of  major  compa- 
nies during  an  all-day  meeting  yes- 
terday of  M.  P.  P.  D.  A.  directors. 
However,  no  decisive  action,  so  far 
as  could  be  learned  last  night,  was 
taken  by  the  meeting. 

In  the  course  of  discussions  some 
sentiment  revealing  an  inclination  on 
the  part  of  several  to  decline  ap- 
pointments to  the  code  authority  un- 
less modification  of  the  executive 
order  was  forthcoming,  was  voiced. 
Also,  objections  were  made  to  the 
idea  of  an  administration  investiga- 
tion of  executives'  salaries  in  the  face 
of  the  suspension  of  the  provisions 
for  regulation  of  star  salaries.  Some 
resentment  was  also  expressed  over 
the  abruptness  of  the  Recovery  Ad- 
(Continued  on  page  7) 

Oil  Code  Ruling 
May  End  Premiums 

Washington,  Dec.  4.- — Decision 
last  week  of  the  District  of  Columbia 
supreme  court,  upholding  the  validity 
of  a  provision  in  the  oil  industry  code 
banning  the  giving  away  of  premiums 
or  other  free  goods,  is  seen  here  as 
demonstrating  in  advance  of  its  ap- 
plication   the    constitutionality    of    the 

(Continued  on  page  7) 


Federation  Decides 
Today  on  Code  Stand 

Independent  producer  and  distribu- 
tor members  of  the  Federation  of  the 
M.  P.  Industry  will  decide  today 
what  action  they  will  take  on  signing 
the  industry  code. 

The  organization  declared  during 
code  drafting  meetings  at  Washington 
(Continued  on  page  7) 


Guilds  Wire  Their 
Thanks  to  Schenck 

Hollywood,    Dec.    4. — Appreciation 
of  Joseph  M.  Schenck's  efforts  to  ob- 
tain code  changes  in  behalf  o.f  talent 
(Contiiiued  on  page  7) 


MOTION  PICTURE 

DAILY 


Tuesday,  December  5,    1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   OflSce) 


Vol.   34 


December    5,    1933 


No.    131 


Maktin   Quigley 
Editor-in-Chief   and  Publisher 


^LAURICE    KANN 

Editor 
JAMES  A.  CRON 

Advertising    Manager       -i 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin Quigley,  President;  Colvin  Brown, 
Vice-President     and     Treasurer. 

Publication  Office:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quifpubco,  New  York."  All  con- 
tents copyrighted  1933  by  Motion  Picture 
DaUy,  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rulenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau; 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Miss  Harvey  Won't  Dub 

Hollywood,  Dec.  4. — Lillian  Har- 
vey has  applied  for  a  court  order  re- 
straining Fox  from  forcing  her  to  dub 
foreign  versions.  The  actress  speaks 
French  and  German,  but  is  disinclined, 
it  is  said,  to  do  dubbing.  Fox  claims 
it  is  a  "friendly"  suit  and  is  treating 
it  that  way.  The  suit  is  not  affecting 
her    status   in    working    on    American 


Takiff  on  Way  East 

Hollywood,  Dec.  4. — Henry  J. 
Takiff,  vice-president  and  treasurer 
of  General  Pictures  Corp.,  recently 
organized  by  Takiff-and  George  Kann, 
is  en  route  to  New  York  by  automo- 
bile for  a  month's  holiday  with  his 
family  there.  General  has  just  com- 
pleted its  first  picture,  "Misbehaving 
Girls,"  for  Goldsmith  Productions  re- 
lease. 


Leave  Today  on  Tour 

J.  J.  Unger  and  Milt  Kusell  leave 
today  for  Paramount  exchanges  in 
Albany  and  Buffalo  on  the  second  lap 
of  a  tour  of  eastern  branches.  It's  in 
connection  with  the  Victory  Drive. 


Boles  Now  a  Colonel 

John  Boles  has  joined  the  army  of 
Kentucky  colonels.  He  has  been  com- 
missioned to  the  honorary  post  by 
Governor    Ruby    Laffoon. 


Brock  Signing  Dempseys 

Hollywood,  Dec.  4. — Lou  Brock  is 
closing  a  deal  with  Jack  Dempsey  and 
his  wife,  Hannah  Williams,  for  a  mu- 
sical comedy  feature. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Advice  to  the  Lovelorn'* 

{i'liitcd  Artists) 

Hollywood,  Dec.  4. — Recent  headline  stories  anent  Senor  Lee  Tracy 
and  his  alleged  Mexican  peccadillos,  together  with  the  gossip  created  by 
the  incident,  have  made  Hollywood's  stormy  petrel  something  of  an  itin- 
erant hero. 

The  day  after  the  story  broke,  a  trailer  heralding  a  forthcoming  Tracy 
production  was  flashed  at  a  local  house,  with  Tracy's  appearance  on  the 
screen  receiving  the  acclaim  of  a  celebrity. 

"Advice  to  the  Lovelorn,"  Tracy's  latest  screen  escapade,  arrives  when 
Tracy  is  the  talk-of-the-moment  personality  of  Hollywood.  Handled 
effectively,  this  sentiment  could  easily  be  turned  to  good  account  by 
sagacious  showmen. 

"Advice  to  the  Lovelorn"  pictures  Tracy  as  a  reporter  assigned  to 
write  a  column  signed  by  a  female  "Misslonelyhearts" — and  much  to  his 
chagrin,  too. 

To  blast  himself  out  of  the  assignment,  he  ladles  out  syrupy  hooey 
and  phoney  advice  to  lovesick  males  and  females.  He  gets  into  jam 
after  jam — but  the  circulation  of  the  paper  goes  up  and  up.  An  out- 
raged mother  wants  to  horsewhip  him  for  giving  cockeyed  advice  to  her 
daughter,  but  horsewhips  the  editor  instead.  His  best  girl  makes  him 
squirm  in  and  out  of  situations  he  builds  for  himself.  A  racketeer  in 
the  cut-rate  drug  business  puts  him  on  his  payroll — ^sells  him  some  drugs 
which  Tracy  believes  killed  his  mother. 

Attacking  the  racketeer  in  his  column,  Tracy  is  put  on  the  spot — 
wriggles  off,  but  is  in  hot  water  again  as  the  film  fades  out  with  a  belly 
laugh. 

Tracy  gives  his  usual  energetic,  fourth  estate  portrayal. 

Standouts  in  the  cast  are  Sally  Blane,  Sterling  Holloway  and  C. 
Henry  Gordon. 

Al  Werker's  direction  stresses  comedy,  the  opening,  kidding  Cali- 
fornia,  getting   big   laughs. 

Showmen  should  concentrate  on  Tracy — his  publicity — and  tieups 
with  local  sheets  running  "Advice  to  the  Lovelorn"  columns. 


Looking  ^Em  Over 


''Hold  the  Press** 

(Columbia) 

"Hold  the  Press"  is  a  departure  in  that  it  offers  Tim  McCoy  in  a 
non-western  role.  He  plays  a  type  of  role  new  to  him  in  a  pleasant  and 
easy  manner.  He  is  a  star  reporter  who  is  set  on  breaking  up  a  ring 
of  criminals  operating  a  parole  racket  and  obtaining  a  sizzling  front 
page  yarn  thereby. 

McCoy's  first  step  is  to  have  himself  placed  in  jail  with  a  group  of 
criminals,  one  of  whom,  he  suspects,  knows  something  about  the  activi- 
ties of  the  gang,  whose  method  is  to  lead  a  prisoner  slated  for  parole 

(Continued  on   pane   8) 


i  Purely 
Personal  ► 


NITA  HARVEY,  Sidney  Towl- 
soN  and  Lucille  DeToit,  their 
work  in  Paramount's  "The  Search  for 
Beauty"  completed,  are  due  in  town 
tomorrow,  homeward  bound.  The  first 
two  sail  for  England  at  noon  to- 
morrow, while  Miss  DeToit  will 
leave  later  in  the  week  for  British 
South  Africa. 

James  Whale,  director  of  "The  In- 
visible Man,"  gets  in  from  Hollywood 
today.  He  sails  tomorrow  on  the 
Bremen  to  confer  with  R.  C.  Sher- 
RiFF,  author  of  "A  Trip  to  Mars," 
the  director's  next  for  Universal.  I 

Monte  Proser  of  the  United 
Artists'  publicity  staff,  hied  himself 
to  Baltimore  over  the  week-end  to  be 
married  to  Julie  Jennar. 

Deputy  NRA  Administrator  Sol 
A.  Rosenblatt  left  for  Washington 
yesterday  after  a  brief  vacation  at  his 
Great  Neck  home. 

Irving  Ascher,  head  of  foreign  pro- 
duction for  Warners,  arrives  from 
England  today  for  conferences  with 
Sam    Morris. 

Elizabeth  Young,  Paramount  con- 
tract player,  arrives  from  the  coast 
today  for  a  vacation  with  her  par- 
ents  here. 

Gary  Cooper  is  being  held  over  a 
second  week  at  the  New  York  Para- 
mount.   Ditto  for  "Sitting  Pretty." 

Colleen  Moore  departs  for  the 
coast  today  to  play  in  "Success 
Story,"   her   first   for   Radio. 

Joe  May,  German  director  recently 
signed  by  Columbia,  arrives  on  the 
Majestic  this  afternoon. 

Robert  Wyler,  brother  of  William, 
and  also  a  Universal  director,  reached 
New   York  yesterday. 

Walt  Disney  celebrates  his  32nd 
birthday   today. 


Stocks  Steady  on  Big  Board 


Net 
Change 

+  Vz 


+  'A 
+  'A 


! 

High  Low  Close 

Columbia    Pictures,    vtc 26  36  26 

Consolidated    Film    Industries,    pfd 9^          9^  9'/2 

Eastman     Kodak     79  78!^  79 

Eastman    Kodak,   pfd 121  121  121 

Loew's,    Inc 29  29  29 

Paramount    Publix    15^  1'A  V/2        

Pathe    Exchange    "A" UVs  lOH  1054        —'A 

RKO    ^ 2Vk         2Vt         2Vi        

Warner    Bros.,    pfd 6             5^  5^        —  Va, 

Trans  Lux  Off  One-eighth  on  Curb 

Net 
High      Low      Close      Change 

Sentry    Safety    Control 3/16        3/16        3/16     

Technicolor     9'A         9A         9'A       -  Vi 

Trans    Lux     Wi  Wi  M        —  Vs 

Pathe  Bonds  Slump  One-half 

Net 
High      Low      Close     Change 

81  81  81  

24  24  24  

81  81  81  —  Vz 


Loew's   6s   '41,   WW  deb   rights. 

Paramount  F.  L.  6s  '47 

Pathe    7s    '37,    ww 


Sales 

400 
300 
900 

2,000 
100 

4,100 
200 
300 
900 


Sales 

200 
200 
300 


Sales 
1 
6 

2 


Reserve  Decision  on 
Removal  of  Trustees 

(Continiicd  from   paqe    1) 

brought  by  Samuel  Zirn  as  counsel 
for  a  group  of  Paramount  Publix 
bondholders.  The  basis  of  arguments 
made  by  Zirn  yesterday  was  the  alle- 
gation that  Leake  and  Richardson  are 
disqualified  because  of  a  reputed  asso- 
ciation with  Chase  National  Bank, 
underwriter  of  a  Paramount  bond 
issue,  and  that  banking  affiliations  of 
Hilles  are  prejudicial  to  the  interests 
of  creditors. 

The  action  was  opposed  by  Root, 
Clarke,  Buckner  &  Ballantyne,  counsel 
for  the  trustees,  and  by  Nathan  Bur- 
kan,  representing  a  committee  of  112 
general  creditors  of  Paramount  Pub- 
lix with  claims  totaling  over  $2,- 
200,000. 


Wyler  on  Way  Here 

William  Wyler  is  en  route  to  New 
York  from  the  coast  to  attend  the 
premiere  of  his  latest  directorial  work, 
"Counsellor-at-Law,"  which  opens  at 
the  Music  Hall  on  Thursday. 

He  has  just  been  given  a  new  three- 
year  contract  by  Universal. 


Loretta  Young  in  the 

most  glorious  love  story 

since  "Seventh  Heaven" 

COLUMBIA'S 

"A  MAN'S  CASTLE" 

directed  by  Frank  Borzage 


beauty  of  Loretta  Young  in  the  Columbia  picture, 
and  the  manner  in  which  Frank  Borzage  has  made 
one  of  the  things  that  makes  the  hearts  of  showm^ 

same  alluring  quality  is  what  makes  National  Sc 
with  actual  scenes  and  actual  dialogue  *  the  m 
"coming  attraction"  exploitation  ever   devised    -^ 

* 
accept  them  as  an  intriguing,  exciting  part  of  the  snow  'w  tnat  s  wny 
these  samplevue  trailers  are  the  best  word-of-mouth  show-sellers  money 
can  buy  * 

*  that's  how 


.  *  *  *   NATIONAL   SCREEN  SERVICE  •  •  *  * 


sells  the  show  with  showmanship 


« 


X 


^ 


JTEP^OUT 


^^//  /^^^^  °  picture!  Class,  sophistica- 
1/ 1/  t'O"/  sparkle  and  polish  for  the 
high-brows;  sentiment,  heart-interest, 
movement  and  homely  appeal  for  "us 
folks  r'  ALL  OF  IT  together  to  appeal  to 
the  widest  class  of  picture -goers  in  the 
country  —  all  of  it  together  to  give  you 
another  Universal  that  you  can  shout  about 
from  the  housetops! 


BYCANE 


With 


ELISSA   LANDI 
PAUL    L  U  KA  S 

NILS   ASTHER 

Esther    Ralston,    Melvyn   Douglas,    Dorothy    Revier,    Frederic    Burton, 
Lawrence  Grant,  Lois  January.  From   the   play   by   Siegfried   Geyer. 

Produced  by  Carl  Laemmie,  Jr. 

Directed  by  JAMES  WHALE 


c 


^^t^^-'^r^'^- 


LELI6HT 


MOTION  PICTUHE 

DAILY 


Tuesday,  December  5,    1933 


Hertz  Cites 
Banks'  Claim 
On  Para.  Film 


(.Continued  from    pane    1) 

connection  with  the  refinancing  ar- 
rangement by  which  the  company 
obta.ned  $13,200,000  in  new  credit  in 
return  for  the  pledging  of  the  six 
negatives  held  by  Film  Productions 
Corp.,  newly  created  subsidiary,  carne 
as  the  result  of  persistent  questioning 
by  which  Rogers  sought  to  obtain  an 
admission  from  Hertz  that  the  banks 
had  obtained  a  preference  under  the 
transaction.  An  action  to  have  the 
bank  agreement  set  aside  has  already 
been  tiled  by  the  Paramount  Piiblix 
trustees. 

Hertz  testified  yesterday  that  he 
remembered  none  of  the  details  of  the 
bank  agreement,  and  that  the  arrange- 
ments involving  the  security  put  up  by 
Paramount  for  the  new  credit  were 
left  to  the  legal  department  and  to 
Ralph  Kohn,  then  treasurer  of  Para- 
mount. 

".All  I  remember,"  Hertz  said,  "is 
that  the  banks  were  to  get  commission 
charges  and  interest." 

Subsequently,  he  testified,  he  was 
not  sure  about  the  banks  getting  any 
commission  charge. 

"This  is  all  you  know  of  a  major 
financial  transaction  of  a  company 
whose  financial  affairs  you  handled  and 
to  which  you  came  as  a  great  financier 
with  a  three-year  contract  at  a  very 
liberal  compensation  ?"   Rogers  asked. 

Hertz  smiled  over  Rogers'  descrip- 
tion of  himself  as  a  "great"  financier 
and  disclaiming  the  adjective  for  his 
own,  stated  he  had  not  wanted  any 
contract  with  Paramount  and  had 
taken  one  finally  with  the  provision 
that  he  be  permitted  to  resign  on 
reasonable  provocation  at  any  time. 

"But  did  you  understand,"  Rogers 
persisted,  "that  this  little  $10,000  cor- 
poration that  had  been  set  up — Film 
Productions  Corp. — was  going  to  issue 
paper  acceptable  to  the  banks  when 
the.se    same    banks    wouldn't   take    the 


Innocent 

Samuel  Zirn,  attorney  for 
a  group  of  Paramount  Publix 
bondholders,  who  completed 
a  lengthy  examination  of  John 
Hertz,  former  chairman  of 
the  Paramount  finance  com- 
mittee, was  granted  permis- 
sion yesterday  by  Referee 
Henry  K.  Davis  to  renew 
questioning  of  the  witness  on 
Zirn's  plea  that  he  had  "un- 
earthed some  vital,  new  in- 
formation." 

It  developed  Zirn  had  been 
advised  that  Lawrence  Stern, 
head  of  a  Chicago  investment 
house  which  underwrote  part 
of  a  Paramount  bond  issue, 
and  in  which  Hertz  has  an 
investment,  was  a  brother-in- 
law  of  Hertz's.  This  the  for- 
mer Paramount  finance  chair- 
man  laughingly  denied. 

He  also  denied,  in  reply  to 
questions  of  Zirn's,  that  he 
had  ever  kept  a  "diary  of  his 
business  engagements." 


notes  of  the  great,  big  Paramount 
Publix  organization,  and  you  didn't 
think  it  unusual  ?" 

"I  wasn't  interested  in  the  details  of 
the  transaction,"  Hertz  rejoined.  "I 
just  wanted  to  get  the  loan  and  never 
knew  what  arrangements  were  made 
by  those  in  charge  of  that  phase  of  the 
agreement." 

Didn't  Know  Negative  Value 

"You  didn't  know  that  $6,000,000 
worth  of  negatives  were  pledged  by 
Film  Productions  Corp.  for  that 
loan?" 

"I  knew  there  was  security  of  some 
kind,"  Hertz  replied. 

"And  that  Film  Productions  Corp. 
was  specifically  prohibited  by  the 
agreement  from  contracting  any  other 
obligation,  so  that  the  banks,  there- 
fore, had  an  exclusive  claim  on  the 
negatives  in  case  of  a  default?" 
Rogers  asked. 

"I  knew  there  was  security  of  some 
kind,"  Hertz  repeated. 

The  primary  purpose  of  the  organ- 
ization in  November,  1932,  of  Para- 
mount Productions,  Paramount  Inter- 
national, Paramount  Pictures  Corp. 
and  Paramount  Distributing  Corp.,  in 
addition  to  Paramount  Publix  and 
Film  Productions  Corp.,  was  for  the 
purpose  of  decentralization.  Hertz 
testified,  but  later  admitted  that  "fear" 
of  a  possible  receivership  also  entered 
into  the  plans  so  that,  if  that  eventu- 
ality came  to  pass,  the  business  of  the 
parent  corporation  could  be  carried  on 
by  active  subsidiaries. 

Hertz  denied  in  this  connection  that 
any  definite  plan  for  receivership  had 
been  discussed  in  Paramount  up  to  the 
time  of  his  resignation  in  January, 
1933,  despite  Rogers'  intimations  that 
the  receivership  papers,  filed  later  in 
the  same  month,  must  have  been  in 
preparation  prior  to  Hertz's  departure 
from  the  company  and  involved  pre- 
liminary conferences  with  the  appli- 
cant for  a  friendly  receivership. 

Economies,  the  Purpose 

"The  real  purpose  of  creating  the 
subsidiaries,"  Hertz  said,  "was  to 
effect  economies  by  decentralizing  such 
as  had  been  achieved  through  decen- 
tralization of  the  theatre  department." 

"How  was  the  creation  of  six  cor- 
porations with  six  accounting  staffs, 
where  there  had  been  but  one,  ex- 
pected to  effect  an  economy?"  Rogers 
wanted  to  know. 

"In  decentralizing  the  theatres," 
Hertz  replied,  "we  found  that  elimina- 
tion of  many  home  office  departments 
worked  an  economy.  We  expected  the 
same  thing  to  result  from  decen- 
tralization of  the  entire  organization. 
Moreover,  we  anticipated  income  tax 
economies  to  follow." 

Hertz  revealed  that,  in  attempting 
to  effect  economies  throughout  the 
entire  Paramount  organization,  he  had 
"gone  over  the  relative  situation,'' 
with  the  result  that  a  number  of  per- 
sons on  the  payroll,  known  to,  be  re- 
lated to  executives  of  the  company, 
were  either  asked  to  resign  or  sub- 
jected to  drastic  salary  reductions 
where  Hertz's  investigation  found  them 
to  be  warranted. 

Elek  J.  Ludvigh,  former  head  of  the 
Paramount  legal  department,  was 
asked  to  resign.  Hertz  said,  and  the 
entire  department  was  .scrutinized  with 
the  result  that  its  overhead  was  re- 
duced from  $800,000  to  $400,000  per 
year. 

"Ludvigh,  whom  I  believe  was  a 
relative  of  Adolph  Zukor's,  had  been 
getting  $75,000  before  I  asked  him  to 
resign,"  Hertz  said.  "An  assistant  of 
his,  receiving  $45,000,  I  reduced  almost 


50  per  cent,  and  others  in  the  depart- 
ment receiving  from  $25,000  to  $40,000 
a  year,  I  cut  to  about  $15,000. 

"Felix  Kahn,  whom  I  believe  is  a 
brother  of  Otto  Kahn,  the  Paramount 
banker  with  Kuhn,  Loeb  &  Co.,  had 
his  salary  cut  in  half  immediately  and 
was  asked  to  resign  on  Jan.  1,  1933." 

"What  was  Kahn's  job?"  Rogers 
asked. 

"I  couldn't  find  out,"  was  the 
ans.wer.  "He  had  been  there  about  14 
years.  I  found  there  were  several 
Felix  Kahns  in  the  organization." 

Subsequently,  Hertz  testified  that  he 
had  "protested"  the  salary  paid  Al 
Kaufman,  production  assistant,  and 
had  investigated  the  sajary  paid  the 
late  Emil  Shauer,  vice  president  in 
charge  of  foreign  distribution,  and 
that  of  Melville  Shauer,  a  son,  em- 
ployed at  the  studio. 

Quizzed  on   Resignations 

"I  felt  Shauer's  salary  was  fair  and 
believed  him  to  be  essential  to  the 
company.  I  found  that  Melville  Shauer 
received  a  nominal  salary  and  the 
studio  manager  told  me  he  was  valu- 
able. Reductions  were  made  in  their 
salaries,  however." 

Questioned  on  the  resignations  of 
various  Paramount  executives  during 
1932,  Hertz  said  that  while  he  had 
been  the  one  commissioned  to  ask 
Sidney  R.  Kent  to  resign,  he  felt  Kent 
to  be  a  "very  able  man"  who  was  in  a 
peculiar,  personal  position  in  which  he 
"couldn't  or  wouldn't  function  prop- 
erly." 

"I  discovered,"  Hertz  said,  "that 
Kent,  who  was  in  charge  of  sales, 
hadn't  been  in  the  office  of  Sam  Katz, 
theatre  head,  in  two  years,  and  that 
only  memorandums  had  passed  be- 
tween the  two  in  that  time.  I  felt  that 
it  was  a  very  unhealthy  condition  for 
both  the  corporation  and  Kent.  The 
entire  board  agreed  to  his  resig- 
nation." 

In  reply  to  a  question  put  by 
Rogers,  Hertz  said  he  "  had  no  opinion 
on  George  Schaefer's  qualifications  as 
a  successor  to  Kent.  I  just  acquiesced 
to  his  appointment,"  he  said. 

Hertz  added  that  he  had  had 
"nothing  to  do"  with  the  resignation 
of  B.  P.  Schulberg,  other  than  agree- 
ing to  it,  nor  with  his  later  signing  as 
a  unit  producer. 

Schulberg  a  Good  Producer 

"I  was  told,  however,"  he  said  later, 
"that  Schulberg  was  held  to  be  a  good 
producer  but  a  poor  executive." 

Hertz  maintained  that  his  own 
resignation  was  solely  due  to  differ- 
ences with  Zukor,  and  not  prospects 
of  a  receivership  for  the  company. 

"I  came  back  from  a  vacation  on 
Jan.  2  with  no  thought  of  resigning," 
he  said,  "and  learned  during  my  first 
half  hour  in  the  office  of  Zukor's 
opposition  to  some  things  I  had  done 
and  this  precipitated  my  resignation. 

"I  felt  that  Zukor  didn't  appreciate 
my  efforts  and  I  was  ready  to  go 
home,"  he  said  later. 

Zukor  testified  on  the  stand  several 
weeks  ago  that  the  "things"  Hertz  had 
done,  which  he  opposed,  were  the 
latter's  efforts  to  take  over  production 
and  advertising  charge. 

Hertz  testified  Emanuel  Cohen  had 
drawn  $160,000  to  $200,000  a  year, 
salary  and  bonuses,  as  head  of  the 
Paranioqnt  newsreel,  and  had  assumed 
charge  of  production  in  Hollywood  at 
a  salary  of  $100,000  per  year,  and  had 
replaced  two  men  whose  combined 
salaries  were  $750,000  annually,  "and 
is  doing  a  good  job,  I  understand,"  he 
added. 

Hertz  bristled  and  rose  to  the  de- 


Says  Formed 
Subsidiaries 
As  Protection 


fense  of  his  business  friend,  Albert  D. 
Lasker,  when  Rogers  charged  that 
Lasker  "had  done  nothing  for'  Para- 
mount but  had  taken  a  nice,  fat  adver- 
tising contract  from  the  company  for 
his  agency.  Lord,  Thomas  &  Logan." 

Names  for  Prestige  Purposes 

Hertz,  who  admitted  bringing  Las- 
ker and  the  late  William  Wrigley,  Jr., 
into  Paramount  as  directors  "for  the 
prestige  their  names  meant  to  the 
company,"  retorted  Lasker  hadn't 
"grabbed"  the  Paramount  advertising 
account. 

"It  was  given  to  him,"  Hertz  said, 
"and  he  did  tlie  job  better  than  it  had 
ever  been  done  before  and  at  the  same 
price  that  had  always  been  paid. 
Lasker  wouldn't  have  taken  the  ac- 
count if  I  hadn't  urged  him  to.  Money 
isn't  the  only  consideration  with  him. 
He  turns  down  four-fifths  of  the  ac- 
counts offered  him." 

Rogers  also  probed  the  interest  of 
Kuhn,  Loeb  &  Co.  in  Hertz's  appoint- 
ment to  chairmanship  of  the  Para- 
mount finance  committee  at  a  time 
when  the  bank  admittedly  had  no 
Paramount  financing  under  way  or 
contemplated.  While'  admitting  he  had 
discussed  all  phases  of  Paramount's 
financial  affairs  with  Sir  William 
Wiseman,  in  his  dual  capacity  as  a 
member  of  the  Paramount  finance 
committee  and  a  representative  of 
Kuhn,  Loeb,  and  also  with  Otto  Kahn 
of  the  banking  firm.  Hertz  maintained 
these  discussions  were  merely  in  the 
interests  of  aiding  Paramount  to  com- 
plete its  bank  credit  agreement  of 
March,  1932.  Kuhn,  Loeb  did  not 
participate  in  this  agreement. 

The  examination  of  Hertz  was  com- 
pleted yesterday  and  as  no  requests 
were  made  to  produce  other  witnesses 
the  examination  was  adjourned  sine 
die. 


Rogers  Disapproves 

Several  verbal  clashes  be- 
tween Saul  E.  Rogers,  attor- 
ney, and  John  Hertz,  former 
chairman  of  the  Paramount 
finance  committee,  marked 
the  latter's  two  and  one-half 
hours  on  the  witness  stand 
before  Referee  Henry  K. 
Davis    yesterday. 

One  of  these  occurred  when 
Hertz,  apparently  angered  by 
Rogers'  observation  that  the 
witness  should  remember 
more  of  the  details  of  his 
tenure  as  Paramount  ex- 
chequer, declared,  "I  was  do- 
ing the  best  I  knew  how  for 
Paramount  every  day  I  was 
with  the  company  and  I  don't 
think  I  have  to  account  to 
anyone  for  the  job  I  did, 
whether  it  turned  out  good 
or    bad." 

"But  you  do,  Mr.  Hertz," 
Rogers  rejoined.  "You  have 
to  account  to  these  creditors, 
and  I  think  you  did  a  very 
poor  job." 


Tuesday,   December   5,    1933 


MOTION  PICTURE 

DAILY 


Objections  to 
The  Executive 
Order  Voiced 


(.Continued  from   page   1) 

ministration's  action  in  suspending  the 
salary  control  provisions  after  they 
had  been  a  part  of  the  third  code 
draft  for  more  than  six  weeks.  It 
was  felt  by  several  M.  P.  P.  D.  A. 
directors  that  the  lengthy  delibera- 
tions through  which  the  salary  con- 
trol provisions  were  arrived  at,  mer- 
ited new  discussions  prior  to  their 
peremptory  suspension  under  the  ex- 
ecutive order. 

Powers  granted  the  administrator 
by  the  executive  order,  some  objectors 
held,  subjected  the  industry  to  an  ad- 
ministration rule  and  supervision 
which  amounted  to  discrimination  in 
that  other  codes  subjected  no  other 
industry  to  supervision  of  the  same 
extent,  it  was  said. 

The  meeting  opened  at  the  Hays  of- 
fice early  yesterday,  and  reconvened 
there  in  the  afternoon  after  a  lunch- 
eon at  the  Union  League  Club,  con- 
tinuing until  early  evening.  Attend- 
ing  were   Will   H.    Hays,    M.    P.    P. 

D.  A.  president ;  F.  L.  Herron,  sec- 
retary; Nicholas  M.  Schenck,  presi- 
dent of  Loew's  and  M-G-M,  and  a 
code  authority  appointee;  Sidney  R. 
Kent,  president  of  Fox,  also  a  code 
authority  appointee ;  Joseph  M. 
Schenck,  president  of  United  Artists 
and  20th  Century  Pictures;  R.  H. 
Cochrane,  vice-president  of  Universal, 
and  a  code  authority  appointee ; 
Harry  M.  Warner,  president  of  War- 
ner-F.  N.,  a  code  authority  appointee ; 

E.  W.  Hammons,  president  of  Educa- 
tional ;  M.  H.  Aylesworth,  president 
of  RKO,  a  code  authority  appointee ; 
George  J.  Schaefer,  Paramount  gen- 
eral manager,  a  code  authority  ap- 
pointee. 

Kent  left  the  meeting  early  to  en- 
train for  the  coast.  So  far  as  could 
be  learned,  up  to  the  time  of  his  de- 
parture he  had  not  designated  an  al- 
ternate to  replace  himself  on  the  code 
authority  at  its  first  meeting,  which, 
Washington  advices  stated  yesterday, 
may  be  called  late  this  week  in  New 
York  by  Deputy  NRA  Administrator 
Sol    A.    Rosenblatt. 

Repeated  efforts  to  reach  Hays  at 
his  home  last  night  for  comment  on 
the  meeting's  developments  were  un- 
successful. Warner,  reached  at  his 
home,  declined  to  comment  on  the 
happenings,  as  did   Hammons. 


Code  Will  Aid  Guild 

Hollywood,  Dec.  4. — Although  the 
producers  have  so  far  fa.iled  to  recog- 
nize the  Actors'  and  Writers'  Guild, 
members  of  the  latter  organization 
contend  that  the  code  will  automat- 
ically force  their  being  recognized, 
through  collective  bargaining. 

Discuss  Code  Today 

Discussions  of  the  signed  code  will 
be  held  todav  bv  Allied  of  New  Jer- 
sey and  the  I.  T.  O.  A.  The  former 
unit  will  meet  at  its  headquarters  in 
New  York,  while  the  latter  exhibitor 
organization  will  gather  at  the  Astor. 


Admission  Tax  Views  to  Be 
Aired  at  Capital  This  Week 


(Continued  from   page    1) 

delay  will  make  it  impossible  for  the 
committee  to  follow  the  usual  proce- 
dure of  hearing  Treasury  officials  first. 
Chairman  Doughton  of  North  Caro- 
lina plans  to  open  hearings  in  the 
next  few  days.  No  schedule  of  wit- 
nesses has  yet  been  prepared,  but  it 
is  understood  representatives  of  the 
amusement  business  will  be  among 
those   to  be  heard. 

With  a  need  for  additional  funds 
predominant,  it  is  not  anticipated 
there  will  be  any  tax  reductions  of 
more  than  nominal  nature,  especially 
in  view  of  the  fact  that  at  the  begin- 
ning of  the  year  the  gasoline  tax  will 
be  reduced  by  a  half  cent  per  gal- 
lon, the  five  per  cent  levy  on  divi- 
dends will  be  repealed  and  the  excess 
profits  tax  will  expire  at  the  close  of 
the  current  tax  year  for  each  corpo- 
ration. On  July  1  the  capital  stock 
tax  will  be  eliminated.  These  taxes 
were  imposed  under  the  National  Re- 
covery Act,  with  a  proviso  for  their 
elimination  in  the  event  of  repeal  of 
the    18th    Amendment. 

One  of  the  major  features  of  any 
legislation  recommended  by  the  com- 
mittee is  expected  to  be  a  provision 
requiring  corporations  and  individuals 
to  deduct  losses  from  income  in  the 
years  sustained  and  another  penal- 
izing heavily  the  setting  up  of  holding 
companies  as  a  means  of  evading  in- 
come   tax    responsibilities. 


Fay  Bainter*s  First 

Hollywood,  Dec.  4.— Fay  Bainter 
will  make  her  bow  in  talking  pictures 
in  M-G-M's  "It  Happened  One  Day." 


Court  Ends  "U*'  Stay 

Hollywood,  Dec.  4. — The  restrain- 
ing order  against  Universal's  using 
Mickey  Rooney  against  the  permis- 
sion of  Larry  Darmour  was  lifted 
here  yesterday  by  the  courts.  How- 
ever, a  suit  for  $50,000  against  Uni- 
versal by  Darmour  is  being  pushed. 
Rooney  returns  to  Darmour  early  next 
week. 


Kauffman  Post  Unfilled 

No  successor  to  Phil  Kauffman 
general  manager  for  Warners  in  Ger- 
many, Scandinavia  and  Central 
Europe,  has  been  appointed  by  Sam 
Morris,  head  of  foreign  activities  for 
the  company.  Morris  yesterday  stated 
he  had  made  no  plans  to  fill  the  post 
as  yet. 

Kauffman  died  last  Saturday  in 
Stockholm. 


Frederick  Prod.  Broke 

Hollywood,  Dec.  4.  —  Frederick 
Productions,  jointly  owned  by  Pauline 
Frederick  and  Morris  J.  Herbert,  has 
been  declared  bankrupt  in  Federal 
Court  here.  Liabilities  are  listed  at 
$16,000. 


Alice  White  Married 

Magdalena,  Mex.,  Dec.  4. — Alice 
White  and  Sidney  Bartlett,  writer, 
who  were  married  here  yesterday,  are 
honeymooning  at  a  Mexican  ranch 
owned  by  a  friend. 


Moses  to  Columbia 

Vivian  Moses  has  joined  Columbia 
as  special  publicity  representative  han- 
dling "Paul  Street  Boys,"  Frank.  Bor- 
zage's  next  for  the  company. 


Second  Youngclaus 
Suit  to  Start  Soon 

Lincoln,  Neb.,  Dec.  4. — Second  of 
the  famous  Youngclaus  cases  will  be- 
gin in  Federal  Court  here  late  this 
week  or  early  next  week. 

In  his  first  suit,  William  N.  Young- 
claus, Madison,  Neb.,  theatre  owner, 
won  an  injunction  against  the  major 
distributors,  Publix  and  the  Omaha 
Film  Board  of  Trade  to  prevent  en- 
forcement of  a  zoning  and  protection 
agreement.  It  was  the  first  test  case 
on  protection. 

The  second  suit  involves  Young- 
claus' request  for  $255,000  damages  for 
alleged  injury  to  his  business  as  a 
result  of  the  zoning  and  protection 
agreement.  A  third  suit,  yet  to  be 
tried,  asks  further  damages  for  al- 
leged violations  of  the  injunction  ob- 
tained   in   the   first   suit. 


CodeAuthority 
May  Meet  Here 
AtEndofWeek 


{Continued  from   page    1) 

ing  of  the  code  by  the  President  will 
be  made  known  following  the  return 
to  Washington  of  Rosenblatt,  who  left 
this  evening  for  the  two-day  M.P.T.O. 
of  Ohio  convention  at  Columbus, 
which  opens  tomorrow. 

Prior  to  his  departure,  Rosenblatt 
began  winding  up  the  work  of  codify- 
ing the  remainder  of  the  amusement 
industry,  and  fixed  Dec.  19  as  the 
date  for  the  hearing  on  the  code  for 
amusement  parks,  pools  and  beaches, 
and  Dec.  21  for  the  hearing  on  the 
circus  code.  Neither,  it  was  indi- 
cated, offers  any  difficult  problems 
and  are  expected  to  be  concluded 
without   delay. 


Maryland  Weighs 
End  of  Sunday  Ban 

Baltimore,  Dec.  4. — A  favorable 
report  by  the  Judiciary  Committee 
has  been  adopted  by  the  House  of 
Delegates,  in  session  at  Annapolis, 
Md.,  on  the  bill  to  authorize  Sunday 
shows  and  sports  in  Montgomery 
County.  It  was  introduced  by  Dele- 
gate Farrington. 

Delegate  Edmunds  has  introduced  a 
bill  to  increase  the  power  of  the  state 
insurance  commissioner  to  investigate 
fire  hazards  and  it  has  been  referred 
to  the  Judiciary  Committee. 


Hornblow  Here  for  Rest 

Arthur  Hornblow,  Jr.,  associate 
producer  for  Paramount,  arrived  from 
the  Coast  yesterday  for  a  vacation 
and  plans  to  leave  the  end  of  the  week 
for  Warrenton,  Va.,  to  visit  his  fam- 
ily. He  returns  next  week  and  stays 
over  the  Christmas  holidays,  return- 
ing to  Hollywood  by  Jan.  1. 

While  in  New  York  Hornblow  will 
look  over  new  plays,  artists  and 
writers.  His  first  of  the  seven  planned 
for  Paramount  during  the  year  is  now 
under  discussion.  The  associate  pro- 
ducer will  line  up  his  production  staff 
when  he  gets  back  on   the   Coast. 


Baer  Flying  East 

Hollywood,  Dec.  4. — Max  Baer  is 
flying  to  New  York  for  a  four-week 
stage  engagement  at  Loew's  State  be- 
ginning Dec.  15.  He  will  at  the  same 
time  act  as  master  of  ceremonies  at 
the  Casino  de  Paree.  He  will  receive 
$3,500  weekly  for  each  engagement. 


Honor  Flinn  on  Coast 

Hollywood,  Dec.  4. — John  Flinn, 
head  of  the  A.M. P. A.,  was  the  guest 
at  a  luncheon  today  of  some  32  studio 
publicity  heads  and  theatre  advertis- 
ing managers,  to  whom  he  explained 
the  new  morality  clause  in  the  indus- 
try code. 


Van  Dyke  Back  at  Studio 

Hollywood,  Dec.  4. — Director  W. 
S.  Van  Dyke,  Ramon  Novarro,  and 
Agnes  Anderson  have  returned  from 
a  four-week  location  trip  to  Arizona 
filming  "Laughing  Boy"  for  M-G-M. 


Oil  Code  Ruling 
May  End  Premiums 

(Continued  from   page   1) 

similar  provision  in  the  film  code. 

Suit  was  brought  by  a  number  of 
Detroit  service  station  ojDerators  to 
enjoin  the  oil  administrator  from  ap- 
plying the  premium  provision  of  the 
code.  It  was  the  first  case  directly 
involving  the  constitutionality  of  a 
code. 

The  film  code  provision  on  pre- 
miums provides  for  the  banning  of 
the  practice  in  any  territory  where 
75  per  cent  of  the  exhibitors  vote  ap- 
proval of  the  ban. 


Guilds  Wire  Their 
Thanks  to  Schenck 

(Continued  from   page    1) 

was  voiced  in  the  following  wire  sent 
the  United  Artists  and  20th  Century 
head  in  New  York  by  the  board  of 
directors  of  the  Screen  Actors'  Guild 
yesterday :  , 

"The  board  of  directors  of  the 
Screen  Actors'  Guild  wishes  to  ex- 
press its  deep  gratitude  to  you  for 
your  efforts  in  behalf  of  the  creative 
workers  during  the  code  conferences. 
Your  understanding  of  our  problems 
and  your  willingness  to  fight  with  us 
are  indicative  of  your  broad  vision. 
Our  contention  is  that  the  close  co- 
operation necessary  for  the  making 
of  good  pictures  is  only  possible  when 
both  employer  and  employe  are  satis- 
fied that  they  are  getting  a  fair  deal. 
We  are  confident  that  others  will  fol- 
low your  example  and  restore  har- 
mony in  the  industry.  Best  wishes 
for  your  continued  success." 


Federation  Decides 
Today  on  Code  Stand 

(Continued  from   page    1) 

that  it  would  oppose  any  code  which 
did  not  specifically  prohibit  regulation 
of  double  featuring.  The  code  as 
signed  by  President  Roosevelt  makes 
no  mention  of  duals. 

The  Federation  meeting  will  be 
held  this  afternoon  at  the  offices  of 
Jacob  Schechter,  counsel  for  the  or- 
ganization. Meanwhile,  none  of  the 
producer  and  distributor  members  of 
the  Federation  has  signed  the  code.' 


MOTION  PICTURE 

DAILY 


Tuesday,   December  5,    1933 


Emanuel  Has 
Plan  for  New 
ExhibitorBody 


(.Continued  from   page   1) 
dent  and  secretary  of  the  national  con- 
gress would  also  be  paid  and  devote 
all  their  time  to  the  organization. 

Emanuel  recently  retired  as  treas- 
urer of  the  M.  P.  T.  O.  A.,  a  post 
he  held  for  many  years.  He  operates 
a  number  of  theatres  in  this  zone. 


Plans  for  a  new  national  exhibitor 
association  to  comprise  all  theatre 
owners  regardless  of  affiliation  have 
been  under  discussion  by  exhibitor 
leaders  for  some  time,  but  have  never 
progressed  beyond  the  talking  stage. 
According  to  the  discussions,  a  new 
local  unit  would  be  set  up  in  each 
key  center  and  a  representative  of 
each  group  elected  to  a  national 
board,  which,  in  turn,  would  elect  a 
national  president. 


Holiday  Brings  New 
Life  to  B'way  Houses 

(Continued  from   page   1) 

Wednesday  night,  and  ending  Sunday 
night,  fell  off  sharply  yesterday  due 
to  inclement  weather.  The  Broadway 
stands,  however,  looked  for  some 
strengthening  of  the  takes  late  today 
and  throughout  tomorrow  when  repeal 
crowds  are  expected  to  throng  the 
theatre  district. 

The  expected  patronage  linked  up 
with  repeal,  however,  does  not  count 
on  the  celebrants  but  on  the  crowds 
of  curious  who  are  expected  to  be 
drawn  to  the  Times  Square  area  for 
a  casual  looking  over  of  repeal  cele- 
brations slated  for  late  today  and  to- 
morrow. Numbers  of  these  are  ex- 
pected to  find  their  way  into  theatres 
after    inspecting   the    repeal    scene. 

The  Music  Hall  reported  a  sensa- 
tional four-day  holiday  take  of  $70,- 
000,  aided  by  the  holiday  price  scales 
in  effect  on  three  of  the  four  days. 
Radio's  "Little  Women"  is  in  its  third 
week  at  the  house.  The  Capitol  re- 
I)orted  approximately  75,000  paid  ad- 
missions for  the  same  stanza  and  the 
Paramount,  featuring  Gary  Cooper  on 
the  stage  also  reported  capacity  busi- 
ness for  the  period.  Warners'  Strand 
and  Hollywood  did  their  best  week- 
end business  of  the  fall,  it  was  re- 
ported, while  the  Mayfair  and  Palace 
played  to  near  capacity  business  from 
Thanksgiving  Day  through   Sunday. 

The  two-a-day  houses.  Criterion  and 
Astor,  reported  sellouts  for  the  four 
days  and  business  was  reported  well 
above  average  at  Broadway  second 
runs. 


Warner  Anti-Trust 
Suit  Off  to  Jan,  10 

(Continued  from   page    1) 

by  the  U.  S.  District  Court  here,  this 
time  to  Jan.  10,  1934. 

The  Government's  suit,  based  on 
Warners'  acquisition  of  First  Na- 
tional, has  been  pending  for  rtwre  than 
two  years.  Indications  are  now  that 
the  action  will  be  indefinitely  suspend- 
ed because  of  the  operation  of  the 
industry  code,  which,  under  the  Na- 
tional Recovery  Act,  makes  the  anti- 
trust laws  inoperative  for  parties  to 
an  NRA  code. 


Looking  ^Em  Over 


(Continued   from    page  2) 

into  believing  that  its  influence  is  responsible  for  his  being  set  free, 
then  continuing  to  prey  on  him  on  the  threat  of  having  him  committed 
again  if  he  refuses  to  come  across.  Several  times  McCoy  escapes  death 
by  a  hair,  but  by  the  time  the  end  rolls  around  he  is  alive  and  in  the 
arms  of  the  sister  of  a  paroled  chap  whom  he  has  helped  to  escape  the 
demands  of  the  racketeers. 

The  film  is  only  -mildly  exciting  for  a  melodrama.  The  only  two 
sequences  that  create  more  than  a  passing  stir  are  those  in  which  the 
gang  pursues  McCoy  in  an  effort  to  "rub  him  out."  Shirley  Grey  plays 
McCoy's  sweetheart.  Wheeler  Oaknian  and  Bradley  Page  are  the  heads 
of  the  racket. 

This  is  a  picture  for  neighborhood  houses. 


Nields  Hands  Down 
Patent  Suit  Opinion 

Wilmington,  Dec.  4.  —  Plaintiffs 
and  defendants  divided  benefits  in  the 
legal  tilt  over  talking  motion  picture 
producing,  reproducing  and  manufac- 
turing and  leasing  of  equipment  as  a 
result  of  an  opinion  handed  down 
today  in  the  U.  S.  District  Court  here 
by  Judge  John  P.  Nields  on  one  phase 
in  the  preliminary  legal  skirmish  con- 
nected with  the  suit  of  Stanley  Co.  of 
America,  Duovac  Radio  and  General 
Talking  Picture  Corp.,  plaintiffs, 
against  A.  T.  &  T.,  Western  Electric 
and  Erpi,  defendants  in  each  instance. 

The  plaintiffs  allege  violation  of  the 
Clayton  Sherman  anti-trust  acts 
through  monopolization.  A  conspiracy 
to  restrain  such  trade  also  is  alleged 
by  the  plaintiffs,  who  charge  that 
Western  Electric  and  later  Erpi  en- 
tered into  certain  agreements  with 
producers  and  exhibitors  of  sound  pic- 
tures, the  effect  of  which  it  is  said, 
was  to  establish  a  monopoly. 

Judge  Nields'  opinion  on  the  phase 
of  the  case  follows : 

"Under  the  above  interpretations  of 
rules,  it  may  well  be  that  the  motiqn 
for  certain  particulars  should  have 
been  granted.  The  general  denial  of 
the  motion  is  not,  therefore,  to  be 
taken  as  a  precedent,  in  view  of  the 
statement  of  counsel  for  the  defendants 
that  it  is  immaterial  whether  the  in- 
formation sought  is  obtained  by  way 
of  particulars  or  interrogatories,  the 
order  denying  the  motion  for  particu- 
lars will  stand. 

"It  is  unnecessary  to  deal  with  the 
interrogatories  seriatim.  All  inter- 
rogatories filed  in  each  of  the  three 
cases,  as  modified  by  the  defendants  at 
the  hearing,  should  be  answered. 
Objections  to  the  latter  interrogatory 
should  be  sustained." 


Jolson  to  Return  East 

Hollywood,  Dec.  4. — Al  Jolson  will 
return  to  New  York  about  Dec.  10 
to  continue  broadcasts  for  the  Phenix 
Cheese  outfit,  at  which  time  he  will 
have  completed  "Wonder  Bar"  for 
Warners. 

Decision  to  go  east  was  made  fol- 
lowing word  that  Paul  Whiteman, 
who  also  appears  on  the  same  ether 
time,  would  be  unable  to  leave  New 
York. 


"Killers"  for  Rialto 

Arthur  Mayer  has  booked  "Killers 
of  the  Chaparral"  at  the  Rialto, 
starting  today.  The  picture,  being  re- 
leased by  Astor  Pictures,  also  goes  in- 
to the  Fox,  Brooklyn,  starting 
De.c.  .8. 


Boylen  Sees  GrowtJi 
Of  British  Pictures 

ToKONTO,  Dec.  4. — In  his  report  for 
the  year  ending  Oct.  31,  Chairman  J. 
C.  Boylen,  of  the  Ontario  Board  of 
Motion  Picture  Censors,  lays  particu- 
lar stress  on  the  growth  of  British 
film  distribution  in  this  province, 
although  non-British  films  continue  to 
form  the  bulk  of  bookings.  He  also 
offers  a  boost  for  pictures  with  a 
British  background. 

During  the  fiscal  year,  490  Ameri- 
can features  were  imported  against 
76  British  ones  in  the  Province  of 
Ontario  alone.  There  were  also  2,219 
releases  submitted  to  the  board.  Of 
these,  1,494  were  approved  as  sub- 
mitted, 701  after  changes  were  made, 
and  24  rejected  entirely.  The  number 
of  condemned  films  was  the  lowest  in 
several    years. 


Henger  Named  Head 
Of  Ofclalioma  Group 

Oklahoma  City,  Dec.  4. — George 
Henger,  former  zone  manager  for 
Warners  here,  has  been  named  city 
manager  for  the  Standard  Theatres, 
Inc..  the  new  management  organiza- 
tion for  the  combined  Warner  and 
Regal  houses,  which  includes  the 
Cooper-Public  Regal  houses,  the  Cri- 
terion, Capitol.  Victoria,  Circle  and 
Ritz,  and  the  Warner  group,  the  Mid- 
West,   Liberty,   Empress  and   Folly. 

Under  the  pooling  agreement  all 
Oklahoma  City  houses  will  be  enabled 
to  use  the  entire  product  options  of 
both  groups  jointly. 


Fairbanks,  Jr.,  Back 

Douglas  Fairbanks,  Jr.,  returned 
yesterday  aboard  the  Bremen  from 
England,  where  he  has  been  working 
for  London  Film  Productions.  He  will 
resume  his  career  in  America  by  co- 
starring  with  Colleen  Moore  in  "Suc- 
cess Story"  for  Radio.  His  first  for 
London  Film  Productions,  "Catherine 
the  Great,"  will  be  released  through 
United  Artists. 


Principal  Enlarges 

Principal  Film  Exchange,  Inc.,  has 
taken  larger  space  on  the  seventh 
floor  of  630  Ninth  Avenue.  Nat  Che- 
rin  and  S.  S.  Krellberg  will  stage  an 
office-warming   party   tomorrow. 


Col.  May  Get  Turner 

Terry  Turner,  formerly  of  Loew's, 
RKO  and  latterly  with  Publix,  m^v 
join  Columbia  as  head  of  the  radio 
department.  A  deal  is  understood  to 
be  now  under  way. 


Coast  Production 
Shows  New  Decline 


(Contiiiiird   from    page    1) 

will  join  the  group  of  dark  studios 
next  week,  making  a  total  of  three. 

The  studio  most  active  last  week 
was  Warners  with  eight  features  in 
work,  four  preparing  to  start  within 
the  next  two  weeks  and  12  in  the 
cutting  rooms.  This  is  followed  with 
M-G-M  reporting  five,  five  and  12; 
Fox,  five,  four  and  four ;  Paramount, 
five,  two  and  five ;  Columbia,  five, 
three  and  two ;  Universal,  one,  one 
and  eight;  United  Artists,  zero,  two 
and  three ;  Radio,  zero,  three  and 
nine.  Independents  report  five,  three 
and  six. 

The  short  subject  group  reports 
about  the  same  activity  as  the  preced- 
ing week — 10  working,  10  preparing 
and  22  in  the  cutting  rooms. 


Poli  Operation  May 
Be  Decided  Tomorrow 

(Continued  from  page   1) 

Haven  Wednesday  to  confer  with  his 
attorneys  on  a  deal  which  would 
transfer  the  houses  to  an  outside  op- 
erating  company. 

The  deal  by  which  Poli-New  Eng- 
land officially  takes  over  the  group 
of  theatres  also  has  been  held  up 
pending  the  closing  of  negotiations 
with  the  contemplated  new  circuit  op- 
erators. Poli-New  England,  accord- 
ing to  present  plans,  is  scheduled  to 
take  the  houses  Dec.  13.  This  com- 
pany, in  turn,  will  make  a  three-year 
management  agreement  with  the  new 
exhibitors. 

Sagal  was  in  New  York  last  week 
conferring  on  the  deal  which  was 
put  off  until  tomorrow.  He  denied 
last  night  that  Loew's  was  the  inter- 
ested  party. 


Hearing  on  DenmarJc 
Injunction  Up  Dec.  7 

(Continued  from   page   1) 

to  lift  it.  Attorneys  for  Erpi  will 
argue  the  case. 

The  Thursday  hearing  will  not  deal 
with  an  appeal  made  bv  Erpi  some 
time  ago  when  the  question  of  patent 
rights  was  decided  against  them  by 
the  lower  court.  This  is  slated  to  be 
heard  later. 

Decision  on  the  injunction  in  Den- 
mark will  affect  the  Scandanavian  ter- 
ritory. Distributors  are  mulling  over 
the  advisability  of  closing  offices  there, 
but  will  decide  after  the  Denmark 
situation   is    settled. 


Hits  "Offensive"  Films 

Catholics  were  urged  to  stay  away 
from  pictures,  plays  and  literature 
"offensive  to  Catholic  ideas  and  ideals" 
in  a  sermon  delivered  by  Rev.  Igna- 
tius W.  Cox,  professor  of  economics 
a.t  Fordham,  in  a  sermon  delivered  at 
Our  Lady  of  Mercy  Church. 


William  H.  Rapley  Dead 

Washington,  Dec.  4. — William 
Harriman  Rapley,  76,  owner  of  the 
National,  is  dead.  He  had  been  trou- 
bled with  heart  disease. 


Lesser  Arrives  Today 

Sol  Lesser,  president  of  Principal 
Distributing  Corp.,  arrives  today  on 
the  Majestic  after  six  weeks  abroad. 


The  Leading 

Dail/    ,.,^ 

Newspajjer 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  % 

Faithful      I 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  132 


NEW  YORK,  WEDNESDAY,  DECEMBER  6,  1933 


TEN  CENTS 


INDUSTRY  SELF-CONTROL 
IMPERILLED  UNDER  CODE 


Little  Help 
From  Repeal, 
Coast's  View 


Additional  slants  on  repeal 
and  how  it  may  affect  theatre 
business    appear    on    page   5. 


Hollywood,  Dec.  5. — Prohibition 
aassed  out  of  the  national  picture  to- 
tiight  and  found  one  sector  of  studio 
Dpinion  firm  in  its  beHef  that  quahty 
E)ictures  and  that  alone  will  keep  the 
xix-office  happy. 

Carl  Laemmle  was  one,  however, 
whose  definite  idea  was  that  repeal 
will  divert  money  which  ordinarily 
night  go  to  theatres  to  the  purchase  of 
iquor.     He  said : 

"Just  as  picture  theatres  prof- 
ited by  the  closing  of  saloons,  so 
will  they  suffer  from  re-opening, 
whether  called  saloons  or  by  some 
other  name. 

"All  the  re-employment  follo\y- 

ing  repeal  will  be  but  a  drop  in 

the    bucket    compared    with    the 

money  spent  thereafter  for  booze, 

(Continued  on  pane  5) 

Ohio's  Key  Cities 
Show  Forward  Spurt 

Columbus,  Dec.  5. — A  survey  of 
•etail  business  over  the  week-end  in 
some  of  the  major  keys  indicate  a 
lefinite  improvement  over  the  corre- 
sponding period  of  last  year,  which  is 
;ausing  exhibitors  to  visualize  a  bet- 
;er-than-seasonable  attendance  during 
:he  pre-holiday  weeks. 

Akron  stores  report  holiday  busi- 
less  up  20  per  cent  in  dollar  volume, 
(Continued  on  pane  8) 


Point  for  Petrillo 
In  Fight  on  Union 

Chicago,  Dec.  5. — The  temporary 
nj  unction  sought  by  Frank  Ririzzo 
md  Nicholas  Belcaster  against  James 
Petrillo,  head  of  the  Chicago  Federa- 
:ion  of  Musicians,  was  denied  today 
Dy  Master  in  Chancery  Julius  Miner 
(Continued  on  pane  9) 


It's  the  Law 

Washington,  Dec.  5.  —  All 
provisions  of  the  code  become 
operative  on  the  effective 
date,  regardless  of  the  exhib- 
itor's signature.  The  code  is 
law  for  the  entire  industry 
whether  members  sign  or  not, 
it  is  officially  stated. 


Plans  on  P.  P. 
Units  Meet  a 
Slight  Delay 


The  reorganization  plan  for  Para- 
mount Publix  being  prepared  under 
direction  of  Sir  William  Wiseman  of 
Kuhn,  Loeb  &  Co.  is  being  delayed 
pending  determination  of  the  extent  of 
increased  operating  costs  for  the  cor- 
poration under  the  labor  provisions 
of  the  industry  code,  it  was  learned 
yesterday. 

The  plan  is  well  past  its  preliminary 
stage,  it  was  said,  but  further  develop- 
ment, because  of  the  bearing  of  in- 
creased operating  costs  under  the  code 
on  the  future  cash  requirements  of 
the  company,  is  expected  to  progress 
slowly  for  the  next  30  days.  Further 
stabilization  of  general  business  con- 
ditions throughout  the  country,  which 
is  being  awaited,  and  effects  of  the 
(Continued  on  pane  9) 


Local  306  Nominates 
Its  New  Slate  Today 

With  nominations  for  all  officers  of 
Local  306.  except  President  Harry 
.Sherman,  to  be  held  today,  three  dif- 
ferent tickets  will  be  presented  at  the 
meeting  at  Oddfellows  Hall,  Brook- 
lyn. 

In  addition  to  the  present  ticket 
being    submitted    for    continuance    in 

(Continued  on   pane  8) 


Ace  Berry  Resians; 
Plans  Own  Circuit 

Indianapolis,  Dec.  5. — Ace  Berry, 
one  of  the  best  known  theatremen  in 
the  Middlewest,  today  resigned  as  gen- 
(Contiwued  on  page  8) 


Executive  Order  Delegating  Arbitrary  Pow- 
ers to  Administrator  Confronts  Trade 
With  Crisis  Under  NRA  Rule 


MPPD A  Move 
Fails  to  Stir 
NRA  Officials 


By  MARTIN  QUIGLEY 

The  motion  picture  industry  now  finds  itself  confronted  with  an 
acutely  confused  status  as  result  of  the  Executive  Order  accom- 
panying the  signed  code  as  released  last  week  by  the  National  Re- 
covery Administration. 

Mature  examination  of  the  Executive  Order  as  a  part  of  the  in- 
dustry code  reveals  that  the  Administration  has  undertaken  to  place 
the  motion  picture  business  in  virtually  an  unparalleled  position 
with  respect  to  other  industries  which  have  come  under  the  provi- 
sions of  the  National  Industrial  Recovery  Act. 

After  months  of  heroic  effort  on  the  part  of  principal  executives 
of  all  branches  of  the  industry  to  draft  a  code  in  conformity  with 
the  announced  purposes  of  the  NRA  program  and,  at  the  same  time, 

retain  within  the  industry  author- 
ity and  responsibility  for  the  con- 
duct of  the  business,  it  now  ap- 
pears that  the  Administration, 
through  the  Executive  Order, 
has  appropriated  to  itself  com- 
plete authority  over  the  aflFairs 
of  the  industry  and  has  erased  the 
provisions  made  for  the  main- 
tenance of  the  principle  of  self- 
regulation  under  government 
supervision. 

Although  the  Code  of  Fair 
Competition  for  the  Motion  Pic- 
ture Industry  as  signed  by  the 
President  is  virtually  identical 
with  the  code  which  was  signed 
and  accepted  by  principal  factors 
in  the  industry,  the  document  as 
it  now  stands,  with  the  inclusion 
of  the  Executive  Order,  is  a  new 
and  alien  arrangement,  radically 
different  in  its  essence  than  the 
code  plan  agreed  upon. 

It  is  pointed  out  that,  while  the 
leading  interests  in  the  industry 
inclined  originally  toward  the 
plan  of  a  separate  code  for  each 
of  the  principal  branches  of  the 
business,  it  eventually  yielded  to 
the  importunings  of  the  Adminis- 
tration and  entered  upon  the  diffi- 
cult task  of  formulating  a  single 
master  code.  In  thus  proceed- 
ing, it  became  necessary  to  intro- 

(Continued  on  page  4) 


Washington,  Dec.  5.  —  Reports 
from  New  York  to  the  effect  that  a 
"secret  meeting"  of  M.  P.  P.  D.  A. 
directors  yesterday  had  determined  to 
file  a  protest  against  the  code  with 
the  National  Recovery  Administration 
and  ask  that  the  effective  date  of  the 
code  be  suspended  until  existing  dif- 
ferences of  opinion  had  been  harmon- 
ized were  received  by  Administration 
officials  today  with  a  marked  lack  of 
enthusiasm. 

No  protest,  it  was  said,  has  yet  been 
received  and,  it  was  indicated,  any  re- 
quest for  an  extension  of  time  before 
the  agreement  goes  into  effect  will  re- 
ceive little  consideration. 

Reports  from  New  York  indicated 
that  the  Hays  organization  was  op- 
(Continued  on  page  9) 


Labor  Reports  It's 
Pleased  with  Code 

Organized  labor  is  satisfied  with  the 

set-up  of  the  code  authority  and  the 

provisions  of  the  Executive  Order  and 

the   code  for  adding   labor   represen- 

(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Wednesday,  December  6,    1933 


MOTION  PICTURE 

DAILY 

(Registered    U.    S.    Patent   Office) 


\',.l.   ,u 


l>fOenibcr    6.    193^^ 


No.    132 


Mastin    Quigley 
Editor-in-Chief   and   Publisher 


MAURICE    KANN 

Editor 

JAMES  A.  CRON 

.1  dverttsing    Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc.,  Mar- 
tin Quigley,  President;  Colvin  Brown, 
Vice-President     and     Treasurer. 

Publication  Office:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quigpubco,  New  Vork."  All  con- 
tents copyrighted  1933  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:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford. 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuii,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hcvesi 
Representative. 

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. 


Broadway  Holdovers 

Shows  which  will  be  held  over  for 
a  second  week  are  ".Sitting  Pretty" 
at  the  Paramount,  "Dancing  Lady"  at 
the  Capitol,  "Gow"  at  the  Cameo',  and 
"The  Invisible  Man"  at  the  RKO 
Roxv. 


Adams  Quits  Majestic 

Cleve  Adams,  special  representative 
for  Majestic,  has  resigned  and  is  now 
in  Chicago  on  a  visit. 


'ASK  THE  MAN 
WHO  PLAYED  IT" 

NOW  ACCEPTING 

DATES  FOR 

NEXT  TEN  YEARS 

Greatest    Perpetual    Roadshow 
Motion   Picture   Ever  Produced 


Fordotteti 


For  State  Rights  Apply  To 

JEWEL   PROD.   INC. 

723-7th  Avenue,        N.  Y.  City 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Gallant  Lady" 


(ZOlh  Ccnliiry) 

Hollywood,  Dec.  5. — "Gallant  Lady"  is  big  and  fine.  A  thrilling  pic- 
ture, throbbing  with  a  measured  beat  of  human  sympathy. 

.Audiences  will  meet,  know,  and  be  pulling  for  as  swell  a  group  of 
iiuman  beings,  led  by  Ann  Harding  and  a  stellar  cast,  as  have  graced 
the  screen  in  some  time. 

Not  since  "Holiday"  has  Miss  Harding  been  accorded  such  a  genuine, 
sincere  and  meaty  role.    She  handles  it  with  feeling  and  telling  effect. 

The  story  concerns  a  girl  courageous.  Her  fiance,  killed  in  a  take-off 
on  a  trans-Atlantic  flight,  forces  her  to  have  her  child  adopted.  Her 
attachments  to  three  men,  her  business  success,  her  yearning  and  quest 
for  her  baby  boy,  and  her  final  break  for  happiness  are  meager  high- 
lights of  an  absorbing  plot. 

Charged  with  quiet  power,  suffused  with  poignant  pathos,  the  picture 
reveals  dramatic  heartbreak  in  a  touching  and  tender  mood.  Sigh  and 
sob  are  broken  by  smiles  and  laughs.  Ann  Harding  softly  etches  a 
portrait  that  engraves  itself  on  one's  memory. 

Clive  Brook,  as  a  social  outcast,  elevates  human  frailty  superbly. 
Tullio  Carminati  is  gay.  Otto  Kruger  is  dependable,  and  both  give 
quality  performances  as  the  two  other  men  in  Ann  Harding's  life.  Janet 
Beecher,  rich  in  stage  experience,  turns  in  a  warm,  competent  and  sin- 
cere portrayal.  Dickie  Moore  is  a  lovable,  regular  fellow.  Betty 
I^awford,  as  the  female  menace,  handles  a  tough  job  nicely. 

Gregory  La  Cava's  direction,  keeping  the  human  values  well  in  front 
at  all  times,  is  expert  in  all  departments.  Sam  Mintz's  screen  play  is 
a  model  of  craftsmanship. 

"Gallant  Lady"  explores  the  heartaches  and  gropings  of  real  people. 
Its  soft  symphony  reaches  the  hidden  springs  of  emotions  and  plays 
wholesome  music  on  the  heartstrings. 

Appealing  to  all  classes,  "Gallant  Lady"  may  well  be  considered  out- 
standing, should  do  standout  business  where  Ann  Harding's  name  pulls 
and  should  rejuvenate  her  popularity  elsewhere. 


Form  DuWorld  Corp. 

Irving  Sliapiro  and  Archie  Mayers 
have  formed  DuWorld  Pictures  Corp.. 
and  are  planning  the  release  of  12 
features,  12  featurettes  and  24  two 
and  one-reel  subjects.  Shapiro  was 
formerly  with  RKO  and  Mayers  has 
been  sales  manager  of  Embassy  Pic- 
tures and   Colorfilm   Corp. 


Brand  in  Town 

Harry  Brand,  west  coast  publicity 
chief  for  20th  Century  Pictures,  ar- 
rived in  town  yesterday.  He  remains 
for  a  brief  vacation. 


Grainger  on  New  Trip 

James  R.  Grainger,  Universal's  gen- 
eral sales  manager,  left  on  a  five 
weeks'  sales  trip  yesterday,  via  Can- 
ada. He  will  reach  Hollywood  in 
time  for  the  holidays  and  return  to 
New  York  shortly  after  the  first  of 
the  year. 


/.  T.  O.  A.  Meet  Thursday 

Weekly  meetings  of  the  I.  T.  O.  A. 
have  been  changed  from  Tuesdays  to 
Thursdays  at  the  Astor.  The  switch 
is  due  to  Allied  of  New  Jersey  meet- 
ing on  Tuesdays  in  New  York. 


Net 

Low 

Close 

Change 

Sales 

26>4 

26'/2 

-f     V2 

500 

9>4 

9'4 

+  V^ 

200 

79!4 

84'/ 

+SV2 

2,400 

14 

14'^ 

+  Vs 

300 

29'4 

30?^ 

4-1^8 

2.600 

VA 

m 

-1-  '4 

7,200 

i-y« 

Wa 

200 

11 

U'A 

+  Vi 

2,200 

2y» 

VA 

100 

17 

17 

—A 

6,000 

s% 

6'4 

+  v% 

3,800 

Eastman  Leads  General  Rise 

High 

Columliia    Pictures,    vtc 26j4 

ronsolidated  Film  Industries,  pfd 9J4 

Kastman     KrKiak     WA 

Kc.x    Film    "A" \VA 

I.oew's.    Tnc 30.>4 

Paramount    Publix    1^ 

Pathe    ICxchangc    1% 

Pathc    Kxcliangc    "A" ll.^i 

KKf)     2^ 

("nivcrsal    Pictures,    pfd 19^ 

Warner    Bros 6^ 

Curb  Trading  Very  Light 

Net 

Hijrh      L.OW      Close     Change  Sales 

Sentry    Safety    Control 3/16       3/16       3/16    100 

Technicolor     9^         9'/4         9'/        .300 

Most  Bond  Issues  Remain  Steady 

Net 

High      Low  Close  Change     Sales 

354  354        5 

2?4  2^  —  54  1 

46^  46^  +  ?4  1 

81 '/4  81 54  -I-  '/^  1 

23J4  24  +14  8 

24  24  —  '/5  14 

80'/5  SCPA  —Vi  2 

38J4  38J4        14 


General  Theatre  Equipment  6s   '40 3^ 

General    Theatre    Equipment   6s   '40   ctf 254 

Keith    B.    F.    6s    '46 46H 

Loew's   63   '41,    WW   deb   rights 81^ 

Paramount    F.    L.    6s    '47 24 

Paramount    Publix   5'As   '50 24 

Pathe  7s   '37,  ww SO'A 

Warner    Bros.    6s    '39,    wd .38)4 


i  Purely 
Personal  ► 


JOHN  BOLES,  recently  appointed 
a  Kentucky  colonel,  sang  on  the 
"Kentucky  Colonel  Hour,"  in  behalf  of 
the  NR.A.,  over  the  Columbia  network 
last  night. 

Tom  B.Mi.v,  publicity  head  at  the 
Paramount  studios,  is  in  New  York 
on  an  advance  campaign  for  Char- 
lotte Henrv,  star  of  "Alice  in  Won- 
derland."   He'll  stay  about  a  week. 

Mike  Markel's  orchestra  will  sup- 
ply the  music  for  the  benefit  dance  of 
the  Walden  School  building  fund  at 
the    7th    Ave.    Roxy    Friday   evening. 

Bill  Rudolph,  U.  A.  exploiteer, 
left  for  Cleveland  yesterday  to  ex- 
ploit "Broadway  Thru  a  Keyhole"  at 
the  Allen. 

Paul  Muni  and  his  wife  will 
arrive  today  or  tomorrow  from  the 
coast  for  a  month's  vacation  here. 

Irving  Mandel,  Chicago  Mono- 
gram franchise  holder,  is  in  town  con- 
ferring with  W.  Ray  Johnston. 

Herman  Wobber  and  John  D. 
Clark  return  from  a  tour  of  Fox 
western  exchanges  on  Friday. 

Don  Dean,  South  American  radio 
star,  is  at  the  Warwick  for  his  first 
visit  here  in  three  years. 

Sol  Lesser,  Joe  May  and  Irving 
AscHER  arrived  on  the  Majestic  late 
yesterday  afternoon. 

Edward  Bensen,  formerly  head  of 
the  U.  A.  Cincinnati  exchange,  is  in 
town. 

L.  J.  Schlaifer  has  put  off  his  trip 
to  U.  A.  western  exchanges  until  next 
week. 

Beut  Lahr  has  been  signed  for  two 
more  Radio  musical  comedy  shorts. 

Mrs.  Peter  Freuchen  is  now  on 
the  high  seas  bound  for  Denmark. 

Tim  McCoy  arrives  from  the  coast 
at  the  end  of  the  week. 


Cooperation  Sought 
In  2  Charity  Drives 

The  industry  in  New  York  is  ex- 
pected to  participate  in  two  local 
charity  drives.  One  is  on  behalf  of 
the  I''ederation  for  the  Support  of 
Jewish  Philanthropic  Societies  which 
is  attempting  to  raise  $100,000  toward 
the  $4,200,000  total  being  sought  for 
the  support  of  the  Federation  and  its 
91  affiliated  charitable  agencies.  The 
film  division  drive  is  headed  by  an  eJ£- 
ecutive  committee  comprising  Albert 
Warner,  David  Loew,  Ralph  Kotin, 
Jack  Cohn,  and  Max  Gordon,  stage 
producer. 

The  second  is  the  Citizen's  Family 
Welfare  Committee  campaign  for  $4,- 
000,000,  the  industry's  quota  being 
$25,000.  Louis  Nizer  is  chairman  of 
the  film  division. 


•Run  your  eye  over  that  cast...  see  why 
this  is  the  perfect  happiness  show...  for 
children  and  adults.  A  guarantee  of  big 
trade ...  morning,  noon  and  night! 

•  Rollicking  adventures  of  the  wandering 
Skitches...  roaming  the  U.S.  in  their  rheu- 
matic old  car...  taking  in  the  tourist  camps 
...  being  taken  over  by  tourist  scamps. 


WILL  ROGERS 

mskoEk 


ZASU  PITTS 

Rochelle  Hudson      Florence  Desmond 
Harry  Green      Eugene  Pallette 
Directed  by  James  Cruze 

Based  on  the  stojy  "Green  Dice"  by  Anne  Cameron 


Your  patrons  always  like 

FOX  MOVIETONE  NEWS 


jofjf  rjir^  ^^'"^ '''"' ^ 


MOTION  PICTURE 

DAILY 


Wednesday,  December  6,   193; 


Code  Endangers  Self-Control 


Executive's 
Order  Means 
Trade  Crisis 


{Continued  from   page    1) 

duce  provisions  applying  to  deli- 
cate and  complex  trade  practices, 
the  assumption,  of  course,  being 
that  in  the  actual  administration  of 
the  code,  under  the  Code  Authority 
provided  for,  the  voice  of  persons 
of  experience  and  ability — as  well 
as  wide  responsibility  for  invest- 
ments in  the  industry — would  pre- 
vail. 

However,  under  the  Executive 
Order  the  decisions  of  the  estab- 
lished Code  Authority  are  subject 
to  review  by  the  Administrator 
who,  incidentally,  is  concerned  also 
with  several  hundred  other  codes 
which  are  now  in  one  stage  or  an- 
other in  the  process  of  formulation 
and  execution.  Nominations  which 
the  industry  has  made  to  the  Code 
Authority  consist  in  each  instance 
of  leading  personalities  represent- 
ing all  of  the  important  interests  of 
the  industry.  Under  the  Executive 
Order  any  decisions  arrived  at  by 
these  representatives  may  be  re- 
viewed and  reversed.  And  further, 
the  Executive  Order  provides  for 
their  removal  at  the  Administra- 
tor's pleasure. 

A  Perplexing  Slant 

Section  I  of  the  Executive  Order 
states  that,  because  the  constituency 
of  the  Code  Authority  is  named, 
the  Administrator  shall  have  the 
right  to  review  and  disapprove  de- 
cisions made.  This  is  a  particularly 
perplexing  feature  of  an  altogether 
perplexing  matter,  the  argument 
apparently  being  that  if  the  con- 
stituency had  not  been  named — and 
if  the  persons  to  comprise  the  Code 
Authority  were  not  known  and  their 
fitness  for  the  responsibility  not 
subject  to  examination — then  the 
Administrator  would  not  have  re- 
served arbitrary  prerogatives  to 
himself. 

The  second  section  of  the  order 
seems  to  allocate  extraordinary  at- 
tributes of  fairness,  justice  and  im- 
partiality to  the  Administrator  be- 
cause it  is  intended  to  enable  him 
to  remove  any  member  of  the  Code 
Authority  who  "shall  fail  to  be  fair, 
impartial  and  just." 

Although  Deputy  Administrator 
Sol  A.  Rosenblatt  informed  repre- 
sentatives of  the  industry  while  the 
code  conferences  were  in  progress 
in  Washington  that  he  had  been  in- 
structed by  the  President  to  inform 
the  industry  that  provision  in  the 
code  must  be  made  to  control  the 


payment  of  so-called  excessive  sala- 
ries the  arrangements  in  this  con- 
nection which  were  laboriously 
worked  out — virtually  at  the  Presi- 
dent's insistence — are  suspended  for 
a "^O-day  period. 

Better  Control  of  Costs 

Although  it  has  been  made  quite 
plain  that  if  the  industry  is  to  be 
able  to  meet  the  increased  labor 
costs  which  it  generously  agreed  to 
for  tlie  purposes  of  cooperating  in 
the  purposes  of  the  National  Recov- 
ery Act,  it  would  be  necessary  to 
control  more  effectively  production 
costs,  the  Executive  Order  suspends 
also  for  90  days  the  arrangements 
intended  to  apply  in  this  connection. 

A  feature  of  the  memorandum 
accompanying  the  signed  code  as 
delivered  by  the  Administrator 
which  would  have  provoked  only 
merriment  if  it  were  not  for  the 
serious  matters  involved  was  the 
appointment  to  the  Code  Authority 
ot  Eddie  Cantor.  The  fact  that 
the  President  brought  Mr.  Can- 
tor to  Warm  Springs  for  a  confer- 
ence on  motion  picture  matters  was 
surprising  enough ;  but  his  appoint- 
ment to  the  Code  Authority  as- 
sumed the  proportions  of  a  shock. 
Mr.  Cantor's  appointment  was  ap- 
parently a  bid  to  silence  propaganda 
addressed  to  the  Administration 
from  a  group  of  professionals  in 
the  industry  whose  salaries  already 
have  reached  figures  which  Mr. 
Rosenblatt  quoted  the  President  as 
saying  are  "a  baneful  influence 
upon  the  public." 

Clarification   Essential 

It  is  quite  obvious  that  it  be- 
hooves, those  responsible  for  the 
conduct  of  this  business  and  the  se- 
curity of  its  investments  to  find  out 
where  they  and  the  industry  stand 
in  view  of  the  conditions  imposed 
under  the  Executive  Order.  There 
are  indications  that  steps  intended 
to  lead  to  such  a  definition  are  to 
be  taken. 

Considerable  interest  is  being  ex- 
pressed in  just  how  and  why  the 
motion  picture  business  has  been 
singled  out  among  American  indus- 
tries for  the  exclusive  treatment 
provided  for  it  under  the  Execu- 
tive Order.  There  are  no  prece- 
dents for  the  action  elsewhere  un- 
der the  NRA  program  except,  pos- 
sibly, in  the  case  of  the  oil  code 
and  this  was  provided  for  under 
special  legislation. 

Strained  Itself  to  Comply 

It  is  demonstrable  that  the  indus- 
try extended  itself  in  every  direc- 
tion in  an  effort  to  comply  with  the 
purposes  of  the  NRA  program. 
With  respect  to  labor  provisions  of 
the  proposed  code  the  president  of 
the  American  Federation  of  Labor 
publicly  thanked  the  industry  for 
its  generosity  and  support.     In  or- 


Delays  on  Code 

A  general  meeting  of  the 
entire  membership  of  the 
Federation  of  the  M.  P.  In- 
dustry to  consider  and  take 
action  on  code  signing  will 
be  called  in  about  10  days,  it 
was  decided  at  a  meeting  of 
the  board  of  directors  of  the 
independent  producer  and 
distributor  organization  yes- 
terday. Date  and  place  are 
to  be  set  later. 

Those  attending  yesterday's 
meeting  were,  P.  S.  Harrison, 
president;  Jacob  Schechter, 
counsel;  W.  Ray  Johnston, 
president  of  Monogram;  Harry 
Thomas,  president  of  First 
Division;  Charles  Glett,  Freu- 
ler  Associates;  Jack  Bellman, 
Hollywood  Exchanges,  and 
Robert  Savini,  Astor. 


der  to  introduce  more  commonly 
satisfactory  trade  practices  every 
branch  of  the  industry  made  con- 
cessions of  one  character  or  another 
to  every  other  branch.  Naturally, 
there  was  not  complete  satisfaction 
with  the  code  as  drawn.  Various 
independent  exhibiting  groups  ob- 
ject to  and  disapprove  of  many 
provisions  of  the  code,  but  even 
the  most  aggressive  leaders  among 
these  are  not  unwilling  to  admit 
and  acknowledge  the  difficulties  and 
complexities  surrounding  a  large 
number  of  the  trade  practices  prev- 
alent in  the  industry.  Many  im- 
partial and  experienced  persons  in 
the  industry  admit  freely  the  vir- 
tual impossibility  of  so  arranging 
various  of  the  trade  practices  so  as 
to  foreclose  the  possibility  of  in- 
equalities. 

Executives  Facing  Difficulties 

Despite  all  of  this,  the  Adminis- 
tration has  assumed  an  attitude 
which  makes  it  very  difficult  to  see 
how  responsible  executives  may 
continue  to  function  in  the  con- 
duct of  their  businesses  without  ig- 
noring the  responsibilities  with 
which  they  are  charged.  It  ap- 
pears that  progress  along  the  in- 
dicated line  can  only  be  had  in 
event  of  approval  by  stockholders 
and  directors  of  the  program  pro- 
posed by  the  Administration.  Such 
action  would  seem  to  suggest  the 
strong  possibility  of  executive  per- 
sonnel asking  to  be  relieved  of 
their  normal  responsibilities. 

Whether  or  not  the  Executive 
Order  will  be  amended,  of  course, 
remains  to  be  seen.  But  specula- 
tion on  what  would  be  the  fortunes 
of  the  industry  were  ihe  order  to 
be  carried  into  effect  leads  to  both 
interesting  and  disturbing  conclu- 
sions. The  industry,  with  respect 
to  such  decisions  as  the  Adminis- 
trator would  care  to  take  time  out 
from  the  administering  of  several 
hundred    other    codes    to    render 


would  be  run  by  the  Administrator, 
Following  the  formula  wjiich  ap- 
pears to  have  gotten  results  thus 
far  at  Washington  propagandists  oi 
all  sorts  would  descend  upon  the 
Administration.  Letters,  telegrams, 
and  perhaps  personal  visits  from 
Eddie  Cantor,  would  surround  the 
President,  each  with  its  own  idea 
as  to  just  how  the  picture  business 
should  be  run.  The  industri' 
would  be  a  guinea  pig  for  an  amaz- 
ing series  of  experiments. 
After  that — the  deluge. 


Labor  Reports  It's 
Pleased  with  Code 

(Continued  from  page    1) 

tatives  to  code  authority  boards  .on 
any  occasion  when  labor's  problems 
are  in  dispute,  it  was  stated  yester- 
day. 

No  protest  will  be  made  over  the 
appointment  of  Eddie  Cantor  and 
Marie  Dressier  to  the  code  authority 
as  representatives  of  an  "employe" 
class,  despite  the  fact  that  no  labor 
representatives  have  been  named  as 
yet  for  its  own  employe  classification. 

The  I.  A.  T.  S.  E.,  according  to 
Abner  Rubien,  counsel,  views  the  re- 
cent action  of  Administrator  Hugh 
S.  Johnson  in  appointing  John  L. 
Lewis,  president  of  the  United  Mine 
Workers  of  America,  to  be  one  of 
three  government  representatives  at 
large  on  the  code  authority  of  the 
bituminous  coal  industry,  as  sufficient 
assurance  that  labor  will  be  granted 
adequate  repre.sentation  either  on  the 
code  authority  of  this  industry  or  on 
boards  appointed  by  the  code  authority 
to  hear  labor  matters. 

The  former  procedure  is  viewed  as 
possible  under  the  executive  order  and 
as  likely  in  view  of  Administrator 
Jolmson's  manifest  new  policy  on  la- 
bor representation  on  code  authori- 
ties. The  latter  procedure,  it  was 
pointed  out,  is  guaranteed  in  the  in- 
dustry code  it_self. 


Schenck  Silent  on 
Provisions  in  Codek 

Joseph  M.  Schenck,  president  of 
United  Artists  and  20th  Century  Pic- 
tures, who  advocated  elimination  of 
the  salary  penalty  and  talent  "raid- 
ing" provisions  of  the  code  prior  to 
its  signing,  declined  yesterday  to  state 
his  views  of  the  executive  order  sus- 
pending those  provisions. 

Schenck  also  declined  to  state 
whether  he  would  withdraw  his  res- 
ignation from  the  Hollywood  Pro- 
ducers' Ass'n,  from  which  he  resigned 
several  weeks  ago  over  differences  of 
opinion  on  the  two  provisions  of  the 
code. 

"I  have  nothing  to  say  on  anything 
pertaining  to  the  code,"  Schenck  de- 
clared. 

He  plans  to  leave  for  Europe  in 
about  10  days. 


Close  Madison  Capitol 

Madison,  Wis.,  Dec.  5. — Warners 
has  closed  the  Capitol  because 
business  has  not  warranted  keeping 
the   house   open   during   the   holidays. 


Wednesday,  December  6,   1933 


MOTION  PICTURE 

DAILY 


Ideas  Vary  on  RepeaVs  Effect 


Little  Help 
From  Repeal, 
Coast's  View 


(Continued  from  page  1) 
which  money  would  otherwise  go 
at  least  in  part  to  theatres." 
Darryl    Zanuck,    of    20th    Century 

Pictures,  thinks  this : 

"There  is  nothing  that  will  af- 
fect the  box-office  except  the  qual- 
ity of  the  pictures  that  go  on  the 
screen.  The  American  public 
wants  entertainment. 

"The  results  that  followed  the 
election  that  put  repeal  over  the 
top  show  that  the  nation  has  al- 
ready adjusted  itself  to  a  sane  and 
temperate  reaction  to  the  situation. 
"Putting  more  people  to  work 
is  bound  to  give  the  theatre  a  wid- 
er field  of  patronage." 
And  from  Jesse  L.  Lasky,  produc- 

ng  independently  for  Fox,  this : 
"There  seems  to  me  to  be  no 
logical  reason  for  assuming  that 
legalized  liquor  will  in  any  way 
affect  box-office  returns.  Drink- 
ing and  theatres  are  separate. 
They  always  have  been  and  there 
are  no  grounds  for  believing  that 
the  industry  of  drinking,  already 
tremendously  active,  will  spurt  to 
new  highs  just  because  the  gov- 
ernment sanctions  it.  I  have  no 
fears  for  the  box-office. 

"The  initial  imbibing  will  wear 
itself  out  in  a  few  days.  The 
same  abruptness  was  experienced 
during  the  first  few  days  of  legal- 
ized beer. 

"I  sincerely  believe  that  repeal 
will  put  more  people  to  work,  cir- 
culate more  money  and  that  much 
of  this  circulation  will  stop  at  the 
box-office.  Past  experience  proves 
that  a  theatre  is  never  the  last, 
but  the  first — along  with  the  gro- 
cery— to  get  its  share  of  additional 
pay  checks  and  salary  increases." 
Hal    Wallis    of    Warner-First    Na- 

bnal,    remarked : 

"We  are  not  interested  in  legal- 
ized liquor.  We  are  only  inter- 
ested in  making  pictures  and  feel 
that  if  they  are  good  pictures  they 
will  make  money  at  the  box-of- 
fice in  spite  of  any  influence." 

Henry  Ginsberg,  vice-president  and 
eneral  manager  of  the  Roach  studio, 
lid: 

"We  can  see  no  adverse  effect 
upon  box-office  receipts  with  the 
coming  of  legalized  liquor.  If  any- 
thing, it  permits  the  imbibing 
public  to  come  out  in  the  open 
and  this  freedom  will  undoubted- 
ly prove  a  stimulant  to  theatre 
business." 


Thomas  Takes  ''Wine*' 

Distribution  rights  to  the  I.  E. 
'hadwick  production,  "Wine,  Women 
nd  Song,"  for  Western  Pennsylvania, 
Vest  Virginia,  Ohio  and  Kentucky, 
ave  been  acquired  by  Harry  Thomas 
f  First  Division. 


Houston  Viewpoint  Is  Same 

As  Hollywood;  Up  to  Film 

Houston,  Dec.  5. — Who's  afraid  of  the  big,  bad  bottle?  Nobody 
at  all,  according  to  local  theatre  men,  who,  without  exception,  hold 
the  exit  of  prohibition  will  in  no  wise  aflfect  box-office  receipts  in 
this  territory. 

"Why  should  it?"  asked  a  representative  exhibitor.  "Beer 
hasn't  hurt  us,  and,  after  all,  beer  is  the  average  patron's  drink. 
Hard  liquor  has  always  been  available  for  the  people  who  want 
it  here;  good  hard  liquor  can't  hurt  us  nor  our  patrons  like  the 
bootleg  swill  did." 

That  the  first  month  of  liquor  sales  might  help  increase  the 
usual  Christmas  depression  at  the  box-office  is  conceded  by  local 
exhibitors,  but  they  insist  they  are  not  worrying  about  that.  "Give 
us  the  pictures,  and  we'll  get  the  crowds,"  seemed  to  be  the  con- 
sensus of  opinion.  One  man  of  long  experience  declared  that 
women  and  young  folks  are  not  interested  in  "liquor  as  enter- 
tainment" and  that  these  are  his  chief  customers. 

Re-employment  following  repeal  might  help  the  industry,  one 
exhibitor  agreed,  but  he  added  this  would  not  reflect  in  the  box- 
offices  until  well  into  next  year.  "And  by  that  time  maybe  the 
NRA  will  have  us  all  on  smooth  seas,"  he  added. 


Providence  Gives  3  Cheers 
For  Repeal;  Says  Wll  Aid 


Providence,  Dec.  5. — Showmen  en 
masse  are  giving  three  cheers  and  a 
tiger   for   repeal. 

"Of  course  it  will  increase  busi- 
ness," they  chorus  in  response  to  a 
question  as  to  what  effect  this  here 
renunciation  of  John  Barleycorn  will 
have  on  the  trade  of  catering  to  the 
public.  "Better  spirit,  better  times, 
more  dough  and  a  mounting  desire  to 
get  some  fun  out  of  life,"  is  the  man- 
ner in  which  they  anticipate  the  pub- 
lic's reaction. 

Providence  exhibitors  draw  their 
patronage  from  the  entire  length  and 
breadth  of  the  state.  Every  hamlet 
pours  its  quota  of  customers  into  the 
five  big  city  houses — when  times  are 
good  and  when  these  mill  boys  and 
girls,  mostly,  have  dough  in  their 
pockets.  Since  the  advent  of  beer 
there  has  been  a  gradual  increase  in 
the  roar  of  machinery  in  the  heavily 
populated  Blackstone  Valley  towns. 
Most  people  have  been  taken  off  the 
relief  rolls  and  jobs  have  provided 
them  with  a  few  cents  to  spend  here 
and  there  on  entertainment.  They  go 
to  pictures  at  least  once  a  week.  Wit- 
ness the  smash  triumphs  here  of 
"Power  and  the  Glory,"  "I'm  No 
Angel,"  "Bombshell"  and  "Tugboat 
Annie."  "They'll  spend  if  they  have 
the   shekels,"   showmen   say. 

Bernard  Fay  and  Jack  Touhy,  of 
Fay's  Majestic,  agree  heartily  busi- 
ness will  see  a  pick-up.  It  may  be 
gradual  at  first,  they  admit,  but  it 
will    come. 

Billy  McDermott  of  Loew's  State : 

"Show  me  the  town  that  is  wide 
open  and  I'll  show  you  a  town 
where  there  is  prosperity  in  all 
lines  of  effort.  Remember  the 
good  old  days?  Why,  Providence, 
instead  of  being  a  stopping  off 
place,  theatrically  speaking,  was 
the  liveliest  little  burg  in  the 
country.  It  was  called  'Little 
New      York.'         The      theatres. 


among  the  last  to  feel  the  de- 
pression, may  be  among  the  last 
to  feel  the  effects  of  the  upturn — 
but  it  will  surely  come.  Yes,  sir, 
prohibition's  death  will  bring  new 
Hfe !" 

Eddie  Read,  manager  of  the  Para- 
mount, envisions  a  happier  crowd  of 
persons  filled  with  a  renewed  zest  in 
life. 

"They  will  want  a  little  fun," 
he  says,  "after  the  dark  days  of 
depression.  And  the  movies  will 
provide  them  with  entertainment 
within  reach  of  even  the  slimmest 
pocketbook." 
They're  all  for  repeal,  and  already 

are    making    plans    to    lay    in    added 

supplies  of  very  black  ink. 


More  ''Women*'  Records 

Omaha,  Dec.  5.— "Little  Women" 
is  making  box-office  history  in  these 
parts,  according  to  figures  being  re- 
ceived daily  by  A.  M.  Avery,  RKO 
branch  manager.  At  Sioux  City,  the 
Hepburn  picture  did  $1,000  more  bus- 
iness its  opening  day  at  the  Orpheum 
than  any  previous  attraction. 

At  the  Brandeis  in  Omaha,  on 
Thanksgiving  Day  "Little  Women" 
grossed  slightly  more  than  $400  above 
any  single  day  on  the  house  record 
when  playing  a  picture  program.  It 
is  set  for  two  weeks. 


Arthur  Off  Tomorrow 

Harry  C.  Arthur  leaves  tomorrow 
for  the  coast  and  will  make  stopovers 
at  St.  Louis,  Kansas  City,  Denver, 
Salt  Lake  City,  San  Francisco,  and 
Los  Angeles.  While  on  the  coast  he 
will  confer  with  his  brother  Milton, 
and  Mike  Marco,  head  of  F.  &  M. 
Stageshows,  Inc.,  in  which  Arthur  is 
interested.  He  expects  to  be  back 
Dec.  24,  in  time  for  Christmas. 


Pittsburgh 
Sure  Repeal 
Spells  Boon 


Pittsburgh,  Dec.  5.  —  Leading 
showmen  here  readily  admit  repeal, 
which  went  into  effect  tonight,  should 
be  of  considerable  help  to  theatre 
business  in  more  ways  than  one. 
They  point  out  the  return  of  beer  was 
a  prime  factor  in  improving  grosses 
generally,  what  with  the  extra  em- 
ployment it  provided  throughout  this 
district,  an  extensive  brewing  area, 
and  believe  that  hard  liquor  will  do 
even  more. 

This  town  has  always  been  a  leader 
in  the  distillery  business,  the  Large, 
Schenley  and  Overholt  distilleries  all 
being  within  a  radius  of  IS  miles  of 
Pittsburgh.  As  a  result,  bottle  and 
barrel  factories  are  expected  to  be- 
come active  again,  relieving  a  lot  of 
unemployment  and  putting  more 
money  in  circulation. 

Harry  Kalmine,  theatre  zone  man- 
ager for  Warners,  doesn't  believe  re- 
peal will  result  in  an  early  splurge 
that  may  keep  money  out  of  the  the- 
atres. 

"I  think  drinkers  will  be  more 
temperate  than  ever,"  he  said, 
"now  that  they  know  they  can  get 
liquor  any  time.  Mark  my  word, 
most  drinking  will  be  done  at 
home  and  I  don't  think  theatres, 
will  feel  any  hardships  over  this 
at  all.  I  do  think,  though,  that 
there  will  be  more  employment 
and  a  generally  happier  frame  of 
mind  and  all  this  is  bound  to  help 
business." 

Mike  Cullen,  city  manager  for 
Loew's  here,  was  of  the  same  opinion. 
So  were  several  members  of  the  Har- 
ris organization,  who  refused  to  be 
quoted. 

Another  factor  that's  to  be  consid- 
ered, although  in  a  different  light, 
is  the  improvement  repeal  may  mean 
in  the  various  real  estate  holdings  of 
the  circuits.  Both  Warners  and 
Loew's  own  several  choice  corner  lo- 
cations, many  of  which  are  now  idle, 
and  a  mad  scramble  for  good  store 
and  restaurant  locations  is  expected 
once  the  legal  flow  really  gets  under 
way. 

Showmen  here  also  feel  that  liquor 
itself  will  prove  a  potent  factor  in 
stimulating  business.  They  feel  the 
head  of  a  family,  when  he  gets  home 
at  night  for  dinner  and  is  able  to  take 
a  shot  or  two  of  his  own  stock,  will 
feel  more  like  going  out  and  will  more 
readily  suggest  to  his  family  that  they 
take  in  a  show. 

Pittsburgh  exhibitors  are  quite 
optimistic  about  repeal  and  think  it's 
going  to  be  of  considerable  help  from 
every  angle. 


A.  J.  Cohen  Quits  "U" 

Hollywood,  Dec.  5. — Albert  J. 
Cohen  has  resigned  as  scenario  chief 
of  Universal  to  enter  production 
work.  Leonard  Spiegelgass,  former 
story  editor  for  Fox,  succeeds  him. 


IT'S  A  GIFT!  on) 

you  a  XMAS  SPECIA 


SYMPHONY 


Set    your    Bookings    NOW   at    you 


Walt  Disney  could  give 
SO  MAGNIFICENT! 


And 


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DI5NEY  WORLD 
AFTER  ALL! 


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Don't  hove  a  one-contract  mind! 
Book  all  three  of  them 


THESE 
PICTURES  ARE 

iOX- OFFICE 


learest   UNITED   ARTISTS   EXCHANGE 


MOTION  PICTURE 

DAILY 


Wednesday,  December  6,   1933 


Ohio's  Key  Cities 
Show  Forward  Spurt 

(CtmitHHtd  from  page   1) 
and  large  crowds  thronging  the  stores. 

Dayton  retail  executives  say  busi- 
ness was  decidedly  better  both  in  vol- 
ume and  number  of  customers. 

Cincinnati's  leading  merchants  expe- 
rienced a  15  per  cent  jump  in  busi- 
ness. 

Toledo  retailers  had  the  best  shop- 
ping days  of  the  vear.  Pickup  was  re- 
flected 'in  a  $10,000,000  increase  in 
volume  in  November  as  compared  with 
November  of  last  year.  Bank  debits 
were  $3,000,000  greater  last  week  than 
in  the  same  week  of  1932. 

Cleveland  Retail  Merchants'  Board 
said  Friday's  crowds  were  one  of  the 
largest  in  the  city's  history,  which 
emphasized  general  shopping  tenden- 
cies. 

Columbus  and  Youngstown  report 
business  about  on  a  par  with  this  time 
last  year,  although  there  is  every  indi- 
cation of  an  early  pickup  which  is 
expected  to  steadily  gain  momentum. 


Kusell,  Lewis,  Regan, 
Morgan  Head  Drive 

George  J.  Schaefer  has  appointed 
Milt  Kusell,  Mike  Lewis,  Oscar  Mor- 
gan and  Charles  Regan  as  captains  in 
the  Paramount  Victory  Drive,  which 
begins  Jan.  1  and  ends  March  31. 
Kusell  is  in  charge  of  the  east ;  Lewis, 
the  west;  Morgan,  the  south;  Regan, 
central  states. 

J.  J.  Unger  and  Kusell  left  last 
night  for  Albany  and  Buffalo  for  con- 
ferences with  exchange  managers  and 
sales  personnel  in  connection  with  the 
drive.  Stanley  Waite  leaves  for  Bos- 
ton Friday  and  on  Saturday  will  meet 
Kusell  there  for  a  two-day  confab 
with  exchange  managers  of  Boston, 
New  Haven  and  Portland,  Me.  Unger 
returns  from  Buffalo  on  Saturday. 

Neil  Agnew  is  now  making  a  tour 
of  the  western  branches  and  Schaefer 
himself  plans  to  visit  exchanges  in 
the  near  future. 


Tango  Parlors  Grow, 
Despite  Stiff  Fight 

Los  A.N'CELEs.  Dec.  5. — Despite  ef- 
fort by  theatre  owners  and  other  places 
of  amusement  to  curb  the  licensing  of 
tango  parlors,  the  city,  in  the  first 
quarter  since  licensing  of  parlors 
started,  has  collected  $41,625.  accord- 
ing to  Robert  Dominguez,  city  clerk. 

Taxes  have  been  paid  on  1,110  tango 
chairs  at  $37.50  each,  per  quarter. 
Several  Venice  parlors  paid  tax  only 
on  one  chair,  since  they  will  not 
open  until  next  spring.  Eventually 
the  revenue  is  expected  to  reach 
$200,000  a  vear. 


Predicts  Big  Profits 
On  English  Venture 

Assurances  of  a  $500,000  profit  per 
picture  from  British  bookings  alone, 
together  with  cooperative  working  ar- 
rangements on  a  percentage  basis  are 
proving  attractive  in  England  to  such 
former  Hollywood  talent  as  Maurice 
Chevalier,  Douglas  Fairbanks,  Charles 
Laughton,  Alexander  Korda  and 
others,  Douglas  FairbanTis,  Jr..  re- 
ported yesterday.  Ernst  Lubitsch,  he 
said,  is  expected  to  join  this  London 
F'ilms  combination  in  the  near  future. 
He  neglected  to  .state  whether  the 
profits  cited  were  computed  on  the  old 
or  the  current  exchange  rates. 

Fairbanks  is  here  on  his  way  to 
Hollywood  to  make  "Success  Story" 
for  Radio,  and  on  its  completion  he 
will  return  to  London  to  make  "Zorro 
Rides  Again,"  in  which  he  will  be  co- 
starred  with  Fairbanks,  Sr. 

English  production  cannot  be  com- 
pared fairly  with  Hollywood  output, 
the  younger  Fairbanks  believes,  be- 
cause of  the  larger  scale  of  operation 
and  larger  budgets  at  Hollywood's 
disposal.  In  pictures  calling  for  an 
English  historical  background,  how- 
ever, the  British  producer  has  a  de- 
cided advantage  because  of  the  au- 
thenticity of  available  locations,  he 
said. 


Warners  Darken  One 
Pittsburgh  1st  Run 

Pittsburgh.  Dec.  5. — The  Davis, 
one  of  the  three  Warner  first-runs 
downtown,  will  close  this  weekfor  a 
fortnight,  reopening  on  Christmas 
Day.  The  usual  pre-holiday  depres- 
sion had  something  to  do  with  the 
decision,  but  it's  believed  that  a  short- 
age of  product  likewise  influenced  the 
action. 

After  being  on  a  full-time  policy 
for  more  than  two  months,  the  Etna, 
a  Warner  neighborhood  house,  has 
gone  back  to  its  old  policy  of  nights 
only  and  matinees  as  well  on  Satur- 
day. There  wasn't  enough  business 
in  the  Etna  sector  to  warrant  full- 
time  operation,  Warner  officials  de- 
clared. 


Charles  Rogers  Here 
In  Hunt  for  Stories 

Charles  Rogers'  two  weeks'  stay  in 
New  York  will  be  confined  to  a  search 
for  storv  material  for  Jack  Haley  and 
Dorothy  Wilson.  The  Paramount 
oroducer  is  taking  in  all  the  plays  and 
intends  to  devote  considerable  of  his 
time  looking  for  new  personalities. 

Having  completed  six  of  the  10  on 
the  current  program.  Rogers  states 
scripts  are  now  being  prepared  on 
"Green  Gold"  and  "It's  a  Pleasure  to 
Lose."  Next  vear's  schedule  will  be 
increased  tn  12.  


^||L|    Can  It  Ever 
Oll^    Be  Right? 

Can  It  Ever  Be  Forgiven? 


Without  Lights 

Asked  what  would  follow 
"Design  for  Living"  into  the 
Criterion,  a  Paramount  sales 
executive  yesterday  stated 
the  next  attraction  would  be 
"The  Locked  Door." 


Local  306  Nominates 
Its  New  Slate  Today 

(.Continued  from  page  1) 
office,  members  will  offer  a  "New 
Deal"  and  a  Fusion  ticket.  A  num- 
ber of  the  men  are  understood  to  be 
dissatisfied  with  the  current  admin- 
istration, including  the  president,  and 
are  anxious  to  make  a  shift  in  the  per- 
sonnel whose  term  expires  Dec.  31. 

Last  week  about  500  members  met 
with  Sam  Kaplan,  recently  deposed 
president,  and  are  understood  to  have 
asked  him  to  again  head  the  opera- 
tors' local  when  Sherman's  term  ex- 
pires  on   Dec.   31,    1934. 

Nominations  this  morning  will  in- 
clude nine  members  of  the  executive 
board,  three  on  the  board  of  trustees, 
treasurer,  financial  secretary,  two 
business  agents  and  vice-president. 

Local  306's  $1,000,000  suit  against 
the  I.  T.  O.  A.,  Allied  Operators 
Union  and  local  independent  exhibitors 
comes  up  for  hearing  Friday  in  the 
Supreme  Court. 


Dinner  to  Celebrate 
Roach's  20  Fr.  Mark 

Hollywood,  Dec.  5. — Old  Home 
Week  will  be  held  at  the  Hal  Roach 
studios  Thursday  when  the  short  sub- 
ject producer  celebrates  his  20th  anni- 
versary as  a  comedy  producer.  A  din- 
ner-dance will  be  held  with  all  the 
old-time  comedians  who  appeared  un- 
der the  Roach  aegis  present. 

Among  those  will  be  Will  Rogers, 
Harold  Lloyd,  Bebe  Daniels,  Lionel 
Barrymore,  Lupe  Velez,  Fay  Wray, 
Theda  Bara  and  Janet  Gaynor.  All 
stars  now  working  for  Roach  also  will 
be  on  hand.  Players  from  other  stu- 
dios will  attend. 

Lloyd  is  chairman  of  arrangements 
and  is  cooperating  with  Henry  Gins- 
berg on  the  program. 


Colman,  March  Set 
With  New  Pictures 

Hollywood,  Dec.  5. — Ronald  Col- 
man and  Fredric  March  are  set  with 
20th  Centurv  for  a  picture  apiece,  ac- 
cording to  the  companjr's  new  sched- 
ule. 

March  will  be  starred  in  an  adapta- 
tion of  Victor  Hugo's  "Les  Miser- 
ables,"  and  Colman  in  "Bulldog  Drum- 
mond  Strikes  Back."  Other  pictures 
being  readied  include  a  second  for 
George  Arliss,  "Sentenced,"  which 
will  follow  his  "The  House  of  Roths- 
child," and  a  second  with  Wallace 
Rccry,  titled  "The  Great  Barnum." 


"Scandals** 'Lux  Tie-Up 

A  national  advertising  tie-up  with 
Lux  Toilet  Soap  which  will  exploit 
"Roman  Scandals,"  the  new  Eddie 
Cantor  picture,  in  39  principal  cities 
has  been  arranged  bv  Lynn  Famol, 
Samuel  Goldwvn  representative  here. 
The  tie-up  involves  500  and  1,000-line 
newspaper  ads  to  run  concurrently 
with  first-run  bookings. 


New  Tax  Sources 
Tapped  in  Capital 

Washington,  Dec.  5. — Elimination 
of  the  divided  rates  of  the  normal  tax 
on  income  and  substitution  of  a  flat 
rate  of  four  per  cent,  to  be  accom- 
panied by  marked  increases  in  surtax 
rates,  heavy  taxes  on  personal  holding 
companies,  prohibition  against  a  part- 
ner deductinsr  partnership  losses  from 
his  individual  return  and  increased 
rates  on  consolidated  returns  are 
among  the  recommendations  for  tax 
changes  made  today  in  a  report  by  a 
House  ways  and  means  sub-committee. 

No  mention  is  made  in  the  report 
of  the  miscellaneous  taxes,  including 
that  on  admissions,  which  will  be  left 
for  consideration  of  the  full  commit- 
tee. The  committee  will  begin  public 
hearings  Dec.  11  on  liquor  tax  legis- 
lation, which  will  be  followed  by  con- 
sideration of  recommendations  on 
taxes  to  be  made  by  the  Treasury 
about  Dec.  15  and  then  by  a  study  of 
all  provisions  of  the  present  tax  law. 


Ace  Berry  Resigns; 
Plans  Own  Circuit 

(Continued  from  page  1) 
eral  manager  of  the  Circle  and  In- 
diana, the  Monarch  circuit's  two  lo- 
cal first  runs,  to  form  a  local  group 
which  plans  to  acquire  its  own  houses. 
He  will  be  succeeded  by  I.  M.  Hal- 
perin,  formerly  with  Publix  in  De- 
troit. 

The  Circle  and  the  Indiana  were 
leased  from  the  Lieber  family  last 
summer  by  Milton  H.  Feld  and  David 
J.  Chatkin,  who  head  Monarch  The- 
atres with  Harry  Katz.  All  of  them 
were  Publix  executives  under  Sam 
Katz. 


Nolan,  Exhibitor,  Is 
Now  Ottawa's  Mayor 

Ottawa,  Dec.  5. — P.  J.  Nolan,  fiery 
independent  exhibitor,  is  the  new 
mayor  of  Ottawa,  Canada's  capital 
city.  He  was  successful  over  three 
opponents,  including  Mayor  Allen, 
who  sought  a  fourth  term. 

Nolan  was  alderman  three  times, 
was  twice  defeated  for  a  place  on  the 
Board  of  Control  and  twice  for  mayor 
in  the  last  10  years.  Apparently, 
however,  Irish  persistence  won,  for 
he  rolled  up  a  plurality  over  all  others. 


BoyU 


■e  Now  a  Sheriff 

Pittsburgh,  Dec.  5. — It's  Sheriff 
Mike  Boyle  now  for  the  former  man- 
ager of  the  Warner-Majestic  in 
Johnstown.  Running  on  the  Demo- 
cratic ticket  in  Cambria  County,  in 
his  first  political  joust,  Boyle  won 
the  election  for  sheriff  from  the  Re- 
publican incumbent  by  a  total  of  400 
votes. 

The  new  sheriff,  incidentally,  is  a 
brother  of  Bishop  Boyle  of  the  Pitts- 
burgh Catholic  diocese. 


Through  Amalgamated 

ScRANTON,  Dec.  5. — Vaudeville  book- 
ings for  all  Comerford-Publix  and 
Comerford  affiliated  theatres  showing 
vaudeville  will  be  booked  by  Amal- 
gamated Vaudeville  Agency.  M.  E. 
Comerford  stated  today.  The  New 
York  office  of  Amalgamated  will  be 
in  charge  of  David  Cohen,  former 
Comerford  partner,  as  manager-booker 
with  Bud  Irwin  booking. 


Wednesday,  December  6,    1933 


MOTION  PICTURE 

DAILY 


MPPDAMove 
Fails  to  Stir 
NRA  Officials 


(Continued  from  page    1) 

posed  to  the  suspension  of  the  salary 
clause  and  resented  the  alleged  domi- 
nance of  the  industry  by  the  Adminis- 
tration. In  informed  circles  here  it 
was  said  that  while  there  is  some  .dis- 
like of  the  part  which  may  be  played 
by  the  code  administrator,  the  salary 
clause  is  of  little  concern  to  the  pro- 
ducers, who  are  more  likely  to  object 
to  the  suspension  of  the  raiding  pro- 
vision. 

Meeting  Planned  for  Friday 

Members  of  the  code  authority  have 
been  instructed  to  come  to  Washing- 
ton Friday  for  a  meeting  with  Gen- 
eral Hugh  S.  Johnson  at  which  the 
latter  is  expected  to  "lay  down  the 
law"  as  to  activities  under  the  code. 
No  official  announcement  has  been 
made  of  the  first  meeting  of  the  code 
authority,  which  was  expected  to  be 
called  for  the  end  of  the  week  in  New 
York. 

NRA  executives  appeared  greatly 
surprised  at  the  possibility  that  the 
industry,  which  has  been  denouncing 
the  Administration  for  delay,  now 
would  ask  for  a  postponement.  There 
also  was  a  display  of  consternation 
when  it  was  suggested  that  members 
of  the  industry  appointed  to  the  code 
authority,  who  apparently  had  ac- 
cepted, would  contemplate  such  a 
drastic  step  as  refusing  to  serve  un- 
less the  executive  order  were  modi- 
fied. 

It  was  held  by  recovery  offi.cials 
that  the  protests  of  the  industry  are 
premature,  the  code  not  yet  having 
gone  into  efifect,  and  it  was  pointed 
out  that  no  hardships,  therefore,  could 
yet  have  been  suffered.  In  this,  the 
film  industry  differs  from  other 
trades  which  have  protested  codes,  the 
latter  having  done  so  only  after  op- 
eration under  their  agreements  had 
disclosed  unforeseen  difficulties. 

Question  Not   Raised   Before 

It  was  suggested  that  protest 
against  any  burden  under  the  code 
now  would  be  inconsistent,  the  in- 
dustry, during  the  long  negotiations 
which  preceded  its  approval,  never 
having  brought  the  question  of  hard- 
ship up. 

Either  the  code,  or  the  executive 
order  of  approval,  can  be  changed, 
but  only  by  another  executive  order. 
On  the  other  hand,  if  feeling  unduly 
burdened,  the  industry  itself  may  pro- 
pose amendments  to  the  code  or  may 
bring  their  problems  to  Washington 
where,  if  they  are  found  to  be  suffi- 
ciently important,  the  administrator 
can  recommend  changes  to  the  Presi- 
dent. 

With  respect  to  the  investigations 
provided  for  under  the  executive 
order,  it  was  pointed  out  by  the  Ad- 
ministration there  is  little  likelihood 
that  the  President  will  recede  from 
his  position  that  the  salary  and  raid- 
ing^ provisions  should  be  suspended 
until  after  a  thorough  investigation 
was  made.  All  similar  matters  here- 
tofore made  the  subject  of  investiga- 
tion and  objected  to  by  industries 
have  been  carried  through  without 
change  at  the  President's  demand. 


Ohio  MPTO  Opens 
Annual  Convention 

Columbus,  Dec.  5.— The  Ohio  M. 
P.  T.  O.  opened  its  annual  convention 
here  today  at  the  Deshler-Wallich. 

At  a  banquet  this  evening  Adminis- 
trator Sol  A.  Rosenblatt  was  the  prin- 
cipal speaker.  He  explained  the  code. 
Other  speakers  were  Governor  White 
of  Ohio;  Carlton  S.  Dargusch,  Ohio 
tax  official;  Jack  Miller,  secretary, 
Chicago  M.  P.  Exhibitors'  Ass'n,  who 
discussed  labor  phases  of  the  code ; 
Robert  Robins,  secretary  American 
Society  for  Protection  of  the  M,  P. 
Theatre,  who  talked  on  the  patent 
situation  as  applying  to  sound  equip- 
rnent;  Dr.  Beverly  O.  Skinner,  state 
director  of  education  and  head  of  the 
Ohio  censor  board,  who  warned  pro- 
ducers to  deliver  cleaner  pictures  and 
Edward  Golden,  general  sales  mana- 
ger for  Monogram  Pictures.  Golden 
was  here  on  a  tour  of  the  Monogram 
exchanges. 

Plans  were  discussed  to  wage  a 
fight  for  repeal  of  the  existing  ten 
per  cent  admission  tax. 


Ad  Men  Cooperating 
With  Hays  Group 

Cooperation  from  all  publicity  and 
advertising  heads  in  connection  with 
the  new  morality  clause  in  the  signed 
code  is  being  received  by  the  Hays 
office,  J.  J.  McCarthy  stated  yester- 
day. The  special  advertising  commit- 
tee consists  of  Howard  Dietz,  chair- 
man; S.  Charles  Einfeld  and  John  C. 
Flinn,  president  of  the  A.  M.  P.  A. 
During  absence  of  Einfeld  and  Flinn, 
Stanley  Shuford  has  been  substitut- 
ing for  the  former  and  Robert  F. 
Sisk  for  the  latter. 

Future  meetings  of  the  committee 
are   indefinite. 


Code  Discussion  Put 
Off  by  Allied  of  N.  J. 

Members  of  Allied  of  New  Jersey, 
meeting  yesterday,  decided  to  put  off 
any  discussion  of  the  industry  code 
until  the  next  session,  the  adjourned 
annual  convention,  to  be  held  in  Tren- 
ton on  Dec.  19.  Abram  F.  Myers 
will  be  principal  speaker  at  the  meet- 
ing. Routine  business  was  gone  over 
at   yesterday's   weekly   gathering. 

A.  M.  P.  A,  All  Set 

Guests  at  the  A.  M.  P.  A.  week- 
ly luncheon  tomorrow  at  Sardi's  will 
include,  Robert  Hope  of  "Roberta" 
cast,  master  of  ceremonies ;  Meyer 
Davis,  Bert  Lahr,  Monte  Collins, 
Miriam  Batista;  Jean  Sargent,  Janet 
Reade,  Munro  Shaff,  Otto  Sog- 
low,  Frank  Snell  and  George  Stall- 
ings. 


Spyros  Skouras  on  Coast 

Los  Angeles,  Dec.  5. — Spyros 
Skouras  arrived  here  from  New  York 
yesterday  accompanied  by  Ralph  Harris 
of  the  Hughes,  Schurman  &  Dwight 
law  offices.  Both  will  remain  about 
10  days  conferring  with  Charles 
Skouras  on  reorganization  plans  for 
Fox  West  Coast. 


Wm.  Rapley  Dead 

Richmond,  Dec.  5.— William  Har- 
ryman  Rapley,  76,  one  of  the  deans  of 
American  theatre  owners,  is  dead  in 
Washington,  D.  C.  As  owner  of  the 
National  in  Washington,  he  had  been 
host  to  every  President  since  Grant. 


Son  Also  Rises 

Hollywood,  Dec.  5. — A  fea- 
tured player  in  Paramount's 
"Miss  Fane's  Baby  Is  Stolen" 
donned  pants  for  the  first 
time  in  his  life  after  com- 
pleting   the    picture. 

The  player  is  Baby  LeRoy 
who  graduated  from  three- 
cornered  underwear  to  his 
first  pair  of  shorts  this  week. 


Point  for  Petrillo 
In  Fight  on  Union 

(Continued  from  page    1) 

as  voting  for  the  presidency  got  under 
way. 

In  applying  for  the  injunction  Ri- 
rizzo  and  Belcaster  asked  for  an  ac- 
counting of  funds  and  receivership  on 
the  ground  that  Petrillo  allegedly 
used  $100,000  of  union  funds  as  ran- 
som for  his  release  from  kidnappers 
in  June  of  this  year.  Petrillo  asserted 
the  action  was  a  move  to  embarrass 
him  and  kill  his  chances  for  re-elec- 
tion. To  substantiate  his  statement  he 
offered  copies  of  newspaper  advertise- 
ments containing  an  audit  by  what  was 
said  to  be  an  impartial  firm,  account- 
ing for  all  funds. 

Petrillo's  court  victory  is  viewed  as 
assuring  his  re-election. 


Submit  to  0.  K.  on  Stills 

Hollywood,  Dec.  5. — Warners  and 
Radio  have  agreed  to  submit  stills 
for  censoring  to  the  Hays  office  here, 
falling  into  line  with  the  other  stu- 
dios. The  two  had  held  out  believing 
better  cooperation  could  be  secured 
at  the  home  office  in  New  York. 


More  Coin  for  Powell 

Hollywood,  Dec.  5. — Warners 
have  given  Dick  Powell  a  new  con- 
tract calling  for  more  pay. 


Plans  on  P.  P. 
Units  Meet  a 
Slight  Delay 


(^Continued  from   page    1) 

new  federal  bankruptcy  regulations  on 
reorganization  procedure  are  also  rec- 
ognized as  contributing  to  slower  de- 
velopment of  the  plan  during  the  im- 
mediate future. 

Indications  are  that  no  complete 
plan  of  reorganization  for  Paramount 
will  be  ready  for  submission  to  Ref- 
eree Henry  K.  Davis  for  court  ap- 
proval prior  to  late  February. 

Publix  Enterprises'  reorganization 
plan,  originally  scheduled  to  be  pre- 
sented to  Referee  Henry  K.  Davis 
for  approval  early  this  week,  also  has 
been  deferred  and  probably  will  not 
be  submitted  for  the  court's  approval 
for  another  10  days  or  two  weeks. 

The  reorganization  plan  has  been 
prepared  by  trustees  of  Paramount 
Publix,  parent  organization  and  the 
largest  creditor  of  the  bankrupt  the- 
atre subsidiary.  It  involves  purchase 
of  the  assets  of  Publix  Enterprises  by 
Famous  Theatres  Corp.,  a  newly  cre- 
ated, wholly  owned  subsidiary  of  Para- 
mount Publix,  which  will  issue  stock 
to  the  parent  company  in  exchange 
for  claims  against  Publix  Enterprises. 


Rent  Claim  Postponed 

A  hearing  on  a  future  rent  claim 
filed  against  Publix  Enterprises  by 
Sunrise  Realty  Corp.,  scheduled  for 
yesterday  before  Referee  Henry  K. 
Davis  was  postponed  to  Dec.  12. 


Aline  MacMahon  Star 

Hollywood,  Dec.  5. — Aline  Mac- 
Mahon jumps  into  the  star  class  at 
Warners  with  her  assignment  to  the 
lead  in  "Fur  Coats." 


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THE  STORY  OF  AN 
EXHIBITOR  WHO 
WROTE  HIS  OWN 
ADVERTISEMENT! 


"I  had 

'Prizefighter 
and  the 
Lady'  book-ed 
to  follow  its 
engagement  in 
a  neighboring 
city  .  .  . 

**I  drove  over 
there  and 
previewed 
the  picture  .  .  . 

"And  found  it  one 
oi  the  swellest 
entertainments 
of  the  season  .  .  . 


'So  I  gave  it 
plenty  of 
thought .  .  . 


"And  I  hit  on 
this  way  of 
advertising  it 


*I  got  excellent 
results  and  I 
suggest  that 
other  exhibitors 
try  it!" 


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The  Leading 

Daily    ,,, 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  ~      '--'X 
Faithful      j) 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  133 


NEW  YORK.  THURSDAY,  DECEMBER  7,  1933 


TEN  CENTS 


Regards  NRA 
As  Stimulant 
For  New  Year 

Re-Employment  Seen  as 
Aid  for  Theatres 

By  W.  RAY  JOHNSTON 
President,  Monogram 

I  don't  believe  the  NRA  and  code 
will  have  a  great  deal  of  effect  on 
the  production 
and  distribution 
of  pictures  except 
to  add  somewhat 
to  the  cost  due  to 
t  h  e  labor  pro- 
vision. On  a  big 
company's  prod- 
uct, this  will 
amount  to  noth- 
ing compared  to 
the  negative  cost, 
but  on  the  small- 
er company's 
product  it  will  be 
something  for 
them  to  think 
W.   Bay   Johnston        ^^^^^^      to      ^.^yer 

the  difference. 
The  big  thing  to  me  is  the  boost 
in  theatre  "takings"  due  to  th: 
eventual  good  that  the  NRA  does  in 
other  industries  in  putting  people 
back  to  work,  giving  them  some  in- 
come so  that  they  in  turn  will  be  in  a 
position  to  patronize  the  theatres 
again.  This  is  the  big  thing  of  NRA 
from  the  film  angle  and  will  result  in 
a  greater  market  and  increased  re- 
turns for   1934. 


Universal  Making 
Its  Own  Newsreel 

Universal  is  making  its  own  news- 
reel  following  its  recent  break  with 
the  Chicago  Daily  Nezvs  over  dis- 
satisfaction with  the  financial  arrange- 
ment, it  was  learned  yesterday.  The 
company  has  taken  over  the  camera 
crew  from  the  Chicago  paper  and  will 
concentrate  the  manufacture  of  the 
newsreel   in   New   York. 

Charles  Ford,  who  had  charge  of 
collecting  news  and  directing  the  cam- 
era force  while  the  reel  was  being 
turned  out  in  Chicago  by  the  News. 
has  been  hired  by  Universal  to  serve 
in  a  similar  capacity  in  New  York. 


Principal  Opens  4 
Branches  Overseas 

Four      new     branches     have     been 
opened  abroad  by.  Principal,  Sol  Less- 
er, president,  states  on  his  return  from 
a  six  weeks'  tour.    They  include  Lon- 
(Contimied  on  pane  2) 


Code  Law  at  12:01  A.M.; 
Leaders  to  See  President 


Tampa  Ruling 
Against  NIRA 
No  Precedent 


Washington,  Dec.  6. — The  decision 
of  Federal  District  Judge  Alexander 
Akerman  at  Tampa,  Fla.,  holding  the 
Recovery  Act  to  be  unconstitutional 
insofar  as  it  attempts  to  control  local 
industry,  is  not  viewed  by  recovery 
officials  here  as  having  any  standing 
with  respect  to  codes  generally,  it  be- 
ing the  belief  that  the  injunction  vain- 
ly sought  in  the  Tampa  court  was  de- 
nied because  it  was  not  asked  by  the 
federal  district  attorney. 

It  was  pointed  out  by  Donald  Rich- 

iContinued   on   pane  4) 


San  Diego  Viewing 
Repeal  Variously 

San  Diego,  Dec.  6. — Conflicting 
opinions  feature  discussion  here  among 
exhibitors  over  the  effect  of  legalized 
liquor  on  show  business.  S.  S. 
Blachy,   manager   of   the    Pacific    Na- 

(Continucd  on   page  2') 


Vital  Shifts 
In  Code  Mean 
Setback— Kent 


Albuquerque,  Dec.  6. — Changes  in 
the  industry  code  wrought  by  the 
executive  order  are  so  vital  that  it 
will  be  necessary  for  major  companies 
to  delay  final  action  on  it  until  boards 
of  directors  and  stockholders  of  in- 
dividual companies  have  had  the  final 
code  submitted  to  them  for  their  ap- 
proval or  rejection,  Sidney  R.  Kent, 
president  of  Fox,  stated  in  an  inter- 
view here  tonight  while  en  route  to 
Hollywood. 

Kent  revealed  that  boards  of  direc- 

(Continued  on  pane   4) 


Chase's  Paramount 
Claims  Protested 

Objections  to  claims  filed  against 
Paramount  Publix  by  Chase  National 
as  trustee  for  two  Paramount  Publix 
indentures  aggregating  $25,177,000, 
were   submitted   yesterday   to   Referee 

(Continued  on    pane  2) 


Say  Pressure  of  Circuits 
Killed  Twins  in  Chicago 

By  RED  KANN 

Chicago,  Dec.  6. — Exchangemen  aren't  "certain."  It's  only  an  "impression" 
in  the  minds  of  many  exhibitors. 

Yet  the  understanding  and  the  inside  yarn  circulating  among  those  who 
might  be  expected  to  know  are  that  double  features  were  voted  out  of  the 
rules  of  play  in  Chicago  at  the  insistence  of  major  circuits  that  distributors 

refund    to    them    50    per    cent    of    the 
Loop  rental  of  any  picture  which  sub 


The  Fourth 

This  is  the  concluding  half 
of  an  analysis  of  the  Chicago 
situation  and  fourth  in  the 
series  of  condition  stories 
written  from  the  field  by 
Red  Kann. 

Next  will  be  Indianapolis, 
like  other  key  cities,  a  haven 
of  too  many  theatre  seats. 


sequently  is  doubled  in  any  of  the 
Windy  City's  currently  operating  339 
theatres. 

If  such  an  arrangement  exists, 
probably  it  doesn't  even  appear  in 
master  agreements  between  circuits 
and  distributors.  Probably  it  has 
taken  shape  as  an  amendment  in  the 
form  of  a  subsequently  written  letter, 
attached  to  film  service  contracts 
when  such  contracts  repose  in  office 
files  but  not  necessarily  if  those  con- 
(Continued  on  page  8) 


Last-Minute  Attempt  of 

Producers  to  Win  Delay 

Meets  With  Failure 


Washington,  Thursday,  Dec.  7 
(By  Technical  News  Service) — The 
film  industry  joined  the  ranks  of  the 
recovery  army  at  12 :01  this  morning 
when  the  film  code,  signed  by  Presi- 
dent Roosevelt  at  Warm  Springs,  Ga., 
Nov.  27,  went  into  effect. 

A  last-minute  effort  of  producers 
to  secure  a  stay  of  execution  yester- 
day met  with  failure  when  President 
Roosevelt  indicated  his  disinclination 
to  postpone  the  effective  date  of  the 
code. 

Signed  by  some  25  or  30  producers, 
a  telegraphic  request  for  a  hearing 
was  received  at  the  White  House  yes- 
terday. White  House  attaches,  how- 
ever, said  that  the  message  gave  no 
indication  of  the  points  to  which  ob- 
jection was   taken. 

Complying  with  the  request,  the 
White  House  telegraphed  the  Hays 
organization  that  Will  Hays  and  a 
small  committee  of  three  or  four  could 
come  to  Washington  tomorrow  and 
would  be  heard  by  the  President  and 
General  Hugh  S-  Johnson.  This  ap- 
pears to  be  something  of  a  shift 
from  the  meeting  which,  it  was  said 
Tuesday,  would  be  held  at  General 
Johnson's  office  and  is  in  line  with  the 
President's  desire  to  give  sympathet- 
ic hearing  to  industrial  leaders  who 
have  problems  of  sufficient  importance 
to  warrant  his  consideration. 

In  view  of  the  hearing  tomorrow, 
plans  for  the  initial  meeting  of  the 
code  authority  are  being  held  in  abey- 
ance and  their  announcement  was  held 
(Continued  on  page  4) 


Industry  Agencies 
To  Solve  Disputes 

Washington,  Dec.  6. — Passing 
under  the  control  of  the  film  code, 
members  of  the  industry  late  tonight 
were  assured  by  Recovery  Adminis- 
tration officials  that  their  problems 
would  be  solved  entirely  "within  the 
family"  and  that  complaints  of  non- 
compliance and  labor  and  trade  prac- 
tice controversies  would  be  handled 
by  the  industry  and  the  deputy  ad- 
nn'nistrator  in  charge  of  the  code  and 
not  by   outsiders. 

For  the  time  being,  at  least,  all 
complaints  to  compliance  boards  will 
(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Thursday,   December  7,    1933 


MOTION  PICTURE 

DAILY 

^Kct:i>tcrea   L'.   S.   Patent   Office) 


\"ol.   M 


December  7,   1933 


No.   133 


Martin   (Juiolev 
l^.diWrin-Chief  and  {'uhlisli,i 

\I.\LRICE    KANX 

•    Editor 
'.<td\  lAMES  A.  CRON 

LUcrlisinij    Manaiicr 


m 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Uuigley  Publications.  Inc.. 
Martin  Quigley,  I'resident;  Colvin  Brown, 
Vice-President  and   Treasurer. 

Publication  Oflice;  179U  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Uuigpubco,  New  York."  All  con- 
tents copyrighted  1933  by  .Motion  Picture 
Daily,  Inc.  Address  all  correspondence  to 
the  New  York  Office.  Other  Uuiglcy  pub- 
lications: MOTIO.X  PlCTl  RE  HERALD, 
BETTER  THEATRES.  THE  MOTION 
PICTURE  AL.MA.NAC  and  THE  CHI- 
CAGO AN. 

Holly  wod  Bureau:  Pacific  States  Life 
Building,  Nine  and  Yucca  Streets,  t'ntor 
M.  Shapiro,  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Cliiford, 
manager;  London  Bureau;  lOJl  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelbof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberq.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Ficrrc 
Autre.  Representative;  Rome  Bureau:  \'iale 
Gorizia,  I'iltorio  Malpassiiti,  Representative; 
Sydney  Bureau:  lOJ  Sussex  Street,  Clili 
Hoi!.  Representative;  .\le.\ico  City  Bureau: 
Apartado  269.  James  l.ockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  C^.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Dec.  27  Is  Date  Set 
For  306  Elections 

Annual  election  of  Local  306  offi- 
cers, with  exception  of  President 
Harry  Sherman,  will  be  held  Dec. 
27.  With  several  candidates  nomi- 
nated for  each  office  yesterday,  the 
voting  bids  fair  to  be  a  spirited  con- 
test. .Sherman  yesterday  told  tnem- 
bers  to  express  themselves  freely  at 
the  election,  and  that  "everything 
would  be  above  board." 

Elections  will  cover  three  men  on 
the  sick  committee,  recording  secre- 
tary, sergeant-at-arms,  nine  members 
of  the  executive  board,  three  on  the 
board  of  trustees,  treasurer,  financial 
secretary,  two  business  agents  and  a 
vice-president. 


Texas  Allied  Sends 
Cole  Back  as  ''Prexy" 

l).\i.L.ss,  Dec.  0.  -li.  .\.  Cole  was 
re-elected  president  of  Allied  Theatre 
Owners  of  Texas  at  the  conclusion  of 
the  organization's  annual  convention 
at  which  much  discussion  centered 
around  the  code  and  electricity  rates. 

Rubin  Krels  of  Victoria  and  Mrs. 
Martha  Spadden  of  F-llectra  were 
elected  vice-presidents  and  .\.  W. 
Lilly  of  Greenville,  secretary-treas- 
urer. 


Chicago  Musicians 
Re-elect  Petrillo 

Chicaw,  Dec.  6.— JatTlt•^  Petrillo 
won  an  easy  victory  for  re-election  to 
the  presidency  of  the  Chicago  Federa- 
tion of  Musicians  yesterday.  Run- 
ning against  him  were  Angelo  Cavallo 
and   Nuncio  de  Pasqualc. 


Chase's  Paramount 
Claims  Protested 


(Continued  from   pane    1) 

Henry  K.  Davis  by  attorneys  for  the 
Paramount  trustees. 

Chase  representatives  consented  to  a 
reduction  of  the  claim  to  an  extent  to 
he  determined  by  the  amount  of  in- 
dividual claims  of  bondholders  which 
arc  allowed  to  stand.  Currently, 
these  aggregate  $23,030,000  of  proved 
claims.  There  are  unproved  claims 
outstanding  amounting  to  $705,000, 
and  individual  claims  outstanding  of 
$1,682,000. 

In  the  event  all  of  the  unproved 
claims  are  not  allowed,  the  Cliase 
claim  will  be  reduced  to  $1,682,000. 
.\llowance  of  the  maximum  number 
of  unproved  claims  would  increase  the 
Chase  Bank's  claim  to  $2,147,000, 
maximum,  according  to  counsel  for  the 
Paramount  trustees. 

The  trustees'  motion  seeking  an  or- 
der to  permit  this  revision  of  the  claim 
already  consented  to  by  the  bank,  was 
taken  under  advisement  by  Referee 
Davis. 


H,  A.  Ross  Reports 
Trade  Is  Improving 

Harry  A.  Ross,  head  of  the  Ross 
Federal  Service,  is  back  in  New  York 
from  a  12,000-mile  tour  of  the  United 
States  with  word  he  found  a  growing 
optimism   everywhere. 

"The  small  towns  especially  seem 
to  have  a  new  slant  on  things,"  Ross 
says,  "and  exhibitors  everywhere  gave 
me  the  same  answer  when  I  asked 
them  what  the  prospects  for  1934 
looked  like :  'This  next  year  ought  to 
be  a  great  one.  Our  business  is  going 
to  be  better  than  it  has  been  in  three 
years.'  Obviously,  such  a  keynote  de- 
notes a  better  morale." 

His  company's  records,  asserts 
Ross,  "show  a  50  per  cent  gain  in 
business  during  the  past  six  weeks 
alone." 


South  Better — Lightman 

M.  A.  Lightman.  southern  states 
exhibitor  and  former  president  of  the 
M.  P.  T.  O.  A.,  here  for  a  few  days 
to  look  over  new  product,  reports  the- 
atre business  in  his  territory. 
Tennessee  and  Arkansas,  "the  best  it 
has  been  in  years."  He  plans  to  re- 
turn  to   Memphis   tomorrow. 


Principal  Opens  4 
Branches  Overseas 

(Continued  from   page    1) 

don,  with  J.  A.  McGilley  in  charge; 
Paris,  with  Jack  Barnstyn  at  the 
head;  the  Hague,  with  L.  Barnstyn 
officiating ;  and  Berlin,  with  L. 
Hubsch  supervising.  The  Berlin 
branch  will  handle  sales  for  all  east- 
ern   Europe. 

While  in  Paris,  Lesser  closed  a 
deal  with  Gaumont  to  handle  80  ad- 
venture pictures  of  Principal.  He 
also  sold  "Thunder  Over  Mexico"  in 
20  European  countries,  purchased 
from  British  &  Dominion  American 
rights  to  "Bartered  Bride,"  and  also 
closed  for  "Radio  Parade."  Lesser 
plans  to  incorporate  six  American  air 
stars   in   the   picture. 

The  Principal  head  avers  business 
in  France  and  England  has  improved 
and  good  American  pictures  are  get- 
ting inoney.  He  also  states  there  is 
a  marked  tendency  in  both  countries 
to  use  more  home-made  product.  Duals 
in  France  and  England  are  flourish- 
ing in  both  large  and  small  theatres 
and  only  in  rare  cases  where  there 
is  an  unusual  picture  is  this  policy 
dropped  for  one  feature. 

Principal  will  make  four  features, 
the  first  to  start  when  Lesser  arrives 
on  the  coast.     He  leaves   Saturday. 

Insolvency  Action 
Off  to  January  3 

Hearing  of  insolvency  proceedings 
against  the  New  York  Investors.  Inc.. 
scheduled  yesterday  in  Federal  Court 
Brooklyn,  was  postponed  until  Jan.  3, 
1934,  by  consent  of  all  litigants  in- 
volved. At  the  same  time  Archibald 
Palmers,  attorney  for  a  minority  group 
of  creditors,  served  on  the  equity  re- 
ceivers of  the  corporation  a  notice  of 
his  intention  to  seek  an  order  to  show 
cause  why  a  committee  of  seven  should 
not  be  appointed  to  work  out  an  ad- 
iustment  of  the  afifairs  of  the  cor- 
poration. 


Poll  Deal  Hits  Snap 

Unable  to  get  together  with  his  at- 
torneys yesterday  on  a  deal  for  the 
Poli  theatres  in  New  England.  Louis 
M.  Sagal  will  again  confer  with  legal 
representatives  here  tomorrow.  Saeal 
is  now  operating  the  18  houses  and 
had  expected  to  transfer  the  circuit 
to  Poll-New  England  Corp.  yester- 
day. Several  details  remain  to  he 
ironed  out  before  the  switch  is  made. 


High 

Columbia    Pictures,   vtc 26 

Eastman    Kodak    83?4 

Eastman    Kodak,    pfd \?4 

Fox    Film    "A" 14 

r.oew's,    Inc 3OV2 

I.oew's   Inc.,    pfd 68 

Paramount    Publix     1^ 

Palhe    Exchange     1^ 

Pathe    ExchanKe    "A" 117^ 

RKO    > 2Vg 

Warner    Bros "i 


Trans  Lux  Up  Vi  on  Curb 


Hirh 

Technicolor     9'4 

Trans     Lux     ^^^ 


Hiirh 

General    Theatre    Equipment    6s    '40 3'/, 

Loew's  6s   '41,    ww    deb    rights 9C)'A 

Paramount   Broadway   S^js  '51 .TO 

Paramount    PuWix    5'/5s    '50 24 

Pathe  78  '37,  ww 81 

Warner  Bros.  6s  '39,  wd 40 


id  a 

Half 

Net 

Low 

Close 

Change 

Sales 

26 

26 

-  'A 

100 

82 

82 

-2V2 

1,600 

124 

124 

+i 

1,000 

14 

14 

-  'A 

200 

29^ 

30 

-  V» 

90O 

68 

68 

200 

m 

Wi 

1.700 

m 

m 

500 

U'A 

n'A 

800 

2 

2 

-  V4 

6.100 

sv. 

554 

-  V, 

1.700 

Curb 

Net 

Low 

Close 

Change 

Sales 

954 

9!4 

-  H 

200 

!'/« 

VA 

^  % 

100 

nds 

Up  One 

Net 

I^OW 

Close 

Change 

Sales 

w 

3'A 

2 

T)V, 

SO'A 

-1 

3 

30 

30 

-1-1 

5 

24 

24 

2 

8O/2 

81 

-f  V2 

4 

3954 

39'/ 

+  V2 

27 

San  Diego  Viewing 
Repeal  Variously 

(Continued  from  page    1) 

tional  Theatres,  thinks  liquor  spells 
the  doom  of  the  business,  while  two 
other  managers  believe  it  will  inean 
increased  trade.  Here  are  the  opin- 
ions: 

B.  V.  Sturdivant,  district  manager, 
Fox  West  Coast  Theatres : 

"It's  my  personal  opinion  that 
legalized  liquor  is  going  to  help 
out  the  show  business,  primarily 
because  it  will  bring  back  to  us  a 
lot  of  young  people  who  now  be- 
lieve it's  smart  to  sit  in  beer 
gardens.  There  will  be  so  much 
liquor  that  these  beer  gardens  will 
be  relegated  to  their  proper  places, 
and  these  youngsters  will  return 
to  the  theatres." 

Ted     Rockwell,     manager     of     the 
Spreckels : 

"I  can't  but  believe  that  legal- 
ized liquor  will  eventually  help 
the  box-office.  True,  at  first 
there  may  be  a  splurge  of  spend- 
ing for  the  liquors  but  later  the 
re-employment  and  increased  pur- 
chasing power  created  because  of 
liquor,  will  bring  up  our  grosses. 
In  the  end,  we  will  be  better  off, 
1  believe." 

S.    S.    Blachy,   district    manager    of 
the  Pacific  National  Theatres : 

"Don't  ever  fool  yourself  that 
legalized  liquor  is  going  to  help 
the  show  business,  for  I  know 
better.  I  well  remember  the  day 
that  prohibition  went  in,  and  the 
very  next  day  our  intake  doubled. 
There  was  a  very  noticeable  in- 
crease in  business  just  after  it  be- 
came illegal  to  buy  liquor.  There- 
fore, I  am  convinced  that  legal- 
ized liquor  means  the  death  knell 
of  the  business.  It's  not  so  easy 
to  say  this,  but  it's  true." 


'*U"  Production  at 
Its  Half -Way  Mark 

Chicago,  Dec.  6. — James  R.  Grain- 
ger, in  charge  of  distribution  for  Uni- 
versal, arrived  here  today  on  his  tour 
of  exchanges  with  word  that  half  of 
the  current  schedule  had  been  com- 
pleted. 

Grainger's  trip  will  wind  up  on 
the  coast  Dec.  18  or  19  with  confer- 
ences with  the  Laemmles  on  product. 


Hollywood,  Dec.  6. — Pictures  slated 
for  production  when  Universal  re- 
sumes after  the  first  of  the  year  in- 
clude : 

"I  Give  My  Love,"  an  original  by  Vicki 
Baum;  "The  Golden  Fleece,"  an  original  by 
L.  G.  Blochman  in  which  Paul  Lul«as  will 
star;  ".Sutter's  Gold,"  to  be  directed  by 
William  Wyler;  "Zest,"  Charles  G.  Nor- 
ris  novel  which  Lowell  Sherman  will  direct; 
"When  the  Time  Comes,"  an  original  by 
William  Anthony  McGuire,  which  he  will 
supervise;  "Imitation  of  Liie,"  Fannie 
Hurst  novel  to  be  directed  by  John  M. 
.Stahl;  "Glamour"  by  Edna  Ferber  to  be 
produced  hy  Bennie  Zeidman,  with  Gloria 
Stuart  starring;  "The  Love  Life  of  a 
Crooner,"  to  be  directed  by  Eddie  Burzell 
with  Russ  Columbo  and  June  Knight  fea- 
tured; "The  Countess  of  Monte  Cristo"  to 
be  directed  by  Kurt  Neumann;  "Hillbillies," 
co-starring  vehicle  for  Slim  Summerville 
and  Zasu  Pitts;  "Tlie  American  Scotland 
Yard,"  starring  vehicle  for  Edmund  Lowe, 
and    "Interlude"   by    Octavus    Roy    Cohen. 


''Double  Life"  for  Para. 

"His  Double  Life,"  first  Eddie 
Dowling-Arthur  Hopkins  production, 
which  is  being  released  by  Para- 
mount, has  been  dated  into  the  New 
York  Paramount  starting  Dec.  15. 


i 


WE'VE  GOT  A 
MILLION  OF  'EM 

A  typical  telegram: 

"'Dancing  Lady'  opened 
Buckley's  Palace  Theatre, 
Albany,  yesterday  breaking 
every  record." 


LEO  OF  M  G  M  STEPS 


OUT  WITH  HIS 
DANCING  LADY 


£i 


ff 


I 


It's  a  jolly  holiday  at  box-offices  from  Coast  to  Coast.  JOAN  CRAWFORD 
sings  love  songs  for  CLARK  GABLE.  Sights  to  see,  melodies  to  hear — 
and  the  lively  cast  includes  Franchot  Tone,  May  Robson,  Winnie  Lightner, 
Fred  Astaire,  Robert  Benchley,  Ted  Healy  and  his  Stooges.  Robert  Z, 
Leonard  directed!  WATCH  THE  EXTENDED  RUNS!  A  PLEASURE! 


MOTION  PICTURE 

DAILY 


Thursday,  December  7,    1933 


Industry  Code 
Declared  Law 
At  12:01  A.  M. 


ICcmdnufii   from   page    1) 

up    until    code    application    had    been 
put  into  effect. 

Observers  here  last  night  were  still 
witliout  dehnite  knowledge  of  tlie  pro- 
ducers' grounds  lor  last-minute  op- 
position to  the  code,  although  taking 
It  for  granted  they  are  to  be  found 
in  the  executive  order  of  Nov.  27. 
That  order  suspended  tlie  salary  and 
raiding  clauses,  and  the  producers 
liave  consistently  insisted  they  were 
not  interested  in  the  former,  and  the 
temporary  suspension  of  the  latter  is 
not  believed  to  be  suthciently  impor- 
tant  to   warrant   strong  protest. 

However,  it  is  pointed  out,  there 
are  three  paragraphs  in  tlie  execu- 
tive order  which  give  to  the  recov- 
ery administrator  complete  domina- 
tion of  the  industry  and  under  which, 
if  followed  to  their  ultimate  conclu- 
sion, the  code  authority  and  its  com- 
mittees and  boards  could  be  relegated 
to   the   position   of   rubber   stamps. 

These  paragraphs,  among  other 
things,  give  the  administrator  the 
right  to  review  and,  if  necessary,  dis- 
approve any  act  taken  by  the  code 
authority,  its  committees  or  boards ; 
to  sumrnarily  remove  members  of  the 
code  authority  for  failure  to  be  fair, 
impartial  and  just  and  to  name  their 
successors  and  to  increase  the  rep- 
resentation on  the  code  authority  of 
any  employer  class  which  is  found 
not  to  be  sufficiently  represented. 

Here,  it  is  believed,  is  the  focal 
point  of  the  producers'  opposition. 
The  effect  of  these  paragraphs,  it  is 
said,  could  well  be  to  strip  the  mem- 
bers of  the  code  authority  of  any  im- 
portance and  power  with  w'hich  they 
might  appear  to  be  vested  by  the 
code. 


intimation  until  the  code  was  re- 
leased. 

He  admitted  that  several  proposals 
for  modifications  of  the  executive  or- 
der had  been  discussed  at  the  meeting, 
but  declined  to  name  any  specific  ones, 
again  insisting  that  all  information  on 
tlie  subject  should  come  from  Hays. 
He  hinted,  however,  that  up  to  the 
time  he  left  the  meeting  there  had 
been  no  specific  objection  to  the  90- 
day  suspension  of  the  salary  and 
"raiding"  provisions  but  declared  that 
the  major  companies  wanted  to  de- 
termine the  Administration's  reasons 
for  taking  such   action. 

"We  were  told  so  many  things  at 
Washington  about  what  the  Adminis- 
tration planned  to  do  for  the  industry 
that  w-e  approved  the  early  code  ver- 
sion," he  said.  "Now  we  want  to 
find  out  what  is  in  the  Administra- 
tion's mind  with  regard  to  those  niodi- 
lications  about  which  we  are  in  the 
dark." 

He  said  major  companies  would 
probably  call  directors'  and  stock- 
holders' meetings  to  act  on  the  execu- 
tive order  before  any  further  action 
was  taken.  He  said  that  he,  hirnself, 
would  call  a  special  session  of  Fox 
directors  and  stockholders  immediate- 
ly upon  his  return  to  New  York. 

Kent  said  that  the  first  meeting  of 
the  code  authority  would  probably  be 
held  during  his  absence,  but  that,  as  he 
had  no  information  as  to  the  time  or 
place  of  the  meeting,  he  has  not  named 
his  alternate. 


Vital  Code  Shifts 
Mean  Setback:  Kent 

(Continued   from   paqe    1) 

tors  and  stockholders  of  major  com- 
panies had  voted  their  approval  of  the 
third  code  draft  on  the  assumption 
that  it  was  complete  and  final,  but 
that  now,  in  view  of  the  far-reaching 
changes  made  by  the  executive  or- 
der, it  was  considered  necessary  to 
obtain  approval  of  directors  and  stock- 
holders again  before  signing  the  al- 
tered code. 

Kent  declined  to  comment  on  de- 
tails of  the  M.  P.  P.  D.  A.  directors' 
meeting  in  New  York  on  Monday  at 
which  the  first  open  opposition  to  the 
provisions  of  the  executive  order  was 
voiced  by  major  company  heads.  He 
said  that  any  statement  on  the  meet- 
ing should  come  from  Will  H.  Hays, 
adding  that  it  "would  not  be  fair"  for 
him,  Kent,  to  divulge  details  as  he  had 
been  obliged  to  leave  the  meeting  be- 
fore its  close  in  order  to  board  a 
westbound  train,  and  consefjuently 
was  unaware  of  the  meeting's  final  ac- 
tion. 

He  stated,  however,  that  the  meet- 
ing had  been  called  to  consider  the 
companies'  positions  individually  in 
regard  to  their  directors  and  stock- 
holders because  of  the  vital  changes 
in  the  code  made  by  the  executive 
order,  of  which,  he  said,  the  com- 
panies   had    neither    information    nor 


determine  what  extent  of  overbuying 
constitutes  an  unfair  trade  practice. 
When  this  has  been  determined,  he 
said,  corrections  will  be  made  prompt- 
ly and  in  as  drastic  a  manner  as  is 
found  to   be  necessary. 

Rosenblatt  said  grievance  boards 
possibly  might  rotate  their  sessions 
by  sitting  at  different  exchange  cen- 
ters from  time  to  time.  He  noted 
that  members  of  the  boards  are  re- 
movable for  cause  at  any  time  and 
asked  exhibitors  to  report  any  in- 
stances of  bias  and  inefficiency  on  the 
part  of  the  boards  that  came  to  their 
attention. 

"Every  administration  branch,''  he 
said,  "is  honestly  endeavoring  to  im- 
prove industry  conditions  and  every 
effort  will  be  made  to  make  the  code 
operate  fairly  for  all.  This  industry 
has  a  great  future  and  an  opportu- 
nity to  work  good.  All  e.xhibitors 
are  expected  to  give  the  code  a  fair 
and  honest  trial." 


Blames  B.  0.  Slump 
On  Types  of  Pictures 

Albuquerque,  Dec.  6. — A  substan- 
tial slump  in  grosses  throughout  the 
country  since  the  last  of  October  has 
been  noted  and  is  attributed  directly 
to  the  "type  of  product  coming  out 
of  Hollywood,"  Sidney  R.  Kent  said 
tonight  during  a  stop-over  en  route 
to  Hollywood. 

He  described  his  current  trip  to  the 
Fox  studios  as  a  "routine"  one. 

Kent  reported  that  he  had  found 
film  business  conditions  in  England 
"fine,"  during  his  recent  European 
trip,  but  that  business  on  the  continent 
was  off.  He  was  accompanied  hy 
Jason  Joy,  story  adviser,  and  Walter 
J.  Hutchinson,  Fox  British  sales  man- 
ager. 


Rosenblatt  Mum  on 
Hays  Member  Plaint 

CoLLMBUS,  Dec.  6. — Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  refused 
to  comment  on  objections  to  the  ex- 
ecutive order  voiced  by  M.  P.  P. 
D.  A.  members  in  New  York  on  Mon- 
day, other  than  to  admit  that  he  had 
full  knowledge  of  the  happening,  when 
questioned  here  prior  to  his  departure 
for   Washington. 

Rosenblatt  was  here  to  address  the 
convention  of  the  M.  P.  T.  O.  of 
Ohio,  in  session  yesterday  and  to- 
day. 

"The  NRA  is  trying  to  deaf  industry 
a  New  Deal,"  he  told  the  convention. 
"The  code  is  a  sincere,  honest  and  con- 
structive, not  destructive,  effort  in  that 
direction.  It  gives  exhihitors  more  than 
they    have    had    heretofore. 

"While  the  code  will  not  bring  people 
into  the  theatres,  for  only  showmanship, 
gwd  pictures  anfl  the  opportunity  of  se- 
curing good  pictures  can  do  that,  the  code 
will  correct  a  marked  inequality  of  op- 
P",rtunipr  in  the  industry  that  has  existed. 

No  longer  will  exhibitors  dare  to  corner 
product   to   the   detriment   of  a   competitor." 

Operations  of  the  grievance  boards 
were  explained  in  detail  by  Rosen- 
blatt, who  pointed  out  that  one  of 
their  principal  functions  would  be  to 


Martin  G.  Smith  New 
Ohio  M.  P.  T.  0.  Head 

Columbus,  Dec.  6. — Martin  G. 
Smith  of  Toledo  was  elected  president 
of  the  M.  P.  T.  O.  of  Ohio  at  the 
close  of  the  organization's  annual  con- 
vention here  today.  A.  J.  Holt  of 
Cincinnati,  Edward  Hiehle  of  New- 
ark, Samuel  Lind  of  Zanesville,  and 
Henry  Bieberson  of  Delaware,  O., 
were  elected  vice-presidents ;  Max 
Stern  of  Columbus,  treasurer,  and 
John  Schwalm  of  Hamilton,  secre- 
tary. 

The  following  were  elected  trus- 
tees :  J.  Real  Neth,  Columbus ;  C.  F. 
Pfister^  Troy ;  Ike  Libson,  Cincinnati ; 
Nat  Holt,  Cleveland;  L.  F.  Eick, 
Martins  Ferry;  W.  A.  Finney,  Col- 
umbus, and  William  M.  James,  hon- 
orary trustee. 


Tampa  Ruling 
Against  NIRA 
No  Precedent 


Rosenblatt  Talking 
In  'Thilly"  Today 

Philadelphia,  Dec.  6.  -^  Sol  A. 
Rosenblatt,  who  already  has  addressed 
Southeastern  Wisconsin  and  Ohio  ex- 
hibitors on  the  code,  will  make  his 
fourth  address  here  Thursday  when 
the  M.  P.  T.  O.  of  Eastern  Penn- 
sylvania meets. 

Through  a  committee  of  five,  exhibi- 
tors have  been  filing  with  Lew  Pizor, 
M.  P.  T.  O.  president,  questions  which 
they    would    like    to    have    answered. 

Charles  L.  O'Reilly,  president  of 
the  T.  O.  C.  C,  will  attend  the  con- 
vention. 


(Continued  from   page    1) 

berg,  general  counsel  of  the  NRA, 
that  such  procedure  was  indicated  in 
the  Recovery  Act  and  Judge  Aker- 
man  probably  was  on  sound  legal 
ground  in  the  circumstances. 

"The  judge's  remarks  on  the  alleged 
unconstitutionality  of  the  Recovery 
Act,  itself,"  Richberg  added,  however, 
"obviously  do  not  carry  any  weight, 
since  they  were  expressive  of  the 
jurist's  personal  views  and  did  not 
constitute  a  ruling  on  a  point  of  law." 

While  the  Tampa  court  ruled 
against  the  code,  the  District  of  Co- 
lumbia Supreme  Court  recently  held 
that  the  giving  of  premiums  by  an 
oil  station  constituted  a  violation  of 
the  oil  code  despite  a  contention  that 
service  stations  are  not  engaged  in  in- 
terstate commerce.  It  is  the  opinion 
of  Administration  officials  that  the- 
atres are  in  the  same  category  as  fill- 
ing stations,  inasmuch  as  they,  also, 
are  part  of  an  interstate  movement  of 
a  commodity. 


Washington,  Dec.  6. — Returning 
to  his  desk  from  the  exhibitors'  meet- 
ing at  Columbus,  Deputy  Administra- 
tor Sol  A.  Rosenblatt  today  dug  into 
a  number  of  questions  awaiting  his 
attention  in  an  effort  to  catch  up  with 
his  work  before  leaving  tomorrow  for 
the  theatre  owners'  meeting  at  Phila- 
delphia. 


Industry  Agencies 
To  Solve  Disputes 

(Continued  from  page    1) 

be  forwarded  to  Washinjrton  for  set- 
tl^ement  by  Administration  officials. 
Eventually,  however,  under  the  plans 
of  the  Recovery  Administration,  com- 
pliance matters  will  be  taken  over  by 
the  code  authority. 

Trade  practice  provision  problems 
will  be  handled  strictly  by  the  indus- 
try through  the  grievance  boards,  and 
the  code  itself  cares  for  .skilled  labor. 


Selzer  Set  on  Coast 

Hollywood,  Dec.  6. — Ed  Selzer, 
for  some  time  assistant  on  publicity 
to  S.  Charles  Einfeld  in  New  York, 
will  take  over  publicity  reins  at  the 
Warner  studio  succeeding  George 
Thomas,  who  will  remain  as  a  mem- 
ber of   the  department. 


Sid  Rechetnick,  assistant  to  Ed  Sel- 
zer in  the  Warner  home-office  pub- 
licity department,  succeeds  him. 


Federal  Judge  Akerman's  ruling  in 
the  Tampa  court  late  last  week  in- 
volved the  denial  of  an  injunction 
which  sought  to  require  the  operator 
of  a  local  cleaning  and  dyeing  estab- 
lishment to  maintain  his  prices  at  the 
same  level  as  those  fixed  by  the  code 
for  his  territory.  The  action  was 
brought  by  local  competitors. 

The  injunction  was  denied  on  the 
grounds  that  the  action  had  not  been 
brought  by  the  federal  district  attor- 
ney as  prescribed  in  the  Recovery 
Act ;  that  no  cause  of  action  within 
the  jurisdiction  of  the  court  had  been 
stated  in  the  complaint,  and  that  Con- 
gress and  the  district  court  had  no 
right  to  interfere  with  local  business. 

Judge  Akerman's  observations  on 
the  unconstitutionality  of  the  Recov- 
ery Act  were  made  in  an  opinion  am- 
plifying on  his  reasons  for  denying 
the  injunction. 

This  part  of  the  opinion  appears  to 
support  the  views  of  Allied  States 
when  it  inclined  toward  refusing  to 
participate  in  early  industry  code 
drafting  discussions  last  June  on  the 
grounds  that  theatres  were  not  en- 
gaged in  interstate  commerce  and, 
therefore,  were  not  embraced  by  the  ) 
federal  Recovery  Act  or  NRA  codes. 


Hollywood,    Dec.    6. — S.     Charles    I 
Einfeld  starts  for  New  York  Sunday. 


Marxes  Close  Para.  Deal 

Hollywood,  Dec.  6. — The  Marx 
Brothers  with  Sam  Harris  have  closed 
a  deal  for  one  more  for   Paramount. 


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MOTION  PICTURE 

DAILY 


Thursday,  December  7,   1933 


No  Chicago  Accord  on  Doubles 


Some  Majors 
For  Them  as 
Aid  to  Gross 


(CoHtinued  from  pane  1) 

tracts  per    sc    were,    or    had    to    be, 
brought    into    public   gaze 

Major  circuits  in  Chicago  run  up  to 
four.  B.  &  K..  operating  36  theatres 
—all  open,  except  the  Paradise— 
with  an  approximate  seating  capacity 
of  77,000,  is  number  one,  by  far. 
There  is  the  Essaness  circuit  where 
the  Silvermans,  Kiddie  and  Earle,  hold 
forth  and  of  which  Emil  Stern  is  the 
president.  Like  the  alleged  agreement 
on  doubles,  there  is  nothing  to  estab- 
lish the  link  between  B.  &  K.  and 
Essaness,  but  every  film  man  in  Chi- 
cago who  knows  his  alphabet  takes  it 
for  granted  that : 

1. — B.  &  K.  owns,  controls  or 
dominates   Essaness. 

2.— B.  &  K.  has  an  operating 
agreement  with  Essaness,  so 
closely  tying  in  both  circuits  that 
the  former  takes  it  on  the  chin 
for  a  percentage  of  the  latter's 
weekly  operating  loss,  if  and 
when. 

Schoenstadt    Chain   Next 

Next  is  the  Schoenstadt  string.  Not 
linked  up,  even  by  rumor,  Chicago's 
third  principal  circuit  operation,  so 
far  as  has  been  discovered,  has  never 
been  accused  of  experiencing  any 
difficulties  with  the  company  at  which 
the  Balabans  are  calling  the  shots. 
The  Warners,  under  Jimmy  Coston. 
have  a  dozen  or  more  local  houses 
and  a  handful  scattered  throughout 
Indiana.  The  Orpheum,  generally  a 
second  run  in  the  Loop,  is  the  cir- 
cuit's downtown  representative.  That's 
the  quartette. 

While  B.  &  K.  with  its  formidable 
array  of  de  luxe  neighborhood  houses 
headed  by  such  theatres  as  Granada. 
Uptown  and  Norshore  on  the  North 
Side,  the  Tivoli  and  Southtown  on 
the  South  Side,  and  the  Marboro  on 
the  West  Side,  would  command 
obeisance  from  any  distributor  in  the 
city,  it  is  its  Loop  dominance  which 
makes  the  bows  before  the  throne 
even  deeper. 

The  Chicago,  Roosevelt.  United 
.Artists.  McVickers  and  Oriental,  be- 
cause they  total  five  and  because  their 
only  opposition  for  heavy  first  run 
grosses  is  made  un  of  .Aaron  Jones's 
State-I^ke  and  RKO's  Palace,  need  a 
lot  of  pictures  and  get  them.  As  a 
matter  of  fact,  they  get  all  except 
RKO. 

There  is  also  this:  What  plays 
downtown  subseoiiently  goes  iiito 
those  de  luxe  neighborhoods  and  later 
the  lesser  neighborhood  situations. 
What  plays  downtown  and  in  the  out- 
Iving  sections  also  finds  first  run 
downstate  via  Great  States  Theatres, 
with  which  B.  &  K.  are  anything  but 
i»nfriendly.  Through  the  unproved 
tic  with  Essaness.  B.  &  K.'s  word 
outside  the  T^oop  is  something  which 
distributors  here  would  hesitate  to 
ofTend. 


All  of  this,  then,  means  what? 
Merely  this:  That  if  Chicago's  domi- 
nant theatre  operation  were  to  insist 
that  duals  had  to  go,  the  reasonable 
conclusion  follows  that  they  would. 
This  is  what  is  reported  to  have  hap- 
pened. 

B.  &  K.  Dominant  Factor 
In  the  first  and  last  instance,  dis- 
tributors who  fail  to  strike  a  deal 
with  B.  &  K.,  directly  and  indirectly 
in  its  sphere  of  influence,  would  find 
the  nation's  second  largest  territory 
far  down  the  line  in  point  of  return. 
There  could  be  and  there  has  been  no 
inclination  to  go  sacrificial  where  the 
20,  25,  30  and  35  per  cent  attractions 
are  concerned  to  keep  the  $25  to  $100 
rentals  happy  and  untrammeled. 

Whether  or  not  the  policing  which 
naturally  would  follow  in  the  wake 
of  .  an  attitude  against  them  came 
about  as  the  result  of  insistence  on  the 
part  of  major  distributors,  sans  Uni- 
versal and  Columbia,  as  unmistakably 
expressed  at  the  Washington  code 
hearings,  that  duals  had  to  go  or 
whether  it  was  circuit  domination 
here  is  a  matter  of  opinion.  View- 
points vary. 

"How  about  the  refund  clause?" 
Barney  Balaban  was  asked. 

"It  was  discussed,  as  I  remember 
it,  but  I  don't  know  what  happened 
finally,"  was  his  reply. 

Said  John  Balaban :  "Frankly,  I 
don't  knovi'.  I  haven't  read  our  con- 
tracts." 

There  are  those  who  maintain 
major  distributors  determined  to  push 
the  fight  against  duals  in  the  coun- 
try's second  largest  city  through  the 
circuits.  There  are  those  who  argue 
the  circuits  themselves  told  the  dis- 
tributors what  had  to  be  and  that  the 
distributors,  constantly  on  the  job 
for  quotas,  and  because  Paramount 
owns  B.  &  K.,  anyway,  fell  into  line. 
A  parallel  factor  which  can  be 
nieced  into  the  puzzle  as  the  reader 
may  elect,  has  to  do  with  riders  in 
contracts.  "Is  it  true  that  every 
major  distributor  here  has  rubber- 
stamped  a  clause  barring  exhibition 
of  another  feature  on  the  same  bill 
with  his  own  product?"  was  the  ques- 
tion asked  far  and  wide. 

Turn  to  New  York  for  Answer 

Eyes  inevitably  turned  east  and  on 
Mew  York;  the  answer  proved  to  be 
evasive    when    it    failed    to    be    non- 


On  His  Toes 

Chicago,  Dec.  6.— The  Pres- 
ident has  one  staunch  sup- 
porter, at  least,  among  thea- 
tremen  here,  despite  the  edi- 
torial barrage  laid  down  daily 
bj  the  Chicago  Tribune. 

He  is  Moe  Wells,  who  oper- 
ates what  was  once  the  Prai- 
rie on  the  South  Side  but 
which  now  is  called  the  NRA. 
Seating  capacity,  750. 


committal.  Yet,  the  existence  of  such 
a  clause  is  accepted  as  fact  by  those 
who  ought  to  know  what's  going  on. 

Independent  exchangemeii,  dodging 
quotations  like  income  taxes,  pri- 
vately express  no  doubts.  They  main- 
tain that  not  only  is  the  refund  clause 
in  effect,  but  the  rider  clause  on 
duals  as  well.  Regardless  of  the 
chains  in  the  link,  Chicago,  with  few 
exceptions ,  is  on  a  single-feature 
policy  to  the  confusion  and  the  worri- 
ment  of  these  independents  and  the 
off-record  complaints  of  some  of  the 
national  distributors  themselves. 

Doubling  on  independent  product, 
however,  is  virtually  without  restric- 
tion. The  independents  find  relatively 
few  favors  coming  their  way  from 
circuits.  Therefore  no  refunding  can 
prevail  if  they  determine  to  sell  duals 
wherever  they  can.  Under  the  uni- 
form release  schedule  to  which  all 
local  theatres  subscribe  and  in  those 
zones  where  availability  of  product  is 
far,  far  beyond  Loop  and  neighbor- 
hood de  luxers  in  view  of  the  admis- 
sion price  factor  which  sets  up  such 
availability,  there  continues  to  be 
double  featuring.  Lidependents  insist 
it  has  been  so  drastically  curtailed 
they  cannot  get  by. 

Calls  It  Question  of   Price 

From  the  independent  exchange- 
men's  watch  tower  and  from  that  of 
the  theatremen  who  assert  duals  are 
their  right,  the  argument  for  con- 
tinuance of  twin  bills  is  identical  with 
the  one  advanced  in  Washington.  It 
runs  like  this : 

"It's  all  a  question  of  price  and 
show.  B.  &  K.  are  in  the  bargain 
business  as  much  as  we  are.  The 
Chicago  theatre  couples  stage  shows 
with  its  features,  doesn't  it?  That's  a 
bargain.     Subsequent  run  houses,   set 


All  in   the   Trading 

Chicago.  Dec.  6.— Here's  a  yarn  that  goes  back  to  the  days  when 
arbitration  hadn't  heard  of  the  Thacher  decree.  It  has  to  do  with 
Charles  Fideles,  operator  of  the  Fashion,  on  the  wrong  end  of 
State  St.,  Felix  Mendelssohn.  M-G-M  manager,  and  Jack  Miller. 

Fideles  was  in  a  row  with  M-G-M.  It  had  gone  on  and  on  when 
Miller  was  called  in  to  settle.  He  proposed  giving  the  Greek  exhib- 
itor SIX  pictures  for  nothing  and  Mendelssohn  had  agreed. 

"J''J,P've  you  four,"  said  Miller  to  Fideles,  however.     "Is  that 

"Sure,"  replied  Fideles. 

Informing  Mendelssohn  he  had  settled  for  five.  Miller  then  went 
back  to  the  exhibitor  and  told  he  had  wangled  another  one  away 

T«  ^;;^«'?^- .  '' ''J.<''es  thought  he  had  hung  one  on  the  exchange 
and  M-G-M  thought  it  had  done  the  same  to  the  exhibitor.  All 
hands  were  happy. 

It  was  fully  two  years  before  Mendelssohn  learned  exactly  what 
had  happened.  To  this  day,  the  story  will  be  new  to  practically 
the  entire  Wabash  Ave.  film  crew. 


Circuit  Hold 
Keeping  Duals 
To  a  Minimum 


far  down  the  ladder  by  availability, 
are  just  as  much  privileged  to  make 
their  shows  as  attractive  a  buy  as  the 
first  runs.  They  can't  run  vaude- 
ville, because  they  can't  afford  it. 
They  can  run  double  features,  think 
that's  the  answer  and  don't  see  why 
this  right — the  right  of  each  man  to 
conduct  his  own  business  as  he  sees 
best — should  be  denied  him." 

The  charge  is  advanced,  too,  that 
some,  perhaps  most,  distributors 
frown  on  elimination  of  double  bills 
on  the  ground  their  revenue  is  being 
seriously  hit.  With  singles  prevail- 
ing, the  number  of  pictures  which 
eventually  hits  the  city's  screen  ob- 
viously drops.  It  is  true  the  bigger 
pictures  are  getting  playing  time,  as 
are  numbers  of  the  not-so-good.  But 
big  pictures  come  along  too  infre- 
quently, too  spasmodically.  And  what 
about  the  vast  percentages  of  in- 
betweeners,  which  every  company 
makes  and  which  every  exchangeman 
and  every  exhibitor  knows  every  com- 
pany makes?  What  about  them? 
This  is  the  question  poised.  This  is 
the  question  difficult  to  answer. 

Major  attractions,  goes  this  argu- 
ment, play  percentage  anyway.  The 
public's  buying  power  is  still  low, 
even  if  it  is  slightly  better  than  at 
this  time  last  year.  The  ace  neigh- 
borhood houses,  at  prices  below  those 
prevalent  in  the  Loop,  continue  to 
keep  thousands  of  their  patrons  seek- 
ing entertainment  at  home  without 
troubling  to  go  downtown. 

Cut  in  Revenue  Result 

The  result?  In  fair  times — and  that 
doesn't  mean  World's  Fair  times — 
Loop  runs  usually  give  the  distributor 
less  than  he  expected  from  his  first 
run  dates.  A  shrinkage  in  revenue, 
in  other  words,  which  is  aided  by  fail- 
ure of  many  pictures  to  hold  up  and 
B.  &  K.'s  practice  of  pulling  them 
before  the  week  rounds  out. 

Another  angle  along  the  same  lines : 
Most  circuit  theatres  here  change 
pictures  three  times  weekly.  It  is 
estimated  there  are  about  10  houses 
which  operate  under  a  daily  change. 
Four  changes  weekly  in  other  houses 
are  pretty  much  the  rule.  Circuit 
iiouses,  therefore,  use  156  features; 
daily  change  houses,  vvhich  don't  mean 
much,  365 ;  the  average  houses,  208. 
The  majors  are  promising  these: 

Columbia   36 

Fox    48 

M-G-M    48 

Paramount   65 

RKO   52 

United  Artists  18 

Universal    36 

Warners    60 

Total    363 

Through  its  B.  &  K.  control,  Para- 
mount is  regarded  as  being  power- 
fully enough  entrenched  to  get  a 
break.     Warners,    through   their   own 

(Continued  on   patie  9) 


I 


Thursday,   December  7,    1933 


MOTION  PICTURE 

DAILY 


Say  Circuits 
Forced  Out 
Chicago  Duals 


(Continued    from    page    8) 

theatre  hook-up  plus  sustained  per- 
formance in  production,  seem  to  be 
in  good  shape.  M-G-M,  through  its 
star  equation,  reputation  and  ability 
as  a  producer,  is  in  a  similar  spot, 
investigation    indicates. 

The  other  companies,  of  course,  get 
some  play  in  the  Loop  on  contracts 
highly  selective — B.  &  K.'s  way — and 
so  follow  into  the  subsequents  but  not 
with  all  of  their  releases.  Maximum 
requirements  being  208  and  the  Para- 
mount-Warner-M-G-M  edge  compris- 
ing 173,  there  remains  a  play  of  35 
features.  What  happens  to  the  other 
155,  or  the  difference  between  the 
scheduled  363  and  the  usable  208,  be- 
comes something  to  muse  over. 

The  conclusion,  therefore,  appears 
to  be  that  national  distributors,  com- 
mitted to  a  single  feature  policy  either 
through  their  own  decision  or  decision 
of  the  circuits,  face  a  terrific  loss  be- 
cause there  are  not  enough  playdates 
around  to  keep  prints  working.  One 
exchange  here — a  national — is  under- 
stood to  have  figured  the  single  fea- 
ture move  has  cut  its  revenue  from 
$3,000  to  $5,000  a  week.  It  seems 
to  have  much  company,  although  on 
more  modest  terms. 

Cutting  Footage  to  Requirement 

Some  months  ago  when  duals  were 
ruled  out  by  decision,  Chicago's  film 
industry  went  through  a  period  of 
conniving  in  which  many  exhibitors  and 
exchangemen  alike  played  parts. 
Some  clauses  on  duals  stipulated  no 
other  feature  could  play  the  same  bill; 
others  defined  a  second  feature  on  the 
basis  of  4,000  feet  or  more.  The 
loophole  resulted  in  making  film  in- 
spectors editors  and  threatened  to 
supply  Hollywood  with  a  mild  deluge 
of  new  experts  in  the  business  of 
cutting  film.  One  and  two  reels  were 
dropped  out,  sometimes  carelessly, 
sometimes  carefully.  It  didn't  seem 
to  matter  much  so  long  as  the  result 
ended  under  the  restricted  4,000  feet 
of  celluloid.  Exchangemen  wanted 
revenue  and  many  exhibitors  wanted 
duals  and  there  rested  the  situation. 

This,  in  turn,  was  followed  by  a 
ruling  that  the  length  of  any  feature 
was  to  be  fixed  on  the  basis  of  studio 
calculation.  So  ingrained,  however, 
was  the  practice  that  even  this  didn't 
bring  peace.  Along  about  March,  ex- 
hibitors began  to  double  feature  on 
the  inside  of  their  theatres  while  they 
advertised  singles  on  the  outside.  This 
was  a  direct  violation  of  contracts ; 
some  exchanges  knew  it,  but  didn't 
care.  Money  was  coming  in ;  New 
York  was  inclined  to  shoot  out  less 
letters  and  the  quota  bugaboo  was 
proving  less  elusive  to  grab. 

While  code  formulation  was  at  its 
height  in  the  city  along  the  Potomac, 
duals  flared  up  again  in  this  city  along 
Lake  Michigan,  thereby  proving,  if 
nothing  else,  the  difficulty  anew  of 
eradicating  the  practice.  The  Chi- 
cago Exhibitors'  Ass'n  and  Allied,  as 
well,  forgot  competitive  exhibitor 
organization  sufficiently  to  shoot 
checkers  all  over  town  to  discover 
what  they  could.  They  discovered 
duals  and  plenty  of  them. 

The  latter-day  development  ties  in 


with  the  phantom  refund  clause  which, 
if  definitely  a  fact,  has  turned  out 
to  be  considerably  more  effective  than 
the  rubber-stamping  of  the  contracts. 
For  distributors  have  no  desire  to 
kick  back  to  B.  &  K.  $5,000  or  more 
as  half  of  any  Loop  rental  if  they 
can  help  it.  And  they  are  seeing  to 
it   that  they  can. 

The   Buying   Combine  Riddle 

Interesting  here  as  a  mysterious 
sidelight  on  the  ways  of  New  York 
is  the  situation  on  exhibitor  buying 
combines.  The  experience  of  Aaron 
:3aperstein,  now  operating  Midwest 
as  a  booking  combine  since  its  original 
function  as  a  buying  combine  has 
ceased,  is  declared  typical  of  the  other 
groups  operating  here,  including 
Jack  Rose's. 

baperstein  maintains  he  has  been 
given  a  complete  run-around. 

"Exchange  managers  here  have  ad- 
mitted that  I  have  not  been  unfair," 
he  states.  "Yet  they  will  not  sell  me 
film  because  they  maintain  New  York 
says  it  is  national  policy  not  to. 
Alter  one  of  the  code  meetings  in 
Washington  I  came  home  by  way  of 
New  York.  There  I  talked  to  the 
national  sales  managers  who  passed 
the  buck  back  to  Chicago  and  their 
local  men  by  declaring  the  decision 
was  theirs  to  make. 

"What  is  this,  anyway?  A  few 
hours  away,  in  Detroit,  all  of  the 
nationals  sell  Mid-States,  except 
M-G-M.  Exhibitors  there  are  fight- 
ing Mid- States  and,  regardless  of  who 
is  right,  you've  got  to  admit  there  is 
a  yell  over  buying  combines.  Here  in 
Chicago,  they  tell  me  I  am  fair;  they 
admit  there  is  no  trouble,  but  they 
won't  sell  me  film. 

"Mike  Comerford  in  the  east  buys 
for  some  theatres  he  doesn't  own. 
What's  the  rnatter  with  us?" 

Distributors  stick  to  their  attitude, 
which  is  that  they  prefer  to  sell  the 
exhibitor  individually.  Saperstein 
counters  it  by  saying  if  it  is  national 
policy  to  cut  out  buying  combines, 
that's  O.K.  with  him.  He  does  charge, 
however,  that  he  is  being  discrimin- 
ated against  and  maintains  he  has  not 
given  up  his  idea  of 'a  Federal  suit. 
Now  that  the  code  is  signed,  he  de- 
clares he  IS  waiting  on  the  griev- 
ance boards  because  "Sol  Roseiiblatt 
told  me  this  is  a  matter  for  the  boards 
to  handle." 

Another  Riddle 

Reported  to  have  been  subscribed  to 
by  several  exchanges  but  not  by  all, 
to  date,  is  a  letter  in  circulation  on 
Essaness  stationery  and  signed  by  its 
president,  Emil  Stern.  The  com- 
munication has  a  two-way  intent. 
One,  is  to  persuade  the  distributor 
whose  product  Essaness  has  bought 
to  agree  not  to  sell  the  line-up  to  any 
Chicago  theatre  dipping  under  a  15 
cent  admission.  Two,  is  to  make  it 
mandatory  upon  the  distributor  not 
to  sell  the  product  for  double  fea- 
turing. 

Why  such  terms  were  not  included 
in  the  contract  drawn  for  film  service 
between  the  circuit  and  at  least  one 
exchange,  why  these  terms  are  being 
advanced  in  the  form  of  a  letter  which 
is  not  part  of  the  contract  and 
whether  or  not  B.  &  K.  is  not  the 
prime  mover  far  in  the  background, 
are  questions  that  intrigue  even  if 
they    find   no   answers. 

In  the  Loop  and  representative  of 
a  new  situation  is  the  growth  of  low- 
priced  houses.  The  Randolph,  Astor 
and  LaSalle,  playing  whatever  run 
they  can  get  under  the  uniform  weekly 
releasing  plan,  charge  15  cents.  The 
Majestic,    which     S.    J.     Gregory    is 


Roxy  vs.  Roxy 

RKO  must  take  down  the 
Roxy  sign  on  its  Sixth  Ave. 
theatre  in  Radio  City  by  Jan. 
15,  according  to  a  ruling  by 
Federal  Judge  Francis  G.  Caf- 
fey.  The  7th  Ave.  Roxy  re- 
cently obtained  an  injunction 
against  RKO  for  using  that 
name. 

The  Roxy  will  become  the 
RKO  Center. 


operating,  and  the  Monroe  and  Clark, 
the  latter  operated  by  the  scion  of  the 
Trinz,  who  was  a  partner  of  Lubliner 
and  Trinz,  charge  and  are  getting  15 
cents  to  6:30  and  25  cents  thereafter. 
These  houses,  as  well  as  the  State- 
Lake,  are  causing  B.  &  K.  some  an- 
noyance. Formerly  one  of  its  two 
houses  here,  RKO  walked  away  from 
the  State-Lake  which  is  now  being 
operated  as  direct  opposition  to  the 
B.  &  K.  Chicago  at  a  40-cent  top  by 
Jones,  Linick  and  Schaefer  and,  more 
particularly,  Aaron  Jones.  Just  as 
the  Chicago  runs  pictures  and  stage 
shows,  so  does  the  State-Lake. 

Blue   Eagle  Sans   Talons 

No  appreciable  .difference  in  condi- 
tions has  come  to  light  under  the  Blue 
Eagle,  responsible  film  men  maintain. 
The  Chicago  Tribune,  day  by  day,  is 
reminding  the  localities  that  the  NRA 
is  a  lot  of  hooey.  That  may  be 
responsible  for  the  opinion  this  phase 
of  the  Roosevelt  "New  Deal"  has 
meant  little  or  nothing.  At  the  same 
time,  .theatre  operation,  in  many  in- 
stances, has  stepped  up  in  cost. 

Yet,  with  salary  increases  under  the 
NRA,  Barney  Balaban  asserts  opera- 
tion of  the  circuit's  de  luxers  has 
dropped  $35,000  per  week.  It's  signi- 
ficant in  that  it  demonstrates  how 
closely  the  "nut"  constantly  con- 
fronted in  big  operations  is  being 
trimmed  here  and  elsewhere. 

Chicago,  when  viewed  on  a  broad 
canvass,  is  not  doing  so  badly.  There 
are  difficulties  and  much  ground  to 
be  doubled  back  on  before  the  red 
ink  of  several  years  is  wiped  out,  if 
it  ever  is. 

Much  is  expected  from  the  Federal 
public  works  program,  of  which 
Illinois's  allotment  is  $400,000,000. 
By  Dec.  15,  the  program  calls  for  the 
re-employment  of  187,000  men,  here 
and  throughout  the  state  at  the  rate 
of  5,000  per  day  at  a  set  minimum 
of  $15  per  week.  Already  the  41 
stations  of  the  Civil  Works  Admin- 
istration in  Chicago  have  arranged 
for  thousands  of  jobs,  perhaps  as 
many  as  50,000.  The  program  pro- 
vides for  14  projects  alone  in  Chicago 
and  Cook  County,  which  is  Chicago 
despite  geographical  boundaries.  It  is 
computed  that  99,260  jobs  of  the  esti- 
mated 187,000  will  go  to  men  in  the 
immediate  Chicago  territory.  That 
should  mean  much  for  the  theatres. 

Relief    Burden    Easing 

A  year  ago,  almost  to  the  day,  the 
Illinois  Emergency  Relief  Commis- 
sion listed  152,000  families  on  its  roll 
call.  Today,  that  total  has  dropped 
to  122,000  and,  as  rapidly  as  the  pub- 
lic works  program  gets  going,  the 
number  is  decreasing.  In  the  last  12 
months,  official  estimates  of  the  un- 
employed report  a  drop  from  800,000 
to  between  500,000  and  600,000. 

Indicative  of  how  the  swing  is  curv- 
ing upward,  albeit  slowly,  is  the  state- 
ment of  the  Seventh  Federal  Reserve 
District,    which    shows    October    em- 


ployment was  27  per  cent  ahead  of 
last  October  and  payrolls  31  per  cent 
fatter.  This  survey  was  made  by  the 
Federal  Reserve  Bank  of  Chicago  and, 
while  October  figures,  it  is  true,  are 
2.50  per  cent  off  on  employment  and 
two  per  cent  off  on  payrolls  as  com- 
pared with  September  of  this  year, 
it  is  also  true  that  employment  and 
payrolls  showed  a  30  per  cent  increase 
from  May  to   September. 

In  Chicago  proper,  the  city  treasury 
caught  up  with  itself  last  week  long 
enough  to  pay  school  teachers  for 
salaries  due  in  March.  It  was  in 
scrip.  It  was  something  and  it  was 
more  than  they  got  last  year  at  this 
time,  despite  the  record  which  reveals 
teachers'  salaries  are  $16,000,000  in 
arrears  so  far  in  1933. 

Other  guardians  of  the  Windy 
City's  safety  are  doing  all  right,  too. 
They  were  paid  up  to  the  first  half 
of  August  a  few  days  ago.  If  the 
policemen,  firemen  and  others  ever 
get  the  $10,000,000  due  them,  maybe 
Chicago  won't  need  a  return  date  on 
the   World's   Fair   next   summer. 

All  of  which  makes  it  sense  to  say 
that,  although  Chicago  could  be  bet- 
ter off,  it  also  could  be,  and  has  been, 
worse   off.     They   know   that    here. 

(CopyriciM,   1933,   Quigley  Publications) 


Grand  Central  First 
Down  in  Price  Tilt 

St.  Louis,  Dec.  6. — The  Grand 
Central,  St.  Louis'  first  de  luxe  house, 
is  scheduled  to  go  dark  Dec.  9  as  the 
first  casualty  of  the  local  price  war. 
In  recent  weeks  it  has  been  operated 
by  the  Central  Theatres  Co.,  a  new 
concern  of  which  CuUen  Espy  and 
George  Tyson  are  local  representa- 
tives, although  it  is  understood  here 
Spyros  and  Charles  Skouras  are  the 
real  factors  behind  the  company, 
which  also  operates  the  Ambassador 
and  Missouri  under  leases  obtained 
from   federal   receivers. 


Sale  of  Loew  Stock 
Up  in  Court  Today 

A  hearing  on  the  petition  of  trus- 
tees of  Film  Securities  Corp.  for 
authorization  of  the  sale  on  Dec.  12 
of  660,900  shares  of  Loew's,  Inc., 
stock  is  scheduled  for  today  before 
Judge  John  Knox  in  U.  S.  District 
Court    here. 

The  stock  was  deposited  by  Film 
Securities  Corp.  as  collateral  for 
$20,000,000  of  two-year,  six  per  cent 
notes,  which  were  defaulted  on  April 
30,  last.  Holders  of  the  notes  have 
begun  foreclosure  proceedings  involv- 
ing sale  of  the  block  of  Loew's  stock 
at  public  auction  in  order  to  realize 
on   the  collateral. 


Loew  Declares  Dividend 

Directors  of  Loew's,  Inc.,  yester- 
day declared  a  25  cent  quarterly  divi- 
dend on  36,576,580  shares  of  com- 
mon outstanding  stock.  The  dividend 
is  payable  Dec.  30  to  stockholders  as 
of  Dec.   16. 


Ahramson  Trial  Delayed 

Trial  of  Ivan  Abramson's  $1,300,- 
000  anti-trust  suit  against  the  M.  P. 
P.  D.  A.  and  individual  major  com- 
[lany  distributors,  originally  sched- 
uled to  open  today,  is  not  expected 
now  to  get  under  way  before  tomor- 
row or  Monday,  according  to  Hays. 


RKO  Books  Newslaughs 

The  Newslaughs  series  of  shorts 
has  been  booked  by  RKO  for  its  en- 
tire  circuit. 


UNIVERSAI 

first  again  viifh  the 

big  new  idea  ir 
pictures  ~ 


with 


JUNE  KNIGH1 


in  a  swift- moving  romance-ad 
venture-mystery  drama  whos« 
plot  involves  every  passenger  oi 
a  transcontinental  bus  trip  •  • 
Speed  and  snap  in  every  scene 
with  scenes  changing  as  rapidii 
as  the  bus  flashes  from  city  t( 
city  •  •  •  and  a  smash  climax  the 
will  hold  your  crowds  spellbound 


With  ALICE  WHITE,  Alan  Dinehart, 
Eugene  Palette,  Henry  Armetta.  Story 
by  Stanley  Rauh.  Produced  by  Carl 
Laemmie,  Jr.  Directed  by  Edward 
Buzzell.  Presented  by  Carl  Laemmie. 


ERNEST  TRUEX  GOES  'NUDIST'; 

'CAN'T  TAKE  IT'  IN  "MR.  ADAM' 

Getting  Down  to  Bare  Facts,  Famous  Comedian's  Kidding  of 

"Strip"  Cult  is  One  of  the  Most  Hilarious  Comedies 

of  This  or  Any  Other  Season. 

ducational  presents  something  new -de 

in  the  way  of  short  subject  entertainment 

in  "Mr.  Adam,"  with  Ernest  Truex  in 

r  the  role  of  a  big  clothing  manufacturer 

who  is  compelled  by  his  wife  and  his 

doctor  to  join  the  cult  of  the  great  unclothed,  for 

his  health.  And  modest  Mr.  Adam  can't  take  it! 


"The  cops  are  coming,  we're  saved' 


Distributed  in  U.S.A.  by 

FOX     FILM 
CORPORATION 


PHIL  M.  ^^^n  TAKES  IT  BIG! 


Read  this  rave  from  the  Film  Daily  over  the  first  of  Educatioual's 
Star  Comedy  Specials,  and  then  strip  for  action  in  exploiting  this 
laugh  hit  for  big  additional  business: 

"...  prize  entry . .  .  Ernest  Truex  in  'Mr.  Adam' . . . 
something  that  Al  Christie  as  producer  can  stack  against 
any  of 'em  ...  a  honey  for  haw-haws,  beautiful  gals  and 
topical  theme  with  a  classy  snap  ...  a  banzai  and  a 
round  of  yodels  to  William  Watson  and  Art  Jarrett 
for  the  best  kidding  on  Nudism  to  date ...  art  cinema- 
tography by  Bill  Steiner . . .  a  beautifully  paced  example 
of  directorial  skill  by  Al  Christie...  now  if  this  sounds 
like  aRave . . .  that's  exactly  what  we  aimed  to  convey. . ." 


■'£■1  I 

THt  SPICE  OF  THE  PROCR 


Playing  the  original  ROXY,  N.  Y. 
beginning  Dec.  8 


Do  you  sell  your  short  subject  enter- 
tainment or  give  it  away?  SELL  this 
one  for  added  dollars  with  this  hum- 
orous one-sheet  poster  in  colors,  and 
with  lobby  cards,  photographs  and 
newspaper  ads. 


0^1 


"THE  GOOD  BAD  MAN,"  a  rollicking  comedy  of  old  Mexico's  bandits,  with  Tom  Patricola 
and  Charles  Judels.  A  Coronet  Comedy,  produced  by  Jack  White. 


"POPPIN'  THECORK,"  a  Musical  Comedy  with  Milton  Berle,  jusr  at  the  right  moment  for  its 

lork"  and  "Here's  Lookin'  At  You"  Produced  by  Jack  White. 


new  hit  songs,  "Poppin'  the  Cork' 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 

anaH 


iaithfli    1 

iirvia/ 


the  In 
In  All 
Branches 


try 


VOL.  34.   NO.  134 


NEW  YORK,  FRIDAY,  DECEMBER  8,  1933 


TEN  CENTS 


Better  Film 
Only  Answer, 
Cohen  Avers 


*Just  Fair^*  Pictures  Out, 
He  Declares 


By  EMANUEL  COHEN 

Vice-President  in  Charge 

Paramount  Production 

Hollywood,  Dec.  7. — Better  pictures 
is  the  only  answer  to  the  problems 
of  the  industry 
for  the  coming 
year.  Quality 
must  be  im- 
proved. T  he 
"just  fair"  pic- 
ture will  no 
longer  interest 
the  public. 

Out  of  the 
ordinary  stories 
must  be  made. 
They  must  have 
real  picture  val- 
ue, pronounced 
entertainment 
value,  and  they  must  also  have  out- 
standing exploitation  possibilities.  The 
people  must  be  brought  into  the  the- 
CContinued  on  page  12) 


New  Theatre  Deals 
Brew  at  Paramount 

Further  straightening  out  of  its 
partnership  situations  are  under  way 
at  Paramount  with  E.  V.  Richards 
of  Saenger  Theatres  and  Robert  Wil- 
by  and  H.  F.  Kincey  of  Valatenga 
Theatres.  The  Southern  exhibitors 
are  now  in  New  York. 

.It  is  expected  the  Saenger  angle 
will  be  rounded  out  shortly  and 
details  involving  Paramount  theatres 
in  Chattanooga,  Knoxville  and  Char- 
lotte, among  other  cities,  worked  out 
with  Wilby  and  Kincey. 

lATSE,  Cameramen 
Breach  Is  Widened 

Hollywood,  Dec.  7.— The  split  be- 
tween the  cameramen's  union  and  the 
I.  A.  T.  S.  E.  has  widened  with  the 
American  Society  of  Cinematograph- 
ers  making  application  for  membership 
in  the  American  Federation  of  Labor. 

The  move,  it  is  understood,  will 
meet  with  opposition  from  all  I.  A. 
T.  S.  E.  unions  because,  if  the  camera- 
men should  withdraw  from  its  juris- 
diction, the  international  body  would 
lose  one  of  its  strongest  grips  on  the 
production  end  of  the  industry. 


Leaders  Discuss  Code 
At  White  House  Today 


Deputy  Hits   Criticism 
Before  Code  Gets  Trial 

Philadelphia,  Dec.  7. — Deputy  Administrator  Sol  A.  Rosenblatt's 
declaration  here  today  that  "no  one  is  entitled  to  criticize  the  code 
until  it  has  been  tested  in  actual  operation,"  led  immediately  to  wide 
speculation  as  to  whether  or  not  he  was  voicing  the  Administration's 
attitude  toward  M.P.P.D.A.  directors'  objections  to  the  Executive  Order. 

Coming  as  it  did  on  the  eve  of  the 


meeting  of  the  Hays  organization's 
committee  with  President  Roosevelt  at 
the  White  House  Friday,  the  deputy's 
statement  was  translated  by  many 
here  into  a  forecast  of  the  answer 
which  awaits  the  group  chosen  to 
voice  the  M.P.P.D.A.  members'  ob- 
jections to  the  Executive  Order. 

Rosenblatt's  remark  was  made  in 
the  course  of  a  two-hour  occupancy  of 
the  speaker's  stand  at  a  meeting  of  350 
exhibitors  representing  800  theatres 
in  the  Philadelphia  territory,  and  was 
prefaced  by  a  preamble  citing  an 
article  which  appeared  in  Motion 
Picture  Daily  on  Wednesday,  which 
stated  in  effect  that  "the  self-control 
of  industry  had  been  jeopardized  by 
order  of   the  President." 

Calling  on  critics  of  the  code  to 
withhold  judgment  until  it  had  had  "a 
chance  to  start,"  Rosenblatt  said: 

"Wait  until  we  see  what  self-regu- 
lation can  do.  The  test  of  the  code 
will  be  in  its  actual  operation.  If 
(Continued  on  page  4) 


Walker  Organizing 
NRA  Super  Council 

Washington,  Dec.  7. — Frank  C. 
Walker  today  was  busy  organizing  a 
staff  to  work  under  him  as  temporary 
head  of  the  National  Emergency  Com- 
mittee, which  will  coordinate,  consoli- 
date and  make  more  efficient  and  pro- 
ductive the  recovery  activities  of  the 
government.  A  central  information 
(Continued  on  page  8) 


Loew's  Stock  Sale 
Hearing  Postponed 

A  hearing  on  the  proposed  sale  of 

660,900    shares    of    Loew's    Inc.,    by 

trustees    of     Film    Securities     Corp., 

scheduled    for    yesterday,    was    post- 

(Continued  on  page  8) 


May  Challenge 

Board  Selection 

Philadelphia,  Dec.  7.— "Have 
exhibitors  the  right  to  chal- 
lenge the  selection  of  any 
member  of  a  local  grievance 
board?"  Deputy  Administra- 
tor Sol  A.  Rosenblatt  was 
asked  here  today,  as  the  first 
question  of  local  interest  con- 
cerning the  code. 

"You  bet  your  boots  they 
have,"  was  the  deputy's  re- 
ply. 

Exhibitors  may  also  pro- 
pose names  for  local  griev- 
ance board  membership,  he 
said,  and  added  that  every  ef- 
fort would  be  made  to  estab- 
lish the  acceptability  of  every 
member  of  such  boards. 


Capital  Talk 
Today  Focus 
Of  AH  Eyes 

Washington,  Dec.  7. — All  eyes  in 
the  film  industry  again  are  turned  to- 
ward Washington,  awaiting  the  out- 
come of  the  conference  tomorrow  be- 
tween President  Roosevelt  and  repre- 
sentatives of  the  producers  who  are 
protesting  what  they  consider  the  dic- 
tatorial powers  vested  in  the  recovery 
administrator  by  the  executive  order 
approving  the  code. 

At  the  White  House  tonight,  plans 
had  been  made  for  the  President,  with 
Administrator  Hugh  S.  Johnson,  to 
receive  Will  Hays,  head  of  the  M.  P. 
P.  D.  A.  and  three  of  his  associates 
at  noon  tomorrow.  Reports  from  New 
(Continued  on  page  4) 


To    See    President    and 

Voice    Objections    to 

Executive  Order 


The  head  or  ranking  executive  in 
the  East  of  every  major  company  in 
the  industry  by  late  last  night  or  early 
this  morning  will  have  converged  on 
Washington  preparatory  to  an  ap- 
pointment at  noon  today  with  Presi- 
dent Roosevelt  and  Administrator 
Hugh  S.  Johnson  to  voice  their  ob- 
jections to  the  Executive  Order  which 
accompanied  the  code  and  which,  in 
their  united  opinion,  removes  from  the 
industry  the  self-regulation  promised 
it  under  the  NRA. 

Marshalling  their  combined  strength, 
presumably  in  order  to  make  it  clear 
to  the  Administration  how  seriously 
they  view  the  situation  and  how  com- 
plete is  the  unanimity  of  opinion 
which  prevails,  the  only  absentee  will 
be  Sidney  R.  Kent,  president  of  Fox, 
who  arrived  in  Hollywood  last  night. 
However,  the  understanding  is  quite 
definite  that  Kent  is  in  entire  sym- 
pathy with  the  stand  assumed  by  other 
leading  executives  and  that  conse- 
quently their  stand  is  his  and  vice 
versa. 

Decision  to  descend  on  Washing- 
ton in  full  force  was  reached  as  the 
result  of  a  meeting  held  at  the  Hays 
office  yesterday  m.orning.  It  is  as- 
sumed that,  while  all  major  compa- 
nies will  be  on  hand  in  the  event 
round-table  consultation  becomes  nec- 
essary during  the  course  of,  or  at  the 
conclusion  of,  the  joint  conference 
(Continued  on  pane  4) 


FWC  Gets  Right 
To  Organize  Pool 

Los  Angeles,  Dec.  7. — Authority  to 
pool  certain  of  its  own  and  Unite(j| 
Artists  houses  in  a  single  operating 
unit  has  been  given  to  Fox  West 
Coast  by  Referee  Samuel  W.  McNabb 
under  a  court  order. 

The  order  also  empowers  Fox  West 
Coast  to  effect  compromise  agree 
(Continued  on  page  9) 


i1 


Strike  Over,  Levy,*     ' 
No,  State  ITOA  MeH 

Jules  Levy,  general  sales  manago^ 

for.  Radio,  yesterday  stated  difference^ 

with  the  I.  T.  O.  A.  had  been  straight-- 

ened  out  and  that  the  company  is  now^ 

(Continued  on  page  9) 


MOTION  PICTURE 

DAILY 


Friday,  December  8,   1933 


MOTION  PICTURE 

DAILY 

(Registered  U.  S.  Patent  Office) 


Vol.   34 


December  S.    19J3 


No.   134 


Maktin  Quigley 
Editor-in-Chief  and  Publisher 


MAURICE   KANN 

Editor 
JAMES  A.  CRON 
Advertiiing  Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Uuigley  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  1933  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. 

Holly  wod  Bureau:  Pacific  States  Life 
Building,  \'ine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tera- 
pelbof,  Kaiserin-Augustastrasse  28,  Joachim 
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reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorw  Malpassuti.  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Harris,  Marx  East 

Hollywood,  Dec.  7. — Sam  Harris 
and  Chico  Marx  leave  for  New  York 
Saturday  to  line  up  writers  and  rr>ate- 
rial  for  the  picture  the  comedy 
brothers  will  make  for  Paramount 
under  a  special  deal  just  closed.  Re- 
ports Harris,  stage  producer,  will  su- 
pervise axe  denied  by  Paramount. 


SIN 

Can  It  Ever  Be 

Right? 

Can  It  Ever  Be 

Forgiven? 

Must  It  Always  Be 
Punished? 


Indianapolis,  Dec.  7. — "Why  did  they  give  it  that  title?  The 
women  get  one  peek  of  the  squared  ring  fronts  and  lobby  display  and 
keep  on  walking." 

This  is  pretty  much  a  composite  of  the  Middle  Western  exliibitor 
talking  about  "The  Prizefighter  and  the  Lady,"  Max  Baer's  first  talker 
but  not  his  last.  This  is  the  picture  which,  on  the  basis  of  performance, 
dialogue  and  general  handling,  sent  New  York  reviewers  into  something 
a  trifle  beyond  normal  in  their  excitement. 

A  peach  of  a  picture  and  one  of  the  neatest  pieces  of  entertainment 
in  recent  months  is  being  hurt  by  an  unfortunate  label.  "The  Prize- 
fighter and  the  Lady"  rates  a  better  break  and  will  deliver  satisfaction 
if  it  gets  a  fairer  chance. 

It's  tough  to  see  a  swell  bit  of  property  go  to  the  bow-wows.  That's 
why  this  survey  series  is  being  interrupted  long  enough  to  get  to  the 
majority  of  exhibitors  yet  to  play  it;  a  tip  to  lay  ofif  any  play  on  the 
Baer  chassis  in  gloves  or  shorts,  any  reference  in  their  fronts  or  their 
advertising  to  the  ring,  but  to  emphasize  the  love  angle,  which  the 
women  want  to  hear  about.  It'll  pay.  KANN 


Reade  in  New  Move 
Against  Receivers 

New  opposition  to  the  RKO  receiv- 
ership administration  will  be  brought 
before  Judge  William  Bondy  in  U.  S. 
District  Court  here  today  by  Walter 
Reade,  operator  of  the  Mayfair  and 
several  subsequent  run  houses,  and  an 
RKO  creditor,  on  a  lease  claim  for  the 
Mayfair. 

Reade  advocated  in  district  court 
several  weeks  ago  that  RKO  be  di- 
rected to  dispose  of  Radio  Pictures 
Corp.  as  an  unprofitable  subsidiary, 
and  that  the  Irving  Trust  Co.  be  re- 
placed by  a  new  receiver  for  RKO. 
The  court  advised  Reade  at  that  time 
to  make  his  complaints  to  the  receiver 
and  report  back  to  the  court. 

RKO's  readjusted  leases  on  the  Ra- 
dio City  theatres  are  also  scheduled 
to  be  passed  upon  by  the  court  today. 


McCoy  Due  Today 

Hollywood,  Dec.  7. — Tim  McCoy 
left  by  plane  for  New  York  to- 
day and  arrives  there  Friday  for  con- 
ferences  with   Columbia  executives. 


First  for  Yates  at 
Biograph  by  Erskin 

"Frankie  and  Johnny"  with  Helen 
Morgan  and  Tallulah  Bankhead,  will 
be  the  first  picture  to  be  produced 
at  the  Biograph  plant  in  the  Bronx 
which  starts  its  career  under  the  wing 
of  Herbert  J.  Yates  and  Consolidated 
on  Jan.  L  Chester  Erskin  will  pro- 
duce. 

The  studio  will  have  stages  on 
two  floors  and  enough  space  to  ac- 
commodate four  companies  shooting 
at  the  same  time.  The  formal  open- 
ing, signalled  by  a  party,  will  take 
place  Dec.  27. 


Baer  Heading  East 

Max  Baer  arrives  in  New  York 
Sunday  and  opens  the  following  Fri- 
day for  a  week's  personal  appearance 
at  Loew's  State. 


Faher  to  Nafl  Screen 

Robert  Faber,  formerly  with  Para- 
mount, has  joined  National  Screen 
Service  in  an  editorial  capacity. 


Trading  Heavy  on  Big  Board 


,  .     ^.  High      Low  Close 

Columbia  Pictures,  vtc 255^  25^4  255i 

Consolidated    Film    Industries 3  3  3 

Consolidated   Film  Industries,  pfd 9J4         9  95i 

liastman    Kodak    83^  82i4  Si'/i 

liastman   Kodak,   pfd 125  125  125 

Fox    Film    "A" 13^  13J4  1394 

Loew's,    Inc 30Ji  30  30'A 

Ixiew's,    Inc.,    pfd 68  68  68 

Paramount   Publix    1J4  15^  15^ 

Pathe  Exchange   2  1%  \% 

Pafhe    Exchange    "A" 13  13Ji  1214 

RKO    25i         2  2 

Warner    Bros 6  S%  SJ4 

Educational  Off  One  on  Curb 


Net 


Change 

Sales 

-^ 

200 

+  % 

100 

200 

+i'A 

1,500 

+1 

1,000 

-'A 

200 

+  'A 

2,800 

100 

-'A 

1,600 

+  H 

6,000 

-t-i 

6,200 



800 

+  % 

5,700 

High 

Educational     2 

General  Theatre  Equipment,  pfd % 

Technicolor  9'A 


Net 
Low      Close     Change 
2  2—1 

'A        V*      

9Ji        9ji      -t-  54 


General  Theatre  Bonds  Off  One 


High  Low 

General  Theatre   Equipment  6s   '40 354         3'A 

General  Theatre  Equipment  6i  '40,  ctf 3  2Ji 

Keith    B.   F.   65   '46 47  47 

Loew's  6s  '41,   WW  deb  rights 81  80^^ 

Paramount  Broadway  SV^s  '51 30  30 

Paramount   F.    L.   6s   '47 24;^  23'A 

Paramount    Publix    5'Aa    '50 25  24 

Pathe  7s  '37,   ww 81  81 

Warner   Bros.  6s   '39,   wd 41  39J4 


Close 
3^ 
3 

47 

81 

30 

24^ 

25 

81 

tOJi 


Net 
Chancre 


—1 
+  J4 

+  'A 


-fl 
-fl 


Sales 

5,000 
200 
300 


Sales 

1 
1 
3 
6 
1 
6 

15 
2 

S7 


i  Purely 
Personal  ► 

CHARLIE  McCarthy,  Gabe 
YoRKE,  Harold  B.  Franklin, 
Herbert  J.  Yates,  Harry  Thomas, 
Pete  Harrison,  Ed  Fay,  EddIe 
DowLiNG,  Irving  Mandel,  Johnny 
Walker,  W.  Ray  Johnston,  F.  J. 
A.  McCarthy,  and  Alex  Moss  were 
among  those  lunching  at  the  Tavern 
yesterday.  The  48th  St.  hostelry  is 
becoming  one  of  the  most  popular 
in  town    for   film  men. 


Frey  and  Braggioti,  radio  artists, 
are    doing    a     scene    in     Marshall  , 
Neh-an's     "The     Social     Register,"  * 
which  will  be  released  nationally  by 
Columbia. 

Rudy  Vallee  leaves  for  Hollywood 
today  to  start  work  in  George 
White's  "Scandals"  for  Fox.  Jack 
Haley  is  the  latest  addition  to  the 
cast. 

Charlotte  Henry  arrives  Dec.  10 
from  the  coast.  She  is  now  making 
personal  appearances  throughout  the 
country. 

Mary  Doran  has  been  signed  by 
Vitaphone  to  play  opposite  Hakry 
Gribbon  in  a  short  which  starts  this 
week. 

/ 

Elissa  Landi  is  back  on  the  coast 
after  a  hurried  trip  to  New  York 
where  she  saw  her  mother  off  for 
England. 

I 

Laura  La  Plante,  Marc  Con- 
nelly, Robert  E.  Sherwood  and 
Don  Alvarado  are  arrivals  from 
abroad. 

Douglas  Fairbanks,  Jr.,  is  on  his 
way  to  the  Coast  after  spending  only 
one  day  in  town  following  his  arrival 
from  Europe. 

Wilson  Colli  son's  new  yarn,  "For- 
gotten Girl,"  is  a  new  M-G-M  acqui- 
sition. "Man  and  Wife,"  by  Beth 
Brown,  is  another  purchase. 

Sidney  Kingsley's  play,  "Men  in 
White,"  a  current  Broadway  stage  hit, 
has  been  purchased  by  M-G-M. 

Grace  Fisher,  owrner  of  three  the- 
atres in  Cumberland,  Md.,  is  in  town 
on  product  buys. 

David  Bernstein,  Loew  executive, 
is  abroad  and  will  not  return  until 
after  the  first  of  the  year. 

Roy  Disney  flew  into  town  from 
the  coast  yesterday  to  spend  the 
Christmas  holidays  here. 

W.  F.  Rodgers,  M-G-M  division 
manager,  is  confined  to  his  home  with 
an  infected  foot. 

Raymond  Cavanaugh  is  taking 
bows  for  his  advertising  manual  on 
Amity's  "Puss  in  Boots." 

Harry  Arthur  left  for  St.  Louis 
yesterday. 

Eddie  Golden  is  making  a  swing 
of  a  few  Monogram  exchanges. 

Bela  Lugosi  heads  Loew's  State 
stage   show   starting  today. 


HWS    OF    WEEK 
N    PHOTO-REVUE 


SIGGER-THAN-'WORLD 
CHANGES'-RECORD  for 

'House  on  56th  Street'  is 
ahenomenal  mark  set  by 
Kay  Francis  in  first  week 
)f  indefinite  run  at  N.  Y. 
Hollywood.* 

iVARM     WELCOME 

greets  musicomedy  star 
Hal  LeRoy  on  arrival  at 
Warner  lot  where  he  will 
be  'Harold  Teen'  in  film 
Df  world -syndicated  car- 
toon strip. 


•>. 


•  -*-. 


m»-  u 


'ipii 


r^tM^W^™ 


-:;a--1 


Im 


ALL  SET  FOR  NOVEL  'MUSI- 
GAL' SHOW  is  this  lavish  set 
for  'Wonder  Bar,'  Warners' 
latest  Bacon-Berkeley  opus." 


,r.An  rv 


\ 


^.31 


M 


i»v. 


N.  Y.'S  MOST  CONVULSING  'CON- 
VENTION' to  open  Dec.  22nd  when 
10  great  Warner  laugh- stars  arrive 
at  Strand  in  'Convention  City. ' " 


m 


,x^ 


■^ri^' 


DETROIT  OF- 
FICE CONTRI- 
BUTES 12  first- 
run    bookings 
to  national  total 
of  more  than 
400  Xmas  dates 
already    sched- 
uled for  Joe  E. 
Brown's   'Son 
of  a  Sailor.'" 


r*"— 


nCB 


JQg{ 


'am 


TEMPTING  TEAM  of  fern  footballers  highlights  flash  send-off  for 
dual  Boston  run  of  'College  Coach,'  Warners'  timely  lowdown  on 
touchdown  industry. 

*A  Warner  Bnt.  Picture    "A  Firtt  Natioi'.al  Picture     Vitagraph,  Inc.,  Di*tributort 


MOTION  PICTVRC 

DAILY 


Friday,  December  8,   1933 


Leaders  Talk 
Code  Today 
In  Washington 


IContinued  from  page  1) 
with  the  President  and  General  John- 
son, by  noon  today,  the  designated 
hour,  a  committee  of  probably  three, 
but  representative  of  the  whole,  will 
have  been  selected  to  represent  the 
combined  group  at  the  conference  it- 
self. 

Indicative  of  the  accord  in  view- 
point which  prevails  is  the  fact  that, 
among  those  who  will  be  in  Washing- 
ton this  morning,  are  Jack  Cohn,  vice- 
president  of  Columbia  which  has  not 
signed  the  code,  and  Joseph  M. 
Schenck,  as  president  of  20th  Cen- 
tury Pictures.  The  latter's  opposition 
to  the  salary  clauses  and  "star-raid- 
ing" provisions  of  the  code  is  well 
known. 

George  J.  Schaefer  will  represent 
Paramount;  R.  H.  Cochrane,  Univer- 
sal; Nicholas  M.  Schenck,  Loew's, 
Inc.  and  M-G-M ;  M.  H.  Aylesworthj 
RKO ;  Harry  M.  Warner,  Warners ; 
and  Will  H.  Hays,  the  M.  P.  P.  D.  A. 


Hits  Criticism  of 
Code  Before  Test 

(Continued  from   poge   1) 

wrongs  materialize,  the  code  can  be 
changed.  Exemptions  and  exceptions 
can  be  allowed.  But  the  code  deserves 
a  fair  trial. 

"We  do  not  know  whether  it  will 
work  or  not,  but  until  we  see  what 
self-regulation  can  accomplish  no  one 
is  entitled  to  criticize." 

Rosenblatt  stated  that  since  the 
government  had  started  the  first  real 
self-regulation  efforts  ever  to  come 
from  the  industry's  diverse  elements, 
it  was  up  to  the  Administration  to 
supervise  early  workings  of  the  ma- 
chinery set  up  in  order  to  assure 
proper  functioning  of  the  code. 

In  a  question-and-answer  session 
which  the  deputy  conducted  at  the 
close  of  his  talk,  he  declined  to  make 
a  ruling  on  the  use  of  "scrip"  books 
by  exhibitors  until  specific  cases  are 
brought  to  his  attention.  This  declara- 
tion followed  a  question  put  by  David 
Barrist,  of  the  local  M.P.T.O.  unit, 
who  acted  as  interlocutor,  which 
sought  to  determine  whether  the  use 
of  "scrip"  was  permitted  under  the 
code.  Rosenblatt  advised  exhibitors 
using  such  books  to  finish  out  their 
agreements  now  in  existence,  how- 
ever. 

The  deputy  approved  benefit  per- 
formances, declaring  that  they  were 
not  banned  by  the  code,  explained  the 
cancellation  provisions  in  detail, 
whereby  one  in  ten  pictures  can  be 
rejected,  and  declared  that  the  same 
provision  applied  to  short   subjects. 

He  clarified  effect  of  the  labor  pro- 
visions on  combination  jobs,  such  as 
doormen  and  firemen,  and  offered  the 
opinion  that  if  the  wage  scale  for  both 
classifications  of  a  combination  job 
was  met,  the  code's  hour  regulations 
could  be  waived.  He  explained  the 
rejection  of  a  moral  clause  proposed 
for  the  code,  stating  that,  the  code 
being  law,  inclusion  in  it  of  such  a 
clause  would  open  the  way  to  am- 
bitious prosecutors  to  make  exhibi- 
tors   their    victims.    He    called    upon 


Here  Is  Executive  Order 
On  Which  Protests  Rest 


Major  company  objections  to  the  executive  order,  made  public  by  the 
President  as  the  text  of  the  industry  code  was  released  on  Nov.  30,  are 
drawn  from  the  order  itself.  The  argument  is  that  wide  powers  accorded 
to  the  administrator  to  accept,  revise  or  throw  out  decisions  made  by 
code  authority  make  it  impossible  for  the  industry  to  govern  its  own 
activities. 

The  te.xt  follows: 

"An  application  having  been  duly  made,  pursuant  to  and  in  full  compliance  with  the 
provisions  of  Title  1  of  the  National  Industrial  Recovery  Act,  approved  June  16,  1933, 
for  my  approval  of  a  code  of  fair  competition  for  the  motion  picture  industry,  aai  a 
hearing  having  been  held  thereon,  and  the  Administrator  having  rendered  his  report 
containing  an  analysis  of  the  said  code  of  fair  competition  together  with  his  recommen- 
dations and  findings  with  respect  thereto,  and  the  Administrator  having  found  that 
the  said  code  of  fair  competition  complies  in  all  respects  with  the  pertinent  provisions  of 
Title  1  of  said  act  and  that  the  requirements  of  clauses  (I)  and  (Z)  of  sub-section  (A) 
of  Section  3  of  the  said  Act  have  been  met: 

"Now,  therefore,  I,  Franklin  D.  Roosevelt,  President  of  the  Untied  States,  piu-suant 
to  the  authority  vested  in  me  by  Title  1  of  the  National  Industrial  Recovery  Act, 
approved  June  16,  1933,  and  otherwise,  do  adopt  and  approve  the  report,  recommenda- 
tions and  findings  of  the  Administrator,  and  do  order  that  the  said  code  of  fair  compe- 
tition be,  and  it  is  hereby,  approved,  subject  to  the  following  conditions: 

"To   effectuate    further    the    policies    of    the    Act,    that: 
.."(I)    Because    the    constituency    of    the    Code    Authority    is    named    in    this    code,    the 
Administrator    shftll    have    the    right    to    review,    and    if    necessary,     to    disapprove    any 
act  taken  by  the  Code  Authority,  or  by  any  committee  named  by  it,  and  any  act  taken 
by    any   board   named   by   it;    and 

"(2)  If,  in  the  administration  of  this  code,  any  member  or  temporary  alternate  of 
any  member  of  said  Code  Authority,  or  any  member  of  any  board  appointed  by  the 
Code  Authority  shall  fail  to  be  fair,  impartial  and  just,  the  Administrator  shall  have 
the  right  to  remove  such  member  or  teniporary  alternate  from  said  Code  Authority, 
and  to  remove  such  nuember  of  any  such  board,  and,  if  he  deems  necessary,  to  name 
another  member  or  alternate  from  the  general  class  represented  by  such  removed  mem- 
ber or  alternate  to  replace  such  removed  member  or  alternate  upon  said  Code  Authority 
or    upon    any    such    board;    and 

"(3)  If,  in  the  administration  of  this  code,  it  shall  be  found  by  the  Administrator  that 
there  has  not  been  sufficient  representation  of  any  employer  class  in  this  industry  on 
the  Code  Authority,  the  Administrator  shall  have  the  right  to  add  members  from  any 
such   class    to   such   Code   Authority;    and 

"(4)  Because  the  President  believes  that  further  investigation  with  respect  to  the 
problems  of  payment  of  excessive  compesation  to  executives  and  other  employees  in  this 
industry  is  required,  the  provisions  of  Article  V,  Division  A,  Part  4,  of  this  code  are 
hereby  suspended  from  operation  and  shall  not  become  effective  pending  further  report 
from    the    Administrator    after    investigation;    and 

"(5)  Because  the  president  believes  that  writers,  authors,  and  drsimatists  are  engaged 
in  purely  creative  work,  the  provisions  of  Article  V.  Division  B,  Part  5,  Section  1  (C) 
2,  3,  4  and  6,  of  this  code,  shall  not  become  effective  with  respect  to  such  employes; 
and 

"(6)  Because  the  President  believes  that  further  investigation  is  required  with  respect 
to  problems  generally  affecting  unfair  competitive  methods  of  classes  of  employes 
of  producers  rendering  services  of  an  artistic,  interpretative,  technical,  super- 
viso«V  or  executive  nature,  the  provisions  of  Article  V,  Division  B,  Part  5,  Section 
1  (C),  2,  3,  4  and  6,  of  this  code,  are  suspends  from  operation  jmd,  shall  not  become 
effective  pending  further  report  from  the  Aihninistrator,  after  investigation,  as  to  whether 
such  provisions  should  be  definitely  suspended,  or  modified,  altered  or  changed,  or 
become   effective." 


the  industry  to  formulate  its  own 
program  of  morals. 

The  deputy  declared  that  trade  as- 
sociations "were  never  more  neces- 
sary than  now,"  and  advised  their 
complete  maintenance.  He  expressed 
himself  as  being  "favorably  im- 
pressed" with  the  plans  for  a  new, 
single  national  exhibitors'  organiza- 
tion made  public  early  this  week  by 
Jay  Emanuel,  local  exhibitor  and  re- 
gional trade  paper  publisher. 

Rosenblatt  stated  union  and  non- 
union disputes  in  the  same  neighbor- 
hood would  be  carried  directly  to  Code 
Authority  for  settlement  in  the  future. 
He  made  it  clear  that  so  long  as  ex- 
isting agreements  are  met  the  code 
had  no  interest  in  changing  union  and 
non-union  status  and  also  stated  a 
plan  for  meeting  expenses  of  the  code 
administration  had  not  been  worked 
out  yet. 

The  morning  session  of  the  meet- 
ing was  devoted  to  discussions  of  the 
code,  conducted  by  Lew  Pizor,  presi- 
dent of  the  local  M.P.T.O.  unit. 
George  P.  Aaron  s,  secretary,  inter- 
preted various  code  clauses. 


To  Air  the  Code 

Baltimore,  Dec.  7.— Frank  A.  Hor- 
nig,  president  of  the  M.  P.  T.  O. 
of  Maryland,  has  called  a  special 
meeting  for  Friday  to  hear  a  report 
on  how  the  code  affects  theatre  hours 
and  salaries. 


Reports  Interest  in 
Theatre  Ass'n  Plan 

Philadelphia,  Dec.  7.— His  sugges- 
tion for  the  formation  of  a  brand  new 
national  exhibitors'  organization  has 
precipitated  a  number  of  favorable 
calls  from  exhibitors  in  other  terri- 
tories, declared  Jay  Emanuel,  regional 
trade  paper  publisher  today. 

"I  have  no  idea  of  pushing  the  sug- 
gestion since,  after  all,  the  idea,  if  it 
has  merit,  must  be  pushed  by  exhibi- 
tors themselves,"  he  stated. 

Tt  is  Emanuel's  idea  to  organize  a 
new  association,  perhaps  as  the  Ameri- 
can Exhibitors'  Congress,  to  supersede 
existing  national,  as  well  as  unaffili- 
ated, theatremen's  organizations. 


ITOA  to  Sign  Code 
And  View  Workings 

The  I.  T.  O.  A.  will  sign  the  in- 
dustry code  by  Jan.  10  and  give  it 
a  chance  to  see  how  it  works  out, 
Harry  Brandt  president,  stated  yes- 
terday followinsr  the  regular  meeting 
at  the  Astor.  The  session  was  given 
over  to  a  full  discussion  of  the  code 
with  Mijton  C.  Weisman,  attorney  for 
the  unit,  interpreting  the  various 
clauses.  T.abor  problems  and  their  ef- 
fect on  theatre  operation  highlighted 
the  discussions. 

Because  of  the  frequency  of  acci- 
dents  in   the   members'   theatres,   the 


Capital  Talk 
Today  Focus 
Of  All  Eyes 


(Continued  from   page   1) 

York  indicated  that  about  25  produc- 
ers \yill  accompany  Hays  to  the  capi- 
tal, including  men  from  three  com- 
panies which  have  not  signed  the  code, 
Columbia,  United  Artists  and  Twen- 
tieth Century.  It  is  not  anticipated, 
however,  that  this  large  delegation 
will  be  permitted  to  attend  the  con- 
ference, Hays  having  been  advised  by 
White  House  attaches  yesterday  that 
the  President  would  see  him  and  a 
small  delegation  not  exceeding  three 
or  four. 

The  general  consensus  in  Washing- 
ton is  that  the  producers  will  fail  to 
move  the  President  to  rescinding  his 
executive  order,  but  will  be  told  that 
the  code  authority  can  go  ahead  with 
its  task  with  the  assurance  that  it  will 
not  be  unduly  interfered  with  and  that, 
if  an3rthing,  the  power  of  the  adminis- 
trator will  be  exercised  to  uphold  its 
hands  rather  than  hamper  it. 

It  is  anticipated  the  protestants  will 
be  told  that  the  provisions  of  the  ex- 
ecutive order  are  designed  as  a  safe- 
guard to  be  called  into  operation  only 
as  a  last  resort,  but  they  will  be  told 
also  that  General  Johnson,  Deputy 
Administrator  Sol  A.  Rosenblatt  and 
other  recovery  officials  are  deeply  in- 
terested in  the  operation  of  the  code 
and  intend  to  keep  in  close  touch  with 
it  during  the  initial  stages  of  its  en- 
forcement, not  only  to  see  that  it  is 
complied  with  throughout  the  indus- 
try but  also  to  determine  whether  any 
changes  are  necessary  to  make  it  a 
smooth-working  program. 

Meanwhile,  it  was  learned  at  the 
Administration  that  nominations  for 
the  clearance  and  zoning  and  griev- 
ance boards  are  coming  in  large  num- 
bers and  that  there  will  shortly  be  a 
plentiful  supply  of  names  from  which 
to  select  the  members  of  the  various 
organizations.  It  is  not  anticipated, 
however,  that  this  will  be  done  until 
the  code  authority  has  held  its  initial 
meeting,  which  will  not  be  called  until 
after  the  White  House  conference  has 
developed  the  attitude  to  be  taken  by 
the  President.  There  is  a  possibility, 
that  the  first  meeting  of  the  authority 
will  be  held  some  time  next  week. 

Printed  copies  of  the  indiistrv 
code  now  are  expected  to  be  received  1 
from  the  government  nrintiner  oflRce 
Saturday.  Original  plans  called  for 
their  delivery  last  night  but  after 
printing  it  was  found  errors  had  been 
made  in  the  printing  office,  which  ne- 
cessitated thp  reprintins-  of  the  entire 
document.  The  code  will  be  included 
in  a  pamphlet  of  more  than  40  pasres 
which  also  will  carrv  the  executive 
order  and  General  Johnson's  report 


Writers  O.K.  Code 

HoLTYwooD.  Dec.  7. — The  code  has  J 
been  offrially  approved  by  the  Writ- 
prs'  Hiiild. 


organization  has  decided  to  establish 
its  own  Habilitv  r>nd  insurance  com- 
pany. This  will  be  done  very  soon. 
Brandt  stated.  Because  members  find 
it  more  convenient  to  meet  on  Wed- 
nesdays instead  of  Thursdavs.  m^et- 
ines  have  been  set  back  one  day.  Pre- 
I'iouslv  the  association  met  every 
Tuesday. 


A   REAL   HOLIDAY   PICTURE! 


•  Screen  it  before  a 
mixed  audience . . .  then 
you'll  know  what  a  swell 
holiday  booking  this 
is.  Prints  now  available 
at  all  Fox  Exchanges. 


A  treat  for  children  . .  .  and 
their  parents. 

The  horse  that  stands  with 
Black  Beauty  in  the  hearts  of 
America's  millions. 

The  book  that  ranks  high  in  the 
best-seller  ratings  of  all  time. 

A  motion  picture  hitting  with 
an  emotional  punch  that 
topples  the  hardest-boiled! 


with 


Victor  JORY 

Irene  BENTLEY 


and 


Will  JAMES 

Directed  by  Eugene  Forde 


^ 


/0f 


jet" 


flf 


Your  patrons  always  like 

FOX  MOVIETONE  NEWS 


""f-^ 


ALL  ROAD)  LEAD 

TI^ADE-5HOWINCS 


magnifjCe? 


TO  BE  HELD  IN 
TRADE  CEI 


Get  your  tickets  NOW  from  your  nearest    M 


Me^  HAT  OKVV  DE 


RODUCTION 


'  MOTION  PICTURE 

IN  AMERICA 
ih. 


TED  ARTISTS  EXCHANGE 


MOTION  PICTURE 

DAILY 


Friday,  December  8,  1933 


Walker  Organizing 
NRA  Super  Council 

CC(fntinurd  from   page    1) 

bureau  for  disseminating  all  factual 
information  to  the  general  public  with 
reference  to  governmental  agencies  will 
be  established  here  and  branch  of- 
fices will  be  set  up  throughout  the 
United  States. 


Arthur  Krock,  chief  of  the  Wash- 
ington staff  of  New  York  Times. 
said  yesterday  Frank  C.  Walker's  po- 
sition in  the  NRA  "is  in  many  respects 
the  most  important  office  that  has  been 
created  under  the  legislation  of  the 
New  Deal. 

"If  the  new  set-up  draws  upon  tlie 
powers  mentioned  by  the  President 
in  his  order  creating  it  today,  if  it 
functions  smoothly  and  Mr.  Walker's 
eminent  associates  turn  over  to  him 
on  occasions  such  of  their  authority 
as  he  may  seek,  no  cabinet  minister 
or  administrator  will  be  as  powerful 
as  Mr.  Walker.  No  one  but  the 
President  is  given  the  right  to  disap- 
prove his  actions." 


Court  Refuses  Move 
On  Pay  of  Laemmle 

A  motion  to  restrain  Universal  from 
continuing  the  present  salaries  of  Carl 
Laemmle  and  Carl  Laemmle,  Jr.,  was 
denied  yesterday  by  Supreme  Court 
Justice  Isidor  Wasservogel.  The  mo- 
tion, brought  by  Benjamin  Graham,  a 
Universal  stockholder,  was  based  on 
the  allegation  that  the  two  executives 
were  receiving  excessive  salaries. 
Numerous  film  leaders  appeared  on 
behalf  of  the  Laemmles  and  denied  the 
allegations  when  the  motion  was  ar- 
gued recently. 

Justice  Wasservogel's  decision  held 
that,  "On  the  papers  submitted  the 
court  would  not  be  justified  in  substi- 
tuting its  own  judgment  for  that  of 
the  directors  of  the  corporation  with 
respect  to  the  salaries  here  involved. 
The  motion  to  enjoin  payment  of  the 
salaries,  or  to  reduce  such  salaries,  is 
denied." 


Tri-State  Now  Holds 
Control  of  Eighteen 

Des  Moines,  Dec.  7. — The  Tri- 
State  Theatre  Corp.  is  now  in  control, 
of  18  houses.  They  are  the  Des 
Moines,  Paramount,  Strand  and  Gar- 
den here;  Capital  and  Princess,  Sioux 
City ;  Paramount  and  Strand,  Water- 
loo; Paramount  and  State,  Cedar 
Rapids ;  Capital  and  Rialto,  Newton ; 
four  major  houses  in  Omaha  and  two 
in    Grand    Island,    Neb. 


Asher  Flying  to  Coast 

Following  conferences  with  H.  M. 
Warner  and  Sam  E.  Morris,  Irving 
Asher,  foreign  production  head  for 
Warners,  left  by  plane  for  the  Coast 
yesterday.  He  arrived  in  New  York 
on  the  Majestic  on  Monday  and  will 
be  away  for  two  weeks. 

Asher  has  closed  the  Teddington 
studio  in  England  for  nine  weeks  and 
expects  to  bring  over  to  the  other 
side  a  number  of  American  stars,  in- 
cluding Laura  La  Plante,  who  has 
been  signed  for  two  pictures.  Monty 
Banks  will  direct  four  of  the  26  on 
next  year's  program. 

Closing  of  the  English  studios  is 
the  first  in  two  and  a  half  years. 


MOTION  PICTURE  DAILYS 
HOLLYWOOD  PREVIEW 


"Mr.  Skitch" 

(Fox) 

Hollywood,  Dec.  7. — Will  Rogers'  latest  is  laugh  entertainment  for 
all  types  of  patrons  and  particularly  attractive  to  family  trade. 

America's  homespun  comedian,  with  his  wife,  twin  daughters,  Junior 
and  their  dog,  because  of  sherifif  mortgage  trouble,  decides  to  see 
America  first.  On  rubber  tires  the  family  goes  from  ^uto  camp  to  auto 
camp  across  the  Rockies  to  Yellowstone  Park,  Calneva  and  California. 
They  meet  with  strange  adventures  and  people  that  will  keep  audiences 
in  a  high  state  of  hilarity. 

The  human,  homey  quality  of  the  picture,  the  quaint  philosophy  of 
Rogers,  his  resourcefulness  when  broke,  his  gambling  episodes  at 
Calneva,  the  family  heartaches,  the  romance  of  young  love,  all  set  in 
America's  beauty  spots,  contribute  to  make  "Mr.  Skitch"  one  of 
Rogers'  funniest  as  well  as  most  interesting  films. 

Zasu  Pitts  is  the  neurotic  wife  of  Rogers,  with  good  efifect.  Rochelle 
Hudson  and  Charlie  Starrett  are  the  romantic  interest.  Flo  Desmond's 
impersonations  of  headline  movie  stars  definitely  register  this  girl  in 
her  first  American  screen  appearance.  Harry  Green,  traveling  on  wheels 
as  a  cure,  gets  plenty  of  laughs.  Eugene  Pallette  is  swell  as  a  gambling 
toper.  Ralph  Spence's  lines  bristle  and  bubble  with  laughs  in  a  fine 
story  by  himself  and  Sonya  Levien.  James  Cruze's  direction  is  com- 
mendable. 

With  the  apparent  turn  of  audiences  to  films  of  family  life,  "Mr. 
Skitch"  should  enjoy  added  popularity  over  and  above  the  drawing 
power  of  Rogers  in  a  film  loaded  with  laughter. 


Looking  ^Em  Over 


''If  I  Were  Free'' 

(Radio) 

Something  always  seems  about  to  happen  and  never  really  does  in 
this  story  of  a  London  lawyer,  Clive  Brook,  in  love  with  a  divorced 
woman,  Irene  Dunne,  whom  he  can't  marry  because  his  wife  won't  give 
him  a  divorce.  His  best  friend,  Henry  Stephenson,  wants  to  see  the 
romance  broken  so  it  will  not  interfere  with  his  career ;  his  mother, 
Laura  Hope  Crews,  wants  it  to  continue  so  her  son  will  be  happy,  and 
the  discarded  husband  of  Miss  Dunne,  Nils  Asther,  tries  to  blackmail 
her.  Miss  Dunne  and  the  wife,  Lorraine  MacLean,  meet  finally  in  a 
hospital  where  Brook  is  facing  death  following  an  operation.  The  end- 
ing is  happy. 

It  is  smart,  sophisticated,  restrained  throughout.  Neighborhood  houses 
catering  to  the  family  trade  should  label  it  for  adult  audiences. 

Clive  Brook's  fans  probably  will  like  it,  because  he  gives  his  usual 
polished  performance.  Miss  Dunne  is  always  convincing.  Asther  ap- 
pears in  only  two  short  sequences.  In  the  first  of  these  he  is  shown  hold- 
ing a  gun  against  his  wife  trying  to  get  her  to  promise  to  be  nice  to 
his  sweetheart — just  a  bit  far-fetched. 

The  picture  has  its  moments,  one  of  them  when  Miss  Dunne  sings 
softly  to  the  semi-conscious  Brook  as  he  lies  in  a  nospital  bed,  but  it 
stirred  up  giggles  once  or  twice  in  a  projection  room  audience  yesterday 
where  the  effect  was  intended  to  be  just  the  opposite. 


"The  Strawberry  Roan" 

(  Universal) 

"The  Strawberry  Roan"  is  a  honey  of  a  western.  It  can  be  unquali- 
fiedly recommended  as  one  of  the  most  satisfying  pictures  of  its  kind  to 
come  along  in  a  long  time.  For  sheer  thrill  and  pounding  action  it  is 
unbeatable.  Ken  Maynard  has  never  appeared  to  better  advantage  than 
he  does  in  this  one. 

The  plot  concerns  a  group  of  cowhands  who  rustle  their  boss's  horses 
and  manage  to  escape  punishment  by  spreading  a  story  that  a  leader  of  a 
pack  of  wild  horses,  known  as  the  Strawberry  Roan,  has  been  letting  the 
animals  free  and  driving  them  off  to  the  hills.  Ken,  a  new  hand,  suspects 
the  foreman  of  the  ranch  is  the  head  of  the  rustlers. 

The  roan  is  captured.  A  wealthy  ranchman  promises  the  one  capable 
of  riding  it  the  gift  of  his  property.  The  foreman,  knowing  that  once 
the  roan  is  penned  up,  the  truth  is  certain  to  leak  out,  does  all  in  his 
power  to  set  the  horse  free.    He  fails  and  gets  a  terrific  beating  from 

(Continued  on  page  9) 


Loew's  Stock  Sale 
Hearing  Postponed 


(Continued  from  page  1) 
poned  to  Monday  by  Judge  John  Knox 
in  U.  S.  District  Court  here.  The 
postponement  was  granted  at  the  re- 
quest of  attorneys  for  Chase  National 
Bank,  holder  of  the  principal  amount 
of  defaulted  notes  of  Film  Securities 
for  which  the  Loew's  stock  is  posted 
as  collateral.  The  attorneys  stated 
that  bank  officials  whose  testimony  is 
regarded  as  essential  were  detained 
in  Washington  yesterday  in  connec- 
tion with  the  Senate  banking  investi- 
gation. 

It  is  proposed  to  sell  the  Loew's 
stock  at  public  auction  Dec.  12  to 
satisfy  $20,000,000  of  defaulted  Film 
Securities  notes.  Chase  is  regarded 
as  a  likely  bidder. 


Loew's  12-Week  Net 
Reported  100%  Up 

Earnings  of  Loew's,  Inc.,  for  the 
first  12  weeks  of  the  current  fiscal 
year,  starting  Aug.  31,  are  reported  to 
be  double  those  of  the  same  period  a 
year  ago. 

Preferred  dividends  for  the  1932  per- 
iod were  36  cents  a  share,  indicating 
that  those  for  the  current  period  are 
now  running  between  70  cents  and 
$1  quarterly. 

Current  advance  in  foreign  ex- 
change is  cited  as  one  of  the  greatest 
factors  in  the  improved  earning  po- 
sition of  the  company,  with  $3,000,- 
000  of  additional  income  estimated  for 
the  year  from  this  one  source.  Amer- 
ican film  rentals,  improved  theatre 
attendance  over  last  year  and  reduced 
operating  costs  are  cited  as  other  con- 
tributing factors  in  the  company's  cur- 
rent financial  showing. 


Dirt  in  St.  Louis 
Faces  Jury  Action 

St.  Louis,  Dec.  7. — The  grand  jury 
of  the  December  term  of  the  Circuit 
Court  for  Criminal  Causes  here  has 
been  empowered  to  conduct  any  in- 
vestigation into  theatres,  dance  halls 
and  other  amusement  places  that  it 
sees  fit.  The  jury  was  informed  of 
decision  to  this  effect  by  Circuit  judge 
Bader. 

"Some  shows  are  being  run  beyond 
the  bounds  of  decency,"  the  judge  said. 
A  member  of  the  jury  remarked  that 
while  two  girl  dancers  had  been  ar- 
rested recently  in  a  small  theatre  on 
Broadway,  a  dance  just  as  bad  was 
being  featured  on  the  program  of 
another  house. 

So  the  show  girls  better  ask  old 
Santa  to  send  them  some  new  clothes 
in  a  hurry,  other  than  girdles  and 
brassieres. 


500  Turn  Out  for 
Roach  Anniversary 

Hollywood,  Dec.  7. — No  expense 
was  spared  by  Hal  Roach  in  celebrat- 
ing tonight  his  20th  year  as  a  comedy 
producer.  An  entire  stage  was  con- 
verted into  a  dance  floor  for  the  500 
guests.  The  affair  went  on  the  air 
on  a  coast-to-coast  hook-up  of  the 
NBC  system.  Louis  B.  Mayer  was 
introduced  by  Henry  Ginsberg,  gen- 
eral manager  of  the  Roach  studios. 
Roach  also  made  a  radio  speech.  The 
entertainment  program  featured  stars, 
past  and  present,  who  have  worked 
under  the  Roach  banner. 


Friday,  December  8,   1933 


MOTION  PICTURE 

DAILY 


U.  A.  Goes  to  Court 
Over  "Blood  Money" 


Baltimore,  Dec.  7. — United  Artists 
has  started  court  action  to  secure  ap- 
proval of  "Blood  Money"  by  the 
Maryland  censors.  Judge  Samuel  K. 
Dennis,  in  City  Court,  has  ordered 
the  censors  to  answer  by  Dec.  11  and 
has  set  a  hearing  for  Dec.  14. 

Censors  barred  the  film  on  the 
ground  that  it  was  "immoral,  indecent 
and  inhuman." 


20th  Century  Gets 
Title  to  U.  A.  Plant 

Hollywood,  Dec.  7. — Transfer  of 
title  to  the  United  Artists  studio  from 
the  United  Artists  Studios  Corp.,  Ltd., 
to  20th  Century  and  Samuel  Goldwyn 
has  been  completed. 


Strike  Over,  Levy; 
No,  State  ITO A  Men 

{Continued  from  page   1) 

selling  independents  individually.  He 
also  added  that  most  of  the  local  ac- 
counts had  been  closed. 

Contradicting  this  was  Harry 
Brandt,  president  of  the  unit,  who, 
when  advised  of  Levy's  statement,  said 
that  L  T,  O.  A.  members  had  not  yet 
agreed  to  end  the  local  buying  strike. 


Films  in  No.  1  Spot 

Philadelphia,  Dec.  7. — The  exper- 
iment of  the  Philadelphia  Record  of 
leading  off  its  amusement  section  in 
last  Sunday's  issue  with  a  front  page 
devoted  to  films  instead  of  to  the  the- 
atre as  had  been  the  custom,  is  ex- 
pected to  continue.  Harry  Goldberg, 
Warner  publicity  head  here,  is  be- 
lieved to  have  been  responsible  for 
getting  David  Stern,  publisher  of  the 
Record,  to  set  the  precedent. 

Seek  Tax  Cut 

Ntew  HavenI,  Dec.  7. — Receivers 
for  Fox  New  England  Theatres,  Inc., 
today  sought  a  readjustment  in  the 
tax  assessments  on  the  Palace  and 
Strand  theatres,  Waterbury,  for  1931- 
1932.  The  appeal  was  filed  in  the 
Civil  Superior  Court  by  Benjamin 
Slade  of  New  Haven,  Thomas  J. 
Spellacy  of  Hartford,  and  Sam  Spring 
of  New  York. 


U.  A.  Circuit  Loss  Up 

United  Artists  Theatre  Circuit  and 
subsidiaries  suffered  a  loss  of  $358,902 
in  the  fiscal  year  ended  Aug.  31  after 
allowance  for  depreciation,  amortiza- 
tion, interest  and  other  charges,  ac- 
cording to  its  financial  statement  just 
made  public. 

This  compares  with  a  loss  for  the 
previous  year  of  $194,715. 


Miss  Pickford  Coming 

Hollywood,  Dec.  7. — Mary  Pick- 
ford  starts  east  Saturday.  She  is 
interested  in  doing  a  play  on  Broad- 
way which  she  would  do  into  a  film 
in  the  event  it  proved  a  success. 


Out  of  Master  Art 

W.  p.  ("Pat")  Garyn  is  no  longer 
associated  with  Master  Art  Products, 
independent  distributing  company  in 
New  York. 


Looking  ^Em  Over 


_  {Continued  from   page    8) 

Maynard,  who  succeeds  in  breaking  in  the  animal,  gets  the  reward  and 
wins  the  daughter  of  his  boss. 

The  fight  between  Maynard  and  the  foreman,  a  struggle  between  two 
wild  horses  and  a  stampede  of  hundreds  of  animals  are  but  a  few  of 
the  exciting  scenes  in  the  film. 

Ruth  Hall  plays  well  opposite  Maynard.  Harold  Goodwin,  Charles 
King,  William  Desmond  and  James  Marcus  are  others  who  do  capably. 
Then,  of  course,  there  is  Tarzan,  who  is  rather  important  to  the  plot. 


«i 


tff 


Sagebrush  Trait 

{Monogram') 
.  Western  fans  will  find  enough  action  in  John  Wayne's  latest  to  keep 
them  in  happy  spirits.  Plenty  of  gun-play,  hard  riding  and  fisticuffs  are 
injected  into  this  outdoor  melodrama  which  has  the  hero  in  search  of  a 
murderer  who  committed  a  deed  for  which  Wayne  has  been  sent  to 
prison.  Wayne  breaks  jail,  meets  his  man  but  doesn't  recognize  him 
until  Lane  Chandler  confesses  his  guilt.  Both  later  become  involved  in 
a  stage  holdup  and  in  escaping  the  gang  Chandler  is  mortally  wounded. 
The  sheriff  bobs  up  in  time  to  hear  the  dying  confession,  absolving 
Wayne  from  the  crime. 

During  the  time  Wayne  and  Chandler  have  been  pals  together,  both 
have  fallen  in  love  with  Nancy  Shubert,  but  Wayne  has  been  having 
first  call.  Chandler's  death  ends  the  competition  as  well  as  the  activities 
of  the  outlaw  gang. 

Yakima  Canutt,  Art  Mix,  Wally  Wales  and  Robert  A.  Burns  also 
are  in  the  cast. 


"The  Last  Trail" 

(Fox) 

George  O'Brien  and  Zane  Grey  fans  will  whoop  it  up  over  this  one. 
It  has  plenty  of  action  and  humor.  At  the  RKO  Colonial  the  kids 
cheered  George  every  time  he  had  a  set-to  with  the  villains  of  the  piece, 
and  there  are  many  of  them.  J.  Carrol  Naish,  a  crooked  lawyer,  has 
seized  the  ranch  that  should  be  O'Brien's  by  having  one  of  his  hench- 
men pass  himself  off  as  the  rightful  heir.  The  scheme  hinges  on  the 
fact  that  O'Brien  has  not  been  located.  When  the  hero  of  the  story 
discovers  the  plot  he  joins  the  criminals,  who  never  suspect  the  truth 
until  shortly  before  the  end.  And  when  the  revelation  comes  the  fire- 
works start! 

The  romantic  angle  has  O'Brien  falling  in  love  with  a  woman  "stool" 
working  with  the  gang.  Claire  Trevor  is  the  girl.  El  Brendel  creates 
most  of  the  fun. 


"When  a  Man  Rides  Alone'* 

(Freuler) 

Tom  Tyler's  popularity  with  juveniles  was  definitely  manifested  when 
his  name  flashed  on  the  screen.  The  youngsters  in  a  neighborhood 
house  yelled  and  whistled  approval  and  their  action  was  rewarded  by 
the  cowboy's  appearance  in  a  virile  role.  Tyler  doesn't  hesitate  about 
using  his  fists  and  enjoys  knocking  around  at  least  three  villains.  The 
romance  with  Adele  Lacey  gets  under  way  during  the  latter  part  of  the 
picture. 

Being  one  of  the  many  victims  of  Al  Bridge,  who  has  fleeced  stock- 
holders of  a  gold  mine  of  their  interest,  Tyler  plays  a  lone  hand  in 
holding  up  the  coaches  transporting  the  ore.  He  distributes  it  among 
the  stockholders  and  then  sets  out  to  get  the  goods  on  the  villain. 
Bridge  kills  Miss  Lacey's  father  in  a  coldblooded  affair  and  when  the 
girl  arrives  in  town  she  immediately  takes  a  liking  to  Tyler.  After  the 
hero  rounds  up  the  villain  he  takes  up  romancing  an^  everything  ends 
satisfactorily  for  the  fans. 


"Gow" 

(States  Rights) 

"Gow"  is  a  record  of  life  and  customs  among  the  tribes  of  the  South 
Seas  made  by  Captain  E.  A.  Salisbury,  the  explorer,  during  a  recent 
trip  around  the  world. 

The  camera  invades  many  islands  of  the  tropical  Pacific.  The  opening 
scenes  show  the  soft,  peaceful  life  lead  by  the  natives  of  Tahiti.  As 
Captain  Salisbury  travels  westward  the  tribes  become  increasingly 
savage  and  dangerous.  Scenes  in  the  Solomons,  rituals  of  cannibals  and 
headhunters. 

Many  of  the  scenes  seem  surprisingly  real.  The  photography  is  not 
always  good. 

It  offers  exploitation  tieups  with  schools,  libraries  and  educational 
groups. 


FWC  Gets  Right 
To  Organize  Pool 


{Continued  from   page   1) 

ments  with  creditors  lopping  some 
$12,000,000  off  listed  clairns  of  $39,- 
000,000  and  to  issue  loan  certificates 
to  the  total  of  $208,500  against  the 
bankrupt  properties. 

The  first  report  and  accounting  of 
the  trustees  covering  the  period  to 
July  29,  last,  have  been  filed,  as  have 
the  final  reports  of  the  receivers.  The 
receivers  have  turned  over  to  the  trus- 
tees the  balance  of  $97,001  standing  at 
the  end  of  their  tenure,  April  8.  The 
trustees'  report  shows  for  the  operat- 
ing period  to  July  29  a  favorable  bal- 
ance of  $137,140,  after  disbursements 
of  $1,805,002.  Loans,  for  which  cer. 
tificates  will  be  issued,  are  to  conserve 
equities    in   various   theatres. 


M.  P.  Club's  Roster 
To  Be  Held  to  100 

Membership  in  the  Motion  Picture 
Club  will  be  limited  to  an  active  list 
of  100  under  a  reorganization  plan 
being  submitted  to  members  by  Lee 
A.  Ochs,  president.  New  member- 
ship applications  are  being  received 
up  to  Dec.  12. 

Members  will  be  asked  to  take 
action  later  on  an  offer  of  new 
quarters  for  the  club  adjacent  to  the 
Edison  Hotel  on  46th  St.  Economies 
would  be  possible,  it  is  said,  through 
operation  of  a  private  dining  room 
for  the  club  by  the  hotel  kitchen. 


Adolph  Klauber  Dead 

Louisville,  Dec.  7. — Adolph  Klau- 
ber, 64,  at  one  time  casting  director 
in  New  York  for  Samuel  Goldwyn, 
died  here  today  after  a  long  illness. 
He  was  associated  with  the  New  York 
Times  several  years  ago  as  dramatic 
critic. 


'*Women"  Drew  $325,000 

In  its  three  weeks'  engagernent  at 
the  Music  Hall,  which  ended  yester- 
day, "Little  Women"  played  to  an 
audience  of  450,701  and  a  gross  of 
nearly  $325,000,  both  record  figures, 
according  to   RKO. 


Canton  2-Man  Bill  Dies 

Canton,  O.,  Dec.  7. — A  two-man- 
in-a-booth  ordinance  sponsored  by  the 
local  operators'  union  has  been  tabled 
indefinitely  by  the  City  Council. 
George  Kraska,  Loew  manager,  led 
the  managers  of  the  city  in  their  op- 
position to  the  measure. 


Beall  Replaces  Whitbeck 

Hollywood,  Dec.  7. — "Ham"  Beall 
replaces  Frank  Whitbeck  in  charge 
of  publicity  and  advertising  at  Grau- 
man's  Chinese. 


Rothacker  Out  of  Bed 

Hollywood,  Dec.  7. — Watterson  R. 
Rothacker  is  back  home  after  being 
confined  for  a  long  time  to  a  hospital 
bed  by  pneumonia. 


Flinn  on  Way  Back 

Hollywood,  Dec.  7. — John  C.  Flinn 
is   on   his   way   back   to    New   York. 


SHOW-BUSINESS  HAS  NEVER 


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UNION 

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Make  this  a  "VE 

I 

VELVET  in  show  business  is  the  difference  |>etween  the  money  yo 
get  and  the  money  you  wouldn't  get  if  you  didn't  go  after  ii 


We've  been  tall<ing  about  the  money  "earmarked"  for  "Littli 
Women''.  .  it's  the  VELVET  for  the  kind  of  showmanship  willing  U 
spend  money  to  make  money!. ..it's  the  VELVET  for  the  showmai 
smart  enough  to  cash  in  when  opportunity  pounds  on  his  doon 

▼ 

"Little  Women"  was  made  to  order  for  the  Christmas  Holiday 
season.  No  other  attraction  could  possibly  have  its  universal 
appeal  to  people  of  all  ages  and  positions  in  life.  Throughout 
the  Nation  the  success  of  "Little  Women"  has  been  so  phenomi 
enal  and  its  reception  so  unprecedented  that  it  has  leaped  be-i 
yond  the  confines  of  show  business  and  now  belongs  to  the 
whole  wide  world  as'  an  Ideal! 

▼ 

Newspapers  by  the  hundreds  have  printed  editorials  commend-l 
ingit...  educators  have  proclaimed  holidays  and  given  credit 


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ACCrG  iNfMN. 


DETROIT.    RADIO  PICTURES  HAS  GIVEN  THEATRE  OPERATORS  A  REAL 
REASON  FOR  THANKSGIVING  STOP  AFTER  ESTABLISHING  A  NEW  HIGH 
ATTENDANCE  RECORD  AT  THE  FOX  THEATRE  LITTLE  WOMEN  OPENED 
EXTENDED  RUN  AT  THE  RKO  DOWNTOWN  TODAY  TO  THE  LARGEST 
CROWD  IN   HISTORY  OF  HOUSE  STOP  MOTION  PICTURE  CRITICS 
EDITORIAL  WRITERS  CHURCH  REPRESENTATIVES  EDUCATOR  ORGANIZA- 
TIONS AND  WOMENS  CLUBS  WERE  UNANIMOUS  IN  HEAPING  PRAISE  ON 
THE  PRODUCTION  STOP  MY  SINCERE  CONGRATULATIONS  AND  AGAIN   I 
SAY  WE  ARE  ALL  THANKFUL  FOR  LITTLE  WOMEN  D  M  IDZAL 


CHICAGO' 

ING  IN  LINE 
ELEVATED    S 
NINE  THISM. 
OUR  FONDES 
REVIEWERS    ■ 
IS  BEST  MOT- 


ilMS 


WESTER 


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TV 


TV  STER 


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KATHARINE  HEPBURN  m  UHLE 


(NOWN  ANYTHING  LIKE  IT! 


STERDAY  LARGEST 
■  rErTRE°OPBNED 

Sastextenheo 

fouND  CORNER 


5HSSa  j:-  "    vESTBRO^^  ^^NP"^?,oRi 


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ET"  Christmas! 

marks  to  pupils  for  seeing  it!  .  .  critics  without  exception  have 
lavished  praise  heretofore  unknown  in  motion  picture  history! 
...  in  every  city  and  town  attendance  and  box-office  records 
have  been  buried  beneath  a  veritable  avalanche  of  business! 


There  are  millions  of  dollars  of  ''earmarked"  money  waiting 
for  "Little  Women"  and  those  theatres  so  fortunate  as  to  play 
it  during  the  Christmas  Holiday  season  will  enjoy  undreamed 
of  attendance.  To  every  theatre  playing  "Little  Women"  we 
urge  the  most  extensive  advertising  campaign  you  have  ever 
done  .  .  .  increase  your  newspaper  space  ...  go  into  the  high- 
ways and  byways  with  posters  .  .  .  contact  your  schools  and 
civic  organizations  .  .  .  utilize  the  wealth  of  material  provided 
for  you  in  what  exhibitors  say  is  the  greatest  press  book  ever 
produced.  If  you  have  advertising  budgets  throw  them  over- 
board and  shoot  the  works,  for  this  "earmarked"  money  that 
has  been  set  aside  by  its  owners  for  this  show  and  this  show 
alone  is  your  VELVET. 


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VE  tac.E'i"'   ^ 
THEATRE  TO 
STREET    SINCE 
B  WILL  BE  BEYOND 
)P  ALL  NEWSPAPER 
IM  LITTLE  WOMEN 
EVER  PRODUCED 


BEEN  STAND-  V2.S?^^~ 


'NDJAN4P0,    _    '  "• '..-         K^ 

TO  CaPacitv  B,'*-    «APPY  Tr,  ^  ^ - 

^-CIRCLE  THEArsE 


MEMPHIS      ^ITTLE  WOMEN  SET   NEW  RECORD  FOR  MEMPHIS 
?SdA^  PLAYING  TO  SIX  THOUSAND  FIVE  HUNDRED  FIFTY  THREE 
ADMISSIONS  ON  THE  MATINEE  ALONE  STOP  AN  UNBROKEN  LINE 
OF  ONE  BLOCK  LONG  MARCHED  CONTINUOUSLY  TOT"E  BOX  OFFICE 
STOP  PUBLIC  AND  PRESS  IN  MEMPHIS  ACCLAIM  LITTLE  WOMEN 
THE  FINEST  PICTURE  THE  SCREEN  HAS  EVER  OFFERED  CONGRATU 
LATIONS  FOR  THIS  TRULY  FINE  PRODUCTION  AND  BOX  OFFICE 
ATTRACTION  ROY  PIERCE  ORPHEUM  THEATRE 


WESTERiv 

......UNION     , 

SEATTLE  " -"■. — __     'y 

WESTERN 
.„  UNION 

BOX  OFFICK  APPEAL  STOP  HOLDmo  l^t  "'^  *""  "  *'DER 
STOP  OIVE  US  MORE  LITTLE  wS^JL I""  "■"  INDIPINITE  RUN 
ON  T„,s  OREAT  PRODUCnON7oHN"p'Z.'l«°''""""°"^ 


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WESTERN 
UNION 


READING.    PARK  THEATRE  OPENED  OP  YESTERDAY  WITH 
LITTLE  WOMEN  AND  SMASHED  ALL  TIME' ATTENDANCE  RECORDS 
STOP  HOUSE  GROSSED  IN  ONE  DAY  WITHIN  A  FEW  DOLLARS  OF 
THE  RECORD  FOR  WEEK  OF  SEVEN  DAYS 


WESTERN 

.....UNION ^ 

P^EcJlT^Iifs  mSrl  c"S!r^^^°  '^'^^  «^ voND  our  ex 

WESTERN 

UNION 


•''""-:H;:;"''-^^     —"■•"•"•' ■""  ttatre  sHOWEi 


Wi 


By    LOUISA    MAY  ALCOTT    with    JOAN    BENNETT 
PAUL    LUKAS  .  .  FRANCES    DEE . . JEAN    PARKER 

EDNA  MAY  OLIVER..  Douglass  Montgomery,  Henry  Stephenson 

Dir.ct.d  by  Ceorrc  Cuker        MERIAN  C.  COOPER,  Cx.cuttv*  Producer       Kanitath  MaCEOwan,  Associate 


12 


MOTION.  PICTURE 

DAILY 


Friday,  December  8,   1933 


Better  Film 
Only  Answer, 
Cohen  Avers 


(C(»ttinued  from   page    1) 

atres  and  entertained  after  they  come 
in. 

Pictures  that  will  do  this  must  be 
made,  and  they  must  be  produced  at 
a  cost  that  will  allow  a  protit,  even 
although  every  company  in  the  busi- 
ness will  work  under  a  financial  strain. 

Comedy,  I  believe,  is  the  one  great 
essential  for  the  coming  season.  People 
really  want  to  laugh  again.  The  de- 
pression is  leaving  us  and  taking  many 
of  our  troubles  with  it.  Laughter  is 
becoming  popular,  after  the  dreary 
days,  and  motion  picture  patrons  are 
seeking  amusement. 

The  types  of  musical  pictures  that 
we  have  been  having  are  passing,  I 
think.  This  type  of  picture  will  have 
to  be  exceptional.  It  may  be  that 
romantic  musicals  will  hit  the  public 
taste,  entertainment  of  the  operetta 
type. 

The  vogue  of  the  period  film  seems 
to  be  increasing,  but  it  is  my  view  that 
such  stories  must  be  written  around 
some  famous  character.  For  example, 
Paramount  is  starring  Marlene  Diet- 
rich in  "Catherine  of  Russia"  and 
Claudette  Colbert  in  "Cleopatra." 
Greta  Garbo  is  to  be  seen  in  Metro's 
"Queen  Christina"  and  Norma  Shea- 
rer is  to  do  "Marie  Antoinette." 
Katherine  Hepburn  is  set  for  "Queen 
Elizabeth"  at  Radio,  and  Warners 
plan  to  produce  "Napoleon." 

Comedy  will  also  extend  to  the 
treatment  of  the  so-called  "sex"  pic- 
tures. The  gangster  and  horror  films 
have  had  their  day.  The  public  taste 
is  turning  to  more  simple,  human  sto- 
ries. The  charming  love  story,  which 
has  always  been  an  important  feature 
of  the  entertainment  of  the  world,  is 
coming  into  its  own  again.  The  pub- 
lic always  has  loved  such  stories  and 
I  do  not  think  that  the  taste  of  the 
people  has  changed  basically. 

These,  I  believe,  are  the  important 
changes  that  we  will  see.  We  are  due 
for  more  comedy,  more  reality  and 
frankness  in  our  stories,  more  senti- 
ment and  less  sentimentality,  more 
romance  and  less  cynicism.  If  these 
indications  are  borne  out,  I  believe 
that  days  of  great  prosperity  will  come 
back  to  the  theatres. 


A^.  O.  Expects  Mae  West 

New  Orleans,  Dec.  7. — Mae 
West's  next  for  Paramount,  "It  Ain't 
No  Sin,"  is  to  be  made  here,  it  is 
understood,  and  the  company  is  ex- 
pected to  spend  a  month  here  on  loca- 
tion. 


Two  for  Para.,  Bklyn 

"Duck  Soup"  has  been  booked  into 
the  Paramount,  Brooklyn,  starting 
Dec.  29,  and  will  be  followed  by  "De- 
sign for  Living." 


Cunningham  on  Own 

Robert  G.  Cunningham,  for  the  past 
four  years  New  York  manager  of  the 
film  manufacturing  department  of 
.^gfa,  has  resigned  to  open  his  own 
ofBce. 


Troublesome 

One  well-known  film  man 
is  troubled  on  this  repeal 
problem. 

"I  don't  know  whether  I 
ought  to  take  a  chance  drink- 
ing this  legal  liquor,"  he  said 
yesterday. 


Ifs  a  Question  if 
Fans  Spell  Actress 

HoLLVwooD,  Dec.  7. — Sally  Rand, 
who  made  the  nation  fan-conscious 
and  who  was  brought  here  by  Para- 
mount for  a  spot  in  "Bolero,"  with  an 
option  on  "Murder  in  the  Vanities," 
is  displaying  a  smoke  screen  of  tem- 
perament of  such  volume  that  it  makes 
pikers  out  of  the  higher-priced  stars 
on  the  lot.  Among  the  many  things 
that  displease  her  is  the  fact  that  she 
has  only  a  few  lines  to  speak,  wants 
more  money,  insists  that  she  is  a 
dramatic  actress  and  wants  to  be 
treated  as  such. 

The  studio  thinks  she  is  a  gpod 
dancer. 


Detroit  Withdraws 
Smoking  Ordinance 

Detroit,  Dec.  7. — An  ordinance 
prohibiting  smoking  in  theatres,  intro- 
duced in  the  City  Council  by  the 
Board  of  Fire  Commissioners,  of 
which  George  W.  Trendle,  manager 
of  the  local  Publix  theatres,  is  a 
member,  was  withdrawn  when  it  came 
up   for   hearing. 

Present  regulations,  which  permit 
smoking  in  portions  of  certain  the- 
atres that  comply  with  the  fire  laws, 
will  be  continued.  Trendle,  however, 
has  discontinued  smoking  in  the  Pub- 
lix  houses. 


Oregon  Houses  Plan 
To  Battle  Tax  Plan 

Portland,  Dec.  7.— Oregon  exhibi- 
tors face  a  possibility  of  a  four  per 
cent  tax  on  grosses  to  provide  funds 
for  pensions.  A  special  session  of  the 
legislature  has  been  called  to  act  on 
the   measure. 

Theatre  owners  have  organized 
strong  opposition  to  prevent  passage 
of  the  bill,  citing  present  heavy  state 
and  Federal  taxes,  and  increased  over- 
head due  to  labor  and  the  NRA.  Ex- 
hibitors are  retaining  legal  talent  to 
fight   the  bill. 


Price  War  Spreads 
Duals  in  St,  Louis 

St.  Louis,  Dec.  7. — The  price  war 
along  the  Grand  Boulevard  front  has 
spread  to  Loew's  State  at  Washington 
Ave.  and  Eighth  St.  Duals  were 
started  there  recently.  This  leaves  the 
Ambassador  as  the  only  first  run  with 
single  bills,  but  it  compensates  for  this 
by   putting  on  a  big  stage  show. 


Signs  Sophie  Tucker 

Sophie  Tucker  has  been  signed  by 
Majestic  for  one  picture,  leaving  for 
the  coast  Jan.  20.  On  Dec.  22,  she 
opens  at  the  Hollywood  restaurant  for 
a  three-week  booking. 


Para.  Signs  Johnson 

MofTett  Johnson,  stage  player,  has 
been  signed  by  Paramount  and  leaves 
for  the  coast  in  three  weeks. 


a 


Dancing  Lady"  Is 
Providence  Smash 


Providence,  Dec.  7. — Top  business 
was  caught  by  Joan  Crawford  in 
"Dancing  Lady,"  which  did  $16,500  at 
Loew's  State,  $4,500  over  the  average 
figure.  Paramount  also  was  above 
par  with  the  combo  bill  of  "Take  a 
Chance"  and  "Hell  and  High  Water." 
All  of  the  other  downtown  houses 
were  right  at  the  border  line,  but  busi- 
ness on  the  whole  was  good. 

Holiday  trade  was  better  than  usual 
for  Thanksgiving  despite  the  stiff  com- 
petition of  college  and  schoolboy  foot- 
ball games. 

Grosses  for  the  week  totaled  $43,700. 
.Average  is  $40,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  30: 

"TAKE  A  CHANCE"  (Para.) 
"HELL  AND  HIGH  WATER"   (Para.) 
PARAMOUNT— (2,300),    15c-40c,    7    days. 
Gross:   $7,200.     (Average,   $6,500.) 

"DANCING  LADY"  (M-G-M) 
LOEW'S  STATE— (3,800),  15c-40c,  7  days. 
Stage  show  headed  by  Eddie  Garr.     Gross: 
$16,500.     (Average,   $12,000.) 

"FEMALE"  (F.  N.) 
"MY  UPS  BETRAY"   (Fox) 
MAJESTIC  —  (2,400),     15c-40c,     7     days. 
Gross:  $6,800.     (Average,  $7,000.) 

"KING  FOR  A  NIGHT"  (Univ.) 
FAY'S— (1,600),    15c-40c,    7    days.      Holly- 
wood Revue  with  Ann  Pennington  on  stage. 
Gross:  $7,000.     (Average,  $7,000.) 

"RIGHT  TO  ROMANCE"   (Radio) 
"MASTER  OF  MEN"  (Col.) 
RKO    ALB EE— (2,300),    lSc-40c,    7    dayi. 
Gross:  $5,000.     (Average,  $7,000.) 

"ANN  VICKERS"  (Radio) 
RKO  VICTORY— (1,600),   10c-25c,  7  dayt. 
Gross:  $1,200.     (Average,  $1,000.) 


^^Duck  Soup" 
$10,500  Above 
In  Beantown 


A^.  F.  Ritchey  Is  Set 
For  European  Tour 

Norton  V.  Ritchey  of  the  Ritchey 
Export  Corp.,  which  handles  all  Mon- 
ogram productions  abroad,  will  be  oflf 
soon  on  an  extensive  tour  of  Europe 
to  close  a  number  of  distribution  deals. 
His  first  stop  will  be  London.  He 
will  be  away  several  months. 


Boston,  Dec.  7. — Grosses  pushed 
to  a  new  high  in  Boston  for  the  week 
just  closed  with  a  total  first  run 
business  of  $123,000,  highest  for  many 
moons. 

The  Metropolitan  was  high  with 
"Duck  Soup"  which  was  $10,500 
above  average  for  one  of  the  high 
marks  of  the  season  at  that  house. 
Qose  on  the  trail  for  high  honors 
was  Loew's  State  with  "Christopher 
Bean"  which  came  in  for  some  of  the 
indirect  Marie  Dressier  birthday  pub- 
licity and  cashed  in  on  it. 

Both  RKO  houses  fared  well, 
"Chance  at  Heaven"  scoring  $5,000 
above  average  and  "Berkeley  Square" 
going  $3,000  over  the  top.  "I'm  No 
Angel"  played  a  second  week  and 
fared  within  $500  of  its  first  week 
gross  at  the  day  and  date  houses,  Fen- 
way and   Paramoimt. 

Total  first  run  business  was  $123,- 
000.     Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing   November    23    were: 

"CHANCE   AT   HEAVEN"    (Radio) 

BOSTON— (2,900),  2Sc-S0c,  7  days.  Cotton 
Club    Show.        Gross:    $21,000.        (Average, 
$16,000.) 
"I'M  NO  ANGEL"  (Paramount)  2nd  Week 

FENWAY— (1,800),  30c-50c,  7  days. 
Gross:   $10,000.       (Average,   $9,000.) 

"BERKELEY   SQUARE"    (Fox) 

KEITH'S— (3,500),  30c-50c,  7  days.  Gross: 
$19,000.         (Average,     $16,000.) 

"CHRISTOPHER  BEAN"   (M-G-M) 

LOEW'S  STATE— (3,700),  35c-50c,  7 
days.  Vaude.  Gross:  $22,500.  (Average, 
$16,000.) 

"DUCK   SOUP"    (Paramoimt) 

METROPOLITAN  —  (4,350),     30c-6Sc,     7 
days.        Bernice    Claire    in    person.    Gross: 
$38,500.        (Average,    $28,000.) 
"I'M  NO  ANGEL"  (Paramount)  2nd  Week 

PARAMOUNT— (1,800),  30c-50c,  7  days. 
Gross:    $12,000.       (Average,    $9,000.) 


PICTURES  NOW  1 
READY  FOR  RELEASE 

JOE      E.     BROM^N 

eooiir  eooi^ 


LUCKY  BOY 

DR.   MUGO     RIESENFELD 


^<V     !•^ 


FAUST 


//  AN 

OPERATIC 
GEM 


Book  Through  Your  Local  Exchange 


The  Leading 

Daily 

Newspaper 

of.  the 

Motion 

Picture 

Industry 


MOTION  picture! 

DAI  LY 


Alert, 
Intelligent 
and  \\. 

Faithful      \) 
Service  to' 
the  lnd«K5try 
in  All 
Branches 


VOL.  34.    NO.  135 


NEW  YORK,  SATURDAY,  DECEMBER  9,  1933 


TEN  CENTS 


EXPECT  EXECUTIVE  ORDER 
TO  STAND  PENDING  TRIAL 


PublixUnit 
Receives  Bid 
Of  $1,800,000 


A  bid  of  $1,800,000  for  the  assets 
and  properties  of  Publix  Enterprises, 
Inc.,  is  made  by  Famous  Theatres 
Corp.,  recently  organized  Paramount 
Publix  subsidiary,  as  the  basis  of  the 
reorganization  plan  for  the  bankrupt, 
made  public  yesterday. 

Sale  of  the  assets  will  take  place 
Dec.  21  in  the  offices  of  Henry  K. 
Davis,  referee  in  bankruptcy.  Famous 
Theatres'  offer  must  be  acted  on  be- 
fore Dec.  23  and  it  is  regarded  as 
unlikely  that  any  other  bid  will  be 
received. 

A  final  computation  of  what  set- 
tlement will  be  made  with  creditors  of 
Publix  Enterprises  on  the  basis  of 
the  $1,800,000  bid  cannot  be  made 
yet,  owing  to  the  fact  that  a  number 
of  contested  claims  against  the  bank- 
rupt have  not  been  ruled  on  by  the 
referee.  Present  indications  are, 
however,  that  the  bankrupt  may  be 
(.Continued  on  paqe  2) 


Cullman  Anticipates 
Balance  of  $25,000 

Howard  S.  Cullman,  receiver  for 
the  7th  Ave.  Roxy,  anticipates  a  net 
profit  of  about  $25,000  when  he  sub- 
mits his  25  weeks'  report  on  opera- 
tion to  Federal  Judge  Francis  G.  Caf- 
fey  on  Dec.  12.  This,  he  says,  will 
compare  with  a  net  loss  of  $230,000 
for  the  same  period  last  year.  He 
was  not  the  receiver  last  year. 

Last  week  Cullman  announced  that 
for  21  weeks  of  his  second  six  mpnths' 
term  which  is  drawing  to  a  close,  the 
net  operating  profit  after  fixed 
charges  was  $2,821.99.  This  did  not 
include  bond  interest  and  depreciation. 
Cullman  is  expected  to  be  continued 
as  receiver. 


Ohioans  May  Decide 
On  United  Tax  Fight 

Columbus,  Dec.  8. — Ohio  exhibi- 
tors may  yet  put  up  a  united  front  in 
their  tax  fight  before  the  Legislature. 

Moe  Horwitz  and  George  Erdmann, 
officers  of  the  new  organization  of  in- 
dependents, attended  the  M.  P.  T.  O. 
(Continued  on  page  2) 


Court  Delays 
On  Radio  City 
Lease  Action 


Decision  on  new  leases  on  the  two 
Radio  City  theatres  was  postponed 
yesterday  when  Walter  Reade,  an 
RKO  creditor,  who  appeared  before 
U.  S.  District  Judge  William  Bondy 
to  oppose  the  agreements,  was 
granted  the  right  to  prepare  evidence 
to  sustain  his  contention  that  opera- 
tion of  the  Music  Hall  and  the  RKO 
Roxy  was  jeopardizing  the  chances  of 
the  RKO  circuit  to  rehabilitate  itself. 
This  evidence  will  be  presented  to 
Judge  Bondy  on   Dec.   18. 

Reade,  who  referred  to  the  Radio 
City  houses  variously  as  "lame 
ducks,"  "lemons,"  and  as  "no  good 
theatrically,"  said  the  leases  should 
not  be  approved  because  the  two 
houses  were  "punishing  the  other 
theatres    in    the    RKO    circuit."     He 

(Continued  on  page  2) 


Leaders   Spend   Hour  with  President,  hut 

General  Johnson  Intimates  No  Change 

Will  Be  Made  for  the  Present 


Bigger  U.  A,  Studio 
Now  Being  Planned 

Hollywood,  Dec.  8. — With  some  of 
the  companies  contributing  to  the 
United  Artists  schedule  forced  to  seek 
studio  facilities  outside  of  the  U.  A. 
lot,  Robert  Fairbanks,  new  studio 
manager,  is  knee  deep  in  plans  for  en- 
larging the  plant. 

As  it  was  in  the  case  when  20th 
Century,   Sam  Goldwyn  and   Reliance 

(Continued   o}l   page  2) 


By  RED  KANN 

Washington,  Dec.  8. — Leaders  of  the  film  industry  today  made 
what  promised  to  be  a  futile  effort  to  secure  changes  in  the  execu- 
tive order  of  Nov.  27. 

Intimations  that  the  Administration  would  stand  firmly  behind 
the  executive  order  as  originally  issued,  at  least  until  a  fair  trial 
of  the  code  has  demonstrated  the  need  for  changes,  were  given  by 
Recovery  Administrator  Hugh  S.  Johnson  following  a  lengthy  con- 
ference with  the  executives  at  the  White  House. 

For  the  first  time  since  the  code  was  originally  proposed  Presi- 
dent Roosevelt  today  received  a  formal  delegation  of  film  leaders. 

For  nearly  an  hour  the  President  lis- 
tened to  the  objections  of  Will  H. 
Hays  and  the  two  associates  who  com- 
prised the  committee  representing  the 
industry.  With  General  Johnson  and 
Deputy  Administrator  Sol  A.  Rosen- 
blatt, he  surveyed  the  entire  situation, 
displaying  a  comprehensive  knowledge 
of  the  industry  and  the  situation 
which  brought  the  film  leaders  to 
Washington. 

The  Administration's  viewpoint,  it 
was  represented  following  the  confer- 
ence, is  that  the  provisions  of  the  ex- 

(Continued    on   paqe  4) 


Court  Denies  Moves 
In  Investors'  Case 

Federal  Judge  Marcus  B.  Campbell 
in  Brooklyn  yesterday  denied  a  mo- 
tion of  Robert  P.  Leyis,  attorney  for 
New  York  Investors,  Inc.,  now  in 
equity  receivership,  to  have  certain 
allegations  stricken  from  the  petition 
of  Archibald  Palmer  to  have  the  con- 
cern declared  bankrupt.  The  allega- 
tions Levis  sought  to  have  stricken 
out  are  to  the  effect  that  the  corpora- 
tion is  insolvent.  Trial  to  determine 
the  corporation's  solvency  has  been 
set  for  Jan.  3. 

Dec.  18  has  been  set  for  a  hearing 
on  the  application  of  the  Realty  As- 
sociates Securities  Corp.,  bankrupt 
subsidiary  of  New  York  Investors,  for 
confirmation  by  the  court  of  its  pro- 
posed settlement  to  creditors. 


Code  Effective  Without  Any 

Stockholder  Moves,  Is  Claim 

Washington,  Dec.  8. — Failure  immediately  to  comply  with  the 
film  code  on  the  ground  that  approval  of  boards  of  directors  or 
stockholders  must  be  secured  will  not  be  acceptable  to  government 
officials,   it   was  learned   today. 

Statements  by  industry  leaders  that  they  would  have  to  go  to 
their  stockholders  before  they  could  operate  under  the  code  drew 
from  Federal  officials  the  declaration  that  the  agreement  is  the 
law  for  the  industry.  In  no  instance,  it  was  pointed  out,  does  it 
make  any  difference  whether  stockholders  approve  a  law  or  not — 
it  is  the  law  just  the  same.  Members  of  the  industry  will  be  ex- 
pected to  comply  immediately  with  all  provisions  of  the  code 
affecting  their  particular  branch  of  the  business. 


Rosenblatt  to  Talk 
Upon  the  Code  Here 

Deputy  NRA  Administrator  Sol  A. 
Rosenblatt  will  discuss  the  code  and 
answer  all  questions  pertaining  to  any 
of  its  clauses  at  a  meeting  to  be 
called  for  the  benefit  of  local  exhibi- 
tors by  Charles  L.  O'Reilly,  president 
of  the  T.  O.  C.  C. 

Date  of  the  meeting  will  be  set  as 
soon  as  the  code  authority  meets  and 
organizes.  This  is  expected  to  take 
place  sometime  next  week.  The  lo- 
cal exhibitor  session  will  be  held  at 
the  Astor  and  members  of  the  I.  T. 
O.  A.  and  Allied  of  New  Jersey  as 
well  as  other  neighboring  units  will 
be  invited  to  attend. 


Memphis  Hopes  for 
One  of  Code  Boards 

Memphis,  Dec.  8. — Memphis  is  al- 
ready bidding  for  one  of  the  grievance 
boards  to  be  set  up  under  the  code. 

The  town  is  full  of  grievances  and 
so  is  the  adjoining  territory.     Unless 

(Continued  on  page  4) 


MOTION  PICTURE 

DAILY 


Saturday,   December  9,    1933 


MOTION  PICTURE 

DAILY 

(.Kcgisteretl   U.   S.   Patent  Office) 


Vol. 


■nibcr    9.    19o3 


No.    135 


MaSTIN    iJUICLEY 

Edxtor-in-Chief  and  Publisher 


MAURICE    KANN         ^^i 

Editor 
JAMES  A.   CRON 

AJierlisini}   Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quigley  Publications,  Inc., 
Martin  Quigley,  President;  Colvin  Brown, 
VicePrcsnicut  and   Treasurer. 

Publication  Office:  1790  Broadway,  New 
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dress "*Juigpubco,  New  York."  All  con- 
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PICTURE  ALMANAC  and  THE  CHI- 
CAGO AN. 

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Entered  as  second  class  matter  January 
4,  1926  at  the  Post  Office  at  New  York 
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Subscription  rates  per  year:  $6  in  the 
Americas,  except  Canada  $15  and  foreign 
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Publix  Unit 
Receives  Bid 
Of  $1,800,000 


Bernhardy  Hoffman 
Inspect  Pittsburgh 

Pittsburgh,  Dec.  8. — Joe  Bern- 
hard  and  I.  J.  Hoffman.  Warner  the- 
atre heads,  made  a  flying  visit  to 
Pittsburgh  yesterday.  They  spent  the 
day  in  conference  with  executives.  In 
their  wake  followed  rumors  of  policy 
changes. 

It  was  learned  that  the  Davis, 
downtown  first  run,  which  will  be 
closed  for  the  next  two  weeks,  is  to 
reopen  definitely  on  Christmas  Day. 
It  was  first  reported  that  the  Davis. 
due  to  a  shortage  of  product,  might 
remain  closed   indefinitely. 

Eddie  Moore,  city  manager  at 
Johnstown,  is  to  be  made  Main  Line 
district  manager,  according  to  Harry 
Kalmine,  succeeding  Gilbert  Joseph- 
son,  who  resigned  two  months  ago. 

Ohioans  May  Decide 
On  United  Tax  Fight 

(.Continued  from   page    1) 

convention  here  earlier  this  week  and 
told  M.  P.  T.  O.  members  they  were 
anxious  to  get  together  on  a  program. 
Similar  sentiments  have  been  ex- 
pressed by  Xat  Charnas  and  Jack 
O'Connell  of  Toledo.  N.  J.  Kirch- 
baum  of  Akron,  and  Ernest  Schwartz, 
Henry  Greeberger.  Myer  Fine,  Harry 
Horwitz  and  Paul  Gusdanovich  of 
Cleveland. 

P.  J.  \\Vx,d  of  the  M.  P.  T.  O.  is 
willing,  and  it  is  expected  a  confer- 
ence will  be  held  within  a  few  days. 


/.  H.  Seidelman  III 

Jo.seph  H.  .Seidelmati,  foreign  gen- 
eral manager  for  Columbia,  is  con- 
fined to  his  home  ilL 


(Continued  from   page   1) 
in  a   position  to  pay  off  at   approxi- 
mately  32  cents   on   the   dollar. 

This  figure  is  based  on  the  total 
claims  allowed  to  date,  which  aggre- 
gate $4,989,742.  Allowing  for  ex- 
penses of  $240,000  for  administration 
of  the  bankrupt  estate,  which  will  be 
deducted  from  the  sale  price,  there 
will  remain  $1,560,000  with  which  to 
I)ay  oft'  Publix  Enterprises'  creditors. 
Total  assets  of  the  company  listed  for 
Dec.  21  sale  include  accounts  receivable 
from  Publi.N.  Enterprises'  subsidiaries 
amounting  to  a  normal  book  value  of 
$17,199,276;  stock  holdings  of  56,178 
shares,  representing  the  bankrupt's  in- 
terest in  79  theatre  subsidiaries ;  a 
present  indeterminate  interest  in  six 
new  theatre  corporations,  which  rep- 
resent reorganizations  of  the  former 
Fubli-N;  Newport  News,  Publix  In- 
diana, Publix  South  Bend,  Southern 
Enterprises  of  Texas,  M.  A.  Shea 
(Ohio),  and  A.  H.  Blank  circuits. 
In  addition,  there  are  miscellaneous 
assets  which  include  $47,818  in  notes 
receivable  and  1,066  shares  in  W.  S. 
Butterfield  Theatres,  Inc.,  Michigan, 
and  the  Jacksonville  Driving  Club. 
Subsidiaries  Bankrupt 
.-\  number  of  the  theatre  subsidiaries 
of  Publi.x  Enterprises  arc  currently 
involved  in  either  bankruptcy  or  re- 
ceivership, negating  to  a  large  extent 
the  imposing  total  of  assets  listed  for 
sale.  An  independent  appraisal  of 
the  bankrupt's  assets  recently  made 
for  the  U-  S.  District  court  here 
fixed  their  current  value  at  approxi- 
mately $2,000,000. 

Total  claims  filed  against  Publix 
pjiterprises  bv  creditors  aggregated 
$13,381,333.  Of  this  amount,  $972.- 
660  have  been  disallowed  by  the  ref- 
eree and  expunged ;  $592,327  were 
sub.sequently  withdrawn  by  the  claim- 
ants: $3,557,377  are  in  future  rent 
claims  under  theatre  leases  held  at 
the  time  of  bankruptcy,  and  have  been 
objected  to  by  trustees  for  the  bank- 
rupt, with  indications  that  all,  or  most, 
will  not  be  allowed.     In  addition,  re- 


ductions in  original  claims,  amounting 
to  $3,126,129,  have  been  consented  to 
by  the  claimants. 

The  reductions  in  original  claims 
were  consented  to  by  Publix  Theatres 
Corp.,  whose  claim  of  $5,667,442  was 
reduced  to  $2,833,721 ;  the  trustees  in 
liankruptcy  of  Paramount  Publix 
Corp.,  whose  claim  of  $1,056,500  was 
reduced  to  $792,375,  and  the  joint 
claim  of  Commercial  Investment 
Trust,  Jnc,  and  United  States  & 
Foreign  Securities  Corp.,  whose  claim 
of  $465,660  was  reduced  to  $437,377. 
All  of  these  consent  reductions  ob- 
tained by  the  trustee  for  Publix  En- 
terprises will  be  passed  on  Dec,  21 
by   Referee   Davis. 

Offer  Allows  Some  Claims 

In  view  of  the  reductions  made  in 
these  claims,  it  is  anticipated  that 
they  will  be  allowed  at  the  reduced 
figures.  In  addition.  Famous  The- 
atres' purchase  ofTer  allows  20  other 
claims  aggregating  $926,269.  The  to- 
tal claims  allowed  under  the  Famous 
Theatres'  offer,  therefore,  aggregate 
$4,206,571.  It  is  regarded  as  extreme- 
ly doubtful  whether  any  other  claims 
will  be  allowed,  in  addition  to  these. 
On  this  basis,  Paramount  Publix's 
claim  would  be  paid  off  at  approxi- 
mately $250,000,  and  Publix  Theatres' 
claim  at  approximately  $925,000,  with 
about  $385,000  remaining  for  all  other 
creditors'    claims    allowed. 

Famous  Theatres'  offer  involves  the 
payment  of  $240,000  at  the  time  of  the 
sale,  this  amount  to  be  used  for  the 
bankrupt's  administration  expenses.  A 
further  payment  is  provided  for  in 
the  form  of  dividends  on  creditors' 
claims  allowed  under  the  offer,  these 
dividends  to  be  credited  to  Famous 
as  part  of  the  purchase  price.  The 
balance  of  the  payment  is  to  be  by 
certified  check  to  be  held  by  Irving 
Trust  Co.,  as  trustee  for  Publix  En- 
terprises, to  be  held  in  a  special  fund 
for  40  days,  out  of  which  payments, 
if  any.  will  be  made  on  claims  allowed 
following  the  purchase. 

Y.  F.  Freeman,  former  Publix  ac- 
counting head,  is  president  of  Fa- 
mous. 


Court  Delays 
On  Radio  City 
Lease  Action 


Wobber,  Clark  on  Coast 

Hollywood,  Dec.  8. — Herman  Wob- 
ber  and  John  D.  Clark  are  here  on 
their  swing  of  Fox  exchanges  in  the 
Kent  Drive.  S.  R.  Kent  arrived  here 
yesterday  for  conferences  with  studio 
ofKcials. 


(.Continued  from  page  1) 
asserted  that  such  business  as  has 
been  done  by  "Little  Women"  at  the 
Music  Hall  would  "hurt  subsequent 
runs  30  per  cent."  This,  he  said,  would 
outweigh  immediate  profits  from  the 
$325,000  gross  of  the  picture  in  its 
three  weeks  at  the  theatre. 

"Only  a  sucker  corporation,"  he 
asserted,  "would'  run  these  houses 
under  present  terms."  Reade  offered 
RKO  the  use  of  the  Earl  Carroll,  the 
Mayfair  or  any  other  of  his  houses 
here  at  a  yearly  rental  of  $75,000  in 
pointing  out  what  he  considered  the 
"exorbitant"  rental  on  the  Radio 
City  houses. 

Herbert  Colton  of  Reade's  legal 
staff  told  Judge  Bondy  that,  whereas 
the  picture  rental  at  the  Music  Hall 
was  only  15  per  cent  of  the  gross,  it 
would  be  possible  for  RKO  to  obtain 
70  per  cent  on  the  gross  over  theatre 
operating  expenses  were  the  films  now 
being  booked  into  the  house  shown  in 
other  Broadway  first  runs. 

Horace  Lamb,  representing  the  re- 
ceivers, the  Irving  Trust  Co.,  in 
arguing  for  acceptance  of  the  leasing 
agreements,  said  that  things  vvere 
looking  brighter  for  the  houses.  He 
asserted  that  September  and  October 
cash  receipts,  after  operating  ex- 
penses and  working  capital  had  been 
accounted  for,  showed  a  balance  of 
$188,985.  During  the  run  of  "Little 
Women,"  he  added,  conditions  had 
taken    a    still    better    turn. 

"The  Music  Hall,"  Lamb  told  the 
court,  "is  probably  the  most  desirable 
theatre  in  the  country,  and  it  is  neces- 
sary that  it  should  coQtinue  to  exploit 
RKO  pictures,  which  would  receive 
better  exploitation  there  than  else- 
where," adding  that  "there  are  indi- 
cations there  will   be  profits." 

The  new  leasing  agreement  is  for 
the  period  from  Sept.  1  of  this  year 
to  Aug.  31,  1934. 


Warner  Pfd.  Up  One  on  Big  Board 


,,  ,       , .      „.  Hlch 

( '>lunniia     I'lctures.    vtc 26!/2 

Consolidated    Film    Industries,   pfd 9 

Eastman    Kodak    o7i/ 

OX    Film    "A" ]3^ 

Loew's.  Inc 32.VJ 

r,rK-w'9.    Inc..    pfd (^ 

Paramount   Publix Mi 

Pathe    ExchanRe    !!!!!!]     2Vii 

Pathe    Exchanere    "A" ^v/, 

RKO :;:;:;;::  2% 

Warner    Uros ^i^ 

Warner    Bros. .    pfd )9t/^ 


1^0  w^ 

26 
9 

sm 

13K 
305i 
68 

l!/2 

m 

12 

2 

19T4 


Close 

2654 
9 
83 
1354 
3VA 
68 

VA 

2 
13'/. 

2 

6 
1954 


Net 
Chan«[e 

+  Ve. 

-'A 


4-1^8 


+  \ 
-1-1 


+  54 
+1 


Trading  Light  on  Curb 


_,     ,     .     ,  Hitch      Low 

Technicolor     wy^  9,/^ 

Trans    I.ux    ,7^  \y^ 


Net 
Close      Change 

m     ..  .. 


Paramount  Broadway  Bonds  Off  ly^ 


Cii-nrra]   Theatre    Equipment  6s   '40 VA 

Keith  v..  F.  6,  -46 ;;;;;;;  47* 

I>-jcw'9   6s    Ml.    WW   deb    rights .........'.'.  8154 

Paramount    Broadway    5'A%    '51 .......'.'  28^ 

Paramoimf    F.    I,     6i    '47 2.S 

Paramount    Publix    S'Xs    '50 ■>'$ 

Pathe  7s   '37,    ww 8154 

Warner    Bros.    6s    '39,    wd 41 


Low 

354 
46 
81 

287/^ 
247^ 
24 

»VA 
4054' 


Net 
Close     Change 

m    -  54 

47  

81  

25 
24 
815^ 
4054 


+l'A 

+  V. 


+  54 


Sales 

900 
lOO 

1,600 
200 

9.500 
1 

i.ino 

3.400 
2..^0O 

400 
5.500 

300 


Sales 

2.700 
100 


Sales 

.S 
11 
29 

3 

9 
15 

5 
30 


Bigger  U.  A.  Studio 
Now  Being  Planned 

(Continued  from   page   1) 

were  all  making  pictures  at  the  same 
time,  much  of  the  work  had  to  be 
divided  between  Metropolitan,  Pathe 
and  Educational  studios,  necessitating 
additional  expense  for  transportation 
and  indirect  supervision  of  set  con- 
struction. 

Studio  enlargement  is  said  to  be 
essential  to  meet  the  present  demands 
of  20th  Century,  Sam  Goldwyn  and 
Reliance,  and  the  forthcoming  activi- 
ties of  Harold  Lloyd,  Mary  Pickford 
and  Howard  Hughes. 


Abramson  Suit  Settled 

Mortimer  Hayes,  attorney  for  Ivan 
Abramson  and  the  Graphic  Film  Co., 
said  yesterday  a  settlement  had  been 
effected  out  of  court  on  the  $1,500,000 
anti-trust  suit  brought  by  him  against 
the  Hays  office  and  major  producers. 

Abramson  and  the  Graphic  company 
charged  a  conspiracy  to  put  them  out 
of  business.  The  case  had  been  pend- 
ing for  three  years.  Attorney  Hayes 
declined  to  divulge  the  amount  of  the 
settlement,  but  said  that  it  involved 
both    cash    and    other    considerations. 


Greeted  With 

APPLAUSE 


EASTMAN  Background  Negative  is 
winning  wide  acclaim  among  the  many 
producers  and  cameramen  who  have  already 
discovered  its  possibilities.  Its  remarkably 
fine  grain  meets  the  prime  requirement  of 
background  shots  that  are  to  be  projected 
and  rephotographed.  Other  qualities  .  .  . 
particularly  a  surprising  degree  of  speed  .  .  . 
give  it  a  potential  versatility  that  may  well 
lead  to  finer  photography  in  other  direc- 
tions. Eastman  Kodak  Company,  Rochester, 
N.  Y.  (J.  E.  Brulatour,  Inc.,  Distributors, 
New  York,  Chicago,  Hollywood.) 


EASTMAN 

Background  Negative 


MOTION-  PICTURE 

DAI  L  Y 


Saturday,   December  9,    1933 


No  Code  Shift 
Pending  Trial 
Is  Looked  For 


(Continued  from   page   1) 

ecutive  order  to  which  the  industry 
lakes  exception,  that  is  those  para- 
graphs vesting  the  Administrator  with 
wide  powers  to  control  the  activities 
of  the  code  authority,  even  to  the  ex- 
tent of  removing  members  who,  in  his 
opinion,  may  not  be  acting  in  a  fair, 
impartial  and  just  manner,  are  merely 
the  safeguards  of  fair  treatment  car- 
ried in  the  Industrial  Recovery  Act 
itself,  and  here  transferred  bodily  in- 
to the  executive  order  governing  the 
film    industry. 

Because  of  this  fact,  it  was  pointed 
out  by  General  Johnson  following 
the  meeting,  the  President  would  be 
very  reluctant  to  take  any  step  which 
might  be  construed  as  lessening  the 
recovery  administration's  autliority 
over  the  industry  when,  because  of 
the  law  itself,  there  would  actually  be 
no  concession  whatever.  Furthermore, 
it  was  indicated,  the  code  is  just  go- 
ing into  effect ;  it  may  radically 
change  methods  of  operation  in  man^ 
branches  of  the  industry;  it  contains 
many  provisions  requiring  methods 
which  are  new  and  untried,  and  a  fair 
opportunity  should  be  given  to  gauge 
the  workability  of  those  clauses. 

Points  Out  Recovery  Act 

Although  there  appears  to  be  the 
impression  among  the  leaders  of  the 
industry  that  the  inclusion  in  the  ex- 
ecutive order  of  the  three  offending 
paragraphs  constitutes  a  discrimina- 
tion against  their  particular  business, 
such  is  not  the  fact,  according  to  re- 
covery administration  officials,  who 
point  for  proof  to  the  law  itself. 

Their  answering  argument  hinges 
around  Section  3,  Sub-Division  A  of 
the  National  Industrial  Recovery  Act 
which  reads:  "The  President  may,  as 
a  condition  of  his  approval  of  such 
code,  impose  such  conditions  (includ- 
ing requirements  for  the  making  of 
reports  and  the  keeping  of  accounts) 
for  the  protection  of  consumers,  com- 
petitors, employes  and  others,  and  in 
furtherance  of  the  public  interest,  and 
may  provide  such  exceptions  to  and 
exemptions  from  the  provisions  of 
such  code  as  the  President,  in  his  dis- 
cretion, deems  necessary  to  effectuate 
the  policy  herein  declared." 

-Additionally  the  following,  which  is 
a  direct  excerpt  from  Section  10,  Sub- 
Division  B,  of  the  N.I.R.A.  text,  is 
pointed  to  as  further  evidence  that  the 
President  merely  has  exercised  his 
authority,  vested  in  him  under  the  law 
which  bears  on  all  industry  alike : 
"The  President  may  from  time  to 
time  cancel  or  modify  any  order,  ap- 
proval, license,  rule,  or  regulation  is- 
sued under  this  title;  and  each  agree- 
ment, code  of  fair  competition,  or 
license,  approved,  prescribed,  or  is- 
sued under  this  title  shall  contain  an 
express  provision  to  that  effect." 

It  is  represented  to  be  the  view- 
point of  the  Administration  that  it 
does  not  follow  that  the  self-regula- 
tion of  the  film  industry  under  the 
code  authority  will  be  at  all  inter- 
fered with  or  interrupted,  as  the 
leaders  of  the  business  are  known  to 
feel,  and  that  if  this  thought  actually 
is  in  their  minds  they  are  in  error 
in  drawing  such  a  conclusion. 


The  Administration  fully  under- 
stands the  attitude  assumed  by  the 
leaders  of  the  business  along  these 
lines,  but  points  out  that  the  vetoing 
power  aspects  of  all  codes  has  been 
stressed  time  without  end  by  General 
Johnson  in  the  last  few  months. 

Objections  Are  General 

Practically  all  industries  previously 
codified  have  more  or  less  openly  re- 
sented the  check  reins  held  over  them 
by  the  Administration  and,  therefore, 
the  reaction  of  the  film  industry  is 
viewed  here  neither  with  surprise  nor 
shock. 

How  the  industry  feels  about  the 
much-discussed  executive  order  and 
what  it  wanted  done  about  it  was 
made  clear  through  representations 
made  by  Hays  as  president  of  the 
M.P.P.D.A.,  J.  Robert  Rubin,  vice- 
president  of  M-G-M,  and  George  J. 
Schaefer,  vice-president  and  general 
manager  of  Paramount. 

As  they  arrived  at  the  White  House 
at  3:53  P.M.  for  their  4  o'clock  con- 
ference with  the  President,  their  as- 
sociates, a  sizeable  blue  book  of  im- 
portant industry  names,  remained  be- 
hind at  the  Carlton  for  the  results  of 
the  meetmg.  Here  were  either  the 
presidents  or  ranking  eastern  execu- 
tives of  all  the  major  companies,  in- 
cluding Adolph  Zukor,  president  of 
Paramount;  Harry  M.  Warner,  pres- 
ident of  Warners;  Nicholas  M. 
Schenck,  president  of  Loew's  Inc 
and  M-G-M ;  Joseph  M.  Schenck] 
president  of  United  Artists  and  20th 
Century;  Jack  Cohn,  vice-president 
of  Columbia,  and  R.  H.  Cochrane 
vice-president  of  Universal. 

The  designated  committee  of  three 
entered  the  portals  of  the  executive 
offices  at  seven  minutes  before  4 
o  clock  and  left  at  5:15  o'clock.  Prob- 
ably they  were  closeted  with  the 
President  for  the  better  part  of  an 
hour.  Deposited  in  a  reception  room 
tliere  preceded  them,  following  a 
regular  Friday  press  conference  Sec- 
retary of  the  Interior  Ickes  and  Act- 
mg  Secretary  of  State  Phillips,  who 
had  appointments  with  the  President. 

Uriginally  set  for  noon  today  the 
conference  was  put  back  to  4  o'clock 
pending  the  return  to  Washington  of 
Johnson  following  his  speech  in  New 
i  ork  the  previous  evening 

In  keeping  with  White  House  pro- 
cedure, no  statements  were  made  at 
the  conclusion  of  the  conference. 
Hays,  Rubin  and  Schaefer,  as  well  as 
Johnson  and  Rosenblatt,  referred  all 
.nr,u,ries  to  the  President,  but  from 
r,L^  lu  ^'^^^"f'^e,  as  was  antici- 
pa^d,  there  emerged  nothing. 

noJt^nSi  ^^^  ^"ti'-e,  delegation  of  im- 
portant film  men  held  a  meeting  with 
Ro.senblatt.  The  anticipation  close  to 
midnight  was  that  the  group  wou  d 
emain  over  until  Saturday  for  a  po 

hu  ihT'l"-^  "'■""^'".^  '"'^'^  Johnson, 
nffiJ^  %u""^  '"    "'^    administrator- 

Buildi'ng.*'^  '''''''"'''''  ^'  C°-— 

sinnc  ^'^l  ""derstood  that  the  discus- 
sions subsequent  to  the  White  House 
conference  had  to  do  with  code  ma! 
ch.nery    and     code     authority,     si^ce 

bers  o  tha  body.  These  were  War- 
ner N.cholas  M.  Schenck,  Schaefer 
anrl   Cochrane. 


Coast  Men  Act  on  Code 

Hollywood,  Dec.  8.  —  Independent 
exhibitors  of  southern  California  at 
a  rneeting  voted  unanimously  to  make 
zoning  and  clearance  retroactive  when 
general  zoning  is  set  up  under  the 
code. 


Memphis  Hopes  for 
One  of  Code  Boards 


(Continued  from   page    1) 

one  of  the  boards  is  established  here, 
there  is  going  to  be  an  awful  lot  of 
traveling  to  the  nearest  one. 

M.  A.  Lightman's  difficulties  with 
local  union  labor  have  dragged  on  for 
months,  both  parties  hopeful  that  the 
code  would  show  the  way  out  of  the 
dilemma.  The  question  of  admissions 
is  also  causing  no  end  of  argument, 
particularly  between  subsequent  run 
houses   and   Loew. 

Union  contracts  with  every  neigh- 
borhood theatre  in  the  city  except  one 
will  expire  the  first  of  the  year,  and 
there  is  every  reason  to  believe  that 
labor  troubles  will  become  general, 
unless  there  is  some  board  with  au- 
thority to  meet  the  situation. 


Md.  MPTO  Talks  Code 

Baltimore,  Dec.  8. — Code  opera- 
tions were  explained  today  at  a  meet- 
ing of  the  M.  P.  T.  O.  of  Maryland 
by  J.  Louis  Rome,  chairman  of  its 
NRA  committee.  Frank  A.  Horning, 
president,  presided.  Harry  Cluster 
represented  the  Independent  Opera- 
tors' and  Managers'  Ass'n.  He  said 
the  terms  of  the  code  regarding  oper- 
ators' hours  were  agreeable  to  his 
members. 


Hurley  Back  on  Coast 

Hollywood,  Dec.  8. — Harold  Hur- 
ley gets  back  in  town  Sunday  from 
New  York.  Producer's  first  picture 
for  Paramount  will  be  "Sailor  Be- 
ware." 

Hurley  was  formerly  in  charge  of 
production  on  all  westerns,  but  at 
present  the  studio  hasn't  a  single  cow- 
boy epic  listed  on  the  program. 


Majestic's  Strand  Date 

Warner's  Strand  has  booked  Ma- 
jestic's "The  Sin  of  Nora  Moran," 
with  Zita  Johann  and  Allan  Dinehart. 
to  open  Dec,  12.  Special  exploitation 
on  the  picture  is  planned  by  Majestic 
for  its  key  city  openings.  Martin 
Mooney  has  been  appointed  to  the 
exploitation  staff  being  organized  by 
Bert    Ennis,    Majestic   ad   manager. 

Col.  Signs  Kiepura 

Berlin,  Dec.  8.— Jan  Kiepura  has 
been  signed  to  appear  in  two  pictures 
for  Columbia.  He  recently  came  here 
from  the  United  States  and  is  ex- 
pected to   return  there  shortly. 


Savage  with  Amity 

Jack  Savage,  formerly  connected 
with  Tiffany  Pictures,  is  now  head  of 
the  advertising  department  and  chief 
of  exploitation  for  Amity  Pictures 
Corp. 


Stahl  Heading  East 

Hollywood,  Dec.  8.— John  M.  Stahl 
IS  bound  for  New  York  in  search  of 
a  colored  girl  light  enough  to  pass  for 
white  for  a  role  in  Fanny  Hurst's 
"Imitation  of  Life." 


Borrows  Madge  Evans 

Hollywood.  Dec.  8.— Fox  has  bor- 
rowed Madge  Evans  from  M-G-M  for 
the  lead  opposite  Warner  Baxter  in 
"Fox   Movietone  Follies." 


N.  0.  Liberty  Closed 

New  Orlean.s,  Dec.  8.— The  Lib- 
erty, operated  by  the  Pokorny  Estate, 
closed  yesterday  without  notice. 


Rosenberg  New  Head 
Of  Northwest  Allied 

Seattle,  Dec.  8.— Al  Rosenberg  of 
Evergreen  Theatres  was  elected  pres- 
ident of  Allied  Amusements  of  the 
Northwest  at  its  annual  meeting  here 
today.  Vice-presidents  elected  were 
.\.  Bishel,  Spokane;  William  Riplay. 
Longview,  and  Le  Roy  Johnson,  Se- 
attle. James  A.  Hone  was  re-elected 
secretary-treasurer. 

A  wage  committee  was  named  to 
check  to  see  that  code  provisions  went 
into  operations  at  once.  The  1934 
meeting  will  be  held  in  October.  It 
was  decided  to  contact  state  repre- 
sentatives in  an  effort  to  have  pend- 
ing bills  legalizing  dog  races  and  day- 
light saving  killed. 

Speaking  at  a  luncheon.  Mayor 
John  Dore  promised  the  members  of 
the  organization  continued  support  of 
the  industry,  vigorous  prosecution  and 
conviction  of  bomb  throwers. 

The  success  of  the  Bowery  Ball  has 
prompted  its  sponsors  to  make  the  af- 
fair an  annual  event.  Bob  Murray, 
L.  J.  McGinley  and  Hone  had  charge 
of  arrangements. 


Scale  Adjustments 
Awaited  in  Memphis 

Memphis,  Dec.  8.— Prospects  have 
brightened  for  a  straightening  out  of 
the  price  situation  here.  Loew's 
State,  where  low  prices  have  been  a 
constant  source  of  irritation  to  sub- 
sequent runs,  has  temporarily  ad- 
vanced the  scale  for  "Dancing  Lady" 
and  has  indicated  it  may  make  the 
boost  E.ermanent  if  neighborhood 
houses  make  some  adjustments. 

M.  a.  Lightman  is  in  New  York 
conferring  with  Col.  E.  A.  Schiller 
of  Loew's  on  the  problem,  and  hopes 
to  return  with  a  definite  agreement. 

Other  dovwitown  first  run  houses 
have  continued  to  maintain  a  higher 
level  than  Loew  despite  a  shortage  of 
product  for  their  own  screens. 

Prices  out  in  the  territory  seem  to 
have  been  more  or  less  stable  as  it  is 
extremely  difficult  to  advance  admis- 
sions in  the  Memphis  area  so  long  as 
the  major  Loew  houses  here  adver- 
tise their  present  rates  in  The  Com- 
mercial Appeal. 


M-G-M  and  Davies 
Sued  Over  a  Song 

A  suit  charging  infringement  and 
asking  $100,000  damages,  an  injunc- 
tion and  an  accounting  of  profits  was 
filed  in  U.  S.  District  court  here  yes- 
terday against  M-G-M,  Marion  Da- 
vies  and  the  Robbins  Music  Corp.,  by 
Archie  Sinclair,  songwriter,  who  al- 
leges that  his  ballad,  "Land  of  My 
Heart's  Desire,"  was  infringed  by  the 
song,  "Sweetheart,  Darling,"  sung  by 
Miss  Davies  in  "Peg  O'  My  Heart." 
Gus  Kahn  and  Herbert  Stothart  are 
also  named   defendants. 


Claire  Trevor  to  East 

Hollywood,  Dec.  8. — Claire  Trevor 
leaves  for  New  York  this  week,  hav- 
ing completed  leading  feminine  roles 
in  seven  Fox  pictures  within  the  past 
year.  The  actress  has  just  completed 
"Woman  and  the  Law." 


May  to  Leave  for  Coast 

Joe  May,  German  director  recently 
signed  by  Columbia,  leaves  for  the 
coast  either  tomorrow  or  Monday. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and        M^-| 
Faithful      || 
Service  Xo' 
the  Indlistry 
in  All 
Branches 


VOL.  34.    NO.  136 


NEW  YORK,  MONDAY,  DECEMBER  11,  1933 


TEN  CENTS 


Para.  Equity 
Receiver  Cost 
Is  $296,053 

miles    Seeking    $30,000; 
Zukor,  $23,047 


The  administration  of  Paramount 
Publix  for  the  seven  weeks  of  its 
equity  receivership  early  this  year  was 
accompHshed  for  $296,053,  it  is  indi- 
cated in  petitions  for  approval  of  pay- 
ments totalling  that  amount  submitted 
to  Referee  Henry  K.  Davis  on  Satur- 
day. 

Paramount  Publix  consented  to  a 
friendly  equity  receivership  on  Jan.  26 
of  this  year,  and  applied  for  a  volun- 
tary petition  in  bankruptcy  on  March 
14,  which  brought  the  equity  receiver- 
ship to  a  close.  Expenses  listed  in  the 
petition  are  those  incurred  only  under 
the  equity  receivership. 

Charles  D.  Hilles  and  Adolph 
Zukor  were  appointed  equity  receivers 
by  the  U.  S.  District  Court.  In  the 
petition  filed  Saturday,  Hilles  asks 
$30,000  for  his  services  as  equity 
receiver,  and  Zukor,  $23,047,  of  which 

(Continued  on  page  f) 


"Angel"  in  Frisco 
Grosses  $103,700 

San  Francisco,  Dec.  10. — "I'm  No 
Angel"  grossed  $103,700  in  its  seven- 
week  run  here.  It  played  the  first  two 
weeks  at  the  Paramount.  This  was 
followed  by  five  weeks  at  the  Em- 
bassy, another  Fox  house,  where  it 
took  $40,000  the  first  week,  $25,000 
the  second,  $10,000  the  third,  $9,200 
the  fourth,  $8,100  the  fifth,  and  $5,400 
the  sixth. 


Halperin  Gets  New 
Indianapolis  Post 

I.  M.  Halperin,  formerly  general 
manager  for  Publix  in  Detroit,  has 
succeeded  Ace  Berry,  who  recently 
resigned  as  city  manager  for  Mon- 
arch Theatres  in  Indianapolis. 

Present  plans  for  the  circuit  call  for 
an  expansion  after  the  first  of  the 
year,  according  to  Milton  Feld.  The 
circuit  now  operates   five  houses. 


Lang  Ready  to  Open 
Television  on  Coast 

Hollywood,  Dec.  10. — Television 
plans  under  consideration  for  the  past 
two  years  will  become  actuality  soon 
at    the    Freeman    Lang    sound    studios 

(Continued  on  page  S) 


Self-Regulation  Assured; 
Leaders  Accept  the  Code 


Beck  Advises 
More  British 
Film  Themes 


Recent  advances  in  quality  and  box- 
office  performance  of  British  product 
may  be  partially  attributed  to  the 
flood  of  pictures  of  purely  American 
themes  which  Hollywood  delivered 
for  English,  and  world,  consumption 
earlier,  James  M.  Beck,  Jr.,  M.P.P. 
D.A.  representative  in  England,  said 
Saturday  as  he  sailed  for  London 
after  a  protracted  stay  in  New  York. 

He  offered  the  opinion  that  Ameri- 
can producers  are  permitting  oppor- 
tunity to  pass  them  by  in  failing  to 
give  sufficient  attention  to  the  picture 
(Continued  on  page  7) 


Loeiv  in  Cleveland 
Goes  to  Dual  Bills 

Cleveland,  Dec.  10. — Starting  Fri- 
day Loew's  State,  ace  first  run  down- 
town house,  goes  to  double  features, 
with  "Should  Ladies  Behave?"  and 
"Women  in  His  Life"  as  the  first  pro- 
gram on  this  basis. 

Prices  remain  the  same.  The  an- 
nouncement came  as  a  surprise  and 
does  not  indicate  whether  the  policy 
is  to  be  permanent  or  temporary.  The 
only  other  Loew  downtown  house  is 
also  on  a  dual  basis. 


Repeal  Stirs 
Speculation 
In  Virginia 


Richmond,  Dec.  10. — What  this  state 
has  in  prospect  as  a  result  of  prohibi- 
tion's end  is  still  uncertain,  but  the- 
atre managers  are  still  speculating 
about  it.  A  special  committee  named 
by  Governor  John  Garland  Pollard 
is  scheduled  to  report  in  January 
when  the  legislature  convenes. 

Seven  of  the  15  members  of  the 
Governor's  committee  have  expressed 
themselves  as  opposed  to  a  high  tax. 
This  is  a  liberalization  of  the  tradi- 
tionally dry  attitude  here,  but  wheth- 
er   it    will    mean    saloons,    cafes,    or 

(Continued  on  page  6) 


Gluckman,  Shapiro 
In  Deal  for  Studio 

Hollywood,  Dec.  10. — Before  their 
departure  for  New  York  the  end  of 
next  week,  Herman  Gluckman,  presi- 
dent, and  William  D.  Shapiro,  vice- 
president  of  Majestic,  will  have  ac- 
quired an  option  on  a  Hollywood 
studio  for  exclusive  use  of  the  com- 
pany. As  a  result,  the  balance  of 
eight  pictures  on  the  present  sched- 
ule will  be  made  on  a  more  elaborate 
scale. 

(Continued  on   page  ;<) 


Theatre  Help  Lining  Up 
Behind  a  New  Union  Here 


Organizing  of  theatre  janitors,  door- 
men, ushers,  ticket  takers,  ticket 
sellers  and  scrubwomen  in  Greater 
New  York  has  been  progressing 
secretly  for  several  weeks  with  the 
result  that  their  new  labor  organiza- 
tion now  numbers  more  than  1,000 
members,  Motion  Picture  Daily 
learned    authoritatively    on    Saturday. 

The  organization  is  known  as  the 
Building  Service  Employes'  Union, 
Local  118.  Its  business  organization 
is  the  Theatre  &  Amusement  Em- 
ployes' Union  of  N.  Y.,  with  head- 
quarters at  550  Atlantic  Ave., 
Brooklyn.     Charles  C.  T-evy  is  secre- 


tary-treasurer of  the  local,  which  is 
affiliated  with  the  A.  F.  of  L. 

A  quota  of  20,000  members  has  been 
sef  by  the  local  for  the  Greater  New 
York  area  and  the  best  organizers  of 
the  union's  international  are  being 
concentrated  iiere  to  realize  that 
quota,  under  direction  of  Jerry  Horan, 
international  president. 

With  the  incei)tion  of  the  organiza- 
tion. New  York  theatres  become  com- 
pletely "closed  shop,''  membership  in 
the  new  local  taking  in  every  remain- 
ing classification  of  theatre  emi)loyes 
not  already  organized. 

(Continued  on  page  6) 


Executive  Order  Stands, 

But  Is  Clarified  by 

General  Johnson 

By  RED  KANN 
Satisfied  that  an  interpreta- 
tion of  the  Executive  Order 
made  public  in  Washington  at 
5:45  P.  M.  on  Saturday  by 
General  Hugh  S.  Johnson  as- 
sures for  the  industry  the  self- 
regulation  which  they  had 
sought  at  a  White  House  inter- 
view the  preceding  day,  leaders 
of  the  industry  were  at  ease 
yesterday  and  satisfied  with  the 
code  as  it  now  stands. 

Washington,  Dec.  10. — General 
Hugh  S-  Johnson  late  yesterday  made 
public  a  memorandum  further  inter- 
preting the  Executive  Order  which  ac- 
companied the  industry  code  "as  not 
creating  any  right  of  appeal  from  the 
determination  of  the  Code  Authority." 
He  also  made  it  clear  he  had  had  no 
idea  of  setting  himself  up  as  the  judge 
in  any  court  of  review  to  pass  on  in- 
dividual cases  ruled  upon  by  Code 
Authority  and  was  prepared  to  abide 
generally  by  "the  recommendation  of 
at  least  a  majority -of  the  voting  mem- 
bers of  the  entire  Code  Authority"  on 
which  members  of  the  Hays  organiza- 
have  six  votes— S.  R.  Kent,  H.  M. 
Warner,  R.  H.  Cochrane,  George  J. 
Schaefer,  M.  H.  Aylesworth  and 
Nicholas  M.  Schenck. 

Satisfied  that  the  interpretation  of 
the  troublesome  Executive  Order,  the 
text  of  which  stands  as  originally 
signed  by  the  President,  gives  to  the 
industry  the  right  of  self-regulation, 
the  presidents  and  ranking  executives 

(Continued  on  page  6) 


Coast  Production 
Holds  Steady  Pace 

Hollywood,  Dec.  10. — Production 
activity  on  the  coast  for  the  week  end- 
ing Dec.  9  maintained  about  the  same 
pace  as  the  preceding  week  insofar  as 
features  were  concerned,  but  there  was 
a  noticeable  increase  in  short  subject 
activity  over  the  preceding  week. 
Taking  Ixith  groups  into  considera- 
tion, production  as  a  whole  is  far  be- 
low the  level  maintained  during  Au- 
gust, September  and  October  when  the 

(Continued  on  page  7) 


MOTION  PICTURE 

DAILY 


Monday,  December   II,    1933 


MOTION  PICTURE 


D  A 1 1  Y  MOTION  PICTURE  DAILYvS 
M^.t^K  i>  M.   HOLLYWOOD  PREVIEW 


(Registered  U.  S.  Patent  OflBce) 


\oi.  .;■» 


necenibcr   11,   1933 


No.   13o 


Ma«tin  Quiclev 
Editor-in-Chief  and  Publisher 


MAURICE   KANN 

Editor 
JAMES  A.  CRON 
Advertisino  Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary ot  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  1933  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. 

Holly  wod  Bureau:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  yictor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edimn  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative: 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau;  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi. 
Representative. 

Entered  as  second  class  matter  January 
*,  1926  at  the  Post  Office  at  New  York 
Citjr,   N.    y.,   under  Act  of   March   3,    1879. 

Subscription  rates  per  year:  $6  in  the 
Americas,  except  Canada  $1S  and  foreign 
$12.     Single  copies:   10  cents. 

Warner  Meeting  Today 

WiLMi.VGTOX,  Dec.  10.— The  annual 
stockholders'  meeting  of  Warner 
Brothers'  Pictures,  Inc.,  will  be  held 
at  the  offices  of  the  Corporation  Trust 
Co.  here  on  Monday. 


'Convention  City' 


LeRoy  Starts  for  East 

Hollywood,  Dec  10.  —  Mervyn 
LeRoy  leaves  Hollywood  tonight  on 
the  Chief  for  New  York,  where  he 
plans  to  wed  Doris  Warner  on 
Jan.  2. 


'Black  Dawn*  to  DuWorld 

DuWorld  Pictures,  Inc..  recently 
organized.  has  acquired  "Black 
Dawn,"  directed  by  Josef  Berne,  for 
world  distribution.  Early  release  is 
planned. 


Robbins  Due  Dec.  18 

Herman  Robbins,  president  of  Na- 
tional Screen  Service,  arrives  from 
the  coast  on  Dec.  18. 


BOOK  EM 

ONE    EVERY 


BUD  N  BEN 


12-3  REEL  WETTERNX 

FIRST     ttCLCA5E 


rCIRL  TROUBLE  DEC  I5t. 

ASTOR   PICTURES   CORPORATION 

650    Ninth    Av«nue  New   York 

(Exchanges  Everywhere) 


(First  Nalioital) 

lloLLVWooi).  Dec.  10. — "Convention  City"  in  its  preview  state,  judged 
by  the  Kiughter  response,  may  be  rated  as  a  successful  comedy. 

Story  is  topical,  reflecting;  the  humorous  activities  transpiring  at  any 
commercial  convention.    Plot  is  light. 

Joan  Blondell.  Adolphe  Menjou,  Dick  Powell,  Mary  Aster,  Guy 
Kibbec,  Frank  AlcHugh,  Ruth  Donnelly,  Patricia  Ellis,  Hugh  Herbert, 
Hobart  Cavanaugh,  Sheila  Terry,  Grant  Mitchell  and  Huey  White,  go- 
ing; from  straight  dramatic  and  romantic  roles  into  sheer  comedy,  make 
a  noticeable  departure  to  which  audiences  should  react  favorably.  No 
one  player  commands  individual  attention,  as  the  situations  give  each  an 
ecjual  chance  to  parade  through  his  part  with  the  exception  of  Hugh 
Herbert,  who  as.serts  himself  at  the  climax  with  a  commendable  piece 
of  acting. 

Every  convention  has  at  least  one  funny  story  to  be  remembered  by  the 
conventioneers  and  this  picture  covers  them  all.  There  are  down-to- 
earth  incidents  tliat  will  refresh  the  memory  of  anyone  who  ever  attended 
a  convention  and  a  revelation  to  the  wives,  daughters  and  some  who 
never  have. 

Much  credit  is  due  Peter  Milne  for  conceiving  the  story;  to  Robert 
Lord  for  adapting  and  to  Archie  Mayo  for  expert  comedy  direction.  It 
affords  unlimited  exploitation  to  attract  first  nighters,  who  should  do 
the  word-of-mouth  to  keep  them  coming. 


Looking  ^Em  Over 


i( 


yy 


Alice  in  Wonderland 

{Paramount) 

Lewis  Carroll's  fairyland  yarn  has  been  woven  to  the  screen  by  Para- 
mount and  measures  up  as  wholesome  and  pleasing  entertainment,  par- 
ticularly designed  for  children  and  mothers.  Charlotte  Henry  is  charm- 
ing in  the  role  of  Alice  and  has  possibilities  of  developing  into  star 
material.  She  is  good-looking  and  photographs  well  and  undoubtedly 
will  establish  a  long  list  of  followers  as  a  result  of  her  work  here. 

Supporting  the  Brooklyn  girl  is  a  stellar  cast  including  Gary  Cooper, 
Cary  Grant,  Charles  Ruggles,  Louise  Fazenda,  Raymond  Hatton, 
Richard  Arlen,  W.  C.  Fields,  Polly  Moran,  Edward  Everett  Horton, 
Xed  Sparks,  Jack  Oakie  and  numerous  others.  All  with  the  exception 
of  Alice  are  masked. 

Falling  asleep  after  she  has  been  ordered  to  stay  indoors  by  the  gov- 
erness because  of  the  snow,  Alice  dreams  of  walking  through  the  mirror 
and  into  a  room  of  unusual  things.  From  this  room  she  enters  the 
garden  of  make  believe  and  there  meets  a  number  of  spectacular  crea- 
tures, some  to  entertain  her  and  others  to  frighten  her.  It  is  well 
produced  and  there  are  several  effective  trick  shots. 

i^Continvdc  on  page  8) 


Universal  Pfd,  Drops  One  Point 

Net 

High  Lorw  Close  Change 

Columbia  Pictures,  vtc 26'A  26  26^4  

Consolidated  Film  Industries,  pfd 9^         9'/$         9yg  -\-  y^ 

Eastman  Kodak Siyl  83  &3yi  -f  j^ 

Fox  Film  "A" 14  1.3S/^  14  -f  ^ 

Loew's,  Inc i2H  ^T-H  32J4  -j-  7/g 

fx>ew's    Inc.,    pfd 71  70J4  71  4-3 

Pa  the  Exchange 2%  2%         2%  +  Ys 

Pathe   Exchange   "A" uy^  ly/^  13^  j^  y 

'<K.O ...2/8  2  2}^  -I-/8 

Lniversal   Pictures,   pfd ]C  ](,  jg  j 

Warner   BroJ 6^  5^  514  ^^ 

Technicolor  Only  Curb  Issue 

Net 
High      Low      Close    Change 

T.rluiirolor     gy^  97^  gy^  

Paramount  F.  L,  Bonds  Gain  One 

Net 

High  Low  Close  Change 

General   Tlicatrc    E(|uipniciit   6s   '40 3  3  3 

Ixiew's   6s   41    WW    deb   rights gj  g^y  gQ,/        Hi/ 

Paramount   Broadway  SKs  '51 29  ?o  90  _i_  ^ 

Paramount   F.   L.  6s   '47 '      26  9W  %  I/* 

Paramount   Publix  .Sj^s  '50 '  26  fw  ifi  T  ,/ 

Warner  Bros.  6s  '39,  wd i.iii^.'.'^  1^^,  f^  +| 


Sales 

400 
200 
200 
300 
4,500 
200 
600 

2,noo 

200 

10 

700 


Sales 

500 


Sales 


i  Purely 
Personal  ► 


ALEXANDER  LEFT  WITCH,  di-l 
rector,  who  recently  returned 
from  Hollywood,  will  undergo  an 
operation  to  remove  a  cataract  from 
his  right  eye.  The  director  injured 
his  eye  as  he  was  closing  the  door 
of  his  home  in  Hollywood  and  was 
forced  to  get  treatment  in  Chicago 
when  enroute  to   New  York. 

John  C.  Flinn  returns  today  from 
the  coast.  Tom  Bailey,  Paramount 
coast  publicity  head,  heads  south  today 
on  the  advance  cainpaign  for  Char- 
lotte Henry. 

Ketti  Gallian,  French  actress,  is 
on  her  way  to  America  on  the  lie  de 
France.  She  will  appear  in  Fox's 
"Marie  Galante." 

Cecil  B.  DeMille  is  on  his  way 
east.  After  a  stopoyer  in  Washing- 
ton he  will  come  to  New  York  to 
look  over  plays  and  talent. 

Ethel  Merman  left  for  the  coast 
yesterday  to  start  work  in  Bing  Cros- 
by's "We're  Not  Dressing"  for  Para- 
mount. 

Milt  Kusell  returns  today  from 
Boston  where  he  has  been  conferring 
with  Paramount  salesmen  on  the  Vic- 
tory Drive. 

Clemence  Dane,  author  of  "A  Bill 
of  Divorcement,"  has  arrived  in  New 
York  to  assist  in  the  staging  of  a 
play. 

Johnny  Marvin,  tenor,  is  at  the 
7th  Ave.  Roxy  for  a  week's  engage- 
ment.    He's  an  NBC  star. 

Rudy  Vallee,  who  will  be  in  Fox's 
edition  of  the  "Scandals,"  is  ofif  for 
the  coast. 

Manny  Reiner,  formerly  with 
Warners,  has  joined  the  M-G-M  ad 
department  at  the  home  office. 

Al  Friedlander  is  in  Boston  on 
"The  Road  to  Ruin"  for  First  Di- 
vision. 

Jones  &  Hare  end  their  radio 
broadcasts  at  the  7th  Ave.  Roxy  on 
Dec.    29. 


THE 
MAYFLOWER 

61st  STREET,  (Central  Park  West) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3   Rooms.     Full  Hotel  Service 

FURNISHED    OR    UNFURNISHED 

By  the  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


rHE  TEMPO  OF  THE  TIMES 
SET  TO  MUSIC 


•    •    • 


• • • as  a  book 

A  Best  Seller 


as  a  picture 
4  Box-OfficeHit 


IDfllMIflnOtOK 


II 


I 


Taken  from  the  Novel   by  CORNELL  WOOLRICH 

Directed  by  Leonard  Fields 
Screen  play  by  Leonard  Fields  and  David  Silverstein 


ANOTHER  MONEY-MAKER  FROM  MONOGRAM 


CURRENT  HITS'  "sweetheart  of  sigma  chi"  •  -broken  dreams" 

''HE    COULDN'T    TAKE    IT"    •    "WOMAN'S   MAN" 


with  BEBE 


DANIELS 

DORIS  KENYON 


Onslow  Stevens,  Melvyn  Douglas,  Isabel 
Jewel,  Thelma  Todd,  Mayo  Methot.  From 
the  sensational  stage  success  by  ELMER 
RICE.  Produced  by  Carl  Laemmie,  Jr. 
Directed  by  WILLIAM  WYLER.  Presented 
by  Carl  Laemmle.  Another  big  one  from 

UNIVERSAL 


<S  clhtmk  Ijmif 


"A  stunner  . . .  Elmer  Rice's  recent  Broadway  hit  has 
been  made  into  a  film  drama  of  unusual  strength 
and  brilliance  . . .  Barrymore  does  his  greatest  work 
as  'Counsellor  at  Law,'  and  Bebe  Daniels  is  a  delight- 
ful foil  for  him." 

^.  y.  dmetiean: 

"Another  hit  for  the  Music  Hall ! ...  it  comes  to  the 
screen  a  vivid,  well -played  piece,  in  which  tense 
drama  Is  punctuated  by  lines  of  laughter." 

(3  stars)  "Elmer  Rice's  play  faithfully  filmed  . . .  Barry- 
more  performance  convincing . . .  William  Wyler,  who 
directed,  keeps  the  action  moving  spiritedly." 

n.  %  HefaCd'Zxieune: 

"Barrymore  is  admirable  in  his  role  .  .  .  'Counsellor 
at  Law'  is  a  striking,  intelligent  and  invariable  in- 
teresting motion  picture — another  in  that  series  of 
superior  works  being  presented  at  Radio  City  Music 
Hall." 


^.  y»  ltime&: 


"Incisive  and  compelling .  .  .  moves  along  with  lusty 
energy,  the  scenes  being  so  complete  that  none  of 
them  seems  a  fraction  of  a  minute  too  long  .  .  .  Mr. 
Barrymore  gives  to  it  the  vigor,  imagination  and 
authority  one  might  expect." 


n,  y.  ^ournae: 

"Elmer  Rice's  silver-tongued  attorney  is  impersonated 
by  John  Barrymore,  who  has  in  the  play  a  highly 
entertaining  vehicle  for  his  brilliant  talents  . . .  Smart- 
ly cast  and  directed  . . .  moves  fast  and  vigorously.'* 

n,  y.  WotCd-ltelegtam: 

"Mr.  Barrymore  appears  here  in  a  part  which  falls 
so  perfectly  into  line  with  his  ability  as  a  sterling 
actor  that  it  might  very  well  have  been  written  for 
him  originally." 


n,  y.  Sun: 


"  'Counsellor  at  Law'  the  daddy  of  them  al!  (Lawyers' 
films)  .  .  .  Unquestionably  the  best  written  lawyer 
play  of  the  modern  era  in  this  country." 


MOTION.  PICTURE 

DAILY 


Monday,    December    II,    1933 


Code  Cleared 
and  Accepted 

By  Executives 

•' 

CC't>i.'/i"iird   /roiii    fuiic    1 ) 

1  tlie  big  companies  returned  to  New 
\i)rk  at  6  o'clock  tonight  in  the 
pinion  their  mission  liad  been  crowned 
with  success. 

The  committee  of  three,  composed 
of  Will  H.  Hays,  J.  Robert  Rubin 
and  George  J.  Schaefer,  which  con- 
ferred with  President  Roosevelt  on 
[■"riday  is  understood  to  have  found 
the  Chief  Executive  very  friendly  and 
very  cordial.  It  is  assumed  the  group 
ex])lained  the  doubts  in  the  minds  of 
major  company  executives  over  their 
ability  to  control  their  own  industry 
under  the  Executive  Order  as  issued. 
(ieneral  Johnson  is  said  to  have  ex- 
pressed willingness  to  discuss  it 
further,  first  turning  over  the  com- 
mittee to  Deputy  .Administrator  Sol 
A.  Rosenblatt  as  the  one  MR  A  official 
more  directly  familiar  with  the  in- 
dustry and  its  problems. 

Night  Conference  Held 

This  led  to  a  night  conference 
Friday  night  at  the  Carlton  Hotel  at 
which  a  formula  for  clarifying  the 
Executive  Order  was  discussed.  A 
second -appointment,  set  with  General 
Johnson  for  10  o'clock  Saturday  morn- 
ing, failed  to  develop  until  late  after- 
noon. This  made  it  necessary  for  the 
entire  group  to  remain  over  except 
Jack  Cohn,  .  of  Columbia,  who  left 
about  2  o'clock  and  Joseph  M. 
Schenck,  of  United  Artists,  who  re- 
turned to  New  York  Friday  night 
preparatory  to  sailing  Saturday  morn- 
ing on  the  Rex. 

I'ollowing  a  conference  in  which 
Hays,  Rubin,  Schaefer  and  Nicholas 
M.  Schenck  represented  the  major 
companies  and  Johnson,  Rosenblatt 
and  Donald  R.  Richberg,  the  latter 
general  counsel  for  the  NRA,  repre- 
sented the  government,  the  clarify- 
ing memorandum  was  released.  At 
the  same  time,  Hays  issued  the  fol- 
lowing statement : 

"The  result  of  the  conferences  is 
evidenced  by  General  Johnson's 
memorandum.  These  conferences  were 
cordial  and  the  conclusion  is  very 
satisfactory." 

In  an  interview  immediately  there- 
after, Johnson  explained  it  was  never 
in  his  mind  to  set  himself  up  as  a 
board  of  appeal  or  to  sit  in  review 
on  all  cases  that  might  develop.  "I'd 
need  a  building  as  big  as  this  one  to 
do  it.  As  a  matter  of  fact,  I  was 
surprised  to  learn  this  was  all  there 
was  to  this  situation." 

The  Administrator  said  the  industry 
had  granted  some  concessions  w'hich 
the  NRA  could  not  have  imposed  and 
cited  how  the  major  companies  had 
explained  to  him  they  had  gone  out- 
side the  rights  of  contracts  in  con- 
senting to  the  operation  of  grievance 
bfjards ;  how  they  felt  that,  having 
done  this,  the  concession  might  be  an 
empty  one  if  individual  cases  were  to 
be  subject  to  review  by  the  Admin- 
istrator. 

Johnson  Issues  Statement 

It  was  a  desire  to  rlisabuse  this 
impression  which,  theref(jre.  led  to 
the  Johnson's  mcmr^randum,  the  text 
of   which  follows : 

"The  Administrator  construes  num- 
bered paragraphs  1,  2  and  3  of  the 
Executive  Order  of  the  President  on 
the  Motion  Picture  Industry  Code  as 


Theatre  Help  Lining  Up 
Behind  a  New  Union  Here 


U  I'liliinifd  f 

The  new  local's  first  public  move 
is  scheduled  for  today,  when  its  lead- 
ers will  enter  a  complaint  with  the 
NRA  Compliance  Board  here,  based 
on  the  charge  that  Johannes  Wittberg, 
formerly  head  janitor  at  Skouras's 
.Academy  of  Music,  was  dismissed 
Dec.  6  after  becoming  a  member  of 
the  local.  Skouras  representatives  de- 
clare that  Wittberg  was  dismissed  for 
incompetency,  but  the  labor  local  has 
in  its  possession  sworn  affidavits  from 
13  men  who  worked  under  Wittberg 
alleging  that  they  were  told  by  an 
assistant  manager  of  the  theatre  that 
Wittberg  had  been  dismissed  for  join- 
ing a  union  and  had  been  warned  that 
they  would  also  be  dismissed  if  they 
followed  his  lead. 

The  affidavits  will  be  submitted  to 
tile  NRA  Compliance  Board  today 
with  a  demand  that  Wittberg  be  rein- 
stated. Possibilities  of  a  strike  which, 
the  local's  representatives  assert, 
would   result   in   closing   every   major 


theatre  in  Greater  New  York,  were 
admitted  in  the  event  Wittberg  is 
unjustl}-  kept  from  work. 

The  new  union  is  known  to  have  a 
large  representation  among  employes 
of  the  Music  Hall  and  Roxy,  the 
Capitol,  Madison  Square  Garden  and 
other  large  mid-town  amusement  cen- 
ters. Its  first  public  demonstration  of 
strength  is  scheduled  for  early  Janu- 
ary, when  a  inassmeeting  of  its  mem- 
bership w'ill  be  held.  At  this  time, 
members  are  slated  to  draft  new  wage 
schedules  for  the  classifications  of 
employes  involved,  which,  it  is  pre- 
dicted, will  call  for  increases. 

The  local  is  affiliated  with  the 
international  organization  which  is 
already  established  in  Chicago,  San 
Francisco,  Seattle,  St.  Louis  and  other 
large  cities.  Theatre  janitors  who  are 
members  of  the  organization's  Chicago 
local  are  paid  $40  per  week,  which  is 
almost  double  the  scale  in  force  here, 
it  is  said. 


not  creating  any  right  of  appeal  from 
the  determination  of  the  Code  Author- 
ity under  Article  II,  Section  4, 
.Article  II,  Section  10  (a).  Article  V, 
Division  D,  Part  9,  and  Article  VI, 
or  in  any  sense  creating  the  Admin- 
istrator as  a  Court  of  Review  of  the 
action  of  these  Boards  or  the  Code 
Authority  in  individual  cases.  These 
paragraphs  refer  to  the  right  of  the 
-Administrator  to  inquire  into  the  gen- 
eral course  of  conduct  of  the  mecha- 
nism of  the  Code. 

"The  Administrator  will  exercise 
his  discretion  under  paragraphs  2  or 
3  of  the  conditions  incorporated  in  the 
ILxecutive  Order  in  accordance  with 
the  recommendation  of  at  least  a  ma- 
jority of  the  voting  members  of  the 
entire  Code  Authority  and  the  suc- 
cessor of  any  person  removed  under 
the  condition  in  said  paragraph  2 
shall  be  appointed  in  the  manner  pro- 
vided in  Article  II,  Section  2,  Sub- 
division  (f)   of  the  Code. 

"The  provisions  of  .Section  5  of  the 
Executive  Order  are  interpreted  to 
include  only  such  writers,  authors  and 
dramatists  as  are  not  employed  for 
stated  periods  by  producers.  All 
writers,  authors  and  dramatists  em- 
ployed by  producers  for  stated  periods 
shall  be  included  under  Section  6  of 
the   said   Executive   Order. 

"It  is  recf;gnied  that,  based  on  the 
foregoing  construction  of  the  exercise 
of  the  Administrator's  authority  con- 
ferred upon  him  in  the  said  Executive 
Order,  the  signatory  producers  and 
distributors  have  given  their  consent 
to  the  Code  as  approved. 

Hugh   S.  Johnson, 

Administrator. 

Second  of  the  government's  repre- 
.sentatives  on  Code  Authority  will  be 
announced  by  the  deputy  himself  and 
confirmed  by  the  Administrator.  Tiic 
third  and  last  appointee  will  be  named 
shortly. 

Code  Authority  is  scheduled  for  its 
first  meeting  in  New  York  sometime 
this  week,  according  to  current  plans. 
The  date,  however,  has  not  been  set. 


Ready  for  January 

Having  completed  24  roadshow  en- 
gagements, "Dinner  at  Eight"  will  be 
released  nationally  by  M-G-M  about 
Jan.  1. 


Phila,  Musicians  to 
Split  Up  Jobs  Soon 

Philadelphia,  Dec.  II).  ■ —  Local 
musicians  have  begun  to  work  out 
plans  under  the  ruling  of  Joseph 
Weber,  head  of  the  American  Federa- 
tion of  Musicians,  whereby  each  em- 
ployed musician  gives  one  week  em- 
ployment out  of  four  to  unemployed 
men. 

Agitating  local  musical  circles  is 
the  report  that  the  Fox,  which  aug- 
mented its  orchestra  from  17  to  34 
members  two  months  ago,  will  return 
to    its    former    status. 


Two  Runs  for  "Henry" 

Cincinnati,  Dec.  10. — For  the  first 
time  locally,  a  picture  is  being  simul- 
taneously shown  as  a  second  run  at  a 
downtown  and  suburban  house.  "The 
Private  Life  of  Henry  VIII,"  after  a 
two  weeks'  showing  at  the  RKO 
Lyric,  is  currently  playing  the  May- 
fair,  independent  downtown,  operated 
by  Morris  Segal,  president  Majestic 
Pictures  of  Ohio,  and  also  is  playing 
the  F'orest,  a  unit  in  the  Levy  chain 
of  suburbans. 


Loew's  Ohio  Tries  Shows 

CoLu.MBus,  Dec.  10. — Loew's  Ohio, 
after  a  prolonged  policy  of  straight 
pictures,  swings  into  the  stage  show 
column  this  week,  with  Kate  Smith 
and  her  revue  as  the  initial  attraction. 
Price  scale  has  been  upped  to  31  cents 
until  1  P.M..  with  a  matinee  rate  of 
40  cents  for  all  seats.  Night  tariff 
is  40  and  SO  cents  for  balcony  and 
lower  floor,  respectively,'  all  prices 
being  plus  the   10  per  cent  state  tax. 


Lubitsch  to  Do  "Widow" 

Hoi.L\\\()()i),  Dec.  10. — Itrnst  Lu- 
bitsch will  direct  "The  Merry  Widow" 
for  M-G-M.  Production  gets  under 
way  ui)on  Maurice  Chevalier's  return 
from   abroad  at  the  turn  of  the  year. 


Columbia  Borrows  Kober 

Hollywood,  Dec.  10.  —  Arthur 
Kober  has  been  borrowed  from  M-G-M 
to  prepare  the  adaptation  on  "Twen- 
tieth Century"  for  Columbia. 


Repeal  Stirs 
Speculation 
In  Virginia 


(CoiitliiKcd  from  page   1) 

some  modified  form  of  sale  is  still 
to  be   determined. 

Elmer  H.  Briant,  Loew  manager, 
sees  little  effect  in  sight  on  theatre 
receipts.  Walter  J.  Coulter  takes 
about   the    same    attitude. 

"Business  generally  must  pick  up," 
Coulter  says,  "before  theatres  will 
be  helped.  Receipts  are  about  25 
per  cent  under  those  of  last  year  at 
this  time.  Return  of  beer  helped  stim- 
ulate business  for  a  time,  but  the  effect 
was   soon   lost." 

Others  see  no  prospective  benefits, 
but  in  the  same  breath  declare  they 
expect  no   detrimental  effects. 


Florida  to  Continue 
Prohibition  to  1935 

Tampa,  Dec.  10. — Repeal  will  have 
no  effect  upon  Florida,  as  this  state 
has  its  own  constitutional  amendment 
prohibiting  the  sale  of  liquor.  This 
law  cannot  be  repealed  until  after  the 
next  meeting  of  the  legislature  in 
1935,  when  a  bill  will  probably  be 
passed  and  then  put  up  to  the  voters 
to  ratify. 

The  sale  of  3.2  beer  was  legalized 
in  the  state  last  spring  and  Tampa 
exhibitors  believed  it  would  help 
theatre  attendance  by  aiding  employ- 
ment. Suds  are  now  on  sale  pretty 
much  everywhere  in  the  state  and  it 
has  been  a  good  thing  in  the  way  of 
revenue,  but,  according  to  Tampa 
exhibitors,  it  has  had  little,  if  any, 
effect    on    theatre    attendance. 


Thalberg  Gets  Started 

Hollywood,  Dec.  10. — With  "Rip 
Tide"  finally  getting  under  way  as 
Irving  Thalberg's  first  production 
under  his  new  M-G-M  arrangement. 
Norma  Shearer  appeared  before  the 
camera  for  the  first  time  in  more  than 
a  year. 

The  current  film  is  Miss  Shearer's 
first  screen  effort  since  "Smilin' 
Through"  and  is  being  directed  by  Ed- 
mund Goulding.  Robert  Montgomery 
and  Herbert  Marshall  share  male 
leads  opposite  the  star. 


Film  Men  Aid  Van  Osten 

San  F'rancisco,  Dec.  10. — Twenty 
men  from  exchanges  and  theatres 
have  volunteered  for  a  blood  trans- 
fusion to  Thomas  D.  Van  Osten, 
secretary  of  the  California  Theatre 
Ass'n.  Van  Osten  has  been  ill  for 
several  months  and  is  under  treatment 
at  a  local  hospital.  When  a  call  for 
volunteers  was  issued  the  response 
was  immediate.  However,  none  of 
the  donors  of  blood  were  acceptable 
and  the  transfusion  was  made  through 
a  professional  donor. 


Warner  Ball  Jan.  20 

The  Warner  Club  will  hold  its  fifth 
annual  banquet  and  ball  at  the  Wal- 
dorf-Astoria on  Jan.  20.  Arrange- 
ments are  being  handled  by  Al  Sch- 
walberg,  president,  and  Harold  Rod- 
ner,  managing  director  of  the  club. 
Stage,  screen  and  radio  talent  is  being 
lined  up  for  the  event  by  Steve  Trill- 
ing,  vice-president   of  the  club. 


Monday,  December   II,    1933 


MOTION  PICTURE 

DAILY 


Beck  Advises 
More  British 
Film  Themes 


{Continued  from  page  1) 

possibilities  of  the  British  national 
scene,  at  least  in  proper  proportion 
to  the  number  of  pictures  which  are 
exclusively   "American"   in  content. 

Making  note  of  the  "intensely  na- 
tional" feeling  of  the  British  people 
which,  he  said,  offers  a  waiting  mar- 
ket for  entertainment  that  recognizes 
it,  Beck  finds  that  recent  British 
product  is  taking  full  advantage  of 
national  characteristics,  whereas  much 
of  the  current  Hollywood  output  is 
not.  He  also  observed  that  British 
producers'  recognition  of  home  re- 
quirements had  not  proved  a  handicap 
in  marketing  their  pictures  in 
America.  If  anything,  their  pictures 
are  constantly  finding  more  favor 
here  than  ever  before,  he  believes,  and 
views  the  record  as  a  demonstration 
that  Hollywood  can  better  serve  the 
British  market  without  loss  of  pat- 
ronage at  home. 

"The  strong  national  feeling  of  the 
British  people  is  awakened  to  its  fullest 
extent  by  an  over-supply  of  Hollywood 
product  which  is  based  upon,  and  mir- 
rors, the  purely  American  scene," 
Beck  said.  "It  immediately  suggests 
to  the  British  audience  the  picture 
possibilities  of  their  own  country. 
That  the  British  scene  can  be  as  ac- 
ceptable picture  material  to  Ameri- 
can a,udiences  as  it  is  to  British, 
appears  to  have  been  demonstrated 
by  the  product  recently  brought  over 
here  from  England.  This  would  also 
suggest,"  he  added,  "that  pictures  pre- 
senting British  life  are  equally  ac- 
ceptable here  as  they  are  in  Eng- 
land." 

He  cited  "The  Invisible  Man"  as  a 
current  example  of  the  type  of  Ameri- 
can picture  which  finds  favor  in  Eng- 
land. "The  Thief  of  Bagdad"  and 
"Beau  Geste"  likewise  had  the  in- 
ternational elements  of  entertainment 
which  have  a  waiting  market  in  Brit- 
ish audiences,  he  said. 

"It  occurs  to  me  that  American 
producers  may  be  missing  some  good 
bets  in  not  examining  carefully  enough 
the  picture  possibilities  of  British 
history  and  life,"  Beck  said.  "The 
elements  of  drama  are  there  and, 
properly  presented,  they  can  be  as 
acceptable  to  American  audiences  as 
they  would  surely  be  to  the  import- 
ant British  market." 


Halt  ''Viva  Villa" 
To  Fill  Tracy  Role 

Hollywood,  Dec.  10. — Production 
on  "Viva  Villa"  has  temporarily 
reached  a  halt  at  M-G-M,  the  studio 
having  hit  a  snag  in  the  selection  of 
a  leading  man  for  the  role  recently 
vacated  by  Lee  Tracy. 

The  studio  denied  reports  that 
Robert  Montgomery  had  been  cinched 
for  the  part.  The  actor  is  currently 
working  in  another  picture. 


First  Division  Moving 

First  Division  will  move  its  head- 
quarters from  1600  Broadway  to  the 
RKO  Building  in  Radio  City  during 
Christmas  week. 


Coast  Production 
Holds  Steady  Pace 

(Continued  from  fiac/c   1  ) 

average  was  around  48  features  and 
15  shorts. 

This  week's  summary  of  production 
shows  a  total  of  34  features  and  12 
shorts  in  work,  27  features  and  14 
shorts  in  final  stages  of  preparation 
scheduled  to  start  within  the  next  two 
weeks,  and  a  total  of  55  features  and 
23  shorts  in  the  cutting  rooms.  The 
number  of  pictures  in  the  cutting 
rooms  indicates  actual  production  of 
new  pictures  will  be  slow  in  getting 
under  way  until  the  cutting  rooms  are 
relieved. 

Warners  seem  to  be  the  most  active 
in  actual  shooting  with  eight  features 
in  work,  three  preparing  and  three 
cutting.  M-G-M  follows  with  seven 
in  work,  two  preparing  and  11  cutting. 
Fox  has  five,  five  and  four ;  Para- 
mount, five,  one  and  six ;  Columbia, 
four,  two  and  three ;  United  Artists, 
zero,  one  and  six ;  Universal,  zero, 
zero  and  seven ;  Radio,  zero,  six  and 
nine ;  independent  group,  five,  seven 
and  six. 

Short  subject  reports  show  M-G-M 
with  two  in  work,  two  preparing  and 
three  cutting ;  Roach,  one,  three  and 
four ;  Universal,  zero,  zero  and  two ; 
Columbia,  one,  three  and  two ;  Radio, 
one,  one  and  four ;  independent  group, 
seven,  five  and  eight. 


Jersey  Allied  Will 
Fight  Ticket  Taxes 

New  Jersey  Allied  intends  to  start 
a  campaign  for  repeal  of  the  Federal 
ticket  tax  at  the  coming  session  of 
Congress,  according  to  Sidney  Samuel- 
son. 

Samuelson  says  the  Federal  tax  was 
one  of  the  biggest  reasons  for  the  re- 
duction of  admission  scales  and  has 
been  an  encouragement  to  states  to  im- 
pose  similar  taxes. 


Books  Adv.  Feature 

Philadelphia,  Dec.  10. — The  Lo- 
cust Street,  controlled  by  A.  R.  Boyd, 
manager  of  the  Fox,  went  commer- 
cial Saturday  with  the  booking  of 
"These  Thirty  Years,"  feature  film 
sponsored  by  the  Ford  Automobile 
Co. 

Film,  with  fiction  background, 
traces  the  development  of  the  motor 
car  industry,  and  is  said  to  have  plenty 
of  plugs  for   the   Ford  product. 


At  Isaacson  Passes 

Detroit,  Dec.  10. — Al  Isaacson, 
former  salesman  for  the  National 
Theatre  Supply  Co.,  in  Detroit  and 
St.  Louis,  died  here  after  an  illness  of 
more  than  a  year.  Services  were  con- 
ducted by  the  Masonic  order. 


Superior  Sells  Two 

Superior  Talking  Pictures,  Inc.,  lias 
sold  its  Buffalo  Bill,  Jr.,  and  Buddy 
Roosevelt  series  in  14  territories,  in- 
cluding greater  New  York,  New  Eng- 
land, the  South,  the  Middlewest  and 
the    Philippine    Islands. 


Amity  Adds  Another 

Amity  Pictures  Corp.  lias  purchased 
the  novelty  one-reel  "Out  West  Where 
the  North  Begins,"  to  add  to  its  list 
of  short   subjects. 


H 


AVE 


You 


A  JOB  OPEN? 


THEN  YOU  NEED  ONE  OF  THESE 
EXPERIENCED   MEN 

Publicity  man  for  stage  units 

Handled  such  shows  as  RIO  RITA  and  SCANDALS.  Former 
publicity  director  Allen  Theatre,  Cleveland.  Five  years' 
experience  in  press  department  of  two  major  motion  picture 
companies,  including  position  of  publicity  supervisor  for  group 
of  forty  theatres  in  Florida.  Put  him  to  work  —  he'll  prove 
his   stuff. 


Expert  on   pressbooks 


A  top-notch  copy  writer  and  lay-out  man,  ten  years'  experience 
on  pressbooks,  sales  promotion  ideas,  pamphlets  and  general 
advertising  compaigns.  Well  known  as  magazine  and  newspaper 
feature    story    writer. 


Handled  foreign  publicity  for  thirteen  years 


Former  City  Editor  of  the  "Register  and  Leader,"  Des  IVIoines. 
Then  for  thirteen  years  director  foreign  publicity  and 
advertising  for  one  of  our  major  companies.  Handled  publicity 
for  the  motion  picture  industry  on  the  Liberty  Loan  drive  and 
is  now  free  lance  contributor  to  many  leading  magazines.  He's 
a  sure-fire  bet.     Just  try  him. 


Exploitation  Advance  man 


Has  been  head  of  some  of  New  York's  biggest  theatrical 
attractions,  including  Theatre  Guild  shows.  Hard  plugger  who'll 
always  grab  off  space  in  the  newspapers  regardless  of  what 
city  you  will  send  him  to.  Pleasing  personality  and  well  liked 
by   motion   picture   critics   in   many  cities. 


The  accomplishments  of  the  above  four  men  are  listed  as  a  guide  to  those  employers 
who   are   in   the   market  for   GOOD   men   who   will   deliver   GOOD   work. 

These  men  arc  no  weak  sisters.  They  are  experienced  in  their  line  and  are  qualified 
to    deliver    better   than    full    value   for   the    salary   you    will    pay   them. 

We  have  purposely  refrained  from  mentioning  their  names,  but  if  you  will  communi- 
cate with  either  of  the  three  members  of  the  Service  Committee  of  the  A.  M.  P.  A. 
listed   below,   they  will    have   these    men   contact  you  at  your  convenience. 


Ray    Gallagher 

MOTION    PICTURE 

HERALD 

1790  Broadway,   N.  Y.  C. 


Marvin    Kirsch 

FILM  DAILY 
1650  Broadway 
New    York   City 


Monroe   W.   Greenlhal 

UNITED    ARTISTS    CORP. 
729    7th    Avenue 
New    York    City 


ASSOCIATED  MOTION  PICTURE  ADVERTISERS,  Inc. 


THIS      IS     THE      FIRST     OF      A     SERIES     OF     SIMILAR     ADS.      DESCRIBING      THE 

QUALIFICATIONS     OF     OUTSTANDING     MEN     FOR     WHOM     THE     A.     M.     P.     A.     IS 

DESIROUS   OF   SECURING    EMPLOYMENT. 


MOTION  PICTURE 

DAILY 


Monday,  December   II,   1933 


Para.  Equity 
Receiver  Cost 
Is  $296,053 


iConlimicd  from  faiic   1  i 

$4,502  has  already  been  received  from 
Paramount  subsidiaries,  the  petition 
notes.  Payment  of  expenses  incurred 
l>y  the  equity  receivers,  who  were  also 
ancillary  receivers  for  the  company  in 
California  and  Illinois,  amounting  to 
$59,784,  is  asked.  Momer  Albers. 
ancillary  receiver  for  the  company  in 
Massachusetts,  asks  $1,014  for  ser- 
vices and  expenses. 

The  remainder  of  the  expenses, 
aggregating  $189,805,  are  in  attorneys' 
fees.  The  petition  of  Root,  Clark, 
Buckner  &  Ballantyne,  attorneys  for 
the  equity  receivers,  asks  $125,000; 
that  of  Rosenberg,  Goldmark  &  Colin, 
attorneys  for  Paramount,  $30,253 ; 
Cravath,  De  Gersdorff,  Swaine  & 
Wood,  $15,409;  O'Melvany.  Tuller  & 
Myers,  Los  Angeles,  $15,100,  and 
Donovan  &  Raichle,  New  York, 
$5,246. 

involved  additional 

in      the      following 

(Chicago),    $1,665 

(Hartford),     $250 

$1,000    (California). 


The    remainder 
legal     expenses 
amounts:    $1,590 
(Boston),     $788 
(New    Jersey), 


$2,401   (Ohio),  $1,103  (Texas) 

Examination  and  consideration  of 
the  claims  is  scheduled  to  take  place 
at  a  meeting  of  Paramount  Publix 
creditors  before  Referee  Davis,  Dec. 
18,  prior  to  submission  of  the  petition 
to  the  U.  S.  District  Court  here  for 
final  action. 


GluckmaUy  Shapiro 
In  Deal  for  Studio 

(Continued  from  faijc   1  ) 

The  first  under  the  new  setup  will 
be  "Husband  Hunters,"  with  Sophie 
Tucker.  Jack  Yellen  is  writing  the 
music.  The  two  executives  are  nego- 
tiating with  several  producers  to  take 
charge  of  production.  Lou  Sarecky 
is  mentioned  as  the  most  likely  choice. 
Phil  (ioldstone,  who  is  ill,  is  bowing 
out  after  making  four. 


Lang  Ready  to  Open 
Television  on  Coast 

(Continued  from  patjc   1 ) 

here  which  have  been  producing  elec- 
trical transcriptions  for  years.  The 
idea  is  to  run  off  on  film  one  episode 
<>i  each  transcription  for  the  sake  of 
the  action.  In  this  manner  it  is  ex- 
pected that  a  radio  sponsor  will  be 
able  to  see  how  his  act  looks.  He  may 
then  spot  the  film  as  well  as  the  tran- 
scription on  television  stations  through- 
out the  country. 


Behe  Daniels  in  "Nurse" 

Hot.LYWfKiD,  Dec.  10. —  Behe  Daniels 
gets  the  feminine  lead  in  "Registered 
Nurse"  at  Warners.  The  picture  wilj 
go  into  production  within  the  next  two 
weeks  with  Lyle  Talbot  playing  the 
male  lead  and  Robert  Florey  directing. 


Miss  Rogers  to  Warners 

Hollywood,  Dec.  10.  —  Warner^ 
have  borrowed  Ginger  Rogers  from 
Radio  for  the  feminine  lead  with  Dick 
Powell  and  Pat  O'Brien  in  "Radio 
Romance." 


Looking  ^Em  Over 


{Coutiiiiicd  from   I'auc  2) 

''The  Women  in  His  Life'' 

(M-G-M) 

An  entertaining  portrayal  of  a  criminal  lawyer  who  lias  his  ups  and 
downs  in  love  affairs,  with  Otto  Kruger  as  tlie  legal  light  involved. 
Kruger  does  an  interesting  job  with  his  assignment  and  is  supported  by 
Una  Merkel,  Ben  Lyon,  Isabel  Jewel,  Roscoe  Karns,  Irene  Hervey,  C. 
Henry  Gordon,  Irene  Franklin,  Samuel  S.  Hinds,  Raymond  Hatton 
and  others.    George  B.  Seitz  directed. 

Left  by  his  wife  for  another  man,  Kruger  plays  around  with  other 
women,  including  Miss  Jewel,  who  really  cares  for  him.  He  courts  her 
but  doesn't  take  the  affair  seriously,  still  hoping  his  wife  will  return 
to  him.  He  promises  to  aid  Miss  Hervey,  wliose  father  has  been  accused 
of  murdering  his  wife,  but  walks  out  on  the  deal  when  Miss  Jewel  insists 
they  go  away  together  for  a  rest.  The  case  is  tried  by  Lyon,  his  junior 
partner,  and  he  loses  it.  When  Kruger  returns  he  learns  the  woman 
nmrdered  was  his  wife.  He  goes  to  the  grave  in  a  bitter  storm,  catches 
pneumonia,  but  recovers  sufficiently  to  take  an  active  part  in  an  appeal 
for  Miss  Hervey's  father. 

Cliecking  into  the  life  of  his  wife,  he  finds  Gordon  had  been  paying 
her  attention  and  through  a  ruse  gets  the  racketeer  into  his  apartment 
for  a  confession  which  turns  out  to  be  a  life-saver  for  Hinds.  With 
this  out  of  the  way,  Kruger  marries  Miss  Jewel,  Lyon  and  Miss  Hervey 
decide  to  do  the  same  thing,  and  Karns  and  Miss  Merkel  agree  to  follow 
suit. 


''Love  Waltz*' 

(Ufa) 

One  of  the  last,  if  not  the  final,  pictures  Lilian  Harvey  appeared  in  for 
Ufa.  The  photography,  compared  to  her  recent  American  pictures,  does 
not  do  her  justice.  There  is  some  scintillating  music,  which  is  one  of 
the  few  redeeming  features  of  the  picture.  Georg  Alexander  looks  like  a 
find  and  it  is  surprising  that  he  has  not  yet  been  brought  over  by  Ameri- 
can producers.    Erich  Pommer  produced  and  Wilhelm  Thiele  directed. 

The  story  starts  at  the  Fould  Motor  Works  in  America  and  then 
switches  to  Lowenberg,  where  the  hero,  impersonating  his  master  by 
command,  becomes  engaged  to  Miss  Harvey,  a  princess,  and  later 
involved  in  a  marriage  that  eventually  turns  out  to  be  a  real  love  afYair. 

Done  on  a  pretentious  scale,,  it  is  drawn  out  needlessly  and  fails  to 
develop  into  "A"  entertainment.  It  is  probably  better  suited  for  neigh- 
borhood houses,  particularly  those  among  German  residents.  John  Batten 
and  Hans  Junkerman  also  play  important  roles.  Very  little  of  the  dia- 
logue is  in  German. 


Denver  Tips 
"Dancing"  to 
Big  $15,000 


Denver,  Dec.  10. — "Dancing  Lady" 
at  $15,000  easily  copped  top  spot 
among  first  run  films,  packing  the 
Orpheum  several  days,  and  doing 
strong  business  other  times.  The  over- 
flow was  so  big  Saturday  night  the 
box-ofifice  was  closed  from  8  to  9 :30, 
and  on  Sunday  night  the  crowds  were 
not  seated  until  after  10  o'clock.  New 
house  records  were  set  for  both  Satur- 
day and  Sunday,  and  the  opening  day 
was  just  a  few  dollars  short  of  the 
record  since  the  return  of  stage  shows. 

All  other  first  runs,  with  the  ex- 
ception of  the  Paramount,  were  below 
average  for  the  week.  "The  Prize- 
fighter and  the  Lady"  proved  disap- 
pointing, this  being  Max  Baer's  home 
state.  The  overflow  from  the  Orpheum 
passed  it  up  and  went  across  the  street 
to  the  Paramount,  where  the  admission 
was  a  dime  less.  "Cradle  Song"  was 
yanked  after  three  and  one-half  days. 

Total  first  run  business  was  $31,000. 
Average  is  $30,500. 

Estimated  takings  for  the  week  end- 
ing Nov.  30 : 

"EVER  IN  MY  HEART"   (Warners) 

ALADDIN— (1.500)  25c-40c-50c,  7  days. 
Gross:    $3,000.      (Average,   $3,500.) 

"CRADLE   SONG"   (Para.) 
DENHAM— (1,500),   25c-30c-40c,   3'A    days. 
Gross:    $2,250. 

"GOLDEN    HARVEST"    (Para.) 
DENHAM— (1,500),   25c-30c-40c,    3^    days. 
Gross:    $2,750.      (Average    for   week,    $7,500.) 
"THE    PRIZEFIGHTER    AND    THE 

LADY"   (M-G-M) 
DENVER— (2,500),     25c-35c-50c,     7     days. 
Gross:    $4,000.      (Average,    $6,000.) 

"DANCING   LADY"    (M-G-M) 
ORPHEUM— (2.600),    25c-35c-40c,    7    days. 
Stage     show.       Gross:     $15,000.       (Average, 
$10,000.) 

"THIS  MAD  GAME"  (Fox) 
PARAMOUNT— (2,000),    25c-40c,    3    days. 
Gross:   $1,500. 

"HAVANA   WIDOWS"    (Warners) 

PARAMOUNT— (2,000),  25c-35c-40c,4  days. 

Gross:  $2,500.     (Average  for  a  week,  $3,500.) 


Jolsons  to  Come  East 

Hollywood,  Dec.  10. — Mr.  and 
Mrs.  Al  Jolson  plan  to  leave  Holly- 
wood the  latter  part  of  this  week  for 
New  York  to  spend  the  holidays. 

Jolson's  current  picture  for  War- 
ners, "Wonder  Bar,"  has  been  com- 
pleted with  the  exception  of  two  spe- 
cial numbers  which  will  have  three 
weeks'  rehearsals  with  Busby  Berke- 
ley directing  before  they  are  ready  to 
shoot.  He  will  return  immediately 
after  Christmas  to  sing  with  the 
numbers. 


Lou  Holtz  on  Coast 

Hollywood,  Dec.  10. — Lou  H(jltz, 
stage  and  radio  comedian,  has  arrived 
from  New  York  to  appear  in  a  series 
of  shorts  at  Columbia. 

Holtz  was  accompanied  liy  his  one 
and  only  stooge,  H.  Leopold  Sha- 
wolskv. 


Warners  Close  Two 

.VIan-skikld,  D.,  Dec.  10.— The  Ma- 
iestic,  second  run  Warner  house,  has 
been  shuttered.  Likewise,  Warners' 
.State,   at    Lima. 


Seadler  in  Miami 

Si  .Seadler  of  M-G-M  has  flown  to 
Miami  for  a  week's  vacation. 


SIN 


—Can  It  Ever 
Be  Right?  Can  It  Ever  Be 
Forgiven  —  Must  It 
Always   Be   Punished? 


WHOSE  SIN? 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithfut 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  137 


NEW  YORK,  TUESDAY,  DECEMBER  12,  1933 


TEN  CENTS 


Asserts  Loew 
And  Fox  Back 
In  Chase  Fold 


Court    Told    Stock  Sale 
Will  So  Result 

An  absence  of  bidders  for  the  660,900 
shares  of  stock  of  Loew's,  Inc.,  which 
holders  of  $20,000,000  of  defaulted 
notes  of  Film  Securities  Corp.  are 
seeking  to  foreclose  on,  is  viewed  as 
returning  control  of  Fox  Film,  Loew's 
and  M-G-M  to  a  single  interest,  there- 
by nullifying  the  results  originally  ob- 
tained by  setting  up  Film  Securities 
Corp.  to  end  control  of  Loew's  by 
Fox,  Federal  Judge  John  Knox  was 
told  yesterday. 

At  a  hearing  to  pass  on  the  proposed 
sale  of  the  block  of  Loew's  stock  at 
public  auction,  scheduled  to  take  plai;e 
today,  Saul  E.  Rogers,  attorney  for 
Harley  L.  Clarke,  who  holds  800,000 
shares  of  General  Theatres  Equipment 
stock,  pointed  out  to  the  court  that 
the  absence  of  known  bidders  for  the 
Loew's    securities    indicated    that    the 

(Continued  on   pacic  3) 


Rosenblatt  May  Be 
Chairman  of  "C.A." 

With  his  appointment  as  second  gov- 
ernment representative  on  code  au- 
thority, Deputy  Administrator  Sol  A. 
Rosenblatt  is  viewed  by  local  exhibi- 
tor leaders  as  chairman  of  the  body 
as  well.  Lawrence  A.  Lowell  was 
the  first  government  appointee  and 
the  third  will  be  named  before  the 
initial  session  of  the  group  is  called. 

When  the  code  authority  meets  the 
first  step  will  be  to  elect  a  chairman. 
(Continued  on  pape  7) 


Poll  Gets  Started; 
Blumenthal  Is  Head 

With  the  election  of  A.  C.  Blumen- 
thal as  president  and  S.  Z.  Poli  as 
treasurer,  Poli-New  England  is  now 
in  full  charge  of  Poli,  who  is  operat- 

(Continued  on  page  3) 


Double  Check 

Eddie  Golden,  general  sales 
manager,  is  now  making  a 
tour  of  Detroit,  Cleveland, 
Milwaukee  and  Chicago  terri- 
tories. 

Purpose  is  to  check  up  on 
Red  Kann's  survey  on  condi- 
tions throughout  the  Middle 
West,  says  Ray  Johnston. 


The  Code — Up  to  Now 


By  MARTIN  QUIGLEY^ 


REFERRING  to  an  article  published  in  a  recent  issue  of  Motion 
Picture  Daily,  Mr.  Sol  A.  Rosenblatt,  deputy  administrator,  in 
an  address  before  a  group  of  Philadelphia  territory  exhibitors, 
declared : 

"No  one  is  entitled  to  criticize  the  code  until  it  has  been  tested  in 
actual  operation." 

To  Mr.  Rosenblatt's  declaration  we  take  decided  exception  for  a  num- 
ber of  reasons,  among  which  is  the  fact  that  we  are  not  aware  that  the 
National  Industrial  Recovery  Act  makes  any  provision  for  a  suspension 
of  the  freedom  of  the  press. 

We  wish  to  remind  Mr.  Rosenblatt  that  during  the  several  months  of 
hectic  negotiations  leading  up  to  the  formulation  of  a  Code  of  Fair 
Practice  for  the  Motion  Picture  Industry  this  publication  and  its 
colleague,  Motion  Picture  Herald,  scrupulously  refrained  from  assum- 
ing a  critical  viewpoint,  despite  the  incentive  to  do  so  afforded  on  the 
many  occasions  when  the  negotiations  wandered  along  absurd  and 
ridiculous  by-paths. 

These  publications,  although  finding  very  little  to  be  enthusiastic 
about,  did,  in  fact,  seek  in  all  practical  ways  to  lend  enthusiastic  co- 
operation. They  refrained,  for  instance,  from  comment  on  various 
blatant  public  assertions  of  General  Hugh  S.  Johnson,  although  many 
of  these  seemed  to  cloud  up  the  industry's  horizon.  Also  it  avoided 
discussion  of  Mr.  Rosenblatt's  leap-frog  proclivities  in  hopping  from  one 
side  of  a  question  to  the  opposite,  all  within  the  space  of  time  between  two 
conferences.  Further,  it  did  not  quarrel  with  Mr.  Rosenblatt  when  he 
carefully  ladled  out  misinformation  to  the  press  or  when  he  declined 
to  answer  questions  which  were  perfectly  proper  to  the  time  and  place. 

But  when  the  code  was  finally  formulated  and  after  it  had  been  signed 
by  the  President  and  delivered  to  the  industry  as  the  law  under  which 
it  must  seek  to  live,  then,  it  seemed  to  us,  the  very  proper  and  logical 
moment  for  discussion  had  arrived.  But  Mr.  Rosenblatt  in  precisely  the 
manner  we  would  expect  if  the  Constitution  of  the  United  States  had, 

(Continued  on  page  6) 


Corrective  Era  Here — Kohn; 
It  Is  Up  to  Product— Lasky 


By  JESSE  L.  LASKY 
Producer  for  Fox 

Hollywood,  Dec.  11. — In  signing  the 
motion  picture  code  of  practice  and 
ethics,  the  Pres- 
ident of  the 
United  States 
has  effectively 
forced  upon 

producers  an  in- 
strument of  mu- 
tual coopera- 
tion. The  basic 
idea  behind  the 
code  is  sound.  It 
will  end  many 
evils  under 
which  the  in- 
dustry has  la- 
bored for  many 
years  with  no 
prospect  of  rem- 
edy. As  I  see  it,  this  code  will  classify 
(Continued  on  pane  4) 


By  RALPH  A.  KOHN 
Vice-President,   Paramount 

Any  thorough  study  of  theatre  ad- 
missions covering  the  last  three  years, 
convinces  one 
that  the  busi- 
ness curve  fol- 
lows the  curve 
of  other  indus- 
tries. 

It  is  astonish- 
i  n  g,      for     ex- 
ample,   to    com- 
pare  grosses   at 
theatres  in  var- 
ious   parts    of 
the     country 
with     the     elec- 
tric power  con- 
sumption   curve 
tor    that    local- 
ity.    Those  that  I  have  seen  fluctuate 
almost    in    identical    fashion,    and    the 
(Continued   on   pane  4) 


Warners  Hold 
Control;  All 
Are  Reelected 


Preferred      Stockholders 
Only  Ones  to  Vote 


In  the  Black 

Wilmington,  Dec.  11. — War- 
ners have  a  $100,000  profit  in 
prospect  for  the  first  quarter 
of  the  new  fiscal  year  ending 
Nov.  25,  said  Samuel  Carlisle, 
comptroller,  at  the  annual 
stockholders'  meeting  today. 

This  would  compare  with  a 
loss  of  $1,766,000  in  the  cor- 
responding period  of  last 
year. 


Wilmington,  Dec.  11. — The  three 
Warners — Harry  M.,  Albert  and  Jack 
L. — retained  control  of  their  company 
today  at  the  annual  election  of  direc- 
tors in  spite  of  the  fact  that  for  the 
first  time  only  preferred  shareholders 
could  vote. 

Unlike  last  year's  stockholders' 
meeting  there  was  ho  friction  and 
John    P.    Laffey,    former    counsel    for 

(Continued   on  page  2) 


Settle  Youngclaus 
Suit  Out  of  Court 

Lincoln,  Neb.,  Dec.  11. — Eleven 
major  distributors,  members  of  the 
Omaha  Film  Board  of  Trade,  today 
settled  the  $255,000  damage  suit  of 
William  N.  Youngclaus  as  the  case 
was  called  for  trial  in  Federal  Court 

(Continued   on  page   4) 


Missouri  Sales  Tax 
Bill  Ruled  Invalid 

Kansas  City,  Dec.  11. — Missouri's 
one  per  cent  sales  tax,  which  has 
passed  the  House  and  is  now  pending 

(Continued  on  page  3) 


Maybe 


Jack  Cohn  tells  the  story  of 
two  Americans  in  Paris. 

"Say,"  said  the  first,  "I've 
been  here  three  days  and 
haven't  been  to  the  Louvre 
yet." 

"Maybe  it's  the  water,"  an- 
swered the  second. 


MOTION  PICTURE 

DAILY 


Tuesday,  December   12,    1933 


MOTION  PICTURE 

DAILY 

(Kegistered  U.  S.  Patent  OflSce) 


\ol.    .U 


I'tcembcr    1-',    19}3 


No.    137 


Martin  Quicley 
Editor-in-Chief  and  Publisher 


MAURICE    KANN         M^A 

Editor 
JAMES  A.  CRON 
Advertising   Maruiger 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary ot  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 "yuigpubco.  New  York."  All  con- 
tents copyrighted  1933  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. 

Hollywod  Bureau:  Pacific  States  Life 
Building,  \'ine  and  Yucca  Streets,  Victor 
-U.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edivin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  II  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Elsie  Pornhagen  Dead 

Elsie  Pornhagen,  secretary  to  S. 
Charles  Einfeld,  died  Sunday  morning 
as  the  result  of  an  unsuccessful  throat 
operation,  it  was  learned  yesterday. 
She  was  well  known  throughout  the 
New  York  trade  and  had  been  a 
Warner  employe  for  14  years,  having 
.started  with  the  original  First  Na- 
tional. 

A  husband,  Arthur  Munzer,  three 
brothers  and  her  immediate  family 
survive  Miss  Pornhagen.  Funeral 
services  will  he  held  tonight. 


'ASK  THE  MAN 
WHO  PLAYED  IT" 

NOW  ACCEPTING 

DATES  FOR 

NEXT  TEN  YEARS 

Greatest    Perpetual    Roadshow 
Motion   Picture   Ever  Produced 


Fordotteif 


For  State  Rights  Apply  To 

JEWEL    PROD.    INC. 

723-7th  Avenue,        N.  Y.  City 


Warners  Hold 
Control;  All 
Are  Reelected 


(Continued  from  page  1) 
E.  I.  duPont  de  Nemours,  who  was 
elected  a  director  last  year,  reported 
charges  of  mismanagement  and  irreg- 
ularities made  at  that  time  were  with- 
out foundation. 

The  election  was  in  the  hands  of  the 
preferred  shareholders  because  the 
company  had  passed  four  dividends. 
The  directors  reelected  were  the  three 
Warners,  Abel  Cary  Thomas,  Wad- 
dill  Catchings  and  Henry  A.  Rudkin, 
the  latter  three  being  friendly  to  the 
Warners.  The  board  will  meet  in 
New  York  Dec.  19  to  reorganize. 

Following  aijnouncement  of  the  vote 
a  recess  was  taken  so  the  tellers  could 
go  through  the  formality  of  completing 
the  count  of  common  stock  repre- 
sented. More  than  2,000,000  shares,  a 
quorum,  were  represented.  Ivan  Cul- 
bertson,  associated  with  former  Judge 
Hugh  M.  Morris,  counsel  for  the  firm, 
presided  in  the  absence  of  Morris. 

In  reporting  on  his  year's  work  as 
a  director,  Laffey  said : 

"Since  my  election  I  have  attended 
all  the  monthlv  tneetings  of  the  di- 
rectors but  one.  I  have  paid  close 
attention  to  the  corporation's  business. 
I  accepted  election,  because  of  a  per- 
sonal interest  in  the  corporation,  and 
because  you  also  have  a  personal  in- 
terest, and  I  desired  to  inquire  into 
the  wild,  charges  of  irregularity  and 
mismanagement. 

Everything  Proper,  He  Says 

"Let  me  now  assure  you  on  my 
personal  honor  that  nothing  has  been 
done  at  these  directors'  meetings  by 
the  three  Warner  brothers,  or  anyone 
else,  that  was  not  entirely  proper  and 
regular  and  in  every  way  respectable. 

"Since  the  last  annual  meeting  the 
stock  of  the  company  itself  has  in- 
creased 500  per  cent  in  value  and  the 
pictures  it  has  exhibited  have  been 
well  received. 

"The  possibility  of  Warner  Brothers 
coming  back  is  just  as  good  as  the 
possibility  of  any  other  company  re- 
covering. The  company  is  now  mak- 
ing wonderful  progress. 

"I  can  tell  vou  that  your  company 


is  well  managed  and  that  the  interests 
of  the  stockholders  are  being  as  well 
conserved  as  the  interests  of  stock- 
holders in  any  other  company  when 
we  take  into  consideration  the  trouble- 
some times  through  which  we  are 
passing. 

"As  I  said,  I  accepted  the  director- 
ship to  find  out,  as  near  as  I  could, 
whether  there  were  any  grounds  for 
these  charges  of  mismanagement  and 
irregularities.  I  found  none.  The  di- 
rectors have  considered  nothing  except 
on  its  merits.  There  has  been  no  dis- 
position on  the  part  of  the  directors 
to  gouge  or  to  take  unfair  advantage 
of  the  stockholders." 

None  of  the  Warners  attended. 

Charles  S.  Guggenheimer,  who  took 
the  chair  after  Laffey  had  finished, 
concurred  in  his  statements. 

Salaries   Are   Questioned 

Stephen  L.  Lesher  of  Philadelphia, 
one  of  the  largest  individual  preferred 
stockholders,  made  a  motion  that  an 
itemized  list  of  salaries  of  officers  and 
directors  of  Warners  and  its  subsidi- 
aries be  furnished. 

Guggenheimer  pointed  out  that 
Samuel  Carlisle,  comptroller,  was 
present  and  could  furnish  figures  con- 
cerning the  salaries  of  the  three  War- 
ners. He  said  he  did  not  think  in- 
formation as  to  salaries  of  others 
should  be  given  to  competitors,  who 
would  take  advantage  of  it.  He  said 
the  company  had  lost  two  valuable 
men  during  the  past  year,  because 
their  salaries  became  known.  They 
were  assumed  to  be  Darryl  F.  Zanuck 
and  George  Arliss. 

Carlisle  announced  that  for  the  six 
weeks  subsequent  to  March  4,  during 
the  time  when  the  bank  holiday  was 
in  eff'ect,  the  Warners  called  to  re- 
ceive their  salaries,  but  waived  any 
claim  to  payments  not  obtained.  In 
addition,  they  collectively,  he  said,  are 
receiving  $5,000  per  week,  waiving  all 
salary  claims  under  their  contract 
which  allows  them  $10,000  per  week, 
collectively.  Following  Carlisle's  state- 
ment, Lesher  withdrew  his  motion. 


Barthelmess'  Pact, 
Chatterton's  Ending 

Hollywood,  Dec.  11.  —  Richard 
Barthelmess  and  Ruth  Chatterton  fin- 
ish their  contracts  with  Warners 
with  their  current  pictures.  The 
former  is  going  to  Europe  and  the 
latter  has  signed  with  Radio  for  one 
picture. 


Most  Issues  Slump  Slightly 

Net 

„  ,       ,  .        „.  High  Low  Close  Change 

Columbia     Pictures,     vtc 265^  26M  26'/^  

Consolidated  Film  Industries 3  2J4         2J4  —'A 

Consolidated    Film    Industries,   pfd 9%         9%  9]/^  J4 

Kastman    Kodak    w/^        8254  82^  —  ^ 

[•ox    iMlm   "A" 1414        14  I4j^  4.14 

l.oews.  Inc.  33^        325^  32/2  -  Ji 

I'ar.imount    Publix    1^  \y^  \y^  

I'athc   Exchange    2!4  2  2  —  Vs, 

Pathe    Kxchange    "A" 14^        13  13  —  Ji 

'<K"     ••■■ 2/.  2-A  VA        +>/8 

V\arner    Pros 6^  6J^  6V^        —  V^ 

Technicolor  Off  7%  on  Curb 

Net 
_     ,     .     ,  High      Low      Close      Change 

Technicolor   97^  8/2  8K        ~W>. 

"'■a"''    f-"x    l-M  154         W\       —  Vk 

Paramount  Publix  Bonds  Up  One 

Net 

,.  ,    „,  ^      .  High  Low  Close  Change 

f.tncral    Theatre    Equipment    6s    '<«) 3'A  3%  3'A  —  Vg 

Keith    B.    F.    6s    '46 47  47  47  

Lfjcw's    6s    '41,    WW    deb    rights sm        81  81Ji  +l'A 

Paramount    Publix    S'As    'SO 27  26  27  -|-1 

RKO  6s    '41,    pp 15  15  15 

Warner    Bros.    6s    '39,    wd 41  40  40J^  —  '/a 


Sades 

200 

200 

100 

1,900 

800 

4,500 

1,800 

5,900 

5,900 

2,200 

4,000 


Sales 

1,400 
400 


Sales 

3 
1 
9 
6 
1 
25 


i  Purely 
Personal  ► 


NED  DEPINET  was  host  at  a 
Tavern  luncheon  for  "Pan"  Ber- 
MAN  yesterday.  Among  those  present 
were  Jules  Levy,  E.  A.  McEvoy, 
Cresson  Smith,  Walter  Branson 
and  Bob  Wolff. 

Harry  Rathner,  general  sales 
manager  for  Principal,  is  in  Chicago", 
having  accompanied  Sol  Lesser^  pres- 
ident, to  the  Windy  City  enroute  to  the 
coast. 

Major  Edward  Bowes  will  super- 
vise the  entertainment  at  the  Tribute 
Dinner  to  be  tendered  Grover  A. 
Whalen  at  the  Waldorf-Astoria  to- 
morrow night. 

Mrs.  Ad  Schulberg  will  be  a  guest 
star  on  one  of  the  future  Rudy  Vallee 
broadcasts  over  the  Fleischman  hour. 
She  returns  to  the  coast  in  three 
weeks. 

Joe  Pollak,  former  president  of 
National  Screen,  is  renewing  friend- 
ships around  New  York.  He's  been 
living   abroad  for  a   couple  of  years. 

Wera  Engels  will  make  her  bow 
on  the  stage  shortly  in  "The  Angel," 
which  Crosby  Caige  is  producing. 

Sadie  Feueestein,  secretary  to  Al 
Lichtman,  is  recuperating  at  her 
home  following  a  throat  operation. 

B.  a.  Rolfe  and  his  orchestra  have 
been  signed  by  Vitaphone  to  make  a 
short. 

Mary  Pickford  will  arrive  in  town 
this  morning  from  the  coast,  and  \yill 
remain  for  a  short  vacation. 

Peter  Freuchen,  author  of  "Es- 
kimo," is  leaving  for  Hollywood  to- 
morrow. 

Ralph  Staub  claims  he  broke  all 
shooting  records  on  his  last  Vitaphpne 

short. 

Walter  Futter  is  on  his  way  to 
the  coast  by  automobile. 

Walter  Branson,  Midwestern  di- 
vision manager  for  RKO,  is  in  town. 

Helen  Morgan  has  been  engaged 
for  a  Vitaphone  two-reeler. 

Al  Jolson  and  Ruby  Keeler  are 
vacationing  at  Palm  Springs. 


Seidelman  on  Job 

J.  H.  Seidelman,  general  foreign 
manager  of  Columbia,  returned  to  his 
desk  yesterday  after  being  confined  to 
his  home  ill  for  the  last  week. 


Cochrane  Back  to  Japan 

Tom  Cochrane,  head  of  Paramount 
activities  in  Japan,  is  on  the  high  seas 
after  a  short  visit  here. 


« 


Einfeld  Due  Thursday 

S.  Charles  Einfeld,  Warner  pub- 
licity and  advertising  chief,  returns 
from  Hollywood  Thursday  morning. 


Tuesday,   December    12,    1933 


MOTION-  PICTURE 

DAILY 


Para.  Equity 
Receiver  Cost 
Facing  Fight 


Opposition  to  payment  of  any  part 
of  the  $296,053  expenses  for  adminis- 
tration of  Paramount  Publix  during 
its  seven  weeks  of  equity  receivership, 
from  Jan.  26  to  March  14,  will  be 
made  by  Saul  E.  Rogers,  attorney  for 
a  Paramount  Publix  bondholders' 
group,  when  the  petition  for  payment 
comes  before  Referee  Henry  K.  Davis 
for  examination  by  creditors  on  Dec. 
18,  Rogers  said  yesterday. 

The  attorney  will  base  his  objec- 
tions to  payment  of  the  expenses 
asked,  he  said,  on  the  grounds  that 
the  U.  S.  District  Court  acted  with- 
out jurisdiction  in  appointing  Adolph 
Zukor  and  Charles  D.  Hilles  equity 
receivers  for  the  company  last  Janu- 
ary. 

"There  was  no  necessity  for  a  Para- 
mount Publix  receivership  at  the 
time,"  Rogers  said.  "Zukor  could 
have  continued  as  president  of  the 
company  with  more  power  than  was 
his  as  an  equity  receiver.  The  ex- 
penses of  the  receivership  were  un- 
warranted and  I  shall  oppose  payment 
of  any  part  of  them." 

The  expense  petition  asks  $30,000 
for  Hilles'  services  as  equity  receiver 
and  $23,047  for  Zukor's.  The  remain- 
ing $189,805  is  for  attorneys'  fees  in- 
curred under  the  receivership. 

A  meeting  of  Paramount  Publix 
creditors  scheduled  for  yesterday  to 
act  on  various  claims  against  the 
bankrupt  was  postponed  to  Dec.  18. 
On  Dec.  20,  a  creditors'  meeting  is 
scheduled  to  act  on  the  reorganization 
plan  for  Publix  Enterprises,  bankrupt 
theatre  subsidiary  of  Paramount  Pub- 
lix. The  plan  involves  an  offer  by 
Famous  Theatres  Corp.,  recently  or- 
ganized P-P  subsidiary,  to  purchase 
the  assets  of  Publix  Enterprises  for 
$1,800,000,  of  which  $240,000  will  be 
in  cash  and  out  of  which  expenses  of 
the  bankruptcy  administration  for  the 
theatre  company  will  be  paid.  Also 
involved  is  a  consent  reduction  of  a 
Paramount  Publix  claim  of  $1,056,500 
against  Publix  Enterprises,  to  $792,- 
375,  as  proposed  in  Famous  Theatres' 
purchase  offer.  The  Publix  reorgani- 
zation plan  is  scheduled  for  settlement 
Dec.  21  before  Referee  Davis. 

The  same  meeting  will  take  final 
action  on  the  reorganization  plan  for 
Dent  Theatres,  Inc.,  Texas  circuit, 
involving  sale  of  its  assets  to  a  newly 
organized  corporation. 


Missouri  Sales  Tax 
Bill  Ruled  Invalid 

(Continued  from  page  1) 

in  the  Senate  Ways  and  Means  Com- 
mittee, has  been  declared  unconstitu- 
tional by  Roy  McKittrick,  attorney 
general  at  JefTerson  City. 

The  measure  had  been  urged  by 
Governor  Park.  Sales  tax  proponents 
may  write  a  new  bill  or  attempt  to 
salvage  the  old  measure  by  introduc- 
ing amendments. 


Oregon  Men  Fight  Tax 

Portland,  Dec.  11. — Oregon  ex- 
hibitors have  retained  John  Logan 
and  Dan  Malarky,  prominent  attor- 
neys, to  fight  the  four  per  cent  tax 
bill   now   pending   in  the   Legislature. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


'Going  Hollywood" 


(M-G-M) 

Hollywood,  Dec.  11. — The  theme  of  "Going  Hollywood"  is  Cinderella 
in  the  movies  with  musical  interpolations. 

The  tale  tells  of  a  school  teacher,  Marion  Davies,  tired  of  pedagogy, 
and  craving  life  and  romance.  She  falls  in  love  with  a  radio  crooner's 
voice  (Bing  Crosby).  She  then  falls  for  the  crooner  in  person,  runs 
into  romantic  complications  with  the  crooner's  French  sweetie,  gets  a 
break  in  the  crooner's  picture  and  wins  her  errant  knight. 

As  with  all  Marion  Davies'  films,  this  one  is  gorgeously  mounted. 
The  lavish  investitures  give  evidence  of  well-planned  extravagance  in 
sets  and  clothes.  The  picture  has  a  nice  charm  and  is  tuneful  through- 
out. 

Miss  Davies  displays  herself  well,  is  versatile  and  makes  a  happy 
combination  with  Crosby,  whose  popularity  seems  to  rise  with  each 
succeeding  picture. 

The  "After  Sundown"  number  is  a  tuneful  mixture  of  buggy  rides, 
hay  rides,  a  barn  dance  and  rural  romance  in  song  and  rhythm,  staged 
for  good,  homey  efYect. 

The  cast,  including  Ned  Sparks,  Patsy  Kelly,  Stuart  Erwin,  Fifi 
Dorsay  and  Bobby  Watson,  are  all  good. 

Raoul  Walsh's  direction  departs  from  his  customary  robustness  in  his 
first  musical.  Music  and  lyrics  by  Nacio  Herb  Brown  and  Arthur  Freed 
are  singy  and  swingy. 

Properly  exploited,  "Going  Hollywood"  must  be  expected  to  give  a 
good  account  of  itself,  particularly  in  follow-up  playdates. 

Miss  Davies,  with  her  large  newspaper  fan  following,  and  the  box- 
office  value  of  Crosby,  linked  with  the  Cinderella  theme,  should  get  this 
one  over. 

''Sons  of  the  Desert" 

(Roach-M-G-M) 

Hollywood,  Dec.  11. — Laurel  and  Hardy  come  through  with  another 
feature  length  comedy  in  "Sons  of  the  Desert,"  using  the  L.  &  H. 
formula  of  a  pair  of  henpecked  husbands  as  a  skeleton  on  which  to  fabri- 
cate a  story.  A  series  of  gags  well  timed  and  executed  for  laughs  is  sus- 
tained throughout. 

The  story  concerns  a  couple  of  henpecked  husbands  taking  the  fra- 
ternal oath  of  their  lodge,  "Sons  of  the  Desert,"  to  attend  the  annual 
convention  in  Chicago.  Meeting  wifely  opposition  they  feign  sickness, 
bribe  a  doctor,  who  insists  they  must  go  to  Honolulu,  but  they  wind  up 
in  Chicago.  Here  they  meet  delegates  from  other  states,  including  Char- 
ley Chase.  A  lot  of  horse  play  centered  around  a  night  club  is  enacted 
with  plenty  of  production  values.  In  the  meantime  the  wives  read  about 
the  return  boat  from  Honolulu  sinking,  with  but  a  few  survivors.  To 
console  their  grief  in  anticipation  of  bad  news,  they  attend  a  picture 
show  where  news  clips  show  Laurel  and  Hardy  parading  in  Chicago 
with  the  rest  of  the  "Desert  Sons."  Scenes  of  intimacy  with  girls  along 
the  sidelines  of  the  parade  provoke  plenty  of  laughs.  This  builds  to  a 
rib-shaking  climax  with  the  deceiving  husbands  returning  home,  trying 
to  alibi  their  deception. 

Mae  Busch  and  Dorothy  Christy  give  creditable  performances  as  the 
wives,  while  Chase  is  good  as  the  flippant,  wise-cracking  delegate  from 
Texas,  Lucien  Littlefield  also  stands  out  with  a  short  bit  as  the  bribed 
doctor.  Photography  by  Kenneth  Peach  is  well  executed,  with  William 
A.  Seiter  getting  the  most  directorially  out  of  a  well  constructed  story. 
Seiter  has  the  faculty  of  building  up  to  a  gag,  giving  it  plenty,  then 
letting  down  just  long  enough  to  deliver  the  next  jolt. 

Basic  plot  of  the  comedy  is  not  new,  but  the  novel  situations  and  sure- 
fire laugh  provoking  gags  created  by  Frank  Craven  and  Byron  Morgan 
place  it  in  a  category  of  originality  and  audience  entertainment. 

''Flying  Down  ^o  Rio" 

( Radio ) 

Hollywood,  Dec.  11. — "Flying  Down  to  Rio"  is  one  of  the  cleverest 
as  well  as  one  of  the  most  original  musical  entertainments  to  hit  the 
screen  so  far.  The  underlying  mood  is  one  of  warm  romance  expressed 
in  seductive  songs,  colorful  settings  and  rhythmic  dances  on  ballroom 
floor  and  airplane  wing. 

The  love  story  starts  with  a  band  leader  (Gene  Raymond)  fired  from 
a  Miami  hotel  for  flirting  with  a  hotel  guest  (Dolores  Del  Rio).  Dis- 
covering she  is  Brazil-bound  incognito,  he  pilots  her  in  his  plane,  makes 

(Contintted   on  pane  4) 


Asserts  Loew 
And  Fox  Back 
In  Chase  Fold 


(Continued  from  page  1) 

660,900  shares  would  be  acquired  by 
the  banks  which  were  underwriters  of 
Film  Securities'  $20,000,000  of  de- 
faulted notes.  Heading  this  group  of 
banks  is  Chase  National,  which, 
Rogers  pointed  out,  controls  G.  T.  E., 
which  in  turn  controls  Fox.  Acquisi- 
tion of  the  Loew's  stock  by  Chase 
would  also  put  the  bank  in  control  of 
Loew's  and  M-G-M,  Rogers  said, 
thereby  returning  control  of  both  Fox 
and  Loew's  to  a  single  interest  such 
as  existed  prior  to  the  setting  up  of 
Film  Securities  Corp.,  following  an 
anti-trust  suit  brought  by  the  Depart- 
ment of  Justice  in  1929  to  end  control 
of  the  two  companies  by  William  Fox. 

"If  that  develops,"  Judge  Rnox 
commented,  "this  court  will  then  have 
jurisdiction  over  the  case.  In  the 
meantime,  however,  I  must  allow  the 
'Shylocks'  their  'pound  of  flesh.'  The 
stock  is  posted  as  collateral  on  a  de- 
faulted obligation,  and  if  the  banks 
insist  on  foreclosing,  I  do  not  see  how 
this   court  can  interfere." 

Judge  Knox  continued  the  hearing 
on  the  proposed  stock  sale  until  Dec. 

18,  and  postponed  the  scheduled  sale 
itself  until  Dec.   19. 

Rogers  expressed  apprehension  ov_er 
undisclosed  bidders,  who,  he  said, 
might  acquire  the  stock  anonymously 
in  the  event  the  sale  was  authori_zed 
too  soon  after  the  court  hearing  to 
permit  an  investigation  of  the  identi- 
ties of  successful  bidders.  The  court, 
however,  declined  at  this  time  to  fix 
the  proposed  sale  date  later  than  Dec. 

19.  Rogers  said  Clarke's  G.  T.  E. 
holdings  at  one  time  had  a  book  value 
of  more  than  $35,000,000. 


Poll  Gets  Started; 
Blumenthal  Is  Head 

(Continued  from   page    1) 

ing  the  22  houses  with  Louis  M.  Sa- 
gal  as  assistant  treasurer  and  execu- 
tive assistant.  The  current  policy  is 
to  be  continued  for  about  a  month 
when  localized  operation  will  be  set 
up. 

N.  L.  Nathanson  is  interested 
through  stock  purchases.  The  trans- 
fer deal,  consummated  last  week,  is 
retroactive  to  Nov.  15.  There  are 
no  debts  of  any  kind,  all  taxes  are  paid 
and  there  is  plenty  of  cash  in  the 
bank,  according  to  one  of  the  men 
financially    interested    in    the    deal. 

For  the  last  five  months  the  22 
houses  have  been  netting  around  $35,- 
000  a  week,  it  is  said.  Headquarters 
in  New  Haven  have  been  moved  from 
the   Bijou  to  the  Poli   Building. 

The  three  receivers  for  Fox  New 
England  washed  up  their  duties  last 
Wednesday. 


C.  E.  Dickinson  Dead 

RorHESTEK,  Dec.  11. — Charles  E. 
Dickinson,  president  and  general  man- 
ager of  the  Lock  City  Theatres,  Inc., 
of  Lockport,  died  at  his  home  in  that 
city  after  a  long  illness.  He  was 
71   years   old. 

Dickinson  was  one  the  theatre 
pioneers  in  western  New  York.  He 
is  survived  by  his  widow,  two  daugh- 
ters and  three  sons. 


MOTION  PICTURE 

DAILY 


Tuesday,    December    12,    1933 


(I 


Settle  Youiigclaus 
Suit  Out  of  Court 


(Ci>'ititiui-J  from    pa<ie    1) 

here.  Settlement  was  authorized  by 
the  New  York  offices  of  the  defendants 
after  long-distance  telephone  negotia- 
tions. The  amount  was  not  disclosed. 
The  suit  was  a  sequel  to  the  one  in 
which  Youngclaus  won  a  Federal  in- 
junction a  year  ago  -^'Tinst  the  Omaha 
territory  zoning  and  protection  agree- 
ment as  a  violation  of  the  Federal 
anti-trust  laws.  This  second  suit  mere- 
ly attempted  to  collect  damages  alleg- 
edly suffered  by  Youngclaus's  Madi- 
son, Xeb.,  theatre  as  a  result  of  pro- 
tection said  to  have  been  granted  a 
Publix  house  in  Xorfolk,  15  miles 
away. 

Won't  Discuss  Payment 
In  Ivan  Abramson  Suit 

Settlement  last  Friday  of  Ivan 
Abramson's  $1,500,000  anti-trust  suit 
against  the  M.P.P.D.A.  and  a  number 
of  major  companies  was  effected  by 
payment  of  an  undisclosed  sum  de- 
scribed yesterdav  by  representatives  of 
the  defendants  as  "less  than  it  would 
have  cost  to  try  the  suit."  They  in- 
sisted, however,  that  they  saw  "no 
merit"   in   Abramson's  case. 

Mortimer  Hayes,  attorney  for 
Abramson,  declined  to  comment  on 
the  settlement  other  than  to  declare 
that  the  sum  involved  was  "wholly  sat- 
isfactory to  the  plaintiff." 


MOTION  PICTURE  DAILY;!$ 
HOLLYWOOD  PREVIEW 


Hammons  Questioned 
In  Action  by  Amity 

K.  W.  Hammons,  president  of  Edu- 
cational, was  examined  yesterday  in 
connection  with  an  action  brought  by 
Amity  Pictures  to  recover  distribution 
revenue  alleged  to  be  due  on  Tiffany 
productions,  rights  to  which  have  been 
acquired  by  Amity.  The  examination 
took  place  in  Hammons'  office  and  will 
be  resumed  Friday. 

Authorization  to  conduct  the  ex- 
amination before  trial  was  given  re- 
cently by  the  \ew  York  Supreme 
court,  before  which  the  case  goes  to 
trial  in  February.  H.  William  Fitel- 
son  is  counsel  for  Amity. 


(C<>»i/niHr<(  from   tatie   i) 

a  forced  landing  at  I'ort  an  Prince  and  falls  in  love.  In  Rio  he  finds 
the  parents  of  the  Brazilian  beauty  have  decreed  she  must  marry  a  local 
boy  (Raul  Roulien).  Romance  finds  imique  .screen  expression  through 
the  use  of  a  visual  image  of  the  boy's  inner  self  talking  to  his  outer 
self,  then  showing  a  conversation  between  the  two  personalities  of  the 
girl. 

The  production  is  lavish  in  its  beauty,  full  of  glamour,  girls  and 
times,  with  a  novelty  finale  using  the  sky  as  a  stage  and  airplanes  as 
accessories  and  girls  on  the  wings  strutting  their  stuff  as  the  planes  zoom 
high  above  Rio  harbor.  The  distinctive  showmanship  plea  is  bound  to 
thrill  with  its  combination  of  femininity,  danger  and  awe-inspiring  scenic 
splendors. 

.Miss  Del  Rio,  absent  too  long  since  '"The  Bird  of  Paradise,"  is  a 
ravishing  eyeful.  Fred  Astaire,  as  Raymond's  pal,  nearly  steals  the  show 
with  his  dancing,  and  the  comedy  is  split  between  him  and  Ginger 
Rogers.    Roulien,  Brazil's  Clark  Gable,  is  attractive  as  the  local  lover. 

\  incent  Youman's  melodies  linger  tunefully  in  the  memory.  His 
"Carioca"  number  blends  the  rhumba  with  a  sort  of  Brazilian  bolero 
thumping  its  mad  beat  in  a  dance  spectacle  that  quickens  the  pulse  in  a 
musical  crescendo.  "Moonlight  and  Orchids,"  sung  by  Roulien,  is  a  plain- 
tive love  song  in  romantic  atmosphere.  The  "Flying  Down  to  Rio" 
number,  with  nature's  canopy  for  cyclorama,  tops  the  tunes  on  high. 
Lou  Brock  should  be  congratulated  for  his  production,  conceived 
smartly  with  an  eye  on  the  Latin  markets. 

Domestic  box-offices  should  welcome  "Flying  Down  to  Rio."  It  dares 
to  be  different  and  achieves  an  entertainment  quality  that  usually  attracts 
the  big  grosses. 


Singles  Going  Big; 
Portland  Duals  Fair 

PoRTLANu,  Dec.  11. — It's  a  contest 
between  singles  and  duals  here,  with 
the  singles  making  a  remarkable 
showing  at  present.  All  three  of  the 
single  bill  houses  arc  having  hold- 
overs. 

"Little  Women"  is  in  its  second 
week  at  Hamrick's  Music  Box  after 
a  remarkable  first-week  showing. 
After  two  weeks  at  the  Music  Box 
"Only  Yesterday"  is  now  playing  a 
holdover  at  the  Oriental,  and  "Foot- 
light  Parade"  is  in  its  sixth  Portland 
week  at  the  Blue   Mouse. 

"Duck  Soup"  and  "Worst  Woman 
in  Paris"  are  better  than  average  at 
the  Paramount  and  the  Liberty,  the 
other  dual  house,  is  doing  well  with 
"This  Mad  Game"  and  "Sitting 
Pretty." 


Corrective  Era  Here—Kohn; 
It  Is  Up  to  Product — Lasky 


De  Mille  in  East 

Cecil  B.  iJe  Mille  arrives  in  Wash- 
ington today  from  the  coast  to  discuss 
with  government  officials  an  adjust- 
ment on  his  taxes.  He's  due  here  the 
end  of  the  week. 


By  JESSE  L.  LASKY 
Producer  for  Fox 

(Coiitiinicd  from    pai/e    1) 

all  branches  of  the  industry,  outline 
their  specific  duties  as  a  basis  for 
just  wages  and,  more  important  still 
to  the  rank  and  file,  it  provides  ade- 
quate compensation  and  working 
hours  for  all  classes  of  employees. 

I  can't  help  but  think  that  the  in- 
dustry will  be  benefited  by  the  mutual 
c(K>peration  the  code  impo.ses.  Under 
a  temporary  arrangement  many  more 
workers  were  given  jobs  and  fairer 
remuneration. 

The  code,  however,  will  not  solve 
all  the  ills  of  the  business.  Only 
good  pictures  can  return  the  industry 
to  the  prosperity  it  once  enjoyed.  I 
believe  that  we  are  reaching  out  in- 
to novelties  for  our  i)roduct,  films  that 
have  meaning  and  purpose.  The  last 
two  months  have  witnessed  a  great 
improvement  in  screen  entertainment 
— and  the  chief  reason  for  all  this  is 
that  we  are  no  longer  afraid  of  ta- 
boos.    We're  doing  things. 


Butler  Back  with  Roach 

Hoi.i.vwooi),  Dec.  11. — After  an  ab- 
sence of  four  years.  Frank  Butler 
returns  to  the  Roach  .studios  Jan.  1 
as  head  of  the  story  department. 
When  Butler  was  at  the  Roach 
studios  last,  he  functioned  as  writer 
and  director  of  the  "Family  Spat" 
comeflv    series. 


Beecher  Loses  Mother 

Milton  Beecher  lost  his  mother, 
Mfjllic,  54,  over  the  week-end  when 
she  died  of  pneumonia.  Beecher  is 
a  member  of  the  M-G-M  publicity 
department   handling   fan   magazines. 


By  RALPH  A.  KOHN 
Vice-President,  Paramount 

(.Continued  from    page    1) 

electric  power  consumption  curve  is 
one  of  the  chief  indices  used  for  de- 
termining  business   trends. 

Any  prognostication,  therefore,  as 
to  the  trend  of  the  business  in  1934  is 
impossible  unless  one  wishes  to  haz- 
ard a  guess  as  to  the  trend  of  gen- 
eral business  for  that  year.  There 
are,  at  the  present  time,  too  many 
factors  involved  and  too  many  experi- 
ments being  had  to  hazard  such  a 
guess.  If  the  experiment  that  the 
Government  has  entered  with  the 
fluctuating  value  of  the  dollar  with- 
out determining  a  point  of  gold  con- 
tent works  for  the  benefit  of  general 
business,  which  up  to  the  present  most 
recognized  economists  deny,  then  the 
picture  business  will  be  benefitted  and 
will  improve  during  1934.  If  this 
experiment  proves  a  failure  and  hurts 
general  business,  then  the  picture  bus- 
iness will  suffer  in   1934. 

Irrespective  of  these  factors  which 
will,  of  course,  affect  only  gross,  there 
arc  other  factors  affecting  the  picture 
industry  which  will  have  to  be  cor- 
rected and  in  my  opinion  1934  will  be 
another  reconstruction  year.  A'lythical 
equities  of  landlords  of  theatres  will 
have  to  be  liquidated  and  fixed 
charges  generally  reduced  in  order  to 
put  the  industry  back  on  a  sound 
financial  basis.  A  most  hopeful  and 
encouraging  fact  regarding  all  of  this 
is  that  those  with  whom  the  responsi- 
bility now  lies  for  rehabilitation  of 
this  business  all  seem  to  realize  what 
the  troubles  are.  and  this  should  be 
the  first  step  towards  their  correction. 


Pictures  to  Come 
Under  U.  S.  Survey 

Washington,  Dec.  11. — An  ex- 
haustive census  of  business,  including 
a  survey  of  the  amusement  indus- 
tries, to  show  what  has  happened  dur- 
ing the  depression  period  is  to  be 
undertaken  by  the  U.  S.  Census  Bu- 
reau with  funds  provided  by  the  Civil 
Works  Administration,  it  was  an-  , 
nounced  today  by  Secretary  of  Com-  : 
merce    Roper.  I 

The  census  is  designed  to  serve  as  i 
the  basis  for  planning  and  adjust-  t 
ments  by  individual  business  houses. 
The  inclusion  for  the  first  time  of 
many  service  trades,  including  amuse- 
ments, will  make  it  possible  to  ascer- 
tain where  the  consumer's  dollar  is 
spent. 


Fox  First  Runs  Go     . 
Into  East  Lihertjfl 

Pittsburgh,  Dec.  11.— As  a  result 
of  the  failure  to  get  the  Alvin  open 
as  per  schedule,  the  Harris  interests 
are  sending  several  of  their  contracted 
Fox  pictures  to  the  800-seat  Harris- 
Family  in  East  Liberty,  a  second  run 
house.  In  the  last  10  days,  the  Fam- 
ily has  played  three  successive  Fox 
pictures  on  Pittsburgh  first  runs 
"Power  and  the  Glory,"  "Walls  of 
Gold"  and  "The  Worst  Woman  in 
Paris?" 

In  several  cases,  due  to  the  tieup 
111  this  territory,  Fox  has  released 
pictures  in  the  outlying  districts  with- 
out even  a  first  run  showing  in  the 
city   proper. 


Wood  Reengaged  as 
Ohio  MPTO  Manager 

CoLUiMBus,  Dec.  11.— p.  J.  Wood 
has  been  reengaged  as  business  man- 
ager of  the   M.   P.   T.   O.  of  Ohio. 

The  new  board  of  directors  has 
picked  the  following  as  a  legislative 
committee:  J.  Real  Neth,  Columbus, 
chairman;  W.  A.  Finney,  Henry 
Bieberson,  Sam  E.  Lind,  Martin  G. 
Smith  and  Wood.  Another  commit- 
tee which  includes  Finney,  Max 
Stearn,  and  Wood  has  been  chosen 
to  redraft  the  constitution  and  by- 
laws. 


Staggered  Openings 
Begun  in  Oklahoma 

Okl.mioma  City,  Dec.  11.— Stag- 
gered openings,  so  that  four  houses 
open  on  four  consecutive  days,  is  the 
latest  stunt  here  as  a  result  of  the 
pooled  operation  of  Warner-Cooper 
houses  under  Pat  McGee's  direction. 

Lnder  the  new  arrangement  the 
Lilierty  will  change  bills  on  Thurs- 
day- and  Sunday,  the  Capitol  on  Fri- 
day, and  the  Midwest  and  Criterion 
on   Saturday. 


Crawford  Pulls   $66,653 

"Dancing  Lady"  led  the  Broadway 
gro.sses  last  week  with  $66,653  at  the 
Capitol.  "Hoopla"  at  the  Old  Roxy 
was  good  for  $31,000.  "The  House  on 
56th  St."  took  $19,992  at  the  Holly- 
wood and  "Son  of  a  Sailor"  reached 
$15,073  at  the  Strand.  "The  Chief," 
at  the  Mayfair,  garnered  $9,300. 

Baily  Goes  Pullman 

Atlanta,  Dec.  ll._Tom  Baily  of 
Paramount  arrived  from  New  "\'ork 
today. 


SAYS  FRED  TO  RED 


( A  letter  from  Fred  S.  Meyer,  President  of  the  Motion  Picture  Theatre  Owners 
of  Wisconsin  and  Upper  Michigan,  Inc.  to  Maurice  D.  Kann,  Editor  of 
MOTION  PICTURE  DAILY) 

#1  Although  somewhat  belated  I  want  to 
convey  to  you  herewith  the  resolution 
adopted  by  a  rising  vote  at  our  22nd 
Annual  Convention. 

^1  Our  Association  appreciated  the  time, 
efforts  and  expense  involved  In  getting 
here  by  air  mail  each  morning  copies  of  the 
MOTION  PICTURE  DAILY.  This  made  a 
big  hit  and  was  greatly  appreciated. 

#t  For  your  personal  appearance  and  your 
most  constructive  address  the  member- 
ship, too,  feels  indebted. 

#1  Please  accept  this  letter  instead  of  the 
usual  'whereas'  resolution.  The 
*pay-of f '  is  that  you  are  the  first  writer  who 
could  talk  as  well  for  all  of  which  Wiscon- 
sin is  grateful. 


MOTION  PICTURE  DAILY 

Live,  Alert,  Progressive  Business  Newspaper 


MOTION  PICTURE 

DAILY 


Tuesday,  December   12,   1933 


Frisco  Houses  Cut; 
One  65-Center  Left 


San  Francisco,  Dec.  11. — First 
runs  are  now  definitely  low  price.  An- 
other joined  the  under  50  cents  group 
this  week  when  the  Paramount 
dropped  to  40  cents  from  55  cents. 
Not  long  ago  it  was  65  cents.  The 
liolden  Gate  dropped  to  40  cents  two 
weeks  ago,  and  now  tliere  is  but  one 
house   left  at  65  cents — the  Warfield. 

Just  what  the  Warfield  is  going  to 
do  about  it  hasn't  been  divulged  by 
F.  W.  C.  The  house  has  been  doing 
fairly  well  at  its  current  rate. 

The  Embassy,  former  first  run,  is 
now  in  the  second  run  class.  "I'm  No 
Angel"   ended   its   former   policy. 


"Disraeli"  to  Get  Test 

Pittsburgh,  Dec.  11. — George  Ar- 
liss'  "Disraeli,"  which  is  being  reis- 
sued by  Warners,  has  been  booked 
for  a  test  at  the  Sheridan  Square  in 
East    Liberty.      It   opens    Wednesday, 

This  is  generally  the  toughest 
week  in  the  show  business,  the  week 
immediately  preceding  Christmas,  and 
it  is  figured  it  will  be  an  ironclad 
test   for   "Disraeli." 


Supplant  Howard  Hurd 

Hollywood,  Dec.  11.  —  Howard 
Hurd,  business  manager  of  the 
cameramen's  union,  has  been  replaced 
by  Edward  T.  Estabrook.  The  shift 
is  said  to  be  due  to  dissatisfaction  with 
the  way  Hurd  handled  the  recent 
strike. 

Hurd  will  remain  in  a  subordinate 
position  for  the  duration  of  his  five- 
year  contract,  it  is  said. 


Fox  Studio  to  Enlarge 

Hollywood,  Dec.  11. — Bids  have 
been  accepted  for  the  immediate  con- 
struction of  three  new  buildings  at 
Fox  Movietone  Studio,  specifications 
calling  for  a  new  assembly  mill,  sound 
stage,  a  projection  room  and  re-re- 
cording channel  building.  Total  cost 
of  improvements,  including  equipment 
installed,  will  approximate  $2(>0,(X)0. 

George  Trendle  Married 

Detroit,  Dec.  11. — George  Trendle 
and  Mrs.  Adelaid  L.  Huston  are  on 
their  honeymoon.  They  were  married 
late  Saturday.  Mrs.  Trendle  is  the 
former  wife  of  Postmaster  Roscoe  B. 
Huston. 


Berman  Here;  Sailing 

Pandro  Berman,  associate  producer 
at  the  Radio  studio,  arrived  in  New 
York  from  Hollywood  yesterday  and 
plans  to  sail  for  a  European  vacation 
Saturday,  probably  on  the  lie  de 
France. 


Goldsmith  Shifts  Title 

Holly  wfxji),  Dec.  11. — Since  M- 
G-M  changed  the  title  of  "The  Vine- 
gar Tree"  to  "Should  Ladies  Be- 
have?" Goldsmith  has  changed 
"Misbehaving  Girls"  to  "Woman 
Unafraid"  to  avoid  confusion. 


Schlaifer  Starts  Tour 

L.  J.  Schlaifer,  western  division 
sales  manager  for  U.  A.,  leaves  to- 
day for  Chicago  on  the  first  lap  of 
a  tour  of  exchanges  under  his  super- 
vision. 


Butterdeld  in  Miami 

MiA.Mi.  Dec.  11.— W.  S.  Butterfield 
is  here  for  the  winter. 


The  Code— Up  to  Now 

By  MARTIN  QUIGLEY- 


(.Continued  from  page  1) 

in  fact,  been  suspended  declares  that  "no  one  is  entitled  to  criticize  the 
code  until  it  has  been  tested  in  actual  operation." 

▼     ▼     T 

WHAT  Mr.  Rosenblatt  does  not  see  or  is  pleased  to  ignore  is  that 
all  of  the  criticism  we  have  published  applied  not  only  to  the  prob- 
able results  of  the  code  in  actual  operation  but  also — and  most  import- 
antly— to  the  scheme  as  it  was  concocted.  Irrespective  of  what  the 
results  might  have  been,  the  scheme  itself  was  unsound,  unreasonable  and 
unfair. 

As  a  good  soldier,  Mr.  Rosenblatt  is  expected  to  go  over  the  top 
when  General  Johnson  cracks  the  whip,  but  no  one  was  probably  more 
surprised  than  Mr.  Rosenblatt  himself  to  discover  finally  that  the  motion 
picture  industry  code  was  eventually  left,  by  virtue  of  the  Executive 
Order,  on  a  basis  certainly  never  discussed  and  probably  never  thought 
of  among  the  various  principals  participating  in  that  interminable  series 
of  code  conferences.  If  there  was  any  trace  of  the  principle  of  industry 
self-regulation  in  this  we  would  like  to  have  Mr.  Rosenblatt  point  it  out. 

The  code  set-up  as  it  originally  stood  was  the  Administration's  com- 
promises w'ith  a  list  of  special  pleaders,  each  of  whom  had  some  ax  to 
grind  and  the  industry  was  left  unprotected  to  take  the  consequences. 
The  industry  was  left  subject  to  the  expressed  whims  and  fancies  of  the 
Administrator  and,  while  it  may  be  conceded  for  the  purpose  of  this  d^is- 
cussion  only  that  the  Administrator  has  no  whims  and  fancies  as  far  the 
the  picture  business  is  concerned,  still  he  would  have  been  kept  well 
supplied  by  anyone  who  wanted  to  put  something  over  on  the  picture 
business.  The  Eddie  Cantor  appointment  which  the  Administration  did 
not  even  trouble  itself  to  wait  on  is  a  fair  example. 

The  idea  of  a  code  authority  which  was  not  a  code  authority  was 
simply  and  plainly  a  bureaucratic  enslavement  of  a  great  industry  and  a 
great  agency  for  influencing  public  thought.  The  question  naturally 
comes  to  mind,  why  was  this  industry  singled  out  for  a  strait-jacket? 
Did  Washington  decide  that  because  of  the  propaganda  and  political 
uses  to  which  the  motion  picture  may  be  put  that  it  would  be  well  to 
keep  it  dancing  at  the  end  of  a  stick? 

T  T  T 
IT  OWEVER,  whether  or  not  General  Johnson  and  Mr.  Rosenblatt 
*■  ■*•  thought  anyone  was  entitled  to  criticize,  the  fact  is  that  there  was 
criticism  and  it  was  expressed  directly  to  the  President.  The  result  is 
that  the  now  famous  Executive  Order  which  the  President's  advisors 
allowed  him  to  sign — and  which  we  had  the  temerity  to  criticize — has 
virtually  been  tlirown  into  the  wastepaper  basket,  which  course,  inci- 
dentally, sets  what  would  be  a  desirable  precedent  to  have  these  same 
advisors   follow. 

The  industrial  code  idea,  as  originally  conceived  and  announced,  con- 
tained enormous  possibilities  for  the  betterment  of  business  and  for  the 
l)etterment  of  all  persons  connected  with  business.  It  was  intended  to 
be  a  plan  of  self-regulation  under  government  supervision.  Industries 
were  expected  to  provide  properly  for  their  own  regulation  and  in  this 
effort  the  government  was  to  stand  behind  them  in  full  support  and 
encouragement. 

But  a  thousand  self-styled  experts  laid  hand  on  the  original  idea  and 
each  of  them  has  sought  to  give  it  a  twist  to  make  it  more  nearly  con- 
form with  his  own  particular  notions  and  purposes.  The  result  is  that 
the  original  plan  has  become  so  weighted  down  with  confusion,  mis- 
understanding, lost  motion  and  cross  purposes  that  it  is  now  hardly 
recognizable. 

The  motion  picture  code,  now  stripped  of  the  impossible  conditions 
imposed  in  the  Executive  Order  as  result  of  representations  made  by 
industry  leaders  to  the  President  last  Friday,  becomes  the  rule  of  the 
business.  The  document  has  been  carefully  and  thoughtfully  worked 
out  by  representatives  of  all  important  interests  in  the  industry.  While 
its  history  to  date  has  largely  been  one  of  disappointment  and  travail 
there  are  still  good  and  sufficient  reasons  for  believing  that  it  can  and 
will  contribute  importantly  to  the  betterment  of  the  industry,  as  such, 
and  that  it  will  bring  important  benefits  to  all  persons  in  the  industry 
and  to  the  public  as  well. 

But  the  industry,  to  its  eventual  profit,  may  well  realize  that  the 
accomplishment  of  these  desirable  ends  depends  very  much  more  upon 
what  the  industry  itself,  rather  than  Washington,  may  do  with  the  code. 


Getting  Ready  for  Switch 

The  RKO  Roxy  will  be  converted 
into  the  RKO  Center  by  the  end  of 
the  week  when  all  signs  on  the  the- 
atre  will    be    replaced   by   new    ones. 


Jack  narrower  HI 

Jack  narrower,  "Phil  M.  Daly," 
columnist  on  The  Film  Daily,  is  se- 
riously ill  at  the  Yonkers  Memorial 
Ho,spital.  He  is  .suflfering  from  a 
stomach  ailment. 


Brodie  Lifts  Price 
To  15  Cents  Level 


Baltimore,  Dec.  11. — In  line  with 
the  general  policy  of  distributors  to 
maintain  a  15  cents  minimum  admis- 
sion, the  latest  theatre  to  increase  its 
scale  to  that  figure  is  the  Brodie,  in 
South  Baltimore.  The  increase  only 
afTects  adults  at  afternoon  shows.  Jo- 
seph Brodie  owns  the  house. 


Thomas  Van  Osten  Dead 

San  Francisco,  Dec.  11. — -Thomas 
D.  Van  Osten,  secretary  of  California 
Theatre  Ass'n,  died  at  a  local  hospi- 
tal today  after  a  lingering  illness.  A 
blood  transfusion  was  resorted  to  in 
vain.  He  was  70.  For  years  he  rep- 
resented the  industry  at  the  California 
legislature.  He  played  an  important 
part  in  the  fight  against  daylight  sav- 
ing here  two  years  ago.  His  widow 
survives. 


Many  for  Code  Jobs 

Washington,  Dec.  11. — Names  are 
pouring  into  the  NRA  offices  for  ap- 
pointments to  the  400  jobs  open  on 
the  64  clearance  and  zoning  and 
grievance  boards  and  the  free-lance, 
extra  and  agency  committees.  The 
task  of  selection  will  devolve  upon 
Deputy   Sol   A.    Rosenblatt. 


Duals  Temporary 

Cleveland,  Dec.  11. — Duals  at 
Loew's  State  will  run  only  one  week. 
The  plan  to  make  the  policy  perma- 
nent was  rescinded  following  receipt 
by  the  management  of  a  letter  from 
Col.  E.  A.  Schiller.  Warners  Hip- 
podrome called  off  going  on  duals 
when  it  learned  double-features  at  the 
State   were   only   temporary. 


Due  Back  December  24 

Spyros  Skouras,  now  on  the  coast 
conferring  with  his  brother,  Charles, 
and  Harry  C.  Arthur,  enroute  to  Los 
Angeles  to  discuss  Fanchon  &  Marco 
theatre  deals  with  Milton  Arthur  and 
Mike  Marco,  are  due  back  in  New 
York,  Dec.  24. 


Exhibit  Coming  Here 

The  recent  motion  picture  exhibit 
at  the  World's  Fair  in  Chicago  will 
move  to  New  York  when  Julian 
Fowlkes  opens  the  show  at  the  auto- 
mobile exhibition  Saturday  in  the 
Port   of  Authority   Building. 


Film  Notables  Here 

Paul  Lukas,  Dennis  King,  Martin 
and  Mrs.  Beck,  Ketty  Galligan  and 
Jules  Demaria,  honorary  president  of 
the  French  Motion  Picture  Syndicate, 
will  arrive  today  from  Europe  on  the 
lie  de  France. 


M-G-M  Seeks  Lehar 

Hollywood,  Dec.  11. — M-G-M  is 
negotiating  with  Franz  Lehar,  the 
composer,  now  in  Rome,  to  supervise 
the  music  and  production  technicali- 
ties   of    "The    Merry    Widow." 


Wingate  Coming 

Hollywood,  Dec.  11. — Dr.  James 
Wingate  is  eastbound  to  attend  con- 
ferences at  the  M.  P.  P.  D.  A.  home 
office. 


Pay  Row  Settled 

Hollywood,  Dec.  11.— Jean  Har- 
low is  reported  to  have  settled  her 
salary    dispute   with    M-G-M. 


Tuesday,   December    12,    1933 


MOTION  PICTURE 

DAILY 


Independents  l^ow  for  the  Code 


Action  Won't 
End  Demand 
For  Changes 


Leading  independent  elements  of  the 
industry  signified  their  intention  of 
signing  the  code  in  a  communication 
sent  to  Deputy  Administrator  Sol  A. 
Rosenblatt  yesterday  by  the  Federa- 
tion of  the  M.  P.  Industry,  in  which 
approval  of  the  President's  Executive 
Order  for  a  90-day  trial  period  was 
given. 

Approval  of  the  Executive  Order 
carries  with  it  approval  of  the  code, 
but  the  federation  will  continue  to  act 
as  it  sees  fit  in  attempting  to  obtain 
changes  in  or  additions  to  the  code  in 
the  future,  it  was  said.  This  quali- 
fication is  believed  to  refer  to  the  or- 
ganization's desire  to  have  included  in 
the  code  some  specific  provision  guar- 
anteeing unrestricted  double  featuring. 

A  luncheon  meeting  of  directors  of 
the  federation  is  to  be  called  within 
the  next  day  or  two  to  set  a  date  for 
a  meeting  of  the  entire  membership  at 
which  individual  company  signatures 
to  the  code  will  be  given  and  plans  for 
future  code  activities,  especially  relat- 
ing to  double  featuring,  will  be  made. 

United  Artists,  2dth  Century  and 
Columbia  are  known  to  be  satisfied 
with  the  code  carrying  with  it  the 
concessions  modifying  the  Executive 
Order,  made  Saturday  by  Adminis- 
trator Hugh  S.  Johnson,  and  the  sig- 
natures of  those  companies  are  ex- 
pected momentarily.  Signing  of  the 
code  by  U.  A.  and  20th  Century  is  ex- 
pected to  be  followed  by  withdrawal  of 
Joseph  M.  Schenck's  resignation  from 
the  Hollywood  Producers'  Ass'n,  al- 
though so  far  as  could  be  learned  yes- 
terday, Schenck  took  no  action  in  this 
direction  prior  to  his  departure  for 
Europe  Saturday. 


Monogram  Will  Sign 
Within  Next  Few  Days 

Monogram  will  sign  the  industry 
code  a  few  days  prior  to  the  calling  of 
the  first  Code  Authority  meeting,  W. 
Ray  Johnston,  president,  stated  yes- 
terday. He  is  a  member  of  the  Code 
Authority  and  said  that  the  studios 
and  home  office  have  been,  working 
under  the  President's  agreement. 
Whether  affiliated  franchise  holders 
had  signed  the  code,  he  could  not  say, 
as  this  was  an  individual  matter  with 
each  exchange. 

"We  are  disappointed,  of  course, 
that  the  code  does  not  include  clauses 
which  we  were  fighting  for,  such  as 
the  elimination  of  block  booking,  pro- 
tection of  the  dual  bill  and  the  right 
to  buy,"  Johnson  said,  "but  we  are 
willing  to  cooperate  with  the  Admin- 
istration in  endeavoring  to  amicably 
settle  these  matters  within  the  Code 
Authority." 


Majors'  Dual  Clauses 
Stir  Federation's  Ire 

Members  of  the  Federation  of  the 
M.  P.  Industry  declare  they  may  take 
Federal  action  aa;ainst  major  distribu- 


tors for  insertion  of  a  clause  in  con- 
tracts signed  in  Chicago  which  pre- 
cludes a  second  picture  being  shown 
on  the  same  program  with  their  fea- 
tures. 

The  Chicago  practice  is  said  to  be 
spreading  to  Milwaukee,  and  Edward 
Goldenj  general  sales  manager  for 
Monogram  and  leader  in  the  fight  to 
have  the  duals!  clause  eliminated  in 
the  industry  code,  is  in  the  Beer  City 
now  making  an  investigation.  He  is 
due  back  tomorrow  and  will  report  to 
the  federation. 

Independent  producers  and  distribu- 
tors claim  that  the  Chicago  action  is 
a  restraint  of  trade  and  another  way 
of  getting  around  elimination  of  twin 
bills,  mention  of  which  has  been  com- 
pletely eliminated  from  the  signed 
code.  Golden  last  night  was  tendered 
a  ditiner  by  Milwaukee  exhibitors  op- 
posed to  restrictions  against  duals. 


Skouras  Before  NRA 
Board  on  Complaint 

Skouras  Bros,  yesterday  were  in- 
structed by  the  local  NRA  compli- 
ance board  to  appear  before  the  board 
tomorrow  to  answer  a  complaint  filed 
with  the  board  by  Local  118,  Building 
Service  Employes  Union,  in  which  it 
is  alleged  that  one,  Johannes  Witt- 
berg,  was  dismissed  as  head  janitor 
of  the  ./Kcademy  of  Music  last  week, 
after  it  became  known  that  he  had 
become  a  member  of  the  union.  Skour- 
as representatives  contend  that  Witt- 
berg  was  dismissed  for  incompetency. 

Local  118  was  secretly  organized 
here  during  the  past  few  weeks,  and 
now  claims  a  membership  of  over  1,- 
000  janitors,  doormen,  ushers,  cash- 
iers and  ticket  takers.  Charles  C. 
Levy,  secretary-treasurer  of  the  local, 
stated  efforts  will  be  made  to  obtain 
20,000  members  within  the  next  few 
months.  He  said  the  organization  was 
dissatisfied  with  the  minimum  wage 
schedules  of  the  code  for  the  theatre 
labor  classifications  represented  by  its 
membership  and  efforts  would  be 
made  to  obtain  increases  on  the 
grounds  that  these  classifications  had 
no  representation  at  the  Washington 
code  hearings. 

Circuit  executives  and  theatre  op- 
erators here  evidenced  little  concern 
yesterday  over  the  existence  of  the 
new  union,  which  takes  in  every  clas- 
sification of  theatre  employe  not  al- 
ready unionized.  Their  attitude  is 
that  the  new  union's  membership  em- 
braces unskilled  labor,  and  with  thou- 
sands of  unemployed  in  the  Greater 
New  York  area,  no  difficulty  would 
be  encountered  in  replacing  the 
union's  membership  in  the  event  of 
a    strike. 


Staae  Is  Set  for 

First  Code  Confab 

WA.SHINGTON,  Dec.  11. — With  the 
argument  over  the  Executive  Order 
provisions  out  of  the  way,  the  stage 
is  set  for  the  initial  meeting  of  the 
code  authority,  and  while  no  official 
call  has  vet  been  issued  bv  Deputy 
Sol  A.  Rosenblatt,  who  today  is  in 
Charlotte,  N.  C,  reports  here  were 
that  the  meeting  would  probably  be 
held   Thursday    in    New   York. 


Rosenblatt  May  Be 
Chairman  of  "C.A. 


99 


(Continued  from   page    1) 

Because  of  his  knowledge  of  the  code 
and  the  functions  of  the  various 
clauses  in  it,  Rosenblatt  in  all  prob- 
ability will  be  the  man  to  conduct 
the  meetings.  Following  the  selec- 
tion of  Code  Authority  chairman  the 
next  step  of  the  body  will  be  to  sift 
the  various  names  submitted  to  the 
deputy  administrator  for  representa- 
tion on  the  32  local  clearance  and 
zoning  boards. 

His  appointment  on  Code  Authority 
eliminates  Charles  L.  O'Reilly,  presi- 
dent of  the  T.  O.  C.  C,  from  a  post 
on  the  New  York  clearance  and  zon- 
ing board.  Harry  C.  Arthur,  man- 
aging director  of  the  7th  Ave.  Roxy, 
is  understood  to  be  slated  for  an  im- 
portant position  on  the  local  clearance 
and  zoning  board.  He  is  considered 
one  of  the  shrewdest  independent  show 
men  in  these  parts,  operates  four  New 
England  houses  and  is  a  partner  of 
Mike  Marco  in  a  number  of  houses  in 
the  west  and  middle  west. 


Berinstein  Stirs  Up 
Coast  Independents 

Hollywood,  Dec.  11. — Ben  Berin- 
stein stirred  up  some  excitement  here 
by  giving  400  exhibitors  the  impres- 
sion that  he  held  power  from  Deputy 
Administrator  Sol  A.  Rosenblatt  to 
interpret  portions  of  the  code  affecting 
independent  exhibitors.  In  making 
his  interpretation  he  declared  "Race 
Night"  films  were  taboo  and  subject 
to  fine  and  loss  of  theatre  license. 

General  Film  Products,  which 
makes  and  distributes  "Race  Night" 
films,  wired  Rosenblatt  for  confirma- 
tion. He  answered  that  no  individual 
was  authorized  to  interpret  the  code 
or  to  make  any  statement  in  behalf 
of  the   Recovery  Administration. 

It  is  said  that  a  ruling  has  been 
asked  to  set  at  rest  the  question 
raised  by  producers  and  distributors 
of  the  films  as  to  whether  these  are 
subject  to  the  code,  or  require  the 
approval  of  75  per  cent  of  exhibitors 
in  any  territory. 


Denver  Chorines  May 
Go  Under  Code  Costs 

Denver,  Dec.  11.— Threatened  loss 
of  close  to  70  jobs  at  two  theatres  is 
indicated  if  they  are  forced  to  pay  the 
$25  wage  set  by  the  code  for  chorus 
girls.  With  14  line  girls  at  the  Ta- 
bor, now  getting  $15  to  $18,  the 
boost,  together  with  other  increased 
expenses,  would  increase  the  nut  $170. 
At  the  Rivoli,  with  seven  chorus  girls, 
the  increase  would  net  !fi70,  as  the 
girls  are  now  getting  $15. 

Harrv  Huffman,  managing  director 
of  the  Tabor  and  the  Orpheum,  indi- 
cated that  if  forced  to  pay  code  wages, 
he  would  dispense  with  the  stage 
shows  at  the  Tabor,  and  would  cut 
the  line  at  the  Orpheum. 


Deputy  Tells 
Car.MPTOto 
Abide  by  Code 


Charlotte,  N.  C.,  Dec.  11. — A 
strong  plea  for  strict  support  of  the 
industry  code  was  made  by  Deputy 
Sol  A.  Rosenblatt  in  an  address  to- 
day before  300  exhibitor  members  of 
the  Carolina  M.  P.  T.  O.  at  their 
convention  here. 

"I  assure  you,"  he  said,  "that  both 
President  Roosevelt  and  General 
Hugh  S.  Johnson  are  anxious  to  be 
of  constructive  help  to  our  industry. 
You  are  called  upon  to  do  your  part 
to  regulate  your  business  in  accord- 
ance with  the  code  and  bring  praise 
from  the  general  public  upon  yourself 
by  strict  adherence  to  your  code." 

Charles  W.  Picquet,  Pinehurst,  was 
elected  president  of  the  organization; 
Albert  Sotille,  Charleston,  first  vice- 
president  ;  W.  T.  Culpepper,  Elizabeth 
City,  second  vice-president,  and  Mrs. 
Walter  Griffith,  this  city,  secretary- 
treasurer.  The  following  were  named 
directors:  J.  M.  Gregg,  H.  F.  Kin- 
cey,  both  of  this  city;  H.  E.  Simpson. 
Gastonia,  and  H.  R.  Berry,  Hartsville. 

The  principal  addresses  at  this 
morning's  session  were  delivered  by 
Ed  Kuykendall  and  M.  A.  Lightman, 
both  of  whom  warned  exhibitors  that 
"chiselers"  and  "cheaters"  would  be 
driven  from  the  ranks  of  the  industry 
now  that  the  code  was  put  into  effect. 
Lightman  said  the  code  would  soon 
put  the  entire  industry  upon  a  sound, 
profitable  basis. 

A  code  enforcement  committee  for 
the  Carolinas  will  be  appointed  by 
Picquet. 


Morrison  on  Way  East 

Hollywood,  Dec.  11. — Leo  Morri- 
.son  is  on  his  way  ea.st  in  the  interest 
of  Max  Baer  and  other  clients. 


Rocky  Mountain  Men 
To  Hear  Code  Talks 

Denver,  Dec.  11. — The  annual  con- 
vention of  the  Rocky  Mountain  The- 
atre Owners'  Ass'n,  at  which  the 
principal  topic  of  discussion  will  be 
the  code,  will  be  held  at  the  Brown 
Palace  Hotel  here  Dec.  19  and  20. 
This  meeting  has  been  postponed  since 
summer  because  of  the  code. 

Harry  Huffman,  president,  and  Em- 
niett  Thurmon,  secretary  and  coun- 
sel,   issued    the    call. 

Social  affairs  are  being  dispensed 
with  this  year.  It  is  possible  that  one 
or  two  previews  of  important  pic- 
tures will  be  arranged. 

No  registration  fee  is  being  charged 
ths  year,  and  the  association  is  trying 
to  get  as  many  managers  as  possible 
to  attend. 

Allied  Meeting  on  Code 

Grand  Rapids,  Mich.,  Dec.  11. — 
The  national  planning  committee  of 
Allied  meets  here  Tuesday  to  assume 
a  stand  on  the  code.  Its  personnel  in- 
cludes Abram  F.  Myers,  Sydney  Sam- 
uelson,  H.  A.  Cole,  Bennie  Berger, 
Nathan  Yaniins  and  Ray  Branch. 

Allied  of  Michigan  is  meeting  at  the 
same  time  in  annual  convention. 


EDUCATIONAL  STARS  FORETELL 
PROFITS  FOR  WISE  SHOWMEN 


OU  CAN  READ  IT  IN  THE  STARS!  EducationaVs  Big-Star-Name 
attractions  are  blazing  across  the  film  firmament,  and  astrologers  of  the 
show  world  fi^retell  profits  for  wise  exhibitors  from  the  favorable  conjunc- 
tion of  major  constellations  in  this  stellar  group.  Every  star  of  major 
magnitude!    Every    subject    a    sparkling     unit    of     entertainment. 

_  Every  group  a  nebula  of  scintillating  subjects.   Hitch  your  Short  Subject 

Policy   to  the  Big-Star-Name   Educational  Program  for  a  brilliant  success  during  the  coming  year. 


7/jr  liiisy  Comedy  Lots 


EDUCATIONAL  Studios 
in  Hollywood  .  .  .  literally 
a  bee-hive  of  production 
industry.  King  Bee'  E.H. 
Allen  and  his  swarm  of 
comedy  concocters  complet- 
ing 'FROZEN  ASSETS" 
with  ANDY  CLYDE  buz- 
zing around  as  Easy  Mark 
Anthony  .  .  .  making  hot  love  to  Queen 
Bee  Cleopatra!  .  .  .  There's  a  honey  of  a 
role  for  Andy!  . 

LLOYD  HAMILTON  .  .  temporarily 
out  of  commission  due  to  an  accident  .  .  . 
toddles  in  again  in  a  MERMAID  COM- 
EDY .  .  .  'POPS  PAL  "  (oh  what  a  pal!) 

.  .  with  George  Bickel  and  Billy  Bevan. 

The  youngsters  who  make  so  much  hotcha 
in  "Frolics  of  Youth  "  are  whooping  it  up 
m  "WHAT  TO  DO?"  .  .  and  are  pro- 
ducing for  the  next  one  "PARDON  MY 
PITS'  (There's  a  title!) 
♦  »  *  » 
AND  IN  THE  EAST  .  .  .  Tom  Howard 
has  made  his  most  uproarious  comedy  .  .  . 
he's  a  dumb  detective  with  a  just-as-dumb 
partner  . .  .  The  name  of  this  sweet  patootie 
is  "DIVORCE  SWEETS." 


Strike  up  your  mandolm!  .  .  .  Tom  Patri- 
cola  and  Charles  Judels  .  .  .  have  completed 
a  rollicking  comedy  of  Old  Mexico  and  its 
bad  hombres.'THE  GOOD  BAD  MAN  " 

MORAN  &  MACK  ...  the  Two  Black 
Crows'  .  .  .  riy  all  the  way  from  frozen 
Alaska  to  Hades  for  laughs  in  THE 
FREEZE-OUT."  . . .  they're  hot  laughs! . . . 


EDUCATIONAL'S 
"TREASURE  CHEST" 

a  Box  Office  Cache 
of  scintillating  enter- 
tainment gems  that 
radiate  as  much  bright- 
ness and  joy  as  a 
Christmas  tree  ablaze 
with  Yuletide  cheer. 
These  one  reel  jewels 
will  fill  your  house  to  the  roof-top  with  the 
festive  spirit  all  the  year  'round. 


"DAY  DREAMS" 

.  .  a  fantasy  of  rare 
loveliness  . . .  the  visual- 
ization of  a  child's 
dreams  .  .  .  with  special 
music  by  Henry  King 
and  Walter  Scharf  .  .  . 
played  by  Henry  King's 
orchestra  ...  is  an  ideal 
subject  for  holiday 
bookings. 


mrHAT  DOES 

1934  HOLD" 

. . .  another  timely  gem 
for  the  holidays  from 
the  "Treasure  Chest " 
...  in  which  the  inter- 
nationally famous  as- 
trologer WYNN  will 
show  what  is  in  store 
for  the  coming  year  . . . 
accordmg  to  his  readmgs  of  the  stars. 


BIG  STAR  NAMES 

IN  FIRST  RELEASES 

TWO  MORE  FAMOUS  STARS  make 
their  first  appearance  for  Educational  in 
new  single-reel  subjects  in  the  popular 
SONG  HIT  STORY  series. 

JAMES  MELTON 

IN 

"THE  LAST  DOGIE" 

with  the  noted  tenor 
singing  several  of  the 
famous  cowboy  laments. 

HELEN  MORGAN 

IN 

"MANHATTAN  LULLABY"! 

with  the  famous  torch  singer 
at  her  melodious  best. 


BEAUTY  — ROMANCE  — FUN 

WHILE  EDUCATIONAL'S  ONE-REEL 
MUSICAL  gems  make  a  perfect  setting  for; 
the  melody  spots  on  your  programs  . 
LAUGHS  and  ROMANCE  are  also  found 
in  abundance  in  Educational' s  single-reel  I 
entertainment  .  .  .    Nothing  is  more  sure- 
fire for  a  laugh  than  the  TERRY-TOON 
cartoon  classics  . .  .  and  nothing  more  beau- 
tiful than  the  natural  color  "ROMANTIC 
JOURNEYS." 

SHIRLEY  TEMPLE  GRADUATES  FROM 
BABY  STARS  TO  "FROLICS" 

GRADUATED  from  the 
Baby  Stars  after  having 
been  featured  in  several 
of  Educational' s  Baby 
Burlesks  .  .  .  SHIRLEY 
TEMPLE  is  now  appear- 
ing in  "FROLICS  OF  YOUTH  "  .  She 
is  seen  in  "WHAT'S  TO  DO.> " 


The  Leading 

Daily 

jilewspaper 
If,  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  "^,  l*f 
Faithful^ 
Service <to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  138 


NEW  YORK,  WEDNESDAY,  DECEMBER  13,  1933 


TEN  CENTS 


Indianapolis 
Plods  Along 
'Mid  Trouble 


Too 


Many    Seats  There 
For  the  City 


This  is  the  fifth  in  a  series 
of  studies  on  conditions  in 
the  Middle  West.  Next: 
Detroit. 


By  RED  KANN 

Indianapolis. — If  the  genial  Bob 
Lieber  of  fond  First  National  memory 
lad  withstood  the  stampede  which 
Paramount  turned  loose  on  him  back 
n  the  days  when  money  was  easy, 
:he  big  Indiana  theatre,  capacity  3,133, 
lever  would  have  been  built.  Indian- 
ipolis's  and  the  state's  leading  house 
Afould  have  remained  among  the  things 

(Continued  on  page  6) 


Oregon's  4  Per  Cent 
Tax  Bill  Is  Killed 

Portland,  Dec.  12. — Due  to  con- 
:erted  efforts  of  theatre  owners, 
headed  by  Ted  Gamble  and  George 
Jackson,  the  four  per  cent  gross  tax 
jill  was  killed  in  committee  in  the 
state    legislature    today. 


Four  New  Plans  in  Wind 
For  Revamping  Old  Roxy 


With  Federal  Judge  Francis  G.  Caf- 
fey  yesterday  continuing  Howard  S. 
Cullman  as  receiver  for  the  7th  Ave. 
Roxy  a  third  time,  Carlos  Israels, 
representing  first  mortgage  bondhold- 
ers, advised  the  court  that  four  plans 
for  reorganization  are  now  being  con- 
sidered and  that  he  expects  to  ac- 
cept one  within  the  next  six  months. 
When  questioned  by  Motion  Picture 
Daily,  Israels  refused  to  comment 
on  the  plans  other  than  state  that 
"if  a  good  proposition  came  along 
tomorrow  he  would  close  it  immedi- 
ately." 

Albert  Rose,  attorney  for  the  re- 
ceiver, stated  that  for  the  25  weeks 
ending  Dec.  7,  1933,  there  was  a  net 
profit  of  $18,521,  before  interest  and 
depreciation,  as  compared  with  a  net 
loss  of  $229,000  for  the  same  period 
last  year.     He  also  said  that  cash  on 

{Continued  on  page  7) 


Michigan  Blizzard 
Delays  Allied  Meet 

Grand  Rapids.  Dec.  12. — Due  to  a 
blizzard  some  of  the  members  of  the 
Allied  national  managing  committee 
failed  to  arrive  on  schedule  today  and 
the   session   was   postponed. 

The  annual  meeting  of  Michigan 
Allied  started  with  routine  business  up. 
Three  recommendations  were  decided 
upon   by   the   directors.      They   were: 

(Continued  on  page  7) 


Rosy  a  Bit  Late 

A  belated  proposal  to  re- 
name the  RKO  Roxy,  the 
"Rosy,"  and  effect  an  economy 
by  necessitating  the  change 
of  a  single  letter  instead  of 
complete,  new  signs,  was 
made  unofficially  by  A.  H.  Mc- 
Causland,  Irving  Trust  repre- 
sentative in  RKO,  yesterday 
but  nothing  came  of  it. 

Workmen  began  displacing 
the  Roxy  signs  during  the 
day  and  replacing  them  with 
the  new  name,  the  Center. 


Authority  Meets  in 
New  York  Dec.  20 

Washington,  Dec.  12, — Members 
of  the  code  authority  today  were  no- 
tified by  Deputy  Administrator  Sol 
A.  Rosenblatt  that  the  initial  meeting 
of  the  body  would  be  held  at  2  P.  M., 
Dec.  20,  at  the  Bar  Ass'n  Building, 
New    York. 

The  meeting  will  be  largely  for 
purposes  of  organization,  but  it  is  an- 
ticipated one  of  the  matters  brought 
up  will  be  the  issuance  of  the  form 
by   which    distributors   and   exhibitors 

(Continued   on  page   7) 


Rosenblatt's 
Job  of  Board 
Naming  Begun 

Nominations  Being   Put 
In  by  the  Industry 

Washington.  Dec.  12. — Deputy 
Administrator  Sol  A.  Rosenblatt  has 
already  begun  the  task  of  selecting 
400  members  for  the  64  zoning,  clear- 
ance and  grievance  boards  and  the  free 
lance,  extra  and  agency  committees 
to  be  set  up  under  the  code. 

Nominations  are  being  submitted  by 
all  the  industry  elements  concerned. 
Under  the  provisions  of  the  code  mem- 
bers of  all  the  boards  and  commit- 
tees must  be  bona  fide  exhibitors  or 
distributors. 

In  consonance  with  the  Roosevelt 
Administration's  policy  of  giving  po- 
sitions to  Democrats  wherever  possi- 
ble, it  is  anticipated  in  Washington 
that  the  politics  of  every  nominee  for 
board  membership  will  be  investigated, 
particularly  with  respect  to  the  non- 
industry  member  who  is  to  represent 

(Continued   on  page  7) 


Opera  Among  Plans 
For  the  RKO  Center 

Possibility  of  presenting  opera  at 
the  Center,  former  RKO  Roxy,  in 
the    event    Rockefeller    Center    inter- 

(Continued  on  page  7) 


Express  Faith  in  NRA;  See  Need  for  Improvement 

In  Quality  of  Product  and  Stability  Up  for  1934 


By  NED  E.  DEPINET 
Vice-President,   Radio 

The  usual  thing  at  this  time  of  the 
/ear  is  to  dream  about  the  prospects 
for  the  year  to 
come,  but  expe- 
rience  proves 
that  years  have 
a  habit  of  re- 
peating them- 
selves and  that 
show  business, 
like  any  other, 
prospers  only  in 
ratio  to  the 
quality  of  enter- 
tainment it  of- 
fers. Therefore, 
it  is  simple  to 
say  that  1934 
will  be  like  1933 
in   this   respect.     The   hits   will   draw 

(Continued   on   page   2) 


By  DARRYL  F.  ZANUCK 
Vice-President,  20th  Century 

Hollywood,  Dec.  12.— We  go  into 
the  new  year,  1934,  with  a  code  to 
regulate  certain 
phases  of  our 
operating  sys- 
tem. 

Whether  this 
regulation  will 
eventuate  in  re- 
striction rather 
than  total  in- 
dependence re- 
mains  to  be 
seen.  The  full 
force  of  the 
code's  provi- 
sions must  be 
felt  in  operation 
before  we  at-. 
tempt  to  draw  any  conclusions — the 
(Continued  on   page  2) 


By  HAROLD  B.  FRANKLIN 

The  industry  moves  forward  under 
the  protection  of  the  Government. 
This  will  result 
in  a  unified 
front  of  the  va- 
rious groups  ;  it 
will  strengthen 
the  position  of 
independent  op- 
eration because 
the  public  spot- 
light will  be 
directed  on  the 
activities  of  the 
zone  authority. 
The  solution 
of  many  of  the 
problems  of  the 
industry  can  be 
accomplished  by 
those  who  are  equipped  by  experience 

(Continued   on   page  2) 


By  JAMES  R.  GRAINGER 
General   Sales   Manager,    Universal 

I  feel  that  both  the  NRA  and 
the  code  will  be  of  great  benefit 
to  our  indus- 
try and  I  am 
very  opti- 
mistic as  to 
the  improve- 
ment of  our 
l)usiness  in 
1934. 

The  suc- 
cess of  our 
industry,  of 
course,  great- 
ly depends 
upon  the  quality  of  product  pro- 

(Continued  on  page  2) 


MOTION  PICTURE 

DAILY 


Wednesday,  December   13,    1933 


IJpTioN  picTi^  Express  Faith  in  NRA;  See 
"Al  1^  I     Need  for  Improved  Quality 


(Registered  U.  S.  Patent  Office) 


December    \S.    \'^ii 


No.    U!^ 


Maktin  Quiclzy 
EditoT-iH-Ckirf  and  Publiiker 


MAURICE    KANN 

Editor 
JAMES  A.  CRON 
Adx'tTiutino    UanaatT 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quicley  Publications.  Inc., 
Martin  Quigley,  President;  Colvin  Brown, 
Vice-President  and   Treasurer. 

Publication  Office;  1790  Broadway,  New 
Vork.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Uuigpubco,  New  York."  All  con- 
tents copyrighted  1933  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. 

Hollywod  Bureau:  Pacific  States  Life 
Building,  \'ine  and  Y'ucca  Streets,  yictor 
M.  ShaTiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelbof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutmberg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Attire,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorw  SSalpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road.  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

Entered  as  second  class  matter  January 
4.  1926  at  the  Post  Office  at  New  Vork 
City.    N.    Y..   under   Act  of   March    3,    1879. 

Subscription  rates  per  year:  J6  in  the 
Americas,  except  Canada  $15  and  foreign 
$12.     Single  copies:   10  cents. 


About  Two-Thirds  of 
Warner  Stock  Voted 

Wii.MiNGTO.N,  Uec.  12. — The  ofti- 
t  ial  figures  of  the  annual  Warner 
Bros.  stockholders'  meeting  here 
showed  that  2.335,202  shares  of  the 
common  stock  out  of  about  3,600,000 
were  represented.  Out  of  103,107 
shares  of  the  preferred  stock,  86,939 
were  represented. 

Company  officials  were  pleased  by 
the  vote  of  confidence. 


M-G'M  Adds  Writers 

HoLLYwWiD,  Ucc.  12.— Feminine 
writers  are  in  demand  at  M-G-M 
which  has  just  signed  Lulu  Vollmer, 
Margaret  Hawkins,  Virginia  Kellogg. 
Edith  Fitzgerald,  Frances  Goodrich 
and  Zoe  Akin^.  Ben  Hecht,  Louis 
VV'citzenkorn,  Ernest  Vajda  and  Al- 
bert Hackett  also  have  been  signed 
to  do  scripts. 


Takiff  Planning  More 

Harry  Takiff.  long  associated  with 
Joseph  L  Schnitzer  and  now  on  his 
own  as  a  producer  in  conjunction  with 
George  E.  Kann,  is  in  New  York 
fron»  Hollywood  on  new  product  deals. 

flis  first.  "Woman  Unafraid."  is 
finished  and  is  being  handled  on  the 
state  right  market.  A  second  is  defi- 
nitely set. 


By  NED  E.  DEPINET 

(Coiitmut'd  from  page  1) 

money  and  the  failures  will  be  fail- 
ures. The  trick,  of  course,  is  to 
make  hits. 

Hecause  there  is  an  upswing  it  is 
natural  that  business  shoiild  show  im- 
provement in  many  spots.  The  NRA 
code,  under  which  we  are  now  operat- 
ing, sets  all  companies  on  a  basis  of 
fair  competition  and  its  observance 
witliiii  our  ranks  will  be  strict.  We 
have  faith  in  the  NR.\  as  a  movement 
and  feel  that  it  has  already  been  the 
motivation  for  a  noticeable  improve- 
ment in  business.  We  have  hope  and 
faith  that  this  will  continue  and  feel 
that  the  best  way  to  aid  any  general 
busintjss  rise  is  to  guard  our  own 
situation  well  and  to  make  product 
that  will  be  profitable  to  us  and  to 
those  thousands  of  exhibitors  whom 
we  serve. 


In  From  the  Coast 

I-ester  Cowan,  former  secretary  of 
the  Academy  of  M.  P.  Arts  and  Sci- 
ences :  Leo  Morrison,  agent ;  Harold 
Hopper  and  A.  R.  .Simon  are  in  New- 
York  from  Hollywood.  All  at  the 
Warwick. 


By   DARRYL  F.  ZANUCK 

(Ctinlinuvd  from  paiic   1) 

code  is  here  and  the  test  is  at  hand. 

However,  since  this  code  is  a  com- 
ponent part  of  the  entire  NRA  pro- 
gram, which  aims  by  its  regulation  to 
gain  the  praiseworthy  goal  of  reliev- 
ing unemployment — the  very  fact  of 
approaching  that  goal  is  bound  to  be  a 
help  to  the  motion  picture  industry. 
.\nd  if  the  code  itself  proves  too 
stringent,  its  defects  can  be  overcome 
by  alteration. 

The  most  significant  development 
for  1934,  to  my  mind,  is  the  impend- 
ing change  from  mass  production  to 
individual  production.  In  my  opinion 
mass  prcxluction  is  due  for  the  discard 
because  the  day  of  "cycles"  is  over. 
Practically  every  new  type  of  picture 
has  been  made,  and  there  has  been  no 
background  or  type  of  story  left  un- 
touched. Producers  who  play  a  game 
of  "Follow  the  Leader"  must  now  de- 
pend on  their  own  resources  and  in- 
genuity. 

Each  picture,  henceforth,  must  be 
made  as  big  and  as  good  as  possible. 
This  can  only  be  accomplished  by  full 
concentration  on  one  picture  at  a  time. 
Stars  must  be  supported  by  stars,  in 
strong  stories,  produced  on  a  lavish 
scale.  That  is  what  I  mean  by  indi- 
vidual production. 


By  HAROLD  B.  FRANKLIN 

(Continued  from  page  1) 

and  approach  the  industry's  problems 
sympathetically  and  in  a  spirit  of  com- 
promise and  cooperation. 

The  year  1934  should  place  the  in- 
dustry on  a  more  solid  footing,  as  re- 
organization of  at  least  two  organiza- 
tions will  probably  be  completed  dur- 
ing the  year.  With  this  reorganiza- 
tion will  come  the  realization  that 
permanent  success  in  show  business 
can  only  come  with  showmen  at  the 
helm. 


By  JAMES  R.  GRAINGER 

(Continued  from  page  1) 

duced  at  the  studios.  The  better 
the  pictures,  the  better  the  box- 
office  receipts  and  the  better  the 
film  rentals  secured.  However, 
in  view  of  the  improved  quality 
of  the  product  released  so  far 
this  season,  I  feel  the  year  1934 
will  show  a  decided  improvement 
over  1933. 


Travellers  in  Today 

The  lie  dc  France,  with  Martin 
Beck  and  his  wife,  Jules  Demaria, 
honorary  president  of  the  French  Mo- 
tion Picture  Syndicate,  Paul  Lukas 
and  other  film  people  aboard,  docks 
today     instead     of     yesterday.  A 

French  Line  bulletin  had  the  liner 
due  in  New  York  a  day  ahead  of 
schedule. 


Stanley  Loss  $2,439,104 

Philadelphia,  Dec.  12. — Net  loss 
of  the  Stanley  Co.  of  America  for 
the  year  ending  Aug.  26,  after  de- 
preciation, amortization,  interest  and 
other  charges,  was  $2,439,104.  At  the 
end  of  the  previous  year  the  loss  was 
$1,745,333. 


Postpone  P.  E.  Hearing 

A  Publix  Enterprises  hearing  sched- 
uled for  yesterday  to  consider  a  claim 
of  $156,784  filed  against  the  bankrupt 
by  the  Sunrise  Realty  Corp.  was  post- 
poned to  Dec.   19. 


Trading  Heavy  on  Big  Board 


Columbia  Pictures,  vtc 27j4 

Consolidated    Film   Industries ,'.  254 

fonsolidaterl    Film    Industries,   pfd ..".  ]0U 

F..istman    Kodak    \  g^i^ 

Vr,x     Film     "A" LSI/a 

Ixjew's.  Inc .131/J 

I'aramount   Publix 214 

Pathe   Exchansre    2 

Palhc    Exchange    "A" ['.'.'.'.'.'.[','.'.'.'.','.'.'.'.  13% 

KKO     254 

Universal  Pictures,  pfd 55 

Warner  Bros d&i 


Lorw 

26Vs 

9% 

i4ii 

32 

m 

12!4 

LS 
6 


Close 

27^ 
2>A 

83 

IS/g 

32 

2/8 

2 
12'4 

w>. 

IS 


Net 
Change 


-f  54 

-f  H 

-  V2 

-f-  M 


54 


Sales 

1,100 
100 
1,500 
1,200 
2,800 
7,500 
41,000 
3,500 
1,800 


—1 
-f  A 


Technicolor  and  Trans  Lux  Up 


Technicolor 
Tran<i   Lux 


High 


Low 


Net 

Close     Change 

9/8  -f    '/8 

2  +% 


All  Bonds  Show  Gains 


General    Theatre    F.quipment    6»    '40 4 

General    Theatre    Equipment    6s    '40,    ctf '     3'/, 

I>-<ew'<   6s    '41,    WW    deb    rights ..'.  82 


Low 

3/ 
8154 


I'aramount  Broadway  5'/5s  '51 "  29'/  29^1 

Paramount   F.   T„   6s  '47 " "  WA  2V/. 

Paramr,imf   Publix  S'/^s  'SO ', W  25 

Warner  Bros.  6s  '39,  wd 4254  4054 


Close 

4 

3/ 
82 
2954 
30 
28 
41-54 


Net 
Change 

-I-   7/8 

-I-  / 

-f  54 
+  54 
-f654 
4-3 
+\% 


1,000 
15,900 


Sales 

1,500 
600 


Sales 

15 
4 

"3 
S3 
64 

75 


Kansas  City  F,  &  M. 
Rumors  Discounted 


Kansas  City,  Dec.  12. — Reports  F. 
&  M.  had  a  deal  under  way  for  a  local 
first  run  or  were  to  invade  Kansas 
City  via  stage  shows  at  Fox  Midwest 
theatres  are  declared  unfounded  by 
those  in  the  know. 

It  is  said  the  rumors  probably  refer 
to  negotiations  F.  &  M.  conducted  for 
the  local  Pantages,  downtown  house 
which  has  been  dark  more  than  a  year. 
That  deal  was  on  about  two  months 
ago,  but  nothing  came  of  it. 

Elmer  Rhoden,  Fox  Midwest  divi- 
sion manager,  professes  complete  ig- 
norance about  any  deal  for  F.  &  M. 
presentations.  It  is  known,  however, 
that  F.  &  M.  have  been  attempting  to 
gain  a  permanent  foothold  here  for 
some  time. 


Hershfield  Is  Made 
Head  of  Cheese  Club< 

Harry  Hershfield  yesterday  was 
elected  president  of  the  reorganized 
Cheese  Club,  which  met  for  the  first 
time  in  several  years  at  Leone's.  The 
club  is  composed  of  theatrical  pub- 
licity and  advertising  men,  particular- 
ly in  the  legitimate  field  and  will  meet 
every  Tuesday  hereafter. 

Fred  Block  was  elected  vice-presi- 
dent; Al  Kayton,  treasurer;  Law- 
rence Weiner,  secretary. 


Kaplan  Appeal  Put  Over 

Hearing  of  the  appeal  of  Sam  Kap- 
lan on  charges  of  coercion  and  appeal 
before  the  Appellate  Division  on  the 
right  of  the  I.  A.  T.  S.  E.  to  re- 
move him  from  the  presidency  of  Local 
306  has  been  put  over  until  Jan.  2. 
Max  Steuer,  Kaplan's  attorney,  yes- 
terday asked  for  the  postponement 
claiming  he  was  busy  until  Jan.  2. 


Australian  Duty  Cut 

Washington,  Dec.  12. — Australian 
import  duties  on  negatives  have  been 
cut  to  one  shilling  per  linear  foot 
(about  6  1-3  cents),  according  to  in- 
formation sent  by  Assistant  American 
Trade  Commissioner  Wilson  C.  Flake 
to  the  M.  P.  Section  of  the  Bureau 
of   Foreign  and  Domestic   Commerce. 


May  Enroute  to  Coast 

Chicago,  Dec.  12. — Joe  May  and 
his  wife  passed  through  here  today 
enroute  to  Columbia  studios  on  the 
coast. 


Arthur  at  Salt  Lake 

Salt  Lake  City,  Dec.  12. — Harry 
C.  Arthur  stopped  here  today  enroute 
to  the  coast. 


Sisk  in  Hollywood 

Hollywood,  Dec.  12.— Robert  F 
Sisk,  Radio's  director  of  publicity  anc 
advertising,  is  here  from   New  York 


Leon  Lee  Joins  M-G-M 

Leon  Lee,  formerly  with  Unitec 
Artists,  has  joined  the  M-G-M  ad 
vertising  department. 


linger  and  Kusell  Leave 

J.  J.  Unger  and  Milt  Kusell  left 
for  Cleveland  and  Cincinnati  last 
night  on  the  Paramount  Victory  Drive. 

Muni  on  Way  Here 

Hollywood,  Dec.  12.— Paul  Muni  is 
on  his  way  to  New  York  in  search 
of  a  play. 


During  Christmas  Week 


•    •    • 


GET  THE 


YOUNGSTERS  AND  THE  OLDSTERS,  TOO 

with  this  family  hit 


Not  since  "A  Connecticut  Yankee"  has  Will  Rogers 
had  a  picture  so  appealing  to  folks  of  all  ages.  A 
holiday  break  for  you  .  . .  because  adult  admissions 
. . .  day  and  night  receipts  . . .  are  essential  to  your 
profits.  Making  this  the  perfect  Christmas  booking ! 


ROCHELLE  HUDSON 

Florence    Desmond 

Horry  Green 

Eugene  Polette 


From  Anne  Cameron's   story  "Green   Dice" 


Directed  by  James  Cruze 


WILL  ROGERS 

With 

ZASU  PITTS 


jO/J^  IXSF  Wf»>'^ 


Your  patrons  always  Ilka 

FOX  MOVIETONE  NEWS 


N  (\  u  U    ^     VJ!«»iiifln^^ 


Fast  moving  comedy  that  should  be  a  money 
magnet  at  all  houses,  'Convention  City'  w^as 
evidently  built  for  entertainment  and  nothing 
else  and  succeeds  100  per  cent.  With  a  cast  of 
names  well  chosen  for  their  box-office  attrac- 
tion, plus  good  campaign  material  in  the 
jtory,  it  can  stand  the  strongest  type  of  bally. 

Story  is  written  around  the  sales  convention 
of  a  rubber  company  in  Atlantic  City.  There's 
a  thread  of  a  yarn  running  through  it,  not 
too  thick  to  interfere  with  a  number  of  run- 
ning gags  and  situations  that  kept  the  audi- 
ence running  the  gamut  of  laughter  from  start 
to  finish.  Archie  Mayo  has  contributed  every- 
thing he  knows  about  comedy  direction  to 
keep  up  the  laugh  average.  Robert  Lord  has 
written  a  script  that  never  lets  down. 

Adolphe  Menjou,  on  the  make  for  the 
company  president's  daughter,  so  that  he  may 
be  promoted  to  sales  manager,  kicks  around 
his  chances  when  he  takes  the  rap  on  a  badger 
game  frameup  to  save  Guy  Kibbee's  reputa- 
tion. Kibbee's  wife  tips  ofT  the  Menjou  spouse 
who  is  looking  for  a  divorce  and  she  catches 
him  red  handed  with  Joan  Blondell,  a  gold 
digger.  He  tries  hard  to  get  back  again  with 
Patricia  Ellis,  the  prexy's  daughter  and  is 
about  to  succeed  when  Mary  Astor,  who  loves 
Menjou,  argues  Miss  Ellis  out  of  him.  At  the 
convention.  Grant  Mitchell,  the  sanctimoni- 
ous president,  announces  the  new  sales- 
manager,  drunken  Frank  McHugh,  who  ran 
into  the  president  while  he  was  enjoying  the 


company  of  'Mae  LaRue,  Insect  Extermina- 
tor, insects  exterminated  at  all  hours.' 

Picture  at  all  times  is  hanging  on  the  bor- 
der of  the  bandy  but  never  goes  over  the  line. 
Smart  cracks  are  flipped  around  with  light- 
ning speed.  No  performance  is  outstanding. 
Everyone  has  his  inning  and  everyone  scores. 
For  instance,  Hugh  Herbert  runs  all  through 
the  picture  as  a  drunk,  has  less  than  a  half 
dozen  lines.  Comes  near  copping  the  picture 
in  the  fadeout  speech  when  he  discovers  he  is 
attending  the  wrong  convention.  Menjou 
plays  a  fast  talking,  wise  cracking  salesman,  a 
character  unusual  for  him,  gives  a  perform- 
ance that  should  heighten  his  popularity. 
Same  for  Dick  Powell  in  a  similar  part.  Joan 
Blondell  takes  her  share  of  the  honors  as  the 
gold  digger.  Frank  McHugh  takes  care  of 
himself.  Guy  Kibbee  and  Ruth  Donnelly  as 
henpecked  husband  and  bossy  wife  have  their 
innings.  Mary  Astor,  Hobart  Cavanaugh, 
Sheila  Terry,  Gary  Mitchell,  Gordon  West- 
cott,  Johnny  Arthur  and  Huey  White  are  all 
fine  in  smaller  parts. 

Photography  and  sets  are  excellent,  also  the 
the  cutting  job  of  Owen  Marks. 

First  National  production  for  Warner  release.  Directed 
by  Archie  Mayo.  Screen  play  by  Robert  Lord  from  the 
story  by  Peter  Milne.  Photographed  by  William  Rees. 
Cast:  Joan  Blondell,  Adolphe  Menjou,  Dick  Powell,  Mary 
Astor,  Guy  Kibbee,  Frank  McHugh,  Ruth  Donnelly,  Patricia 
Ellis,  Hugh  Herbert,  Hobart  Cavanaugh,  Sheila  Terry, 
Grant  Mitchell,  Gordon  Westcott,  Johnny  Arthur,  Huey 
White.  Previewed  at  Warners  Beverly  Hills  Nov.  24.  Run- 
ning time  70  mins. 


REPRINTED  VERBATIM  FROM  THE  NOVEMBER  25th  ISSUE  OF   "VARIETY  DAILY' 


MOTION  PICTURE 

DAILY 


Wednesday,  December  13,  1933 


Indianapolis  Responding  Slowly 


Percentages, 
Film  Types 
Raise  Plaint 


(t\fnlinu,-d  from  page   1) 

that  never  would,  or  should,  have  been 
and  tlie  exhibition  situation  eased  to  a 
point  where  the  city  might  have  got- 
ten by. 

Only  it  didn't  happen.  When  Para- 
mount was  bowling  along  under  the 
impetus  of  thriving  trade  winds,  there 
came  a  time  when  this  city  came  under 
scrutiny  as  a  likely  pjacc  for  a  Publi.x 
dc  luxer.  As  was  tlie  well  defined 
practice  in  those  days,  a  lease  on  the 
English  block  was  closed,  the  word 
passed  around.;  Lieber,  worried  over 
his  investment  in  the  Circle,  propelled 
into  a  decision  to  build  the  Indiana  to 
protect  his  other  first  run,  and  willy 
nilly,  Paramount  found  itself  where 
it  wanted  to  be:  with  a  theatre  show- 
window  in  Indianapolis. 

Even  the  film  inspectors  along  North 
Illinois  St.  today  know  the  Indiana 
never  should  have  gone  up ;  that  the 
city  had  enough  theatres  without  it ; 
that  there  wasn't  enough  trade  around 
to  keep  existing  houses  full  and, 
therefore,  happy. 

Indianapolis  in  these  closing  days  of 
'33  has  its  troubles  and  knows  there  is 
notliing  distinctive  about  that.  It  is 
loaded  with  double  features,  country 
stores,  other  types  of  giveaways,  two- 
for-ones  and  all  of  the  various  and 
sundry  theatre  practices  which  have 
caused  such  wide  differences  of  opin- 
ion elsewhere  throughout  the  Middle 
West. 

It  has  its  relief  rolls,  its  unemploy- 
ment, its  inability  to  dope  out  what 
pictures  will  click  and  what  makes 
them  click.  It  also  has  its  neighbor- 
hood houses  which,  proportionately  in 
view  of  capital  investment,  are  better 
off  than  the  downtowners,  although 
it's  difficult  to  nab  anyone  long  enough 
to  wring  an  admission  of  this. 

In  Indianapolis  where  the  streets  re- 
semble the  Deserted  Village  when  nine 
bells  ring  out,  the  first  runs  find  them- 
selves in  the  peculiarly  unsatisfactory 
spot  of  building  business  for  the  out- 
lying houses  while  these  outlying 
houses,  as  might  be  expected,  simply 
sit  back,  take  it  and  find  the  taking 
much  to  their  satisfaction. 

Half  Dozen  First  Runs 

The  first  runs  are  six  strong  here. 
The  Indiana,  good  old  white  elephant, 
and  the  Circle,  have  passed  through 
stirring  times  since  Lieber  originally 
operated  them.  There  was  a  time 
when  the  Warners  and  Paramount 
figured  in  as  partners.  There  was  a 
time,  too,  when  the  Skouras  brothers 
had  them.  Then  came  the  national 
orgy  in  theatre  receiverships  and  bank- 
ruptcies and  both  theatres  wended 
their  way  back  to  the  Lieber  family 
which  built  them. 

Now,  the  regime  is  Monarch  The- 
atres, the  five-house  circuit  operated 
by  Milton  Feld,  Dave  Chatkin  and 
Harry  Katz  with  Sam  Katz  in  the 
picture  as  sponsor  for  "his  boys."  You 
can't  find  any  proof,  but  the  headache 


which  is  Monarch's  today  is  plentiful 
and  probably  Feld,  Chatkin,  Kgtz  et  al 
would  be  just  as  pleased  if  they  had 
never  come  into  the  town.  As  a  mat- 
ter of  well-delined  report,  they  may 
tlccide  soon  to  call  it  a  day. 

In  this  40-cent  top  city,  except  for 
the  Indiana,  which  tries  to  get  55  cents 
lor  stage  shows,  Loew  operates  tlie 
2,441  seat  Palace  and,  like  other  oper- 
ators around  the  town,  finds  business 
all  right  when  the  attraction  is  the  real 
McCoy.  Fred  Dolle,  who  headquar- 
ters in  Louisville,  once  had  the  Lyric 
which  Charles  Olsen  now  operates, 
while  Dolle  himself  is  sticking  it  out 
at  the  Apollo,  close  by  the  Claypool 
Hotel  and,  therefore,  lucky  enough  to 
have  one  of  the  best  locations  of  them 
all,  if  one  of  the  poorest  of  drawing 
powers. 

Indicative  of  the  shortage  of  cash, 
coupled  with  which  goes  a  fine-comb 
practice  of  shopping  for  quality,  is  the 
practice  of  all  of  these  first  runs  to 
keep  their  morning  and  afternoon 
prices  at  a  25-cent  level.  They  figure 
the  ante  must  be  kept  low  or  business 
will  turn  even  worse  than  it  is. 

Operating  as  a  second  run  after  four 
years  of  darkness  and  causing  the  op- 
erators after  first  run  money  some 
annoyance  is  Keith's,  in  which  Ike 
Libson  of  Cincinnati  is  supposed  to 
have  an  interest  although  the  actual 
job  of  running  the  house  is  in  the 
hands  of  the  Switows  of  Kentucky. 
The  Indiana,  trying  to  get  55  cents 
chiefly  on  the  strength  of  shows  on 
the  stage,  finds  itself  compelled  to 
view  ruefully  Keith's  attempting  to 
do  ditto  at  a  price  15  cents  under  its 
own  and,  obviously,  doesn't  think  the 
situation  is  so  hot. 

Complain  About  Product 

In  the  neighborhoods  and  through- 
out the  state,  as  well,  there  is  much 
dissatisfaction  over  types  of  pictures 
and  the  infrequency  with  which  real 
attractions  come  along,  although  what 
there  is  new  about  it  isn't  quite  appar- 
ent. Reflected  largely  through  infor- 
mation filtering  through  the  office  of 
the  Associated  Theatre  Owners  of 
Indiana  and  over  the  desk  of  Charles 
R.  Metzger,  its  business  manager,  is 
the  opinion  that  producers  are  not 
turning  out  enough  pictures  of  the 
family  type  to  keep  the  homey  folks 
satisfied.     "We  can't  get  by  with  six 


Easy  Approach 

Indianapolis.— When  "Jim- 
my" Grainger,  as  general 
sales  manager  of  Fox,  visited 
this  town,  self-described  as 
"The  Crossroads  of  the  Na- 
tion," he  found  the  exchange 
one  step  up  on  North  Illinois 
St. 

When  Grainger,  as  sales 
manager  for  Universal,  visits 
here  now  he  enters  the  same 
building  and  merely  walks 
upstairs.     Very  convenient. 


or  seven  hit  pictures  a  year,"  is  the 
general  plaint  of  the  small  man,  little 
realizing  that  the  yell  is  just  as  loud 
and  just  as  persistent  elsewhere 
through  the  nation. 

Exhibitor  dissatisfaction  is  evident, 
too,  over  the  increasingly  pronounced 
distributor  drift  toward  percentages. 
Theatremen  declare  they  cannot  see 
the  justice  in  increasing  the  number  of 
percentage  pictures  in  good  times  un- 
less the  identical  practice  prevails  in 
bad  times.  In  an  unorganized  fashion 
and  as  part  of  no  set  campaign,  it  is 
their  viewpoint  that  the  guarantees, 
insisted  upon  in  the  sale  of  percentage 
pictures,  constitute  a  normal  flat  rent- 
al anyway  while  the  additional  split 
merely  sweetens  the  distributor's  kit- 
ty. "We  figure  we  do  a  certain  amount 
of  institutional  business  on  Saturday, 
Sundays  and  holidays  regardless  of  the 
calibre  of  the  attraction.  Why  should 
we  be  compelled  to  turn  those  days 
over  to  the  exchanges  on  25,  30  and 
35  per  cent  pictures,  we  ask  you?"  So 
the  average  unaffiliated  theatreman 
talks  in  this  neck  of  the  woods. 

The  approximately  40  neighborhood 
houses  in  the  city  range  from  10  to  15 
cents  in  price  scales,  run  no  matinees 
except  Sundays  and  are  a  stronghold 
for  duals,  10  cent  nights,  giveaways 
and  what  have  you.  The  argument 
for  duals  runs  true  to  form  here  as 
elsewhere.  Independents  maintain  it's 
a  question  of  shows ;  that  they  can't 
afford  flesh  and  blood  drawing  c_ards 
and  know  of  no  other  way  than  at- 
tempt to  drag  'em  in  by  giving  two 
features  for  the  price  of  one. 


Looking  'Em  Over 


''The  Sin  of  Nora  Moran*' 

(Majestic) 

Produced  and  directed  by  Phi!  Goldstone,  the  plight  of  Nora  Moran 
IS  recounted  by  Alan  Dinehart  through  the  flashback  method  The 
effect  of  the  story  is  weakened  considerably  by  this  inethod  and  the 
continuity  IS  not  smooth  as  a  result.  An  audience  at  the  Strand  last 
night  tried  to  keep  track  of  the  story,  as  did  this  reviewer,  and  found 
It  a  vexing  problem  most  of  the  time. 

When  his  sister  comes  to  him  complaining  of  her  husbancJ  Dinehart 
leveas  the  romance  between  Paul  Cavanaugh  and  Zita  Johann  and  how 
It  ended  with  her  going  to  the  chair  for  the  murder  of  John  Milian  a 
deed  committed  by  Cavanaugh  in  self-defense.  Conscious  stricken  Cava- 
naugh commits  suicide  when,  as  governor,  he  failed  to  save  the  g'irl  who 
would  not  disgrace  him.  *,  ^ 


"Advice  to  the  Lovelorn"  opens  at  the  Rivoli  this  morning.  Motion  Pictijrf 
Daily  reviewed  %t  by  wire  from  Hollywood  on  Dec.  5.  r-icxxjRE 


Reaction  to 
NRA  Coming 
Along  Slowly 


Upset  are  these  men  also  on  the  pro- 
tection situation.  The  first  runs  are 
accorded  60  days  over  all  others. and 
that,  the  independents  claim,  is  unfair. 
Six  months  ago  an  effort  was  made 
to  iron  out  the  trouble  on  the  basis  of 
admissions  with  a  14-day  clearance 
schedule  for  each  class  of  house.  Set 
to  go  through,  the  necessary  signa- 
tures failed  to  develop  with  the  result 
that  the  proposed  zoning  schedule  is 
back  where  it  started — on  Metzger's 
desk.  Now  that  the  code  has  been 
signed,  the  general  anticipation  is  the 
formula  will  become  one  of  the  first 
orders  of  business  when  Indianapolis' 
clearance  and  zoning  board  holds  its 
first  meeting  sometime  between  now 
and  perhaps  Feb.  1. 

They  don't  want  tragic  endings 
through  this  sector,  but  they  do  want 
slapstick  of  the  Joe  E.  Brown  variety. 
They  laughed  at  the  ending  which 
Radio  supplied  for  "Morning  Glory" 
and  wondered  whatinhell  Katharine 
Hepburn  was  all  emotionally  wrought 
up  over  anyway.  Marie  Dressier  is  a 
favorite  as  are  Wheeler  and  Woolsey. 

Father  Confessor  Metzger 

One  of  the  most  interesting  person- 
alities along  Film  Row  is  Business 
Manager  Metzger.  He  was  once  an 
exhibitor  and  a  half  partner  in  six 
local  and  Frankfort  theatres.  Today, 
his  theatre  activities  are  limited  to  a 
share  of  one  local  house  in  town  in 
which  he  takes  no  operating  voice. 
Attracted  to  the  business  through  a 
long  association,  this  Hoosier  is  a  sort 
of  father  confessor  to  exhibitors  and 
many  exchangemen  alike. 

He  is  a  lawyer,  an  author,  a  lec- 
turer in  dental  jurisprudence  at  the 
School  of  Dentistry  at  the  Indiana 
University;  an  assistant  professor 
there  who  teaches  five  nights  every 
week  because  he  likes  to  expound  in 
subjects  having  to  do  with  economics, 
sociology  and  juvenile  behavior.  Like 
the  alphabet  government  in  Washing- 
ton with  its  NRA,  AAA,  RFC  and 
some  more,  Metzger  has  the  right  to 
pen  after  his  name  an  M.A.,  a  B.A. 
and  an  LL.B.  His  ideas  on  thie  film 
industry  along  his  native  heath  are 
worth  while. 

For  instance,  it  is  his  contention  the 
neighborhoods  here  were  forced  into 
dual  by  some  of  the  chiseling  brethren 
in  their  own  ranks  and  the  lack  of 
scruples  on  the  part  of  some  exchanges 
in  selling  twin  bills  wherever  they 
could.  He  believes  it  would  be  well 
for  theatres  to  close  down  three 
moriths  every  year  in  order  to  whet 
jaded  entertainment  palates  with  a  de- 
sire anew  to  go  to  pictures. 

He  charges  the  business  with  a  lack 
of  good  taste,  declares  it  is  constantly 
estranging  once  friendly  groups,  be- 
lieves the  daneer  of  national  censor- 
ship is  growing  apace  and  expresses 
his  wonderment  how,  in  view  of  the 
direction  which  he  holds  the  industry 
iContinned  on  page  7) 


Wednesday,  December   13,   1933 


MOTION  PICTURE 

DAILY 


Rosenblatt's 
Job  of  Board 
Naming  Begun 


(Continued  from  page  1) 

the  public.  While  it  is  not  believed 
that  a  determined  effort  will  be  made 
to  secure  strictly  partisan  boards,  po- 
litically speaking,  it  is  expected  that 
where  the  choice  lies  between  a  Dem- 
ocrat and  a  Republican  whose  qualifi- 
cations in  other  respects  are  simi- 
lar, the  former  will  get  the  post. 

In  investigating  the  trade  nominees 
for  board  membership,  business  repu- 
tation and  familiarity  with  the  indus- 
try will  be  closely  scrutinized. 

Under  the  control  arrangements  in 
the  code,  a  clearance  and  zoning  board 
of  seven  members  and  a  grievance 
board  of  five  are  to  be  set  up  in 
each  territory.  These  boards  will  be 
located  in  the  exchange  cities  of  the 
respective  territories,  as  follows :  Al- 
bany, N.  Y. ;  Atlanta,  Baltinwre,  Bos- 
ton, Buffalo;  Charlotte,  N.  C. ;  Chi- 
cago, Cincinnati,  Cleveland,  Dallas, 
Denver,  Des  Moines,  Detroit,  Indian- 
apolis, Kansas  City,  Los  Angeles, 
Memphis,  Milwaukee,  Minneapolis, 
New  Haven,  New  Orleans,  New  York, 
Oklahoma  City,  Omaha,  Philadelphia, 
Pittsburgh  ;  Portland,  Ore. ;  St.  Louis, 
Salt  Lake  City,  San  Francisco,  Seat- 
tle and  Washington,  D.  C. 

In  addition,  there  is  to  be  an  agency 
committee  of  10  members  and  free- 
lance and  extra  committees,  the  size 
of  which  has  not  been  set.  The  clear- 
ance and  zoning  boards  will  require 
224  appointments  and  the  grievance 
committees  160. 


Will  Back  Licensing 

Washington,  Dec.  12.  —  Repeal 
of  those  provisions  of  the  Industrial 
Recovery  Act  authorizing  the  licens- 
ing of  industries  which  fail  to  com- 
ply with  codes  will  be  bitterly  con- 
tested by  the  Recovery  Administration, 
it  was  declared  today  by  General 
Hugh  S.  Johnson. 

Sponsored  by  the  National  Ass'n 
of  Manufacturers  and  other  organiza- 
tions, a  movement  is  on  foot  to  seek 
repeal  of  the  licensing  section  when 
Congress    meets    next    month. 


To  Test  Code  in  K.  C, 

Kansas  City,  Mo.,  Dec.  12. — An 
early  test  of  the  film  code  labor 
provisions  is  planned  by  the  I.T.O.  of 
Kansas  City  over  the  local  operator 
dispute  and  by  the  I.A.T.S.E.  opera- 
tors' union. 


Four  New  Plans  in  Wind 
For  Revamping  Old  Roxy 


Deputy  May  Go  West 

Washington,  Dec.  12. — Expecta- 
tions are  that  some  time  in  January, 
the  exact  date  not  set.  Deputy  Sol  A. 
Rosenblatt  will  make  a  trip  to  the 
coast  in  connection  with  the  activities 
of  his  office  under  the  code. 


To  Talk  Code  in  Oregon 

Portland,  Dec.  12. — A  meeting  of 
exhibitors  has  been  called  here  for 
Dec.  18  by  exchange  heads  to  con- 
sider the   industry  code  operation. 


Vallee  Reaches  Coast 

Hollywood,  Dec.  12. — Rudy  Vallee 
has  arrived  here  to  begin  work  in 
George  White's   "Scandals"  for   Fox. 


Indianapolis  Plods 
Along  'Mid  Trouble 

(Continued  from  page  6) 
is  drifting  in  its  persistent  production 
of  salacious  pictures,  nothing  is  done 
about  it. 

Economically,  this  territory  has 
been  plodding  along  largely  in  the 
hope  better  times  will  come.  In  the 
western  part  of  the  state,  coal  strikes 
have  brought  out  the  militia.  That 
hasn't  helped.  The  NRA  has  devel- 
oped no  cheers  and,  in  many  parts  of 
the  state,  the  Blue  Eagle  has  been 
thrown  into  the  discard.  Anticipating 
additional  relief  from  the  Federal 
civil  works  campaign,  the  unemploy- 
ment percentage  already  has  been  cut 
15  per  cent. 

The  C.  of  C.  Speaks 

This  end  of  the  story  is  perhaps 
best  told  by  Harmon  E.  Stokes,  di- 
rector of  public  relations  of  the  Indi- 
anapolis Chamber  of  Comrnerce,  whose 
conclusions  are  these : 

"In  October  the  Indiana  University 
Bureau  of  Business  Research  estimated 
that  there  were  39,631  unemployed  in 
Indianapolis,  and  during  the  same 
month  there  were  approximately  11,- 
550  relief  cases  in  Marion  County, 
most  of  which  reside  in  Indianapolis. 

"The  general  financial  condition  of 
the  city  is  good,  with  the  largest  bank 
to  get  into  difficulties  reorganized  and 
operating,  having  released  50  per  cent 
of  all  its  deposits. 

"It  appears  safe  to  say  that  Indian- 
apolis has  responded  a  little  more 
slowly  than  some  other  sections  to  the 
NRA,  but  conditions  apparently  have 
improved  considerably  at  the  present 
time  over  the  spring  and  early  sum- 
mer in  the  point  of  employment  and 
pay  rolls. 

"Repeal  will  probably  not  make  as 
much  difference  in  Indianapolis  as  in 
some  other  cities,  due  to  the  state  law 
limiting  the  number  of  breweries  and 
distilleries  which  may  be  operated 
within  the  state. 

"Generally  speaking,  business  is 
showing  improvement  in  a  number  of 
different  lines  in  Indianapolis,  but  due 
to  the  diversification  of  industry  in 
this  city,  it  is  probably  true  that  the 
improvement  of  any  one  line  is  likely 
to  be  modified  in  its  effect  on  the  city 
by  regression  in  other  lines.  Indian- 
apolis probably  has  suffered  less  from 
the  depression  than  so-called  'steel 
towns'  or  'automobile  towns,' '  and  jt 
is  possible  that  any  pick-up  here  will 
be  of  a  more  substantial  nature,  but 
a  little  slower  than  in  these  other 
cities." 

(Copyright,   1933,  Qniglcy  Publications) 


(Continued  from  page    1) 

hand  was  approximately  $128,000, 
after  certain  prepayments  of  $6,700, 
and  recommended  payment  of  $50,000 
as  part  of  back  taxes.  He  added  the 
theatre  owed  the  city  $218,000  in  taxes 
and  that,  after  Jan.  1,  it  will  pay  10 
per  cent  interest. 

Rose  revealed  that  if  the  theatre 
had  been  closed  from  May  5  to  Nov. 
9,  charges  accruing  would  have  to- 
taled $65,430.  In  continuing  the  re- 
ceivership Judge  Caffey  praised  Cull- 
man for  the  work  he  had  done.  Is- 
raels  agreed  with   Caffey  on  this. 

The  receiver's  attorney  also  pointed 
out  that  the  theatre  has  an  agreement 
with  RKO  that  if  the  7th  Ave.  Roxy 
foregoes  certain  Universal  pictures,  it 
gets,  in  return,  as  many  Radio  pic- 
tures. 


Authority  Meets  in 
New  York  Dec.  20 


Opera  Among  Plans 
For  the  RKO  Center 

(Continued  from  page    1) 

ests  withdraw  the  house  from  RKO 
operation  is  reported  to  have  been 
considered  in  the  drafting  of  the  new 
leases  for  both  Radio  City  houses. 
A  clause  in  the  lease  for  the  Center 
reserves  Rockefeller  interests  the 
right  to  withdraw  the  house  from 
RKO  at  virtually  any  time. 


Delay  Local  306  Suit 

Hearing  of  Local  306's  $1,000,000 
suit  against  the  I.  T.  O.  A.  scheduled 
for  yesterday  in  the  Brooklyn  Su- 
preme Court  has  been  put  over  until 
Friday. 


(Continued   fram   page    1) 

will  signify  their  acceptance  of  the 
code  as  provided  by  those  paragraphs 
requiring  adherence  as  a  condition  to 
securing  the  benefits  of  the  grievance 
boards. 

It  is  expected  that  among  the  ques- 
tions to  be  discussed  by  the  code  au- 
thority will  be  that  of  finances.  This 
now  is  being  studied  by  the  Recov- 
ery Administration  with  a  view  to  de- 
veloping a  fixed  policy  to  be  applied 
to  the  administration  of  all  codes,  but 
suggestions  have  been  made  that  pro- 
ducers and  distributors  be  assessed  on 
the  basis  of  their  volume  of  busi- 
ness and  exhibitors  subjected  to  a 
seating    tax. 

Both  Dr.  A.  Lawrence  Lowell, 
named  by  President  Roosevelt  as  a 
government  representative  on  the  code 
authority,  and  Rosenblatt,  who  will 
be  the  second  government  representa- 
tive, will  attend  the  meeting,  as  will 
Marie  Dressier  and  Eddie  Cantor. 
The  two  actor-representatives,  how- 
ever, will  be  permitted  to  take  no  part 
in  the  proceedings  unless  questions 
affecting  labor  come  up,  their  ap- 
pointments being  specifically  for  serv- 
vice  only  when  labor  problems  are 
under  discussion.  If  the  third  gov- 
ernment representative  is  named  prior 
to  the  meeting,  he  also  will  probably 
attend.  In  answer  to  questions  today, 
however,  Administrator  Hugh  .  S. 
Johnson  said  he  had  not  yet  decided 
upon  this  third  member. 


Wanger  Signs  New  Pact 

Hollywood,  Dec.  12. — Walter  Wan- 
ger has  signed  a  new  one-year  con- 
tract with  M-G-M.     It  starts  Jan.  9. 


Michigan  Blizzard 
Delays  Allied  Meet 

(Continued  from  page  1) 

That  Allied  continue  its  opposition 
to  Mid  States,  the  Detroit  buying 
combine ;  that  it  endorse  the  national 
managing  committee's  stand  on  the 
code,  and  that  it  retain  H.  M.  Richey 
as  general  manager. 

Leaders  charged  that  M.  P.  T.  O.  A 
money  is  being  sent  into  Allied  ter- 
ritory. All  members  were  urged  to 
rally  behind  the  organization. 


SIN 


—  Can  It  Ever 
Be  Right-Can  It  Ever  Be 
Forgiven  — Must  It 
Always  Be  Punished? 


WHOSE  SIN? 


"THE  SIN  of 

NORA  MORAN" 

A  Majestic  Exploitation   Special 


HOI.LAND 
SWEDEN    . 
DENMARK 
NORWAY 
FINLAND    . 


.  .  7  Theatres 
3  Theatres 
.  .  3  Theatres 
.  .  3  Theatres 
.     .     3  Theatres 


CANADA  .  .  .12  Theatres 
UNITED  STATES  720  Theatres 
GREAT  BRITAIN  10  Theatres 
JAPAN        ....  72    Theatres 


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■OOK^I^  THEATRES  HJ^H 

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The  Leading 
Daily 
^Newspaper 

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m  the 

Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and    ^    '^^  ■''^^ 
Faithful  4   1 
Service  to' 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  139 


NEW  YORK,  THURSDAY,  DECEMBER  14,  1933 


TEN  CENTS 


Better  Tone 
Claimed  for 
Industry  Ads 

McCarthy  Council  Shows 
Results,  Says  Herald 

Film  advertising  has  been  improved 
noticeably  within  the  past  three  weeks 
as  a  result  of  the  operations  of  the 
new  Advertising  Advisory  Council 
headed  by  J.  J.  McCarthy,  states  the 
Motion  Picture  Herald. 

Under  the  workings  of  the  new  ar- 
rangement all  stills,  ad  layouts  and 
exploitation  materials  are  submitted 
to  McCarthy  for  approval.  He  de- 
cides whether  each  company  has  lived 
up  to  the  terms  of  the  regulations  re- 
cently agreed  upon  by  a  committee 
made  up  of  John  Flinn,  representing 
the  Ampa,  Howard  Dietz  of  M-G-M 
and  S.  Charles  Einfeld  of  Warners. 
All   the  majors   and  many   of  the   in- 

{Continued  on  page  2) 

Joe  Goldberg  Dead; 
Committed  Suicide 

Joseph  H.  ("Joe")  Goldberg  was 
found  dead  at  6:30  A.  M.. yesterday  at 
a  rooming  house  at  302  W.  51st  St. 
According  to  Dr.  Henry  Weinberg, 
assistant  medical  examiner,  it  was  a 
case  of  suicide  by  gas. 

Police  reported  several  gas  jets 
were  found  open  in  the  room  which 
(Continued  on  page  8) 


Original  Executive  Order 
Lea 's  Idea^  Says  Johnson 


Washington,  Dec.  13. — Speculation 
as  to  the  source  of  the  original  Execu- 
tive Order  virtually  removing  from  the 
industry  the  self-regulation  promised 
it  but  later  assured  it  when  General 
Hugh  S.  Johnson  interpreted  the  text 
to  the  satisfaction  of  industry  leaders, 
is  now  removed  and  the  genesis  of 
the  plan  traced  to  the  office  of  Colonel 
Robert  Lea,  the  Administrator's  as- 
sistant. 

According  to  Johnson,  it  was  Lea 
who    recommended   that   the    right   of 


the  President  to  veto  action  of  Code 
Authority  should  be  more  explicitly 
stated.  This  was  the  reason,  accord- 
ing to  the  Administrator,  that  the 
Executive  Order  reserved  the  right 
to  disapprove  any  action  of  Code 
Authority  or  any  board  appointed  by 
it. 

The  order  which  created  consider- 
able disturbance  in  film  executive 
ranks  and  which  resulted  in  last  Fri- 
day's interview  with  the  President  as 

(Continued  on   page   6) 


Names  Sought 
To  Help  Code 
Board  Choices 


Film  Outlook 
Held  Good  by 
Finance  Paper 

Major  company  economies  which 
seem  likely  to  have  permanent  benefits 
and  recent  improvements  in  theatre 
grosses  ar^  cited  by  Standard  Trade 
and  Securities,  investment  publication, 
as  reasons  for  confidence  in  film  se- 
curities. 

"Gross  revenues  have  improved 
steadily  in  recent  months  without 
benefit  of  higher  admission  prices,"  the 
report  states.  "Box-office  receipts  for 
the  final  quarter  should  fully  equal 
those  of  a  year  ago,  as  compared  vvith 

(Continued  on  page  S) 


Repeal  Hits 
Popular  Note 
In  Cincinnati 


Cincinnati,  Dec.  13. — Exhibitors 
and  exchange  managers  alike  in  this 
area  are  agreed  that  repeal  is  going 
to  help  theatres  as  soon  as  people  get 
the  habit  of  dining  out  and  having 
liquor  with  their  meals. 

The  general  feeling  is  that  drinking 
with  meals  will  be  an  inducement  for 
dining  out  and  that  once  people  are 
out  they  will  logically  go  in  search  of 
amusement. 

"People  have  been  demanding  re- 
peal so  long,"  says  W.  C.  Gerhing, 
(Continued  on   page  8) 


Woman  May  Be  3rd  U,  S. 
Member  of  Authority 

Washington,  Dec.  13. — Sugges- 
tions for  appointments  to  zoning  and 
grievance  boards  will  be  welcomed 
from  all  bona  fide  organizations  in 
the  industry,  declares  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt.  He 
wants  a  large  list  of  nominees  so  that 
the  choice  will  be  as  wide  as  possible, 
he   says. 

It  was  stressed  at  NRA  headquart- 
ers, however,  that  the  organizations 
must  be  bona  fide  exhibitors  or  dis- 
tributors, with  a  wide  knowledge  of 
the  business,  as  it  is  the  intent  to  see 
that  all  members  are  of  the  highest 
repute. 

The  remaining  government  mem- 
ber of  the  Code  Authority,  who 
will  be  selected  from  outside  the 
industry,  will  be  preferably  somebody 
(Continued  on  page  6) 


New  Costume  Cycle 
Continues  to  Grow 

Hollywood.  Dec.  13. — A  new  cycle 
of  historical  costume  pictures  is  under 
way.  Joining  the  parade  of  "Catherine 
the  Great,"  "House  of  Rothschild," 
and   "Queen   Christina"    is    "Elizabeth 

(Continued   on   page   8) 


Cochrane  Pins  Faith  on  Code;  Warner  and  Bernhard 

On  Qood  Films;  Sdvulherg  on  Added  Buying  Vower 


By  R.  H.  COCHRANE 
Vice-President,  Universal 

Maybe  the  best  way  to  size  up  the 

NR.\  and  the  code  should  be  to  ask 

ourselves,    what 

if    we    didn't 

have  them? 

If  we  had  not 
worked  out  a 
code,  we  would 
have  to  go  on 
with  endless 
li  i  c  k  e  r  i  n  g 
throughout  the 
industry.  W  e 
would  continue 
to  suffer  from 
the  same  suspi- 
cions, the  same 
fears,  the  same 
ailments  which 
have  nagged  us  for  years.  We  would 
(Continued  cm  page  6) 


By  JACK  L.  WARNER 
Vice-President,  Warners 

Hollywood,  Dec.  13. — I  believe 
1934  will  witness  a  greater  response 
on  the  part  of 
the  public  to 
real,  outstand- 
i  n  g  entertain- 
I     ^pr  \       mcnt    than    the 

box-office     has 
felt     for    years. 
■•"    With     the     im- 
^    provement       i  n 
•-   general      condi- 
tions,    the     re- 
wards that  good 
pictures    always 
reap  are  bound 
to     be     corre- 
s  p  o  n  d  i  n  g- 
ly  greater. 
Even   during   a   year   like   the   last 
(Continued  on  page  6) 


By  B.  P.  SCHULBERG 
Producer  for  Paramount 

Hollywood,  Dec.  13. — The  industry 
cannot  continue  to  function  under  the 
NRA  c  o  n  d  i  - 
tions,  unless  the 
entire  National 
Recovery  Act 
movement  suc- 
ceeds. 

The  NRA  can 
only  increase 
the  cost  of  mak- 
ing pictures 
without  return- 
ing any  propor- 
tionate compen- 
sation in  the 
Ijox-office  qual- 
ity of  the  prod- 
uct. 

Likewise,  the  increase  of  compensa- 
(Conti'ntted  on  page  6) 


By  JOSEPH  BERNHARD 
Gen'l  M'g'r,  Warner  Theatres 

In    the    beginning    it    was    novelty 
that  crowded  theatres. 

First,  the 
novelty  of  mo- 
t  i  o  n  pictures 
themselves. 
When  that 
phase  had 
passed  because 
of  the  public's 
always  increas- 
ing taste  for 
something  bet- 
ter, there  began 
the  cathedral 
era  in  theatre 
building. 

For     a     time 
sumptuous  deco- 
rations and  rich  atmosphere  stimulated 
(Continued  on  page  6) 


MOTION  PICTURE 

DAILY 


I 


Thursday,  December   14,   1933 


MOTION  PICTURE 

DAILY 

^Kck-iitetcd    U.   S.   Patent  Office) 


\\1.    .!■» 


L)rcc::ibcr    14,    19.U 


No.   139 


MaBTIN    UtllCLXY 

EdxtOT-in-Chiti  and  Publuker 

MAURICE    KANN 

Editor 
JAMES  A.  CRON 
AdtfTtistHO   Uanaotr 


Claim  Better  Tone 
For  Industry  Ads 


Publitbed  daily  except  Sunday  and  holi- 
dari  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."  AH  con- 
tents copyrighted  1933  by  Motion  Picture 
Daily,  Inc.  Address  all  correspondence  to 
the  New  York  Office.  Other  Quigley  pub- 
lications: MOTION  PICTURE  HERALU, 
BETTER  THEATRES.  THE  MOTION 
PICTLRE  ALMANAC  and  THE  CHI- 
CACOAN. 

Hollywod  Bureau:  Pacific  States  Life 
Building.  Vine  and  Yucca  Streets,  Victor 
U.  Skafiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  £iitM>i  S.  Clifford. 
manager;  London  Bureau:  1021  A  Finchley 
Road.  Golders  Green.  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-^ugustastrasse  28,  Joachim 
K.  Rftenbero.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau:  Viale 
Gorizia,  V'ittorio  Malfaisnti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269.  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road.  C.  Holmes.  Representative;  Budapest 
Bureau;  II  Olaaz  Fasor  17,  Endre  Hevisi, 
Representative. 

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. 


DeMille  Favors  Cut 
In  Stars*  Salaries 

Washington,  Dec.  13.— Cecil  B. 
Ue  Mille  is  in  favor  of  star  salary 
cuts.  He  said  so  upon  arrival  here 
today  to  adjust  his  income  tax  dis- 
pute with  the  Internal  Revenue  De- 
partment. 

"Stars  are  getting  too  much  money 
at  present,"  he  said,  "and  that  makes 
it  difficult  for  a  producer  to  keep  turn- 
ing out  pictures  in  proper  style. 
"When  the  box-office  justifies  high 
salaries,  then  high  salaries  should  be 
paid,  but  not  now." 


U.  A.  Wins  Maryland 
''Blood  Money''  Test 

Baltimore,  Dec.  13. — Chief  Judge 
Samuel  K.  Dennis  of  City  Court  re- 
versed the  censors'  ruling  rejecting 
"Blood  Money"  today  after  seeing  the 
filmj  asserting  "if  the  picture  were 
left  alone,  it  would  very  soon  censor 
itself  and  pass  out  of  circulation  for 
lack   of   box-office    receipts." 

The  jurist  called  it  ineflPective  as  an 
incentive  to  crime  or  immorality.  The 
ruling  of  the  censors  had  been  ap- 
pealed  by   United   Artists. 


Mack  Sennett  Files 
Personal  Bankruptcy 

HoLi.vwof.D,  iJfT.  1.3. —  Mack  Sen- 
nett ha.s  file<:l  a  personal  voluntary 
petition  in  bankruptcy.  He  lists  $925,- 
680  in  liabilities  and  $1,600  in  assets 
with  $950  exempt  for  household 
effects. 

This  is  said  to  be  his  answer  to 
claims  filed  by  Walter  C.  Durst,  re- 
ceiver for  Mack  Sennett,   Inc. 


{Coiilinucd  from    paste    O 

dependents  have  agreed  to  the  plan. 
Service  is  rapid,  copy  being  returned 
to  the  companies  within  an  hour. 

So  that  the  regulations  will  be  ap- 
I)lied  from  the  studios  on  to  the  fin- 
ished product.  Flinn,  on  last  trip  to 
tlie  coast,  explained  them  in  detail  to 
publicity  and  advertising  nien  out 
tliere. 

"The  council  is  definitely  not  a 
censoring  body,"  says  the  Herald. 
"As  a  matter  of  fact,  McCarthy,  its 
guiding  factor,  has,  since  1912,  been 
conducting  an  independent  and  rather 
aggressive  campaign  against  censor- 
ship. 

"Obviously,  the  council  could  not 
function  without  the  unstinted  co- 
operation of  the  advertising  and  pub- 
licity directors  on  both  coasts,  and  the 
encouraging  accomplishments  wit- 
nes.-icd  during  the  first  three  weeks 
are  due,  according  to  McCarthy,  solely 
'to  the  whole-hearted  and  unselfish 
co-operation  of  advertising  heads  and 
to  the  aid  of  the  executives  of  the 
companies  who  have  devised  the  ma- 
chinery for  creating  this  new  stand- 
ard.' " 

McCarthy  not  only  believes  the  new 
plan,  which  supplants  the  Hays  code 
of  1930,  will  head  off  "blue  nose" 
censorship  from  outside  the  industry, 
according  to  the  Herald,  but  he  is 
also  convinced  that  it  has  economic 
advantages. 

"There  are  more  people  in  the 
country  today  who  do  not  patronize 
motion  pictures  than  those  who  do," 
McCarthy  is  quoted  as  saying.  He 
continues:  "If  this  be  true,  it  appears 
quite  reasonable  to  suggest  that  we 
go  after  that  vast  audience  of  inactive 
picturegoers,  and  the  very  first  method 
that  should  be  used  is  clean  advertis- 
ing, to  appeal  directly  to  the  many 
thousands  of  decent  living  families 
who  have  virtually  been  driven  from 
our  theatre  doors  by  advertising  in 
bad  taste. 

"Objectionable  advertising  has  no 
place  in  the  motion  picture  industry. 
Except  for  the  possible  influence  of 
current  business  conditions,  motion 
pictures  can  still  be  sold  to  the  pub- 
lic decently  and  profitably.  I  have 
never  believed  that  merchandising  of 
sex  is  essential  to  consistently  good 
box-office  results." 


A  New  Face 

Meeting  Hollywood's  future 
need  for  new  faces,  Nicholas 
31.  Schenck,  not  to  overlook 
Mrs.  Schenck,  did  his  bit 
again  for  the  industry  yester- 
day when  a  baby  girl,  the 
third,  arrived  in  this  world 
in  conjunction  with  another 
snow  storm. 

The  newly  born's  sisters  are 
Martha,  age  five,  and  Joan, 
age  one  year  and  three 
months. 


Cochrane  Brothers 
At  Rites  for  Sister 

All  but  one  of  the  Cochrane  broth- 
ers will  attend  the  funeral  of  their  sis- 
ter, Mrs.  L.  K.  Merrill,  formerly  of 
New  Rochelle,  who  died  in  Tokdo 
Monday.  The  funeral  will  be  held 
today  at  the  home  of  another  sister, 
Mrs.  George  L.  Chapman,  21  Bron- 
son   Place,  Toledo. 

Mrs.  Merrill's  death  is  the  first 
break  in  a  family  of  two  girls  and  six 
i)nys,  most  of  whom  are  in  the  film 
business.  Those  who  will  attend  are 
P.  D.,  R.  H.,  and  George  Cochrane 
of  Universal,  Witt  K.  Cochrane  of  the 
Cochrane  Advertising  Co.  of  Chicago, 
and  Negley  D.  Cochrane  of  the 
Scripps-Howard  newspapers.  Tom 
Cochrane,  the  brother  who  cannot 
attend,  is  on  his  way  back  to  Japan 
where  he  is  in  charge  of  theatre  op- 
erations for  Paramount. 


Ferde  Grofe  at  Ampa 

Ferde  Grofe,  composer,  will  head 
the  talent  lineup  at  the  Ampa  to- 
day. Others  scheduled  to  attend  are 
the  Don  Hall  Trio,  Ham  Fisher,  car- 
toonist; Frank  Parker,  tenor;  Harry 
Goetz,  president  of  Reliance,  and 
Harry  Hershfield,  president  of  the  re- 
organized Cheese  _Club. 

John  Flinn  will  preside. 


Daugherty  Quits  Warners 

Hollywood,  Dec.  13.  —  Frank 
Daugherty  has  handed  in  his  resigna- 
tion at  Warners,  concluding  a  three- 
year  relationship  with  the  studio  pub- 
licity department. 


Home  Calls  Off  Trip 

Hal  Ilornc  has  called  off  his  trip 
to  the  coast.  He  had  planned  to 
visit  his  daughter  hi  California  around 
Christmas  time. 


Stocks  Slump  in  Falling  Market 


HipK 

Oiluniliia    Pictures,   vtc 265^ 

f'onsolidafed    Film    Industries,   pfd 9^ 

Eastman  Kodak   ^2'/i 

I.'iew'^.    Inc .■52Vi 

I>icw's.    Inc..    pfd 72 

Paramount    Publix 2% 

Pathc    Exchange    ]% 

Pa  the    Exchange    "A" 1214 

RKo  ::::  2% 

Warner    Bros (,y^ 


Low 

Close 

as 

2f,V> 

9^4 

Wi 

801^ 

81 H 

31 H 

7,2 

72 

72 

V4, 

\% 

m 

m 

im 

12 

2'A 

2V, 

6 

6 

Net 
Changre 


-VA 


-fi 
-'A 


Technicolor  Shows  Slight  Gain 


.  High 

i.eneral   Theatre   Equipment,  pfd 'A 

Technicolor     , 91^ 


Net 
Low      Close      Change 

'A         Vi      

9  9/.        -f  ?^ 


Paramount  F.  L.  Bonds  Drop  Two 


General   Theatre    Equipment  6g  '40 

Oenrral  Tbcatrc  Equipment  6s  '40,  ctf 

T.oew'«   rts   '41.    WW   deb   rights 

Paramount    Broadway   S'/5s   '51 

Paramount    F.    L.    6s    '47 ] 

Paramount    PubUx    S}4s    '50 ........'.'...'.   29% 

Warner  Bros.  6s  '39,  wd '.'.'.'.'.'..'.'.'.'.   42K 


High 

82 
31 
30 


Net 
Low      Close     Change 


VA 
3 

80'X 

31 

28 

228'/ 

41 


3 
82 
31 
28 

28'/ 
41 J4 


—  ^ 
-V2 


—2 


-'A 


Sales 

300 
500 
900 

1,900 
200 

8,900 
600 

2,!;on 

700 
9,100 


Sales 

200 
1.200 


Sales 

27 
8 

25 
6 
4 

14 

77 


i  Purely 
Personal  ► 

AL  CHRISTIE  will  direct  another 
Educational  comedy  featuring 
Stoopnagle  and  Bud  at  the  Eastern 
Service  Studio  this  week.  This  story 
has  been  written  by  William  Watson 
and   SiG  Hersig. 

Gertrude  H.  Silleg,  Mort  Blu- 
menstock's  secretary,  is  entered  as  a 
mannequin  in  the  Bronx  County 
Fashion  Revue  which  takes  place  at 
the  Concourse  Plaza,  Dec.  14-15. 

Kay  Francis  left  Hollywood  by 
plane  for  New  York  yesterday  to 
spend  the  Christmas  holidays  with  her 
husband,    Kenneth    McKenna. 

Eddie  Golden  returns  from  Mil- 
waukee today.  He  was  due  to  return 
yesterday,  but  couldn't  make  it. 

Howard  S.  Cullman  returns  from 
Hartford  today  after  a  brief  visit  to 
his  tobacco  warehouse. 

Ernest  B.  Schoedsack  has  gone 
back  to  the  coast  by  plane  after  a 
four-day  visit  here. 

Groucho  and  Chico  Marx  arrived 
in    town    yesterday    from    Hollywood. 

Peter  Freuchen,  author  of  "Es- 
kimo,"  left  for   the  coast   last  night. 

Fred  McConnell  is  en  route  to 
New  York  from  the  coast. 

D.  A.  Doran  has  reached  New 
York  from  Hollywood. 

Sam  Jacobson  is  in  town  from 
Hollywood. 

Roy  Mack  celebrates  another  birth- 
day today. 


General  Gets  New  Series 

General  Pictures  Exchange  has  ac- 
quired the  distribution  rights  to  Pyra- 
mid Production's  series  of  12  features, 
the  two  reel  novelty  "Freak  Fish,"  and 
"Found  Alive." 

Moe  Kerman  is  now  in  charge,  of 
the  Brooklyn  and  Long  Island  terri- 
tories, and  Norman  Elson  is  handling 
the  New  Jersey  sales. 


Narrower  Improved 

Jack  Harrower's  condition  last 
night  was  reported  improved  at  the 
Yonkers  General  Hospital  follow- 
ing a  blood  transfusion.  The  Film 
Daily  columnist  is  ill  with  a  stomach 
ailment. 


Given  to  Film  Center 

Herbert  W.  Given,  Inc.,  has  leased 
space  on  the  sixth  floor  of  the  Film 
Center  Building,  and  will  set  up  his 
New  York  exchange  there  in  the  near 
future. 


Warners  Go  to  Duals 

Los  Angeles,  Dec.  13. — Warners' 
Hollywood  and  Downtown  go  to 
double  bills  Thursday  with  "From 
Headquarters"  and  "Disraeli." 


Cedar  in  Radio  Center 

Ivan  E.  Cedar,  European  producer, 
has  taken  office  space  in  the  RKO 
Building  in  Radio  City. 


A  NEW  SHORT  SUBJECT 

that's 


a 

HOWLING 
SUCCESS! 


Remember  how  Leo  topped  the  Short* 
Subject  lists  with  his  clever  "Dogville 
Comedies"?  Remember  how  he  followed 
through  with  "Fisherman's  Paradise" 
They  were  the  sensational  short  subject 
series  of  their  day.  Now  he  repeats  with 
the  last  word  in  lovely  lunacy! 


LEO,  THE  LAUGHING  LION 

■presents  the  newly  horn 
M-G-M  Comedy  Series 


CG 


99 


GOOFY 

MOVIES 

ONE  ROARING  REEL  EACH 
Talk  by  Pete  Smith,  the  Mad  Chatterer 

FIRST  DELIRIOUS 
RELEASE  DEC.  23d 

IT'S  SMART  TO  BE  GOOFY"! 


With  ALICE  WHITE,  Alan  Dinehart, 
Eugene  Palette,  Henry  Armetta. 
Story  by  Stanley  Ruh.  Produced 
by  Carl  Laemmie,  Jr.  Presented  Ky 
Carl   Laemmie     ANOTHER   clicker 

from  UNIVERSAL 


B^^HHi 

^arkczTT— -aMMKo*. 

^^^■■^1^-   • 

"^rresaas'!-^. 

<,>&mm: 


*'**»*!8«s>i«^te3^. 


Get  ready  tor  the  ride  of  your 


life  •  •  •  on   a   speeding   bus 


packed  ^ith  romance,  laughs. 


thrills,  action 


hm^^-m»'m 


MOTION  PICTURE 

DAILY 


Thursday,   December   14,    1933 


Names  Sought 
To  Help  Code 
Board  Choices 


{Continued  from   paijc    1) 
with    110    acquaintance    whatever    with 
the  industry,  it   was   stated. 

PossibiHties  that  the  third  govern- 
ment representative  will  be  a  woman 
were  todaj'  discussed  in  Washington 
for  the  first  time.  Newspaper  stories 
have  suggested  that  Frances  M.  Rob- 
inson, assistant  to  Johnson,  might  be 
given  the  appointment,  but  these  are 
not  considered  seriously,  particularly 
in  view  of  the  fact  service  on  tlie  au- 
thority carries  no  salary.  However, 
it  was  indicated  the  field  is  being 
widely  surveyed  and  the  interest  of 
the  women  of  the  country  in  the  in- 
dustry, it  is  understood,  is  being 
given    consideration. 

It  has  been  suggested  that  such  an 
appointment  would  meet  with  wide- 
spread approval  among  the  nation's 
women,  who  have  taken  a  prominent 
part  in  the  fight  for  moral  improve- 
ment of  pictures.  At  the  same  time, 
representatives  of  the  industry  are 
said  to  feel  that  such  a  step  would 
have  a  quieting  effect  upon  agitation 
for  better  pictures,  which  increased 
materially  while  the  code  was  under 
negotiation. 

If  the  third  government  representa- 
tive is  a  woman,  the  probabilities  are 
she  will  be  an  outstanding  figure,  ei- 
ther in  public  life  or  in  educational 
circles.  A  number  of  names  are  un- 
derstood already  to  have  been  sug- 
gested. 

In  the  near  future,  it  was  made 
known,  the  Code  Authority  will  ap- 
point a  committee  to  investigate  hours 
of  employes  engaged  in  production 
units,  not  with  respect  to  wage  scales. 
which  are  fixed  in  the  code,  but  in 
reference  to  the  overtime  provisions. 
Although  reports  from  the  west 
coast  declare  that  a  large  number  of 
houses  are  dropping  vaudeville  be- 
cause of  the  onerous  exactions  of  the 
code  and  that  a  number  of  acts  have 
been  stranded,  it  was  said  at  the  Re- 
covery Administration  that  no  com- 
plaints whatever  have  been  received 
along  this  line. 

With  all  controversies  over  the  code 
out  of  the  way,  it  was  learned,  the 
three  big  producing  companies  which 
had  heretofore  refused  to  sign  the 
code  have  expressed  their  willingness 
to  accept  it.  The  companies  were 
Columbia,  20th  Century  and  United 
.Artists. 


NRA  Reserves  Rule 
Upon  Skouras  Case 

A  ruling  on  a  complaint  to  the  local 
NRA  compliance  board  yesterday, 
made  by  Local  118,  Building  Service 
Employes'  Union,  alleging  that  .Skou- 
ras's  Academy  of  Music  had  dis- 
charged a  janitor  for  becoming  a 
member  of  the  union,  was  reserved 
until  today.  The  NRA  compliance 
board  declined  to  make  a  statement 
following  yesterday's  hearing. 

A  similar  charge  will  be  filed  early 
next  week  against  Randforce  Amuse- 
rnent  Co.  by  Local  118,  on  the  allega- 
tion that  Thomas  Palmesi,  a  janitor 
at  the  Republic.  Brooklyn,  was  dis- 
charged Dec.  6,  after  joining  the 
union. 


Pin  Faith  on  Code^  Good 
Films  and  Buying  Power 


By    R.    H.    COCHRANE 

(Continued   from   h'agc    1) 

be  annoyed,  irritated  and  stirred  up 
by  the  professional  stirrers-up  who 
have  been  making  a  living  out  of  stir- 
ring up  unnecessary  troubles  for  a 
long  time. 

Ihey  got  by  with  this  in  the  past 
because  there  was  no  practical  way  by 
which  they  could  be  shown  up. 

But  now  we  have  a  code.  Under 
this  code,  troubles  of  every  sort  will 
have  a  place  to  air  themselves,  whether 
in  a  local  board  or  before  the  Code 
.•\uthority.  Real  troubles  now  have  a 
place  where  they  can  find  redress. 
Fake  troubles  will  be  thrown  out  of 
the  window. 

If  the  code  is  properly  administered, 
every  element  in  the  picture  busmess 
should  work  more  harmoniously  than 
it  ever  has  worked  with  every  other 
element.  If  it  is  not  administered 
properly,  those  who  are  responsible 
for  failure  should  be  kicked  out  of 
their  jobs. 


By  JACK  L.  WARNER 

(Continued  from  Page   1) 

one,  good  pictures  filled  the  theatres 
in  the  face  of  the  rnost  discouraging 
conditions.  Neither  depression  nor  a 
bank  moratorium  could  stop  the  pub- 
lic response  to  a  picture  like  "42nd 
Street."  Its  success  was  a  healthy 
stimulant  to  business  in  many  other 
lines. 

There  is  no  special  "trend"  in 
popular  taste,  no  demand  on  the  part 
of  the  theatregoers  of  the  country,  ex- 
cept for  the  best  possible  entertain- 
ment. If  the  entire  industry  will  re- 
spond to  the  incentive  that  exists  to- 
day to  create  good  pictures,  any  other 
problems  the  business  may  be  con- 
fronted with  will  take  care  of  them- 
selves during  the  months  to  come. 


By  B.  P.  SCHULBERG 

(Continued  from  Page   1) 

tion  to  labor  will  not  bring  about  the 
same  proportionate  result  of  increased 
consumption  as  is  the  case  in  other 
industries.  Firstly,  because  the  in- 
creased buying  power  derived  from  in- 
crease in  compensation  to  studio  labor 
is  limited  to  one  city,  Los  Angeles, 
and  secondly,  because  men  who  work 
in  studios  in  the  making  of  motion 
pictures  are  not  inclined  to  spend  their 
leisure  in  wa^tching  motion  pictures. 

The  return  can  only  come,  therefore, 
from  an  increase  of  buying  power 
throughout  the  country. 

The  industry,  though,  in  my  opin- 
ion, is  performing  a  great  patriotic 
service  in  complymg  so  whole-heart- 
edly in  this  phase  of  President  Roose- 
velt's recovery  program. 


By  JOSEPH  BERNHARD 

(Continued  from  Page   1) 

business.  But  the  public  soon  adapted 
itself  to  the  new  luxurious  home  of 
the  motion  picture.  With  keen  thea- 
tre competition  to  enlighten  the 
patrons,  they  no  longer  had  to  search 
for  the  novelty  of  gorgeous  sur- 
roundings. But  novelty  entertainment 
was  still  elusive  and  oftentimes  re- 
mote. 

Sound  was  hailed  as  a  new  force  in 
1928.  But  five  years  of  sound  ETpve 
that  the  device  has  long  passed  its 
novelty  period.  An  ever-wiser  public 
still  selects  the  best  and  ignores  the 
others. 

In  lieu  of  making  a  prediction  for 
1934,  I  would  like  to  make  a  wish — 
a  wish  for  the  continued  succession  of 
good  pictures. 

It  means  giving  a  jaded  public  taste 
the  novelty  element  in  comedy  and 
drama  which  is  lifeblood  to  the 
theatre. 


Original  Executive  Order 
Lea^s  Idea^  Says  Johnson 


(Continued 

well  as  a  more  explicit  interpretation 
by  Johnson  the  following  afternoon 
created  considerable  speculation  in 
New  York  where  opinion  as  to  the 
sponsor  for  the  idea  fluctuated  between 
the  President  and  Johnson. 

At  any  rate,  in  his  letter  of  trans- 
mittal which  accompanied  the  code  and 
attendant  papers  to  the  President, 
Johnson  practically  covered  the  same 
point  which  ultimately  appeared  in  the 
Fxecutive  Order  made  public  on  Nov. 
27. 

He  recommended,  apparently  on 
Lea's  recommendation,  that  the  Ad- 
ministrator (meaning  Johnson  himself ) 
retain  the  right  to  disapprove  any  of 
Code  Authority's  "acts  or  the  acts  of 
any  committee  appointed  by  it;  and 
that  the  Administrator  further  have 
the   right  to  remove   any   rnember   or 


from   page    1 ) 

alternate  from  membership  upon  said 
Code  Authority  and  to  appoint  his  suc- 
cessor, if  such  shall  be  deemed  ad- 
visable, and  to  add  members  to  said 
Code  Authority  from  any  employer 
class  in  the  itidustry,  should  the  same 
be  advisable." 

Johnson's  letter  also  suggested  in- 
definite suspension  of  the  clause  im- 
posing a  $10,000  fine  for  payment  of 
"unconscionable"  salaries,  whereas  the 
President  decreed  such  clause  "shall 
not  become  effective  pending  further 
report  from  the  Administrator  after 
investigation." 

The  memorandum  of  interpretation, 
issued  on  Saturday,  however,  made  it 
clear  the  industry  is  to  regulate  itself 
and  dissipated  the  thought  that  John- 
son proposed  setting  himself  as  a 
board  of  review. 


Allen  Joins  Warners 

Wallace  Allen,  formerly  with 
Loew's  in  the  Bronx,  has  joined  War- 
ners as  city  manager  in  Elmira,  N. 
Y.,  under  Ralph  Grabill,  district  man- 
ager   for    upper    New    York    State. 


MPPDA  Directors  Meet 

The  regular  quarterly  meeting  of 
M.  P.  P.  D.  A.  directors  was  held 
yesterday.  Only  routine  business  wjs 
transacted,  it  was  stated  following  the 
meeting. 


New  Policy 
On  Code  Laid 
DownbyAlKed 


Grand  Rapids,  Mich.,  Dec.  13. — 
The  National  Managing  Committee  of 
Allied  today  outlined  an  "entirely  dif- 
ferent" policy  to  govern  future  action. 
Abram  F.  Myers  hinted  the  organiza- 
tion will  test  the  validity  of  the  code 
in  the  courts.  He  asserted  Allied 
would  continue  to  fight  the  independ- 
ents' battle.  He  said  there  were  three 
choices :  sign,  don't  sign  at  all,  or  sign 
with  the  reservation  to  question  the 
legality  of  the  code  or  the  acts  of  the 
code  authority.  Myers  decried  Gen- 
eral Hugh  S.  Johnson's  interpretation 
of  the  Executive  Order  giving  the  ad- 
ministrator the  right  to  reconsider  the 
decisions  of  the  code  authority  or 
change  its  personnel. 

Allied  expressed  its  objection  to  any 
code  compromise  in  its  latest  bulletin. 
Modification  of  the  Executive  Order 
is  held  to  make  the  lot  of  the  inde- 
pendent "all  the  more  perilous." 

"The  producer-controlled  boards  are 
authorized  to  establish  protection 
schedules  in  all  competitive  areas,"  the 
bulletin  reads.  "Based  on  experience 
and  knowledge  of  human  nature,  it  is 
not  to  be  supposed  that  these  schedules 
will  not  afford  the  maximum  of  pro- 
tion  to  the  affiliated  houses." 

Officers  of  the  Michigan  unit  were 
re-elected  as  were  members  of  the 
board.  Now  directors  named  were 
Sam  Brown,  Detroit ;  G.  R.  Goodrich, 
Grand  Rapids,  and  James  Minter, 
Flint. 


Dubinsky's  Row  to 
Go  to  Labor  Board 

Kansas  City,  Dec.  13. — The  long 
standing  argument  between  the  Du- 
binskys  and  the  operators'  union  is 
to  be  carried  to  the  National  Labor 
Board  as  a  result  of  the  union's  charge 
that  the  theatre  operators  are  violat- 
ing the  code  in  St.  Joseph. 

Dubinsky  demands  a  reduction  of 
manpower  in  booths  in  the  current 
contract  negotiations  for  the  Regent 
and  Liberty.  The  Independent  Thea- 
tre Owners'  Ass'n.  is  backing  Dubin- 
sky because  city  wide  suburban  con- 
tracts expired  Nov.  30  and  have  not 
been   renewed. 


Chadwick  Brings  Print 

I.  E.  Chadwick,  president  of  Chad- 
wick Productions,  Inc.,  is  in  New 
York  from  California.  He  brought  a 
print  of  "Wine,  Women  and  Song," 
the   first  of  his  four  for  this   season. 


Krieger  Back  from  Trip 

Lester  Krieger,  western  division 
buyer  and  booker  for  Warner  theatres 
under  Clayton  Bond,  has  returned 
from  a  trip  to  Milwaukee,  Chicago 
and  Cleveland,  where  he  conferred 
with  district  heads  on  new  picture 
deals. 


Wampas  Will  Continue 

Hollywood,  Dec.  13. — The  Wam- 
pas, after  a  stormy  discussion,  have 
decided  to  continue  and  to  force  de- 
linquent members  to  pay  up  by  Jan. 
15.  Those  failing  to  do  so  will  be 
dropped. 


Says  MOTION      '^ 
PICTURE  DAILY: 


SMOKY  WILL 


UNDOUBTEDLY  PLEASE  ALL 
CLASSES  OF  AUDIENCES... 


ti 


A  classic  of  the  romantic  west 
with  a  balance  of  drahia, comedy, 
and  romance  blending  horse 
interest  with  human  interest^ 
Not  a  'horse  opera'  or  even  what 
the  trade  knows  as  a  western/' 


^lO*''    ^"  *^  -^' 


Victor  JORY 

Irene  BENTLEY 

and 

Will  JAMES 


Directed  by  Eugene  Forde 


Read  by 


a  million 


/o//' 


fif^ 


ffP0"^ 


ifff 


Your  patrons  always  like 

FOX  MOVIETONE  NEWS 


MOTION.  PICTURE 

DAILY 


Thursday.  December   14.   1933 


Repeal  Hits 
Popular  Note 
In  Cincinnati 


(.Continued  from  fapc  1) 

I'"ox  manager,  "that  they  are  natur- 
ally pleased  over  their  success.  This 
loosens  up  money,  and  theatres 
naturally   get   their   share." 

Paul  Krieger,  Universal  manager, 
looks  at  it  from  the  increased  em- 
ployment angle.  "Increased  employ- 
ment and  greater  purchasing  power 
are  a  natural  result  of  repeal,"  he 
says. 

"Entertainment  is  a  logical  after- 
dinner  diversion,"  says  Alan  Moritz. 
Columbia  manager.  "More  people 
are  going  to  dine  out  as  a  result  of 
repeal  and  the  more  they  dine  out  the 
more  they  will  go  to  theatres." 


Round  Table  Awards 
To  Be  Made  Monthly 

A  monthly  and  an  annual  award 
for  the  best  theatre  exploitation  cam- 
paigns will  be  made  during  1934  by 
the  Managers'  Round  Table  Club  of 
hfotion   Picture   Herald. 

A  committee  of  judges  composed 
of  executives  of  different  branches  of 
the  industry  will  award  a  plaque 
monthly  for  the  best  campaign  sub- 
mitted by  a  theatre  manager  any- 
where, whether  a  member  of  the 
Round  Table  or  not :  the  campaign  to 
have  been  used  during  the  preceding 
one  month  period.  The  Martin 
Ouigley  Grand  .\ward  will  be  given 
for  the  exploitation  campaign  selected 
by  the  judges  as  the  best  during  1934. 

New  Costume  Cycle 
Continues  to  Grow 

(Continued   from    paijc    1 ) 

and  Mary,"  just  purchased  by  Carl 
Laemmle,  Jr.,  for  January  production. 
Lowell  Sherman  will  direct  and  may 
also  act. 

United  Artists  is  planning  to  release 
"Catherine  of  Russia,"  an  English 
production,  and  Katharine  Hepburn  is 
scheduled  to  make  a  costume  picture 
when  she  returns  here  in  the  spring. 

Joe  E.  Brown  Re-Signed 

l[oi.r.vwof>n.  Dec.  13. — Joe  E. 
Brown  has  been  given  a  new  five-year 
contract  by  Warners  with  an  in- 
crease in  salary. 

Going  on  Vacation 

George  Brown  of  Columbia  sails 
Dec.  21  on  the  Lafayetfe  for  a  Car- 
ibbean  cruise. 


Looking  ^Em  Over 


**Golden  Harvest" 

(Paraiuount) 

The  recent  farm  strike  in  the  Middle  West  inspired  the  plot  of  "Golden 
Harvest,"  a  simple  film  that  is  quite  effective  at  times,  especially  when 
it  shows  scenes  of  the  wheat  pit  in  the  Chicago  grain  exchange  and  tlie 
sweeping  landscapes  of  the  wheat  country  of  the  nation. 

Richard  Arlen  and  Chester  Morris  are  cast  as  sons  of  a  big  wheat 
farmer.  The  one  is  set  on  carrying  on  the  family  tradition;  the  other, 
loathing  a  future  on  a  farm,  looks  for  higher  things  in  Chicago.  Morris 
becomes  a  leading  trader  in  the  pit  and  eventually  loses  his  shirt  when 
he  insists  upon  sticking  with  Arlen  in  the  latter's  efforts  to  boost  the 
price  of  wheat  through  the  instrument  of  a  farm  strike.  The  film  pro- 
vides a  happy  ending  when  the  father  of  the  wealthy  gal  he  marries 
takes  him  in  as  a  partner. 

Arlen  and  Morris  give  good  account  of  themselves.  Genevieve  Tobin, 
as  the  latter's  bride,  is  efifective.  Another  who  does  capably  is  Burton 
Churchill  as  the  father  of  the  two  men. 

This  is  a  family  picture  that  can  give  offence  to  no  one.  An  additional 
asset  is  a  brand  of  homey  humor  ladled  out  principally  by  Roscoe  Ates. 


"Should  Ladies  Behave?"  which  opens  at  the  Capitol  tomorrow,  ivas  revieived 
by  Motion  Picture  Daily  from  Hollywood  on  Nov.  18  under  its  former 
title,   "The    Vinegar    Tree." 

"The  Right  to  Romance,"  today's  opener  at  the  Music  Hall,  tcYW  covered 
on  Nov.  22. 


No  More  "Ginger" 

Hollywood,  Dec.  1.3.— Radio 
has  decided  there  is  .some- 
thing comic  about  "Ginger," 
so  the  studio  is  about  to  am- 
putate the  spicy  first  half  of 
Miss  Rogers'  name. 

Dramatic  roles  are  being 
lined  up  for  her  and  the  stu- 
dio figures  she  ought  to  have 
a  serious  name  to  go  with  her 
new  screen  personality.  Sug- 
gestions are  being  called  for. 


Randell  New  Head 
Of  N,  Y,  Film  Board 

Henry  Randell  of  Paramount  was 
last  night  elected  president  of  the  New 
York  Film  Board  of  Trade  at  its  an- 
nual election  as  successor  to  Robert 
S.  Wolff  of  Radio.  Leo  Abrams  of 
Universal  was  elected  first  vice-presi- 
dent, succeeding  Randell.  Harry 
Hummel  of  Warner-First  National 
was  chosen  to  succeed  himself  as  sec- 
ond vice-president.  Jack  Bowen  of 
M-G-M  was  re-elected  treasurer,  while 
Harry  Decker  of  Warner-First  Na- 
tional was  continued  as  secretary. 
Edward  Schnitzer  of  Columbia  was  re- 
tained as   sergeant-at-arms. 


» 


LeRoy  Is  to  Direct 
"Anthony  Adverse 

Hollywood,  Dec.  13. — Mervyn  Le- 
Roy's  first  following  his  return  from 
his  honeymoon  trip  to  Europe  will  be 
"Anthony  Adverse,"  to  be  produced 
on  the  scale  of  "Grand  Hotel"  with 
an  all-star  cast.  Warners  are  said 
to  have  made  an  exceptionally  attrac- 
tive offer  to  Hervey  Allen,  the  author, 
to  come  here  to  supervise  the  script. 


LeRoy  gets  into  New  York  today. 


Halper  Expected  Shortly 

Lou  Halper,  manager  of  the  Pa- 
cific Coast  theatres  for  Warners,  is 
expected  in  New  York  next  week  to 
attend  the  wedding  of  Mervyn  LeRoy 
and  Doris  Warner  on  Jan.  2.  Charles 
and  Mrs.  Einfeld  arrive  from  Holly- 
wood today  and  Paul  Muni  is  due  to- 
morrow. 


Arthur  Due  in  L.  A. 

Los  Angei,es,  Dec.  13. — Harry  C. 
Arthur  arrives  here  Friday  from  San 
Francisco  for  conferences  with  Spy- 
ros  and  Charles  Skouras  and  Louis 
Cohen  relative  to  theatre  deals  for 
F.  &  M. 


J.    H.    Goldbere 


Joe  Goldberg  Dead; 
Committed  Suicide 

(Co)itiuticd  from  page   1) 

Goldberg  apparently  had  hired  the 
night  before  he  took  his  life.  A  po- 
lice examina- 
tion was  con- 
ducted on  the 
premises  and  lat- 
er the  body 
was  removed  to 
the  Riverside 
Memorial  Chap- 
el where  serv- 
ices will  be 
held  at  2 :30 
o'clock  this 
afternoon. 

Goldberg,  well 
known  and  well 
liked.  was 
about  40  years 
old.  He  first 
gained  promi- 
nence in  the  East  when  he  became 
general  sales  manager  of  Columbia 
about  four  years  ago.  He  joined  that 
organization  from  Fox  West  Coast 
where  he  was  film  buyer.  Upon  ter- 
mination of  his  Columbia  contract  he 
joined  Walter  Futter  and  later,  with 
Futter  and  Herbert  R.  Ebenstein, 
formed  Resolute  Pictures.  When 
this  venture  failed  to  materialize, 
Goldberg  joined  J.  C.  Bachmann  as 
sales  manager  of  a  series  of  pictures 
which  Bachmann  plans  to  make  for 
state   right   release. 

Jack  Bellman  of  Hollywood  Ex- 
change spent  the  greater  part  of 
Tuesday  afternoon  discussing  titles 
with  Goldberg,  who  was  slated  to 
leave  for  Hollywood  the  end  of  this 
week. 

No  reason  for  the  suicide  was 
known  to  the  police,  but  friends  yes- 
terday recalled  he  had  been  sufferinc 
constantly  from  very  severe  head- 
aches.    He  is  survived  by  his  widow. 


Brand  Leaving  New  York 

Harry    Brand    plans    to    leave    for 
the    coast   today. 


Mae  West  Goes  on  Air 

Hollywood,  Dec.  13. — Mae  West 
made  her  radio  debut  tonight  over 
the  Pacific  Coast  NBC  network  in  be- 
half of  the  Community  Chest  Drive 
which  is  1500,000  short  of  its  quota. 


Film  Outlook 
Held  Good  by 
Finance  Paper 


(Continued  from   page    1) 

estimated  deficiencies  of  10  per  cent 
for  the  third  quarter  and  20  per  cent 
for  the  first  half." 

It  is  also  pointed  out  that  foreign 
exchange  fluctuations  have  increased 
returns  from  that  source. 

"The  new  industry  code  is  not  ex- 
pected to  necessitate  any  drastic  ad- 
justments among  the  major  pro- 
ducers," the  bulletin  goes  on. 

Attention  is  called  to  the  last  Loew's 
statement  and  the  improvement  in  the 
Warner  financial  position ;  to  the  Fox 
reorganization,  and  the  pending  re- 
organizations of  Paramount  and  RKO. 

"Relieved  of  the  atmosphere  of 
panic  and  confusion  which,  until  re- 
cently, overhung  a  financially  dis- 
tracted industry,  major  studios  have 
turned  out  pictures  of  outstanding 
merit  in  recent  months,"  the  bulletin 
continues. 

"Widespread  expansion  of  public 
purchasing  power  likewise  has  played 
an  important  part  in  stimulating  box- 
office  revenues.  Gains  in  attendance 
have  not  matched  the  advance  in  mass 
purchasing  power,  but  this  indicated 
lag  is  viewed  as  entirely  normal  and 
suggests  that  the  industry  has  not  yet 
realized  the  full  potentialities  of  the 
increase  in  consumer  income." 


McCoy  Off  Westerns, 
Plans  Action  Films 

Tim  McCoy  is  off  westerns  for  the 
future  and  will  devote  his  time  to 
making  pictures  with  stories  dealing 
with  secret  service,  airplanes  and  au- 
tomobiles. 

He  says  he  will  continue  to  make 
eight  a  year  for  Columbia  for  the 
next  three  years.  He  will  leave  for 
the    coast    next    week. 


Report  Hoblitzelle 
To  Spend  $250,000 

Dallas,  Dec.  13.— Karl  Hoblit- 
zelle is  considering  plans  for  con- 
struction of  a  $250,000  theatre  in 
Spanish  Village,  Highland  Park 
West,  it  is  learned  on  good  authority. 
Erection  of  other  houses  in  Oak  Cliff, 
South  Dallas  and  possibly  in  Oak 
Lawn   may   follow. 


Charles  Yeager  Resigns 

Denvtcr.  Dec.  13. — Charles  Yeager 
has  resigned  as  district  manager  for 
F.  W.  C.  and  will  devote  his  time  to 
selling  his  "Bank  Night"  idea  to  the- 
atres. 


Roxy  Signs  for  Sale 

After  having  enjoined  the 
RKO  Roxy  from  using  the 
name,  Howard  S.  Cullman, 
receiver  for  the  7th  Ave. 
Roxy,  has  received  an  invita- 
tion to  buy  the  signs  which 
have  been  removed  from  the 
Sixth  Avenue  house.  Cullman 
has  not  decided  yet  whether 
he  wants  the  signs. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to' 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  140 


NEW  YORK,  FRIDAY,  DECEMBER  15,  1933 


TEN   CENTS 


Cooper  Plans 
40  to  52  for 
Radio's  List 


Intends    to   Concentrate 
Upon  ''A"  Product 

A  minimum  of  40  and  a  maximum 
of  52  pictures  will  be  recommended 
for  Radio  production  next  season, 
Marian  C.  Cooper,  executive  produ- 
cer, said  yesterday.  He  declared  the 
company's  aim  would  be  to  produce 
only  "A"  pictures,  with  present  plans 
calling  for  elimination  of  all  "cheap" 
pictures,  or  "quickies,''  from  the  com- 
pany's  schedule. 

In  detailing  his  production  ideas 
Cooper  frankly  credited  David  O. 
Selznick,   whom   he   succeeded   as   ex- 

{Continued    on    fa<ie   4) 


M-G-M  Net  on  Year 
Totals  $1,326,827 

Net  profit  of  $1,326,827  for  the  year 
ending  Aug.  31  is  shown  by  M-G-M  in 
its  consolidated  balance  sheet  made 
public  yesterday. 

This  compares  with  a  profit  of 
$2,965,974  for  the  period  ending  Aug. 
31,  1932,  but  it  was  realized  on  a  total 
income  which  was  approximately 
$5,000,000  less  for  the  period  of  the 
current  report  than  for  the  corre- 
{Continned  on   page  4) 


Federal  Film  Cartel 
Viewed  As  Possibility 


Studios  Train 
Stock  Players 
And  Chorines 


Hollywood,  Dec.  14. — A  survey  of 
the  number  of  players  under  contract 
to  major  studios  in  the  junior  stock 
and  chorus  girl  groups  shows  a  total 
of  43  in  the  former  division  and  72 
in  the  latter.  Salaries  for  the  stock 
players  average  from  $50  to  $300  per 
week  with  options  ranging  over  a 
period  of  four  months  to  six  months. 
Chorines,  which  are  the  pick  of  the 
town,  range  from  $75  to  $125  per 
week  with  options  rarely  extending 
over  a  four-month  period. 

Warners  lead  the  field  for  number 
of  stock  contractees  with  11  stock 
players  and  40  line  girls.  Fox  lists 
eight  stock  players  and  24  chorus 
girls.  Samuel  Goldwyn  has  eight  girls 
under  contract,  which  he  has  selected 
from  the  large  army  of  line  girls  used 
in  the  last  two  Eddie  Cantor  musicals. 
These  were  selected  by  Goldwyn  for 
their  potentialities  of  developing  into 
worthwhile   screen   personalities. 

Roach  has  four  girls  under  contract, 
whom  he  terms  starlets.  They  receive 

(Continued    on    parr    4) 


Johnson  to  Quit? 

The  Daily  News  in  a  dis- 
patch from  Washington  today 
states  NRA  Administrator 
Hugh  S.  Johnson  "is  about  to 
quit"  and  "within  a  week  he 
will  reveal  he  is  about  to 
move  into  a  new  position  cre- 
ated by  President  Roosevelt, 
a  position  which  may  give 
him  the  title  of  Counsel  of 
National    Defense." 


Warners  First  to 
Make  Soviet  Deal 

Warners  have  made  a  deal,  prob- 
ably the  first  among  the  majors,  for 
distribution  of  their  product  in  Rus- 
sia. The  agreement,  signed  by  Sam 
E.  Morris,  vice-president  in  charge  of 
foreign    sales,    with    Amkino's    New 

{Continued   on   page   2) 


Federation  to  Map 
Out  Financing  Plan 

Plans  for  reorganizing  the  member- 
ship and  financial  structure  of  the 
Federation  of  the  M.  P.  Industry 
along    permanent    lines    will    be    dis- 

(Continued  on  page  2) 


Communications   Merger 

May  Be  Followed  by 

Others,  Is  Belief 


Washington,  Dec.  14. — Suggestion 
to  the  President  by  an  inter-depart- 
mental committee  headed  by  Secre- 
tary of  Commerce  Roper  that  wire 
and  radio  communication  companies 
be  merged  into  monopolies  operating 
under  strict  governmental  supervision 
today  was  seen  in  some  quarters  here 
as  presaging  a  movement  by  the  gov- 
ernment for  the  cartelization  of  the 
film  and  all  other  American  indus- 
tries. 

The  report  of  the  committee,  of 
which  Senator  Dill  of  Washington 
and  Representative  Rayburn  of  Tex- 
as, chairmen  respectively  of  the  Sen- 
ate and  House  Commerce  Commit- 
tees, are  members,  following  adoption 

(.Continued   on    pane   4) 


Exchanges  Here  to 
Have  Code  Session 

All  local  exchange  managers,  sales- 
men and  bookers  will  meet  next 
Wednesday  afternoon  to  discuss  vari- 
ous phases  of  the  industry  code.  Rob- 
ert S.  WolfT,  president  of  the  New 
York  Film  Board,  will  preside  at  the 
meeting  and  Louis  Nizer,  secretary, 
will  analyze  the  clauses. 


Hays  Stresses  The  Need  for  Family  Type  Entertainment; 
Morris^  Butter  field  and  Kahane  Express  Faith  in  1934 


By  WILL  H.  HAYS 
President,  M.P.P.D.A. 

The  motion  picture  industry  enters 
the  new  year  prepared  to  take  its 
place  in  the  van 
or  reviving  in- 
dustrial  r  e- 
covery. 

Through  the 
code  approved 
by  the  President 
of  the  United 
States,  the  in- 
dustry has  con- 
tributed its  por- 
tion to  in- 
creased wage 
rolls,  to  the 
creation  of  ad- 
ditional employ- 
ment by  the  reduction  of  working 
hours,  to  broader  industrial  co-opera- 

(Continued   on  pane  4) 


By  SAM  E.  MORRIS 
Gen'l  M'g'r,  Foreign  Dep't,  Warners 

There  is  no  question  about  the  pop- 
ularity of  American  pictures  in  almost 
every  country 
in  the  world, 
and  this  popu- 
larity may  be 
said  to  be  in- 
creasing as  we 
continue  to 
make  better 
product  and 
m  ore  aggres- 
sively exploit 
our  films  ill  for- 
eign countries. 

We  have  been 
forced   to   over- 
come many  and 
serious      handi- 
caps during  the  past  year,  and  do  not 

(Continued   on   paiir   4) 


By  W.  S.  BUTTERFIELD 
President,  Butterfield  Theatres 

Miami,  Dec.  14. — I  am  willing  to 
make  the  statement  that  the  outlook 
is  better  for 
1934.  Producers 
and  the  distrib- 
utors (which  are 
now  all  one)  be- 
gin to  realize 
tliat  the  exhibi- 
tor knows  a  lit- 
tle bit  about 
wliat  kind  of 
pictures  the  pub- 
lic wants  and  it 
begins  to  look 
like  the  three 
interests  have 
begun  to  pay  a 
little  attention  to 
each  other.  All  business  of  any  kind,  as 
(Continued  on   patic  4) 


By  B.  B.  KAHANE 
President,  Radio  Pictures 

Hollywood,  Dec.  14. — Cautious  op- 
timism seems  to  me  a  good  gauge 
with  which  to 
measure  any 
prediction  of 
Iiusiness  pros- 
pects for  the 
motion  picture 
industry  during 
l')34,  as  it  will 
iic  operative  un- 
<Ut  the  NRA 
>Mde. 

Paraphrasing 
Patrick  Henry, 
I  say,  if  this  be 
a  code,  let  us 
make  the  most 
of  it!  There 
have    been    numerous    objections'   and 

(Continued  on   pane  4) 


MOTION  PICTURE 

DAILY 


Friday,   December    15,    1933 


MOTION  PICTURE 

DAILY 

(Registered  U.  S.  Patent  Office) 


wi.  .;4 


l*ecenilier    15.    1' 


No.    140 


Martin  Quigley 
Editor-in-Chief  and  Publisher 


MAURICE    KANN 

Editor 
JAMES  A.   CRON 
AdvertistHO   Manauer 


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  1933  by  Motion  Picture 
Uaily,  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. 

Holly  wod  Bureau:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro,  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edunn  S.  Clifford, 
manager;  London  Bureau:  1021  A  Kinchley 
Road,  Golders  Green,  Bernard  Charman. 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Katserin-Augustastrasse  28,  Joachim 
K.  Rutenberg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorw  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Halt,  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  C.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Monogram  Plans  Two 
More  Offices  Abroad 

Monogram  plans  to  open  offices  in 
\'ienna  and  Berlin,  Norton  Ritchey, 
handling  foreign  activities  for  the 
company,  stated  as  he  sailed  for  Lon- 
don, where  he  will  meet  .Arthur  Levy, 
representative  in  England,  and  then 
go  to  Paris  to  confer  with  Frank 
IJates,    in    charge    there. 

From  Paris  he  will  head  for  Vi- 
enna, then  Berlin  and  probably  visit 
Prague.  Ritchey  will  be  gone  about 
two  months.  He  is  taking  with  him 
prints  on  "He  Couldn't  Take  It"  and 
"16  Fathoms  Deep." 


C.  H.  Burkey  Celebrates 

Kansas  City.  Dec  14.— The  local 
trade  is  felicitating  Charles  H.  Bur- 
key,  who  is  celebrating  his  25tli  an- 
niversary as  owner  and  manager  of 
the  suburban  .Summit.  This^  is  be- 
lieved a  record  in  this  territory.  Bur- 
key  built  the  hmise  and  opened  it  Dec. 
12,   1913. 


Fox  Holds  Miss  Harvey 

Hf)LLYWfx>i>.  Dec.  14. — Lilian  Har- 
vey has  had  her  option  extended  for 
another  year  by  Fox.  Miss  Harvey's 
first  under  the  extended  contract  will 
be  "I-ottery  Lover,"  with  Paul  Mar- 
tin directing.  This  will  be  their  first 
picture  together  in  this  country. 


Try  Von  Herberg  Kidnap 

PokTLA.Ni),  Dec.  14. — John  V(;n  Her- 
berg, 18-year-old  son  of  the  theatre 
operator,  figured  in  a  kidnaping  plot 
intended  to  extort  $50,000  in  ransom. 
The  plot  was  frustrated  by  U.  S.  De- 
partment of  Justice  officials. 


Looking  ^Em  Over 


''Jimmy  and  Sally* 


(/;<u-) 

James  Dunn  tans,  in  all  probability,  will  like  liini  as  the  cocky  jiub- 
licity  director  of  a  meat-packin,sj'  concern  who  manages  to  hold  on  to 
his  job  because  of  the  ideas  fed  him  by  his  secretary  and  sweetheart, 
Claire  'i'revor.  He  ultimately  loses  it,  leaves  town  and  resolves  to  start 
all  over  again.  When  lie  returns,  Dunn  finds  Miss  Trevor  engaged  to 
Harve}-  Stephens,  general  manager  of  the  company.  Dunn  is  offered  a 
job  under  her,  refuses  it,  hni  when  Miss  Trevor  tells  him  she  really 
loves  him  and  now  is  the  time  to  start  a  clean  slate,  he  takes  it  as  she 
decides  to  give  up  Stepliens'  ring  for  Dunn's. 

Previewed  ;it  the  7th  .Ave.  Roxy  last  night,  tlie  audience  seemed 
pleased.  Dunn  is  up  to  his  old  tricks  again  and  Miss  Tre\or  lends  com- 
petent  support. ^ 


Warners  First  to 
Make  Soviet  Deal 

(Continued   from   pane    1) 

York  office,  provides  that  pictures 
selected  by  Amkino  here  will  be 
shipped  to  Moscow.  If  they  are  ap- 
proved by  Soviet  officials  they  will 
be  distributed  in  that  country. 

"Cabin  in  the  Cotton"  is  the  first 
picture   to   be   shipped. 

Deals  with  other  companies  are 
pending,  it  was  stated  at  the  Amkino 
offices  yesterday. 


Joe  Goldberg  Cremated 

Funeral  services  for  Joe  Goldberg, 
who  died  early  Wednesday  morning, 
were  held  at  the  Riverside  Memorial 
Chapel  yesterday  afternoon  and  were 
attended  by  many  well  known  film 
men.  A  delegation  of  Masons  repre- 
senting Truth  Lodge,  Los  Angeles, 
of  which  Goldberg  was  a  member, 
participated,  among  them  Jack  Cohn, 
Lou  Weinberg,  Eugene  Picker,  Abe 
Montague,  Edward  Schnitzer  and 
Morris    Kutinsky. 

The  remains  were  cremated  at  the 
hVesh    Pond   Cemetery   in   Queens. 


A.  F.  Baker's  Wife  Dies 

Kansas  City,  Dec.  14. — Passing 
away  after  a  lingering  illness,  Mrs. 
Charlotte  Baker  is  survived  by  her 
husband,  A.  F.  Baker,  manager  of 
Grubel  Theatres  and  president  of  the 
KansasMissouri  Theatre  .Ass'n.  and  a 
son,  George  S.  Baker,  manager  of 
the  Newman  here.  Burial  was  in 
Kansas  City,  Kan. 


Federation  to  Map 
Out  Financing  Plan 

iCoiituiiicd    troi'i    /i(T(/(.'    1  ) 

cussed  at  a  general  meeting  of  the  in- 
dependent producers'  and  distributors' 
organization  at  a  date  to  be  set  in  the 
near  future,  it  was  learned  yesterday. 
The  organization  heretofore  has  de- 
pended on  members'  contributions  for 
its  financing,  but  under  plans  to  be 
submitted  at  the  general  meeting  a 
permanent  financing  arrangement  will 
be  created.  This  may  involve  an  as- 
sessment on  members  in  proportion 
to  the  amount  of  their  monthly  or 
annual  business,  although  other  plans 
are  expected  to  be  advanced.  A  mem- 
bership drive  to  obtain  full  represen- 
tation of  independent  producer-dis- 
tributor ranks  for  the  Federation  will 
be  mapped. 


Ampa  Plans  Big  Party 

The  A.M.P.A.  next  Thursday  will 
hold  a  gala  luncheon  at  the  Astor 
with  the  entire  industry  invited  to 
attend.  Yesterday's  session  found 
John  Flinn,  president,  back  on  the 
job  after  a  coast  trip  and  he  reported 
cooperation  of  the  Wampas  on  activi- 
ties of  the  New  York  association. 
Guests  included  Harry  Hershfield, 
Chester  Erskine,  Harry  Goetz,  Ham 
Fisher  and   Ferde  Grofe. 


Design  New  Arc  Lamp 

ToLKDO.  Dec.  14. — A  new  projec- 
tion arc  lamp,  designed  to  provide  in- 
creased light  and  lower  oi)erating  cost, 
has  been  introduced  by  the  Strong 
Electric   Corp.,   of  this   city. 


Trading  Light  on  Big  Board 


^High 

Con.solidatec]    I'ilm   Industries,   pfd lo 

Eastman   Kodak    fiji^ 

Locw's.    Inc ,^2"/« 

Loew's,    Inc.,    pfd 7i 

Paramount    Publix    2% 

I'athe    Exchange    Ij^ 

Pathe    Exchange    "A" 12^ 

Universal     Pictures,     pfd \S'A 

Warner    Bros fi;4 


Low 

9K 

32 

72/, 
2 

WA 
155/^ 


Net 
Close      Change 


82M 

nV2 
2 

Wi 
U'A 
155^ 

ft 


-hi 
-I-  ■/. 
-t-  'A 
-(-  'A 


+  'A 


Sales 

,100 
1.100 
2.100 

100 
6.000 
1.000 

700 
5.000 
2.900 


Tecfinicolor  Up  Y^  on  Curb 


High      Low 

(Jcneral   Theatre    Equipment,    pfd '4  14 

Technicolor    934  91/ 


Net 

Close      Chani^e  Sales 

%         500 

9Vi         +  !4  -100 


Paramount  Publix  Bonds  Jump  One  Point 


High  Low 

General   Theatre   Equipment   6s   '40 !'/,  3]/^ 

Keith    B.    F.   6s    '46 50  49 

Loew's    6s    '41,    ww    deb    rights 82!4  82 

Paramount    Broadway   5l4s   '51 ,30  30 

Paramount    F.    L.    6s    '47 29  28 

Paramount    Publix    5^s    'SO 29  29 

Warner   Bros.   6s   '39.   wd Ai'A  41 


Net 
Close      Change 


3'A 
50 
82 
30 
29 
29 
41 


-I-  'A 
+2'A 


—1 

-l-I 
-1-1 


Sales 

5 
8 
5 
1 

5 


i  Purely 
Personal  ► 

RUTGERS  NEILSON  sent  out  a 
publicity  yarn  referring  to 
"Sch.xozzle"  Durante  as  "James 
Durante"  and  was  besieged  with  in- 
quiries from  motion  picture  editors 
anxious  to  learn  if  the  Schnozzle  had 
"gone  high-hat." 

Arline  de  Haas,  critic  and  pub- 
licity writer,  has  been  married  to 
John  Schofield  Williams  2nd,  a 
Philadelphia    lawyer. 

Dave  Palfreyman  is  still  nursing 
a  cold  of  Washington  code  hearing 
origin. 

Bert  Sanford,  Eastern  sales  mana- 
ger for  Erpi,  has  left  on  a  sales  trip 
to    Boston. 

George  Trendle,  Publix  operator 
in  Detroit,  has  returned  to  his  native 
heath. 

Gary  Cooper  expects  to  leave  for 
the  coast  in  a  week  to  start  work  on 
"Operator  13"   with   Marion   Davies. 

Charles  L.  Glett  making  plans  for 
a  coast  trip  immediately  after  New 
Year's. 

Major  Frederick  Herron  of  the 
Hays  office  was  in  Washington  yes- 
terday. 

Raquel  and  Renee  Torres  checked 
out  of  the  Ritz  Tower  yesterday  and 
left   for  the   coast. 

M.\RiA  Gamearelli  will  appear  at 
the  Music  Hall  for  a  week  begin- 
ning  next   Thursday. 

Norton  Richey  of  Monogram  sails 
for  Europe  today  on  the  Washington 
on   business. 

Al  Lichtman  is  being  bothered 
with  a  cold  these  days. 

Frank  Lloyd,  director,  is  back 
from  a  trip  abroad. 

Pandro  Berman  is  losing  weight 
on   his   vacation. 

Cecil  B.  DeMille  arrives  from 
Washington  today. 

Frank  Herling  is  in  town  from 
the   coast   and    is   at   the   Warwick. 


Sherman  Doing  Dialogue 

Al  Sherman,  film  critic  for  the 
Mornini/  Tclct/raf'h,  is  writing  the 
dialogue  for  15  Harold  Lloyd  shorts 
being  reissued  in  sound  by  Embassy 
Pictures.  "His  Royal  Slyness,"  the 
first,  has  just  been  completed. 


Call  Off  Cleveland  Show 

Cleveland,  Dec.  14. — The  local 
film  relief  fund  .screening,  planned 
for  Dec.  19,  has  been  called  off.  Some 
other  means  of  raising  funds  is  now 
being  devised  by  the  committee. 


ASC,  Studios  Near  Pact 

Hollywood,  Dec.  14. — A  working 
agreement  is  near  actuality  between 
the  A.S.C.  and  major  studios.  The 
I..'\.T..S.F,,  threatens  to  fight  the  move. 


^-mi*^ 


-^-.-pe 


.-y 


EARLY  ENCORE  for  ten -comic  cast 
of  'Convention  City'°  is  planned  by 
Warner  Bros,  as  'Rival  Wives,'  follow- 
up  yarn  by  the  same  author,  is  set 
for  immediate  production. 


<e35r~ 


'STAND-UP  OPENING' 

for  Cagney's  'Lady 
Killer'  at  Roger  Sher- 
man, New  Haven,  re- 
ported in  Variety  listing 
of  week '  s  gross  leaders.  * 


STRIKING  SCENE  from 

'Easy  to  Love,'  coming 
comedy  sensation  from 
Warners  with  Adolphe 
Menjou,  Genevieve 
Tobin,  Edw.  Everett 
Horton  and  Mary  Astor. 


UNIQUE  'WONDER  BAR' 
ROLES  given  Dolores  Del  Rio 
and  Ricardo  Cortez,  as  glam- 
orous dance  team  in  Warners' 
coming  musical  novelty. 


N      X- 


KAY   FRANCIS   CONTINUES 

record  pre-release  run  at  N.  Y. 
Hollywood  in  third  holdover 
week  of  'House  on  56th  Street.  "• 


■^•C' 


■"19%, 


/ 


MEGGERS'  REWARD.  Direction  of 
'Fashions  of  1934'*  by  William  Dieterle 
and  'Massacre'"  by  Alan  Crosland  wins 
new  long-term  Warner  contracts  for  both. 


'A  Warner  Bros   Picture     °A  Fint  National  Picture      Vitagroph,  Inc.,  Diilnbulon 


MOTION  PICTURE 

DAILY 


Friday,  December    15,    1933 


Federal  Film 
Cartel  Viewed 
As  Possibility 


(Coiifii'iied  from  page  1) 
by  the  Administration  of  a  program 
for  the  co-ordination  of  the  railroads 
and  statements  of  high  t)rticials  of  the 
Recovery  Administration  that  event- 
ually control  of  production  must  be 
undertaken,  is  considered  an  indica- 
tion that  the  government  is  commit- 
ting itself  to  a  general  policy  of  Fed- 
eral-controlled business. 

If  the  effort  toward  cartelization 
is  taken,  it  is  pointed  out,  the  ground- 
work has  already  been  laid  through 
the  codes  which  make  all  units  in  an 
industry  operate  practically  along  the 
same  lines,  with  a  second  step  toward 
this  end  seen  in  the  reported  determi- 
nation of  the  Recovery  Administra- 
tion next  year  to  combine  all  branches 
of  each  industry  under  a  "master" 
code. 

The  film  industry  is  one  of  the  very 
few,  some  say  the  only,  in  which 
all  branches  are  covered  in  a  single 
agreement. 

.Administrator  Hugh  S.  Johnson  to- 
day gave  strict  orders  to  government 
representatives  on  code  authorities  to 
make  it  their  business  to  see  that  no 
code  oppresses  the  small  fellow  in 
business.  One  of  the  tasks  relegated 
to  the  government  representatives  was 
described  in  the  following  words : 

"Constantly  scrutinize  the  operation 
of  the  code  and  .see  that  it  does  not 
permit  or  promote  monopolies,  nor 
tend  to  eliminate  or  oppress  small 
business." 


Hays  for  Family  Type  Film; 
Others  Look  Forward  to  ^34 


M-G-M  Net  on  Year 
Totals  $1,326,827 

(Continued   from   page    1) 

Spending  period  a  year  earlier.  Total 
income  this  year  was  $26,144,776,  as 
compared  with  $31,099,529  the  year 
preceding.  In  1931,  net  profit  of 
$6,257,998  was  reported,  and  total  in- 
come was  $34,799,957. 

Current  and  working  cash,  this 
year,  increased  to  $1,981,437,  as  com- 
pared with  $1,250,031  the  preceding 
year.  Inventories  were  reduced  ap- 
proximately $400,000  for  a  total  of 
$22,167,271  at  the  end  of  the  year. 
Investments  aggregated  $2,416,783  and 
property,  $10,676,385  this  year,  repre- 
senting no  important  change  in  either 
item  from  the  year  preceding.  Total 
assets  are  $40,617,960,  as  compared 
with  $41,817,917  a  year  ago. 

The  companv's  obligations  to 
Loew's,  Inc.,  we're  reduced  $2,888,000 
to  $19,222,000.  .Surplus  was  increased 
from  $7,470,151  a  year  ago,  to  $8,500,- 
289  this  year. 

M-G-M's  contingent  liability  as 
guarantor  of  an  issue  of  $15,000,000 
debentures  of  Loew's,  Inc.,  was  re- 
duced approximately  $1,000,000  to 
$8,965,000  during  the  year.  Net  cur- 
rent assets  of  the  company's  foreign 
subsidiaries  totaled  $1,409,517  at  the 
end  of  the  year,  representing  a  reduc- 
tion of  approximately  8250,000  from 
the  year  preceding.  The  current  for- 
eign assets  included  $515,145  cash  in 
hanks  subject  to  export  restrictions. 


O'Reilly  in  Washington 

Washinoton,  Dec.  14. — Charles  L. 
O'Reilly  arrived  here  today  for 
conferences  with  Deputy  Rosenblatt. 


By  WILL  H.  HAYS 

(Continued   from    />»,»<'    1) 

tion  and  to  greater  public  service  by 
applying  generally  the  best  industrial 
and  trade  standards  developed  in  the 
industry  during  the  past  ten  years 
of  unremitting  effort. 

It  emerges  out  of  the  old  year  ar- 
tistically greater  and  socially  more 
significant  than  ever  before,  ready  to 
continue  the  progress  of  self-regu- 
lation without  which  public  interest, 
artistic  integrity  or  industrial  inita- 
tive  could  not  be  protected. 

The  industry  has  furnished  a  re- 
markable demonstration  that  the  ten- 
sion of  hard  times,  the  needs  im- 
posed by  economy,  nor  the  an.xiety  of 
reconstruction,  have  been  able  to 
check  the  rise  of  the  motion  picture 
screen  as  a  universal  entertainment 
medium.  It  has  met  the  challenge 
of  depression  by  better  entertain- 
ment films  and  by  higher  artistic 
standards.  What  is  more,  recent 
events  have  proved  that  there  is 
ample  artistry  to  meet  the  highest 
social  demands  in  the  production  of 
successful  and  profitable  entertain- 
ment. The  standards  of  public  ap- 
preciation of  pictures  of  the  better 
kind,  both  from  the  social  as  well 
as  the  artistic  standpoint,  are  con- 
stantly   rising. 

But  all  this  is  not  said  to  encour- 
age any  feeling  of  smug  self-com- 
placency. There  are  still  great  tasks 
ahead  of  the  industry.  The  lesson 
still  remains  to  be  emphasized  that 
a  universal  entertainiiient  medium 
must  be  founded  largely  on  the  needs 
of  family  entertainment.  We  still 
face  many  problems  of  industrial  and 
financial  readjustment  in  the  up- 
building of  a  permanent  industry.  We 
have  still  to  determine  how  we  may 
best  adjust  our  entertainment  serv- 
ice to  the  coming  era  of  greater 
leisure.  There  is  still  the  continuing 
task  before  us  of  protecting  the  art 
and  the  industry  from  the  attacks 
upon  initiative  and  enterprise  inher- 
ent in  political  censorship  and  other 
destructive    exactions. 

But  no  problem  that  we  do  face 
is  an  insuperable  problem  in  the 
light  of  the  progress  that  has  been 
made,  the  industrial  and  trade  stan- 
dards set  up,  and  the  machinery  es- 
tablished to  aid  us  in  fully  discharg- 
ing our  public  responsibility  in  the 
production  and  exploitation  of  motion 
picture   entertainment. 


By  SAM  E.  MORRIS 

(Continued   from   paiir    1) 

anticipate  that  our  troubles  are  over 
in  this  respect. 

Our  foreign  distril)utii>n  units  are 
being  set  up  to  take  the  utmost  ad- 
vantage of  the  possibilities  in  each 
and  every  country  on  the  globe,  and 
with  many  new  units  put  into  opera- 
tion during  the  past  year  together 
with  additional  ones  which  will  l)e 
started  in  tlie  future.  I  am  extremely 
optimistic  that  our  business  for  1934 
will  exceed  by  far  anything  attained 
in  past  years. 

We  arc  making  every  effort  to  in- 
duce exhibitors  to  copy  American 
methods  of  advertising,  exploitation 
and  publicity,  and  have  been  very  suc- 
cessful in  this,  to  the  profit  of  both 
the  exhibitor  and  ourselves.  On  re- 
cent trips  to  I'.nropo.  I  was  amazed  to 


obser\e  the  great  strides  being  made 
by  the  theatres  in  the  capital  cities  in 
putting  on  campaigns  which  were  in 
every  way  equal  to  our  best  on  Broad- 
way. This  lesson  from  tlie  leaf  of 
American  showmanship  will  undoubt- 
edly reach  out  to  the  smaller  cities  and 
mean  increased  attendance  at  theatres 
during  1934. 

With  a  continuation  of  the  same  out- 
standing product  we  have  had  in  the 
past,  and  barring  any  unforeseen  and 
drastic  restrictions  whicii  may  be 
placed  upon  the  industry  by  foreign 
national  governments,  I  see  no  reason 
whv  we  should  not  have  a  banner  year 
in  1934. 

By  W.   S.  BUTTERFIELD 

(Continued   from    paiic    1  ) 

it  grows  and  expands,  always  tries  to 
keep  itself  clean  and  sell  the  best,  and 
good  pictures  that  will  please  all  kinds 
of  their  patrons,  and  the  time  is  now 
arriving  when  the  public  will  insist 
not  only  on  l)etter  actors  in  the  cast, 
but  better  stories,  and  plays  played 
and  produced  in  better  theatres.  .\s 
soon  as  the  producer,  distributor  and 
exhibitor  realize  the  time  is  gone  for 
the  little  hole-in-tlie-wall  theatre 
which  insists  on  playing  the  finest  pic- 
tures made  at  10  cents  about  30  days 
after  it  has  started  to  run  at  the  de 
luxe  theatres  the  results  will  be  bet- 
ter for  all  three  of  them.  There  is 
nothing  illegal  or  against  the  NRA  in 
refusing  to  sell  pictures  to  exhibitors 
who  will  not  take  them  on  the  con- 
ditions  laid  down  by   the  producer. 

There  are  too  many  theatres  now 
in  the  country  and  the  sooner  the 
producer,  distributor  and  exhibitor  get 
together,  to  work  out  legal  plans  to 
discontinue  the  hole-in-the-wall  the 
quicker  our  business  will  improve. 
There  are  plenty  of  first-class,  well- 
ventilated  and  seated,  properly  con- 
structed motion  picture  theatres  that 
will  sell  tiiird  or  fourth-rate  pictures 
and  glad  to  get  them  at  10,  15  or  20 
cents  for  the  poorer  class  of  i>eople 
who  can  only  afford  these  prices. 

The  outlook  for  1934  is  very  good 
and  will  be  better  when  the  producer 
makes  less  number  of  pictures,  uses 
better  actors  and  stories.  Mere's  three 
cheers  for  1934  and  may  the  outlook 
live  up  to  the  expectations. 

By  B.  B.  KAHANE 

(Continued  from   pane    1) 

criticisms  of  the  NRA  code  for  the 
industry.  But  it  is  not  right  for  us 
to  prejudge  how  it  will  work.  We 
should  conscientiously  lend  our  efforts 
toward  the  carrying  out  of  the  provi- 
sions of  the  code  and  hope  for  the 
best. 

Business  has  been  "spotty,"  and  will 
perhaps  continue  to  be  so  during  at 
least  a  part  of  the  coming  year.  But 
that  only  increases  our  responsibility 
and  our  determination  to  make  the 
finest  pictures  ever  produced  in  Holly- 
wood and  with  that  spirit  this  in- 
dustry can't  lose. 

It  is  my  opinion  that  the  trend  in 
1934  will  be  for  cleaner  and  more 
wholesome  themes  in  pictures.  .Sex 
and  gangsterism  will  wane  and  be 
replaced,  to  a  marked  extent,  by 
stories  of  human  interest,  pathos,  good 
clean  fun  and  humor  and  higher  emo- 
tional influences  in  screen  entertain- 
ment. 


Cooper  Plans 
40  to  52  for 
Radio's  List 


(Continued  from  pacie  1) 
ecutive  producer  for  Radio,  with  be- 
ing the  inspiration  for  his  ambition 
to  schedule  only  "A"  pictures  for 
production ;  also  adding  that  it  was 
a  policy  tried  and  proved  by  M-G-M, 
which  he  referred  to  as  the  "most  suc- 
cessful  company   in  the  business." 

Cooper  said  that  percentage  deals 
with  producers,  actors,  writers  and 
directors  were  on  the  increase  at  the 
Radio  studio.  "It's  in  line  with  my 
policy,"  he  explained.  "I  believe  bet- 
ter results  are  obtained  when  those 
important  to  production  of  a  picture 
are  working  on  a  basis  on  which  they 
can   share  in   its  profits." 

Asked  whether  Katharine  Hep- 
burn's new  contract  called  for  12  per 
cent  of  the  gross  of  her  future  pic- 
tures, as  reported,  Cooper  said  he 
had  not  seen  the  new  Hepburn  con- 
tract and  was  not  familiar  with  its 
terms.  Asked  about  a  renewal  of 
his  own  contract,  which  expires  in 
February,  the  Radio  producer  said  it 
had  not  been  discussed  yet ;  adding 
that  he  "would  like  to  stay  with 
Radio   if  they   want   me." 

Cooper  said  his  present  plans  con- 
template only  executive  direction  over 
production  activities.  "I  am  not  to 
supervise  any  pictures,"  he  said.  Radio 
is  negotiating  for  three  new  stars. 
Cooper  revealed,  but  declined  to  iden- 
tify them.  He  predicted  that  Fran- 
cis Lederer  and  Fred  Astaire  would 
be  starred  next  year,  and  described 
the  latter  as  "another  Chevalier."  He 
said  he  did  not  believe  that  produc- 
tion  of   "sex"    pictures   paid. 

Pandro  Berman,  Radio  producer, 
enjoying  what  he  said  was  his  first 
vacation  in  four  years,  sat  at  Coop- 
er's side  during  the  interview  and  lis- 
tened attentively  to  the  executive 
producer's    comments. 


Studios  Train  Stock 
Players,  Chorines 

(.Continued  from  page   1) 

from  $40  to  $50  per  week  and  are 
compelled  to  spend  their  time  on  the 
sets  when  not  actually  working  to 
acquire  a  more  general  knowledge  of 
acting.  Gus  Meins  is  their  chief 
coach,  but  the  entire  staff  of  direc- 
tors contribute  to  their  training. 

M-G-M  has  a  total  of  12  junior 
players  under  the  guidance  of  Oliver 
Hinsdell,  who  constantly  tutors  them 
in  technique  of  screen  acting  when 
they  are  not  actually  engaged  in  a  pic- 
ture. Universal  reports  eight  players 
working  on  a  similar  basis. 

Less  than  a  year  ago  studios  deemed 
it  impractical  to  maintain  junior  stock 
companies,  but  since  that  time  there 
has  been  a  gradual  demand  for 
the  development  of  new  screen  person- 
alities. 


Film  Folk  on  Way  East 

Hollywood,  Dec.  14. — Larry  Dar- 
mour  is  flying  east  in  connection  with 
a  deal  with  Arthur  Lee  of  Gaumont- 
British.  Also  eastbound  are  E.  H. 
Griffith  and  Edward  Faragoh.  Rob- 
ert -Sisk  is  due  in  New  York  Dec.  18. 


The  Leading 

Daily 

Newspaper 

bt  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
ServlOje  id' 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  141 


NEW  YORK,  SATURDAY,  DECEMBER  16,  1933 


TEN  CENTS 


Detroit  Shows 
Pick-Up;  Less 
Gloom  About 


1933  Ahead  of  1932,  But 
Gain  Is  Fractional 


This  is  the  sixth  article  in 
a  series  on  key  cities  of  the 
Middle  West. 


By  RED  KANN 

Detroit.  —  Smiles  come  easier 
around  Motor  City  these  days.  For 
business,  still  far  removed  from  the 
blessings  that  once  were  and  may 
never  be  again,  is  better.  That's  defi- 
nite and  conceded  by  all  hands  even 
if  scribbling  pencils  in  those  hands 
can't  agree  on  how  much  better. 

Is  it  the  NRA?  Detroit  film  men 
who  watch  business  index  figures  and 
Chamber  of  Commerce  barometers 
don't  think  so.  Is  it  automobile  manu- 
facture? That  comes  closer  to  it.  But 
equally  as  important  a  consideration  is 
the  emphatically  better  tone,  the 
cheerier  note  that  prevails,  despite  the 
headaches  and  heartaches  that  con- 
tinue. 

As  this  Middle  Western  junket  gets 
older  and  as  more  territory  is  em- 
braced, it  becomes  increasingly  appar- 
ent, although  anything  but  new,  how 
inescapably  linked  with  whatever  big 
grosses  are  available  are  superior  pic- 
tures. Here,  as  in  Milwaukee,  Chi- 
cago and  Indianapolis,  the  attraction 
that  stands  away  from  the  rest  of  the 
(Continued  on  page  6) 


RKO  Foreign 
Sales  Put  in 
3  Divisions 


Hawkinson,  Lion,   Ethel 
Smith  Get  Posts 


Reorganization  of  the  foreign  sales 
department  of  RKO  Radio  has  been 
made  by  Ned  E.  Depinet,  vice-presi- 
dent in  charge  of  distribution.  This 
includes  the  appointment  of  three  divi- 
sion managers,  paralleling  the  do- 
mestic setup,  and  a  special  Far  East- 
ern field  representative,  all  under  the 
supervision   of   Phil   Reisman. 

The  new  division  managers  and 
their  territories  are:  Robert  K. 
Hawkinson,  Cuba,  Puerto  Rico,  Santo 
Domingo,  Mexico,  Panama,  Jamaica, 
Honduras,  Guatemala,  Salvador,  Costa 
Rica,  Nicaragua,  Venezuela,  Colombia, 

(Continued  on  page  8) 


Majestic-Preferred 
Merger  Seen  in  Air 

Hollywood,  Dec.  15. — Reorganiza- 
tion plans  of  Majestic  and  Preferred 
Pictures  are  understood  to  include 
the  possibility  of  a  merger  of  the 
two. 

J.  G.  Bachmann,  president  of  Pre- 
ferred, and  William  D.  Shapiro,  vice- 
president,  are  on  their  way  east  on 
the  same  train  with  Herman  Gluck- 
man,  president  of  Majestic.  The 
move  is  said  to  be  under  considera- 
(Continued  on  page  2) 


More  on  the  Code 

The  Marx  Brothers  have  a 
code  of  their  own  when  it 
comes  to  cablegrams  and  dol- 
lars and  cents. 

Chico  and  Groucho  were 
much  concerned  over  Harpo's 
Russian  trip  in  view  of  his 
flight  from  Paris  to  Russia. 
They  were  put  at  ease  with 
a  one-word  cable. 

The  word  was  "nuts." 


Reports  Johnson 
Will  Quit  Denied 

Washington,  Dec.  15.— Reports 
that  the  retirement  of  General  Hugh 
S.  Johnson  as  head  of  the  NRA  was 
imminent  today  were  denied  by  both 
the  White  House  and  the  administra- 
tor, it  being  said  by  the  President 
that  Johnson  still  has  a  great  deal 
of  work  to  do  in  his  present  position. 
It  had  been  reported  he  would  take 
over  the  direction  of  the  Emergency 
Council. 

The  impression  prevails,  neverthe- 
less, that  Johnson  is  nearing  the  end 

(Continued  on   pane   7) 


Steel  Firm  Putting 
NRA  to  Acid  Test 

Washington,  Dec.  15. — The  first 
real  test  of  the  NRA  appears  immi- 
nent as  a  result  of  the  refusal  of  the 
Weirton  Steel  Co.  to  adhere  to  Re- 
covery Administration  requirements 
for  employes'  elections  of  representa- 
tives.    The  election  was  held  today  in 

(Continue'd  on   page  7) 


Loew's  Stock 
Sale  Held  up 
By  U.  S.  Court 

Government     Moves     to 
Get  Anti-Trust  Angles 


Sale  of  the  Loew  stock  held  by  the 
Chemical  Bank  and  Trust  Co.  as 
trustee  under  a  $20,000,000  loan 
floated  by  the  Film  Securities  Corp. 
was  ordered  held  up  yesterday  by 
Judge  John  Knox  in  U.  S.  District 
Court. 

This  action  was  taken  on  a  petition 
of  John  Harlan  Amen,  special  as- 
sistant to  the  attorney  general.  The 
court  ordered  that  Thomas  Nelson 
Perkins  and  John  R.  Hazel,  trustees, 
be  directed  to  ascertain  and  report  to 
the  court  the  names  of  prospective 
purchasers  of  any  or  all  of  the  stock 
so  the  court  can  determine  whether 
(Continued  on  page  7) 


Loeiv  Viewed  as  Set 
On  Australia  Moves 

Departure  for  Australia  today  of 
Harry  Moskowitz,  head  of  the  en- 
gineering department  of  the  Loew 
circuit,  indicates  the  company  is  pre- 
pared to  go  ahead  with  its  invasion 
of  the  theatre  field  in  the  Antipodes. 

Moskowitz  leaves  on  short  notice 
and  as  a  result  of  a  hurried  cable 
from  Arthur  M.  Loew.  Sydney  and 
Perth  will  be  the  first  cities  to  see 
construction. 


Sees  Code  Helping,  But  Danger  in  Any  Quality  Let-Down; 
Foreign  Sales  Managers  Certain  1934  Will  he  Qood  Year 


By  CHARLES  C.  PETTIJOHN 
General  Attorney,  M.  P.  P.  D.  A. 

The  new  i^ear  finds  the  industry 
shaking  hands  with  the  new  deal.  For 
the  first  time 
all  branches  of 
the  business  are 
brought  under 
a  single  code  of 
industrial  and 
trade  relations 
that  establishes 
the  best  stand- 
ards which  ex- 
jjerience  and  in- 
dustrial justice 
have  been  able 
to  develop.  So 
much  for  that. 

But    no    code 
can       substitute 
for  the  need  of  imagination,  initiative 
(Continued  on  page  2) 


By  J.  H.  SEIDELMAN 
Foreign   Sales   Manager,   Columbia 

In  my  opinion  the  period  of  vio- 
lent change  and  uncertainty  that 
has  been  char- 
acteristic of  the 
foreign  market 
in  general,  is 
now  over.  I  do 
not  look  for 
any  startling 
changes  in  the 
industry  abroad 
for  the  coming 
year. 

Exhibitors 
all      over     the 
world,     as     in 
America,      are 
no  longer  interested  in  promises  or 
(Continued  on  page  2) 


By  ARTHUR  W.  KELLY 
Foreign  Sales  M'g'r,  U.  A. 

It  is  my  humble  opinion  that,  re- 
gardless of  what  economic  changes 
1934  brings,  one 
thing  is  sure : 
the  public  will 
continue  to 
spend  its  money 
for  good  pic- 
tures that  are 
vigorously  ad- 
vertised and 
shrewdly  mer- 
chandised. 

All  signs 
point  to  a  defi- 
nite upturn  dur- 
ing the  coming 
12  months.  And 
I  agree  with  the 
prevailing  thought  that  show  business 

(Continued  nn   page  2) 


By  N.  L.  MANHEIM 
Foreign  Sales   Manager,   Universal 

The  future  for  American  pictures 
abroad  never  looked  brighter  than 
at  this  moment. 
We  waited  a 
long  time  for 
the  wheel  to 
turn,  but  it  has 
been  worth  wait- 
ing for. 

My  conclusions 
are  based  on 
several  reasons, 
the  first  and 
most  important 
being  the  fact 
that  our  produc- 
ing departments 
have  seen  100 
per  cent  dia- 
logue pictures  fail  to  'earn  their  print 
(Continued  on   page  2) 


MO  T I  ON.  PICTVMM. 

DAILY 


Saturday,   December   16,    1933 


MOTION  picTUM  Soys  Must Bc  No  Let-Down; 


DAILY 

(Registered  U.  S.  Patent  Office) 


\ol.    ->■» 


December   Id,    1933 


No.    HI 


Maktin  Quigley 
Editor-in-Chief  and  Publisher 


MAURICE   KANN        jjRi 

Editor 
JAMES  A.  CRON 
Advertising   Manager 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily,  Inc.,  sub- 
sidiary of  Quieley  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  1933  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. 

HoUywod  Bureau:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifford. 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Chartnan, 
Representative;  Berlin  Bureau:  Berlin-Tera- 
pelnof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

Entered  as  second  class  matter  January 
4,  1926  at  the  Post  Office  at  New  York 
Ciyr,   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. 


Independent  Ad  Men 
Confer  with  Flinn 

Publicity  and  advertising  men  iden- 
tified with  companies  who  are  not 
members  of  the  Hays  organization 
met  with  John  C.  Flinn,  president 
of  the  Ampa,  yesterday  to  discuss 
participation  in  the  new  cleaner  ad- 
vertising move  under  way  by  the 
major  companies.  While  no  decision 
was  reached,  the  sympathies  of  the 
group  veered  toward  the  plan  which 
will  be  gone  into  further  next  week 
at  a  subsequent  meeting  when  J.  J. 
McCarthy  of  the  Hays  office  is  ex- 
pected to  be  present. 

Those  at  yesterday's  confab  in- 
cluded Charles  F.  Hynes,  Gaumont 
British ;  Lou  F.  Guimond,  Weldon 
Pictures ;  Ed  Finney,  Monogram ; 
Bert  Ennis.  Majestic;  Charles  Gie- 
gerich,  Celebrity  Pictures ;  George 
Harvey  and   Harold  Auten. 


Decision  Reserved 
In  Lea-Warner  Suit 

MiN.NEAi'OLis,  Dec.  15.— Decision 
has  been  reserved  by  the  U.  S.  Dis- 
trict Court  here  in  the  contract  suit 
brought  by  Albert  Lea  Amusement 
Co.  against  Warners  on  the  ground 
that  Warners  failed  to  deliver  "Foot- 
light  Parade"  in  accordance  with  a 
contrajct. 

Warners'  reply  was  that  failure  to 
agree  on  a  price  vitiated  the  agree- 
ment. 


MacAuliffe  Services  Held 

Funeral  services  were  held  yester- 
day for  Jerry  MacAuliffe.  veteran 
actor,   at   Saint   Malachy's    Church. 


View  on  Foreign  Cheerful 


By  C.  C.  PETTIJOHN 

(.Continued  from    paqe   1) 

and  enterprise.  A  code  cannot  fur- 
nish the  literature  and  life  which  ar- 
tistry must  reflect  from  the  screen.  A 
code  can't  steer  us  from  the  danger 
and  folly  of  standardized  entertain- 
ment which  the  public  would  not  pat- 
ronize. A  code  cannot  create  variety 
of  entertainment.  A  code  will  not 
bring  people  into  the  theatre  to  see 
poor  pictures,  or  compel  them  to  sit 
through  cheap  forms  of  entertainment 
waiting  for  a  good  picture  to  be 
shown. 

Creative  talent  must  create  upon  its 
own  inspiration.  Theatre  programs 
must  be  thought  out  and  made  attrac- 
tive on  the  basis  of  showmanship  and 
experience.  Initiative  remains  the 
greatest  individual  asset.  The  industry 
must  continue  to  think  and  work  full 
steam  ahead ! 


By  J.  H.  SEIDELMAN 

(Continued  from   page    1) 

past  performance.  Trade  names, 
trademarks  leave  them  unmoved. 
They  are  looking  for  one  thing 
only — quality  product  that  has  real 
merit.  Such  pictures  will  always 
find  a  ready,  eager  market  abroad. 

By  ARTHUR  W.  KELLY 

(Continued   from    page   I) 

in  general  and  the  picture  business  in 
particular  will  be  among  the  first  to 
reflect  the  more  favorable  industrial 
conditions. 

I  am  willing  to  go  even  further  and 
say  that  the  new  year  will  usher  in  a 
period  oL  "cafeteria  prosperity."  By 
"cafeteria"  I  mean  "help  yourself" ;  in 
other  words,  if  you  want  business,  you 
will  have  to  go  out  and  get  it. 

However,  let  me  emphasise  that 
prosperity,  per  se,  is  not  around  the 
corner.  On  the  contrary,  it  is  perched 
on  top  of  a  steep  hill,  and  to  reach  it, 
we  must  all  climb  a  long  and  tortuous 
road.  Consequently,  the  need  for  good 
pictures  and  vigorous  merchandising 
is  greater  than  ever.  Because  it  takes 
more  power  to  run  up  a  hill  than  on 
the  level. 

There    is    another    reason    why    the 


new  season  puts  a  premium  on  super- 
showmanship — why  it  cries  aloud  for 
higher  production  standards,  nipre 
aggressive  selling,  more  intensive  ex- 
ploitation, more  concentrated  thinking, 
."^nd  that  is  :  The  public  today  is  en- 
tertainment-wise. People  are  shopping 
for  gocKl  pictures  as  intelligently  and 
as  persistently  as  they  are  shopping 
for  bargains  in  merchandise. 

That  puts  it  squarely  up  to  all  the 
elements  in  our  industry — producers, 
distriliutors  and  exhibitors. 

As  producers,  we  must  realize  that 
the  times  call  for  pictures  of  romance, 
of  laughter,  of  music,  of  happiness. 
People  nowadays  want  to  see  the 
brighter  side  of  life — to  forget  their 
troubles,  when  they  go  to  the  theatre. 

As  distributors,  we  must  remember 
that  profits  are  majle  from  turnovers, 
not  leftovers.  Pictures  in  the  vaults 
pay  no  dividends.  We  should  be 
sensible  of  our  obligation  to  exhib- 
itors and  cooperate  with  them  by 
suggesting  practical  exploitation  ideas 
when  they  book  our  pictures.  Other- 
wise, it's  like  selling  a  man  a  first  car 
without  teaching  him  how  to  drive. 

As  exhibitors,  we  must  constantly 
bear  in  mind  that  outstanding  product 
deserves  increased  playing  time ;  and 
that  the  public  will  continue  to  beat 
a  path  to  the  box  office  if  the  merit 
of  the  film  merchandise  is  forcefully 
and  persuasively  called  to  their  at- 
tention. 

To  sum  up:  never  before  in  the  his- 
tory of  this  business  has  every  man 
connected  with  it  had  a  better  oppor- 
tunity to  show  the  stuff  he's  made  of 
— to  prove  himself  either  a  somebody 
or  a  nobody.  Mark  my  words,  1934 
will  reward  the  showman  and  show 
up  the  sham ! 

By  N.  L.   MANHEIM 

(Continued   from    page   1) 

cost  in  foreign  countries  and  they  have 
also  seen  action  pictures,  such  as  we 
have  constantly  advocated,  earn  real 
money  from  one  end  of  the  world  to 
the  other.  Now  that  the  coast  studios 
recognize  this  condition,  the  rest  is 
easy. 

The  second  important  point  to  our 
benefit   is   the   matter   of  foreign   pro- 


Stocks  Slip  in  General  Decline 

Net 

High  Low  Close  Change 

Columbia    Pictures,   vtc 26^        KaVf.  TiM.        

Consolidated    Film   Industries,   pfd... 10             9^  9.5^  ji 

Eastman    Kodak    82:}4        81^4  nVz,  —VA 

Fox    Film    "A" 143^        1454  Ul4  —  7A 

Locw's,   Inc. .la'/^        3V/f.  iVA  —7^ 

Paramount  Publix    2             1%  n/f,  —  % 

Patbc    Exchange    1^         ]^  154  —% 

Patlie    Exchange    "A" 1?^4        ]2  1254  — 'i 

R  KO     2'/          254  214.  -Vi 

Warner    Bros (,              S^  5^  _  i/^ 

Technicolor  Up  One-eighth  on  Curb 

Net 
High      Low      Close      Change 

General    Theatre    Equipment,    pfd J4  3/16        3/16    —1/16 

Technicolor     97i         9%         9%        -{■  Yg 

Paramount  Broadway  Bonds  Up  One 

Net 

High  Low  Close  Change 

General   Theatre    Equipment   6s   '40 3^  3  3  —  Vi 

General   Theatre    Equipment   fis   '40.   ctf 23^  254         2^  —  Vi 

I.oew's  6s   '41.  WW  deb  rights 82  iV/i  82 

Paramount   Broadway   Sj^s   '.SI 31  31  31  +i 

Paramt.iint   F.   T,.   6s  '47 28H  28!^  285^  —  Yg 

Paramount    PuMix    S'/2S    'SO 28  28  28  —1 

Pathe    7s    '37,    ww 81.54  81-54  SI-K  -)-  54 

Warner    Bros.    6s    '.39.    wd AVA  41  41 


Sales 

100 
700 
300 
400 
1,900 
3,000 
SOO 
600 
300 

9,.';oo 


Sales 

400 
1 


Sale 


Majestic-Preferred 
Merger  Seen  in  Ai 


(Continued  from   page    1) 

tion  for  the  purpose  of  reducing  over- 
head in  both  production  and  distribu- 
tion. 


E.  H.  Goldstein,  vice-president  of 
Majestic,  vehemently  denied  any  mer- 
ger was  in  prospect  when  asked  about 
it    last   night. 

"There's    nothing    to    it,"    he    said. 


Majestic  Plans  Complete 

Hollywood,  Dec.  15. — Herman 
Gluckman,  now  here,  and  E.  H.  Gold- 
stein, executive  vice-president  of  Ma- 
jestic, who  is  in  New  York,  have 
completed  plans  for  finishing  the  bal- 
ance of  the  1933-34  schedules. 

Gluckman  is  scheduled  to  return  to 
New   York  next  v\'eek. 


Lichtman  III  at  Home 

Al  Lichtman,  vice-president  and 
general  sales  manager  for  United 
Artists,  is  confined  to  his  home  with 
the   grip. 

duction.  It  is  fairly  definitely  estab- 
lished that  a  foreign  language  picture 
cannot  recover  its  negative  cost  in  the 
country  of  origin.  A  great  number 
of  bankruptcies  among  the  foreign 
producers  is  proof  of  this.  This  must 
react  to  our  benefit,  because,  regard- 
less of  quotas  or  any  other  legislative 
restrictions,  people  will  want  the  best 
entertainment  obtainable,  and  until  the 
foreign  language  producers  make 
quality  merchandise  which  is  salable 
in  countries  speaking  other  languages, 
they  can't  hope  to  amortize  their  neg- 
ative cost.  American  producers  have 
a  healthy  lead  over  the  field  when  it 
comes  to  producing  pictures  with  the 
all-important  international  appeal. 

Nothing  need  be  said  about  foreign 
exchange  because  all  American  com- 
panies must  benefit  by  the  improved 
exchange  rates.  Even  if  the  rates  do 
not  hold  at  present  levels,  we  should 
still  be  far  better  off  than  we  were 
during  the  past  few  years. 

In  the  old  days  it  was  the  foreign 
business  which  determined  whether 
the  company  made  a  fair  profit.  The 
same  holds  true  today. 


JACK  WHITE 

Produced  and 
Directed 

"POPPIN' 

The  Cork" 

With 

MILTON     BERLE 

And 

"Manhattan 
Lullaby" 

With 
HELEN     MORGAN 

FOX-EDUCATIONAL 
MUSICALS 


TERROR 


Audiences  will  sit  enthralled  at  this  vital,  vivid 
drama  of  a  woman  who  braves  a  firing  squad  to 
bring  her  country  victory. 

THE  REAL  LIFE  STORY  OF  A  BEAUTIFUL  SPY  . . , 

exerting  every  feminine  charm  . .  sacrificing  every 
tender  emotion  ...  to  her  perilous  profession. 

Never  have  you  shown  a  more  absorbing 
production. 


Your  patrons  always  like 

FOX  MOVIETONE  NEWS 


ii 


RADIO  HAS  BUILT  THE  SMARTEST 


. .  and  the  Motion  Picture  Daily  calls  it  "one 
of  the  cleverest  as  well  as  one  of  the  most  orig- 
inal musical  entertainments  so  far... seductive 
songS/  colorful  settings  and  rhythmic  dances 

.lavish  in  its  beauty,  full  of  glamour,  girls  and 
tunes  with  a  novelty  finale  using  the  sky  as  a 
stage  •  •  •  Youmans'  melodies  linger  tune- 
fully . .  m  box-offices  should  welcome  iti 


''Unbelievably  de- 
lightful'' .  .  .  Says 
Cinema  Hall -Marks 
of  Hollywood 
"pages  would  be 
needed  for  ade- 
quate description 
and  praise" 


MERIAN  C.  COOPER 

EXECUTIVE  PRODUCER 


MUSICAL  TO  HIT  THE  SCREEN^* 


RIGHT  ON  THE  HEELS 
OF  "LinLE  WOMEN 
...ANOTHER  SMASH! 
Too  Big  For  The  World 
So  They  Staged  It  In 
The  Clouds! 


OLO 


GENE  RAYMOND 
INGER  ROGERS 


IRIO 

RAUL  ROULIEN 
FRED  ASTAIRE 


Glorious  Music  By 

VmCENT  YOUMANS 

Gav  lyrics  by  Edward  Eliscu  and  Gus  Kahn 

ged  In  Fabulous  Beauty  by  Louis  Brock 
Stunningly  Oir^^dby  Thorn^n  Froeland 


MOTION  PICTURE 

DAILY 


Saturday,  December   16,   1933 


Detroit  Showing  Pick-Up  Now 


'33  Ahead  of 
'32;  Lots  of 
Ground  Left 


(Continued  from  page   1) 

herd  is  the  one  that  gets  the  money 
while  all  other  houses  take  it  on  the 
chin.  Here,  as  elsewhere,  and  because 
money  is  being  spent  where  the  best  in 
values  is  to  be  had,  price  ranks  in 
importance  with  the  attraction.  De- 
troit liked  "I'm  No  Angel"  and  kept 
it  thriving  at  the  State,  long  dark,  for 
four  weeks.  Everybody's  looking  for 
angels,  but  not  enough  "Angels"  hap- 
pen along. 

There  are  new  elements  in  the 
downtown  situation  here  now.  A 
handful  of  weeks  ago  Nate  Blumberg, 
general  manager  of  the  RKO  circuit, 
did  some  talking  to  Spyros  Skouras 
about  the  amount  of  red  ink  consumed 
in  these  parts.  Out  of  it  developed  a 
theatre  pool  tying  in  the  huge  5,100- 
seat  Fox  with  its  unexplored  acres 
of  balconies,  promenades  and  rest 
rooms  and  the  more  modest  2,7S0-seat 
RKO  Downtown.  Capacity,  the  deter- 
mining factor,  elected  the  Fox  as  the 
".\"  house  and  made  available  for  it 
first  call  on  Radio  to  tie-in  with  the 
Fox  Film  line-up. 

The  Downtown  became  the  "B" 
house,  the  home  of  catch-as-catch-can 
policy  including  doubles,  first  and  sec- 
ond runs,  stage  shows  and  no  stage 
shows,  as  RKO  booking  policy  elect- 
ed. Thus,  where  he  had  one  house 
and  two  competitors,  David  Idzal  now 
has  one  competitor  and  two  houses 
to  nianage,  sweat  over  and  dope  ideas 
for,  with  the  faithful  Freddie  Schader 
constantly    the    right   hand   power. 

The  Return  of  Trendle 

The  competitor  is  George  W.  Tren- 
dle, president  of  the  United  Detroit 
Theatres,  which  is  a  new  corporate 
boutonniere  for  the  Publix  houses 
which  "Izzy"  Halperin  and  Nate 
Piatt  had  in  tow  this  time  last  year. 
This  is  the  group  that  almost  tore 
asunder  the  Paramount  theatre  or- 
ganization some  months  ago  because 
of  Steve  Lynch's  refusal  to  let  John 
Balaban  run  them.  It  is  the  same 
string  for  which  Trendle  made  a  bet- 
ter oflfer  and  found  the  Paramount 
trustees  agreeing.  They  gave  him  the 
operation  for  10  months. 

Whereas,  the  bad  news  was  once 
divided  weekly  among  Publix,  RKO 
and  Fox,  it  goes  two  ways  only  now. 
While  the  dope  sheet  on  grosses  could 
be  much,  much  better,  it,  neverthe- 
less, isn't  quite  so  terrifying  as  was 
the  case  this  time  last  year.  Since 
hope  continues  to  spring  eternal,  the 
first-run  operators  are  following  the 
theory  to  the  letter. 

Individual  takes  at  the  Michigan, 
United  Artists,  Fisher  and  now  the 
recently  re-opened  State  may  be  all 
right,  but  collectively  the  Publix 
losses  are  piling  up.  Maybe  it's  an- 
other case  of  too  many  downtown 
seats;  many  believe  that.  Maybe  it's 
another  instance  of  the  real  stuff  on 
celluloid  coming  along  too  spasmodi- 
cally and  the  lack  of  cash  to  make 
box-offices  swollen  but  happy. 


One  of  the  first  of  Trendle's  actions 
upon  stepping  into  the  Publi.x  spot 
was  to  place  himself  on  the  spot  with 
his  brother  exhibitors  around  town. 
His  pledge  to  the  Detroit  public  that 
henceforth  his  shows  would  be  clean ; 
that  tinsel  fronts  were  coming  off 
theatre  facades  on  the  theory  the 
place  for  the  show  was  on  the  in- 
side, followed  by  a  city  ordinance  ban- 
ning cut-outs  and  limiting  displays  to 
lobby  cards,  has  trained  guns  in  his 
direction.  They  are  spouting  com- 
ment that  Trendle  undoubtedly  won't 
like. 

The  charge  is  being  made  that, 
whereas  the  sleeping  dog  policy  had 
been  successful  in  keeping  pictures 
and  picture  theatres  away  from  the 
attention  of  the  city  council,  Tren- 
dle's widely  publicized  new  show 
policy  has  brought  about  the  reverse. 
Some  of  the  neighborhood  operators, 
in  particular,  are  bitter  over  the  limi- 
tations on  advertising  display,  main- 
taining they  need  that  sort  of  thing 
to  get  themselves  by. 


sentative  of  the  best  in  our  home  and 
national  life"  and  "to  do  all  .  .  .  to 
influence  friends  and  neighbors  to  fol- 
low. .  .  ."  Theatre  men  are  con- 
cerned over  the  development. 

In  so  far  as  the  situation  bedeviling 
the  Fox  is  concerned,  there  is  some 
reason  to  believe  the  disturbance 
traces  back  to  a  booking  of  the  late 
Te-xas  Guinan.  The  "nudies"  in  the 
unit  aroused  objections  from  the 
Catholic  committee  of  the  whole  on 
cleaner  shows,  resulted  in  protests  and 
decision  of  the  theatre  to  play  the 
show  regardless.  That  was  the  touch- 
off  and  since  then,  when  opportunity 
has  arisen  to  point  to  objectionable 
elements  either  on  stage  or  screen  or 
both,  the  Fo.x  has  taken  it  on  the 
chin. 

Much  shadow-boxing  and  some  real 
blows  have  been  struck  in  the  exhibi- 
tor situation.  Arrayed  on  one  side 
of  the  embattled  parapets  are  fl.  M. 
Richey,  Allied  of  Michigan  and  the 
Mid-States  Theatres,  local  buying  co- 
operative  which    finds    all    major    ex- 


Straw  in  the  Wind 

Detroit. — Certainly  it's  tough,  regardless  of  the  NRA.  But  be- 
cause theatres  don't  stay  open  unless  there's  a  reason  for  it,  of- 
ficial Film  Board  figures  covering  the  exhibition  checkerboard  tell 
an  interesting,  on-the-plus-side-of-the-ledger  yarn.    It's  this: 

Of  the  approximate  546  houses  in  Michigan's  lower  peninsula, 
which  is  all  the  territory  Detroit  exchanges  cover,  only  53  are 
closed.  Last  year  it  was  72;  in  1931,  it  was  99  and  in  '30,  two  less 
than  50.  Between  the  latter  year  when  business  had  shrunk,  but 
still  was  not  too  bad,  and  this,  when  the  depression  is  still  kicking 
around,  the  difference  in  darkened  theatres,  therefore,  was  only 
five.    That's  something. 


An  early  action  on  Trendle's  part 
was  to  order  a  large  cut-out  of  Mae 
West,  adorning  the  State,  white- 
washed so  that  some  of  the  curva- 
cious  features  of  La  West  weren't 
quite  so  bulging.  It  was  part  of  his 
new  plan  for  theatre  operation  on  the 
outside,  but  it  had  no  bearing  on  the 
inside,  for  the  West  picture  continued 
to  play  at  the  house  for  four  weeks, 
objectors  like  to  use  as  their  argu- 
ment. 

Reports  in  circulation  that  the  Cath- 
olic Church  was  bearing  down  on  the 
Fox  and  that  Trendle  had  fanned  the 
move  are  also  among  the  things  heard 
around  the  town.  Trendle,  however, 
denies  any  of  his  actions  had  a  bear- 
ing on  that.  As  a  matter  of  fact,  he 
expresses  surprise  and  a  disbelief  that 
such  a  movement  is  under  way. 

Regardless,  it  is  a  fact  that  the 
Catholic  dignitaries  are  much  aroused 
over  salacious  pictures  and  the  same 
type  of  advertising.  Their  point  of 
view  finds  reflection  in  almost  week- 
by-week  editorial  and  news  comment 
in  The  Michigan  Catholic  and  a  bar- 
rage of  letters  that  has  been  well  nigh 
deluging  Idzal  and  the  Fox  Theatre 
management,  to  its  embarrassment  and 
consternation. 

Tile  Detroit  Catholic  Students'  Con- 
ference was  first  to  take  action  as  the 
result  of  a  plea  by  Bishop  Michael  J. 
Ciallagher.  This  was  followed  by  the 
Detroit  Diocesan  League  of  Catholic 
Wcimen  and  the  Catholic  Order  of 
l-'oresters  through  resolutions  calling 
upfjn  members  to  become  a  "committee 
of  one  to  patronize  only  those  pic- 
tures known  to  be  decent   and   repre- 


changes,  with  the  exception  of 
M-G-M,  willing  to  sell  their  film  for 
ultimate  parceling  to  its  approximate 
70  theatre  members.  On  the  other  is 
Adrian  Rosen,  young  Detroit  lawyer, 
as  representative  of  a  group  of  ex- 
hibitors, some  of  them  once  members 
of  Mid-States  and  some  who  are  not. 
Both  sides,  naturally  enough,  claim 
justification  for  their  stand.  Crowded 
out  of  film  service,  as  they  are,  Rosen's 
group,  including  Al  Ruttenberg  of  the 
Iris,  Lew  Kane  of  the  Mayfair  and 
the  Krim  boys  who  run  the  Kramer, 
are  yelling  loud  and  long  for  pictures 
in  the  possession  of  Mid-States.  Ray 
Moon,  general  manager  of  the  co- 
operative, maintains  the  pictures  are 
his  by  purchase  and  that's  that. 

In  its  essence,  the  question  as  it 
concerns  Mid-States  poises  itself  on 
whether  or  not  the  combine,  through 
its  massed  buying  power,  has  intimi- 
dated exchanges  into  contracts  for 
service.  Rosen,  of  course,  insists  this 
is  so;  Mid-States  is  equally  as  fyni  in 
its  denials. 

Typical  as  an  example  of  the  situa- 
tion is  the  case  of  the  Mayfair,  which 
is  the  old  Bonstelle  stock  house.  Kane, 
who  runs  it,  claims  he  can't  get 
enough  film  to  keep  his  theatre  go- 
ing. Mid-States  asserts  his  opposition, 
which  is  the  Senate  and  the  Colonial, 
requires  416  features  a  year  between 
them  and  that  obviously  Kane  is  out 
of  luck.  Another — Ruttenberg's  Isis, 
which  runs  now  on  M-G-M,  RKO  and 
Columbia,  but  needs  more.  His  com- 
petitor is  Joe  Krull  at  the  Home. 
Krull  runs  doubles  and  maintains  his 


Duals  Flush; 
Most  Houses 
Still  Use  'Em 


needs  are  208  features  per  annum. 
He  lias  bought  up  235  and  asserts  the 
overage  is  necessary  by  way  of  pro- 
tection on  the  theory  producers  only 
deliver  80  per  cent  of  their  promised 
schedules  anyway. 

Through  a  long-winding  series  of 
circumstances  which  have  been  re- 
ported in  Motion  Picture  Daily  as 
tliey  broke,  the  opposition  to  Mid- 
States,  which  is  pretty  much  the  op- 
position to  Allied  of  Michigan  as  well, 
has  taken  form  in  the  development  of 
an  opposition  exhibitor  unit,  at  pres- 
ent confined  in  its  operations  to  the 
city  with  the  state  lurking  somewhere 
in  the  plan  for  crystallization  later — 
perhaps. 

Allied  makes  the  charge  that  the 
Hays  ofifice  is  behind  the  step,  sinking 
the  hooks  of  its  argument  into  the 
possibility  that  the  Independent  The- 
atre Owners  of  Detroit,  as  the  new 
group  has  dubbed  itself,  will  become 
an   M.   P.  T.   O.   A.  affiliation. 

As  a  matter  of  fact.  Allied  is  con- 
siderably more  burned  over  its  em- 
bryonic competitor  than  it  cares  to 
admit.  It  assumes  the  stand  that  the 
Michigan  unit  has  been  getting  along 
pretty  well  for  almost  15  years;  that 
it  has  been  successful  in  keeping  bat- 
tered down  inimical  legislation,  not 
only  for  its  own  members,  but  for  all 
of  the  film  industry  within  the  state's 
confines  and  doesn't  understand  t1ie 
why  or  the  wherefore  of  this  new 
competition. 

Believed  Taking  It  to  Heart 

Indicating  in  some  minds  that  it  is 
taking  the  fuss  over  Mid-States  to 
heart  is  the  general  understanding  that 
the  board  of  directors  of  the  combine 
will  soon  be  shuffled  about  to  elimi- 
nate from  its  personnel  the  men  who 
are  also  directors  in  Allied.  That's 
supposed  to  set  up  a  line  of  demarca- 
tion between  the  two  organizations 
and  to  indicate  they  are  separately 
constituted.    It  won't  fool   anybody. 

In  Detroit,  the  double  feature  situ- 
ation, despite  an  earlier  agreement  to 
rule  it  out,  is  back  to  its  old  status, 
wiiich  means  twin  bills  are  the  rule  all 
over  the  city.  When  the  pact  was 
fixed  up,  there  was  coupled  with  it  a 
simultaneous  effort  to  step  up  admis- 
sions to  the  tune  of  five  and  10  cents, 
as  each  situation  saw  fit.  At  the 
same  time  came  the  realization,  the 
explanation  goes,  that  exhibitors 
couldn't  cut  the  entertainment  quota 
and  get  more  money  in  one  joint  ac- 
tion. Duals  won  out  and  have  stayed 
on  top  ever  since. 

Whenever  the  question  of  duals  or 
no  duals  comes  up,  it's  practice  now 
to  turn  to  the  RKO  Downtown,  which 
changes  its  jxilicy  from  first  to  sec- 
ond runs  to  duals  to  stage  shows  as 
often  as  it  likes.  "Why  pick  on  us?" 
the  subsequents  ask,  but  get  no  an- 
swers. 

The  first  runs  may  have  the  seats 
(Continued  on   page  8) 


Saturday,   December    16,    1933 


MOTION  PICTURE 

DAILY 


Reports  Johnson 
Will  Quit  Denied 


(Continued  from   page    1) 

of  his  tenure  as  administrator  and  that 
he  will  give  up  his  post  early  next 
year.  This  will  be  a  voluntary  action 
on  his  part,  in  line  with  his  repeated 
statements  when  he  took  the  job  that 
he  did  not  want  it  as  a  permanent  po- 
sition. 

If  Johnson  retires,  there  is  a  pos- 
sibility he  will  be  succeeded  by  Di- 
vision Administrator  A.  D.  White- 
side, whom  he  has  entrusted  with  a 
number   of    important   matters. 


St,  Louis  Showmen 
Give  0»K,  to  Code 

St.  Louis,  Dec.  15. — The  code  was 
approved  here  today  at  a  meeting  of 
theatre  owners.  The  name  of  Charles 
Goldman,  this  city,  and  S.  E.  Pirtle, 
Jerseyville,  were  submitted  to  Deputy 
Administrator  Sol  A.  Rosenblatt  as 
nominees  for  the  local  clearance  and 
zoning  board  for  independent  subse- 
quent runs,  with  Clarence  Kaiman, 
this  city,  and  Albert  Critchlow,  Alton, 
as  alternates.  Cullen  Espy  was  pro- 
posed as  representative  for  independ- 
ent first  runs,  with  George  Tyson  as 
alternate.  Both  are  of  this  city.  For 
affiliated  first  runs  Harold  Evans  was 
suggested,  with  H.  H.  Herman  as 
alternate.  Both  are  residents  of  St. 
Louis. 

Nominations  for  the  grievance 
board  were  Fred  Wehrenberg  to  rep- 
resent the  independents  and  Leo  Hill 
affiliated  theatres.  Both  are  of  this 
city.  Proposed  for  alternates  were 
Oscar  Lehr,  St.  Louis,  for  the  in- 
dependents, and  Lon  Cox,  West  Frank- 
fort, 111.,  for  affiliated  houses. 

George  Eigel,  St.  Louis  attorney, 
was  nominated  as  the  non-industry 
member  for  both  boards. 


Allied  Favors  Full 
Cancellation  Use 

Minneapolis,  Dec.  15. — W.  A. 
Stefles  served  notice  at  the  opening 
of  the  Allied  convention  here  today 
at  the  Radisson  Hotel  that  the  organ- 
ization would  advise  liberal  use  of 
cancellation  rights  under  the  new 
code  to  cut  off  high  priced  pictures 
from  blocks. 

Analyzing  the  code  provisions  sec- 
tion by  section,  StefTes  said  the  code 
sets  up  no  restrictions  on  distributors. 

"All  your  employes  are  now  police- 
men watching  for  code  infractions," 
he  declared.  He  cautioned  against  any 
attempts   at   subterfuge   or   chiseling. 

The  session  lasted  all  day  with  about 
100  exhibitors  from  Minnesota  and 
the   Dakotas   present. 

Discussing  lotteries,  rebates,  prem- 
iums and  giveaways,  StefTes  indicated 
that  Allied  would  help  clamp  down 
on  the  practice.  He  expressed  that 
75  per  cent  of  the  code  regulations 
covering    these    problems    are    fair. 


Allied* s  Illinois 

Unit  Is  Organized 

Chicago,  Dec.  15. — Allied's  down- 
state  organization  has  been  completed 
with  the  election  of  E.  E.  Alger  as 
president,  Fred  Anderson  as  vice- 
president,  Russell  Hurt  as  secretary, 
and  J.  M.  Duncan  as  treasurer. 

The  organization  meeting  was  held 
at  Peru,  Ind.  Aaron  Saperstein  was 
one  of  the  speakers. 


MOTION  PICTURE  DAILY.!$ 
HOLLYWOOD  PREVIEW 


"Miss  Fane's  Baby  Is  Stolen" 

(Paramount) 

Hollywood,  Dec.  15. — Timely  theme  and  powerful  woman  appeal  to 
which  preview  audience  reacted  with  sobs  and  applause  give  "Miss 
Fane's  Baby  Is  Stolen"  the  appearance  of  a  real  hit  at  the  box-office. 

Aside  from  tapping  the  temper  of  a  people  aroused  by  kidnaping 
outrages,  the  picture  is  thrilling  entertainment  that  leans  heavily  on  the 
heart  side.  Sobs  alternate  with  emotional  suspense  as  a  simple  love 
story  of  mother  and  baby  unfold. 

Dorothea  Wieck,  portraying  a  film  star,  refuses  to  notify  the  police 
after  her  baby  is  stolen.  At  her  wit's  end,  she  finally  goes  to  the  authori- 
ties, who  put  on  a  kidnap  hunt,  using  national  hookups,  radio  cars  and 
airplanes. 

Alice  Brady,  portraying  a  farmer's  wife  to  whom  Miss  Wieck  had 
given  an  autographed  photograph  on  location,  stumbles  on  a  clew  near 
her  own  shack,  gets  the  baby  and  drives  to  town  in  her  rickety  old  Ford, 
pursued  by  the  kidnapers.  A  chase  of  motorcycle  police,  sentencing  of 
tile  kidnapers  and  the  return  of  the  baby  are  dramatic  highlights. 

Miss  Wieck,  minus  box-office  strength  as  yet,  gives  a  good  perform- 
ance as  the  mother  bereft.  Baby  LeRoy  contributes  a  big  part  to  the 
entertainment  value  of  the  film.  Miss  Brady  gets  away  from  jittery 
roles  and  sends  home  a  warm,  human  portrayal.  Alan  Hale,  Jack  La 
Rue  and  Dorothy  Burgess  are  the  kidnaping  menaces.  Spanky  McFar- 
land,  formerly  of  "Our  Gang,"  provides  some  good  laughs. 

Rupert  Hughes's  story  is  unreeled  in  simple  strokes.  Adela  Rogers 
St.  John's  screen  play  is  a  model  of  simplicity.  Alexander  Hall's  direc- 
tion is  smooth  and  effective.  Although  a  newcomer,  he  handled  this  one 
like  a  veteran. 

The  production  is  an  ideal  combination  of  up-to-the-minute  sentiment 
with  tense  heart  interest  and  a  suspense  that  holds  all  the  way.  The 
subject  matter  and  superior  quality  of  the  entertainment  should  put  it 
over  big  on  the  strength  of  the  front  page  theme,  name  values  of  Baby 
LeRoy  and  Alice  Brady,  plus  the  word-of-mouth  chatter  sure  to  accrue 
after  the  feminine  contingent  see,  weep  and  enjoy  it. 


''Meanest  Gal  in  Town" 

(Radio) 

Hollywood,  Dec.  15. — Light  comedy,  with  laughs  sparsely  scattered; 
holds  this  one  to  the  program  class  or  for  double  feature  spots. 

El  Brendel,  Zasu  Pitts,  Jimmie  Gleason,  Pert  Kelton  and  "Skeets" 
Gallagher  do  whatever  they  have  to  do  nicely,  but  the  comedy,  produced 
for  laughing  purposes,  seems  a  bit  handicapped  for  lack  of  fresh  and 
sprightly  material. 

Place — any  small  town.  Brendel,  bashful  barber,  loves  Zasu,  who  owns 
a  women's  shop.  For  10  years  El  has  loved  Zasu — and  vice-versa.  He 
has  the  ring,  but  is  waiting  until  business  picks  up  before  he  gets  a 
second  chair  for  the  barber  shop  and  buys  a  stone  for  the  ring. 

Pert  Kelton,  stranded  soubrette,  for  want  of  something  better  to  do, 
sells  El  the  idea  of  putting  S.  A.  into  the  shop.  Pert  gets  the  job  as 
manicurist.  Business  booms.  Legs  draw  yokels.  Gleason,  town  clown, 
smitten  by  Pert,  takes  over  the  second  chair  in  the  shop  to  be  near  S.  A. 

Gallagher,  traveling  salesman,  inveigles  Zasu  to  link  her  shop,  with  a 
national  chain.  Skeets  has  a  yen  for  Pert,  too.  They  go  off  together. 
Zasu  loses  her  shop.  El  gets  it  back.  Pert  returns  to  Jimmie.  El  pro- 
poses to  Zasu.   That's  the  story. 

Comedy  line  is  meager,  with  laughs  interspersed  at  odd  moments. 
Small  towns  may  go  for  this  one,  as  humor  reflects  life  and  love  at  the 
whistle  stops. 


f^ff 


"Eight  Girls  in  a  Boat 

(Rogers-Paramount) 

Hollywood,  Dec.  15. — "Eight  Girls  in  a  Boat"  is  an  artistically 
mounted  drama  of  a  girl  yearning  for  affection,  and  finding  it  by  violat- 
ing the  regulations  of  the  finishing  school  she  is  attending. 

Amid  the  picturesque  setting  of  the  Swiss  Alps,  her  search  for  ro- 
mance brings  about  clandestine  meetings  with  a  boy  from  a  neighboring 
college.  Realizing  her  fatal  step,  the  girl,  capably  played  by  Dorothy 
Wilson,  becomes  obsessed  with  the  thought  of  impending  motherhood 
without  benefit  of  clergy.  The  boy,  played  by  Douglas  Montgomery,  is 
equally  upset.  He  prevails  upon  the  girl's  father  (Walter  Connelly)  to 
consent  to  the  marriage.  Father  refuses  on  grounds  that  the  boy  is  inca- 
pable of  furnishing  a  livelihood  for  his  daughter. 

The  story  further  reflects  on  the  conflict  between  the  couple's  love 

(Continued  on  page  8) 


Loew's  Stock  Sale 
Held  up  by  Court 

(Continued  from  page    1) 

the  transfer  would  violate  any  of  the 
terms  of  the  consent  decree  handed 
down  at  Wilmington  some  time  ago 
in  the  Government's  anti-trust  action 
against  Fox  Film,  which  owned  the 
stock  prior  to  its  transfer  to  General 
Theatres  Equipment  and  Harley  L. 
Clarke  with  the  aid  of  Chase  National 
Bank  financing. 

Saul  E.  Rogers  appeared  before  the 
court  a  few  days  ago  as  attorney  for 
Harley  L.  Clarke  and  protested  that 
the  sale  of  the  stock  would  return 
control  of  Loew's  to  the  Chase  Na- 
tional Bank,  which  controls  Fox,  and 
would  therefore  violate  the  terms  of 
the  consent  decree. 


Steel  Firm  Putting 
NBA  to  Acid  Test 

(Continued   frotn   page    1) 

the  face  of  threats  of  court  action  and 
loss   of   the   Blue   Eagle. 

Plans  of  General  Johnson  to  re- 
port the  company  to  the  Department 
of  Justice  for  action  tonight  were 
held  in  abeyance  until  he  had  con- 
ferred with  Senator  Robert  Wagner, 
chairman  of  the  National  Labor 
Board,  but  the  administrator  ex- 
pressed the  view  court  action  now 
probably  cannot  be  averted.  The 
matter  is  considered  the  most  seri- 
ous challenge  of  the  Recovery  Act 
yet  issued. 

Plans  for  legislation  to  make  the 
National  Labor  Board  a  permanent 
organization  are  under  consideration 
by   Senator   Wagner. 

While  the  fundamental  cause  of  the 
dispute  is  not  analogous  to  any  situa- 
tion in  the  film  industry  at  the  pres- 
ent time,  it  was  said,  the  Weirton  case 
involves  the  validity  of  the  labor  set- 
up of  the  Recovery  Administration 
and  will  have  a  wide  influence  upon 
all   industries. 


New  Theatre  Union 
Wins  NBA  Skirmish 

Local  118,  Building  Service  Em- 
ployes' Union,  won  its  first  skirmish 
with  theatre  operators  when  Jo- 
hannes Wittbergi  janitor  at  Skouras's 
Academy  of  Music,  was  returned  to 
his  post  yesterday  following  the  new 
union's  complaint  to  the  local  NRA 
compliance  board  that  Wittberg  had 
been  discharged  after  becoming  a 
member  of  the  union. 

The  theatre  maintained  that  Witt- 
berg had  been  discharged  for  incom- 
petency, but  the  local  NRA  board 
held  that  there  was  no  evidence  of 
this,  and  ordered  that  Wittberg  be 
returned  to  his  job. 


Delaware-Maryland 
Men  to  Sign  Dec.  21 

Wilmington,  Dec.  15. — Members 
of  the  Independent  M.  P.  Theatre 
Owners'  Ass'n.  of  Delaware  and  the 
Eastern  Shore  of  Maryland  may  sign 
the  code  collectively  or  individually 
at  the  next  meeting  to  be  held  Dec. 
21.  The  session  is  to  be  held  at  Fed- 
eralsburg,  Md. 


Hoffherg  Gets  Comedies 

J.  H.  Hoff^berg  Co.,  Inc.,  has  ac- 
quired world  rights  to  12  two-reel 
Gene  Laymon  comedies,  the  first  of 
which  is  "Tough  Breaks." 


MOTION  PICTURE 

DAILY 


Saturday,  December  16,   1933 


Midwest  Cheerful, 
Edward  Golden  Says 

Returning  from  a  week's  tour 
through  the  middle  west,  Edward 
Golden,  general  sales  manager  for 
Monogram,  reports  an  optimistic 
trend,  stating  subsequent  and  small 
theatres  are  doing  very  well,  having 
come  down  to  cases.  Some  of  the  big 
fellows,  he  says,  are  still  loaded  with 
overhead  and  haven't  as  yet  adapted 
themselves  to  conditions. 

Exhibitors  in  Ohio,  Illinois,  Michi- 
gan and  Wisconsin  are  generally  op- 
timistic, he  reports.  Things  are  not 
exactly  the  way  theatre  owners  would 
like  to  have  them,  but  they  think 
they  are  now  on  the  upgrade,  he  says. 

Commenting  on  duals,  Golden  de- 
clares exhibitors  are  very  happy  in 
all  situations  because  twin  bills  are 
left   to   each    individual    exhibitor. 

While  on  the  trip,  he  conferred  with 
Irving  Mandel.  Chicago ;  Nat  Lefton, 
Ohio ;  Sam  Seplowin,  Detroit,  and 
Jack  Frackman.  Milwaukee,  Mono- 
gram franchise  holders,  who  reported 
business   good. . 


RKO  Foreign  Sales 
Put  in  3  Divisions 

(Contivitrd   from   paqc    1) 

Peru.  Ecuador.  Brazil,  Argentina, 
Paraguay,  Uruguay,  Egypt.  Syria, 
Palestine  and  South  Africa. 

B.  D.  Lion.  Norway,  Sweden,  Den- 
mark. Finland,  Poland,  Russia,  Baltic 
States.  Germany.  Austria,  Hungary, 
Czechoslovakia.  Rumania,  Jugoslavia, 
Bulgaria.  Greece.  Turkey.  Armenia, 
France.  Belgium.  Switzerland.  Hol- 
land. Portugal.  Spain  and  Italy. 

Ethel  Smith.  Philippines.  Japan. 
Bermuda.  Trinidad.  Haiti.  Iraq.  Siam. 
Dutch  East  Indies.  Straits  Settle- 
ments. United  Kingdom.  Australia. 
India.  Burma.  Ceylon,  China  and  all 
steamships. 

Siegfried  Lindstrom  is  the  Far 
Eastern  field  representative  with  su- 
pervision over  Japan.  China.  Philip- 
pines. Dutch  East  Indies.  Straits  Set- 
tlements. Federated  Malay  States. 
.Siam  and  French  Indo-China. 

.Ambrose  S.  Dowling  continues  his 
activities  in  the  field  under  supervision 
of  Reisman,  according  to  the  statement. 


Decision  Reserved 
In  Local  306  Suit 

Supreme  Court  Justice  William  T. 
Collins  yesterday  reserved  decision 
in  the  <^1, 000.000  suit  filed  by  Tx)cal 
.106  against  the  T.  T.  O.  A..  11  inde- 
pendent exhibitors  and  Allied  Opera- 
tors' Union.  Samuel  M.  Birnbaum. 
renresented  Local  306.  Milton  C. 
Weisman  was  counsel  for  the  I.  T. 
O  A..  Joseph  Tepperson,  represented 
Allied,  and  Kelly  and  Connolly  acted 
for  Tack  W.  Springer  of  the  Springer 
»^-  Cocalis  circuit. 

Supreme  Court  Justice  Isidor  Was- 
servogel  has  signed  a  temporary  in- 
junction aerainst  the  Empire  State 
oncrators'  union  enioininsr  the  local 
from  interfering  with  Charles  Dan- 
zincrcr  and  11  other  members,  pres- 
ently employed,  because  of  arrears  in 
dues    and    assessments. 


Looking  ^Em  Over 


"His  Double  Life" 

{Paramount) 

In  his  latest  venture  as  a  producer,  Eddie  Dowling,  associated  with 
.Arthur  Hopkins,  has  turned  out  an  amusing  and  entertaining  picture, 
adapted  from  Arnold  Bennett's  "Buried  Alive,"  and  co-starring  Roland 
Young  and  Lillian  Gish.  Although  slow  in  getting  started,  once  past 
the  halfway  mark,  the  action  picks  up  and  rolls  along  at  a  merry  pace. 
Young  gives  his  usual  competent  characterization,  and  Miss  Gish  mani- 
fests her  old  wistful  charm  and  histrionic  ability.  Montague  Love  handles 
a  small  part  competently. 

The  story  concerns  Young,  a  shy  but  world  famous  painter  who,  on 
the  death  of  his  valet,  is  not  recognized  and  is  forced  to  watch  his 
servant  be  buried  in  Westminster  Abbey  under  his  name.  He  tries  in 
vain  to  reveal  his  true  identity.  He  marries  Miss  Gish,  the  sweetheart 
of  his  valet,  and  resumes  his  painting.  His  work  is  recognized,  and  after 
an  amusing  court  scene,  his  true  identity  is  revealed,  and  the  final  scene 
shows  Young  and  his  wife  sailing  from  London  in  search  of  a  land  that 
the  artist's  fame  has  not  reached. 


.» 


Mark  Ostrer  Sails 

Mark  Ostrer.  member  of  the  T-on- 
don  bankinp  firm  of  Ostrer  Bros., 
who  are  barkers  of  Gaumont  British, 
sailed    for   I^-ondon    yesterday. 


"Wine,  Women  and  Song 

(I.  E.  Cliadwick-Statc  Rights) 

Subsequent  runs,  also  double  featuring  houses,  will  find  a  good  meas- 
ure of  production  value  for  their  money  in  this  one.  The  story  runs 
along  melodramatic  lines,  particularly  for  the  finish,  but  with  much  of 
the  action  taking  place  back-stage  opportunity  is  offered  to  introduce 
several    good    song    and    dance    sequences. 

The  story  is  that  of  a  convent  girl  guided  to  the  stage  by  her  mother, 
a  burlesque  performer,  and  the  girl's  subsequent  experience  in  romance 
with  the  infatuated  theatre  magnate.  It  ends  in  tragedy  for  both  the 
designing  magnate  and  the  mother,  who  murders  the  former  to  save  her 
daughter  from  him,  and  then  succumbs  herself,  as  the  girl  makes  a 
successful  stage  debut  and  the  path  of  her  true  love  for  the  dance  direc- 
tor of  the  production  is  smoothed. 

Lilyan  Tashman  is  the  mother;  Lew  Cody  the  theatre  magnate;  Mar- 
jorie  Moore,  the  daughter,  and  Matty  Kemp,  the  dance  director.  Herbert 
Brenon  directed. 


MOTION  PICTURE  DAILY,!$ 
HOLLYWOOD  PREVIEW 


(Continued  from  page  7) 

for  each  other,  what  the  revelation  of  their  predicament  would  mean 
to  society  and  the  sentiment  of  the  student  body  of  the  girls'  school. 
Reaching  an  anti-climax,  the  girl  confesses  her  situation  to  the  captain 
of  the  school.  Instead  of  ostracizing  her,  the  student  body  rally  around 
her,  pledging  moral  and  financial  support.  The  boy  in  the  meantime 
appears  on  the  scene  and  takes  the  girl  away  to  marry  her. 

The  offering,  as  a  whole,  has  many  fine  qualities  that  should  appeal 
to  lovers  of  natural  outdoor  splendors  counterparting  the  emotions  of 
youth  caught  in  the  swirl  of  human  drama.  While  often  repetitious  in 
action,  the  film  may  be  accepted  by  one  class  of  audience  and  be  boresome 
to  another. 

It  represents  delicate  handling  of  difficult  subject  matter  with  Richard 
Wallace  overcoming  story  lack  by  skillful  manipulation  of  details.  Aside 
from  Miss  Wilson  and  Montgomery,  Kay  Johnson  is  outstanding  as 
the  athletic  instructress.  The  bevy  of  young  girls  who  participate  in 
giving  life,  action  and  color  to  the  girls'  school  counterbalances  the 
drab  sequences  called  for  by  the  story.  Photography  by  Gilbert  War- 
renton  is  one  of  the  highlights  of  the  film.  The  play  is  an  original  by 
Helmut  Brandis  with  Casey  Robinson  adapting. 


Postpone  Amity  Action 

Examination  of  E.  W.  Hammons 
in  Amity  Pictures'  action  to  recover 
from  Educational  certain  rentals  al- 
leged to  be  due  from  Tiffany  produc- 
tions, scheduled  for  yesterday,  was 
postponed    to    Dec.    20. 


Kompel  Seriously  III 

Abe  Kompel,  associate  of  J.  Louis 
Geller,  local  circuit  operator,  is  seri- 
ously ill  at  the  Columbus  Hospital. 


Wins  in  Pathe  Suit 

On  the  ground  that  she  had  suf- 
fered from  nervous  shock  in  the  Pathe 
Studio  fire  in  1929  Mrs.  Ella  Fisch- 
beck  won  a  verdict  of  $15,000  and 
her  husband  was  awarded  $5,000  yes- 
terday in  Brooklyn  Supreme  Court. 
The  case  was  tried  before  Justice 
Peter  P.  Smith. 

Mrs.  Fischbeck  ran  a  luncheonette 
on   the   studio   balcony. 


Detroit  Business 
Showing  Pick-Up 


(Continued  from   page   6) 

and  the  first  call  on  product,  but  the 
neighborhoods  relatively  are  doing  a 
better  business  despite  their  com- 
plaints. Business  in  late  August  and 
September  was  pretty  grand  for  all 
concerned.  In  October,  it  began  to 
fade  and  has  kept  right  on  going. 
Looking  backward,  the  earlier  impetus 
seems  to  have  gathered  steam  from 
the  initial  excitement  over  the  NRA. 
They  say  here  now  the  effects  of  the 
"shot-in-the-arm"  have  worn  off.  Re- 
sponsible opinion  holds  this  applies 
similarly  to  the  situation  upstate. 

Out  in  the  territory,  much  by  way 
of  dissatisfaction  is  heard  in  under- 
tones over  the  grip  which  the  Butter- 
field  circuit,  part  Publix,  part  RKO- 
owned,  holds.  The  clearance  granted 
the  circuit  by  the  majors  is  some- 
thing which  the  independents  argue  is 
unwarranted  and  unfair.  In  private 
whispers,  which  occasionally  become 
audible,  they  say  something  is  going 
to  be  done  about  it.  Actually,  it  looks 
like  a  job  for  the  grievance  board  un- 
der the  code. 

Hopeful  is  the  way  to  describe  the 
attitude  over  this  country's  recogni- 
tion of  Russia.  The  Soviet  needs  au- 
tomobiles. Michigan  makes  them  and 
that's  the  lowdown  on  the  expectation 
that  from  $30,000,000  to  $40,000,000  in 
locally-made  cars  may  prove  to  be 
Moscow's  requirements  in  the  next 
year. 

It's  pleasant  to  think  about  anyway. 

(Copyright,  1933,  Quigley  Publications) 


Cleveland,  where  the  independent 
exhibitors  are  always  ready  for 
fight  and  usually  are  in  the  tfiick 
of  one,  will  be  covered  next  in  this 
series. 

Later:  Columbus, Cincinnati,Pitts- 
burgh  and  Washington. 


New  Financing  and 
Producing  Planned 

Financing  of  productions,  giving 
exhibitors  a  voice  in  the  selection  of 
stories  and  cast,  and  playing  on  a 
percentage  basis  are  included  in  the 
plans  for  a  new  company  being  formed 
by  Tom  Moore,  Lloyd  H.  Atkinson 
and  H.  H.  Railey. 

Moore,  a  Washington  man,  where 
he  long  operated  the  Rialto,  was  con- 
nected with  Associated  First  National 
Exhibitors  in  the  early  days ;  Atkin- 
son has  been  rail  sales  manager  for 
Bethlehem  Steel  and  chairman  of  the 
foreign  trade  committee  of  the  Chemi- 
cal Alliance,  and  Railey  was  personal 
representative  for  Admiral  Richard 
E.  Byrd  during  his  first  Antarctic 
expedition. 

No  stock  is  to  be  offered  to  the 
public,  they  say. 


Statewide  Hearing 
Off  Until  Jan,  11 

Milwaukee,  Dec.  15.— A  hearing 
of  Statewide  Theatres'  creditors 
scheduled  for  today  was  continued  to 
Jan.   11. 

Referee  Milton  Knoblach  over- 
ruled objections  of  Fox  Wisconsin 
and  the  Wisconsin  Amusement  Enter- 
prises' attorneys  by  declaring  he  had 
jurisdiction  to  proceed  in  a  summary 
action.  Fox  attorneys  had  maintained 
that  the  bankruptcy  court  had  juris- 
diction. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  142 


NEW  YORK,  MONDAY,  DECEMBER  18,  1933 


TEN   CENTS 


Federal  Aid 
Planned  for 
Code  Boards 


Will  Help  Formation  and 
Assist  Isolated  Spots 


Washington,  Dec.  17. — A  Federal 
system  to  assist  and  augment  trade 
boards  set  up  under  approved  codes 
with  their  work  of  adjusting  com- 
plaints of  code  violations  is  in  process 
of  organization.  It  provides  for  sup- 
plementary NRA  code  cooperation  in 
the  48  states,  the  Recovery  Adminis- 
tration disclosed   yesterday. 

The  plan  provides  complaint  adjust- 
ment machinery  for  an  industry  while 
it  is  organizing  for  itself  the  adjust- 
ment machinery  authorized  by  its  own 
code,  or  where  it  finds  code  compli- 
ance machinery  too  costly  to  be  main- 

(Continued  on  page  4) 


W,  F.  King  New  U.  A. 
Theatres  Director 

Willard  V.  King  is  a  new  factor  in 
the  United  Artists  Theatre  Circuit, 
Inc.,  the  directorate  having  been  in- 
creased at  the  company's  annual  meet- 
ing late  last  week  to  make  a  place 
for  him. 

King  is  a  director  in  a  number  of 
large   corporations,   including   the   All 

(Continued  on  page    10) 


Tickets  in  Demand 
For  Ampa  Luncheon 

Tickets  are  going  fast  for  the 
Ampa  Christmas  luncheon  to  be  given 
at  the  Astor  at  12 :45  on  Thursday. 
Accommodations  are  to  be  limited  to 
1,000  and  the  sale  is  to  be  stopped  at 
this  figure. 

Heavy  turnouts  are  looked  for  from 
home   offices. 


Has  5 'Year  Plan 

Hollywood,  Dec.  17. — Douglas 
Wadley  Churchill,  portly  cor- 
respondent for  the  New  York 
Times,  has  been  airing  his 
newest  brain  child  to  execu- 
tives. The  other  day  he  pulled 
it  on  the  head  of  a  major 
studio. 

"There  is  only  one  cure  for 
what  is  wrong  with  pictures," 
stated  Doug,  "and  that  is  my 
five-year   plan." 

"What's  that?" 

"Quit  making  them  for  five 
years,"   retorted   Doug. 


Higher  Costs 
Absorb  Bigger 
Indie  Budgets 

NRA  Takes  Cash  Intended 
For  Quality,  Is  Claim 


Hollywood,  Dec.  17. — Increased 
labor  costs  under  NRA  regulations 
are  consuming  the  production  budget 
increases  made  by  small  independent 
producers  this  season,  with  the  result 
that  the  additions  to  picture  quality 
which  the  higher  antes  were  intended 
to  purchase  are  less  frequent  and  im- 
pressive than  the  producers  had  hoped 
and  planned  for  last  spring  when  the 
higher  budgets  were  set. 

With  a  good  50  per  cent  of  inde- 
pendent     producers      announcing      to 

(Continued  an  page    !0) 


Price:  One  Dime 

Sold,  as  advertised,  by  the 
Harris  on  West  42nd  St.  Sat- 
urday, all  for  one  thin  dime: 

"Lady  for  a  Day." 

"The  Private  Life  of  Henry 
VIIL" 

"Three  Little  Pigs." 

One  two-reel  comedy. 


Mystery  Enshrouds 
Plans  of  4  Marxes 

Whether  the  Four  Marx  Brothers 
will  make  another  picture  for  Para- 
mount before  joining  United  Artists 
remains  somewhat  of  a  mystery,  de- 
spite the  fact  Paramount  claims  it  has 
signed  the  comedians  for  another  pic- 
ture. 

Chico  Marx  on  Saturda.y  refused  to 
comment  on  the  future  relations  be- 
tween the  Marxes  and  Paramount  and 
also  was  silent  on  the  U.  A.  deal  for 
one  picture  a  year. 


Features  in  Work 
Total  36  on  Coast 

Hollywood,  Dec.  17. — Production 
activity  for  the  week  ending  Dec.  16 
shows  a  slight  increase  over  the  pre- 
ceding week,  yet  far  from  being 
normal.  Features  in  work  total  36 
as  against  34  for  the  preceding  week. 
Twenty  are  in  final  stages  of  prepa- 
ration while  43  are  reported  to  be  in 
the  cutting  rooms. 

The  short  subject  division  reports 
12  in  work,  13  in  preparation  and  21 
in  the  cutting   rooms. 

Warners  lead  the  field  for  number 
of  features  in  work,  reporting  eight 
working,  three  preparing  and  three  in 
the    cutting    rooms.      Paramount    and 

(Continued  on  page  2) 


Mary  Pickford  Set 
For  Week  at  Para. 

For  the  first  time  in  her  career 
Mary  Pickford  will  make  a  week's 
personal  appearance  at  the  New  York 
Paramount  under  a  deal  closed  with 
her,  Dennis  F.  O'Brien,  her  attorney, 
and   Sam   Dembow,   Jr.     She  goes   in 

(Continued  on  page    10) 


Cohn  and  Schaefer  Long 
On  Optimism  for  New  Year 


By  JACK   COHN 
Vice-President,  Columbia 

If  recovery  continues  at  the  present 

rate,  1934  should  prove  a  banner  year 

for     the    entire 

industry.       A  1 1 

indications      for 

/  'Hk         the  new  year  af- 

/  ^m         ford  greater  en- 

»  /^''ts    Hk       c  o  u  r  a  g  e  m  e  n  t 

than     has     been 

apparent     in     a 

long  time. 

Large      num- 
bers,    strangers 
to     the     theatre 
through    having 
long  been  out  of 
work,     have 
a  g  a  i  n    m  a  d  e 
their  presence 
felt  at  the  box-office  with  the  increas- 
ing   si)read    of    re-employment.      This 
already   has   proven  a  stimulating  in- 

(Continued  on  page    10) 


By   GEORGE  J.  SCHAEFER 
General  Manager,  Paramount 

A.S  we  near  the  he<^inning  of 
1934,  it  is  obvious  that  an  ever- 
f,r  1-  o  vv  i  n  <? 
spirit  of  op- 
timism ani- 
mates the 
nil)lic.  I  con- 
fidently 1)6- 
ieve  that  the 
ndustry,  al- 
ways close 
to  the  lives 
of  the  i^eo- 
l)lc',  will  he 
the  first  of 
the  major 
industries    to     feel    a     favorahle 

(Continued  on   page    10) 


Wages  Puzzle 
To  Non-Union 
Theatre  Code 


Hazy  About  "Prevailing" 
Scales  Under  Code 

Application  of  the  code's  minimum 
wage  and  maximum  hour  provisions 
to  theatre  employes  where  non-union 
labor  is  employed  and  where  no  "pre- 
vailing" wage  scale  existed  as  of  last 
Aug.  23  is  puzzling  scores  of  exhibi- 
tors and  may  present  the  first  arbitra- 
tion problem  under  the  code  in  many 
situations. 

The  code  establishes  the  "prevail- 
ing" scale  and  hours  in  effect  on 
Aug.  23  of  this  year  as  the  basis  for 
minimum  wages  and  maximum  hours 
for  theatre  employes;  this  "prevailing" 
scale  to  be  determined  in  case  of  a 
dispute  by  the  wages  and  hours  in 
effect  in  the  same  class  of  theatres  in 
the  same  locality.  Since  the  code  be- 
came effective,  however,  a  number  of 
situations  have  been  discovered  where 
exhibitors  employ  non-union  labor  and 
(Continued  on  page  4) 


Last  Code  Authority 
One  of  Three  Women 

Choice  of  the  third  and  last  gov- 
ernment representative  on  the  Code 
Authority  now  centers  around  one  of 
three  prominent  women  at  present 
identified  with  government  activities 
but  not  affiliated  with  the  industry. 
Motion  Picture  Daily  learns.  She 
will  be  named  either  today  or  tomor- 

(Continucd  on  page  ■)) 


Randel  Sees  ''Tough" 
Year  on  Film  Board 

"There  is  a  tough  year  ahead," 
Henry  Randel,  Brooklyn  Paraninint 
exchange  manager  and  president-elect 

(Continued   o)i   page    10) 


Mail  Code  Forms 

Washington,  Dec.  17. — Spe- 
cial printed  forms  for  ap- 
proving the  industry  code  are 
being  mailed  to  12,000  ex- 
hibitors throughout  the  coun- 
try, each  independent  ex- 
change, executive  heads  of 
the  major  distributing  and 
producing  companies,  circuit 
officials  and  various  theatre 
units  by  Deputy  Administra- 
tor Sol  A.  Rosenblatt.  All 
parties  have  until  Ian.  10  to 
sign  and  reap  the  benefits  of 
the  code's  provisions. 


MOTION  PICTURE 

DAILY 


Monday,   December    18,    1933 


MOTION  PICTURE 

DAILY 

(Registered   U.   S.   Patent  Office) 


\ol.   34 


Deccml.or    IS,    I'i.!.? 


Xo.    142 


Mastin  Quicley 
Editor-in-Chief  and  Publisher 


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;  Colvm  Brown, 
Vice-President  and  Treasurer. 

Publication  Office;  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "(Juigpubco,  New  York."  All  con- 
tents copyrighted  1933  by  Motion  Picture 
Daily,  Inc.  Address  all  correspondence  to 
the  New  York  Office.  Other  Quigley  pub- 
lications: MOTION  PICTURE  HERALD, 
BETTER  THEATRES,  THE  MOTION 
PI'TL'RE  ALMANAC  and  THE  CUI- 
CAC.OAN. 

Holly  wod  Bureau:  Pacific  States  Lite 
Building,  \ine  and  Yucca  Streets,  l/ictor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edtvtn  S.  Ctiifard. 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelbof,  Kaiserin-AuKUStastrasse  28,  Joachim 
K.  Rutenberg.  i<epresentative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti.  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi. 
Representative. 

Entered  as  second  class  matter  January 
4,  1926  at  the  Post  Office  at  New  York 
City,   N.   v.,  under  Act  of   March   3,    1879. 

Subscription  rates  per  year:  $6  in  the 
Americas,  except  Canada  $15  and  foreign 
$12.      Single   copies:    10   cents. 


Fay  Wray  in  ''Villa" 

Hoi.Lvwooii.  Ucc.  17. — Following  a 
three-week  search  for  a  leading 
woman  to  replace  Mona  Maris  in 
"Viva  Villa,"  M-G-M  has  signed  Fay 
Wray  for  the  role. 

The  assignment  completes  the  cast 
switches  in  the  film,  which  has  been 
jinxed  ever  since  the  Lee  Tracy  epi- 
sode  in    Mexico. 


DuWorld  Gets  Trojan 

DuW'orld  Pictures,  Inc.,  has  taken 
over  foreign  distribution  of  Trojan 
Pictures'  "Shaxlow  i-aughs,"  starring 
Rose  Hobart  and  Hal  Skelly,  and 
"Big  Town,"  featuring  Lester  Vail 
and  Frances  Dade. 


"Christina"  for  Astor 

"Queen  Christina"  opens  at  the 
Astor  Dec.  27  on  a  two-a-day  plan. 
"Eskimo"  closed  last  night  and 
the  house  will  remain  dark  for  10 
days. 


BOOK  EM 


Some  Films  Here 
Cost  Less  —  Glett 


v 


ONE    EVERY  X'^'n'j^'' 

MOKTU KJ7^^i. 


BIID'N  BEN 


12-3  REEL  WE/TERNX 


FIRST     BCLCASE 


rCIRL  TROUBLE  DEC  I5t 

ASTOR    PICTURES   CORPORATION  i 

630    Ninth    Avenue  New   Ywk 

(Exchanges  Everywhere) 


Pictures  budgeted  at  $100,000  and 
up  can  be  produced  in  the  east  with 
greater  economy  tiian  on  the  west 
coast,  according  to  Charles  L.  Glett, 
sales  manager  of  Freuler  Film  Asso- 
ciates. Hollywood,  however,  con- 
tinues as  the  cheapest  base  of  oper- 
ations for  tiie  small  producer  whose 
pictures  are  budgeted  at  a  ma.xinium 
of  approximately  $50,000,  he  said, 
largely  because  it  offers  a  wider 
selection  of  players  to  meet  the  needs 
of  such  producers. 

Glett  said  that  the  producer  who 
can  turn  out  an  acceptable  picture  in 
Hollywood  for  $50,000  would  have 
difficulty  duplicating  the  picture  in  the 
east  for  that  amount  because  avail- 
able talent  here  is  too  costly  for  the 
small  producer's  purposes.  To  import 
his  casts  from  Hollywood  and  pay 
traveling  and  resident  expenses  here 
would  more  than  eat  up  any  saving 
lie  could  realize  from  other  phases  of 
eastern  production  which  offer  econo- 
mies, he  said. 

"The  small  producer  in  Holly- 
wood," Glett  pointed  out,  "is  in  a 
position  to  pick  up  a  'name'  player 
for  a  few  days'  work  at  almost  any 
time,  fitting  in  with  low  budget  re- 
quirements. The  same  opportunity, 
within  the  same  cost,  isn't  there  for 
him   vet   in   the  east." 


Blind  Pick  Film  Stars 

P)liiid  persons  who  have  been  at- 
tending Brooklyn  theatres  on  passes 
furnished  through  the  efforts  of  the 
Brooklyn  .Association  for  Improving 
the  Condition  of  the  Poor  have  their 
favorites  the  same  as  those  who  see. 
Their  choices  are  based  entirely  on 
the  sounds  of  voices  and  the  personali- 
ties they  build  up  through  their  imagi- 
nations. Lionel  Barrymore  and  Marie 
rOressler  lead  the  list,  with  John  Bar- 
rymore and  Helen  Hayes  runners-up. 
Others  well  up  in  the  voting  are 
George  Arliss,  Wallace  Beery.  Will 
Rogers,  Walter  Huston,  Warner  Bax- 
ter and  Clark  Gable. 


''U"  Shutdown  Complete 

Hollywood,  Dec.  17.  —  Shutdown 
of  the  Universal  studio  is  complete, 
except  for  writers.  Ken  Maynard's 
"Honor  of  the  West"  has  been  post- 
poned until  Jan.  9.  "The  Great 
Ziegfeld"  will  not  go  into  production 
until    March. 


Features  in  Work 
Total  36  on  Coast 


(Continued  from  page   1) 

M-G-M  follow  closely  with  seven 
each  in  w'ork.  The  former  has  two 
in  preparation  and  two  cutting,  while 
M-G-M  reports  three  preparing  and 
10  in  the  cutting  rooms.  Fox  has  five, 
five  and  four ;  Columbia,  three,  two 
and  five ;  RKO,  one,  two  and  eight ; 
United  Artists,  one,  zero  and  four ; 
Universal,  zero,  zero  and  two.  Inde- 
pendent producers  reixart  four  work- 
ing, three  preparing  and  five  cutting. 
In  the  short  subject  division  Roach 
reports  three  working,  three  prepar- 
ing and  four  cutting;  M-G-M,  one, 
one  and  two ;  Columbia,  one,  two  and 
one ;  Universal,  zero,  zero  and  two ; 
RKO,  zero,  two  and  four.  Indepen- 
dent group  shows  seven,  five  and 
eight. 


Baltimore  Editor 
Hits  Censor  Board 

Baltimore,  Dec.  17. — An  attack  on 
the  Maryland  Censor  Board  by  the 
Baltimore  Ei'cning  Sun  has  resulted 
from  the  court  defeat  sustained  by  the 
board  over  its  rejection  of  "Blood 
Money."  The  censors  rejected  the  pic- 
ture in  its  entirety  and  United  Artists 
took  the  matter  into  the  City  Court. 
Chief  Judge  Dennis  permitted  the 
showing  of  the  film. 

Next  day  the  Sun  editorially  com- 
mented on  the  fact  that  every  other 
censor  board  in  the  country  had  passed 
the  picture  and  continued :  "When  a 
jurist  as  level-headed  as  Chief  Judge 
Dennis  finds  fault  with  an  arbitrary 
decision  such  as  the  censors  made,  it 
would  be  high  time,  one  would 
imagine,  that  the  members  of  the 
board  pull  themselves  together  and  try 
to  reflect  the  attitude  of  the  adult, 
civilized  public  in  Baltimore  and 
Maryland. 

"If  such  monkey  shines  are  con- 
tinued, then  it  will  be  time  for  Gov- 
ernor Ritchie  to  call  for  the  resigna- 
tion of  all  members  of  the  board,  and, 
if  we  must  have  censors,  appoint 
others  in  their  places." 


Warners  Darken  Four 

Milwaukee,  Dec.  17. — In  addition 
to  its  Capitol  in  Madison,  Warners 
have  closed  the  Retlaw  in  Fond  du 
Lac,  the  Venetiian  in  Racine  and  the 
Kosciuszko  in  Milwaukee.  Several 
of  the  houses  are  expected  to  reopen 
Dec.  24. 


Market  Slips—Trading  Light 


High 

Consolidated    Film    Industries 2J4 

Consolidated    Film    Industries,    pfd 9M 

Eastman     Kodak gQi/ 

Fox  Film  "A" ;y.;:'.;;;;;::  w/^ 

l-oew  s    Inc •jii/; 

Mc-M.  pfd :::::'.:.:::::  \m 

Pathe    Exchange jsz 

F'athe    Exchange    "A" ii 

RKO :::::::::;::::  k 

Warner    Bros 53^ 


Low 

2'A 
934 

79 

14 

18 
Wi 
11 

5*4 


Close 

2^ 

m 
79 

14 
i\ 
18 

Wi 
II 

2V» 


Technicolor  Off  %  on  Curb 


Technicolor 


High      Low      Close 

.     9y^  9  9 


Warner  Bros.  Bonds  Off  l^/ 


High 

fJencral  Theatre  K<|uipmcnt  6s  '40 i'/^ 

General  Tlicatre   Equipment  6s   '40,  ctf 2M 

Keith    B.    F.   6s   '¥, ; '.  50 

I.f«fw's  ijs   '41    WW   deb   rights 82 

Paramount    F.    L.  6s   '47 2Sii 

Paramount   Publix   S'/js  '50 29 

Warner   Bros   6s   '39  wd 40'/^ 


Low 

2% 
2H 

SO 

82 

2854 

28J4 

.» 


close 

3 

2Va 
SO 
82 
2854 
29 
3954 


Net 
Chcinge 

-  54 
-t-  'A 
-254 
-'A 
~  H 
-54 
-'A 
-VA 
+  A 

—  V. 


Net 
Change 

-  A 


Net 
Change 


Sales 

100 

100 

400 

.SOO 

1,800 

200 

1,300 

1,400 

100 

300 


Sales 

300 


Sale 


-m 


i  Purely 
Personal  ► 


ROY  Mack  found  himself  in  the 
middle  of  a  surprise  birthday 
party  at  the  Vitaphone  studio  the  other 
day.  Principal  thrill  was  the  resurrec- 
tion of  an  old  photo  of  the  director- 
whose  burning  ambition  now  is  to  dis-j 
cover  who  dug  it  up  and  how.  I 

Charles  Reed  Jones,  advertising 
representative  for  several  independent 
producers  and  distributors,  wants  it 
known  that  he  was  very  much  present 
at  J.  J.  McCarthy's  conference  with 
independent  ad  men  last  week.  His 
name  was  inadvertently  omitted  from 
the  list  of  conferees. 

Henry  J.  Reiner,  formerly  with' 
National  Screen  Service,  heads  the 
sales  staff  of  the  newly  formed  Her- 
bert Z.  Given  Co.,  Inc..  and  G.  1 1. 
FJalrymple,  until  recently  with  Krim- 
sky-Cochran,  is  handling  advertising 
and  publicity. 

Enrique  Baez,  U.  A.  general  man- 
ager in  Brazil,  left  Saturday  to  spend 
the  Christmas  holidays  with  hi~ 
family  in  Havana.  He  will  continui 
from  there  to  Brazil. 

Jack  White,  who  personally  pro- 
duced "Popping  the  Cork"  with  Mil- 
ton Berle  for  Educational,  is  look 
ing  around  for  material  for  his  next 
season's    program. 

Gilbert  Golden  is  now  editor  01 
Warners'  merchandising  campaigns 
and  Leo  Blumberg  is  in  charge  of  the 
company's  exploitation  section  of 
press  books. 

E.  H.  Allen,  Educational's  produc- '' 
tion   chief    on    the    coast,    is    in    New 
York     conferring     with     Earle     W 

Hammons. 

Jules  Rieff  has  joined  Columbia 
as  eastern  division  booker  and  has  left! 
for  Buffalo.  He  was  formerly  officej 
manager  for  U.  A.  in  Cincinnati. 

Claire  Trevor,  young  Fox  player, 
has    arrived    in    town    to    spend    the 
Christmas    holidays    with    her    family  j 
at  Larchmont.  ' 

James  J.   Finn,  editor  of  Interna- 
tional  Projectionist,    leaves    by    pla 
for   the   coast   today  and  will   returij 
within  a  week. 

Pandro  Berman,  associate  producj 
for  Radio,  sailed  on  the  He  de  Fran 
Saturday    for    a    month's    vacationj 
Europe. 

Arnold  Van  Leer,  Columbia's  ex- 
ploiteer,  has  been  appointed  a  deputy 
sherifT  by  Sheriff  Higgins  of  New  ^ 
York  County. 

Al  CHRis'nE  and  Mrs.  Christ 
have  gone  to  Miami  to  spend  Chris 
mas. 

Harry  Brand,  in  charge  of  coa 
publicity  for  20th  Century,  left  fd 
Hollywood   Saturday. 

Abe    Lyman    and    his    band    star 
today  on  a  third  Vitaphone  short. 

Toby  and   Pat  Wing  arrive  from 
Hollywood  today. 


A  FINAL  WORD  TO  THEATRES 
PLAYING  "LIHLE  WOMEN" 
DURING  THE  HOLIDAYS! 


With  interest  nation  wide,  you  would  probably  play  to  exceptional  business  iff 
you  brought  ''Little  Women''  in  on  gum-shoes . . .  but  no  showman  is  going  to 
be  so  foolish  as  to  pick  his  own  pocket  or  rob  his  own  Christmas  stocking. 


Sure,  the  holidays  are  always  good  for  show  business  . . .  but  you'll  never  know 
how  good  they  can  be  until  you  shoot  the  works  for  ''Little  Women"  and  get 
the  final  count  up!  We've  told  you  there  were  millions  of  dollars  of  "earmarked  " 
money  waiting  for  this  show  and  toppling  records,  extended  runs  and  soaring 
grosses  have  proven  it! 

The  holidays  are  going  to  be  sensational  for  showmen  smart  enough  to  realize 
that  "the  better  the  day,  the  better  the  deed"  .  . .  and  that  "the  more  fertile 
the  soil,  the  more  abundant  the  harvest"  .  .  .  Don't  be  satisfied  just  because 
the  holidays  are  always  good  .  .  .  get  the  Velvet  by  going  after  that  "ear- 
marked" money! 

This  week,  before  they  close,  make  your  school  contacts  .  .  .  everywhere  edu- 
cators have  been  eager  to  cooperate  with  theatres!  Start  your  advance  adver- 
tising NOW  in  the  newspapers . . .  make  yours  the  one  theatre  the  whole  family 
will  want  to  attend  during  the  holidays!  Do  your  posting  now  to  get  them  talk- 
ing about  it  for  anticipation  of  a  coming  event  is  a  showman's  greatest  asset! 
Open  your  doors  earlier  .  .  .  give  extra  shows  .  .  .  advertise  as  you  have  never 
advertised  before  .  .  .  the  money  is  there  waiting  for  you  .  .  .  it's  "earmarked" 
for  "Little  Women''  .  .  .  nothing  else  will  get  it ...  If  you  don't  get  it  by  going 
after  it  you're  just  robbing  your  own  Christmas  stocking. 


MOTION  PICTURE 

DAILY 


Monday,  December   18,    1933 


Wages  Puzzle 
To  Non-Union 
Theatre  Code 


(Continued  from  fatie   1) 

have  no  immediate  competition  which 
would  establish  a  "prevailing"  wage 
and  hour  scale  for  their  territories. 
Exhibitors  in  such  situations  are  now 
inquiring  as  to  their  obligations  under 
the  code.  Their  own  scale,  they  main- 
tain, is  and  has  been  the  only  "pre- 
vailing" one  in  their  localities.  Are 
they  obligated  to  make  any  changes, 
they  want  to  know. 

The  code  provides  that  any  theatre 
employes  not  provided  for  in  other 
sections  of  the  labor  provisions  must 
be  paid  a  minimum  of  40  cents  per 
hour.  Some  unorganized  classes  of 
employes,  however,  have  petitioned  for 
a  higher  schedule  of  wages,  more 
nearly  corresponding  to  organized  la- 
bor's scales  in  efifect  last  August.  In 
the  meantime,  most  exhibitors  in  such 
situations  are  maintaining  the  40  cents 
minimum  until  formal  complaints  have 
been  made  and  a  ruling  results  from 
an  arbitration  board.  Indications  are 
that  many  such  disputes  will  develop 
for  arbitration  and  numbers  of  them 
will  undoubtedly  be  carried  to  the 
.Administrator  for  ultimate  settlement, 
as  provided  by  the  code  in  the  event 
the  arbitrators  cannot  agree. 

The  situation  is  also  seen  by  many 
exhibitors  as  contributing  to  organiza- 
tion of  theatre  employes  in  presently 
unorganized  localities. 


Last  Code  Authority 
One  of  Three  Women 

(^Continued  from  page   1) 

row  by  Deputy  Administrator  Sol  A. 
Rosenblatt,  who  arrives  from  Wash- 
ington tomorrow  for  preliminary 
work  on  the  initial  session  of  the 
Code  -Authority,  scheduled  for  the 
Bar  Association  Building  Wednesday 
afternoon. 

Following  the  first  meeting,  perma- 
nent headquarters  will  be  established 
in  New  York.  A  paid  secretary  will 
be  in  charge  of  the  office  here  and 
this  is  expected  to  be  completed  within 
the  next  10  days. 

Selection  of  names  for  the  32  clear- 
ance and  zoning  boards  will  not  be 
completed  and  announced  for  about 
another  month.  It  is  understood 
Charles  L.  O'Reilly,  a  member  of  the 
authority,  has  been  enlisted  by  Rosen- 
blatt to  assist  in  the  selection  of  the 
various  boards'  names  throughout  the 
country. 

Rosenblatt  is  expected  to  be  elected 
chairman  of  the  Code  Authority  on 
Wednesday. 


Kent  Delayed  on  Coast 

Delayed  on  the  coast,  Sidney  R. 
Kent,  president  of  Fox,  will  not  re- 
turn until  after  the  first  meeting  of 
the  Code  Authority  in  New  York  on 
Wednesday.  Kent  is  due  Dec.  24  and 
in  all  probability  will  be  represented 
by  W.  C.  Michel,  vice-president  of 
Fox,  as  alternate  at  the  authority 
session. 


Md.  M.P.T.O.  0.K:8  Code 

Baltimore,  Dec.  17. — Frank  A. 
Hornig,  president  of  the  M.  P.  T.  O. 
of  Maryland,  announced  Saturday  his 
organization  has  approved  the  code 
as  it  .stands. 


Looking  ^Em  Over 


'^Secret  Sinners" 

(Syndicate) 

Good  li^lit  entertainment.  Some  of  the  well  known  names  in  the  cast- 
Bert  Roach  and  Natalie  Moorhead — play  only  very  short  bits,  but  the 
story  holds  together  and  probably  will  have  flapper  appeal. 

Cecelia  Parker,  Iowa  girl  doing  housework  in  a  theatrical  boarding 
house  until  she  can  get  a  job  on  the  stage,  meets  Sue  Carol,  chorine, 
who  is  in  love  with  Nick  Stuart,  young  song  writer.  Miss  Carol  gets 
the  Iowa  girl  a  job  in  the  chorus  and  by  chance  they  meet  Jack  Mulhall 
outside  the  stage  door. 

Mulhall's  interest  in  Miss  Parker  is  so  keen  he  buys  a  music  publish- 
ing house  for  Stuart  and  the  quartet  gets  along  well  until  Miss  Parker 
learns  at  a  night  club  that  Mulhall  is  married  to  Miss  Moorhead.  The 
fact  that  he  is  being  held  up  for  a  half  million  as  the  price  of  a  divorce 
doesn't  count  and  she  goes  out  riding  with  a  Broadway  playboy  to  show 
her  resentment. 

An  automobile  accident  in  which  Miss  Parker  is  injured  brings  them 
together  again. 

Mulhall  practically  dominates  the  picture,  although  Miss  Carol  and 
Stuart  are  attractive  as  boy  and  girl  sweethearts. 


'He  Couldn't  Take  It" 

(Monogram) 

Ray  Walker  is  up  to  his  usual  tricks  as  a  hard-boiled  fighting  man  in 
a  fairly  amusing  picture.  Virginia  Cherrill  turns  in  a  convincing  per- 
formance and  George  Stone  steals  most  of  the  picture  as  Walker's 
buddy. 

The  story  concerns  a  hot-headed  youngster  who  is  continually  losing 
his  job  because  of  a  quick  temper  and  ever  ready  fists.  He  finally  winds 
up  working  as  a  process  server  in  a  law  office.  While  there  he  is  drafted 
by  the  district  attorney's  office  to  aid  in  the  city's  war  against  racketeers, 
and  is  given  two  subpoenas  to  serve  on  two  gang-lords  of  the  town. 
The  difficulties  into  which  he  gets  himself,  and  his  escapes  afford  some 
amusement.  But  Walker,  with  the  help  of  Stone,  finally  serves  both 
culprits  with  the  warrants,  unmasks  the  villains  and  wins  the  forgiveness 
and  hand  of  Virginia  Cherrill. 

Most  amusing  scene  in  the  picture  is  the  final  one,  in  which  Miss 
Cherrill,  thinking  she  is  being  arrested,  is  led  into  the  marriage  license 
bureau  by  two  detectives. 


''Hell  and  High  Water" 

(Paramount) 

Quite  a  number  of  laughs  are  provided  in  this  tangy  tale  of  the 
garbage  king  of  the  navy  whose  ambition  is  to  save  his  money  and 
get  ahead.  This  is  all  inspired  by  radio  talks,  but  when  it  comes  down 
to  brass  tacks,  the  hero  finds  it  doesn't  work  out  as  etherized. 

Matsui,  a  Japanese,  supplies  most  of  the  comedy  with  Charles  Grape- 
win  running  a  close  second.  Richard  Arlen  as  the  refuse  collector  who 
rescues  Judith  Allen  from  the  miry  waters  and  marries  her  after  many 
arguments  does  pleasing  work.  Sir  Guy  Standing,  Robert  Knettles, 
Gertrude  Hoffman  and  the  rest  of  the  cast  lend  able  support  to  this 
frothy   romance  of  the  waterfront. 


MOTION  PICTURE  DAILYS 
HOLLYWOOD  PREVIEW 


'Moulin  Rouge* 


(ZOth  Cenlury-U.  A.) 

Hollywood,  Dec.  17. — Here  is  a  Franco-American  highball,  lively 
with  farcical  nuance  and  a  main  situation  not  too  risque,  but  modernly 
clever. 

With  the  idea  that  a  husband's  falling  in  love  with  another  woman 
who  really  is  his  own  wife  makes  for  romantic  and  juicy  complications, 
the  producers  have  embroidered  this  central  design  with  musical  num- 
bers, and  laid  it  midst  lavish  settings.  Constance  Bennett  plays  the  wife 
of  an  author  who  wants  a  stage  career.  Her  husband,  Franchot  Tone, 
protests,  and  their  romance  gets  rocky.  By  fortuitous  circumstances. 
Miss  Bennett  is  able  to  take  the  place  of  Raquel,  an  imported  French 
star  who  at  one  time  was  her  sister  in  vaudeville.     When  her  husband 

(Continued  on  page   10) 


Federal  Aid 
Planned  for 
Code  Boards 


(.Continued  from  page  1) 

tained,  or  wherever  it  needs  the  aid 
of  Government  machinery.  While  not 
itself  equipped  with  enforcement 
powers,  the  new  Federal  district  sys- 
tem is  designed  to  deal  with  cases  of 
noncompliance  with  industry  codes 
arising  from  misunderstandings  and  to 
initiate  prompt  prosecution  by  proper 
Government  agencies  of  wilful  non-' 
compliance  with  codes. 

As  the  basis  of  the  plan  26  distric 
compliance  directors  have  been  name^ 
already,  and  these  will  eventually  be 
supplemented  by  at  least  48  state  di- 
rectors.  In  certain  large  states,  branch^ 
offices   will   be   established   with   addi- 
tional directors  as  the  need  arises.  I^ 
addition,  each   state  will  have  an  ad 
justment  board  working  with  the  dij 
rector ;  the  board  to  consist  of  a  rep 
resentative  of  the  public,  a  representa^ 
tive  of  industry  and  one  of  labor. 

Complaints  brought  to  state  direc-l 
tors  under  qualified  circumstances,] 
which  cannot  be  adjusted  by  them,' 
may  be  taken  to  state  adjustment 
boards.  If  no  settlement  can  be 
reached  by  such  boards,  the  com- 
plaint goes  to  the  NRA  in  Washing- 
ton to  be  referred  to  the  code 
authority  of  the  industry  involved. 
In  the  case  of  the  film  industry  such 
complaints  of  code  violations  could 
originate  only  where  local  grievance 
or  clearance  and  zoning  boards  are 
not  in  operation  at  the  time  of  the 
alleged  code  violation  or  in  localities 
where  the  headquarters  of  the  state 
or  district  boards  are  more  con- 
venient to  the  complainant  than  those 
of  the  local  film  code  boards. 

The  NRA's  state  and  district  boards 
would  have  jurisdiction  over  film  code 
violations  arising  in  any  locality  during 
the  period  from  Dec.  7,  the  date  on 
which  the  code  went  into  effect,  until 
the  time  when  the  local  boards  arc 
organized  and  operating.  It  may  re- 
quire another  month  or  six  weeks 
before  this  has  been  realized. 

Cases  which  cannot  be  settled  by 
the  Code  Authority  will  be  referred 
to  the  National  NRA  Compliance 
Board,  which,  in  turn,  may  refer 
them  to  the  Attorney  General  or  the 
Federal  Trade  Commission  for  set- 
tlement. 

Steffes  to  Sign  Code 

Minneapolis,  Dec.  17. — W.  A. 
Steffes  personally  will  sign  the  code 
under  protest.  He  said  as  much  here 
yesterday  following  the  close  of  the 
Allied  meeting. 

What  he  told  those  present  at  the 
meeting  was  not  disclosed. 


Goldwyn  to  Come  East 

Hollywood,  Dec.  17.— Sam  Gold- 
wyn plans  to  leave  for  New  York 
around  the  first  of  the  year  for  his 
annual  business  conferences  at  the 
home  office.  There  is  some  talk  of 
Goldwyn  suspending  all  production 
activity  until   April    1. 


Resume  M.P.  Club  Dining 

Dining  will  be  resumed  at  the  M. 
P.  Club  on  Dec.  20.  The  dining  room 
will  be  under  the  direction  of  Henry 
Stein  of  the  Preakness  Country  Club. 


..•^?v^is!^■J•^i;v.y^A«S(>;;v';5?^  ■ 


Certainly  "His  Nibs"  is  turning  handsprings, 
a  Few  nip  -  ups,  too. 

"His  Nibs,"  by  the  way,  the  limber  little  fellow  to  your  left,  is  a  guy 
you'll  see  a  lot  of  from  now  on.  He'll  tell  you,  when  the  mood  seizes 
him,  about  Majestic  pictures.  Majestic  bookings,  Majestic  stars, 
Majestic  progress  as  one  of  the  leading  companies  of  the  business. 


He's  pleased,  and  so  are  we,  because  Majestic  has  two  swell  pic- 
tures on  Broadway  the  same  week. 


THE  SIN 
OF  NORA  MORAN 

Opened  Big 

At  Warners'  Strand  Theatre 
Tuesday,  Dec.  12th 


THE  CHARMING 
DECEIVER 

Premiered 

At  the  7th  Ave.  Roxy 
Friday,  Dec  8th 


AND 

Hete  are  a  few  more  reitont  for  •  little  d«neing  in  the  ilrccts: 


"You  Made  Me  Love 
You,"  starring  Thelma 
Todd,  booked  by  the  Roxy 
for  January  dating. 


"The  Sin  of  Nora  Moran," 
opens  at  Warners'  Fabian, 
Dec.  1 5th. 


"TheCharming  Deceiver," 
starring  Constance  Cum- 
mings,  opens  at  Fox  The- 
atre, Brooklyn,  Dec.  15th. 


"You  Made  Me  Love 
You,"  opens  at  Warners' 
Branford,  Dec.  15th. 


"You  Made  Me  Love 
You,"  and  "Curtain  at 
Eight,"  opens  at  Fox  The- 
atre, St.  Louis,  Dec.  22nd. 


MAJESTIC    PICTURES    CORPORATION 


Herman   Gluckman,   President 
R-K-O  Buildins      :  :      Radio  City 


N.  y. 


-ka 


FAY  WRAY 
NILS  ASTHER 

Edward  Arnold,  John  Miljan  and  others.  Screen- 
play by  William  Hurlbut.  Original  by  Max 
Kimmich,  Johannes  Brandy  Joseph  Than.  Pro- 
duced by  Carl  Laemmie,  Jr.  Directed  by  Karl 
Freund.  Presented  by  Carl  Laemmle. 

Associate  Producer,  Edmund  Grainger. 


BEAUTIFUL 

—  but  Jianaetau^I 

ADORABLE 

—  put  Jiecedrut! 

GLAMOROUS 


put  tteaclte 


tou^i 


uet  Tct^t  aud 

lad  ot  all  — 

A  WOMAN 


v^,.^^t'.^,^-<,^^^ 


Clf:.  y 


'\^.- 


MOTION  PICTURE 

DAILY 


Monday,   December    18,    1933 


Chicago  Puts 
^  Women'  Take 
Up  to  $34,500 


Chicago,  Dec.  17.— "Little  Women" 
lived  up  to  advance  expectations  and 
scored  the  big  take  in  the  Loop  last 
week,  shooting  the  gross  at  the  RKO 
Palace  up  to  $34,500.  It  was  held 
over — a  thing  that  happens  once  in  a 
blue  moon. 

Business  generally  was  strong,  the 
e.xception  benig  the  take  at  the  Chi- 
cago, which  slipped  to  §32,000  with 
"Hoopla"  and  a  stage  show  featuring 
the  WLS  barn  dance  entertainers. 
.^gainst  this  decline  "Only  Yesterday" 
hit  $1S,500  at  McVickers  and  B.  &  K. 
promptly  held  it  over  for  a  second 
week. 

"Dancing  Lady,"  after  a  week  at 
the  Chicago,  came  through  strong  with 
$15,300  for  a  second  week  at  the  50- 
cent  top  Roosevelt. 

Total  first  run  business  was  $123.- 
300.  Average  is  $120,000. 

Estimated  takings  : 

Week  Ending  Dec.  5: 
"ONLY    YESTERDAY"    (Univ.) 

.McVICKERS  (2.284J.  30c-40c-60c.  7  days. 
Gross:     $1S.5CM).     (Average,    $1.!.000.) 

"FOOTLIGHT  PARADE"   (Warners) 

URIENT.VL- (3.940),  30c-4()c-60c,  3rd 
week.  7  davs.  Gross:  $14,000.  (Average, 
S23,0(».) 

'PRIVATE    LIFE    OF    HENRY    VIII" 
(U.    A.) 

r.MTED  ART1STS-(1,700),  30c-40c-60c, 
2nd  week,  7  days.  Gross:  $11,000.  (Average. 
$17,000.) 

Week  Ending  Dec.  7: 

"HOOPLA"    (Fox) 

CHICAGO  (4.(XJ0l,  .?5c-50c-68c,  7  days. 
\VL.S  Harn  Oance  performers  on  stage. 
Gross:    $.?2.0m    (Average,   $34,600.) 

"LITTLE    WOMEN"    (Radio) 

l'AI.ACE-(2.509).  3.ic-50c-75c.  7  days 
Ken  -Murray.  Hudson  Wonders.  Alice  Dawn. 
Abbott  Hallet  on  stage.  Gross:  $34..SnO 
(Average.    S22.0(X).) 

"DANCING   LADY"    (M-G-M) 

ROCKSEVELT— (1,591),  25c-35c-50c,  7  days. 
Grcss:    $15.3(j0.    (Average,   $11,000.) 


"Women"  $14,500, 
Hit  in  Providence 

Providence,  Dec.  17. — The  big  noise 
in  town  last  week  was  "Little  Wo- 
men," which  dragged  the  RKO  Albee 
back  into  the  big  money  class,  netting 
$14,500.    It  was  held  over. 

Next  in  line  came  "The  Prizefighter 
and  the  Lady,"  Ixjew's,  which  was  a 
trifle  under  par,  but  not  bad  at  $11.- 
500.  This  offering,  however,  was 
heli)ed  by  the  stage  presentation  of 
"The  Student  Prince." 

Total  first  run  grosses  were  $47,300. 
Average   is  $40,500. 

l-'stimated  takings  for  the  week-end- 
ing Dec.  7 ; 

"THE    PRIZEFIGHTER    AND    THE 

LADY"    (M-G-M) 
I.OEW'S  .STATE— (3,800),  15c-40c,  7  days. 
"The    Student     Princf"    on     stage.      Gross: 
$1I,.SOO.    (Average,    $12,000.) 

"DUCK    SOUP"    (Para.) 
"BROKEN   DREAMS"    (Chesterfield) 
I'ARA.\If)I\T— (2,3(X)),     15c-40c,     7    days. 
Gross:    $7.fXXj     (Average,   $6,5r».) 

"JIMMY    AND    SALLY"    (Fox) 
FA  Y'S-(  1,600),     15c-40c,    7    days.     Karre 
I-e   Baron  heading  stage  bill.    Gross:  $rt,200. 
^Average.    $7,000.) 

"LITTLE    WOMEN"    (Radio) 
RKO     ALBEE-(2,.100),     15c-40c.     7     days. 
Gross:    $14,500.    (Average,    V.OfXl.) 
"THE    WORLD    CHANGES"    (Warners) 
"OLSEN'S    BIG    MOMENT"    (Fox) 
MAJE.STIC- (2,400;,       15c-40c.       7       days. 
Gross:    $7.(m.    CAvtTage.    $7,000.) 

"ONE    YEAR   LATER"    (AlUed) 
"WOLF  DOG"    (Mascot) 
KKO  VICTORY- (1,600).   10c-25c,   4  days. 
Gross:    $1,100.    (Average,   $1,000.) 


^' Women''  and 
\  ester  day'' 
Held  in  K.  C. 


ii' 


Kai\s.\s  City,  Dec.  17. — This  city 
is  having  the  unusual  experience  of 
lioldovers  at  two  first  runs.  "Little 
Women,"  with  $12,000  in  the  sock  for 
a  first  stanza,  is  in  its  second  week  at 
the  Mainstreet,  while  "Only  Yester- 
day" is  covering  the  same  distance  at 
the  Uptown,  having  pulled  $5,000  in 
the  first  seven  days. 

With  a  take  that  doubled  the  house's 
straight  film  average,  "Little  Women" 
is  proving  the  strongest  screen  at- 
traction the  Mainstreet  has  had  in 
n-jany  moons.  The  consensus  among 
the  theatre  men  is  either  of  the  two 
lioldovers  would  do  better  business 
witliout  competition  from  the  other, 
as  both  appeal  largely  to  the  same 
class  of  patrons. 

"The  Kennel  Murder  Case"  was  an 
average  draw  at  the  Newman,  while 
"i.enry  VIII,"  generally  credited  as 
one  of  the  finest  pictures  of  the  year, 
was  the  Midland's  frost. 

Total  for  the  week  was  $32,800. 
Average   is  $26,000. 

Estimated  takings : 

Week  Ending  Dec.  6: 

'LITTLE    WOMEN"    (Radio) 

MAINSTREET— (3,049).  25c-40c,   7yi  days. 
Gross:    $12,000.    (Average.    $6,000.) 
"KENNEL    MURDER    CASE"     (Warners) 

NEVV.MAN— (1.800).  25c-40c,  7  days,  plus 
.Saturday  midnight  sliow.  Gross:  $7,000. 
(Average.    $7.00;).) 

Week  Ending  Dec.  8: 
'■THE  PRIVATE  LIFE  OF  HENRY  VIII" 

(U.   A.) 

MIDLAND— (4.001)),  25c,  7  days,  plus 
Saturday  midnight  show.  Gross:  $8,800. 
(Average,  $10,000.) 

"ONLY    YESTERDAY"    (Univ.) 

L'PTOWN— (2.000),  2Sc-40c,  7  days. 
Gross:    $5.(X).).     (Average,    $3,000.) 


"Women"  Is  $8,000 
Indianapolis   Smash 

Indianapolis,  Dec.  17.  —  Little 
Women"  !)owled  'em  over  at  tlie  Cir- 
cle with  a  sensational  $8,000,  topping 
the  normal  take  by  |4.50().  It  was  held 
over. 

Every  other  first  run  was  below 
average.  Total  first  run  business  was 
$24,000.    Average  is  $24,500. 

Estimated  takings  for  the  week  end- 
ing Dec.  9 : 

"THE    INVISIBLE    MAN"    (Univ.) 

APOLLO     (1.10)).   25c-40c,   7   days.   Gross: 
$2,000.     (Average,    $2,500.) 

"LITTLE    WOMEN"    (Radio) 
CIRCLE-(2.8(K)),    2.5c-40c.    7    days.    Gross: 
$8,000.     (Average.    $.!.500.) 

"TAKE    A    CHANCE"    (Para.) 
IXniANA— (3..W)),   2.';c-55c,   7   days.    Stage 
show.    Grcss:    $5..SO0.    (Average,    $8,000.) 
"TILLIE    AND    GUS"    (Para.) 
LYRIC     (2,0(X)).     25c.40c.     7     davs.     Stage 
show.    Gross:     $4,5(X).     (Average.    $6,(J<X).) 
'SHOULD   LADIES    BEHAVE"    (M-G-M) 
PALACE-(3.000).   25c-40c,   7   days.   Gross: 
$4,0(X).    (Average,   $4,500.) 


Liberty  Readies  Second 

Hollywood,  Dec.  17.  —  "When 
Strangers  Meet,"  based  on  a  Zona 
Cale  story,  goes  into  production  soon 
as  the  second  on  a  schedule  of  eight 
to  be  produced  this  season  by  Liberty 
Pictures  Corp.,  the  new  M.  H.  Hoff- 
man company.  Budd  Rogers  is  in 
charge  of  sales. 


Page  Mr.  Ripley 

Believe  it  or  not,  but  Pathe 
News,  in  its  reel  No.  39,  is 
featuring  a  German  canary 
that  sings  "Yankee  Doodle." 
The  editors  will  even  produce 
affidavits  to  prove  the  bird's 
ability. 


Frisco  Gets 
$22,500  Take 
With  'Women' 


San  Francisco,  Dec.  17. — "Little 
Women"  had  them  standing  up  all 
week  at  the  Golden  Gate,  grossing 
$22,500,  the  best  take  for  this  house 
since  last  April  with  "King  Kong." 
The  mark  might  have  been  considera- 
bly higher,  had  not  the  house  reduced 
admission  charges  from  55  cents  to  40 
cents  the  week  before.  As  it  was,  it 
failed  by  several  thousand  of  hitting 
a  record.  It  stays  another  week,  and 
possibly  a  third. 

Other  houses  were  only  fair.  Mae 
West  closed  at  the  Embassy  with 
$5,400,  in  the  eighth  week.  With  two 
weeks  at  the  Paramount,  and  six  more 
at  the  Embassy,  "I'm  No  Angel"  took 
a  phenomenal  total  gross  of  $103,900. 
This  is  close  to  an  all-time  San  Fran- 
cisco record. 

Total  first  run  business  was  $89,400. 
Average  is  $83,000. 

Estimated  takings  : 

Week  Ending  Dec.  5: 

"CRADLE    SONG"    (Para.) 

COLUMBIA-(1,200),  50c-75c-$1.50,  two-a- 
day,  7  days.  Gross:  $7,000.  (Average.  $7,000.) 
"LITTLE  WOMEN"  (Radio) 

GOLDEN  GATE— (2,8l»),  25c-35c-40c,  7 
days.  Stage,  band.  Gross:  $22,500.  (Aver- 
age,   $13,000.) 

Week  Ending  Dec.  6: 
"I'M  NO  ANGEL" 

EMBASSY— (1.380).     ,TOc-40c-50c,     7     days, 
6tli    weel<.  Gross:  $5,4ftO.    (Average,  $4,000.) 
"JIMMY    AND    SALLY"    (Fox) 
"BEFORE    DAWN"     (Radio) 
ORPIIEUM— (3,000).    15c-35c-40c,    7    davs. 
Gross:     $8.(X)0.     (Average,    $9,000.) 

"MY   LIPS    BETRAY"    (Fox) 
WAR  FIELD— (2,700).       25c-35c-55c.65c-90c. 
7  days.    Stage,   band.     Gross:   $18,000.    (Aver- 
age, $iy.ooo.) 

"ABOVE    THE    CLOUDS"    (Col.) 
'HE   COULDN'T   TAKE    IT"    (Monogram) 
FOX  -(4.600).      10c-15c-2.Sc-3.5c,       7      days. 
Stage;    Ten    vaii<ie'villc    acts.    Gross:    $11,501, 
Average.    $9.0lfl. ) 

Week  Ending  Dec.  8: 

"BERKELEY    SQUARE"    (Fox) 

PARAMOUNT  -(2.670).    25c-35c-55c-75c,    7 
d,T  s.    Gross:     $8,000.     (Average,    $15,000.) 
"ADVICE    TO    THE   LOVELORN"    (U.A.) 

I'NITKD  ARTLSTS-(1.200).  25c-4Oc-S0c,  7 
days     Gross:    ,$8,500.    (Average.    $8,000.) 


"Little  Women"  Is 
Smash  in  Portland 

Portland,  Dec.  17. — "Little  Wo- 
men," in  its  initial  week  at  Hamrick's 
Music  Box,  broke  house  records  with 
an  intake  of  $14,000,  or  ahnost  five 
times  the  house  average.  It  is  on  for 
an  indefinite  run.  "Footlight  Parade," 
in  its  fifth  Portland  week,  was  trans- 
ferred to  the  Blue  Mouse,  scoring 
$3,000.    Normal    is   $2,000. 

"Dancing  Lady,"  at  the  Broadway, 
was  also  strong  in  its  second  week, 
maintaining  average.  In  its  first 
double  billing,  the  Paramount,  with 
"Duck  Soup"  and  "Worst  Woman  of 

(.Continued  on  page  9) 


Women"  Big 
Twin  Cities' 
Hit,  $14,000 


Minneapolis,  Dec.  17. — "Little  Wo- 
men" was  a  sensation  on  both  sides  of 
the  river  last  week,  piling  up  a  total 
gross  of  $14,000  for  the  two  spots. 
The  take  at  the  RKO  Orpheum  here 
was  $8,000,  over  normal  by  $2,500, 
and  at  the  Orpheum  in  St.  Paul  it 
was  $6,000,   up  by  $2,000. 

"Christopher  Bean"  was  also  strong, 
going  to  f8,000  at  the  Minneapolis 
!iere  and  to  $5,500  at  the  St.  Paul 
Paramount. 

Minneapolis'  five  theatres  grossed 
$24,800.  compared  with  a  $20,500  av- 
erage. St.  Paul's  quintet  did  $17,700. 
Average  is  $14,000. 

Estimated  takings  : 

Minneapolis: 
Week   Ending   Dec.   7: 

"COLLEGE    COACH"    (Warners) 

LYRIC  -(1,238).  JOc-25c,  7  days.  Gross: 
$L5G0.    (Average,    $1,500.) 

"CHRISTOPHER   BEAN"    (M-G-M) 

MINNESOTA— (4,0i)0),  25c-40c,  7  days. 
Grcss:    $8,000.     (Average,    $7,500.) 

Week  Ending  Dec.  8: 

'LITTLE    WOMEN"    (Radio) 

RKO  ORPHEUM— (2,900),  20c-40c.  7  days. 
Gross:    $8,000.    (Average,   $5,500.) 
"FEMALE"    (F.    N.) 
STATE— (2.300),     25c-4<X:,     7     days.     Mills 
Brothers    in    person.    Gross:    $6,000.     (Aver- 
age,   $5,500.) 

"BITTER    SWEET"    (U.    A.) 
WORLD— (400).    25c-75c,    7    davs.     Gross: 
$1,300.    (Average,    $1,200.) 

St.  Paul: 
Week   Ending   Dec.   8: 

"CHRISTOPHER    BEAN"    (M-G-M) 

PAKAMOUNT~(2,.iOO),  25c-4Qc,  7  days. 
Gross:    $5„S(y).    (Average.    $5,000.) 

'MEET   THE   BARON"    (M-G-M) 
RIVIERA— (1,200).  25c-40c,  7  days.  Gross: 
$3,500.     (Average.    $3,500.) 

"LITTLE   WOMEN"    (Radio) 
RKO  ORPHEUM— (2.600),  20c-40c.  7  days. 
Gross:    $6,000.    (Average.    $4,000.) 

"COLLEGE    COACH"    (Warners) 
TOWER-(l,00;i),    15c-25c,    4    davs.    Gross: 
$900.     (Average.    $800.) 

"OLSEN'S    BIG    MOMENT"    (Fox) 
TOWER-(1,000),    15c-25c,    3    days.    Gross: 
$8l!0.     (Average,    $700.) 

"RED-HEAD"     (State    Rights) 
WORLD~(.i0rf).    25c-7Sc,    7    days.    Gross: 
$1,000.     (Average.    $1,000.) 


"Duck  Soup"  Gets 
$7,000,  Oklahoma 

Oklahoma   City,   Dec.    17. — "Duck 
Soup"  was  the  outstanding  draw  here 
last   week.     It  went  to  $7,000  at  the        J 
Midwest,  topping  par  by  $3,000  on  an        I 
eight-day  run. 

"Christopher  Bean"  at  the  Criterion 
was  good  for  $6,800,  above  average 
by  $1,800.  Grossing  $3,500,  the  Capi- 
tol went  above  par  by  $500  with  , 
"Female."  The  Liberty  took  $2,200 
on  "The  Mad  Game"  and  "Olsen's 
Big  Moment." 

First  run  take  was  $19,500.     Aver- 
age is  $15,000. 

Estiinated  takings  for  the  week  end- 
ing Dec.  9 : 

"DUCK   SOUP"   (Para.) 

MIDWE.ST— (1.500),  10c -26c -36c -56c,  8  days. 
Gross:   $7,000.     (Average,   $4,000.) 

"CHRISTOPHER    BEAN"    (M-G-M) 

CRITERION— (1,700).     10c-20c-26c-36c-41c- 
56c,  7  days.  Gross:  $6,800.   (Average,  $5,000.) 
"FEMALE"   (F.  N.) 
CAPITOL— (1,200),     10c-20c-26c-35c-41c,     8 
days.     Gross:   $3,500,     (Average,   $3,000.) 
"THE  MAD  GAME"  (Fox) 
LIBERTY— (1,500),  10c-15c-26c-.36c.  4  days. 
Grcss:   $1,200.     (Average   week,  $3,000.) 
"OLSEN'S  BIG  MOMENT"   (Fox) 
LIBERTY— (1.500),  10c-15c-26c-.36c.  3  days. 
Gross:   $1,000.     (Average   week,   $3,000.) 


Monday,  December   18,   1933 


MOTION.  PICTURE 

DAILY 


Design''  Top 

In  Dull  Week 
On  the  Coast 


'Women \   'Only  Yesterday^ 
Hit  High  Spots  in  Seattle 


Los  Angeles,  Dec.  17.— Business 
continued  to  fade  last  week,  with  "De- 
sign for  Living"  the  only  thing  re- 
sembling a  real  draw.  It  took  $15,500 
in  its  second  week  at  the  Paramount, 
but  this  was  below  the  house  average 
by  $2,500. 

"You  Made  Me  Love  You,"  a  Ma- 
jestic feature,  took  $3,000  at  the  800- 
seat  Filmarte. 

"Roman  Scandals"  slid  off  to_$ll,- 
460  in  its  week  at  Grauman's  Chinese. 

Total  first  run  business  was  $95,079. 
Average  without  Pantages  and  the 
4  Star,  is  $93,400. 

Estimated  takings  for  the  week  end- 
ing Dec.  14: 

"ROMAN   SCANDALS"    (U.   A.) 

CHINESR-(2,50O),  50c-$1.65,  2nd  week, 
7  days.  Sid  Grauman  prologue.  Gross:  $11,- 
460.    (Average.   $14,000.) 

"MY  LIPS   BETRAY"   (Fox) 

LOEWS  STATE— (2,413),  25c-40c,  7  days. 
Gross:    $8,589.    (Average,   $14,000.) 

"DESIGN  FOR  LIVING"   (Para.) 

PARAMOUNT— (3,595),  25c-40c,  2nd  week, 
7  days.  Georgie  Stoll  and  his  orchestra, 
stage  show.  Gross:  $15,500.  (Average,  $18,- 
000.) 

"MAN'S    CASTLE"    (Col.) 

RKO— (2,700),  25c-40c.  2nd  week,  7  dai-s. 
Gross:    $3,700.    (Average.   $8,000.) 

"HAVANA   WIDOWS"    (F.    N.) 

WARNER  BROS.'  HOLLYWOOD— (3,- 
000),  25c-40c,  7  days.  Gross:  $10,000.  (Aver- 
age,  $14,000.) 

"HAVANA   WIDOWS"    (F.    N.) 

WARNER     BROS.'     IX)WNT0WJ«f-(3,- 
40O),   2Sc-40c,   7   days.    Gross:    $9,000.    (Aver- 
age.  $12,000.) 
"YOU  MADE  ME  LOVE  YOU"  (Majestic) 

FILM  AR,TE— (800),       40c-50c,      7      days 
Gross:    $3,000.    (Average.    $2,650.) 
"ELYSIA"   (Foy  Prod.) 

CRITERION— (1,610).  25c-40c,  3vd  week, 
7   davs.    Gross:    $9,500.    (Average,   $2,800.) 

"FURY    OF    THE    JUNGLE"    (Col.) 
"HE   COULDN'T   TAKE   IT"    (Monogram) 

LOS  ANGELES— (3,000).  15c-25c,  7  days. 
Gross:    $3,000.    (Average,    $3,700.) 

"COLLEGE    COACH"    (Warners) 
"WHITE    WOMAN"    (Para.) 

ORPHEUM— (2,200),  25c-35c,  7  days.  Ten 
acts  vaudeville.  Gross:  $2,900.  (Average, 
$4  250  ) 

"PRIVATE   LIFE   OF    HENRY   VIII" 
(U.  A.) 

UNITED  ARTISTS— (2,100),  25c-40c,  3rd 
week,   7   days.   Gross:    $8,500. 

"ABOVE    THE    CLOUDS"    (Col.) 

PANTAGES— (3,000),  25c-40c,  7  days. 
Stage    show.    Gross:    $5,280. 

"BERKELEY    SQUARE"    (Fox) 

4  STAR  THEATRE— (900),  50c-75c,  7 
days.    Gross:    $4,650. 


Seattle,  Dec.  17. — "Little  Women" 
and  "Only  Yesterday"  at  Hamrick's 
Blue  Mouse  and  Music  Box,  respec- 
tively, were  the  highlights  of  an  other- 
wise disappointing  week  here.  "Little 
Women"  kept  waiting  lines  in  front  of 
the  theatre  day  and  night,  taking  a 
gross  of  about  $8,500  against  a  nor- 
mal $4,000.  The  run  continues.  "Only 
Yesterday"  registered  about  $6,000  at 
the  Music  Box,  against  a  $4,000  aver- 
age, also  went  into  a  second  week. 

"The  Prizefighter  and  the  Lady" 
was  off,  and  the  Fifth  Avenue  pulled 
the  picture  after  six  days.  The  title 
was  blamed  principally  for  the  lack  of 
business.  "Hoopla"  at  the  Paramount 
was  good  for  close  to  a  normal  $6,000, 
but  other  houses  were  below  par. 

Total  first  run  business  was  $37,- 
750.    Average  is  $38,500. 


Estimated  takings  for  the  week  end- 
ing Dec.  9; 

"LITTLE    WOMEN"    (Radio) 

BLUE      MOUSE— (950),      25c-35c-50c,      7 
days.    Gross:    $8,500.    (Average,    $4,000.) 
"PRIZEFIGHTER   AND    THE   LADY" 

(M-G-M) 
FIFTH    AVENUE— (2,450),    25c-40c-55c,    6 
days.     Gross:     $5,000.      (Average,     7     days, 
$7,000.) 

"MASTER   OF   MEN"    (CoL) 
"OLIVER    TWIST"    (Monogram) 
LIBERTY- (1,800),     10c-15c-25c,     7     days. 
Gross:    $4,250.    (Average,    $4,000.) 

"ONLY    YESTERDAY"    (Univ.) 
MUSIC    BOX— (950),    25c-35c-50c,    7    days. 
Gross:    $6,000.    (Average.    $4,000.) 

"OLSEN'S    BIG    MOMENT"    (Fox) 
"BIG    EXECUTIVE"    (Para.) 
ORPHEUM— (2,500),    25c-35c-50c,    7    days. 
Vaudeville.   Gross:   $5,000.    (Average,   $7,000.) 
"HOOPLA"    (Fox) 
PARAMOUNT— (3.050),        25c-35c-50c,        7 
days.   Gross:   $5,000.    (Average.  $6,000.) 
"MAN'S    CASTLE"    (Col.) 
ROXY— (2,275),  25c-35c-50c,  7  days.  Gross: 
$4,000.    (Average,   $6,000.) 


44 


Sigma  Chi,''    I  "Widows''  and 


Waring,  Lead 
In  Cleveland 


Miller  Denies  Story 
On  Chicago  Dual  Ban 

Pressure  exercised  by  major  Chi- 
cago circuits  in  ruling  out  double  fea- 
tures through  a  reported  clause  in 
contracts  said  to  have  made  it  com- 
pulsory for  distributors  to  return  half 
of  the  rental  on  any  picture  playing 
the  Loop  if  such  picture  subsequently 
played  on  a  twin  bill  had  nothing  to 
do  with  the  case,  according  to  Jack 
Miller,  president  of  the  Chicago  Ex- 
hibitors' Ass'n. 

In  a  wire  to  Motion  Picture 
Daily,  he  said  Saturday: 

"When  all  houses  were  still  double 
featuring,  92  per  cent  of  the  inde- 
pendent theatres  in  this  district  peti- 
tioned the  big  circuits  to  stop  double 
featuring  in  their  houses  because  they 
were  putting  the  smaller  theatres  out 
of  business.  This  is  quite  contrary  to 
your   story." 

The  story  Miller  refers  to  was  the 
fourth  in  a  series  of  survey  articles 
on  conditions  in  the  Middle  West.  It 
appeared  in  Motion  Picture  Daily 
on  Dec.  7. 


Cleveland,  Dec.  17. — Heavy  holi- 
day shopping  cut  into  the  theatre 
business,  slightly  lowering  the  week's 
total  gross.  "Sweetheart  of  Sigma 
Chi"  on  the  screen  with  Fred  Waring 
and  His  Pennsylvanians  on  the  stage 
at  the  RKO  Palace,  proved  the  big 
attraction,  grossing  $25,000,  about 
$7,000  over  average. 

"Dancing  Lady"  at  Loew's  State 
was  the  best  straight  picture  bet, 
grossing  $13,000.  "Female"  made  a 
fair  showing  at  the  Warner  Hippo- 
drome, the  total  gross  was  $2,400 
under  the  previous  week.  The  Chi- 
cago Fair's  "Streets  of  Paris"  drew 
some  business  away  from  theatres. 

Total  first  run  business  was  $53,- 
200.     Average  is  $42,500. 

Estimated  takings  for  the  week  end- 
ing Dec.  8: 

'^ONLY    YESTERDAY"    (Univ.) 

ALLEN— (3.300).     20c-30c-40c,     2nd     week, 
7    days.     Gross:    $3,400.      (Average,   $3,000.) 
"FEMALE"   (F.  N.) 

HIPPODROME— (3,800),      30c-35c-44c,      7 
days.      Gross:    $6,000.      (Average.   $5,000.) 
"HAVANA  WIDOWS"   (F.  N.) 

WARNER'S      LAKE— (800).      25c-35c,      7 
davs.      Gross:    $2,000.      (Average.    $2,500.) 
"SWEETHEART  OF   SIGMA  CHI" 
(Monocrram) 

RKO  PALACE— (3.100),  30c-40c-60c-7.5c,  7 
Hays.  Stage:  Fred  Waring  and  His  Penn- 
sylvanians. Gross:  $25,000.  (Average, 
♦18,000  •) 

"DANCING  LADY"   (M-G-M) 

STATE^(3.400).       .30c.35c-44c.       7      days. 
Gross:    $13,000       (Averaee.    .tlO  000.) 
"WHITE    WOMAN"    (Para.) 
"HOLD   THE   PRESS"    (Col.) 

.STirXMAN— (1.900).  20c-.30c-40c,  7  days 
Gross:   $3,800.      (Average,  $4,000.) 


Roach  Starts  Another 

HoLLYwoon.  Dec.  17. — The  Wake- 
field-Nelson two-reeler.  which  goes 
into  work  Mondav  at  Roach  Studios, 
has  been  titled  "Mixed  Nuts."  Jack 
Barty,  Thelma  Hill.  Don  Barclay  and 
Nora  Cecil  have  been  added  to  the 
cast.     Jimmy  Parrott  will  direct. 


Show  Hit  in 
Philadelphia 


Philadelphia,  Dec.  17. — ^"Havana 
Widows"  on  the  screen  and  George 
White's  "Scandals"  on  the  stage  at 
the  Earle  scored  a  knockout  last  week 
with  a  gross  of  $17,000,  over  normal 
bv  $5,000.  "The  Private  Life  of 
Henry  VIII"  held  up  to  $8,500  in  its 
third  week  at  the  Aldine. 

Business  elsewhere  was  ofif,  with 
"The  Invisible  Man"  the  only  other 
attraction  in  town  going  over  aver- 
age.   It  took  $8,000  at  the  Stanton. 

"Duck  Soun"  took  $11,000  at  the 
Stanley,  but  this  was  weak. 

Total  first  run  business  was  $79,400. 
Average  is  $78,900. 

Estimated  takings  for  the  week 
ending  Dec.  8: 

"PRIVATE  LIFE   OF   HENRY  VIII" 
(U.  A.) 

ALDINE- (1,2001.    40c-5Sc-65c,    3rd    week. 
6    days.      Gross:    $8,500.      (Average,    $7,000.) 
"TILLIE   AND   GUS"    (Para.) 

ARCADIA- r600V  25c-40c-.50c.  6  davs.  2nd 
■-iin.      Gross:    Sl.900.      (Average.    $2,400.) 

"THE   WORLD   CHANGES"   (F.  N.) 

BOYD— (2.400).  40c-55c-6,5c.  6  days.  Gross: 
*9.000.      (Average.    $12,000) 

"HAVANA   WIDOWS"    (F.    N.) 

EARLE— (2.000V  40c-55c-65c.  6  days 
'itncrp;  George  White's  "Scandals."  Gross: 
n7.cm       (Average.    $12,000.) 

"BFRKELFY    SQUARE"    (Fox) 

FOX— (3.0001.  3Sc-5.5r-7.5c.  6  davs.  2nd 
run.  S.i^Tf  Tank  McClellan.  Smith.  Rn-r- 
<"-■;  and  Erlif,  12  Aristocrats.  Gross:  $15,000 
(•Average.  3:16,000-) 

"MY    WOMAN"    (Col.) 

KART.TON-(l  0001.  .30c -40c -.50c.  6  davs. 
•^.ross:    ft^OOO.      (Aver,nn-e.    $3,500.) 

"MY   LIPS    BETRAY"    (Fox) 

KETTH'.S— (^0001.  2.5c -3.5c -40c.  6  days.  2nd 
run.  V.iuflevi'llp  on  stage.  Gross:  $6. (XX). 
(■Average.   J;7.n0O.1 

"DUCK    SOUP"    (Par^..) 

STANLKV— (.1.7001.     40c-55c-65c.     6     days 
Gro'.s:    f^U  Onn.      (Average.    $12,000.1 
"INVISIBLE    MAN"    (Univ.) 

STANTON  (1,700).  .30c-40c-55c.  6  .lays. 
Gross:    $8,000.      (Average.    $7,000.) 


"Women"  Gets 

Huge  $30,000 

In  Pittsburgh 


Pittsburgh,  Dec.  17.— Last  week 
was  a  regular  bonanza  here,  the  big- 
gest the  town  has  had  since  the  boom 
days  of  three  years  ago.  The  downtown 
sector  as  a  whole  more  than  doubled 
its  average  takings. 

"Little  Women"  at  the  Stanley  in 
six  days  accounted  for  a  sensational 
$30,000,  the  best  takings  here  since 
"Frankenstein"  almost  two  years  ago. 
It  has  been  held  over,  the  second  pic- 
ture in  this  house's  history  to  stay 
more  than  six  days.  The  other  was 
"Gold-Diggers  of  1933." 

At  the  Penn,  "Dancing  Lady"  rolled 
up  a  nice  $19,000,  while  "Paddy  the 
Next  Best  Thing,"  held  for  a  week 
and  a  half  at  the  Fulton,  got  $9,600. 

Total  first-run  grosses  were  $75,750. 
Average  is  $37,000. 

Estimated  takings  for  the  week  end- 
ing Dec.  9 : 

"HORSE    PLAY"    (Univ.) 

DAVIS— (1,700),  25c-35c,  7  days.  Gross: 
$3,300.      (Average    for    six    days,    $2,500.) 

"PADDY,  THE  NEXT  BEST  THING" 
(Fox) 

FULTON— (1,750),        15c-35c,        9        days. 
Gross:  $9,600.  (Average  for  six  days,  $4,000.) 
"DANCING   LADY"    (M-G-M) 

PENN— (3,300),    25c-50c,    6    days.    Gross: 
$19,000.    (Average,    $12,000.) 
"MANHATTAN     TOWER"     (Chesterfield) 

PITT— (1.600),  15c-40c,  6  days.  Stage: 
Bob  Hall,  Ralph  Olsen  revue,  Nelti  De- 
Coursey  (io.,  Dorothy  and  King  Bros.,  Ly- 
dell  and  Gallagher,  Captain  Pickard  and 
Seal,  Cliain  and  Bronson.  Gross:  $5,250. 
(Average,    $4,500.) 

"LITTLE    WOMEN"    (Radio) 

STANLEY— (3,600),  25c-50c,  7  days. 
Gross:  $30,000.  (Average  for  six  days, 
$9,000.) 

"TAKE    A   CHANCE"    (Para.) 

WARNER— (2,000),  25c-50c,  7  days.  Gross: 
$7,600.     (Average    for    six    days,    $5,000.) 


Radio  Borrows  Durante 

HoTLYWooD.  Dec.  17. — Timmv  Du- 
rante has  been  borrowed  from  M-G-M 
for  a  spot  in  Radio's  "Strictly  Dyna- 
mite." 


Bing  Crosby  Off  Shorts 

Hollywood,  Dec.  17. — Bing  Crosby 
will  make  no  more  shorts  for  Para- 
'■nounts.  The  studio  has  shelved  the 
four  remaining  two-reelers  on  the  pro- 
gram and  from  now  on  will  concen- 
trate on  Crosby  features. 


"Little  Women"  Is 
Smash  in  Portland 

(Continued  from  page  8) 
Paris,"  had  an  intake  of  $8,000,  or 
$3,000  over  average.  "Christopher 
Bean,"  at  the  United  Artists,  was 
also  a  holdover,  with  an  intake  of 
$5,000  in  its  second  week. 

First  run  totals  for  the  week  were 
$40,200.    Average  is  $25,800. 

Estimated  takings  for  the  week  end- 
ing Dec.  8: 

"FOOTLIGHT    PARADE"    (Warners) 

HAMRICK'S   BLUE   MOUSE— (669),  25c, 
7   days.   Gross:    $3,000.    (Average,   $2,000.) 
"DANCING    LADY"     (M-G-M) 
BROADWAY— (1,912),  2.5c-35c-40c,  7  days, 
2nd   week.    Gross:    $6,000.    (Average,    $6,000.) 
"SITTING    PRETTY"    (Para.) 
"THE    MAD    GAME"    (Fox) 
LIBERTY- (1,800),     25c-35c-40c,     7     days. 
Gross:    $2,200.     (Average.    $1,800.) 

"LITTLE     WOMEN"     (Radio) 
HAMRICK'S   MUSIC    BOX-(2,000),   2Sc- 
35c-40c,    7    days.    Gross:    $14,000.     (Average, 

$3  QQQ  ) 

"ONLY    YESTERDAY"    (Univ.) 

HAMRICK'S     ORIENTAI^-(2,040),     25c- 
35c,  7  days.  Gross:  $3,000.   (Average,  $2,000.) 
"DUCK    SOUP"    (Para.) 
"WORST    WOMAN    IN    PARIS"    (Fox) 
PARAMOUNT— (3.008),  2.5c-3.5c-40c.  Gross: 
$8,000.    (Average,    $5,000.) 
"LATE  CHRISTOPHER  BEAN"  (M-G-M) 
UNITED   ARTISTS-(945).   25,c-35c-40c,    7 
days,    2nd    week.     Gross:    $5,000.    (Average, 
$5,000.) 


Dee-McCrea  to  Co-Star 

Hollywood,  Dec.  15. — In  spite  of 
rumors  to  the  contrary,  Frances  Dee 
and  Joel  McCrea,  newlyweds,  will  co- 
star  ill  "Just  Off  5th  Avenue"  for 
Radio. 


10 


MOTION  PICTURE 

DAILY 


Monday,  December   18,    1933 


Cohn  and  Schaefer 
Long  on  Optimism 

By  GEORGE  J.  SCHAEFER 

(^Continued  from  page  1) 

reaction.  The  elimination  of  fear 
and  hysteria  cannot  fail  to  react 
favorably  on  the  box  offices  of 
the  nation. 

With  the  passing  of  uncer- 
tainty and  unrest  will  come  a 
greater  feeling  of  security  and  a 
correspondingly  greater  demand 
for  entertainment.  If  we,  in  the 
motion  picture  industry,  meet  this 
increased  demand  with  high  qual- 
ity pictures,  we  will  reap  a  golden 
harvest  during  the  new  year. 


By  JACK  COHN 

{Continued  front  page   1) 

fluence  to  the  business  and  with  an  in- 
creasing spread  of  employment  a 
greater  growth  of  picture  business 
will  inevitably  follow.  This,  because 
the  only  retarding  influence  the  in- 
dustry has  encountered  has  been  lack 
of  money,  not  lack  of  interest  in 
pictures. 

Two  important  factors  must  govern 
recovery  in  the  motion  picture  indus- 
try- 
First,  the  production  of  more  truly 
great  pictures. 

And  secondly,  an  awakening  among 
exhibitors  to  the  helpful  power  of  ag- 
gressive and  progressive  advertising. 

This  is  demonstrated  by  the  fact 
that  during  the  last  two  years  the 
public  has  shown  a  tendency  to  shop 
for  entertainment  and  to  patronize  in 
paying  numbers  only  those  pictures 
which  have  given  adequate  value  for 
the  admission  price.  There  will  be 
no  change  with  the  return  of  good 
times. 

However,  no  matter  how  good  the 
product  made  responsive  to  this  de- 
mand, the  exhibitor  cannot  extract  its 
full  box-office  value  without  letting 
the  public  know  through  advertismg 
that  he  is  venijing  quality  pictures. 
The  combination  of  good  product  and 
adequate  advertising  will  correct  every 
situation  confronting  the  industry. 
This  calls  for  greater  cooperation  on 
the  part  of  the  producer  after  com- 
pletion of  his  picture.  In  this  con- 
nection I  recently  suggested  that  pro- 
ducers create  a  school  of  showman- 
ship by  having  advertising,  publicity 
and  exploitation  experts  available  to 
advise  exhibitors  concerning  their 
problems  whenever  important  con- 
ventions of  theatre  owners  invite  such 
cooperation. 

This  idea  was  the  outgrowth  of  study  and 
disclosures  incidental  to  a  nationwide  sur- 
vey of  the  effect  of  blue  laws  upon  the 
industry.  I  heHeve  that  its  future  develop- 
ment rests  with  the  smaller  towns.  In 
these  the  nee!  of  showmanship  is  greatest, 
owing  to  the  fact  that  exhibitors  have 
largely  been  drawn  from  other  fields  of 
activity  and  left  to  shift  for  themselves.  Tt 
is  here,  too,  that  Sunday  closing  is  most 
felt,  restricting  theatre  operation  to  about 
85  per  cent  of  the  available  time.  The  15 
per  cent  clipped  off  by  arbitrary  Sunday 
closing,  shut  5  down  the  theatres  on  the  day 
most  convenient  and  available  for  country 
trade  and  when  patronage  ordinarily  is 
greatest. 

Opportunity  for  increased  employment 
through  full  time  operation  and  the  cer- 
tainty that  it  will  increase  purchaser,  of 
supplies  of  all  kinds  entering  into  the  op- 
eration of  a  theatre  may  bring  NRA  sup- 
port for  greater  liberality  in  this  respect, 
in  keeping  with  the  trend  of  the  times, 
t-'nnatural  repressions,  epitomized  by  pro- 
hibition, are  being  thrust  aside,  so  we 
have  reason  to  anticipate  an  improvement 
in    this   direction. 

Reference  to  NRA  suggests  a   final  word 


on  that  score.  It  represents  one  of  the 
ideas  conceived  by  our  President  for  the 
general  gtxid  and  as  such  should  be  given 
full  support  by  our  industry  to  aflford 
every  cliance  for  its  success. 

In  spite  of  pessimistic  talk  to  the  eitect 
that  wages  have  not  kept  pace  with  increas- 
ing commodity  prices,  experience  as  well  as 
the  advice  of  economists  should  assure  us 
that  in  the  great  finality  commodity  prices 
always  are  determined  by  buyers'  capacity. 
A  President  of  demonstrated  ability  to  ac- 
complish results  is  on  the  job  and  even  the 
most  casual  glance  backward  attests  the 
fact  that  amazing  and  heartening  improve- 
ment has  been  brought  about,  and  further 
progress  is  being  made  daily. 

Atany  people  are  prone  to  forget  that  a 
protracted  perio<l  of  illness  requires  a  con- 
siderable period  of  convalescence.  We  are 
undergoing  this  now  and  it  is  inevitable 
that  it  will  continue  for  some  time,  but  I 
am    inclined    to   lock   for   a   complete   recov- 


ery before  19.'4  draws  to  a  close.  To 
hasten  this  we  must  all  realize  that  fair 
wages  are  a  more  important  factor  than 
private  profit.  Any  employee  deliberately 
underpaid  is  restricted  by  that  fact  in  his 
buying  capacity.  If  we  act  in  accordance 
with  the  sound  Biblical  instruction  on  that 
"the  laborer  is  worthy  ot  his  hire"  we  are 
taking  an  imixjrtant  step  to  bring  about  a 
freer  and  greater  circulation  of  money,  and 
thereby  aiding  to  bring  about  our  own  com- 
mercial salvation. 

Some  short-sighted  individuals  within  the 
industry  have  overlooked  the  fact  that  the 
.\R.'\  has  only  a  short  time  in  which  to 
operate,  and  have  devoted  more  nervous 
energy  combating  its  various  features  than 
would  be  necessary  to  assure  it  a  fair  trial. 
The  best  thing  we  can  all  do  for  the  in- 
dustry and  (or  ourselves  is  to  get  behind  the 
NRA  and  build   it  up. 

This  done,  in  my  opinion,  we  shall  have 
nothing  to  worry  about  for  1934. 


MOTION  PICTURE  DAILY.!$ 
HOLLYWOOD  PREVIEW 


(Continued   from    page    4) 

is  attracted  to  her  as  the  new  Raquel,  she  gets  the  lowdown  on  his 
real   feelings    toward   her. 

Miss  Bennett  in  the  dual  role  is  alternately  unattractive  and  then 
attractive,  as  called  for  by  the  script.  She  sings  and  dances.  In  scenes 
of  sophistication  and  sly  romantic  illusion,  she  shows  fire  and  dash. 
Tone  gives  an  unusual  farce  comedy  performance.  Tullio  Carminati, 
as  the  volatile  producer,  double-crossed  by  Tone  for  the  amour  of 
Raquel,  takes  full  advantage  of  all  the  laugh  values.  Helen  Westley, 
Andrew  Tonibes,  Ivan  Lebedeff  and  Hobart  Cavanaugh  are  good  in 
small  parts.  Georges  Renevant,  as  the  real  Raquel's  French  husband, 
contributes  a  classic  when,  as  he  is  locating  his  wandering  frail,  he 
delivers  a  sock  on  her  jaw  which  is  the  last  word.  Russ  Columbo  and 
the  Boswell  Sisters  appear  in  the  musical  show  portion  of  the  produc- 
tion. The  music  by  Dubin  and  Warren  and  the  dance  ensembles  by 
Russel  Markert  are  enjoyable  ear-and-eye  values  in  keeping  with  the 
film's  colorful  scale.  Sidney  Lanfield's  direction  blends  farce  and 
music   harmoniously. 

With  its  French  implications  of  title,  dialogue  and  action,  and  the 
names  of  Constance  Bennett  and  Franchot  Tone,  "Moulin  Rouge" 
should  enjoy  a  box-office  vogue  in  keeping  with  the  drawing  power  of 
the  personalities  and  the  current  acceptability  of  musicals. 


''Beloved" 

( Universal) 

Hollywood,  Dec.  17. — "Beloved,"  produced  by  B.  F.  Zeldman  for 
Universal,  is  a  musical  romance  dominated  by  a  love  story  projected 
through  three  generations,  interpolated  with  flashes  of  Civil,  Spanish- 
American  and  World  wars,  yet  never  deviating  from  the  devotion  and 
affection  of  two  people  who  suffer  adversities  to  accomplish  an  ideal — 
their  love  for  music  and  determination  to  complete  the  great  American 
symphony. 

The  picture  opens  in  Vienna  in  1838  where  the  composer-to-be  is 
introduced  from  his  cradle.  The  father  is  a  lover  of  music  and  inspires 
his  son  at  the  age  of  10  to  write  and  conduct  his  first  composition. 
Later  a  revolution  strips  the  family  of  its  wealth.  Mother  and  son  find 
their  way  to  America,  locating  in  the  South,  where  John  Boles,  now 
matured,  struggles  with  his  mother  as  teachers  of  music,  and  a  romance 
between  him  and  Gloria  Stuart  begins.  Civil  War  sets  in  and  at  its 
conclusion  Boles  and  Miss  Stuart  are  married.  The  mother  dies  and 
the  couple  move  to  New  York,  where  a  son  is  born.  This  son,  in  turn, 
is  killed  in  the  .Spanish-American  War.  leaving  another  son  who 
inherits  the  love  for  music  from  his  grandfather,  who  is  still  struggling 
to  complete  a  symphony.  This  son  is  called  into  the  World  War  and 
later  becomes  a  writer  of  popular  music.  Not  knowing  he  is  stealing 
his  grandfather's  compositions,  the  grandson  becomes  the  lion  of  Tin 
Pan  Alley.  Accused  of  plagiarism  by  the  doty  old  composer,  the 
grandson  arranges  for  a  public  hearing  of  the  old  man's  symphony 
where  it  is  acclaimed  a  great  masterpiece,  but  too  late,  as  the  composer 
passes  away  during  its  rendition. 

Victor  Schertzinger  has  directed  effectively  and  has  composed  some 
fine  music.  John  Boles  and  Gloria  Stuart  carry  the  center  of  attention 
throughout.  Supporting  player*;  are :  Ruth  Hall,  Morgan  Farley, 
Richard  Carle,  Lucille  Glea.son,  Mae  Busch,  Albert  Conti,  Dorothy 
Peterson,  Anderson  Lawler,  Edmund  Breese,  Louisa  Carter,  Lester 
Lee,  Mickey  Rooney,  Holmes  Herbert,  Lucille  La  Verne,  Mary  Gordon, 
Eddie  Woods,  Oscar  Apfel,  Jane  Mercer,  Clark  Wallis,  Joseph 
.Swickard,  James  Flavin,  Bessie  Barriscale,  James  Butler  and  Fred 
Kelsey. 


Higher  Costs  Take 
Bigger  Budgets 

(Continued  from  page  1) 

exhibitors  at  the  start  of  the  new 
season  that  production  budgets  would 
be  increased  from  15  to  30  per  cent, 
but  with  independent  product  thus  far 
showing  little  change  in  quality  over 
last  year,  many  of  the  producers  are 
anxious  to  have  their  explanation 
made  known. 

"Our  budget  was  increased  20  per 
cent  per  picture  in  June,"  one  inde- 
pendent related.  "Before  the  first  pic- 
ture on  the  new  schedule  was  finished 
we  had  subscribed  to  the  President's 
re-employment  agreement  and  found 
that  since  then  increased  labor  costs 
just  about  consumed  the  increased  ap- 
propriation. What  we  had  planned 
to  use  for  better  picture  quality  went 
instead  to  feed  the  Blue  Eagle.  If 
labor  doesn't  go  to  the  movies  now 
that  the  code  has  made  the  increased 
costs  permanent,  it  looks  like  better 
pictures  from  the  small  producer  will 
have  to  wait  for  the  return  of 
prosperity." 


W.  F.  King  New  U.  A. 
Theatres   Director 

(Continued  from  page  1) 
America    General    Corp.,   Aztec   Land 
and    Cattle    Co..    Manati    Sugar    Co., 
Second    Ave.    Railway    Co.    and    the 
New  York  Life. 

Officers  were  re-elected  for  another 
year.  Joseph  M.  Schenck  is  chair- 
man of  the  board  and  president,  and 
Lee  Shubert,  Dennis  F.  O'Brien  and 
Harry  D.  Buckley,  vice-presidents, 
while  the  latter  is  also  general 
manager. 


Randel  Sees  "Tough" 
Year  on  Film  Board 

(Continued  from  page  1) 

of    the    New    York    Film    Board    of 
Trade,  states. 

Randel  views  the  work  of  the  local 
clearance  and  zoning  board,  which  is 
to  be  named  shortly,  as  one  of  the 
inost  difficult  and  says  it  will  require 
a  lot  of  time  and  energy  of  the  offi- 
cers on  the  local  board.  He  takes  office 
Jan.  I. 


Mary  Pickford  Set 
For  Week  at  Para. 

(Continued  from  page  1) 

Christmas  Week  with  an  act  culled 
from  the  stage  play,  "The  Church 
Mouse."  A  flat  salary  and  a  split  are 
the  terms. 

Miss  Pickford  is  also  understood  to 
be  negotiating  with  the  Ford  Company 
for  a  national  broadcast. 


Seidelman  to  Mexico 

J.  H.  Seidelman,  foreign  head  of 
Columbia,  is  enroute  to  Browns- 
ville, Texas,  where  he  will  take  a 
plane  to  Mexico.  .Seidelman  will  look 
over  a  nutnber  of  Spanish  pictures 
for  possible  release  in  Latin  American 
countries.  He's  due  back  around 
Christmas. 


Quimhy  Due  Tomorrow 

Fred  Quimby,  short  subject  sales 
manager  for  M-G-M,  returns  from 
the  coast  tomorrow.  He  has  been 
in  Hollywood  conferring  with  Hal 
Roach. 


The  Annual  1934 

Calendar 

of    Qui g ley    Publications 

WITH  200  HANDY  SPECIAL 
BOX  OFFICE  TIEUP  DATES 
FOR  LIVE  WIRE  SHOWMEN 

Is  Now  Ready  For  You 


USE  THIS  BLANK 


THERE  SHOULD  BE 
ONE  IN  EVERY 
MANAGER'S  OFFICE 
PRICE  ...  25/  EACH 


MOTION  PICTURE 
DAILY 

1790   Broadway,  N.  Y. 


Kindly  send  me  one  Booking  Calendar  for 
1934.  /  enclose  herewith  twenty- five  cents 
to  cover  cost  of  calendar  and  postage. 


Name 


Ql> 


Theatre . 


Address 


City 


.  State 


7  reasons  why 


PARAMOUNT'S 


DESIGN  FOR 
LIVING 


fl 


outstanding  hit 


The  Leading 


Newspaper 
of  the 
MotioH;^; 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faith  flit; 
Service 'to 
the  lndi£5try 
in  All 
Branches 


J     VOL.  34.    NO.  143 


NEW  YORK,  TUESDAY,  DECEMBER  19,  1933 


TEN  CENTS 


Attorneys  Hit 
Cost  of  Para. 
Receivership 

Referee  Rules  for  More 
Affidavits  to  Dec.  28 


An  assortment  of  attorneys  for 
Paramount  Publix  creditors  filed  ob- 
jections yesterday  to  the  petition  of 
Charles  D.  Hilles  and  Adolph  Zukor 
for  authorization  to  pay  $296,053  for 
expenses  incurred  during  the  period 
of  the  Paramount  Publix  equity  re- 
ceivership from  Jan.  27  to  March  14. 

Attorneys  for  several  of  the  larg- 
est Paramount  creditors'  groups  failed 
to  record  either  their  approval  or 
opposition  to  the  petition,  but  were 
given  until  Friday  to  do  so.  Their 
lack  of  action  yesterday,  however, 
left  Elihu  Root,  Jr.,  of  Root,  Clark, 
Buckner  &  Ballantyne,  counsel  for  the 
equity  receivers,  as  the  only  defender 
of  the  receivership  costs. 

The  hearing  on  the  petition  was 
conducted  before  Referee  Henry  K. 
(Continued  on  page  6) 


Federation  to  TalJc 
Over  Reorganization 

A  general  meeting  of  the  Federa- 
tion of  the  M.  P.  Industry  will  be  held 
Dec.  27  at  8  P.  M.  at  the  Park  Cen- 
tral Hotel  to  discuss  plans  for  reor- 
ganization along  permanent  lines.  ^ 
membership  drive  and  permanent 
financing  for  the  independent  produc- 
ers' and  distributors'  organizations  are 
among  subjects  to  be  proposed. 

General  discussion  of  the  industry 
code  is  also  scheduled. 


New  Warner  Deals  on 
To  Solidify  Circuit 

Indicating  further  solidification  of 
the  circuit,  Warners  are  understood 
to  have  a  number  of  theatre  deals 
on  in  the  middle  west  which  would 
give  the  circuit  a  stronger  position 
in  a  number  of  towns.  Some  of  the 
deals  involve  an  exchange  of  houses 
in  certain  spots  with  another  circuit 
operator. 


Goldstone  Successor 
To  Be  Named  Sliortly 

Successor  to  Phil  Goldstone  as 
head  of  Majestic  Pictures  on  the  coast 
will  be  announced  in  a  few  days,  Her- 
man Gluckman,  president,  stated  on 
his  return  from  Hollywood  yester- 
day. William  D-  Shapiro,  vice-pres- 
ident, accompanied  Gluckman  on  his 
return   east. 


Lowell  May  Resign  His  Post 

On  Code  Authority^  Is  Report 

Dr.  A.  Lawrence  Lowell,  president-emeritus  of  Harvard  Univer- 
sity, is  reported  preparing  to  withdraw  as  one  of  three  members 
on  Code  Authority  representing  the  government,  if  he  has  not 
done   so   already. 

A  telegram  addressed  to  Dr.  Lowell  at  his  home  in  Boston  yes- 
terday remained  unanswered  last  night.  The  understanding  is 
his  objections  to  the  Presidential  appointment  revolve  around  the 
designated  job  for  him  of  watching  the  moral  trend  in  produc- 
tion and  that  Dr.  Lowell  fails  to  relish  the  idea  and  the  work  asso- 
ciating him  with  censorship  activities. 


Court  Allows 
Loew's  Stock 
Sale  to  Go  on 


Sale  at  public  auction  of  660,900 
shares  of  Loew's  common  stock  will 
be  permitted  today,  as  scheduled,  pro- 
viding the  holders  of  $20,000,000  of 
defaulted  notes  of  Film  Securities 
Corp.,  for  which  the  stock  is  pledged 
as  collateral,  insist  on  the  sale  and 
all  purchasers  have  knowledge  of  both 
the  injunction  issued  here  last  week 
restraining  purchasers  from  violating 
anti-trust  laws  in  acquiring  the  stock 
and  of  the  1931  anti-trust  decree 
which  separated  control  of  Loew's 
from  Fox  Film  by  setting  up  Film 
(Continued  on  page  6) 


Plans  Up  for 
Shifting  of 
Authorities 


Washington,  Dec.  18. — Plans  to 
protect  the  interests  of  labor  and  con- 
sumers by  making  changes  in  the 
representation  of  the  Government  on 
Code  Authorities  have  been  worked 
out  by  General  Hugh  S.  Johnson  and 
are  now   before   President   Roosevelt. 

Briefly,  the  plan  contemplates  one 
instead  of  three  Administration  rep- 
resentatives ;  the  one  representative, 
however,  would  have  an  adviser  from 
the   labor   and   consumer   ranks. 

Announcement  by  Johnson  yester- 
day of  his  plan  has  given  rise  to  the 
(Continued  on  page  8) 


Backs  Need  for  Good  Films; 
1934  Viewed  with  Optimism 


By  S.  R.  KENT 
President,  Fox  Film 

With  somewhat  improved  condi- 
tions in  many  parts  of  the  country 
and  also  dis- 
tinct evidence 
of  world  trade 
revival,  there 
is  a  prospect 
that  next  year 
the  picture 
business  will 
enjoy  a  condi- 
tion of  pros- 
perity that  it 
has  not  experi- 
enced in  many 
years.  Inas- 
much as  every 
company  in  the 
{Continued  on  page  6) 


By  FELIX  F.  FEIST 
Gen'l  Sales  M'g'r,  M-G-M 

Times  are  getting  better. 
There  are  many  obvious  rea- 
sons for  op- 
timism. A 
good  show 
still  fills  the 
till.  Admis- 
sion scales  are 
beginning  to 
show  the 
weight  of  in- 
creasing at- 
tendance. The 
industry — the 
entire  world 
—  is  looking 
u  p.     Nineteen 

(Continued  on  page  6) 


Rotating  Head 
Is  Sought  for 
CodeAuthority 

Leaders    for    It    Versus 
Permanent  Chairman 


When  Code  Authority  meets  in 
New  York  tomorrow  afternoon  for 
the  first  time  under  the  industry  code, 
it  is  understood  members  of  the 
Authority  who  are  identified  with 
major  company  interests  will  move 
for  a  plan  providing  for  a  rotating 
chairmanship,  changeable  with  each 
meeting. 

Independent  members  of  the  Author- 
ity, on  the  other  hand,,  are  understood 
to  be  behind  the  move  for  election  of 
Deputy  Administrator  Sol  A.  Rosen- 
blatt as  permanent  chairman  on  the 
theory  such  an  appointment,  said  to 
carry  with  it  veto  power,  would  serve 
to  more  adequately  safeguard  their 
interests. 

Hays  directors  held  an  all-day  ses- 
sion yesterday  at  which  chairmanship 
of  the  Authority  is  understood  to  have 
been  discussed. 

The  meeting  is  expected  to  last 
(Continued  on  page  8) 


Poster  Men's  Code 
Hearing  Set  Jan.  3 

Washington,  Dec.  18. — Theatrical 
poster  exchange  men  will  be  given  a 
hearing  on  their  code  by  Division  Ad- 
ministrator A.  D.  Whiteside  on  Jan. 
3  at  the  Department  of  Commerce 
Building. 

The  code  provides  for  a  maximum 
week  of  40  hours  and  an  eight-hour 
day,  with  minimum  wages  of  $14.50 
to  $15  per  week  for  general  employes 
and  40  cents  an  hour  for  mechanical 
workers. 


No  Date  Decided  on 
Independent  Ad  Meet 

No  definite  date  has  been  set  for 
the  conference  between  J.  J.  Mc- 
Carthy of  the  Hays  oflice  and  adver- 
tising men  of  independent  companies. 
A  meeting  will  be  held  this  week, 
nevertheless.  John  C.  Flinn,  presi- 
dent of  the  Ampa,  met  with  the  inde- 
pendent men  last  week. 


Joe  Breen  Gets  780 
Changes  in  Scripts 

Hollywood,  Dec.  18. — Having  the 
censorship  of  publicity  stills  and  ad- 
vertising well  under  control  with  co- 
operation from  all  major  producers, 
Joe  Breen,  now  sitting  in  for  Dr. 
James  Wingate  in  the  censoring  of 
(Continued  on  page  6) 


MOTION  PICTURE 

DAILY 


Tuesday,  December  19,   1933 


MOTION  PICTURE 

DAILY 

(Registered  U.  S.  Patent  Office) 


Vol. 


December    19.   1933 


No.   143 


MaKTIN    QuiGliY 

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  1933  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. 

HoUywod  Bureau:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
a.  Shapiro.  Manager;  Chicago  Bureau:  407 
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Representative. 

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. 


Astor  Plans  12  More 
Three-Reel  Westerns 

Following  completion  of  the  Bud 
and  Ben  series  of  12  three-reel  west- 
erns, Astor  Pictures  will  make  12 
Tim  and  Tom  outdoor  shorts  of  the 
same  length.  The  second  Bud  and 
Ren  subject,  "Arizona  Nights,"  has 
just  been  completed  and  the  third, 
"Ridin'    Gents,"    starts    tomorrow. 

Astor  Pictures  has  opened  its  own 
exchange  in  Chicago  with  O.  K. 
Bourgeois  in  charge.  Sol  Solomon 
has  been  added  to  the  New  York 
sales  force. 

The  company  has  just  closed  with 
B.  &  K.  and  Essanay  circuits  in  Chi- 
cago for  "Killers  of  the  Chaparral."    . 


Ahe  Kompel  Dead 

Abe  Kompel,  well  known  in  local 
exhibition,  died  yesterday  afternoon 
at  the  Columbus  Hospital  from  a 
complication  of  ailments.  He  was  49 
and  is  survived  by  his  widow  and 
son. 

Funeral  services  will  be  held  this 
morning  from  the  Garlick  Funeral 
Chapel,  Grand  and  Essex  sts. 


Goett  Loses  Wife 

George  Goett,  in  charge  of  real  es- 
tate and  roadshows  for  Feiber  & 
Shea,  is  mourning  the  loss  of  his 
wife  who  passed  away  over  the  week 
end. 


White  Back  from  Trip 

Gordon  S.  White,  director  of  ad- 
vertising and  publicity  for  Educa- 
tional, returned  yesterday  from  a 
visit  to  company  exchanges  in  east- 
ern Canada. 


i    Purely  Personal    ► 


SiiERwiN  A.  Kane,  one  of  Motion 
Picture  D.\ily's  newshawks,  be- 
came a  father  for  the  first  time  late 
Sunday  night,  was  around  when  the 
boy  was  born  at  St.  Anne's,  went 
home,  had  a  glass  of  beer  and  dropped 
off  to  sleep.  Yesterday,  he  had  two 
Paramount  Publix  court  hearings  to 
cover,  the  latest  developments  in  the 
Loew  stock  sale  and  his  usual  beat 
around  town.  He  went  through  all 
of  them  as  per  schedule.  That's  one 
of  the  year's  brightest  displays  in 
composure. 

Howard  Smith,  Coast  story  head 
for  20th  Century,  will  try  to  get  off  to 
Hollywood  today.  He  plans  to  spend 
Christmas  with  his  family.  His  get- 
away hinges  on  the  closing  of  one 
more  story  deal  here. 

George  J.  Schaefer  plans  to  leave 
for  Washington  the  end  of  the  week. 


RICHARD  WALLACE,  the  di- 
rector, and  Mrs.  Wallace,  in 
from  Hollywood  by  air  to  catch  up 
on    new    shows. 

Charles  R.  Rogers  is  en  route  to 
the  Coast  after  two  weeks  here  look- 
ing over  plays  and  scouting  for  new 
talent. 

Joe  Brandt  is  home  with  an  attack 
of  arthritis  and  the  grip  and  admits 
it's  a  very  pediculous  combination. 

Miriam  Hopkins  returns  to  the 
stage  tonight  in  the  lead  of  "Jezebel" 
at   the   Ethel    Barrymore   Theatre. 

LoL'is  Weiss  was  in  Boston  last 
night  for  a  New  England  preview  of 
"Enlighten  Thy   Daughter." 

Randolph  Scott  plans  to  leave  for 
Hollywood  the  end  of  the  week. 


Expect  Film  Bigwigs 
At  Ampa  Xmas  Party 

The  Ampa  Christmas  party,  sched- 
uled for  the  grand  ballroom  of  the 
Astor  on  Thursday,  is  expected  to  be 
attended  by  many  well-known  film  ex- 
ecutives. Invitations  have  been  is- 
sued to  the  following : 

Adolph  Zukor,  Harry  Warner,  Carl 
Laemmle,  Joseph  M.  Schenck,  M.  H.  Ayles- 
worth,  E.  W.  Hammons,  Geo.  J.  Schaef- 
er, Al  Lichtman.  Sidney  R.  Kent,  Jack 
Cohn,  John  D.  Clark,  Jas.  R.  Grainger, 
Albert  Warner,  Ned  Depinet,  Nicholas 
Schenck,  Ed  Kuykendall,  J.  E.  Brulatour, 
J.  E.  Otterson,  Martin  Quigley,  Jack  Ali- 
coate,  David  Sarnoff,  Sidney  Silverman,  P. 
S.  Harrison,  J.  J.  McCarthy,  Leslie 
Thompson,  Maurice  MacKenzie,  Lee  Ochs, 
Louis  Nizer.  A.  S.  Friend.  Sam  Dembow, 
Sam  Katz,  Herman  Robbins,  S.  L.  Rotha- 
fel,  Jay  Emanuel,  Major  Edward  Bowes, 
Herbert  Yates,  Harold  B.  Franklin,  Will 
H.  Hays,  Sol  Rosenblatt,  Paul  Hollister, 
Nellie  Revell,  Arthur  Whyte.  Chas. 
O'Reilly,  Julius  Tannen,  Robt.  H.  Coch- 
rane, W,  Ray  Johnston.  Nathan  Yamitis, 
Nathan  Burkan,  Robt.  Gillham,  Neil  Ag- 
new,  Ralph  A,  Kohn,  Colvin  Brown.  Al 
Cormier,  Walter  Moore,  F.  Mordaunt  Hall, 
Frank  R.  Wilson,  Tony  Canzoneri,  Frank 
C.  Walker.  C.  B.  DeMille,  Milton  H.  Feld, 
Boris  Morros.  Neil  McCarthy,  Harry 
Hershfield   and   Red  Kann. 


Got  Line  on  Product 

Robert  F.  Sisk,  director  of  publicity 
and  advertising  for  RKO,  returned 
from  a  quick  trip  to  the  coast  yester- 
day. The  purpose  was  to  see  new 
product. 


RCA  Photophone 
Holding  Sales  Meet 

RCA  Victor  Photophone  sales  rep- 
resentatives start  a  two-day  national 
convention  at  the  Camden  headquar- 
ters of  the  plant  today.  E.  O.  Heyl, 
manager  of  the  Photophone  Division, 
is  scheduled  to  open  the  sessions  with 
an  address. 


Brady  for  Tax  Hearing 

Washington,  Dec.  18. — William 
A.  Brady,  representing  the  National 
Legitimate  Theatre  Committee,  will 
appear  before  the  House  Ways  and 
Means  Committee  Dec.  21  to  discuss 
admission  taxes. 

Brady  is  the  only  witness  so  far 
listed  on  this  subject,  but  in  view  of 
the  inclusion  of  his  name  on  the  cal- 
endar issued  by  the  committee  today 
it  is  probable  other  amusement  inter- 
ests will  seek  to  be  heard  at  the  same 
time.  Allied  States,  among  others, 
has  indicated  its  intention  of  seeking 
an  increase  in  the  present  40-cent  ex- 
emption. 


G.  P.  Sully  in  Town 

G.  P.  Sully^  in  charge  of  United 
Artists'  studio  publicity,  arrived  yes- 
terday to  put  over  an  exploitation 
campaign  on   "Moulin   Rouge." 


Stock  Market  Slips 


High  Low 

Columbia  Pictures,  vtc 2454  24J^ 

Consolidated   Film    Industries 3  2% 

Consolidated   Film   Industries,  pfd 10  9J4 

Eastman   Kodak    79  78 

Fox   Film   "A" 14  13^ 

Locw's,    Inc 31  29Ji 

Locw's,    Inc..    pfd 74J4  74}4 

Paramount   Publix   2^  VA 

Pathe  Exchange   15^         IJi 

Pathe    Exchange    "A" U'A  10J4 

RKO    2%         zyg 

Warner   Bros 5J4  S^ 


Close 

24}4 
2'A 
9M 

79 

14 

297^ 

74'^ 
2'A 

m 

1054 
25i 
5H 


Net 
Change 

-m 

-  54 


-1/8 
+2 

+  Vi 


-'A 


Sales 

100 

1,100 

200 

600 

200 

3,600 

100 

9,700 

400 

2,000 

1.500 

2,900 


Curb  Quotations  Lower 


High  Low 

General   Theatre   Equipment,   pfd '/s  % 

Technicolor   9  85i 

Trans   Lux   V/g  154 


Close 


Net 

Change  Sales 

—  1/16  100 
200 

—  'A  300 


Bonds  Take  a  Loss 


High  Low  Close 

General  Theatre  Equipment  6s  '40 3  3  3 

Keith    B.    F.    6s   '46 .50  49^  .50 

Paramount   Broadway   S'As  '51 31!4  31  3V/i 

Paramount    F.    L.    6s    '47 285^  27'A  28 

Paramount  Publix  5'As  '50 29  28'A  28^ 

Pathe  7s  '37,   ww 8154  8154  8154 

Warner   Bros.   6s   '39,   wd 3954  39  39 


Net 
Change 


-f  'A 
-  'A 
-Vi 


-14 


Sales 
6 

11 
6 

40 

18 
2 

19 


Detroit  Goes 
Into  General 
Price  Slashes 


Detroit,  Dec.  18. — This  city  is  in 
the  midst  of  a  price  war  that  has 
possibilities  of  becoming  serious.  It 
was  precipitated  recently  when  Lew 
Kane  of  the  Mayfair,  Ben  and  Lou 
Cohen,  operating  the  Roxy,  and  Jake 
Schreiber,  who  has  the  Colonial  and 
other  Woodward  avenue  houses, 
started    cutting    admissions. 

On  Friday  three  of  the  first  run 
houses,  the  Downtown,  State  and 
United  Artists,  went  to  double  bills. 
The  Adams,  playing  second  runs,  im- 
mediately put  in  three  features  for 
15   cents. 

The  Fox-RKO  interests  notified  H. 
M.  Richey  of  Allied  that  unless  he 
whipped  his  members  into  hne  on  the 
price  situation  double  bills,  plus  a 
stage  show,  would  be  put  in  at  the 
RKO  Uptown,  second  run  house,  and 
that  the  Fox  would  go  to  25  cents 
with  first  run  pictures  and  stage 
show. 

The  subsequent  runs  over  the  week- 
end, were  still  cutting  prices,  not  only 
in  the  downtown  section  but  in  out- 
lying houses  as  well,  and  it  appears 
that  the  fight  will  continue  for  some 
time,  as  all  concerned  insist  that  they 
can   out-distance    the    other    fellow. 

The  Mayfair  this  week  filed  dis- 
solution papers  in  Circuit  Court  and 
Charles  Komer,  who  has  the  Redford 
and  several  other  houses,  was  ap- 
pointed to  operate  it  until  a  hearing 
on   the   petition   on   Jan.    15. 


Round  Table  Men  to 
Hold"Get-Together" 

A  Christmas  "get-together"  of 
members  and  friends  of  the  Managers' 
Round  Table  Club  of  Motion  Pic- 
ture Herald  is  to  be  held  Thursday 
night  in  the  Continental  Garden  of  the 
Brass  Rail  Restaurant,  49th  St.  and, 
7th  Ave.  with  A-Mike  Vogel,  chair- 
man, presiding. 

Many  features  are  planned,  accord- 
ing to  Vogel,  who  states  that  enter-J 
tainment  will  be  provided  by  variou^ 
stage,  screen  and  radio  stars.  ThrougB 
the  courtesy  of  Manager  Lew  Prestonl 
the  orchestra  of  the  Academy  of 
Music  will  put  on  a  musical  programj 
and  headline  acts  appearing  at  thaf 
theatre  will  also  be  on  hand. 

Vogel   states   the   Garden  will  seat] 
500  comfortably,  and  that  many  mana- 
gers are  making  reservations  for  their] 
assistants,   head   ushers   and   other   ofj 
the    house    staffs.       The    party    is    to 
start  at  midnight.     Eddie  Cantor  yes-j 
terday  promised  to  attend. 


"U"  to  Make  Series 
Of  Films  in  Parii 

Paris,  Dec.   18. — Universal  plans  _ 

series  of  features  here  to  be  made  JJ 

French.  Max    Friedman    will    be    ir 
charge. 


London,  Dec.  18. — Universal  ex- 
pects to  start  British  production  under 
its  deal  with  Julius  Hagen  on  Jan.  1. 
The  first  will  be  "The  Man  Who 
Changed   His    Name." 


THE  SAME  TO  YOV—Metro-Goldwyn-Mayer 


ctee^ 


>duced  by  Carl  Laemmle,  Jr., 
>m  the  stage  success  by  Siegfried 
'Geyer.  Presented  by  Carl  Laemmle. 
Directed  by 

JAMES  WHALE 


ii   new 


ESTHER 
tALSTON 


— it  new 


— a  new 


NILS 
ASTHER 


DOROTHl 
REVIER 


OPENING  AT  THE  RC 


— a,    new 


— it   new 


PAUL 

JLUJIxxi.kI) 


JLjJLii^Oxl. 

LANDI 


Y,  NEW  YORK,  SOON 


MOTION  PICTURE 

DAILY 


Tuesday,  December  19,   1933 


Attorneys  Hit 
Cost  of  Para. 
Receivership 


(Continued   from   paae    1) 

Davis  who,  after  listening  to  the  spir- 
ited objections  of  the  creditors'  at- 
torneys, ruled  that  further  affidavits 
might  be  filed  up  to  Friday  and  gave 
the  equity  receivers  until  Dec.  28  in 
which  to  answer  them.  The  referee 
will  make  his  report  to  the  U.  S.  Dis- 
trict Court  here  on  the  receivers'  pe- 
tition shortly  after  the  first  of  the 
year,  he  said. 

Heading  the  opposition  to  payment 
of  the  receivership  costs  was  Saul  E. 
Rogers,  bondholders'  attorney,  who 
based  his  objections  on  the  grounds 
that  the  equity  receivership  "had  not 
been  necessary  at  all"  and  that  the 
receivers'  petition  gave  "too  meagre" 
an  account  of  how  the  costs  of  the 
receivership  were  incurred. 

Also  opposing  payment  of  the  $296,- 
053  were  Victor  House  and  Samuel 
Zirn,  also  attorneys  for  Paramount 
Publix  bondholders'  groups ;  Samuel 
Kramer,  counsel  for  a  group  of  gen- 
eral creditors ;  S.  W.  Landon,  and 
counsel  for  a  group  of  creditor  banks. 
The  latter,  however,  while  making  no 
definite  objections  to  the  petition, 
urged  the  referee  to  give  it  "very 
careful  consideration  because  of  the 
magnitude  of  the  estate  involved." 

Predicts  $5,000,000  Fees 

Rogers  asserted  that  on  the  basis  of 
the  equity  receivership  costs,  "fees  of 
$5,000,000  might  be  expected  for  the 
period  of  the  bankruptcy."  House  and 
Zirn  asked  for  an  oral  hearing  on  the 
petition  with  an  opportunity  to  exam- 
ine the  receivers  and  their  counsel 
on  the  costs.  Referee  Davis  over- 
ruled the  petition  and  held  that  only 
written  affidavists  might  be  sub- 
mitted. Zirn  thereupon  filed  his  affi- 
davits, which  included  one  charging 
that  the  equity  receivership  was 
"illegal." 

Kramer  asked  for  more  detailed  in- 
formation on  the  items  for  which  pay- 
ment is  sought,  stating  that  there  was 
not  enough  information  in  the  peti- 
tion to  permit  him  to  decide  whether 
to  object  to  or  approve  the  charges. 
He  pointed  out  that  the  Paramount 
Publix  estate  would  have  to  "pay  the 
costs  of  the  Publix  Enterprises  bank- 
ruptcy proceedings,  too,  either  direct- 
ly or  indirectly,"  and  urged  the 
referee  to  consider  the  receivers'  fees 
in  the  light  of  salaries  paid  Para- 
mount executives  immediately  prior  to 
the  receivership. 

House  pointed  out  that  payment  of 
the  fees  for  the  equity  receivership 
might  be  illegal  in  view  of  a  still 
pending  action  to  have  Paramount 
declared  an  involuntary  rather  than  a 
voluntary  bankrupt,  in  which  case, 
he  said,  the  equity  receivers  would 
have  no  right  to  file  any  claims. 

Root,  in  defending  the  petition,  said 
that  while  he  was  admittedly  "biased'' 
in  its  favor,  he  believed  the  complex- 
ity of  the  Paramount  situation  mer- 
ited the  expenses.  His  law  firm  is 
listed  in  the  petition  for  fees  of  $125,- 
000,  and  is  also  counsel  for  the  Para- 
mount  Publix  trustees  in  bankruptcy. 

In  reply  to  a  question  as  to  why 
.Adolph  Zukor  should  be  listed  in  the 
petition  for  only  $23,000,  while 
Charles  D.  Hilles,  the  co-receiver,  was 
listed    for   $30,000,    Root    replied    that 


Film  Men  Plan  Benefits 
ToAidDuarte  Sanitarium 


The  Reason  Why 

Hollywood,  Dec.  18.— The 
national  experience  of  Ed  Sel- 
zer,  former  assistant  to  S. 
Charles  Einfeld  in  the  New 
York  publicity  department,  is 
directly  responsible  for  his 
selection  as  head  of  the  same 
department  at  the  studio. 
Jack  L.  Warner  is  understood 
to  have  had  a  direct  hand  in 
making  the  selection. 

In  the  meantime,  Selzer  is 
getting  fully  acquainted  with 
his  new  job  and  looks  forward 
to  Jan.  1  or  thereabouts  when 
his  wife  and  daughter  join 
him  from  New  York. 


Zukor  "didn't  want  to  ask  for  more 
than  the  amount  his  reduced  sal- 
ary gave  him,  just  prior  to  the  re- 
ceivership." Hilles,  Root  said,  was 
worth  more  because  he  came  into 
Paramount  "without  previous  experi- 
ence in  the  motion  picture  industry 
and,  therefore,  had  to  expend  more 
effort  than  Zukor  in  grasping  the  sit- 
uation." Hilles's  responsibility  and 
sacrifices  of  his  own  business  also 
contributed  to  the  amount  of  the  fee 
asked    for    his    services.    Root    said. 

"In  other  words,"  Rogers  remarked, 
"you  feel  the  man  should  be  paid 
$2,400  per  week  for  getting  an  edu- 
cation in  the  film  business." 


Realty  Associates 
Ordered  to  Pay  Tax 

Federal  Judge  Marcus  B.  Camp- 
bell in  Brooklyn  yesterday  ruled 
Realty  Associates  Security  Corp.,  a 
bankrupt,  and  its  affiliated  companies 
must  deposit  with  the  clerk  of  the 
court  sufficient  funds  to  cover  a  $849,- 
000  consolidated  tax  lien  filed  against 
the  concern  last  week  by  the  F'ederal 
government. 

A  meeting  of  the  bondholders  sched- 
uled for  yesterday  when  the  15  per 
cent  cash  distribution  was  to  be  con- 
firmed by  the  court  was  postponed 
until  Thursday.  The  courtroom  was 
crowded  with  bondholders  when  the 
judge  made  his  ruling.  The  com- 
pany had  hoped  to  pay  off  the  bond- 
holders before  Christmas.  In  addition 
to  the  15  per  cent  cash  payment,  bond- 
holders would  have  received  85  per 
cent  of  their  money  in  bonds  which 
were  to  mature   in   1943. 

Before  Thursday,  government  rep- 
resentatives and  attorneys  for  the 
companies  will  meet  to  allocate  the 
amount  of  tax.  The  court's  ruling 
means  that  Realty  Associates  must 
pay  its  share  off  the  government  lien 
before  it  can  be  discharged  as  a 
bankrupt  and  before  a  statement  can 
be  approved  by  the  court.  Realty  As- 
sociates filed  a  bankruptcy  petition 
July  10  at  which  time  it  had  $12,- 
500,000  in  outstanding  bonds  and  as- 
sets of  $16,335,000. 

Realty  Associates  has  a  large  cred- 
itors' claim  against  Paramount  Pub- 
lix, bankrupt,  ba.sed  on  contracts  and 
theatre  leases  it  held  for  building  the- 
atres operated  by  Publix  in  New 
York  and  other  sertif)ns  f)f  the  coun- 
try. 


Prominent  film  men  who  are  inter- 
ested in  the  Los  Angeles  Tubercular 
Sanitarium  at  Duarte,  Cal.,  near  Los 
Angeles,  are  making  plans  to  wipe  out 
a  $140,000  deficit  by  March  1  through 
a  series  of  dinners  in  New  York,  Chi- 
cago and  Los  Angeles  early  in  the 
new  year  and  a  benefit  theatre  party 
at  the  New  Amsterdam  Theatre,  New 
York,  on  Jan.  28. 

The  sanitarium  is  non-sectarian  and 
now  numbers  approximately  130  of 
its  patients  from  New  York.  Treat- 
ment is  entirely  without  charge  and 
the  status  of  patients  makes  no  dif- 
ference, the  work  reaching  as  far 
down  the  ladder  a3  a  messenger  boy 
at  Warners  who  spent  10  months  at 
Duarte  and  was  returned  to  New 
York  in  complete  health. 

The  benefit  planned  for  the  New 
Amsterdam  will  be  one  of  the  biggest 
shows  of  them  all.  Steve  Trilling  of 
the  Warner  Artists  Bureau  is  han- 
dling talent  while  Harry  Charnas  is  in 
charge  of  the  entire  procedure.  Spon- 
sors include  Will  Hays,  H.  M.  War- 
ner, Adolph  Zukor,  Max  Steuer, 
Mayor-elect  La  Guardia,  George  Jes- 
sel,  Eddie  Cantor,  Jack  Pearl  and 
Daniel  Frohman. 

Direct  sponsorship  is  the  Milk  and 
Egg  League  of  New  York,  of  which 
Mrs.  Charnas  is  chairman.  This  is  the 
New  York  end  of  the  sanitarium's  ac- 
tivities. 


See  Need  for  Good 
Films  and  Optimism 

By  S.  R.  KENT 

(Continued  from   page    1) 

business  is  stripped  down  to  the 
most  economical  organization,  the 
industry  will  very  quickly  reflect 
any  signs  of  returning  good  times. 
However,  this  will  not  be  ac- 
complished unless  we  give  the  pub- 
lic much  better  pictures  than  they 
have  been  receiving.  Over  and 
over  again,  it  has  been  stated  that 
the  solution  of  all  of  the  industry's 
ills  lies  in  good  pictures,  and  no 
discussion  of  this  business's  pros- 
pects can  get  away  from  that  ines- 
capable fact. 


By  FELIX  F.  FEIST 

(Continued  from   page    I) 

thirty-four  should  yield  satisfactory 
dividends  for  work  intelligently 
done. 


Seidelman  to  Go  Abroad 

J.  H.  .Seidelman,  foreign  sales  man- 
ager for  Columbia  and  now  in  Mex- 
ico looking  over  several  Spanish  pic- 
tures for  possible  distribution  in  Latin 
America,  plans  to  make  a  tour  of  Eu- 
rope late  in  January. 


Roach  Becomes  Jeweler 

Los  Angeles,  Dec.  18. — Hal  Roach 
has  gone  into  the  jewelry  business 
with  L.  H.  Driver,  under  the  firm 
name  of  Roach,  Driver,  Inc.,  and 
has  opened  a  store  on  Fifth   St. 


New  Suffolk  to  Open 

A.  II.  Schwartz  will  open  the  New 
Sufifolk  Theatre  at  Riverhead,  L.  I., 
Dec.   .30. 


Court  Allows 
Loew's  Stock 
Sale  to  Go  on 


(Continued  from  page   1) 
Securities  Corp.  to  take  over  the  Fox 
interest   in   Loew's. 

A  ruling  to  this  efifect  was  made 
yesterday  by  Federal  Judge  John 
Knox  in  U.  S.  District  Court  in  act- 
ing on  a  petition  of  John  R.  Hazel 
and  Thomas  Nelson  Perkins,  trus- 
tees of  Film  Securities  Corp.,  to  be 
relieved  of  further  duties  connected 
with  Film  Securities  Corp.  and  that 
its  affairs  be  wound  up.  Judge  Knox 
approved  the  trustees'  petition  with 
the  proviso  that  Hazel  and  Perkins 
see  that  the  sale  does  not  conflict  with 
anti-trust  laws  and  that  buyers  of 
the  stock  take  it  with  full  knowledge 
of  the  injunction  issued  last  Friday 
and  of  the  government's  1931  anti- 
trust decree  in  connection  with  acqui- 
sition of  a  controlling  interest  in 
Loew's  by  Fox. 

Judge  Knox  issued  the  injunction 
last  week  on  the  petition  of  John 
H.  Amen,  special  assistant  to  the 
attorney  general,  after  Saul  E.  Rog- 
ers, attorney  for  Harley  L.  Clarke, 
had  pointed  out  to  the  court  several 
days  before  that  an  absence  of  pros- 
pective purchasers  for  the  stock 
threatened  to  give  the  Chase  Nation- 
al Bank,  holder  of  the  bulk  of  the 
defaulted  Film  Securities  notes,  pos- 
session of  the  stock.  Rogers  pointed 
out  that  with  Chase  now  in  control 
of  Fox  Films,  Loew's  would  come 
under  the  same  control  if  the  block 
of  stock  were  permitted  to  revert  to 
the  bank  by  default,  thereby  creat- 
ing the  same  situation  which,  in  1931, 
led  to  the  government's  anti-trust  ac- 
tion  against   Fox. 

The  injunction  issued  last  week 
seeks  to  prevent  this  situation  from 
developing  by  virtually  disqualifying 
prospective  purchasers  identified  with 
interests  controlling  either  Fox  or 
any    other    film    or    theatre    company. 

So  far  as  could  be  learned  yester- 
day there  were  no  known  bidders  for 
the  entire  block  of  Loew's  stock. 


Joe  Breen  Gets  780 
Changes  in  Scripts 

(Continued  from  page   1) 
proposed    scripts,    is    trying    to    make 
the  cleanup  100  per  cent. 

With  less  than  a  week  on  the  job 
Breen  has  caused  approximately  780 
changes  in  scripts  in  preparation  and 
in  scenes  already  made  for  pictures 
now  in  production.  In  each  instance 
the  producers  have  made  changes  will- 
ingly. 


Show  ''Hollywood"  Today 

M-G-M  will  trade  show  "Going 
Hollywood"  at  2  o'clock  this  after- 
noon at  the  Astor  for  local  exhibitors. 

Motion  Picture  Daily  previewed 
the  picture  by  wire  from  Hollywood 
on   Dec.   12. 


Kusell  Off  Tomorrow 

Milt  Kusell,  eastern  captain  in  the 
Paramount  Victory  Drive,  leaves  for 
Philadelphia  and  Washington  tomor- 
row. Neil  Agnew,  sales  manager,  is 
on  his  way  back  from  a  western  tour 
of   exchanges. 


Come  and  Make  Merry 
With  Santa  Claus 


fi>^ 


"^fi 


^^ 


^life<. 


Associated  Motion  Picture  Advertisers,  Inc.,  (A.  M.  P.  A.)  cor- 
dially invites  the  men  and  women  of  our  industry  to  join  with  them 
in  a  joyous  Christmas  Luncheon  Party  to  be  held  on  Thursday,  Dec. 
21st,   at    12:45    P.    M.   in   the   Grand    Ball    Room    of   the    Hotel   Astor. 

Subscription,  Including  Luncheon  and  Remarkable  Entertainment 

One  Dollar  [$1.00] 

Seating  accommodations  limited  to    1 ,000. 

Attendance  limited  to  persons  in  tlie  mo- 
tion  picture  industry    and  affiliated  arts 

AN    OCCASION   for   THANKSGIVING   and    GOOD-FELLOWSHIP 


-Tickets   obtainable    in    advance    frora  the   following: 


Columbia  Pictures — Lou  Goldberg 
Educational  Films — Gordon  White 
Film  Daily — Marvin  Kirsch 
Fox  Films — Gabe  York 
Majestic  Pictures — Bert  Ennis 
Metro-Goldwyn-Mayer — Howard  Dietz 
Monogram  Pictures — Ed.  Finney 
National  Screen  Service — W.  B.  Brenner 


Watch    For    Announcements     Of    Our    Surprise    Guests! 


Paramount  Pictures — J.  P.  McLoughlin 

Puigley  Publications — Ray  Gallagher 

R.K.O.— Robert  Sisk 

The  Billboard — Leslie  G.  Anderson 

United  Artists — Monroe  Greenthal 

Universal — Paul  Gulick 

(Variety — Lou  Rydell 

Warner  Bros.-First  National — Mort  Blumenstock 


MOTION  PICTURE 

DAILY 


Tuesday,  December  19,   1933 


Rotating  Head 
Is  Sought  for 
CodeAuthority 


(.Continued  from  page  1) 
two  days.  The  first  session  probably 
will  open  and  close  with  appointment 
of  a  chairman  and  adjournment  called 
until  Thursday  morning,  when  sub- 
committees are  expected  to  be  named. 
A  well-known  film  man  is  understood 
to  have  been  suggested  for  the  post 
of  secretary,  while,  among  other  mat- 
ters for  Code  Authority  deliberations, 
are  included  selection  of  permanent 
headquarters  and  a  method  of  assess- 
ing the  industry  on  the  cost  of  code 
operation  and  enforcement. 

Rosenblatt  arrived  from  Washing- 
ton early  this  morning  for  prelimin- 
sury  conferences. 


Rosenblatt  Conies 
Here  for  Meeting 

,  Washington,  Dec.  18. — Deputy 
Administrator  Sol  A.  Rosenblatt  left 
tonight  for  New  York  to  attend  the 
first  meeting  of  the  Code  Authority 
on  Wednesday.  He  is  expected  to  re- 
turn to  Washington  Thursday. 

Rosenblatt  was  advised  today  by 
Marie  Dressier  that  she  would  not  be 
able  to  attend  the  New  York  meeting. 
She  indicated,  however,  that  she  would 
attend  subsequent  meetings. 

Neither  Miss  Dressier  nor  Eddie 
Cantor,  who  were  appointed  by  the 
President  as  labor  representatives  on 
the  Code  Authority,  can  have  alter- 
nates, and  when  they  are  unable  to 
attend  meetings  at  which  labor  mat- 
ters are  to  come  up  the  Code  Author- 
ity will  proceed  without  them. 

Government  representatives  on  Code 
Authorities  have  also  been  refused  the 
privilege  of  having  alternates.  An 
effort  to  secure  such  permission  for 
members  of  the  theatre  Code  Author- 
ity was  rejected  on  the  ground  that 
while  industrial  members  can  readily 
secure  substitutes  who  are  familiar 
with  their  problems  this  would  not 
be  possible  for  the  Government  mem- 
bers. 


Code  Adoption  Sends 
Costs  Up  12  Million 

Hollywood,  Dec.  18.  —  Formal 
adoption  of  the  code  by  14  major 
studios  today  will  increase  production 
costs  by  an  estimated  $12,555,000. 
Based  on  a  $135,000,000  budget  for 
the  current  year,  this  increase  repre- 
sents a  15-per-cent  hike  in  wages, 
rise  in  cost  of  supplies,  additional  out- 
lay for  advertising,  taxes,  story  mate- 
rial and  other  items. 


To  Protest  Code 

Hollywood,  Dec.  18.— Not  entirely 
satisfied  with  the  code,  the  Independ- 
ent M.  P.  Producers'  Ass'n.  plans  a 
protest  meeting  this  week.  B.  P. 
Schulberg  holds  the  industry  cannot 
continue  to  function  under  the  NRA 
unless  the  whole  Recovery  program 
succeeds. 


Oft  for  Father*8  Burial 

Hollywood.  Dec.  18.  —  Merian 
Cooper  is  on  his  way  to  Jacksonville, 
Fla.,  to  attend  the  funeral  of  his 
father  who  is  dead  there  of  heart 
failure. 


Little  Women  ^^  Holds  Up 
Despite  Seasonal  Slump 


Reports  from  the  country's  key  cen- 
ters indicate  a  pre-Christmas  falling 
off  everywhere,  with  "Little  Women" 
the  only  attraction  making  a  uniform- 
ly strong  showing  both  in  its  first 
weeks  and  holdovers.  In  Chicago  last 
week  its.  $28,000  gross  was  the  only 
above-average  figure  on  the  Loop,  this 
despite  the  fact  that  it  was  in  its 
second  week  at  the   Palace. 

In  San  Francisco,  St.  Paul,  Se- 
attle, Buffalo,  Detroit,  Pittsburgh  and 
Portland  it  was  similarly  strong.  In 
Portland  the  $10,000  gross  of  the  pic- 
ture at  Harnrick's  Music  Box  was 
more  than  triple  the  normal  take  in 
the  second  week,  and  it  was  the  only 
first  run  in  town  to  top  average,  ex- 
cept a  dual  bill  consisting  of  "Hoopla" 
and  "Take  a  Chance"  at  the  Para- 
mount. 

In  Providence,  for  some  unknown 
reason,  the  picture  fell  away  below 
normal  with  a  $5,500  gross  at  the 
RKO  Albee.  Business  was  also  off 
in  other  first  runs  in  the  Rhode 
Island  capital,  with  the  exception  of 
a  dual  bill,  "Hoopla"  and  "Public 
Stenographer,"  at  the  Majestic  and 
another  dual,  "Love,  Honor  and  Oh, 
Baby"  and  "The  Man  They  Couldn't 
Arrest,"  at  the  RKO  Victory. 

"Dancing  Lady"  took  $37,293  in  its 
second  week  at  the  Capitol  here. 
"House  on  S6th  St."  was  good  for 
$13,140  in  its  second  week  at  the 
Hollywood,  and  "Son  of  a  Sailor," 
also  a  holdover  for  six  days,  with 
"The  Sin  of  Nora  Moran"  on  the  sev- 
enth day,  garnered  $11,040.  "Charm- 
ing Deceiver"  grossed  $17,100  at  the 
Roxy. 

Holiday  shopping  and  zero  weath- 
er put  a  crimp  in  Cleveland  busi- 
ness. "Sitting  Pretty,"  with  a  $11,- 
500  take  at  Loew's  State,  was  the  onlv 
above-par  attraction  in  the  city.  "A 
Man's  Castle"  and  "Hoopla"  were  the 
two  other  features  to  show  some 
strength. 

Philadelnhia  went  into  the  holiday 
doldrums  last  week  with  "After  To- 
night" the  only  attraction  standing 
nn.  It  took  $13,000  at  the  Earle.  "As 
Husbands  Go."  with  Mary  MrCor- 
mick  on  the  Fox  stage,  took  $15,500. 

"Dancing  Lady"  ran  away  with  ton 
honors  in  Minneapolis  and  St.  Paul, 
eetting  $14,000  for  day  and  date  show- 
ings at  the  Minnesota  and  Paramount. 
"Havana  Widows,"  aided  bv  Earl 
Carroll's  "Vanities,"  took  $6,500  at 
the  Minneapolis  Orpheum.  and  "Little 
Women"  held  up  to  $5,500  in  the  St. 
Paul  Ornheum.  "Berkeley  Square" 
took  $6,500  at  the  Minneapolis  State. 

Grosses  dipped  in  San  Francisco 
with  onlv  two  houses  gettincr  normal 
takes.  "Little  Women"  grabbed  $13,- 
SOO  at  the  Golden  Gate,  the  best  bus- 
iness in  town.  The  Fox,  with  a  dual 
bill  consisting  of  "Bitter  Sweet"  and 
"16  Fathoms  Deep."  and  10  vaude- 
ville acts,  garnered  $11,700.  "The 
World  Chansres"  was  weak  with  $11,- 
000  at  the  Parampunt. 

Seattle  put  "Little  Women"  into  the 
lead  fnr  a  second  week  with  a  gross 
nf  $6,000.  over  nar  by  $2,000.  at  the 
Blue  Mouse.  "Onlv  Yesterday"  and 
"Timmv  and  Sally"  were  the  only 
other  features  in  town  to  do  normal 
business. 

In  a  week  marked  bv  general  dull- 
ness at  Buffalo  "The  Invisible  Man" 
came  through  with  $8,000  at  the  La- 


fayette. This  is  about  $1,500  over  the 
normal  take  for  the  house.  "Little 
Women"  held  up  to  $7,600  at  the 
Great  Lakes  in  its  second  week. 
Helped  by  a  stage  show,  "Her  Sweet- 
heart" took  $15,000,  normal,  at  the 
Buffalo. 

Universal  had  a  fine  week  in  Den- 
ver, with  "The  Invisible  Man"  going 
$1,000  over  normal  for  a  gross  of 
$4,500  at  the  Aladdin  and  "Only  Yes- 
terday" getting  $11,000  at  the  Or- 
pheum. These  were  the  only  two 
strong   attractions   in   town. 

"A  Man's  Castle"  was  the  only  at- 
traction in  Detroit  last  week  to  suc- 
cessfully battle  the  pre-Christmas 
slump.  It  reached  $16,300  at  the 
Fox,  helped  by  a  stage  show.  "Little 
Women"  took  $9,300  in  its  third  week 
at  the  Downtown.  This  is  only  $700 
below  an  average  first  week  take. 
"TiUie  and  Gus,"  "Sitting  Pretty," 
"Havana  Widows"  and  "Disraeli" 
were   all   weak. 

"Little  Women"  demonstrated  its 
drawing  power  in  Pittsburgh  by  pull- 
ing $11,000  in  its  second  week  at  the 
Stanley.  This  was  outstanding  be- 
cause "My  Lips  Betray"  and  "If  I 
Were  Free"  were  the  only  two  other 
attractions  in  town  to  do  average  bus- 
iness. "Meet  the  Baron"  was  a  dis- 
appointment with  $7,200  at  the  Penn. 

"Only  Yesterday"  was  the  only  fea- 
ture to  make  a  showing  in  Oklahoma 
City.  It  took  $5,000,  normal,  at  the 
Midwest.  "Hoopla,"  "The  Prizefight- 
er and  the  Lady,"  "Wild  Boys  of  the 
Road"  and  "Horse  Play"  were  all 
weak. 


Plans  Up  for 
Shifting  of 
Authorities 


(.Continued  from  pape  1) 
impression  that  the  third  representa- 
tive on  the  Code  Authority  may  not 
be  immediately  named.  If  the  Presi- 
dent approves  the  scheme  and  orders 
it  put  into  effect,  it  is  pointed  out,  it 
would  necessitate  a  revamping  of  the 
Government  representation  on  the  au- 
thority now  consisting  of  Dr.  A.  Law- 
rence Lowell  and  Deputy  Administra- 
tor Sol  A.  Rosenblatt. 

Inasmuch  as  Lowell  was  appointed 
by  the  President  personally,  it  is  pre- 
sumed he  would  continue  as  the  Gov- 
ernment representative,  although  there 
have  been  rumors  that  he  will  resign 
shortly  on  the  ground  that  the  work 
will  demand  more  time  and  effort  than 
he  can  afford  to  devote  to  it. 


Cleveland  to  Talk  Code 

Cleveland,  Dec.  18. — All  independ- 
ent theatre  owners  have  been  invited 
by  the  Cleveland  M.  P.  Exhibitors 
Ass'n  to  join  their  meeting  on  Thurs- 
day when  President  Ernest  Schwartz 
will  present  an  explanation  of  the 
code.  Prior  to  the  general  meeting 
the  association  will  meet  to  hold  its 
annual   election. 


Kuykendall  Arrives 

Ed  Kuykendall,  president  of  the 
M.P.T.O.A.,  arrived  in  New  York 
from  Columbus,  Miss.,  yesterday  for 
the  first  meeting  of  Code  Authority 
at  the  Bar  Ass'n  Building  tomorrow 
afternoon. 


YOU  CAN  HAVE   HIGH   INTENSITY 

ILLUMINATION 

In  Your 

Neighborhood  Theatre 

at  an  added  cost  of  less 
than  2  cents  per  hour 

.   .   One  More  Patron  Per  Day  Pays  the  Bill  .  . 

NATIONAL  COPPER  COATED  HIGH  INTENSITY  A.C. 

PROJECTOR  CARBONS 

A  much  higher  level  of  screen 
illumination  than  the  low  in- 
tensity D.C.  reflector  arc 
provides. 

SNOW  WHITE  QUALITY 
INCREASED  PATRONAGE 

New  Type  Lamps  Required 
NATIONAL  Available  Now 


PROJECTOR     CARBONS 


Sold  exclusively  through  Distributors  and  Dealers 

NATIONAL  CARBON  COMPANY,   INC. 

Carbon  Sales  Division,  Cleveland,  Ohio 
Unit  of  Union  Carbide  |IH<  and  Corboii  Corporation 

Branch  Sales  Offices: 
New  York         Pittsburgh         Chicago         San  Francisco 


1 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 

and  '<C^^.  \u^^ 
Failhfiiti   1 
Service  to' 
the  Indiistry 
in  All 
Branches 


VOL.  34.   NO.  144 


NEW  YORK,  WEDNESDAY,  DECEMBER  20,  1933 


TEN  CENTS 


Loew's  Stock 
Acquired  by 
Noteholders 


Anti-Trust    Violation    Is 
Charged  by  Rogers 

The  holders  of  $18,300,000  of  de- 
faulted notes  of  Film  Securities 
Corp.  yesterday  purchased  the  660,900 
shares  of  Loew's,  Inc.,  common  stock 
at  public  auction  for  $18,604,335, 
which  represents  the  face  value  of  the 
notes  plus  interest  from  April  1,  the 
date  on  which  the  notes  were  de- 
faulted.     Only  one  bid  was   received. 

Acquisition  of  the  Loew's  stock  by 
the  purchasing  group  is  alleged  to 
place  control  of  both  Loew's  and  Fox 
Film  with  the  Chase  National  Bank. 
Saul  E.  Rogers,  attorney  for  Har- 
ley  L.  Clarke,  charged  this  in  de- 
scribing the  result  of  the  sale  yester- 
day as  returning  control  of  Loew's 
(Continued  on   page  2) 


Oregon  Men  Asking 
Duals    Concessions 

Portland,  Dec.  19. — Seventy-five 
members  of  the  Oregon  M.  P.  Club 
composed  of  representative  exhibitors 
throughout  the  state  as  well  as  ex- 
change heads  have  decided  to  accept 
the  code  with  a  reservation  that  dual 
billing  will  not  be  permitted  in  this 
territory  except  when  approved  by  75 
per  cent  of  exhibitors. 

Efforts  to  get  Deputy  Administra- 
tor Sol  A.  Rosenblatt  to  make  a  con- 

(.Continued  on    Parle   9) 


Warners'  Officers 
Are  All  Reelected 

All  officers  of  Warner  Bros.  Pic- 
tures were  reelected  yesterday  at  the 
first  meeting  of  the  company's  direc- 
tors to  be  held  following  the  recent 
annual  meeting  of  stockholders  at  Wil- 
mington, Del.,  at  which  the  present 
directors  were  elected. 

Officers  reelected  are:  Harry  M. 
Warner,    president;    Albert    Warner, 

(Continued   on    pane   2) 


Talk  Plan  to  Save 
Awards  by  Academy 

Hollywood,  Dec.  19. — Facing  possi- 
ble elimination  of  the  Academy  awards 
because  of  chaotic  conditions  here, 
Howard  Estabrook  has  come  forth 
with  the  suggestion  that  the  Actors' 
and  Writers'  Guilds,  the  American 
Society      of      Cinematographers      and 

(Continued  on   pane  2) 


Will  Post  Names,  Invite 
Criticism  of  Code  Boards 


Cleveland  Independents  Go 
Sour  on  Percentage   Films 


By  RED  KANN 

Cleveland.  — September  was  the 
cause  of  it  all.  Good,  old  NRA,  riding 
pretty  high,  carried  plenty  of  hopes 
with  it.  Theatres  in  these  parts  knew 
something  was  around  which  hadn't 
been  for  a  couple  of  years.  Maybe  that 
fabled  corner  had  been  turned.  No- 
body knew,  but  this  had  the  earmarks 
of  the  real  thing. 

It  followed, that,  when  local  branch 
managers  and  salesmen  went  calling 
to  discuss  and  to  sell  some  of  their 
pictures  in  percentage  brackets  high- 
er than  those  prevailing  the  season 
before,  many  of  Cleveland's  independ- 
ents  not   only   listened,   but   signed. 

"Twenty-five  per  cent  last  vear  and 
30  or  35  this  year?  So  what!  Busi- 
ness is  good  and  we  can  afford  the 
increase,"  went  the  line  of  reasoning 
and  so  went  the  contracts.  What  many 
of  the  independents  overlooked  then, 
but  not  now,  is  that  it  worked  out  dif- 
ferently by  mathematical  formula.  This 
is  how.  also  why  : 

(Continued   on    pane   4) 


Number  Seven 

This  is  the  seventh  article 
in  a  series  on  business  condi- 
tions in  the  Middle  West. 


Film  Delivery 
Men  Form  New 
National  Body 


Representatives  of  film  delivery 
services  from  all  key  cities  made  an 
effort  to  achieve  unity  in  this  branch 
of  the  industry  at  the  Hotel  Pennsyl- 
vania yesterday  by  organizing  Nation- 
al Film  Carriers,  Inc.  The  announce- 
ment   that    the    film    truckers    of    the 

(Continued  on   pane  9) 


Schiller  Hails  Upswing; 
Wehrenberg Faith  in  NRA 


By  E.  A.  SCHILLER 

Vice-President,    Loew's,   Inc. 

Optimism  based  on  fact,  rather  than 
hopes,  seems  to  be  in  order  as 
we  look  toward 
1934.  President 
Roosevelt  says 
we  are  on  the 
way  up,  and 
I  believe  he 
knows.  With 
thousands  re- 
turning to  work, 
the  exhibition 
business  must 
benefit. 

There  is  still 
and  always  will 
be  a  demand  for 
theatrical  enter- 
tainment. All  we 
need  is  a  public  with  money  to  spend 
(Continued  on  page  2) 


By    FRED   WEHRENBERG 

President,  M.  P.  T.  O.  Eastern 

Missouri 

St.  Louis,  Dec.  19. — Well,  we  went 
to    Washington    and    the    Government 
has  told  us  what 
to  do  and  what 
not  to  do. 

I  have  great 
faith  in  the 
NRA,  not  that 
we  got  every- 
thing we  want- 
ed, but  we,  at 
least,  came  out 
with   something. 

Every  exhibi- 
tor should  back 
the  Administra- 
tion and  the 
NRA,  and  if  the 
code  works  a 
hardship,  the  leaders  of  this  industry 

(Continued  on    pane   2) 


Majors   Want  Personnel 

Fair — Before  Code 

Authority  Today 


Fixed  in  their  determination  to 
maintain  grievance  and  clearance  zon- 
ing boards  on  a  plane  beyond  any 
harpooning.  Motion  Picture  Daily 
learned  late  last  night  Code  Authority 
members,  representing  major  com- 
panies, will  propose  submitting  per- 
sonnel of  all  boards  to  the  fire  of  a 
two  weeks'  publicity  insi)ection.  The 
suggestion,  which  stands  an  excellent 
chance  of  being  adopted  when  the 
Code  Authority  meets  for  the  first 
time  this  afternoon,  would  call  for 
criticism  of  any  appointee  on  any  of 
the  boards  from  any  section  of  the  in- 
dustry and  removal  of  such  member, 
before  entering  actual  service  in  event 
criticism  were  held  by  the  Code  Au- 
thority to  warrant  a  substitution. 

The  major  companies  last  night 
were  reported  as  viewing  this  an  "ace" 
move  in  pulling  out  by  the  roots  any 
trepidation  or  suspicion  which  may 
now,  or  in  the  future,  arise  over  the 
integrity  of  board  personnel.  Their 
(Continued  on   page   9) 


Rosenblatt  Is  Made 
Head  New  Division 

Washington,  Dec.  19. — Establish- 
ment of  a  new  division  to  deal  with 
amusement  codes,  with  Sol  A.  Rosen- 
blatt as  division  administrator,  was 
announced  today  by  Executive  Admin- 
istrative Officer  Alvin  Brown  of  the 
NRA. 

Under  the  reorganization  announced 
some  weeks  ago,  four  divisions  were 
established,  but  the  amusement  indus- 

(Contiuued  on   pane   9) 


Labor  Board  Placed 
On  Permanent  Basis 

Washington,  Dec.  19. — Permanent 
status  today  was  given  the  National 
Labor  Board  in  executive  orders  is- 
sued by  the   President,  which   give  it 

(Continued  on   page  9) 


Rocky  Mountain  Men 
Discuss  Code  Terms 

Denver,  Dec.  19. — About  60  ex- 
hibitors with  copies  of  the  code  as 
printed  in  Motion  Picture  Daily  at- 

(Cnntinued   on   page   2) 


MOTION  PICTURE 

DAILY 


Wednesday,  December  20,   1933 


MOTION  PICTURE 

DAILY 

(Registered  U.   S.   Patent  Office) 


Hails  Trade  Gains; 
Sets  Faith  in  NRA 


Vol. 


December  20.    1933 


No.   144 


Majitim   Quicukv 
EditoT-in-Chiri  and  Publisher 

MAURICE   KANN 

Editor 
JAMES  A.  CRON 
Advertising  Manager       SWS— 


Publiihed  daily  except  Sunday  and  holi- 
dayi  by  Motion  Picture  Daily,.  Inc..  sub- 
si/iary  of  Quigley  Publications.  Inc.. 
SiiAin  Quigley.  Irisident;  Colvin  Brown. 
Vice-President  and  Treasurer. 

PubhS  ion  Office:  1790  Broadway.  New 
York  Telephone  Circle  7-3100  Cable  ad- 
dress  "Quigpubco.  New  York.".  All.  con- 
t^  co^ghted  1933  by  Motion  Picture 
D^y,  Inc.  Address  all  correspondence  to 
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PICTURE    ALMANAC    and    THE    CHI- 

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Road,  Golders  Green,  Bernard  Charh 
Represenutive,  Berlin  Bureau:  Berlin -.j-in- 
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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. 


By  FRED  WEHRENBERG 

(Continued  from   page    1) 

will  see  that  it  is  changed,  but  we 
must  at  least  give  it  a  fair  trial.  My 
advice  to  all  exhibitors  is  to  keep  their 
chin  up,  keep  a  stiff  upper  lip,  be  real 
showmen,  cooperate  with  the  Better 
Films  Council  by  getting  back  of  a 
family   night   and    1934   will   be   O.  K. 


Warners*  Officers 
Are  All  Reelected 

(Continued  from   paae    1) 

vice-president;  Jack  L.  Warner,  vice- 
president;  Sam  E.  Morris,  vice-presi- 
dent; Herman  Starr,  vice-president; 
Albert  Warner,  treasurer;  Samuel 
Carlisle,  assistant  treasurer  ;  W.  Stew- 
art McDonald,  assistant  treasurer; 
Abel  Cary  Thomas,  secretary  and 
general  counsel;  Harold  S.  Bareford, 
assistant  secretary;  Paul  A.  Chase, 
assistant  secretary;  Edward  K.  Hess- 
berg,  assistant  secretary  ;  Samuel  Car- 
lisle, comptroller,  and  Thomas  J. 
Martin,  auditor. 


Talk  Plan  to  Save 
Awards  by  Academy 

(Continued   from   pane    1) 

what  is  left  of  the  Academy  get  to- 
gether and  apptiint  committees  of  each 
group  to  work  out  some  sort  of  a 
combination  on  the  awards. 

J.  T.  Reed,  Academy  head,  is  in 
sympathy  with  the  idea  and  it  is  un- 
derstood others  are  favorably  inclined. 


Nizer  to  Analyze  Code 

Personnel  of  all  Uxral  t-xchanges  will 
meet  this  afternoon  at  the  Edison 
Hotel  to  hear  an  analysis  of  the  indus- 
try cfxle  bv  Louis  Nizer,  secretary  of 
the  New  York  Film  Board  of  Trade. 
About  ISO  will  attend  the  session 
which  opens  at  3  P.  M. 


Elect  Neal  in  Indiana 

Indianapolis,  I3ec.  19. — S.  _  W. 
Neal,  Kokomo,  was  named  president 
of  the  Associated  Theatre  Owners  of 
Indiana   today. 


By  E.  A.  SCHILLER 

(Continued  from   page    1) 

for  the  amusement.  With  cooperation 
of  all  branches  of  our  industry  under 
the  NR.\  code,  I  feel  sure  conditions 
will  be  better  and  with  continued  fine 
product  for  our  theatres,  the  business 
will  share  liberally  in  the  general  im- 
provement which  seems  definitely  un- 
der wav. 


Code  for  Paries  Is 
Delayed  Two  Months 

Washington,  Dec.  19. — Failure  of 
proponents  to  furnish  adequate  data 
and  statistics,  challenges  of  their 
claims  as  to  the  proportion  of  the 
industry  they  represent  and  severe 
criticism  of  proposed  labor  provisions 
today  led  Assistant  Deputy  Admin- 
istrator William  P.  Farnsworth  to 
postpone  for  two  months  the  hearing 
on  the  code  for  the  outdoor  amuse- 
ment park,  pool  and  beach  industry. 

Rocfcy  Mountain  Men 
Discuss  Code  Terms 

(Continued  from   Page   1) 

tended  the  opening  of  the  two-day 
convention  of  the  Rocky  Mountain 
Theatre  Owners  here  today. 

Practically  all  of  the  first  session 
was  spent  in  analyzing  the  code  clause 
by  clause.  The  feeling  is  that  the 
code  favors  distributors  over  exhibi- 
tors.    Harry  Huffman  presided. 

Officers  will  be  elected  and  resolu- 
tions adopted  tomorrow. 


Erpi  Wins  in  Two 
Cases,  It  Declares 

Erpi  is  victor  in  two  actions  involv- 
ing its  sound  equipment,  the  company 
declared  yesterday. 

In  the  case  of  Dunlap.  et  al,  vs. 
Stein,  et  al,  decided  by  the  U.  S.  Dis- 
trict Court  for  the  Southern  District 
of  Texas,  it  was  held  the  owner  of  a 
theatre  has  no  lien  on  sound  reproduc- 
ing equipment  leased  by  a  third  party 
to  a  tenant  operator  for  a  period  of 
years. 

Dunlap  and  Schnorenberg,  as  land- 
lords of  the  Bijou  at  La  Feria,  Tex., 
leased  the  theatre  to  E.  F.  Stein,  who 
made  an  agreement  with  Erpi  for  lease 
of  and  license  to  use  a  Western  Elec- 
tric sound  equipment.  Upon  Stein's 
failure  to  meet  the  rental  payments  to 
the  landlord,  the  latter  instituted  this 
action  to  recover  and  sought  to  estab- 
lish and  have  foreclosed  a  landlord's 
lien  on  the  sound  equipment,  their  con- 
tention being  that  the  agreement  of 
lease  between  Erpi  and  Stein,  although 
termed  a  lease,  was  a  conditional  sale, 
and  that  Stein,  having  title  to  the 
equipment,  plaintiffs  posessed  a  valid 
lien  thereon  under  the  laws  of  Texas. 

Erpi's  cross  bill  seeking  recovery 
against  Stein  for  rentals  for  use  of  the 
equipment  during  the  period  of  litiga- 
tion was  also  allowed  and  judgment 
rendered  for  $1,400. 

Judgment  amounting  to  $678.94  with 
interest  and  costs  also  has  been  award- 
ed to  Erpi  in  a  court  action  brought 
against  the  Landbar  Amusement  Co. 
and  Arthur  Landsman,  as  an  individ- 
ual, and  operator  of  the  Gem,  New 
York  to  recover  unpaid  installments 
and  liquidated  datnages  claimed  to  be 
due  under  lease  of  sound  equipment. 


Noteholders  Take 
Over  Loew's  Stock 


Casey  Explains  Code 

Hollywood,  Dec.  19. — Pat  Casey, 
chairman  of  the  producers'  committee 
on  labor,  today  held  the  first  general 
meeting  with  studio  managers,  clari- 
fying  the   code. 


Midland  Hearing  on 
Receiver  Set  Jan,  2 

Kansa.s  City.  Dec.  19. — Continued 
several  times,  the  hearing  on  a  peti- 
tion for  a  temporary  receivership  of 
the  Midland  Realty  and  Investment 
Co.  has  been  set  for  Jan.  2  in  the 
circuit  court  here. 


North  Is  Made  Head 
Of  Warner  Division 

Detroit,  Dec.  19. — Fred  North, 
Warner  branch  manager  here,  is  un- 
derstood to  have  been  made  a  divi- 
sional manager. 


Stocfcs  Active — Eastman  Up  ly^ 

IHigh 

Consolidated   Film  Industries 2^ 

Consolidated    Film    Industries,    pfd 954 

Kastman    Kodak    8054 

Fox     Film     "A" 137/ii 

Loew's.  Inc 30^ 

I^ew's.    Inc..    pfd 73 

Paramount   Publix    2^ 

I'athe    Exchange    151t 

Pathe    Exchange    "A" 105^ 

R  KO     2V» 

Warner    Bros 55^ 

Curb  Issues  Slump  Slightly 

High 

Technicolor     9 

Trans   Lux   154 

Trading  Heavy  in  Bond  Market 

High 

CJeneral    Theatre    Equipment    6s    '40 3 

General   Theatre  Equipment  6s  '40,  ctf 3 

Keith    n.   F.   6s   '46 52 

Loew's  6s  '41.  WW  deb  rights 81 

Paramount    Broadway   S'/jS   '51 31 

Paramount    F.    L.    6s    '47 28 

Paramount    Publix    S'As    'SO 27 

Pathe    7s    '37,    ww 83!/5 

RKO  6s  '41.  pp 18 

arncr    Bros.   6s    '39,   wd 39 


Net 

Low 

Close 

Change 

Sales 

23/r 

25^8 

-f  'A 

100 

m 

m 

+  Vs 

400 

ym 

8054 

-t-154 

400 

13Vi 

13/3 

-  'A 

1,800 

29'/, 

30 

+  Vi 

2.600 

73 

73 

-VA 

100 

\% 

2 

-'A 

6,500 

l'/4 

15^8 

-'A 

2,200 

m 

9'/. 

-VA 

4,900 

2'A 

2'A 

-% 

600 

S<A 

igh 

i'A 

tly 

Net 

5,800 

Low 

Close 

Change 

Sales 

854 

854 

-54 

300 

IH 

m 

-  'A 

lOO 

'  Market 

Net 

Low 

Close 

Change 

Sales 

3 

3 

1 

254 

3 

-f  V* 

5 

52 

52 

4-1 

2 

80'/j 

&0'A 

-VA 

4 

31 

31 

+  54 

9 

27 

28 

1 

27 

27 

4 

83 

83/, 

+m 

3 

18 

18 

-1-1 

1 

38/a 

38f^ 

-H 

20 

(Continued  from  page   1) 

and  Fox  "to  the  same  situation  which 
existed  when  the  government  inter- 
vened under  the  anti-trust  laws  and 
separated  single  control  of  the  two 
film  companies  by  setting  up  Film 
Securities  Corp.  to  take  over  the  Fox 
control   of    Loew's." 

Rogers  said  he  would  take  steps 
to  have  the  sale  of  the  stock  set 
aside  unless  the  new  owners  moved 
immediately  to  dispose  of  it. 

The  bid  for  the  entire  block  of 
Loew's  stock  was  made  by  John  R. 
Dillon  of  Hayden,  Stone  &  Co.,  who 
represented  the  holders  of  the  de- 
faulted Film  Securities  notes  on  which 
the  block  of  stock  was  posted  as  col- 
lateral. Hayden,  Stone  held  $2,000,- 
000  of  the  defaulted  notes;  Chase 
National  Bank,  $4,000,000;  A.  T.  & 
T.,  $8,000,000;  Dillon,  Read  &  Co., 
$2,000,000,  and  the  remaining  $2,300,- 
000  was  held  by  scattered  accounts. 

Price  Is  $28.15  a  Share 

The  bidders'  price  represented 
$28.15  per  share.  Yesterday's  closing 
price  for  Loew's  was  $30,  or  a  mar- 
ket price  for  the  block  of  $19,827,000, 
as  compared  with  the  $18,604,335 
paid  at  auction  yesterday,  and  the 
$76,000,000  originally  paid  for  the 
stock  by  William  Fox,  who  acquired 
it    in    1927. 

The  stock  first  was  offered  at  auc- 
tion by  Adrian  H.  Muller  &  Son, 
auctioneers,  in  the  131  individual 
blocks  of  5,000  shares  each  and  one 
block  of  5,900  shares.  No  bids  were 
received  for  any  of  the  individual 
blocks.  The  entire  block  of  660,900 
shares  was  then  offered  as  a  unit, 
and  the  noteholders'  successful  bid 
was  the  only  one  received.  The  $18,- 
300,000  notes  of  Film  Securities  Corp. 
will  be  turned  in  by  the  holders  in 
payment  for   the  stock. 

The  sale  virtually  ends  Film  Se- 
curities Corp.,  as  the  Loew's  stock 
disposed  of  yesterday  was  its  sole 
asset. 

Attorneys  for  both  stock  and  deben- 
ture holders  of  Fox  Film  and  Gen- 
eral Theatres  Equipment  read  a  no- 
tice prior  to  the  auction  advising  pros- 
pective purchasers  of  the  Loew's  stock 
that  they  considered  the  sale  to  be 
"a  fraud  and  violation  of  their  claims." 
Indications  are,  as  a  result  of  the 
notice,  that  this  group  may  also  join 
in  an  action  either  to  have  the  sale 
set  aside  or  to  require  the  purchas- 
ers  of  the   stock  to   dispose  of  it. 

Leopold  Friedman  of  Loew's  legal 
department  was  the  only  representa- 
tive of  that  company  present.  He 
took  no  part  in  the  proceedings. 

John  H.  Amen,  special  assistant  to 
the  attorney  general,  last  week  ob- 
tained an  injunction  from  Judge  John 
Knox  in  U.  S.  District  Court  here 
designed  to  restrain  prospective  pur- 
chasers from  violating  the  govern- 
ment's consent  decree  of  1931  in  the 
present  acquisition  of  the  Loew's 
stock.  The  injunction  was  sought 
after  Rogers  had  pointed  out  to  the 
court  that,  with  no  outside  bidders 
for  the  stock,  it  would  undoubtedly 
go  to  the  Film  Securities  note  hold- 
ers and  result  in  control  of  both  Fox 
and  Loew's  by  the  same  interests. 
Rogers  pointed  out  that  it  was  such 
a  situation  which  led  to  the  creation 
of  Film  Securities  Corp.  under  the 
government's  consent  decree. 


M\  reveJ  in  *»» 


Your  patrons 
always  like 

FOX 

MOVIETONE 

NEWS 


•  Theyll  glory  in  this  story  of  a  model 
American  wife  on  a  fling  in  Paris... >vho  couldn't  make 
a  chump  of  her  husband,  because  he  made  a  chum  of 
her  sweetheart. 

They'll  gasp  at  the  stunning  Paris  creations.. .delight  in 
the  merry  situations  from  the  stage  hit  by  the  author 
of  ''When  Ladies  Meet." 

AS 
HUSBANDS 

GO 

WARNER  BAXTER 

HELEN  VINSON 
WARNER  OLAND 

Catharine  Doucet 

From  the  play  by  Rachel  Crothers 
Directed  by  Hamilton  MacFadden 

JESSE  L  LASKY  Production 


72/£ 


MOTION.  PICTURE 

DAILY 


Wednesday,  December  20,    1933 


Turn  Sour  on  Percentage  Films 


Independents 
In  Cleveland 
Find 'Em  High 


(Continued   from   page    1) 

If  a  25  per  center  grossed  $1,000, 
the  exchange's  end  is  $250.  The  same 
picture,  same  gross,  at  30  per  cent 
obviously  means  $300  for  the  distribu- 
tor and,  while  the  percentage  uppage 
merely  goes  from  25  to  30,  the  film 
cost  goes  up  by  SO  iron  men.  Actual- 
ly, in  point  of  operating  overhead,  the 
hike  is  20  per  cent,  not  a  lowly  five. 

Where  25  per  cent  attractions  leapt 
to  35,  it  works  out  in  sharper  brackets, 
obviously.  Not  only  does  the  theatre- 
man  pay  the  exchange  $100  more,  but 
approaching  the  tricky  procedure  on 
the  basis  of  cost,  it  makes  itself  quick- 
ly patent  that  the  plus  from  the  old 
$250  to  the  new  $350  means  a  40  per 
cent  rise  in  rentals. 

A  lot  of  the  independents  here  failed 
to  grasp  this.  When  they  did,  some 
jaws  began  to  sag,  but  even  then,  there 
would  have  been  no  complaints  if  the 
NRA  excitement,  so  evident  in  Sep- 
tember, had  not  begun  to  subside 
toward  the  end  of  the  month  to  stay 
that  way  since.  The  result  is  opposi- 
tion to  percentage  pictures  on  the  part 
of  the  scrappy  bunch  of  independents 
who  keep  exhibition  from  becoming 
stereotyped  in  this  city  on  Lake  Erie's 
shores. 

A  Familiar  Plaint 

While  the  producer-untrammeled 
exhibitor  complains  about  that,  the 
first  run  operators  have  some  beefs  of 
their  own.  Their  story  runs  true  to 
form  here  as  it  does  in  other  Middle 
Western  cities.  It  has  to  do  largely 
with  15  cent  theatres  in  the  Public 
Square  district  that  cut  under  "early 
bird"  prices  of  the  big  houses,  run 
dual  bills  and,  in  general,  make  the 
existence  of  the  "A"  operators  trouble- 
some. It  has  to  do  with  the  presence 
of  too  many  seats  downtown,  an 
understanding  th^t  this  is  the  real 
trouble  and  no  solution  unless  a  con- 
venient earthquake  were  to  hit  town 
after  show  time  some  night  and  fur- 
nish the  way  out. 

Much  speculation  has  been  afloat 
over  the  recent  acquisition  of  the 
3,800  seat  Hippodrome  by  the  War- 
ners. It's  been  described  as  part  of  a 
move  presaging  further  expansion  in 
the  city,  but  here,  where  Warner  out- 
lets include  the  downtown  Lake  as 
well  as  the  Uptown  and  Variety  in 
the  neighborhoods,  the  circuit  ap- 
parently is  content  to  rest.  The  "Hipp" 
went  into  the  fold  on  the  strength  of 
a  sweet  deal  cooked  up  by  Nat  Wolf, 
local  zone  manager,  on  a  basis  which 
cost  his  company  little,  returns  to  it  a 
management  fee  and,  at  the  same  time, 
provides  a  big  first  run  front  out- 
strippinj;  the  Loew  and  RKO  opposi- 
tion in  point  of  seating  capacity.  Here, 
Warner  product  gets  its  local  break, 
as  will  part  of  Fox  and  a  split  of  Co- 
Ijumbia.  The  Lake,  once  key  house  for 
the  Warners,  has  gone  into  a  "B" 
policy  and  runs  its  own  company's 
output  exclusively. 

In  the  four-cornered  tussle  for  big 


grosses,  Warners  have  their  old-time 
opposition,  Loew  and  RKO,  and  some- 
thing new  in  local  theatre  history :  a 
downtown,  independent  first  run.  This 
is  the  Allen,  once  the  ace  house  of 
Loew's  Ohio  Theatres  and  now 
operated  by  a  group  composed  of 
Myer  Fine,  Ma.x  Lefkowitz,  Perc 
Essick  and  .'\be  Kramer  on  film  deals 
with  Universal,  and  part  of  United 
Artists.  This  is  the  house,  too,  which 
Loew's  is  again  making  eyes  at,  ac- 
cording to  report. 

The  Palace,  snuggling  close  to 
Loew's  State,  does  a  grand  business 
when  it  gets  a  "Little  Women,"  houses 
stages  shows,  was  one  of  the  prides 
of  E.  F.  Albee  who  spent  a  fortune 
on  it  and  is  now  a  source  of  great 
concern  to  RKO  because  it  constant- 
ly requisitions  so  much  red  ink. 

Loew  Circuit  Depleted 

The  State,  local  outlet  for  M-G^M, 
Paramount  and  a  choice  of  United 
Artists,  is  today's  leader  of  what  is 
left  of  the  Loew  string  in  Cleveland. 
Once  11  theatres  strong,  the  circuit 
now  contents  itself  with  five ;  the  re- 
maining six  have  gone  to  other  hands. 
Downtown  there  is  left  the  Stillman, 
once  one  of  the  city's  finest  where 
grosses  were  heavy  as  well  as  fancy 
but  now  a  double  feature  stand.  The 
Mall,  with  its  two  decks,  has  gone  to 
Meyer  Fischer,  state  right  operator 
who  runs  it  for  15  cents  on  a  twin  bill 
policy.  The  Cameo  has  gone  to  Paul 
Gusdanovic  and  Bill  Skirball,  a  IS 
cent  top  and  a  double  feature  program 
while  the  Allen  is  now  opposition. 
Elsewhere  have  gone  the  Circle,  Doan 
and  Liberty  uptown.  Kept  have  been 
the   Park,   Granada  and   Alhambra. 

In  many  ways  the  course  of  theatre 
operation  here  is  without  parallel  in 
the  entire  country.  Traditional  enemies 
of  the  first  runs,  the  subsequent  runs 
had  an  idea  the  protection  agreement 
which  really  became  effective  in  Feb- 
ruary of  this  vear  would  solve  a  lot 
of  their  troubles.  Signed  in  the  lat- 
ter half  of  1932,  it  was  designed  to 
take  care  of  the  operators  who  in- 
sisted on  double  featuring  through  a 
set-back  in  protection  on  the  basis  of 
price  classification  and  the  calibre  of 
exhibition   ethics. 

Somewhere  along  the  line,  however, 
failure  to  include  the  downtown  first 
runs  drove  the  realization  home  quick- 


ly enough  that  anything  but  a  slight 
error  had  been  made.  While  all  houses 
after  first  run  are  subject  to  its  limita- 
tions, there  is  nothing  in  the  agree- 
ment which  can  make  the  down 
towners  behave.  Thus  it  is  that, 
Loew's  State  currently  playing  a 
double  feature  bill  with  the  Lake  fol- 
lowing in  and  the  Hippodrome  almost 
set  to  go  likewise,  cannot  be  penalized 
for  its  policy  switch  even  if  that  switch 
is  designed  to  hold  only  one  week. 

Although  unconfirmed,  the  identical 
situation  is  declared  to  prevail  at  the 
independently-operated  Alleij.  Myer 
Fine  is  reported  to  have  taken  the 
stand  th^t,  while  the  protection  pact 
affects  him  in  his  neighborhood  opera- 
tions, it  does  not  along  Euclid  Avenue. 
This  is  merely  a  quick  idea  of  how 
screwy  the  situation  is  locally. 

It  explains  the  curious  phenomena 
current  all  over  the  city  on  almost  any 
day  in  the  week.  It  demonstrates  how 
a  theatre  which  is  Class  A  because 
it  maintains  an  adult  admission  of  25 
cents  after  six  o'clock  and  shies  clear 
of  doubles,  giveaways  or  two-for-ones 
can  get  its  pictures  36  days  after  the 
close  of  the  first  run  but  can  ^o  back 
to  the  63rd  day  of  release  by  picking 
up  any  of  the  practices  which  it  denies 
itself  while  in  the  A  classification. 

No  Fixed  Policy 

It  is  common  procedure  here  to  stay 
"A"  one  or  two  nights  a  week,  slip 
into  "B"  for  a  couple  of  evenings  and 
revert  for  a  third  time  in  the  same 
week  to  the  first  status.  About  it  all 
nothing  apparently  can  be  done.  Only 
a  few  weeks  ago,  another  move,  one 
of  many,  was  made  to  hold  duals  to 
one  night  a  week.  Members  of  the 
Cleveland  M.  P.  Exhibitors'  Ass'n. 
agreed,  but  a  couple  of  days  later  the 
deal  was  off. 

Independents  here  have  been  suc- 
cessful in  padding  admissions  slightly 
and  are  getting  away  with  it.  One  of 
the  reasons  why  the  new  10  per  cent 
state  tax  caused  such  a  rumpus  ties  in 
with  the  general  swing  toward  higher 
scales.  Twenty  cent  houses  were  fig- 
uring on  a  quarter  and  the  latter  on 
30  cents  when  along  came  the  levy 
and  made  it  impossible  to  add  both. 
In  every  instance,  the  lew  has  been 
passed  onto  the  public  with  a  couple 
of  added  pennies  finding  their  way  into 
the   exhibitors'   till  at  the  same  time. 


It  Happens  in  Cleveland 

Cleveland — Having  worked  out  an  advertising  directory  with 
the  Cleveland  Plain  Dealer  on  behalf  of  its  members,  the  Cleve- 
land M.  P.  Exhibitors'  Ass'n.  is  endeavoring  to  extend  the  same 
sort  of  deal  to  other  local  papers. 

The  Plain  Dealer  ordinarily  gets  55  cents  a  line  on  Sunday.  The 
tariff,  however,  has  dropped  to  30  cents  a  line,  now  that  sub- 
scribing theatres  use  a  minimum  of  two  lines  a  day  seven  days 
a   week.    .    .    . 

Theatre  liability  insurance,  once  eight  cents  a  seat,  has  clam- 
bered to  25  cents  per  seat.  That's  traceable  to  the  mounting  cases 
of  toe-stubbing  on  the  part  of  the  public,  always  followed  by  a  suit 
against  the  exhibitor,  Moe  Horwitz,  whose  Heights  Theatre  is  one 
of  the  best  neighborhood  de  luxers,  has  eight  of  these  "nuisance" 
actions  on  his  neck.    Also  higher  insurance  premiums.  .    .    . 

Only  17  houses  of  the  city's  111  are  dark.  This  time  last  year, 
the  total  was  24.   .    .    . 

One  local  exhibitor  went  to  a  three  cent  admission  recently. 
Here's  how:  Announced  price,  15  cents.  "Advertising  pass,"  plus 
a  nickel  in  cash,  admitted  one  patron.  The  scheduled  admission 
made  it  necessary  to  pay  a  state  tax  of  two  cents.  Two  from  five 
equals   three.    Show:    double   features. 


Conditions  in 
Better  Shape 
Than  in  1932 


For  instance,  what  was  formerly  a  30 
cent  admission  is  now  31  cents,  plus 
four  cents  tax  to  a  total  of  35.  Twenty 
cent  admissions,  in  many  cases,  have 
gone  to  25  of  which  the  state  gets  only 
three  cents. 

The  Ohio  public  paid  $3,000,000  for 
its  entertainment  in  the  month  of 
October,  this  total  being  computed  on 
the  basis  of  $300,000  tax  collected  in 
that  month  and  with  a  complete  dis- 
regard of  admissions  up  to  10  cents 
which  are  tax-free.  The  411  operat- 
ing theatres  in  tlie  state  must  have 
nabbed  most  of  the  total.  And  yet,  as 
matters  stand  with  their  slight  in- 
crease, many  exhibitors  are  in  a  huff 
on  the  ground  that  the  tax  is  depriv- 
ing them  of  money  they  figured  ought 
to  be  theirs. 

By  surface  indications  and  some- 
what deeper  as  well,  conditions  are 
generally  better  in  this  territory.  A 
contributing  factor,  however,  and  one 
that  will  have  to  be  disposed  of  some 
day  is  the  question  of  theatre  rents. 
Many  exhibitors  have  made  deals  with 
their  landlords  for  suspended  pay- 
ments. On  such  a  basis,  it  obviously 
follows  available  grosses  would  in- 
dicate conditions  are  decidedly  on  the 
up  curve.  There  is,  however,  much 
which  is  shifting  and  restlessness  be- 
neath the  exterior. 

No  Abundance  of  Joy 

Exchangemen,  or  some  of  them  at 
any  rate,  are  none  too  hapgy  with  the 
condition  as  it  prevails  today.  They 
hint  rather  openly  of  practices  on  the 
part  of  some  of  the  more  powerful 
independents  whicli  smack  muchly  of 
the  unsavory.  They  talk  about  "under- 
standings" whereby  one  independent 
will  buv  half  of  a  program,  refuse  to 
discuss  the  remainder  and  thereby 
make  it  possible  for  a  competitor,  by 
prior  arrangement,  to  pick  up  the  sec- 
ond half  at  lower  prices  because  there 
is  no  other  place  -to  go  with  it.  If  this 
is  true,  the  distributor  viewpoint  here 
is  that  the  grievance  board  under  the 
code  will  take  care  of  this  and  other 
practices. 

Cleveland  reflects  the  interest  of 
other  cities  west  of  Pittsburgh  in  the 
code :  it's  awaited  not  so  much  because 
of  what  it  contains,  but  rather  because 
it  is  the  law  and  must  be  obeyed.  On 
the  other  hand,  some  opinion  sees 
room  for  much  improvement  and  an 
opportunity  to  clean  up  many  messy 
situations  if  the  personnel  of  the 
grievance  board,  to  be  named  under 
the  code,  is  impartially  selected  and 
fair  in  its  appraisals. 

All  hands  here  agree  that  some  sort 
of  a  state  tax  could  not  have  been 
avoided.  The  original  proposal 
matched  up  the  Federal  impost :  10 
per  cent  on  admissions  of  41  cents  and 
above.  This  would  have  exempted 
every  theatre  in  the  state  with  the 
exception  of  a  few  de  luxers  operated 
by  producer-affiliated  circuits.  Im- 
portant Cleveland  independent  theatre- 
(Continued  on  page  9) 


An  industry,  aware  of  the  devotion  which  this  man 
has  given  to  the  perfection  of  the  short  comedy, 
now  joins  the  public  in  a  fitting  celebration  of  the 

AC-H 

M€DI€S 


/    }rSc^ 


HAPPY  EVENT  HAPPILY 
EXPLOITED  BY  M-G-MI 

FREE 

ACCESSORIES 

Shown  on  next  page! 


PLAY  A 

HAL  ROACH 

COMEDY 

on  every  change  of 
program  during  the  20th 
Anniversary  Celebration 
of  the  King  of  Comedy— 

JANUARY 

8*  TO  15*'' 


STAR  POWER!  FEATURE 
STRENGTH!  PRODUCTION 
VALUES  DE  LUXE  IN  THE 
HAL  ROACH  M-aM  LINE-UP! 

The    Top    Notchers    of    Comedy    Fame! 

STAN  LAUREL 
OLIVERHARDY 

Consistently  the  Dependable  Laugh  Star! 

CHARLEY  CHASE 

The  Girls  Who  Give  You  Gobs  of  Giggles! 

THELMA  TODD 
PATSY    KELLY 


'Spanky",  "Stymie",  "Pete"  and  All  The  Kid  Stars! 

"OUR  GANG" 


Don  Barclay,  Douglas  Wakefield,  Billy  Nelson, 
Jack   Barty!    The  Cream  of  the   Lunatic   Crop! 

ROACH   ALL-STARS 

Billy  Gilbert,   Billy  Bletcher  (Schmalz  Brothers) 
in  the  De  Luxe  Hal  Roach  Musical  Delights 

MUSICAL  COMEDIES 

{over  please) 


PROUD  OF 
YOU,  HAL! 


// 


WE 
CELEBRATE 


ANNIVERSARY 

AS  KING  OF  SCREEN  COMEDY        '\ 

BY  PRESENTING  HIS     ^'T- 
UTEST '  FUNNIEST'  ^ 
COMEDY  CLASSIC/ 

Metro '^///tty//'^ayer    Pictures 


The  industry  knows  . . .  the  public  knows  . . .  that  for 
twenty  years  you  have  brought  entertainment  and  hap- 
piness to  millions  the  world  over.  Now  all  join  in  ac- 
claiming you,  "King  of  Comedy". . .  in  predicting  for 
you  still  greater  success  in  another  twenty  years  of 
short  feature  leadership!" 

Your  Pal,  \.eo. 


CONTENTS  OF 
SPECIAL  20th 
ANNIVERSARY 
PRESS-SHEET 

PRESS  STORIES.  Newspapers  wel- 
come reminiscent  stories  of  early 
movie  days  and  stars  of  the  past. 
PRESS  MATS.  Great  old-time  stills 
that  editors  will  want  to  publish. 
AD  MATS.  And  a  complete  day-by- 
day  Exploitation  Campaign. 

ABOVE:    TvoO'Color 
press  sheet. 

LEFT:  One  Sheet  litho- 
graphed in  6  colors. 

ALL     FREE!     ONE     SHEET! 
AD    MATS,    STILLS,    TRAILER! 

11—8  X  10  BLACK  and  WHITE  STILLS 
6— VARIED  NEWSPAPER  AD  MATS 
4— VARIED  PUBLICITY  MATS 

ONE  SHEET— LITHOGRAPHED  6  COLORS 

TALKING  TRAILER— 250  FEET 

SPECIAL  LEADER  FOR  ALL  COMEDY 
PRINTS  BOOKED 

PLAY  HAL  ROACH 

COMEDIES  Jan.  8th-15th 


Proudly  sponsored  by 

METRO-GOLDWYN-MAYER 


Wednesday,   December  20,    1933 


MOTION  PICTURE 

DAILY 


Plan  to  Post 
Selections  for 
Code  Boards 


(Continued  from  pape    1) 

leaning  toward  a  rotating  chairman,  as 
reported  exclusively  in  Motion  Pic- 
ture Daily  yesterday,  is  expected  to 
be  accepted. 

Deputy  Administrator  Sol  A.  Ros- 
enblatt probably  will  be  named  chair- 
man of  the  first  session  today  and 
Sidney  R.  Kent  chairman  of  the  next, 
whenever  called.  Meetings  are  to  be 
held  as  often  as  the  10  voting  members 
of  the  Authority  may  determine. 

The  attitude  of  three  unaffiliated 
members  of  the  Code  Authority,  who 
are  Nathan  Yamins,  Fall  River,  an 
Allied  leader ;  W.  Ray  Johnston,  pres- 
ident of  Monogram  and  representative 
of  independent  producers  and  distrib- 
utors, and  Charles  L.  O'Reilly,  presi- 
dent of  the  T.  O.  C.  C.  of  New  York, 
is  regarded  as  currently  fixed  in  favor 
of  a  permanent  chairman.  Robert  H. 
Cochrane,  vice-president  of  Universal, 
today  will  seek  to  swing  the  viewpoint 
of  these  men  toward  the  rotating 
chairman  idea,  it  was  reported  last 
night. 

Offices  for  the  Authority  probably 
will  be  opened  in  the  new  NBC  Build- 
ing in  Rockefeller  Center. 

Reported  favored  by  representatives 
of  the  majors  for  secretary  is  John 
C.  Flinn,  at  present  handling  special 
exploitation  for  Paramount.  The  un- 
affiliated Authority  members,  however, 
are  expected  to  present  a  candidate  of 
their  own,  but  Flinn  has  an  excellent 
chance  of  winning  the  appointment. 
The  secretaryship  is  a  government 
post  and  pays  $12,000  a  year.  The 
designated  secretary,  whoever  he  may 
be,  would  be  required  to  resign  any 
other  post,  it  is  regarded  as  certain. 

Today's  meeting  will  be  held  behind 
closed  doors  and  a  statement  covering 
the  deliberation  made  public  at  its  con- 
clusion. Whether  or  not  future  meet- 
ings are  to  be  opened  to  the  press  is 
a  procedure  for  the  Code  Authority  to 
determine. 

Representing  the  industry  on  the 
body,  each  with  one  vote,  are  Sidney 
R.  Kent.  Nicholas  M.  Schenck,  M.  H. 
Aylesworth,  Robert  H.  Cochrane, 
Harry  M.  Warner,  George  J.  Schaef- 
er,  Ed  Kuykendall,  Nathan  Yamins, 
W.  Ray  Johnston,  Charles  L.  O'Reilly. 
Only  two  of  three  government  repre- 
sentatives thus  far  have  been  named. 
They  are  Rosenblatt  and  Dr.  h.  Law- 
rence Lowell.  The  latter's  resigna- 
tion for  several  days  has  been  reported 
as  imminent. 


L,  B.  Metzger  Looks 
For  Code  Benefits 

Chicago,  Dec.  19. — Lou  B.  Metz- 
ger, San  Diego  exhibitor,  says  he  can 
not  see  how  the  code  can  do  any  harm, 
but  does  see  possibilities  for  a  lot  of 
good  for  independents.  He  said  as 
much  here  today  while  waiting  be- 
tween trains  on  his  eastbound  trip 
from  the  Coast. 

"This  is  the  first  time  independents 
have  had  any  voice  in  the  industry 
with  authority  to  back  it  up,"  he  said. 
"The  code  places  independents  on  an 
equal  footing  with  circuits  and  large 
buyers." 

Metzger  is  on  a  combined  holiday 
and  business  trip. 


Emergency  Council 
Given  New  Powers 


Washington,  Dec.  19. — Transfer 
to  the  National  Emergency  Council 
of  the  responsibilities  and  duties  of 
the  special  industrial  recovery  board 
headed  by  Secretary  of  Commerce 
Roper  was  ordered  today  by  President 
Roosevelt  as  a  step  toward  the  uni- 
fication of  the  recovery  program  for 
purposes  of  efficiency. 

A  major  purpose  of  the  emergency 
council,  however,  will  be  the  publici- 
zation  of  the  recovery  activities  of 
the  government,  to  further  which  state 
directors  will  be  appointed  through- 
out the  country.  Local  councils  will 
be  established  "to  provide  every  citi- 
zen in  the  country  with  easily  under- 
stood guidance  for  the  use  of  the  re- 
covery and  relief  agencies." 


Rosenblatt  Is  Made 
Head  New  Division 

'(Continued   from    pape    1) 

tries  were  given  a  separate  status, 
with  Rosenblatt  reporting  directly  to 
General  Johnson.  Under  the  order 
issued  today  Rosenblatt  becomes  a 
division  administrator  with  the  same 
title  as  the  heads  of  the  four  original 
divisions. 

As  a  result  of  the  change,  it  is  an- 
ticipated William  P.  Farnsworth,  now 
assistant  deputy  administrator,  will  be 
advanced  to  deputy  administrator. 


Oregon  Men  Asking 
Duals    Concessions 

(Continued  from  pape    1) 

cession  on  this  point  have  not  resulted 
in  anything  definite  so  far. 

Men  recommended  for  the  zoning 
and  clearance  board  are :  Homer  Gill, 
Evergreen  State,  affiliated  first  run ; 
Andrew  Saso,  Hamrick,  unaffiliated 
first  run ;  Oscar  Phelps,  Hillsboro ; 
George  Jackson  Woodlaw,  unaffiliated 
first  run ;  grievance  board — Ted  Gam- 
ble, Parker  Theatres,  affiliated  cir- 
cuit, and  William  Cutts,  Kenton  the- 
atre, unaffiliated. 


Labor  Board  Placed 
On  Permanent  Basis 

(Continued  from    pape    1) 

authority  to  "compose  all  conflicts 
threatening  the  industrial  peace  of  the 
country." 

Originally  created  to  handle  labor 
disputes  arising  under  the  President's 
re-employment  agreement,  the  board 
has  recently  become  involved  in  con- 
troversies arising  under  codes,  and  it 
was  to  give  it  full  authority  to  deal 
with  such  matters  that  the  order  was 
issued. 

The  board  is  empowered  to  mediate, 
conciliate  or  arbitrate  all  contro- 
versies between  employers  and  em- 
ployes "which  tend  to  impede  the  pur- 
poses of  the  NIRA"  but  it  may  de- 
cline to  take  cognizance  of  contro- 
versies "in  any  field  of  trade  or  in- 
dustry where  a  means  of  settlement 
provided  for  by  agreement,  industrial 
code  or  Federal  law  has  not  been  in- 
voked." 


Disney  a  Dad 

Hollywood,  Dec.  19. — ^Walt  Disney 
has  become  a  daddy.     It's  a  girl. 


Cleveland  Sour  on 
Percentage  Films 

(Continued  from  page  4) 
men  declare  they  were  willing  to  work 
with  Pete  Wood,  business  manager  of 
the    Ohio    M.    P.    T.    O.    three    hours 
away  in  Columbus,  on  this  basis. 

Through  some  method  not  clearly 
defined,  the  state  legislators  discov- 
ered the  originally  proposed  tax  would 
have  returned  little  revenue  and  re- 
vi_sed  the  bill  downward  to  include  25 
cents  and  above.  They  maintain  Wood 
informed  legislators  this  would  be  un- 
fair and  that  the  industry  wanted  41 
cents  or  nothing.  When  word  of  this 
reached  here,  a  double-cross  was 
charged  and  wires  immediately  shot 
through  to  the  Columbus  law-makers 
asking  for  exemption  on  25  cents  and 
all  above  that  figure.  Cincinnati, 
where  the  general  admission  scale  is 
lower,  telegraphed  for  15  cents  and 
above.    And  so  it  went. 

It  wasn't  long  after  when  the  legis- 
lators realized  there  was  a  split  in  ex- 
hibition ranks  and  determined  to  do 
their  own  deciding.  Their  decision 
was  a  tax  above  10  cents  and  so  it 
was  enacted.  This,  briefly,  is  the  series 
of  circumstances  which  led  to  forma- 
tion of  the  rival  Independent  M.  P. 
Exhibitors'  Ass'n.  of  Ohio  with  Ernest 
Schwartz  of  Cleveland  as  president. 

From  the  economic  watchtower, 
Cleveland  is  more  optimistic  today 
than  at  this  time  a  year  ago.  Bank 
statements  and  clearing  house  figures 
indicate  that  whatever  money  is 
around  is  being  more  freely  circulated. 
Unemployment  in  the  greater  city,  as 
of  Dec.  1  totaled  130,000,  a  50,0(X)  de- 
crease by  comparison  with  the  same 
period  in  1932.  The  gain  in  employ- 
ment has  been  progressive  since  March 
of  this  vear  and,  while  it  is  difficult 
to  gauge  whether  or  not  this  is  due 
to  natural  causes  or  the  influence  of 
the  NRA.  nobody  worries  much  so 
long  as  the  figures  continue  to  show 
improvement. 

The  local  end  of  the  Federal  civil 
works  nrogram  promises  jobs  for 
44,000  bv  Jan.  1.  At  the  set  weekly 
salary  of  $15,  this  is  expected  to  in- 
crease buving  power  tremendously  and 
throw  into  circulation  practically  all 
of  the  $660,000  which  these  workers 
in  combination  will  earn  by  the  be- 
ginning of  the  new  year. 

Proof  that  money  is  available  when 
buying  conditions  take  the  form  the 
public  will  go  for  is  advanced  in  the 
Federal  Reserve  Bank's  statistics  on 
department  store  sales  for  the  first  10 
months  of  1933.  From  February 
through  March,  sales  were  25  per  cent 
below  the  same  months  of  1932.  In 
June,  however,  the  tide  began  to  .shift. 
July  was  25  per  cent  ahead  of  July, 
1932;  August  was  51  per  cent  ahead 
of  its  companion  month  a  year  earlier ; 
September.  23  per  cent  ahead  of  1932's 
September  and  October.  15  per  cent 
ahead  of  the  same  month  a  year  pre- 
viously. November,  also,  is  reported 
to  have  begn  satisfactory  while  the  net 
gain  for  the  first  10  months  of  the 
vear   is,   six   per  cent   ahead   of    1932. 

What  is  bothering  neighborhood 
houses  is  the  city's  financial  situation. 
The  murncipal  treasury  is  $3,400,000 
overdrawn  in  cash  as  compared  with 
an  average  of  $1,300,000  in  1932.  Em- 
ployes are  being  paid  in  scrip  to  the 
tune  of  25  per  cent  and  which  theatres 
are  refusing  to  accept. 

Marked  bv  peculiar  characteristics 
of  its  own.  Cleveland's  story,  there- 
fore, is  the  story  of  its  neighboring 
cities  in  this  section.    The  distance  to 


Film  Delivery 
Men  Form  New 
National  Body 


(Continued  from   pape    1) 

country  had  decided  upon  a  united 
front  was  made  following  a  series  of 
conferences  held  behind  closed  doors. 
Officers  of  the  organization  were 
named  as  follows : 

James  P.  Clark,  Horlacher  Delivery 
Service,  Philadelphia,  president  and  treas- 
urer; H.  O.  Robinson,  Film  Truck  Service. 
Detroit  and  Qiicago,  vice-president;  Clin- 
ton Weyer,  widely  known  in  the  film  in- 
surance    business,     secretary. 

The  board  of  managers  will  consist  of 
E.  E.  Jamieson,  Exhibitors'  Film  Delivery 
and  Service  Co.,  Kansas  City;  T.  W.  Gil- 
boy,  Gilboy  Co.,  San  Francisco;  L.  M. 
Miller,  Electric  Delivery  System,  New 
Orleans;  M.  H.  Brandon,  Inter-Carolina 
Delivery  Service,  Charlotte,  N.  C. ;  Charles 
E.  McCarthy,  Film  Transfer  Co.,  Minne- 
apolis; F.  E.  Smith,  Smith  Film  Service, 
Inc.,  Syracuse;  R.  C.  Jones,  Chicago,  and 
H.  Decker,  Film  Exchange  Transfer  Co., 
Boston. 

An  executive  committee  consisting 
of  the  following  was  chosen :  L.  C. 
Gross,  Gross  and  Johnson,  Cleveland ; 
John  Vickers,  Carolina  Delivery  Serv- 
ice Co..  Charlotte,  N.  C. ;  George  F. 
Callahan,  Exhibitors'  Service  Co., 
Pittsburgh,    and    Robinson. 

That  the  organization  plans  to  peti- 
tion the  NRA  for  a  separate  code  for 
the  film  delivery  business  was  re- 
vealed by  Weyer.  Film  delivery  serv- 
ices at  present  come  under  the  truck- 
ing  code. 

"The  trucking  code,"  said  Weyer, 
"is  not  applicable  to  this  specialized 
line.  We  intend  to  take  immediate 
action  in  an  attempt  to  obtain  recog- 
nition under  a  code  of  our  own." 

Clark,  Robinson  and  Callahan  were 
appointed  a  committee  of  three  to  take 
care  of  this  phase  of  the  organiza- 
tion's  activities. 

The  purpose  of  the  National  Film 
Carriers,  according  to  Weyer,  is  to 
permit  an  exchange  of  ideas  between 
members  of  the  industry  and  make 
possible  a  uniform  standard  of  opera- 
tion. 

Others  at  the  meeting  were  E.  S.  John- 
son. Gross  and  Johnson,  Cleveland;  J. 
Bradley,  Film  Pick-Up  Service,  Minne- 
apolis; P.  F.  Talcott.  Theatre  Service  Co., 
Minneapolis;  S,  B.  Bonello,  Film  Express 
Service.  Minneapolis;  C.  W.  Trampe.  Film 
.Service.  Inc.,  Milwaukee;  Ben  Koenv.  Mil- 
waukee; Alfred  Sickles.  Milwaukee;  H.  H. 
Howell  Trucking  Service.  Inc.,  Rochester; 
G.  M.  Blackman.  Syracuse;  A.  P.  Siegel. 
Siegel  Trucking  Co..  Inc..  Albany;  North- 
west Film  Delivery  Co..  Seattle;  P.  L. 
Tanner.  Film  Transit  Co.,  Cleveland;  1. 
Albright.  Theatre  Transport  Co.,  Toledo; 
11.  B.  Solomon,  Cleveland;  L.  Walz.  Inter- 
state Film  Service,  Minneapolis;  C.  W. 
Jensen.  Middlewest  Film  Express,  Mir,ne- 
apolis:  Harry  Kahan.  Kahn  Delivery  Serv- 
ice. St.  Louis,  and  M.  Adelman,  New 
Tersey     Messenger    Service,     Philadelphia. 

The  companies  represented  at  the 
conferences  serve  6.500  theatres  and 
own  and  operate  575  trucks.  Head- 
quarters will  be  maintained  in  New 
York. 


N.  J.  Allied  Hears  Myers 

Tkenton.  N.  J.,  Dec.  19. — Abrani 
F.  Myers  gave  an  analysis  of  the  code 
at  a  meeting  of  Allied  of  New  Jersey 
today  at  the  Stacey  Theatre  here. 


double  back  on  is  considerable.  Per- 
hans  the  grade  won't  be  made.  But 
things  are  better  now  than  they  were 
and  the  socks  are  proving  easier  to 
take. 

(Cofyridht.     19.?3.     Ouialev    Publications') 

Next  in  this  series  will  deal  with 
Columbus  and  what  goes  on  there. 


miimlimiuimmmm 


MERIAN  C.  COOPER,  Executive  Producerl 


[AND  BACKED  B 


FOR  THE  FIRST  TIME  NORTH  OF 

[HE    EQUATOR  ...  t/ieyVe  doing  the 


the  tantalizing^ 
that  soon   will 


mesmerizing  Brazilian  Dance  Sensation 
he  driving  America  Melody  MadI 

5EE  it*  •  •  and  a  thousand  other  wonders  in  a 
spectacle  set  to  rhythm,  that  fills  the  earth  with 
beauty,  laughter,  song  and  dance  .  .  .  and  sweeps 
to  eye -staggering  sensation  as  the  Flying  Armada 
Of  Beauty  soars  on  wings  of  giant  planes  down 
heaven's  twinkling  pathway! 

NOTHING  LIKE  IT  HAS  EVER 
BEEN  DONE!  IT  MAKES  YOUR 
FONDEST  DREAMS  OF  MUSI- 
CAL ROMANCE   COME  TRUE! 


DOLORES  DEL  RIO 

GENE  RAYMOND         •       RAUL  ROULIEN 
GINGER  ROGERS         •         FRED  ASTAIRE 

and  200  Beautiful  Girls   Picked  from  10,000 

Haunting  Melodies  by  VINCENT  YOUMANS 


OTHER  GREAT  NATIONAL  NEWSPAPER  ADVERTISING  CAMPAIGN 


tousty  Staged  by  Lou  Brock. 
• 

Lilting  Lyrics  by  Edward  Eliscu  and 
Gus  Kahn.  j 


HOLLYWOOD 

A  critical  study 
by  TERRY  RAMSAYE 


Terry  Ramsaye, 
editor  and  commentator,  is 
in  Hollywood  to  observe  and 
to  write  about  the  produc' 
timi  capital  of  motion  pictures. 


Watch   for   his   first   Hollywood   article  in 

^iOTION  PICTURE 

HERALD 


The  Leading 


Newspaper 

oithe 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


€*. 


Alert, 
Intelligent 

■^  ft.  -.♦. 

and    .;>,: 
Faith  fut^l   n 
Service  to 
the  Indiiistry 
in  All 
Branches 


VOL.  34.  NO.  145 


NEW  YORK,  THURSDAY,  DECEMBER  21,  1933 


TEN  CENTS 


sheehanAgain  Code  Boatds  Expectcd 

In  Command  I       ^^  g^^^  WorkUlg  SOOll 


Of  Fox  Films 

In  Old-Time  Post  as  Pro- 
duction Chief 


Hollywood,  Dec.  20.— S.  R.  Kent. 
Fox  Film  president,  is  understood  to 
have      informed 
all  producers  on 
the      lot      that 
complete   power 
of    story    selec- 
tion   from    this 
point  on  will  be 
vested  in   Win- 
field      Sheehan. 
The     order     is 
construed  as  in- 
dicating     Shee- 
han     is      again 
back  in  the  sad- 
dle as  the  head 
of  the  works  at 
the  Fox  plant. 
S  h  eeha,n'  s 
return     to     his 
Eormer  status,  it  is  learned,  will  not 
affect    the    right    of    associate    pro- 
ducers   to    determine    what    vehicles 
they  want  to  produce,  but  his  position 
as  last  word  on  what  shall  or  shall  not 
be  made  definitely  indicates  complete 
(.Continued  on  page  8) 


Wlnfleld  Sheehan 


Aylesworth  States 
He  Likes  RKO  Job 

Discounting  reports  that  he  would 
resign  from  the  presidency  and  chair- 
nanship  of  the  board  of  directors  of 
RKO,  M.  H.  Aylesworth  yesterday 
stated  that  he  liked  his  present  posi- 
tion, and  would  continue  in  his  pres- 
ent capacities  if  the  board  of  direc- 
tors so  desired. 

Aylesworth  also  stated  that  reorgan- 
ization of  RKO  is  progressing  nice- 
ly, and  that  the  board  of  directors 
would  meet  in  about  a  month,  when 
(Continued  on  page  3) 


Para,  to  Release 

Saal  Jungle  Film 

"Drums  of  the  Night,"  produced 
by  William  Saal  and  Ouanga  Pictures 
on  the  island  of  Jamaica,  will  be  re- 
leased by  Paramount.  Jhe  picture, 
made  entirely  in  natural  sound  through 
jungle  and  underbrush,  according  to 
the  producer,  deals  with  voodoo  and 
has  Freddie  Washington,  Phjjip  Bran- 
don and  Marie  Paton  in  the  leads. 
George  Terwilliger  directed. 

Saal  plans  a  series  of  films  in  odd 
corners  of  the  globe.  His  next  will 
get  under  way  in  January. 


Say  New  Para. 
Plan  Returns 
^  of  Cost 


That  approximately  98  per  cent 
of  the  money  to  be  used  in  purchase 
of  the  assets  of  Publix  Enterprises 
by  Famous  Theatres  Corp.  will  revert 
to  the  Paramount  Publix  estate  was 
revealed  yesterday  at  a  hearing  be- 
fore Referee  Henry  K.  Davis  on 
Paramount's  part  in  the  reorganiza- 
tion plan  for  its  bankrupt  theatre  sub- 
sidiary. Referee  Davis  approved  the 
plan,  which  provides  for  purchase  of 
the  assets  of  Publix  Enterprises  for 
5;i, 800,000  by  Famous  Theatres,  a  re- 
(Continued  on  page  8) 


Lynch  to  Stay  in 
New  Para.  Setups 

S.  A.  Lynch,  presently  in  charge  of 

theatre  reorganization  for  Paramount 

Publix,   will    continue    in    an    active 

executive    capacity    for    the    company 

(Continued  on  page  8) 


Schenck  Optimistic 

Nicholas  M.  Schenck,  presi- 
dent of  Loew's,  Inc.,  and  M- 
G-M,  had  this  to  say  about 
1934  yesterday: 

"I  think  we  are  positively 
on  the  road  to  better  times 
and  see  this  clearly  in  every 
line  of  business  that  I  have 
had  an  opportunity  to  look 
over.  I  look  forward  to  bet- 
ter times  ahead  in  1934  for 
every  business  and  our  indus- 
try should  get  its  share  of 
improvement." 


Stagger  Plan  Help 
To  Many  Musicians 

The  stagger  plan  recently  put  into 
effect  to  spread  employment  among 
musicians  is  proving  successful  and 
promises  a  brighter  Christmas  to  thou- 
sands in  the  profession,  it  was  learned 
yesterday. 

At  the  offices  of  the  American  Fed- 
eration of  Musicians,  which  sponsored 
the  movement  at  the  suggestion  of 
Deputy  Administrator  Sol  A.  Rosen- 
blatt,   it    was    said     the     605     locals 

(Continued  on  page  3) 


1934  Looks  O.  K.  to  Clark; 
Idolatry  Futile:  Comerford 


By  JOHN  D.  CLARK 
General  Manager,  Fox  Distribution 

There  is  no  diminishing  of  inter- 
est in  motion  picture  entertainment 
on  the  part  of 
the  public,  and 
with  better  ec- 
onomic condi- 
tions in  pros- 
pect for  1934, 
I  see  no  reason 
why  the  new 
year  should  not 
be  a  good  one 
for  the  motion 
picture  busi- 
ness. 

Producers 
and      distribu- 
tors know  that  theatres  must  have 

(Continued  on  page  8) 


By  M.  E.  COMERFORD 

ScRANTON,  Pa.,  Dec.  20. — As  the 
principal  news  center  in  our  business, 
one  might,  with 
propriety,  ask 
you  about  the 
state  of  the  in- 
d  u  s  t  r  y.  You 
have  given  great 
service  to  the 
motion  picture 
in  all  of  its 
varied  phases, 
and  more  than 
any  other  per- 
son, I  believe, 
can  now  give  a 
proper  line  on 
what  is  about  to 
happen. 

There  is  no  occultism  about  it.    We 
(Continued  on  page  8) 


Recommendations  to  Be 

Received  Jan.  4  and 

Selections  Follow 


Clearance  and  zoning  and  grievance 
boards  are  expected  to  be  set  up  in 
all  key  centers  of  the  nation  and  be- 
come operative   late   in  January. 

This  became  evident  yesterday  when 
the  first  meeting  of  Code  Authority 
met  and  adjourned  to  Jan.  4,  by  which 
time  recommendations  for  places  on 
the  various  boards  are  to  be  finally 
submitted  and  subjected  to  criticism 
for  about  two  weeks  before  the  names 
are  officially  designated.  That  posting 
of  names  for  a  two  weeks'  publicity 
test  would  be  the  procedure  was  ex- 
clusively reported  in  Motion  Picture 
Daily  yesterday.  Sidney  R.  Kent, 
Charles  L.  O'Reilly,  George  J. 
Schaefer,  W.  Ray  Johnston  and  Na- 
than Yamins  were  appointed  as  a  com- 
mittee to  handle  the  recommendations. 
These  will  be  submitted  to  the  Code 
Authority  at  the  next  session.  Five 
other    committees    also    were    named. 

With  Deputy  NRA  Administrator 
Sol  A.  Rosenblatt  acting  as  chairman, 
the  Code  Authority  decided  to  func- 
tion under  a  rotating  chairmanship,  as 
reported    in    these    columns   on   Tues- 

(Continued  on  page   12) 


Denver  Men  Refuse 
Code  Endorsement 

Denver,  Dec.  20. — Endorsement  of 
the  code  was  refused  today  by  the 
Rocky  Mountain  Theatre  Owners' 
Ass'n.  and  a  committee  of  five  was 
named  to  analyze  it  and  recommend 
changes  to  the  Code  Authority.  Harry 

(Continued  on  page   12) 


Lowell  Resignation 
Hanging  in  the  Air 

Whether  A.  Lawrence  Lowell  will 
serve  as  first  government  representa- 
tive on  Code  Authority  is  still  unde- 
cided. Deputy  NRA  Administrator 
Sol  A.  Rosenblatt,  when  queried  yes- 
terday on  the  reported  resignation, 
(Continued  on  page  12) 


Report  Coast  Indies 
May  Join  Hays  Group 

Hollywood,    Dec.   20. — Alleged   in- 
ternal strife  within  the  ranks  of  the 
I.  M.  P.  P.  A.  is  said  to  indicate  sev- 
eral leading  independents  will  join  the 
(Continued  on  page  3) 


MOTION  PICTURE 

DAILY 


MOTION  PICTURE 

DAILY 

(Registered  U.  S.  Patent  Office) 


\oi.  .;-! 


December   21,    1933 


No.    145 


Maxtin  Quigley 
EditOT-in-Chitf  and  Publisher 


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  1933  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. 

Holly wod  Bureau:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Clifft/iJ, 
manager;  London  Bureau:  1021  A  Find  ley 
Road,  Golders  Green,  Bernard  Chart,  . 
Representative;  Berlin  Bureau:  Berlin- x cm- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenbtrg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Vogel  Reports  350 
Party  Reservations 

Over  350  reservations  from  mem- 
bers and  their  friends  have  already 
been  made  for  the  Christmas  "get- 
together"  of  the  Managers'  Round 
Table  Club,  of  Motion  Picture  Her- 
ald, to  be  held  tonight  at  the  Brass 
Rail,  49'th  Street  and  7th  Avenue. 
According  to  A-Mike  Vogel,  chair- 
man, almost  every  circuit  in  New 
York  and  vicinity  will  be  represented, 
as  well  as  delegations  from  indepen- 
dent houses. 

The  entertainment,  in  charge  of  Lew 
Preston,  will  include  a  floor  show  in 
which  radio  and  stage  names  are  to 
take  part,  with  music  furnished  by 
the  full  Academy  of  Music  orchestra. 

Vogel  states  that  those  unable  to 
make  advance  reservations  will  be  wel- 
come at  the  door,  as  accommodations 
have  been  provided  for  500  guests. 

Invitations  have  been  extended  to: 
George  Skouras,  Will  White,  S. 
Charles  Einfeld,  Mort  Blumenstock, 
Sam  Rinzler,  Louis  Frisch,  Bob  Gil- 
ham,  Lou  Goldberg,  Hal  Home,  Mon- 
roe Greenthal  and  others. 


U,  S.  Court  Approves 
Sale  of  Loew  Stock 

The  sale  of  660,900  shares  of  com- 
mon stock  of  Loews,  Inc.,  to  a  pro- 
tective committee  of  note  holders  of 
the  Film  Securities  Corp.  for  $18,- 
604,335  was  approved  yesterday  by 
Federal  Judge  John  C.  Knox.  The 
committee  by  the  terms  of  the  order  of 
sale  is  restricted  from  transferring  the 
stock  to  any  third  party  without  the 
consent  of  the  court. 


i    Purely  Personal    ► 


ARTHUR  MESTER  has  replaced 
W.  E.  Cook  as  assistant  manager 
and  treasurer  of  the  RKO  86th  St. 
theatre  with  Cook  now  assistant  man- 
ager and  treasurer  of  the  RKO  81st 
St.   house. 

Lewis  J.  Rachmil,  vice-president 
of  Goldsmith  Productions,  will  be 
married  Saturday  night  to  Helen  R. 
Goldman  of  Brooklyn. 

Karl  MacDonald,  Warners'  Latin 
America  division  manager,  returned 
yesterday  from  Kingston,  Jamaica. 

Richard  Barthelmess  will  spend 
New  Year's  here  if  he  can  finish  "A 
Modern  Hero"  by  next  Wednesday. 

Ray  Hodgdon  has  been  assigned  as 
student  manager  covering  the  houses 
in    H.    E.    Emde's   division. 

E.  H.  Alxen,  production  manager 
of  Educational  studios,  has  left  New 
York  for  the  coast. 


DU   ROCHER  MacPHERSON'S 
"She  Takes  the  Wheel"  has  been 
bought  by  M-G-M   for  screening. 

Meyer  Davis  will  conduct  his  or- 
chestra at  the  New  Year's  eve  party 
at  the  White  House. 

S.  N.  Behrman  is  in  town  for  a 
few  days  before  going  south  to  work 
on  a  new  play. 

Ray  Koch  has  been  appointed  as- 
sistant manager  at  the  58th  St. 
theatre. 

Abe  Lyman  and  his  band  have  com- 
pleted work  in  a  Vitaphone  short. 

Panagiotis  is  what  George  Skou- 
ras' middle  initial  stands  for. 

||!   '": 

Don  Dean,  South  American  radio 
star,  is  at  the  Warwick. 

Charles  R.  Rogers  reaches  Holly- 
wood today. 


Amity  Action  Proceeds 

Further  examination  of  E.  W. 
Hammons,  president  of  Educational, 
in  connection  with  the  action  of  Amity 
Pictures  to  recover  certain  distribu- 
tion revenues  alleged  to  be  due  from 
Tiffany,  was  conducted  yesterday  by 
H.  William  Fitelson,  attorney  for 
Amity.  Rights  to  the  Tiffany  pro- 
ductions were  acquired  by  Amity 
some  time  ago.  The  preliminary  ex- 
amination of  Hammons  is  scheduled 
to  be  resumed  tomorrow. 


May  Be  Provisional 

Warners  stated  yesterday  Fred 
North,  Detroit  branch  manager,  is 
only  "acting  division  manager"  of  its 
Detroit,  Pittsburgh,  Cleveland  and 
Cincinnati  offices,  thereby  indicating 
the  promotion  is  provisional.  Roy 
HaineSj  now  in  charge  of  company 
sales  in  the  metropolitan  area,  for- 
merly had  this  territory. 


U.  A.  to  Hold  2  Showings 

United  Artists  has  decided  on  trade 
showings  in  all  key  centers  for  "Gal- 
lant Lady"  and  "Moulin  Rouge."  The 
former  will  be  shown  Dec.  29  and  the 
latter  Jan.  15. 


In  Town  for  Holidays 

George  Batcheller,  president  of 
Chesterfield,  is  in  town  for  the  holi- 
days and  plans  to  return  to  the  coast 
after  the  first  of  the  year. 


Sixth  Week  for  ''Women" 

"Little  Women"  enters  its  sixth 
week  at  Radio  City  today.  It  played 
21  days  at  the  Music  Hall  and  now 
begins  a  third  week  at  the  Center. 


Salesmen  Vacation 

Salesmen  of  practically  all  compa- 
nies are  on  their  usual  seasonal  vaca- 
tions and  return  to  their  jobs  on  Jan.  2. 


Trading  Heavy — Most  Issues  Slip 


High  Low  Close 

Columbia  Pictures,  vtc 24^  2314  23}4 

Consolidated   Film   Industries 3  2l/i         3 

Consolidated  Film  Industries,  pfd 10%  9%  10% 

Eastman   Kodak   81  7754  78 

Fox  Film  "A" 13Ji  12M  135^ 

Loew's,  Inc SO'A  27%  28Ji 

Paramount  Publix  2  1^          1% 

Pathe  Exchange   lyi  VA          I'A 

Pathe    Exchange   "A" 10J4  S'A          9'A 

RKO    2A  2'A         2yt 

Universal   Pictures,  pfd 155^  155^  15^ 

Warner   Bros SVa  AVi         4% 


Net 
Change 

-\V2 

-V  H 
-2H 


-VA 


-A 
-  'A 


Trading  Light  in  Curb  Market 


High  Low      Close 

General  Theatre  Equipment,  pfd 54  'A           Vi 

Sentry  Safety  Control !4  3/16       3/16 

Technicolor    8%  i'A         S'A 

Trans  Lux IJi  1^4         IJi 


Net 
Change 


Bond  Market  Fairly  Steady 


High  Low  Close 

General  Theatre  Equipment  6s  '40 3  254  3 

General  Theatre  Equipment  6s  '40,  ctf 2%         2J4  2^ 

Keith  B.  F.  6s  '46 51%  51%  51% 

Loew's  6s  '41,  ww  deb  rights 80k  80H  80)i 

Paramount   Broadway  S'As  '51 30J4  30'A  30'A 

Paramount  Publix  Sj^s  '50 27  27  27 

Pathe  7s  '37,  ww  83Ji  83J/i  83J4 

Warner  Bros.  6s  '39,  wd 39'4  38%  39 


Net 
Change 


—  H 
-Vi 
+  54 
-% 


Sales 

400 

800 

2,900 

1,900 

1,700 

4,300 

3,100 

1,200 

3,200 

70O 

3,000 

17,500 


Seles 

100 

200 

2,000 

100 


Sales 

29 
7 
1 
2 
4 
1 
2 

35 


Thursday,  December  21,   193! 


SPOT  NEWS 

from 

COLUMBIA 


V 


..mf. 


Everyone  will  be  singing  the  songs 
from  "LET'S  FALL  IN  LOVE," 
written  by  Harold  Arlen  and 
Ted  Koehler,  composers  of 
"Stormy  Weather,"  featuring 
Edmund  Lowe,  Ann  Sothern, 
Miriam  Jordan  and  Gregory  Ratoff. 


Jfe 


Millions  await  CLARK  GABLE 
and  CLAUDETTE  COLBERT 
in  the  romantic  comedy  by 
Samuel  Hopkins  Adams  read  by 
one  and  a  half  million  readers  of 
Cosmopolitan  Magazine.  See  these 
rwo  stars  together  for  the  first  time, 
under  Frank  Capra's  direction. 


I<<P 


Hfy 


WA 


Exhibitors,  press  and  public 
acclaiming  Frank  Borzage's  pro- 
duction, "A  MAN'S  CASTLE." 
Featuring  Spencer  Tracy  and 
Loretta  Young,  it  has  already 
chalked  up  records  in  Buffalo, 
Atlanta,  New  Orleans,  Hartford. 
Milwaukee  and  other  cities. 


'ONCE  TO  EVERY  WOMAN.' 
. .  .What  a  box-oflSce  title !  Ralph 
Bellamy,  Fay  Wray  and  Walter 
Connolly  head  the  cast  of  this 
picturization  of  A.  J.  Cronin's  fa- 
mous Cosmopolitan  Magazine 
story.  Watch  this  one. 


Thursday,   December  21,    1933 


MOTION  PICTURE 

DAILY 


Stagger  Plan  Help 
To  Many  Musicians 

(Continued  from  faqe  1) 
throughout  the  country  had  set  the 
plan  rolling.  Ed  Canavan,  head  of  the 
Associated  Musicians  of  Greater  New 
York,  which  is  Local  802  of  the  Fed- 
eration, asserted  it  was  doing  much 
to  help  relieve  hardship  among  musi- 
cians in  the  New  York  City  terri- 
tory, of  whom  there  are  some  15,000. 
Under  the  stagger  idea  an  unem- 
ployed musician  is  assured  of  one 
week's  work  in  four.  As  it  operates 
in  New  York,  two  days'  work  is 
given  in  each  of  the  first  three  weeks, 
with  one  day  the  fourth  week.  The 
full  effect  of  the  system  will  not  be 
known  until  about  the  first  of  the  year, 
when  the  first  four  weeks'  period  will' 
be   up. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


»»* 


Libson  Makes  Three 
Cincy  Policy  Shifts 

Cincinnati,  Dec.  20.— Policy  shifts 
are  being  made  here  by  the  Libson- 
Frudenfeld   setup. 

Class  A  product,  heretofore  con- 
fined to  the  Albee,  will  also  be  played 
at  the  Lyric,  Capitol  and  Grand,  and 
the  Grand  will  go  on  a  full  week 
basis.  This  leaves  the  Family  the 
only  split  week  house  downtown. 


^'Fugitive  Lovers 

(M-G-M) 

Hollywood,  Dec.  20. — "Fugitive  Lovers"  has  the  fundamental  move- 
ment and  drama  which  make  pictures  popular  entertainment.  The  action 
takes  place  in  a  speeding  transcontinental  bus  and  at  way  stations. 

A  show  girl,  Madge  Evans,  refuses  to  go  to  Atlantic  City  with  a 
gangster  producer,  Nat  Pendleton,  and  boards  a  transcontinental  bus, 
but  the  gangster  goes  along,  also.  A  convict,  Robert  Montgomery, 
escaping  from  jail,  gets  aboard,  and  the  girl,  to  get  away  from  the 
gangster,  seeks  the  convict's  protection.  John  Law  hounds  the  convict's 
trail,  and  in  spite  of  the  law  and  the  gangster  menace  a  romance  springs 
up  between  the  convict  and  the  girl,  with  good  old-fashioned  melodra- 
matics,  human  interest  and  vigorous  thrills  coming  in  for  a  speedy  play. 

Montgomery  and  Miss  Evans  make  the  romance  sincere.  Nat  Pen- 
dleton registers  as  the  gangster,  with  both  menace  and  humor.  Ted 
Healy  and  his  stooges  supply  comedy  interludes.  C.  Henry  Gordon  puts 
across  a  detective  role  in  vivid  style.  Richard  Boleslavsky's  direction 
stresses  the  basic  picture  formula  of  dramatic  action. 

"Fugitive  Lovers"  is  satisfactory  entertainment  and  should  strike  a 
pleasing  enough  chord  where  they  like  pictures  that  move.  Where 
human  interest  hokum  pulls  big  audiences  it  might  be  better  than  satis- 
factory. 


Aylesworth  States 
He  Likes  RKO  Job 


(Continued  from   page   1) 

M.  C.  Cooper  is  expected  to  return 
to  New  York  from  the  coast. 

Asked  whether  he  would  continue 
under  the  reorganized  company, 
Aylesworth  said  that  he  "hasn't  de- 
cided yet." 

Directors  were  supposed  to  have 
met  when  Cooper  was  last  in  town, 
but  the  executive  producer  for  Radio 
pictures  was  called  to  attend  the  fu- 
neral of  his  father  in  Jacksonville, 
Fla. 


For  Ampa  Party 

A  check-up  late  yesterday  indicated 
the  Ampa  may  run  short  of  tickets 
for  its  Christmas  party  at  the  Astor 
today.  The  capacity  of  the  ballroom 
is  1,000  and  already  most  of  the  tickets 
have  been  sold. 

Definite  acceptances  from  important 
film  men  so  far  include  Will  H.  Hays 
and  Eddie  Cantor.  Mario  Chamlee, 
Metropolitan  Opera  star,  will  also  be 
there.  Cantor,  Hays  and  Lx)uis  Nizer 
are   scheduled    as    the   only   speakers. 


Looking  ^Em  Over 


St.  Louis  Operator  Hurt 

St.  Louis,  Dec.  20.— Albert  Fletch- 
er, operator  at  the  Maryland,  was 
slightly  injured  yesterday  when  a 
bomb  exploded  on  the  roof.  He  was 
dazed  and  was  treated  at  the  City 
Hospital. 


St.  Louis,  Dec.  20. — John  B.  An- 
toniella,  secretary  of  the  United  Bar- 
bers' Ass'n.,  was  sentenced  yesterday 
to  six  months  on  each  of  two  charges 
jf  stench  bombing. 


Walter  Gould  in  Town 

Walter  Gould,  general  manager  for 
United  Artists  in  Mexico,  has  arrived 
here  from  Porto  Rico,  where,  with 
Lester  Sussman,  he  aided  in  the  open- 
ing of  a  new  U.  A.  exchange  there. 

Sussman  remained  in  Porto  Rico  as 
branch  manager.  Gould  will  confer 
with  company  executives  before  re- 
turning to  Mexico  City,  his  head- 
quarters. 


Breen  a  Busy  Man 

Hollywood,  Dec.  20. — In  addition 
to  his  other  duties  at  the  Hays  ofTice. 
Joe  Breen  is  performing  the  duties  of 
Dr.  James  Wingate  during  his  absence 
in  the  East  for  conferences  on  cen- 
sorship. 


"City*'  Set  in  133  Spots 

Warners  have  set  133  day  and  date 
bookings  for  the  opening  of  "Conven- 
tion City"  on  Dec.  31. 


«d 


,w 


Criminal  at  Large 

(Helber) 

Spooky  is  the  word  for  this  one.  It's  an  English-made  mystery  story 
with  the  interest  centered  more  on  who  is  going  to  be  murdered  next 
than  on  who  is  doing  all  the  stranglings.  Most  of  the  way  through  the 
story  the  mother  and  one  of  the  footmen  are  the  two  principal  suspects, 
but  finally  a  half-wit  son  brings  Scotland  Yard  into  the  case  and  con- 
fesses while  menacing  an  inspector  with  a  revolver.  This  is  really  a 
remarkable  scene. 

Interest  is  maintained  well,  the  setting— mostly  interiors  of  an  English 
castle — are  luxurious,  and  the  cast  is  competent,  but,  like  many  British 
productions,  it  will  be  handicapped  in  this  country  by  the  extreme  British 
accent. 

The  film  is  an  adaptation  of  Edgar  Wallace's  stage  play,  "Frightened 
Lady."  It  was  produced  by  Gaumont-Gainsborough  with  T.  Hayes 
Hunter  directing.  Lady  Lebanon,  played  by  Cathleen  Nesbitt,  tries  to 
protect  her  son,  who  has  a  mania  for  strangling  people.  The  work  of 
Emlyn  Williams  in  this  role  is  outstanding.  None  of  the  names  in  the 
cast  mean  anything  to  American  audiences. 


"Flying  Doivn  to  Rio,"  which  opens  at  the  Music  Hall  today,  was  reviewed 
by  wire  from  Hollywood  in  Motion  Picture  Daily  Dec.  12. 

"Mr.  Skitch,"  slated  for  preview  at  the  Roxy  tonight,  tvas  revieiued  by 
wire  from.  Hollyzvood  on  Dec.  8. 

"Convention  City,"  zs/hich  opens  at  the  Strand  tomorroiv  night,  zvas  caught 
in  Hollyzvood  and  reviezved  by  zmre  on  Dec.  11. 

"Going  Hollyzvood,"  Friday's  opener  at  the  Capitol,  zms  reviezved  by  wire 
from  the  coast  on  Dec.  12. 

"Alice  in  Wonderland"  was  reviewed  on  Dec.   11. 


SHORTS 


"Sing,  Babies,  Sing" 

(Paramount) 
A  highly  entertaining  short  with 
a  combination  of  cartoons  by  Dave 
Fleischer  and  songs  by  Baby  Rose 
Marie.  The  animated  portion  of  the 
picture  shows  a  baby  factory  in  the 
clouds  with  all  sorts  of  animals  be- 
ing turned  out  by  the  second.  Inter- 
spersed is  a  shot  of  the  child  actress 
singing  "An  Orchid  to  You"  and 
"Hiawatha's  Lullaby."  Great  for  the 
children.    Running  time,   8   mins. 


"A  utohuyography" 

(Radio) 
Leon  Errol's  experiences  in  buying 
a  new  car  and  then  having  it  fall 
to  pieces  the  first  day  constitute  the 
substance  of  this  short.  There  is  a 
lot  of  meaningless  dialogue  between 
Errol  and  the  salesmen  and  at  times 
it  appears  this  subject  is  an  ad  for 
a  new  automobile  manufacturer.  Dor- 
othy Wolbert  is  Errol's  wife  and 
Georgie  Billings,  the  son.  Running 
time,   20   mins. 


Cullman  Sees  Money 
In  Film,  Not  Shows 

Pictures  are  the  source  of  theatre 
profit,  declares  Howard  S.  Cullman, 
receiver  for  the  7th  Ave.  Roxy.  Some 
of  the  biggest  grosses  have  been  wjth 
good  pictures  and  limited  stage  shows, 
he  says,  and  some  of  the  smallest  have 
been  with  mediocre  pictures  and  elabo- 
rate shows. 

Some  things  he  has  learned  in  his 
first  year  in  the  show  business,  he 
says,  are  that  the  public  must  be 
pleased  and  that  theatres  can  get 
along  without  impresarios  who  con- 
ceal themselves  in  elaborate  suites  and 
private  cafeterias. 

The  Roxy  has  been  in  the  black 
since  he  developed  enough  courage  to 
get  rid  of  big  presentations  two  weeks 
after  becoming  receiver,  he  says. 


Loew  Managers  Talk 
On  Code  at  Memphis 

Memphis,  Dec.  20.— Loew's  South- 
ern managers  began  a  two-day  con- 
ference here  today  on  the  effects  of 
the  code  on  theatre  operation.  The 
meeting  was  called  by  Col.  Lionel  H. 
Keene  of  Atlanta,  southern  division 
manager;  Col.  Cecil  E.  Vogel,  local 
city  manager,  and  Bernard  Thomas, 
state  manager. 

Others  attending  are :  Rodney 
Toups,  New  Orleans;  W.  V.  Taylor, 
Houston;  Edwin  Adler,  Nashville; 
Walter  McDonald,  Louisville,  and 
Walter  Dewittj  Evansville. 


Report  Coast  Indies 
May  Join  Hays  Group 

(Continued  from   page   1) 

Hays  organization.  Several  indepen- 
dents, it  has  been  learned,  are  already 
submitting  scripts  and  stills  for  cen- 
sorship to  the  M.  P.  P.  D.  A.,  a 
spokesman  for  which  declares  none 
has  made  application  yet  but  that  there 
is  a  strong  possibility  they  will  in  the 
near  future. 


Lehenshurger  Resigns 

Cleveland,  Dec.  20. — Maurice  Leb- 
ensburger  has  resigned  as  manager  of 
the  Cleveland  office  of  Majestic  Pic- 
tures. For  the  time  being,  Mark 
Goldman,  district  manager,  will  have 
charge  of  the  Cleveland  and  Cincin- 
nati offices  which  are  owned  by  Mor- 
ris Segal  of  Cincinnati. 


Arthur  Eastbound 

Los  Angeles,  Dec.  20. — Harry  C. 
Arthur  left  today  for  New  York,  fol- 
lowing conferences  with  his  brother, 
Milton,  Spyros  and  Charles  Skouras 
and  Louis  Cohen,  realty  head  for 
F.  &  M. 


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AMERICA'S  GREATEST 


ADS  ON  DARRYLF.Z 


BIG/  So  big,  we  had 

to  get  artists  as  famous 
as  these  to  give  it  the 
campaign  it  deserves! 


JAMES  MONTGOMERY  FLAGG 


DIEGO  RIVERA 


HOWARD  CHANDLER  CHRISTY  BRADSHAW  CRANDALL 


McClelland  Barclay 


HAYDEN  HAYDEN 


^fATCH   FOR 
THEIR  CAMPAIGN! 

AVAILABLE  TO  EVERY 
EXHIBITOR    WHO 
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Released  fhTh  UNITED  ARTISTS!    Bactec 


RTISTS  ARE  DOING  THE 


CK'S  PRODUCTION  OF 


UGER 

MINATI 
OORE 

CAVA 


CENTURY 
PICTURE 

Presented  by 
JOSEPH  M. 
SC  H  E  NC  K 


'Gallant  Lady' 

(20th  Century) 

Hollywood,  Dec.  5. — "Gallant  Lady"  is  big  and  fine.  A  thrilling  pic- 
ture, throbbing  with  a  measured  beat  of  human  sympathy. 

Audiences  will  meet,  know,  and  be  pulling  for  as  swell  a  group  of 
human  beings,  led  by  Ann  Harding  and  a  stellar  cast,  as  have  graced 
the  screen  in  some  time. 

Not  since  "Holiday"  has  Miss  Harding  been  accorded  such  a  genuine, 
sincere  and  meaty  role.    She  handles  it  with  feeling  and  telling  effect. 

The  story  concerns  a  girl  courageous.  Her  fiance,  killed  in  a  take-off 
on  a  trans-Atlantic  flight,  forces  her  to  have  her  child  adopted.  Her 
attachments  to  three  men,  her  business  success,  her  yearning  and  quest 
for  her  baby  boy,  and  her  final  break  for  happiness  are  meager  high- 
lights of  an  absorbing  plot. 

Charged  with  quiet  power,  suffused  with  poignant  pathos,  the  picture 
reveals  dramatic  heartbreak  in  a  touching  and  tender  mood.  Sigh  and 
sob  are  broken  by  smiles  and  laughs.  Ann  Harding  softly  etches  a 
portrait  that  engraves  itself  on  one's  memory. 

Clive  Brook,  as  a  social  outcast,  elevates  human  frailty  superbly. 
Tullio  Carminati  is  gay.  Otto  Kruger  is  dependable,  and  both  give 
quality  performances  as  the  two  other  men  in  Ann  Harding's  life.  Janet 
Beecher,  rich  in  stage  experience,  turns  in  a  warm,  competent  and  sin- 
cere portrayal.  Dickie  Moore  is  a  lovable,  regular  fellow.  Betty 
Lawford,  as  the -female  menace,  handles  a  tough  job  nicely. 

Gregory  La  Cava's  direction,  keeping  the  human  values  well  in  front 
at  all  times,  is  expert  in  all  departments.  Sam  Mintz's  screen  play  is 
a  model  of  craftsmanship. 

"Gallant  Lady"  explores  the  heartaches  and  gropings  of  real  people. 
Its  soft  symphony  reaches  the  hidden  springs  of  emotions  and  plays 
wholesome  music  on  the  heartstrings. 

Appealing  to  all  classes,  "Gallant  Lady"  may  well  be  considered  out- 
standing, should  do  standout  business  where  Ann  Harding's  name  pulls 
and  should  rejuvenate  her  popularity  elsewhere. 


"'d^^SSiL^jRJUi^i^^^is^^J^fl 


with  UNITED  ART/ST?  EXPLOITATION! 


MOTION.  PICTURE 

DAIXY 


Thursday,  December  21,   1933 


Say  New  Para. 
Plan  Returns 
98%  of  Cost 


(.Continued  from   paqe    1) 

cently    created    corporation    which    is 
wholly  owned  by  Paramount  Publix. 

Lloyd  Laporte,  of  counsel  for  the 
Paramount  Publix  trustees  in  bank- 
ruptcy, reported  at  the  hearing  that 
all  but  $1,200,000  of  the  total  claims 
filed  against  Publix  Enterprises  rep- 
resented inter-company  obligations  of 
the  bankrupt  originally,  and  that  this 
amount  had  been  further  reduced 
either  by  the  claims  not  being  allowed 
by  the  referee  or  by  purchase  by 
Paramount  Publix  subsidiaries.  Total 
outside  claims  allowed  against  Publix 
Enterprises  do  not  exceed  $143,000  at 
present,  Laporte  said.  Total  claims 
originally  filed  against  the  bankrupt 
aggregated  $13,381,333.  Three  of  the 
largest  claims,  aggregating  over  $7,- 
000,000,  were  compromised  for  $3,126,- 
129.  These  were  the  claims  of  Publix 
Theatres  Corp.,  Paramount  Publix 
and  Commercial  Investment  Trust, 
Inc.,  and  U.  S.  &  Foreign  Securities 
Corp. 

Laporte  stated  that  the  purchase 
price  offered  by  Famous  Theatres 
would  permit  a  settlement  of  all  cred- 
itors' claims  allowed  against  Publix 
Enterprises  on  the  basis  of  35  cents 
on  the  dollar  in  five-year  five  per 
cent  notes  of  the  new  corporation. 
Creditors  also  will  be  offered  an  al- 
ternative settlement  of  one  share  of 
preferred  stock  in  Famous  Theatres 
Corp.  for  each  $200  of  valid  claims, 
or  an  equivalent  of  50  cents  on  the 
dollar  if  the  par  value  of  the  new  com- 
pany's preferred  is  considered  to  be 
$100. 

Delay   Is   Refused 

Counsel  for  the  Citizens'  National 
Trust  and  Savings  Bank  of  Los  An- 
geles, a  Paramount  Publix  creditor  in 
the  amount  of  more  than  $800,000, 
asked  for  an  adjournment  of  the 
meeting  to  approve  the  reorganization 
plan  on  the  grounds  that  the  referee's 
notice  of  the  meeting  gave  insufficient 
details  of  the  plan  and  not  enough 
time  had  been  given  for  study  of  the 
plan  itself.  Referee  Davis  refused  to 
grant  an  adjournment  when  Laporte 
declared  that  immediate  action  on  the 
plan  was  necessary.  Famous  Theatres' 
offer  expires  Saturday.  The  Los  An- 
geles bank's  attorney  stated  that  while 
he  had  been  instructed  to  request  the 
adjournment  he  believed  the  reorgan- 
ization plan  to  be  "a  good  one"  after 
being  told  by  Laporte  that  "between 
97  and  98  per  cent  of  the  money  in- 
volved in  the  transaction  would  be  re- 
turned to  the  Paramount  estate  and 
the  control  of  its  trustees  in  bank- 
ruptcy." 

Under  the  reorganization  plan,  Fa- 
mous Theatres  will  pay  $240,000  of 
the  purchase  price  in  cash,  out  of 
which  the  expenses  of  the  bankruptcy 
administration  of  Publix  Enterprises 
will  be  paid.  Payment  of  the  balance 
of  the  purchase  price  will  be  adjusted 
on  the  basis  of  the  claims  of  Para- 
mount Publix  and  its  subsidiaries 
against  Publix  Enterprises,  which  will 
be  settled  either  at  the  rate  of  35 
cents  on  the  dollar  in  the  five-year 
notes  or  by  "accepting  a  share  of  Fa- 
mous Theatres'  preferred  for  each 
$200  of  approved  claims. 

The  Famous  Theatres'  offer  is  to  be 


1934  Looks  O.  K.  to  Clark; 
Idolatry  Futile:  Comerford 


By  JOHN   D.   CLARK 

(.Continued  from  page   1) 

good  product  and  the  production 
plans  now  being  made  for  the  new 
year  include  more  pictures  of  out- 
standing merit  than  ever  before 
considered  in  advance  of  a  new 
season.  There  can  be  no  halfway 
measures. 

We  must  have  good  pictures. 


By  M.  E.  COMERFORD 

(Continued  from  page   1) 

have  very  definite  divisions  and  we 
know,  or  think  we  know,  what  the 
province  of  each  happens  to  be.  Of 
course,  there  must  be  a  falling  off  in 
business  when  the  general  economic 
situation  is  below  par.  There  should 
also  be  a  substantial  increase  when 
affairs  as  a  whole  become  better.  But 
we  should  not  be  subject  to  violent 
conclusions  when  there  is  no  real 
cause  for  the  same. 


We  should  calmly,  but  deliberately, 
take  hold  of  our  business  and  after  a 
very  searching  analysis  find  out  ex- 
actly what  to  do  about  it,  and  then  do 
it.  In  Japan,  they  tell  me,  the  people 
worship  their  ancestors  on  the  basis 
that  having  entered  Heayen  they  are 
like  God.  But  in  our  business  we 
idolize  living  persons  whom  we  know 
cannot  possibly  bear  any  resemblance 
to  God.  We  worship  so-called  leaders, 
and  our  minds  seem  to  be  so  sur- 
charged with  this  personal  idolatry  at 
times  that  we  are  in  no  position  to 
make  honest  calculations.  Let  us 
smash  the  idols  and  deal  with  mere 
men  and  women.  Take  nothing  for 
granted,  but  follow  business  truth 
wherever  it  may  lead.  We  can  recon- 
struct this  business  sensibly  and  con- 
duct it  along  honest  and  equitable 
lines.  Where  any  man  or  group  stand 
in  the  way  of  equity  or  the  square 
deal,  push  them  aside. 

Let  us  make  1934  a  year  of  real  ac- 
complishments along  that  line. 


submitted  to  Referee  Davis  for  ap- 
proval today.  If  approvedj  it  will 
wind  up  the  affairs  of  Publix  Enter- 
prises except  for  the  contesting  of 
creditors'  claims  against  the  estate 
which  have  not  been  settled  yet.  Irv- 
ing Trust  Co.  continues  as  trustee  for 
Publix  Enterprises  until  such  claims 
have  been  disposed  of,  at  which  time 
the  theatre  company  will  be  discharged 
formally  from  bankruptcy. 

Laporte  stated  yesterday  that  there 
were  originally  356  theatres  in  the 
Publix  Enterprises  holdings,  but  that 
the  number  had  been  reduced  to  214 
either  by  the  bankruptcy  or  receiver- 
ship of  the  subsidiary  companies  oper- 
ating them  or  by  disposing  of  them 
outright.  He  described  the  estate  as 
of  importance  to  Paramount  as  a  film 
outlet  and  as  a  debtor. 


General  Service  to 
Enlarge  2  Studios 

Hollywood,  Dec.  20. — General  Ser- 
vice Studios,  owning  the  Metropoli- 
tan and  Educational  plants,  begin 
work  the  first  of  the  year  on  the 
erection  of  five  new  sound  stages  at 
an  estimated  cost  of  $1,250,000.  In 
addition,  there  will  be  three  sound 
channels  with  accessories  costing 
$125,000. 

Dr.  E.  M.  Honan,  former  sound 
director  for  the  Bell  Laboratories  and 
Erpi  sound  director,  is  here  super- 
vising the  work. 

Harold  Lloyd  is  to  move  into  the 
enlarged  plant.  A  new  bungalow  is 
being  built   for  him. 

This  is  believed  to  confirm  reports 
that  Erpi  is  going  into  the  picture 
business  in  a  big  way  and  is  seeking 
responsible  independents  for  the  pur- 
pose of  financing  them. 


Mrs.  Ibold  Passes 

Denver,  Dec.  20. — Mrs.  Bertha  F. 
Ibold,  wife  of  Walter  E.  Ibold,  man- 
ager of  the  Comet,  died  at  their  home 
here.  Her  brother,  C.  W.  Kelly  of 
Greeley,  owner  of  the  Park,  was  too 
ill  to  attend  the  funeral,  which  was 
held  in  Denver. 


Lynch  to  Stay  in 
New  Para.  Setups 

(Continued  from   page    1) 

as  an  officer  and  director  of  Famous 
Theatres  Corp.,  wholly  owned  sub- 
sidiary recently  created  to  buy  up  the 
assets  of  the  bankrupt  Publix  Enter- 
prises. 

Lynch's  compensation  for  his  pres- 
ent theatre  reorganization  services 
calls  for  delivery  to  him  of  a  $50,000 
one-year  note  and  2,500  shares  of  pre- 
ferred stock  of  Famous  Theatres 
Corp.,  it  was  stated  yesterday  at  a 
hearing  before  Referee  Henry  K. 
Davis.  The  compensation  was  fixed 
by  agreement  between  Lynch  and  the 
Paramount  Publix  trustees.  The 
agreement  also  provides  that  in  the 
event  the  settlement  is  not  approved 
by  the  referee,  Lynch  can  rescind  a 
compromise  settlement  of  claims  which 
he  has  filed  against  the  bankrupt 
estate. 

The  Publix  Enterprises  estate  is 
the  former  Southern  Enterprises 
which  Paramount  acquired  from 
Lynch  several  years  ago.  Under  the 
reorganization  plan  which  comes  be- 
fore Referee  Davis  for  final  approval 
today,  the  estate  will  be  acquired  by 
Famous  Theatres  of  which  Y.  Frank 
I'Veeman,  former  general  manager  of 
Lynch's  Southern  Enterprises,  is 
president. 


Coast  Men  Discuss 
Star  Broadcast  Row 

Hollywood,  Dec.  20. — Means  of 
combatting  exhibitors'  squawks  against 
radio  broadcasts  by  screen  talent 
on  the  ground  that  it  is  theatre 
competition  have  been  discussed  by 
publicity  directors  at  the  Hays  office, 
but  nothing  has  been  done. 

It  was  agreed  that  the  matter  would 
have  to  be  settled  by  home  offices. 


SheehanAgain 
In  Command 
Of  Fox  Films 


Garho  Opening  Ahead 

Originally  scheduled  for  the  Aster 
on  Dec.  27,  "Queen  Christina,"  Greta 
(iarbo's  latest,  will  open  at  the  same 
house   on   Tuesday,    Dec.   26. 


(Continued  from  page   1) 

production  activity  will  clear  over  his 
desk  once  again. 

The  centralization  of  authority  in 
Sheehan  may  have  a  bearing  on  the 
three  important  musicals  which  cur- 
rently are  on  the  Fox  schedule  in 
view  of  general  Hollywood  opinion 
that  this  cycle  already  has  been  well 
covered  and  exploited.  The  pro- 
posed musicals  are  "Fox  Movietone 
Follies,"  "George  White's  Scandals" 
and  "Bottoms  Up"  which  Buddy  De 
Sylva  is  slated  to  produce.  Of  late, 
Sheehan  has  been  confining  his  activ- 
ities to  production  of  a  limited  num- 
ber of  the  more  important  releases 
on    the    studio    schedule. 

Kent  left  for  the  East  tonight  where 
he  arrives  in  time  to  spend  the  Christ- 
mas holidays  with  his  family. 

"I  believe  we  are  going  to  return  to 
an  era  of  honest  stories  dealing  with 
human  emotions  and  interests.  Above 
all,  clean  stories  with  wholesome 
humor  will  find  favor  with  the  public. 
The  cynical  sophisticated  screen  play, 
whose  characters  are  unreal,  synthetic 
sinners  is  passe,"  Sheehan  thinks. 

"The  public's  taste  turns  to  the  real 
problems  and  actual  struggles  of 
regular  people  who  live  clean  lives. 

"It  is  the  great  mission  of  motion 
pictures  to  take  the  lead  in  this  cam- 
paign. Literature  and  the  stage  have 
given  themselves  over  to  decadence ; 
the  screen  must  begin  the  renaissance 
in  clean  entertainment  for  the  whole 
family. 

"Musicals  with  a  good  story,  catchy 
music  and  interesting  personalities, 
will  make  money.  But  a  hackneyed 
narrative  with  poor  music  and  cast 
lacking  in  talent  will  'flop.'  The 
world's  political  unrest  demands  a  re- 
action in  its  entertainment  to  opti- 
mism, comedy  and  wit. 

"The  coming  year  will  produce  a 
new  crop  of  personalities.  Young  act- 
ors and  actresses,  recruited  from  all 
over  the  world,  have  been  tested, 
coached,  tried  out  and  developed  to  a 
point  where  they  are  ready  for  pre- 
sentation to  the  public  in  featured 
parts.  Not  all  will  make  the  grade, 
1)ut  from  this  group  our  future  and 
increasingly  talented  stars  will 
emerge." 


Delay  Advertising  Meet 

Originally  scheduled  for  this  week, 
the  meeting  between  advertising  rep- 
resentatives of  independent  companies 
and  J.  J.  McCarthy  of  the  Hays  office 
has  been  postponed  until  late  next 
week. 


Hollywood,  Dec.  20. — Fox  has 
signed  Ray  Long,  former  editor  of 
Cosmopolitan,  and  Frederick  L.  Col- 
lins, former  editor  of  McClure's,  as 
a  team  with  a  roving  commission  to 
contact  authors  and  other  sources  of 
story  material  in  cooperation  with  the 
studio  and  home  office.  They  start 
immediately. 


Hollywood,  Dec.  20. — S.  R.  Kent 
has  approved  Clyde  Elliott's  Asiatic 
jungle  film  titled  "Devil's  Tiger," 
which  is  to  be  released  shortly  by 
Fox. 


Greeted  JVith 

APPLAUSE 


EASTMAN  Background  Negative  is 
winning  wide  acclaim  among  the  many 
producers  and  cameramen  who  have  already 
discovered  its  possibilities.  Its  remarkably 
fine  grain  meets  the  prime  requirement  of 
background  shots  that  are  to  be  projected 
and  rephotographed.  Other  qualities  .  .  . 
particularly  a  surprising  degree  of  speed  .  .  . 
give  it  a  potential  versatility  that  may  well 
lead  to  finer  photography  in  other  direc- 
tions. Eastman  Kodak  Company,  Rochester, 
N.  Y.  (J.  E.  Brulatour,  Inc.,  Distributors, 
New  York,  Chicago,  Hollywood.) 

EASTMAN 

Background  Negative 


10 


MOTION  PICTURE 

DAILY 


Thursday,  December  21,   193; 


Sitting"  Is 
$11,500  High 
111  Cleveland 


Cle^txand,  Dec.  20. — Zero  weather 
the  early  part  of  the  week,  combined 
with  the  bepinning  of  the  holiday 
slump,  hit  theatres  hard.  "Sitting 
Pretty,"  at  Loew's  State,  was  the  only 
first  run  to  go  over  the  top,  doing 
about  $11,500.  "Hoopla."  at  the  War- 
ner Hippodrome,  held  its  own.  while 
others  slumped.  The  six-day  bicycle 
race  proved  heavy  competition. 

Total  first  run  business  was  $41,950. 
Average  is  $42,500. 

Estimated  takings  for  the  week  end- 
ing Dec.  15 : 

"TAKE  A  CHANCE"    (Radio) 

ALLEN-C.V.Wm.    20c  30c.    .10c-40c,    7   davs. 

Gross:    $2,750.    (.Average.   $3,000.) 

"HOOPLA"    (Fox) 

WARXERS"  HIPPODROME— (3,800).  30c- 

.>.^-44c,    7    days.    Gross:    $5,000.     (Average. 

S.'.noo.) 

"OLSEN'S    BIG    MOMENT"    (Fox) 

WARNF.R.S  LAKE— (800).  2.=;c-.15c,  7  davs 
Cross:    $1,900.    (Average.    J2..';00.) 

"MAN'S    CASTLE"     (Columbia) 
RKO    PALACE— (3.100).   .30c-40c-60c-75c.    7 
days.  Stage:   ".'Strike  Me  Pink"  with  James 
Barton.    Ooss:    $17,000.    (Average,    $18,000.) 
"SITTING  PRETTY"    (Para.) 
LOEW.S    STATE— (.1.400).    30c-35c-44c.    7 
days.    Gross:    $11,500.    (Average.    $10,000.) 
"CRADLE    SONG"    (Para.) 
"TO    THE    LAST    MAN"    (Para.) 
-STILLMAN- (1.900).      25c-35c.      7      days. 
Grx>»s:    $3,800.    (Average.   $4,000.) 


Yesterday," 
Show,  Denver 
Hit,  $11,000 


"If  I  Were  Free" 
Indianapolis  Lead 

In-dia.v.\polis.  Dec.  20. — Theatre 
business  was  very  bad  last  week  with 
all  houses  going  below  average.  "If 
I  Were  Free,"  with  Thurston  on  the 
stage  of  the  Indiana,  was  good  for 
only  $7,000.  below  average  by  $1,000, 
but    the   best   business    in   town. 

Estimated  takings  for  the  week 
ending   Dec.    16: 

"JIMMIE   AND   SALLY"    (Fox) 
APOLLO— (1,100).   2.5c-40c.   7  days.   Gross: 
$2,000.       (Average.   $2,500.) 

"LITTLE    WOMEN"    (Radio) 
rTRCLF.-f2.400).       25c-40c.       2nd       week. 
Grass:     $3,000.        Average.    $3,500.) 

"IF    I    WERE    FREE"    (Radio) 
TXDIANA— r3,1001.   2.5c-40c.   7  davs.    Stage 
show.        Gross:    $7,000.        (Average.    $8,000) 
"LAUGHING  AT  LIFE"   (Fox) 
LYRir-f2.000).    2Sc-40c.    7    days.    Gross: 
$4,000.       (Average.    $6,000.) 

"WOMEN  IN  HIS  LIFE"   (M-C;-M) 
PALACF^  (2.fi00).  2.5r.40c,  7  days.     Gross: 
H.='iO        (Average.    $4,500.) 


Levin  New  Chairman 

lark  I.evin.  ^Hrector  of  onerations  of 
the  Copyright  Protection  Bureau,  last 
night  was  installed  as  chairman  of  the 
board  of  trustees  of  the  Simon  Cohen 
Memorial  Foundation,  a  Masonic  or- 
ganization devoted  to  charitable  ven- 
tures. 


RCA  Withdraws  Sound 

Hou.vwor,,,  Dcr.  20— RCA  is  said 
to  have  ended  use  of  its  sound  chan- 
nels by  Educational  and  Mack  Sen- 
nett  on  the  ground  that  the  former 
is  an  Erpi  affiliate  and  the  latter  is 
bankrupt. 


The  Indiana  Reopeninff 

IvDrAVAroi.T<:.  Dec.  20.— The  In- 
diana. Monarch  house,  which  closed 
last  Friflay  reopens  Dec.  24  minus 
stage  shows. 


Denver,  Dec.  20. — "Only  Yester- 
day" at  the  Orpheum,  with  a  stage 
show,  inilled  strong  all  week  and 
topped  the  town  with  $11,000.  Hold- 
outs were  the  rule  on  Saturday  and 
Sunday,  with  crowds  strong  the  rest 
of  the  time. 

"The  Way  to  Love"  and  "Invisible 
Man"  ran  the  Denhani  and  Aladdin 
above  average,  w-hile  "The  World 
Changes"  never  got  started  and  turned 
in  only  a  50  per  cent  week  at  the 
Denver.  "Dancing  Lady"  started  the 
Paramount  off  in  nice  shape. 

Total  first  run  business  was  $29,500. 
Average   is  $30,500. 

Estimated  takings  for  the  week  end- 
ing Dec.   14: 

"INVISIBLE    MAN"    (Univ.) 

ALADDIN— (1..500),  25c  -  40c  -  .50c,  7  days. 
Gross:    $4,500.    (Average,   $3, .500.) 

"THE    WAY    TO    LOVE"    (Para.) 

DFAHAM— (1,500).     25c-30c-40c,     7     days. 
Stage  show.  Gross:  $8,000.  (Average.  $7,500.) 
"THE  WORLD  CHANGES"  (F.  N.) 

DENVER  -(2..500).  25c-.?5c-50c,  7  days. 
Gross:    $3,000.    (Average.   $6,000.) 

"ONLY    YESTERDAY"    (Univ.) 

ORPHErM-(2.600).  25c-3Sc-40c,  7  days. 
Stage  show.  Gross:  $11,000.  (Average,  $10,- 
000.) 

"DANCING  LADY"   (M-G-M) 

PARAMOUNT-(2,000),  25c-40c,  3  days. 
Gross:    $1,650. 

"JIMMY    AND    SALLY"    (Fox) 

PARAMOUNT- (2,000),  25c-40c,  4  days. 
Gross:   $1,350.    (Average  for  week,   $3,500.) 

Programmers  About 
Finished— DeMille 

Contending  program  pictures  are 
approaching  finis  and  that  the  unit 
system  is  the  plan  which  would  elimi- 
nate cycles  and  result  in  quality  prod- 
uct, Cecil  B.  DeMille  yesterday  de- 
clared there  are  too  many  pictures 
produced  every  year.  He  said  the  only 
reason  so  many  films  were  being 
turned  out  was  to  keep  open  the  small 
theatres. 

The  producer  hit  mass  production, 
stating  one  tpan  cannot  read  52  sto- 
ries a  vear  and  realize  their  true  mer- 
its. Neither  can  one  person  turn  out 
one  film  a  week,  he  added.  The  solu- 
tion is  for  a  director  to  make  about 
three  a  year  and  a  producer  about  six. 
He  sees  the  unit  idea  gaining  a  foot- 
hold in  the  studios  again  and  expects 
every  plant  to  be  working  tmder  this 
system  shortly.  He  also  said  this  plan 
would  eliminate  cycles  because  of  in- 
dividuality of  ideas. 

DeMille  is  against  overplaying  sex 
and  said  the  subject  should  be  given 
no  more  attention  in  films  than  one 
does  ordinarily  in  real  life.  FTe  urged 
variety  of  ideas  in  stories  and  limited 
outnut  bv  every  studio. 

He  said  he  had  not  read  the  code 
as  yet  and  was  in  no  position  to  rlis- 
russ  any  of  its  clauses.  He  has  just 
romfilefed  "Four  Frightened  People" 
and  leaves  for  the  coast  today  to 
start  "Cleopatra."  DeMille  nians  to 
make  three  a  year,  one  of  which  would 
he  made  on  a  small  production  scale. 


Censors  Seek  Jobs 

Hollywood,  Dec.  20.— Now 
that  the  censoring  of  all  pho- 
tographic stills  has  been 
centralized,  applications  have 
been  pouring  into  the  Hays 
office  fot  jobs.  One  letter 
stated  references  could  be 
had  from  Canon  Chase.  An- 
other stated  he  was  at  one 
time  Anthony  Comstock's 
right  hand  bower. 


Stanleu  Gets  Refund 

Washtn-oton.  Dec.  20. — Overas- 
sessmenfs  aegregatinc  $74,103  for 
1024  to  1928.  inclusive,  have  been 
credited  to  the  .Stanley  Co.  of 
America. 


Hutchinson  Tells 
Of  English  Buying 

Walter  J.  Hutchinson,  English  rep- 
resentative for  Fox,  is  quoted  in  Will 
Rogers'  column  in  the  Times  as  say- 
ing that  the  English  "just  stocked  up 
on  our  securities  during  all  these  low 
prices." 

Rogers  continues :  "There  is  a  real 
weather  vane.  There  is  nothing  with 
his  feet  on  the  ground  (and  so  much 
of  'em)  as  an  old  conservative  Eng- 
lishman. He  sees  further  than  our 
rich  men.  That's  why  they  arc  com- 
ing out  of  their  mess  ahead  of  us. 

"Another  thing,  too,  the  fellow  sit- 
ting ofif  looking  at  you  can  tell  better 
how  you  are  doing  and  what  your 
prospects   are   than   you   can   yourself. 

"Hutchinson  says  England  looks  on 
us  as  a  bad  boy  who  has  been  out  on 
a  toot  but  will  sober  up,  change  some 
of  his  ways  and  be  a  better  boy  for 
it." 

Hutchinson  is  eastbound  by  train 
and  will  spend  two  weeks  in  New 
York   before   leaving   for   London. 


Theatres  in) 
Germany  Gain, 
Reports  Showl 


Washington,  Dec.  20.— Germari 
theatres  have  begun  to  recover  from! 
the  extreme  low  point  reached  in  July 
when  the  transition  of  the  industry 
under  the  new  Hitler  government  was 
in  progress,  according  to  reports  from 
Trade  Commissioner  George  R.  Canty 
in  Berlin  to  the  Motion  Picture  Sec- 
tion of  the  Bureau  of  Foreign  and 
Domestic  Commerce. 

The  decline  in  28  of  the  larger  Ger- 
man cities,  according  to  the  reports 
had  been  in  progress  for  two  years  up 
to  and  including  July  and  the  tendency 
had  been  to  patronize  the  cheaper 
seats.  About  42  per  cent  of  all  pa- 
trons buy  seats  selling  for  about  22 
cents. 

During  the  July-September  quarter 
in  the  smaller  cities  with  populations 
approximating  20,000  the  seats  most 
favored  now  cost  from  24  to  32  cents, 
but  in  the  medium  sized  and  large 
cities  the  cheapest  seats  have  the  call. 

"Results  for  the  first  nine  months 
of  1933  indicate  that  the  German 
cinema  situation  has  passed  its  low 
ebb,"  the  Canty  report  states,  "and 
that  a  favorable  upward  trend  affect- 
ing attendance,  gross  receipts,  and  the 
average  price  of  admissions,  as  com- 
pared with  last  year,  is  apparent.  In 
view  of  the  world  depression,  this  is 
held  a  good  sign  of  improved  condi- 
tions in  Germany." 


/I 


Audio  Prod,  Series 
High  Class,  Restful 

Audio  Prod.,  Inc.,  Tuesday  screened 
the  first  five  of  its  "Musical  Moods" 
series  of  which  there  will  be  13  for 
distribution  probably  through  one  of 
the  major  distributors,  although  no 
deal  has  been  set  as  yet. 

The  subjects,  ranging  from  three 
and  one-half  minutes  to  nine,  were 
''By  the  Waters  of  the  Minnetonka," 
"fiance  of  the  Hours,"  "Ave  Maria," 
"Waltz  in  A  Flat  Minor"  and  "Hula 
Moon,"  and  were  very  well-handled. 

Designed  to  emphasize  the  place  of 
music  in  the  theatre  and  conceived 
with  that  objective  in  mind,  these  sub- 
jects went  pictorial  in  order  to  keep 
the  eye  from  wandering,  although  the 
car  listened  to  orchestral  and  organ 
music  and  accomplished  their  purpose 
thereby. 

The  .series  is  high-class,  restful  and 
deserves  a  break.  Detailed  reviews 
will  appear  later  in  Motion  Picture 
Daily. 


Warner  Calls  for  Variety 

Hollywood,  Dec.  20.— Variety  of 
theme  and  treatment  is  held  essential 
to  the  success  of  production  by  J.  T,. 
Warner,  vice-president  in  charge  of 
prrxluction  for  Warners. 

Becomes  Center  Dec.  22 

The  RKO  Roxy  officially  adopts  its 
new  name,  RKO  Center,  tomorrow, 
thereby  giving  the  Original  Roxy  ex- 
clusive use  of  the  title. 


Barrymore  Signed 

Hollywood,  Dec.  20.— John  Barry- 
more  has  been  signed  by  Columbia 
to   star   in   "Twentieth    Century" 


Three  Kansas  Houses 
Dark  in  Sunday  Row 

Manhattan,  Kan.,  Dec.  20.— This 
city's  three  theatres  have  gone  dark 
in  protest  against  city  officials'  op- 
position to  Sunday  shows  and  will 
remain  closed,  the  owners  say,  until 
Sunday    showings   are   permitted. 

In  a  special  election  on  the  issue 
recently  Sunday  films  lost  by  400 
votes.  Managers  insist  they  are  los- 
ing heavy  patronage  to  surrounding 
towns  which  are  permitted  to  open. 


Austria  Bans  M-G-M 
Because  of  'Reunion* 

Vienna,  Dec.  20. — The  Austrian 
government  today  declared  a  ban  on 
all  M-G-M  films  until  "Reunion  in 
Vienna"  is  withdrawn  from  exhibition 
throughout  the  world.  It  is  charged 
the  role  of  the  prince  played  by  John 
Barrymore  is  a  slur  upon  the  House 
of  Hapsburg. 


Radio  to  Hold  Howard 

Hollywood,  Dec.  20. — Warners' 
overtures  to  Radio  to  get  Leslie 
Howard  to  make  "British  Agent" 
before  he  does  "Human  Bondage"  for  j 
Radio  have  fallen  through.  Radio  is  ] 
holding  Howard  to  the  terms  of  his 
contract  calling  for  a  start  on  Jan.  S. 


Midwest  Loss  $19,486 

RKO  Midwest  Corp.,  operating 
RKO  houses  in  Cincinnati  and  Ohio 
and  controlled  by  RKO,  reports  a  loss 
of  119,486  for  the  three  months  end- 
ing March  31.  The  company's  loss 
for  1932  was  $41,545  as  against  a  net 
income  of  $285,745  in  1931. 


QUALITY 


47  HIGH  SPEED 


MOTION  PICTURE  HERALD  IS  A  FULL- 
GROWN  PUBLICATION  PRINTED  IN  NEVER 
LESS  THAN  TWO  COLORS,  AND  OFTEN 
MANY  MORE,  SERVING  THE  MOTION 
PICTURE  INDUSTRY  WITH  A  OUALITY 
MAGAZINE  DELIVERED  AT  NEWSPAPER 
SPEED.  .  .  THE  MERCHANDISING  IDEA 
CONCEIVED  ON  WEDNESDAY  MORNING  CAN  BE  DELIVERED 
IN  THE  PAGES  OF  MOTION  PICTURE  HERALD  ON  BROADWAY 
THURSDAY  AFTERNOON  .  .  AND  BY  SATURDAY  IT  HAS  REACHED 
EVERY  IMPORTANT  CUSTOMER  EAST  OF  A  LINE  DRAWN  DOWN 
THE  MAP  WEST  OF  MINNEAPOLIS  .  .  BY  MONDAY  MORNING 
THE  MOST  REMOTELY  LOCATED  SUBSCRIBER  HAS  THE  BOOK. 
.  .  IN  THIS  BUSINESS  WHERE  PLAYDATES  FLOW  BY  LIKE 
MIGRATING  BIRDS,  BOTH  THE  BUYER  AND  THE  SELLER  MUST 
SHOOT  FROM  THE  HIP.  IT  IS  AN  INDUSTRY  WHERE,  IF  YOU 
HAVE  TO  "STOP  TO  THINK,"  YOU  HAD  BETTER  NOT  THINK— 
BECAUSE  THE  TRAIN  HAS  GONE  I  EFFECTIVE  THINKING  IS 
DONE  ON  THE  RUN  SPEED  IS  THE  ESSENCE  OF  THE  JOB  AS 
THE  DAYS  RACE  BY  .  MOTION  PICTURE  HERALD,  OUALITY 
MEDIUM  OF  THE  INDUSTRY,  IS  GEARED  TO  THAT  SPEED, 
BUILT  AND  MANNED  TO  KEEP  THE  PACE  WITHOUT  EFFORT 

MOTION  PICTURE 

HERALD 


12 


MOTION  PICTURE 

DAILY 


Thursday,  December  21,   1933 


Expect  Early 
Start  by  All 
Code  Boards 


{Continued  from  page   1) 

day.  The  diairinaii  of  tlie  following 
meetings  will  be  elected  at  the  pre- 
vious sessions.  Kent  was  named  head 
man  for  tlie  Xau.  4  meeting,  place  un- 
decided as  yet  but  which  will  prob- 
ably be  set  before  tlie  next  gathering 
by  a  committee  composed  of  U'Keilly, 
H.  M.  Warner  and  R.  H.  Cochrane. 
Headquarters  in  all  probability  will  be 
in   Rockefeller   Center. 

Bareford  Acts  as  Secretary 

Harold  Bareford,  counsel  for  War- 
ners, acted  as  temporary  secretary  and 
spokesman  at  yesterday's  session.  A 
technical  error  in  the  printing  of  the 
code  was  corrected.  On  Page  247, 
Section  4,  the  words  Section  1  were 
changed  to  Section  2. 

The  session  was  called  to  order  at 
2:10  P.  M.  and  adjourned  at  4:50 
P.  M.  More  than  one  hour  and  a 
half  was  given  over  to  the  discussion 
of  a  permanent  chairman.  Major  rep- 
resentatives suggested  John  C.  Flinn, 
as  exclusively  mentioned  in  AIotion 
PicTLRE  Daily  yesterday,  with  inde- 
pendent representatives  protesting.  It 
was  finally  decided  to  let  a  committee 
consisting  of  Nicholas  M.  Schenck, 
Nathan  Yamins  and  George  J.  Schaef- 
er  handle  the  matter.  Their  decision 
will  be  unanimous  before  being  sub- 
mitted to  Code  Authority. 

When  asked  whether  other  names 
had  been  submitted  for  the  post,  Bare- 
ford refused  to  comment.  Rosenblatt 
referred  all  questions  on  the  subject 
to  the  official  spokesman,  but  it  is 
understood  no  other  name  came  up 
from  either  major  or  independent  men. 

Eddie  Cantor,  one  of  the  two  actors' 
representatives,  attended.  He  arrived 
10  minutes  after  the  session  had 
started  and  did  not  have  a  vote  in  the 
proceedings,  since  no  problems  relat- 
ing to  talent  were  on  the  tapis. 
Whether  Cantor  was  invited  was  a 
mystery  and  Bareford  would  not  com- 
ment other  than  to  say  he  was  a 
member  of  Code  Authority  and  had 
a  right  to  sit  in.  Marie  Dressier  was 
detained  in  Hollywood.  W.  C.  Michel, 
vice-president  of  Fox,  acted  as  alter- 
nate for  Kent 

Other  Committees  Named 

Other  committees  appointed  were  as 
follows : 

Rules  of  Code  Authority: — Johns- 
ton, M.  H.  Aylesworth  and  Ed  Kuy- 
kendall. 

Methods  of  financing  Code  Author- 
ity:— Kent,  Warner,  O'Reilly  and 
Yamins. 

Group  to  secure  signatures  of  as- 
sent of  code  : — J.  Robert  Rubin,  Kuy- 
kendall  and  Yamins. 

How  often  the  meetings  would  take 
place  was  not  discussed.  Neither  was 
the  absence  of  A.  Lawrence  Lowell, 
first  appointee  by  President  Roosevelt. 
Whether  the  next  meeting  would  find 
the  press  invited  did  not  come  up, 
but  it  is  understood  that  newspaper- 
men will  be  barred,  as  they  were  yes- 
terday. 

Attending  the  conclave  were  Ro- 
senblatt, Schenck,  Rubin,  who  will  act 
as  alternate  for  Schenck,  Warner, 
Cochrane,  Aylesworth,  Schaefer,  Mi- 


All  Can  Nominate 

Nominations  for  appoint- 
ments on  the  various  clear- 
ance and  zoning  and  griev- 
ance boards  can  be  made  by 
any  one  in  the  industry,  it 
was  revealed  yesterday.  Names 
must  be  sent  to  the  special 
committee  appointed  to  select 
the  boards.  The  deadline  is 
Jan.  4. 


cliel,  Johnston,  Kuykeiidall,  Bareford, 
Y'amins,   Cantor   and   O'Reilly. 

Anthony  Muto,  who  has  been  rep- 
resenting the  Hays  office  in  Washing- 
ton, visited  the  Bar  Association  Bldg. 
yesterday,  but  did  not  attend  the  closed 
conference. 

Rosenblatt  left  for  Washington  im- 
mediately after  the  meeting.  Kuyken- 
dall  returns  to  Columbus,  Miss.,  to- 
day and  Yamins  plans  to  stay  in  town 
for  several  days. 


Nizer  Analyzes  Code 
For  Selling  Staffs 

About  250  home  office  executives, 
branch  managers  and  personnel  of 
local  exchanges  yesterday  attended  a 
meeting  at  the  Edison  Hotel,  where 
Louis  Nizer,  secretary  of  the  Film 
Board,  gave  an  analysis  of  the  vari- 
ous sections  of  the  code,  including 
those  clauses  dealing  with  cancella- 
tions, grievance  and  zoning  and  clear- 
ance boards,  premiums,  two-for-one 
admissions,  the  advertising  section  as 
it  applies  to  subsequent  runs,  labor, 
selective  contracts  and  shorts  and  fea- 
tures. 

At  5 :45  it  was  decided  to  adjourn 
and  hold  another  meeting  to  complete 
the  analysis  some  time  next  week. 


Writers  Lack  16  in 
Vote  on  Their  Code 

Hollywood,  Dec.  20. — The  Writ- 
ers' Guild  lacks  16  votes  of  the  two- 
thirds  necessary  to  ratify  the  new 
code   of   ethics. 

Clause  12  limits  the  right  of  a 
member  to  sign  a  new  long  term 
contract,  Clause  13  covers  the  Guild 
board's  ability  to  declare  a  producer 
unfair  and  to  prevent  members  work- 
ing for  him  while  the  case  is  being 
heard,  and  Clause  14  requires  all 
members  to  file  copies  of  their  con- 
tracts with  the  secretary. 

Other  clauses  cover  relations 
between  producers  and  free-lance 
writers  and  create  rules  concerning 
work  with  non-Guild  members. 


Lowell  Resignation 
Hanging  in  the  Air 

{Continued  from  page  1) 

Stated  he  hadn't  heard  either  way  and 
that  the  matter  is  now  in  the  hands 
of  Administrator   Hugh   S.   Johnson. 

Lowell  was  not  present  at  the  first 
session  of  Code  Authority.  Rosen- 
blatt said  he  didn't  know  whether 
Lowell  would  attend  the  next  session 
on  Jan.  4. 


Switch  Delaware  Session 

Harkington,  Del.,  Dec.  20.— The 
Independent  M.  P.  Theatre  Owners' 
Ass'n  of  Delaware  and  the  Eastern 
Shore  of  Maryland  will  meet  here  to- 
morrow instead  of  at  Federalslnirg  or 
Salisbury,  Md.,  as  was  originally 
planned,  to  act  on  the  code. 


Denver  Men  Refuse 
Code  Endorsement 


{Continued   from   page    1) 

Huffman,  president,  heads  this  com- 
mittee. 

Sections  of  the  code  which  mem- 
bers feel  work  hardships  on  exhibi- 
tors or  cannot  be  put  into  effect  were 
discussed  at  length.  Some  members 
thought  the  code  too  severe  on  ex- 
hibitors in  certain  sections,  but  re- 
fused tcr  discuss  details.  No  record 
vote  of  the  vote  was  made,  as  it  was 
practically  unanimous.  Many  mem- 
bers expressed  a  desire  to  cooper- 
ate. 

Resolutions  were  adopted  condemn- 
ing Erpi's  service  charges  as  too  high 
Taxes  on  admissions  by  legislatures 
and  Congress  were  condemned  and  the 
latter  was  called  upon  to  repeal  the 
present  amusement  tax. 

Most  of  the  two-day  session  was 
given  over  to  code  discussions,  espe- 
cially those  sections  covering  rebates, 
prices  and  cut  rate  admissions. 

Most  of  the  officers  were  reelected. 
The  list  follows:  President,  Harry  E. 
Huffman;  first  vice-president,  Joe  E. 
Dekker;  second  vice-president,  E,  J. 
Schulte;  treasurer,  Gus  Kohn;  secre- 
tary and  counsel,  Emmett  Thurmon ; 
directors,  Huffman,  Dekker,  Mrs. 
Lee  Mote,  L.  J.  Finske,  Buzz  Briggs, 
Everett  Cole,  Schulte,  Harold  E. 
Rice,  Nathan  Salmon,  Thomas  Mur- 
phy, Kohn. 

Names  of  20  men  were  wired  to  the 
Code  Authority  in  New  York  as  nom- 
inees for  zoning,  clearance  and  griev- 
ance boards. 


Indiana  Exhibitors 
Do  Not  Act  on  Code 

Indianapolis,  Dec.  20.- — Associated 
Theatre  Owners  of  Indiana  adjourned 
their  annual  meeting  here  without  tak- 
ing action  on  the  code.  Plans  were 
discussed,  however,  for  holding  a 
regional  meeting  of  exhibitors  to  get 
their  reactions  on  clearance,  zoning 
and  admission  prices. 

Officers  elected  were :  President, 
S.  W.  Neal,  Kokomo ;  vice-President, 
Earl  Cunningham,  Indianapolis  ;  treas- 
urer, Harry  Marlkun,  Indianapolis ; 
secretary,  Mrs.  Helen  Keeler,  Indian- 
apolis ;  attorney  and  general  mana- 
ger, Charles  R.  Metzger,  Indianap- 
olis ;  directors,  V.  U.  Young,  Gary ; 
Roy  Harold,  Rushville;  W.  F.  Eas- 
ley,  Greenburg ;  A.  E.  Bennett,  Mun- 
cie ;  E.  L.  Miller,  Brazil ;  Oscar  Fine, 
Evansville;  James  Fushanes,  South 
Bend ;  R.  F.  Scherer,  Linton ;  H.  F. 
Vonderschmitt,  Bloomington ;  Frank 
Carey,  Lebanon ;  Maurice  Rubin, 
Michigan  City ;  Ross  Garver,  Terre 
Haute;  Alex  Manta,  Indiana  Harbor; 
R.  R.  Bair,  Indianapolis;  A.  C.  Zar- 
ing,  Indianapolis,  and  L.  B.  Goulden, 
Indianapolis. 

Yamins  States  N,  E. 
To  Act  by  Jan,  10 

Action  on  the  code  will  be  taken 
by  Independent  Exhibitors  of  New 
England  before  Jan.  10,  Nathan 
Yamins,  president  of  the  unit,  stated 
yesterday.  He  will  call  a  meeting  of 
about  200  members  early  next  month 
for  discussion  of  the  various  clauses. 

Last  Monday  the  unit  l:eard  Abram 
F.  Myers  give  an  analysis  of  the  code 
in  Boston.  It  is  expected  that  the 
members  will  approve  it.  Yamins  is 
a  member  of  Code  Authority  and  at- 
tended the   first  meeting  yesterday. 


Theatre  Help 
Union  to  Ask 
Wage  Raises 


Collective  bargaining  to  obtain  an 
increase  in  the  minimum  wage  scale 
prescribed  in  the  code  for  ushers,  door- 
men, janitors,  ticket  takers  and  cash- 
iers will  be  sought  early  in  January 
by  Local  118,  Building  Service  Em- 
ployes' Union,  the  newly  organized 
New  York  local  representing  those 
classifications  of  theatre  employes,  it 
was  learned  yesterday. 

The  move  to  obtain  wage  increases 
for  members  of  the  local  is  being 
hastened  by  New  York  circuits'  ac- 
tion in  reducing  wages  of  the  em- 
ployes concerned  to  the  minimums 
prescribed  in  the  code.  Since  the 
signing  of  the  code  by  the  President, 
the  $15  minimum  wage  in  effect  under 
the  President's  voluntary  reemploy- 
ment agreement  has  been  superseded 
by  the  code  scales  calling  for  a  mini- 
mum wage  of  25  cents  per  hour  for 
ushers  and  35  cents  per  hour  for  the 
other  classifications. 

Loew's,  Skouras,  RKO,  Frisch  & 
Rinzler  and  other  circuits  have  re- 
duced ushers'  wages  to  $10  per  week 
and  those  of  the  other  classifications 
to  $14  since  the  signing  of  the  code, 
it   was   ascertained  yesterday. 

The  membership  of  the  new  local, 
reputed  to  exceed  10,000  in  Greater 
New  York,  will  meet  the  first  week 
in  January  to  map  new  wage  scales 
which  will  be  used  as  the  basis  for 
collective  bargaining  with  circuit 
heads  later  in  the  month,  a  representa- 
tive of  Local  118  said  yesterday. 


Executive  Council 
Not  to  Affect  NRA 

Washington,  Dec.  20. — Consolida- 
tion under  the  National  Executive 
Council  of  the  Roper  recovery  and 
other  boards  will  have  little  or  no 
effect  upon  General  Hugh  S.  Johnson 
or  operations  of  the  National  Recov- 
ery Administration. 

The  transfer  of  these  boards  to  the 
executive  council,  it  was  explained  to- 
day, will  merely  prevent  duplication 
and  overlapping  of  effort.  The  mem- 
bership of  the  Roper  recovery  board, 
the  Public  Works  Board  and  the  ex- 
ecutive council  is  practically  the  same, 
it  was  said,  and  the  change  was  sug- 
gested when  it  was  found  that  the 
members  of  the  Roper  board  would 
meet  to  discuss  certain  subjects  and 
then  would  find  themselves  in  ses- 
sion as  the  executive  council  in  con- 
sideration of  the  same  matters. 

So  far  as  the  work  of  the  Recovery 
Administration  is  concerned,  there  will 
be  no  change,  for  some  time  to  come, 
at  least.  The  merging  of  the  several 
recovery  organizations  under  the  coun- 
cil  will  become  effective  Jan.   16. 


Maryland  Protests 
Non-Theatre  Shows 

Baltimore,  Dec.  20.— The  M.P.T.O. 
has  filed  a  protest  with  Deputy  Ad- 
ministrator Sol  A.  Rosenblatt  against 
M-G-M  and  Fox  for  the  alleged  serv- 
ing of  non-theatrical  accounts  in 
neighborhoods  where  theatres  are  lo- 
cated. 


The  Leading 

Daily     ^„„ 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


sh 


Alert, 
Intelligent 
and 

Faithfur 
Service  to' 
the  lndi£stry 
in  All 
Branches 


VOL.  34.    NO.  146 


NEW  YORK,  FRIDAY,  DECEMBER  22,  1933 


TEN  CENTS 


Employment 
At  '29  Level, 
Reports  Hays 


Tells   Ampa — Appeal 
Film  Daily  Drive 


on 


Expressing  his  confidence  in  the  fu- 
:ure  of  the  industry,  Will  H.  Hays 
;old  1,000  men  and  women  employed 
!n  the  industry  at  the  Ampa's  Christ- 
nas  luncheon  at  the  Astor  yesterday 
jmployment  in  the  business  had  re- 
turned to  its  1929  level,  which  he  gave 
IS   300,000. 

The  luncheon,  punctuated  by  several 
lumbers  from  Tommy  McLaughlin 
ind  Little  Jack  Little,  radio  singers, 
ind  Mario  Chamlee  of  the  Metropoli- 
an   Opera    as    well    as    by    music    by 

(Continued  on    page  7) 


mPPA  Worried  Over 
Increased  Negatives 

Hollywood.  Dec.  21. — The  LM. 
P. P. A.  met  yesterday  to  discuss  the 
:ode.  The  meeting  was  productive  of 
I  gloomy  outlook  for  the  future  with 
;he  prospect  of  added  production 
;osts.  It  was  regarded  as  problemati- 
:al  that  exhibitors  could  be  made  to 
neet  the  increase  when  they  were 
:harged  with  having  beaten  independ- 
ent playdates  "down  to  the  bone"  even 
)efore    the    code. 


Majestic  to  Produce 
Own  Films:  Gluckman 

Majestic  is  definitely  set  to  con- 
:inue  producing  its  own  pictures  in 
iddition  to  distributing  nationally 
hrough  its  franchise  holders,  Herman 
jluckman,    president,    said    yesterday. 

(Continued  on   page  7) 

Major  Product  Only 
From  Goldstone  Now 

Hollywood,     Dec.     21. — After     15 

rears.  Phil  Goldstone  is  retiring  from 

:he    independent    field    to    confine    his 

ictivities     to     films      in     the     higher 

(^Continued  on   page   8) 


Mental  Cross-Section 

Hollywood,  Dec.  21.— What 
does  a  fan  dancer  think  of 
while  the  fans  rise  and  fall? 

Sally  Rand's  favorite  line 
of  conversation  while  doing 
her  own  dance  is  this: 

"Now  you  do,  now  you 
don't." 


Publix  Sale 
To  New  Unit 
Wins  Consent 


Famous    Theatre    Corp. 
Gets  214  Houses 


Famous  Theatres  Corp.  replaced 
Publix  Enterprises,  Inc.,  as  an  im- 
portant integral  part  of  Paramount 
Publix  yesterday  when  it  acquired 
the  assets  of  Publix  Enterprises,  con- 
sisting of  214  theatres  in  various  sec- 
tions of  the  country,  for  $1,800,000. 
Approval  of  the  sale  was  given  by 
Referee  Henry  K.  Davis  when  no 
other  offer  to  purchase  all  or  'part  of 
the  Publix  Enterprises'  assets  was 
received.  A  recent  Federal  Court  ap- 
praisal of  the  properties  involved 
placed  their  value  at  slightly  in  excess 
of  $2,000,000. 

Purchase  of  the  assets  by  Famous 
Theatres  completes  the  reorganiza- 
tion    of     Publix     Enterprises,     which 

(.Continued  on  page  6) 


Michalove  in  New 
Paramount  Company 

Dan  Michalove,  former  Warner 
executive,  who  was  called  in  as  as- 
sistant to  the  Irving  Trust  Co.,  trus- 
tee in  bankruptcy  for  Publix  Enter- 
prises as  an  advisor  on  theatre  leases 
held   by  the  bankrupt,   will   also  con- 

(Continued  on  page  6) 


Disappointment 

Boris  Morros  is  experienc- 
ing his  biggest  thrill  in  years 
— 15  years,  to  be  exact.  His 
father,  Michael,  is  in  New 
York  from  Russia  and  Boris 
hasn't  seen  him  for  a  decade 
and  a  half. 

Coming  up  from  the  pier, 
fils  showed  pere  the  clock 
atop  of  the  Paramount  Build- 
ing and  remarked  he  was  in 
charge  of  the  big  theatre. 

"Your  brother  is  director 
of  the  Moscow  Opera.  Anoth- 
er is  a  bank  director;  a  third 
is  in  charge  of  the  Soviet  gold 
mines  and  a  fourth  is  a  pro- 
fessor. And  all  you  do  is 
manage  a  theatre,"  was  the 
elder  Morros'  judgment  on 
the  son. 


Story  Board  Will 
Work  with  Sheehan 

Hollywood,  Dec.  21. — Coincident 
with  the  return  of  Winfield  Sheehan  to 
his  old  command  on  the  Fox  lot,  a 
centralized  story  board  of  control  has 
been    set    up. 

Prior  to  his  departure  for  New 
(Continued  on  page  6) 


Lloyd  May  Transfer 
Distribution  to  Fox 

Hollywood,  Dec.  21. — Several  deals 
are  in  the  air  for  a  new  distribution 
arrangement  with  Harold  Lloyd,  with 
(Continued  on  page  6) 


Predicts  New  Sound  Era; 
Certain  on  Trade  Abroad 


By  JOHN   E.   OTTERSON 
President,  Erpi 

No  one  fact  stands  out  more 
clearly  through  this  business  de- 
pression than 
that  the  most 
important 
single  factor  in 
the  prosperity 
of  the  industry 
is  the  quality 
of  talking  pic- 
tures. In  this 
we  conceive 
the  quality  of 
sound  to  be  oi 
major  impor- 
tance and  it  is 
to  the  improve- 
ment in  the  quality  of  sound  that 

(Continued  on  page  2) 


By  JOHN  W.  HICKS,  Jr. 
Vice-Pres.,  Paramount  International 

What  1934  holds  for  the  Ameri- 
can film  industry  abroad  is  a  con- 
tinuation of 
that  grand 
old  axiom: 
''There's 
always  good 
b  u  s  i  n  ess  for 
good  motion 
pictures." 

There  always 
has  been  a 
power  of  truth 
in  this  motto, 
especially  dur- 
ing the  past 
few  years 
when  the  needs  of  the   film  world 

(Continued  on  page  2) 


Code  Groups 
To  Get  Busy 
Next  Week 


Six  Committees  to  Ready 
Plans  Before  Jan.  4 


Committees  of  the  Code  Authority, 
appointed  at  the  first  session  held 
Wednesday,  will  begin  functioning 
next  week,  when  members  of  the  six 
committees  are  expected  to  hold  ses- 
sions and  work  out  plans  for  rules 
of  Code  Authority,  methods  of  financ- 
ing, selection  of  a  permanent  secre- 
tary, securing  signatures  for  approval 
of  the  code  and  location  for  perma- 
nent headquarters. 

S.  R.  Kent,  who  was  appointed  to 
the  committee  on  methods  of  financ- 
ing Code  Authority  and  also  to  the 
committee  to  receive  recommenda- 
tions for  posts  on  local  clearance  and 
zoning  and  grievance  boards,  returns 
from  Hollywood  Sunday.  Ed  Kuy- 
kendall,  a  member  of  committees 
(Continued  on   page  7) 


Lowell  Turns  Down 
Post  on  Authority 

Dr.  A.  Lawrence  Lowell  has  offered 
his  resignation  as  a  member  of  the 
Code  Authority,  it  was  learned  yester- 
day. The  educator's  action,  foretold 
exclusively  in  Motion  Picture  Daily 
of  Tuesday,  is  said  to  be  motivated 
primarily  by  the  fact  that  as  a  gov- 
ernment member  he  has  no  vot- 
ing power  on  the  Authority. 

Dr.  Lowell  has  been  asked  to  re- 
consider and  it  is  understood  he  is 
(Continued  on  page  7) 


Signature  Forms  to 
Be  Ready  in  10  Days 

Printed  forms  for  signatures  ap- 
proving the  code  will  be  off  the 
presses  in  about  a  week  and  mailed 
by  Division  Administrator  Sol  A.  Ros- 
enblatt to  all  interests  identified  with 
the  business  in  10  days.  All  approvals 
must  reach  Washington  by  Jan.  10, 
deadline  set  for  those  wishing  to  be- 
come a  party  to  the  law. 


No  Paper  Monday 

Christmas  being  Monday, 
Motion  Picture  Daily,  there- 
fore, will  not  publish  on  that 
day. 


MOTION.  PICTURE 

DAILY 


Friday,  December  22,  19331 


MOTION  PICTURE 

DAILY 

(Rerstered  U.  S.  Patent  OBBce) 


Vol.    34 


December  22,    1933 


No.    146 


Majltin  QuiGi.iy 
EdiloT-in-Chirf  and  Publisher 

MAURICE   KANN 
Editor 
^<MI  JAMES  A.  CRON 

Advertising  Manager 


"M 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily.  Inc.,  sub- 
sidiary of  Quieley  Publications,  Inc., 
Martin  Quigley,  President;  Colvin  Brown, 
Vice-President  and  Treasurer. 

Publication  OfiSce:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quigpubco,  New  York."  All  con- 
tenU  copyrighted  1933  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.  .^      ^ 

Hollywod  Bureau:  Pacific  States  Life 
Building,  Vine  and  Yucca  Streets,  yictor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edwin  S.  Cliff w.i. 
manager;  London  Bureau:  1021  A  Fine!  iey 
Road,  Golders  Green,  Bernard  Chart,  , 
Representative;  Berlin  Bureau:  Berlin-»cm- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau;  Viale 
Gorizia,  Vittorio  Malpassuti.  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
AparUdo  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Milwaukee  1st  Run 
Goes  to  Weisfeldt 

Milwaukee,  Dec.  2L — E.  J.  Weis- 
feldt, formerly  with  the  Wisconsin 
here  as  stage  production  manager,  is 
back  to  take  over  management  of  the 
Riverside  for  the  newly  incorporated 
Riverside  Theatre  Operating  Co.,  in- 
corporators of  which  are  Thomas  E. 
Allen,  Robert  F.  Marty  and  Walter 
J.  Mattison.  The  Riverside,  operated 
since  July  1  by  A.  J.  Cooper,  goes 
dark  Dec.  25  and  will  reopen  Dec. 
30  under  new  managernent  with  a 
combination  stage  and  picture  policy. 
Weisfeldt  has  been  connected  with 
Publix  in  Detroit.  Dave  Miller's  band 
will  remain. 


Reunion  for  "Vienna" 

Differences  over  portions  of  "Re- 
union in  Vienna"  with  the  Austrian 
government  have  been  ironed  out  to 
the  satisfaction  of  all.  Mort  Spring, 
assistant  to  Arthur  Loew,  foreign 
head  of  M-G-M,  stated  yesterday. 
Spring  said  there  was  a  misunder- 
standing that  has  since  been  adjusted. 


Bachmann  in  Town 

J.  G.  Bachmann,  president  of  Pre- 
ferred Pictures,  is  in  town  from 
Hollywood  and  plans  to  be  here  sev- 
eral weeks.  While  in  New  York  he 
will  appoint  a  successor  to  the  late 
J.  H.  Goldberg,  who  was  general  sales 
manager. 


Trade  Showings  Changed 

A  change  of  dates  has  been  made  in 
the  national  trade  showings  of  "Gal- 
lant Lady"  and  "Moulin  Rouge"  by 
United  Artists.  The  first  will  be  pre- 
viewed Jan.  3,  the  other  Jan.  9. 


Predicts  New  Sound  Era; 
Certain  on  Trade  Abroad 


By  JOHN  E.  OTTERSON 

(.Continued  from  tape  1) 

we  shall  continue  to  address  our 
efiforts. 

In  spite  of  the  very  substantial 
advances  in  sound  recording  and 
reproduction  that  have  been  made  in 
the  last  year,  I  predict  that  even 
more  important  and  significant  im- 
provements are  in  prospect  and 
soon  to  be  realized.  In  this  im- 
provement the  industry  will  have 
an  asset  of  substantial  value  in  its 
effort  to  improve  the  quality  of  talk- 
ing pictures. 

By  JOHN  W.  HICKS,  Jr. 

(Continued  from  page  1) 

at  large  have  been  so  expertly  stud- 
ied from  the  production  department 
angle ;  and  in  this  highly  eventful 
year  immediately  ahead  of  us  I  am 
sure  that  we  will  have  our  rightful 
quota  of  internationally-appealing 
films  with  which  to  continue,  in  all 
countries,  the  axiom  that  "There's 
always  good  business  for  good  pic- 
tures." 


Cleveland  Exhibitors 
Re-elect  Schwartz 

Cleveland,  Dec.  21.  —  The  Cleve- 
land M.  P.  Exhibitors'  Ass'n  to- 
day unanimously  re-elected  Ernest 
Schwartz  president,  Albert  E.  Ptak 
vice-president,  and  John  Kalafat 
treasurer,  G.  W.  Erdmann,  secretary, 
was  elected  to  fill  the  expired  terms 
on  the  directorship  of  Meyer  Fischer, 
Morris  Berkowitz  and  M.  B.  Hor- 
witz. 

Small  exhibitors  met  to  list  the 
number  of  films  they  used  and  to  esti- 
mate the  cash  value  of  their  business. 
They  plan  to  present  this  figure  to 
distributors  to  show  they  are  entitled 
to  earlier  availability  as  against  so- 
called  unfair  independent  circuit  pro- 
tection. This  group  might  work  out  a 
combined  buying  plan,  but  it  is  finan- 
cially able  to  form  a  separate  organi- 
zation. These  exhibitors  include  D.  L. 
Schumann  of  the  Marvel ;  Sam 
Deutsch,  Sun ;  Sam  Barck,  Market 
Square ;  Kaplan  Brothers,  Arion, 
Superior  and  Crown ;  Frank  Gross, 
Cedar,  and  H.  Smith,  Ridge. 


"Brighter   Days" 

By  JACK  MILLER 

President,  Exhibitors'  Ass'n 

of  Chicago 

Chicago.  Dec.  21.  —  "Now 
that  the  industry  has  finally 
approved  the  code  and  will 
have  a  tribunal  before  which 
to  adjust  its  differences,  I  see 
brighter  days  for  the  future 
of  this  business  under  the 
'New  Deal.'" 


Dailies  Institute 
Advertising  Check 

Kansas  City,  Dec.  21. — Local  dail- 
ies are  taking  cognizance  of  the  move- 
ment to  clean  up  advertising  copy  and 
art  recently  launched  by  the  Hays 
office  and  have  instituted  censorship. 

While  theatre  managers  have  re- 
ceived instructions  on  objectionable 
copy  from  their  advertising  depart- 
ments, at  the  same  time  they  feel  that 
certain  pictures  offer  only  the  sex 
angle  for  box-office  appeal.  The 
newspapers,  however,  have  become 
highly  critical  of  copy  and  in  at 
least  two  recent  instances  managers 
have  been  compelled  to  rewrite  their 
ads  following  rejection. 

While  The  Star  is  content  to  keep 
the  matter  a  secret  from  its  readers, 
the  Journal-Post  has  discussed  the- 
atre copy  in  its  columns,  and  in  one 
case,  went  so  far  as  to  criticize  what 
it  considered  an  objectionable  blurb 
on  a  first-run's  marquee. 

Stage  presentations  come  within  the 
purview  of  the  newspaper's  censors. 
Where  the  managers  feel  there  will  be 
some  doubt,  they  submit  copy  and  art 
as  early  as  a  month  in  advance. 


Dietz  West  Sunday 

Howard  Dietz  shoves  off  for  Holly- 
wood Sunday  on  general  M-G-M 
business  and  the  specific  business  of 
taking  a  look  at  "Hollywood  Party" 
on  which  he  worked  for  several 
months.  He'll  be  eating  his  Christ- 
mas turkey,  served  a  la  The  Chief 
somewhere  between  Chicago  and  Kan- 
sas City  Monday.  He'll  be  gone  sev- 
eral weeks. 


Trading  Heavy  in  Eastman  Pfd 

Net 

High      Low      Close  Cheuige 

Consolidated     Film     Industries 3%  3  3  

Tonsolidatcd    Film    Industries,    pfd 11}4        W/i        WA  —H 

Eastman    Kodak    79  78  78'/J  +  H 

F.astman     Kodak,    pfd 125  124  124'/^  —  % 

Fox     Film     "A" 12J4        12.>4        12}^  —^ 

Kcith-Albee-Orpheum,   pfd 15  15  15  

Loew's,   Inc 29  28  29  +'4 

Paramount   Publix   VA  \yi  lyi  —  % 

Pathe   Exchange   m         M         ^H  +  H 

Pathc    Exchange    "A" 10'/2         95^        10  -f  M 

RKO    2'A         2  2  —'A 

Warner  Bros S%         m         4^  —  t/g 

Loew  Bonds  Jump  2% 

Net 

(Hii^h      Low      Close  Change 

General  Theatre   Equipment  6s  '40 2^         2<4         2%  —  Vf. 

General    Theatre    Equipment   6s    '40,    ctf 2^  V/a,  ^  —% 

Keith    B.    F.   6s   '46 50  50  SO  —VA 

Ixjew's    6s    '41,    WW    deb    rights 827^        827^        82?^  +2'A 

Paramount   F.    L.   6s   '47 2754        27?4       27^4  +^ 

Paramount    Publix    5^s    'SO 2954        2»'A        29J4  -f  'A 

Warner  Bros.  68  '39.   wd 3954       39  39  


Sales 

300 
3,600 
1,400 
50,000 

300 

200 
1.500 
1,400 
6,800 
4,900 

200 
3,000 


Sales 

4 


i  Purely 
Personal  ► 

BEN  BERNIE  left  for  Miami  last 
night,  where  he  will  vacation 
until  starting  for  Hollywood  for  his 
featured  role  in  "The  Great  Magoo," 
from  the  stage  play  by  Ben  Hecht 
and  Gene  Fowler. 

Jack  Cohn  and  his  family  sail  on 
the  Roma  tomorrow  night  for  a  Christ- 
mas and  New  Year's  holiday  in 
Caribbean  waters.  Yesterday  he  tried 
to  persuade  Herman  Robbins  to  join 
him.    No  luck. 

Francis  Edwards  Faragoh,  writer ; 
Edward  H.  Griffith,  director,  and 
Charles  (Buddy)  Rogers  have  ar- 
rived at  the  Warwick.  Rogers  joined 
his  mother  there. 

Mort  Blumenstock  has  joined  the 
legion  of  Kentucky  colonels,  if  for 
no  other  reason  than  to  show  Moe 
Silver  he  can  get  that  way,  too. 

Molly  Picon  leaves  today  for  the 
Coast  on  the  Santa  Rosa.  On  the 
same  liner  will  be  Mrs.  Leo  Carrillo 
and  her  daughter. 

Yascha  Bunchuk,  who  has  been 
on  a  concert  tour,  will  conduct  the 
Capitol  orchestra  beginning  today. 

Leslie  Howard  arrived  in  town 
from  England  yesterday  on  the  Em- 
press of  Britain,  on  his  way  to  the 
coast. 

Ruby  Keeler,  Dick  Powell,  Ster- 
ling HoLLowAY  and  Hugh  Herbert 
were  on  the  air  with  Rudy  Vallee  on 
the  Fleischman  Hour  last  night. 

Kay  Francis  is  scheduled  to  broad- 
cast on  the  Ipana  program  next 
Wednesday  night. 

John  Meehan,  auditor  for  Amity 
Pictures,  is  back  from  a  tour  of  west- 
ern exchanges. 

Elizabeth  Lonergan  is  in  Holly- 
wood to  spend  the  holidays  with  her 
brother,  Phil.    It  was  a  plane  ride. 

Tim  McCoy  plans  to  spend  the  holi- 
days in  New  York,  returning  to  the 
coast  after  the  first  of  the  year. 

Guy  Morgan,  U.  A.  head  in  the 
Argentine,  has  returned  to  his  head- 
quarters  after   several   weeks  here. 

Les  Kaufman  is  the  daddy  of  a 
six  pound,  six  ounce  boy.  The  Kauf- 
mans are  in  St.  Louis. 

Irving  Lesser  has  booked  "Son  of 
Kong"  into  the  7th  Ave.  Roxy  start- 
ing   Dec.   29. 

William  Wyler  left  for  Holly- 
wood yesterday  to  resume  work  at 
Universal. 

Josef  Berne,  director  of  "Black 
Dawn,"   is  in  town. 

William  D.  Shapiro  has  gone  to 
Boston  for  a  few  days. 


Moley  S.  &  C.  Executive 

Al  Moley,  formerly  an  independent 
bookinff  agent,  is*  now  general  man- 
ager of  the  Springer  and  Cocalis  cir- 
cuit. 


/ULETIDE    NEWS 
IN    PHOTO-RE 


SANTA  GLAUS  CONVENTION  at  'Convention  City'  premiere  features  tre- 
mendous N.  Y.  Strand  campaign  for  Warners'  10-comic  'Grand  Hotel  of  fun'/ 


,  XMAS  CHEER  FOR 
/ARNERS  by  M.  P.  Herald 
dual  'Champion'  award  to 
•"ootlight  Parade'  and  'Ken- 
el  Murder  Case'  based  on 
ation-wide  survey  of  top 
ovember  grossers. 


HAPPY  1934  forecast  for  Genevieve 
Tobin  as  advance  views  bring  raves  for 
her  role  with  Menjou  in  'Easy  To  Love', 
coming   laugh   ace  from  Warner  Bros. 


'SEASON'S  GREET- 
INGS—and  I'll  see 
you  in  'Fashions  of 
1934",  says  Bette 
Davis,  opposite 
WiUiam  Powell  in 
Warner  special 
now  in  studio 
cutting  room. 


•a  Earner  Bros.  Picture    °A  Firsi  National  Picfure    Vilagraph,  Inc.,  Distributors 


'''""'.,Yes'.Co'»«°"' 


^feS«^*^^ 


\i\ 


WORLD   PREMIERE 
TONITE  AT  N.Y.  STRAND 

with 
JOAN  BLONDELL 
ADOLPHE  MENJOU 
DICK  POWELL 
MARY  ASTOR 
GUY  KIBBEE 
FRANK  McHUGH 
PATRICIA  ELLIS 
RUTH  DONNELLY 
HUGH     HERBERT 

SHEILA     TERRY 

Directed  by 

ARCHIE    MAYO 


MOTION  PICTURE 

DAILY 


Friday,  December  22,  1933 


Publix  Sale  to  New 
Unit  Wins  Consent 


(Continued  from  Page  1) 
went  into  voluntary  bankruptcy  last 
Jan.  27.  Following  final  settlement  of 
a  number  of  claims  filed  against  Pub- 
lix Enterprises  by  creditors  the  com- 
pany will  be  formally  discharged  from 
bankruptcy  and  will  cease  to  exist. 

Under  the  terms  of  the  sale  Famous 
Theatres,  a  recently  created  and 
whoUy-ow-ned  subsidiary  of  Para- 
mount Publix,  pays  $240,000  in  cash 
on  the  purchase  price.  Out  of  this 
amount,  expenses  for  administration 
during  its  11  months  in  bankruptcy 
will  be  paid.  The  remaining  $1,560,000 
will  be  paid  through  an  adjustment 
of  monies  owed  to  Paramount  Publix 
and  subsidiaries  by  Publix  Enter- 
prises. These  aggregate  more  than 
$4,000,000,  and  will  be  applied  on  the 
balance  of  the  purchase  price  on  the 
basis  of  either  35  cents  on  the  dollar, 
to  be  paid  in  five-year,  five  per  cent 
notes  of  Famous  Theatres,  or  by  the 
exchange  of  one  share  of  preferred 
stock  of  Famous  for  each  $200  of 
claims. 

So  closely  held  inside  of  Paramount 
are  the  assets  of  Publix  Enterprises 
that  attorneys  for  the  Paramount 
Publix  trustees  in  bankruptcy  have 
stated  that  "between  97  and  98  per 
cent"  of  the  money  represented  by  the 
purchase  price  "will  revert  to  the 
control  of  the  Paramount  Publix  trus- 
tees." 

J.  Frank  Freeman,  former  general 
manager  for  S.  A.  Lynch's  Southern 
Enterprises,  is  president  of  Famous 
Theatres.  Publix  Enterprises  orig- 
inally was  Southern  Enterprises,  and 
was  acquired  from  Lynch  by  Para- 
mount several  years  ago.  Lynch  was 
called  in  following  the  bankruptcy  of 
the  theatre  organization  to  direct  re- 
organization of  the  properties.  He 
will  continue  as  a  director  and  execu- 
tive officer  of  Famous  Theatres,  and 
receives  2,500  shares  of  the  new  corn- 
pay's  total  preferred  of  8,525  shares. 
In  addition,  he  receives  a  $50,000  one- 
year  six  per  cent  note  of  Famous 
Theatres  for  his  services  in  the  reor- 
ganization   work. 


Michalove  in  New 
Paramount  Company 

(Continued  from  tage  1) 
tinue  with  Famous  Theatres  in  an 
active  executive  capacity,  it  became 
known  yesterday  when  Referee  Henry 
K.  Davis  approved  sale  of  Publix  En- 
terprises' assets  to  the  recently  formed 
company.  Michalove  at  present,  is  an 
assistant  to  S.  R.  Kent,  president  of 
Fox. 

Whether  this  presages  any  change 
in  his  Fox  association  could  not  be 
learned  yesterday.  Michalove  could 
not  be  reached  for  a  statement. 


Schaefer  Denies 

George  J.  Schaefer,  general  mana- 
ger of  Paramount,  yesterday  denied 
his  company  will  distribute  "Drums 
of  the  Night,"  produced  in  Jamaica 
by  William  Saal,  as  reported  in  Mo- 
tion PicTimE  Daily. 


Delay  Para.  Meet 

A  Paramount  Publix  creditors' 
meeting  scheduled  for  yesterday  be- 
fore Referee  Henry  K.  Davis  was 
postponed   until   today. 


Disport  and  Make  Hoopla  at 
Round  Table  'Get-Together' 


A  floor  show,  including  over  30 
headline  radio  and  stage  acts  under 
supervision  of  Lew  Preston,  featured 
the  Christmas  "get-together"  of  the 
Managers'  Round  Table  Club  of  Mo-. 
tion  Picture  Herald  at  the  Brass  Rail 
Restaurant  last  night. 

The  party  started  at  midnight  and 
then  ran  on  with  an  address  of  wel- 
come by  A-Mike  Vogel,  chairman, 
and  presentation  of  the  guests  of 
honor  from  all  branches  of  the  indus- 
try. A  buffet  supper  followed,  during 
which  a  musical  presentatioji  was  put 
on  by  the  Academy  of  Music  orches- 
tra under  the  leadership  of  Joe 
Gershenson. 

Among  the  acts  that  showed  their 
wares  were  Valaida  Snow,  Berry 
Bros.,  Buddy  Ralph,  Roy  Benson, 
Beth  Chalis,  Eddie  Miller,  Hal 
Young,  William  O'Neill,  Jesse  "Lazy 
Bone"  Crier,  Three  Long  Brothers; 
Rich,  Kaye  &  Eva ;  Charles  Chaze, 
Mel  Klee,  Jack  Arthur,  Ben  Alley, 
Roy  Smeck,  Michael  the  Accordion; 
Ronnie,  Van  &  Chapman;  Gene  Aus- 
tin, Roy  Sax,  Lester  Allen;  Mario  & 
Lazaren ;  The  Sunshine ;  The  Inter- 
fering Waiters,  Apple  &  Teller,  and 
many  others. 

In  attendance  were  large  delega- 
tions from  the  Randforce,  Skouras, 
Warner  and  RKO  local  circuits,  as 
well  as  groups  from  metropolitan  and 
independent  New  Jersey,  Connecticut 
and  Long  Island  theatres.  The  follow- 
ing were  some  of  those  present : 

Maurty  Ashmann,  the  Capitol,  Brooklyn; 
Murray  Alper,  the  Commodore,  Brookl.vn; 
Sam  Alster,  the  Kinema,  Brooklyn;  Rubin 
Abrams,  Frisch  &  Rinzler,  Brooklyn;  H. 
Artz,  Lefferts,  Brooklyn;  Mac  Alster,  Cross 
Bay,  Brooklyn;  Nat  AUentuck,  Belmont. 
Bronx;  E.  J.  Burke,  Roxy,  New  York; 
Paul  Binstock,  Republic,  Brooklyn;  Irving 
Berman.  Meserole,  Brooklyn;  Joe  Bern- 
hardt, Stadium,  Brooklyn;  Billings  Booth, 
Jefferson,  Springfield,  Mass.;  M.  J.  Baranco, 
Audubon,  New  York;  S.  Backalish,  Lefferts, 
Brooklyn;  J.  Baker,  Carroll,  Brooklyn; 
William  Brown,  Marboro,  Brooklyn;  H. 
Barend,  Marboro,  Brooklyn;  M.  Bundt, 
Marboro,  Brooklyn;  E.  S.  C.  Coppock, 
Paramount,  Stapleton;  B.  Cable;  M.  Cower- 
ling,  Blenheim,  Bronx;  J.  Castorino,  Lef- 
ferts, Brooklyn;  George  Davis,  Stadium, 
Brooklyn;  W.  J.  Daly,  Japanese  Gardens, 
New  York;  M.  Decker,  Stratford,  Brook- 
lyn; A.  DeSimone,  Marboro,  Brooklyn; 
Gerald  Evans,  Rialto,  Brooklyn;  M.  Ep- 
stein, Culver,   Brooklyn;   Ira   Escha;   Harold 


Funk;  L.  Fishkin,  Alba,  Brooklyn;  Ben 
Friedman,  Lefferts,  Brooklyn;  Hyman 
Greenberg,  Sumner,  Brooklyn;  E.  W. 
Gould,  Costello,  New  York;  Walter  Gold- 
stein, Ambassador,  Brooklyn;  G.  Greiger, 
Glenwood,  Brooklyn;  B.  Goodman,  Mar- 
boro, Brooklyn;  C.  Godfrey,  Crotona, 
Brooklyn;  Joe  Herman,  Embassy,  Brook- 
lyn; Arthur  Haas,  Lefferts,  Brooklyn; 
Ted  Hodes,  Roosevelt,  Jamaica;  B.  Hand- 
ler, Riviera.  Brooklyn;  L.  Hornzeich, 
Riviera,  Brooklyn;  Seymour  Jonas,  Kismet, 
Brooklyn;  Morris  Kinzler,  Roxy,  New 
York;  Stanley  Kolbert,  Park,  Brooklyn; 
Wesley  Kent;  Dave  Julian,  Embassy, 
Brooklyn;  J.  B.  Kimmis,  Audubon,  New 
York;  J.  La  Barbara,  Meserole,  Brooklyn; 
B.  Levinson,  Alba,  Brooklyn;  Sidney  Lar- 
schan.  Park,  Brooklyn;  Charles  Larschan, 
Park,  Brooklyn;  Howard  Marcovie,  Will- 
iamsburg Playhouse,  Brooklyn;  Nick 
Mann,  Skouras,  New  York ;  C.  S.  Michel- 
son  ;  C.  Maloney,  Marcy,  Brooklyn ;  Nick 
Massaro,  Lefferts,  Brooklyn;  E.  McGraw, 
Academy,  Brooklyn;  L.  McGary,  Nemo, 
New  York;  J.  Mascosi,  Carroll,  Brooklyn; 
J.  Meyer,  Marboro,  Brooklyn;  Ben  Ostrow, 
Academy  of  Music,  New  York;  Lou  Pres- 
ton, Academy  of  Music,  New  York;  A. 
Perlmutter,  Lefferts,  Brooklyn;  J.  Pincus, 
Maspeth,  Maspeth;  Dave  Rosen,  Embassyj 
Brooklyn;  Joe  Rinzler,  Biltmore,  Brooklyn; 
Dan  Ru..ne,  Meridian,  Brooklyn;  Ben  Reis- 
ner,  Carroll,  Brooklyn;  M.  Reisner,  Clar- 
idge,  Brooklyn;  J.  Reisner,  Marboro,  Brook- 
lyn; B.  Snider,  Master  Art,  New  York;  A. 
Senft,  Sterling  Sign  Co.,  New  York;  Jos_. 
Salmon,  Riverside,  New  York;  C.  Stein- 
man;  Geo.  Stoves,  Republic,  Brooklyn;  L. 
Somers,  Commodore,  Brooklyn;  B.  Shitzer, 
Marcy,  Brooklyn;  Louis  Schnitzer,  Am- 
bassador, Brooklyn;  Chas.  Silver,  Lefferts, 
Brooklyn;  Leo  Silverstein,  Lefferts,  Brook- 
lyn; A.  Scott,  Roosevelt,  Jamaica;  Harry 
Schwartz,  Master  Art,  New  York;  Z.  Sav- 
age, Carroll,  Brooklyn;  A.  Strandt,  Clar- 
idge,  Brooklyn;  L.  Steinmetz,  Highway, 
Brooklyn;  B.  Tarney,  Riviera,  Brooklyn; 
H.  Trauman,  Blendheim,  Bronx;  L.  Var- 
nelle.  Highway,  Brooklyn;  S.  Ward,  Lef- 
ferts, Brooklyn;  J.  Ward,  Lefferts,  Brook- 
lyn, and  Sid  Mimmerman,  Embassy,  Brook- 
lyn. 

According  to  Vogel,  another  "get- 
together"  to  which  the  members  may 
bring  their  wives  is  under  way  for 
February.    It  will  be  a  dinner-dance. 


M-G-M  Holds  Party 

The  M-G-M  New  York  Exchange 
Pep  Club  last  night  held  a  Christmas 
party  at  the  Victoria.  Max  Baer  head- 
lined the  entertainment.  Performers 
from  the  Capitol  also  entertained. 


Chateau  Heads  Union 

New  Orleans,  Dec.  21. — Arthur 
Chateau  again  heads  the  projection- 
ists' union  here. 


His  Last  Round'Up 


Just  so  the  folks  back  in  those  Hollywood  hills  won't  be  able 
to  yell   "piker,"  the   co-conspirators   planning   a   bachelor  dinner 

for  Mervyn  Le  Roy  at  the  Astor  next 
Thursday  evening  have  lined  up  not 
one  master  of  ceremonies,  but  eight 
to  explain  the  facts  of  life  to  Mervyn 
who  takes  the  leap,  hand  in  hand 
with  Doris  Warner,  only  daughter 
of  H.  M.  Warner,  on  Jan.  4. 

The  Four  Marxmen,  probably  draft- 
ing Gummo  now  that  Harpo  is  in 
Moscow,  may  be  first.  When  they 
finish  with  Le  Roy,  he  will  be  turned 
over — as  gently  as  possible — to  Eddie 
Cantor;  then  to  Jack  Pearl  to  Jack 
Benny  to  Georgie  Jessel  and,  finally, 
to  Bert  Lahr  who  will  be  mascot  of 
ceremonies  for  the  evening. 

About  150  well-known  film  men  will 
attend,  all  for  the  purpose  of  giving 
Le  Roy  something  to  remember  them 
by. 


Story  Board  WiU 
Work  with  Sheehan 


(Continued  from  page  1) 
York,  S.  R.  Kent  spoke  of  the  devel- 
opment in  the  following  statement: 

"To  insure  the  best  in  story  mate- 
rial, the  Fox  studio  has  set  up  a  cen- 
tralized board  of  control  for  all  story 
material  to  be  produced  into  pictures 
on  the  lot.  This  board  control  con- 
sists of  three :  the  producer  who  will 
make  the  picture,  also  Winfield  Shee- 
han in  all  cases,  and  another  produc- 
ing executive.  This  producing  execu- 
tive may  be  the  story  head,  another 
associate  producer  or  an  executive  with 
a  particular  knowledge  regarding  the 
definite  story  in  question.  This  board 
of  three  with  Mr.  Sheehan  as  chair- 
man has  the  final  say  in  the  selection 
and  approval  of  stories. 

"Ray  Long  and  Fred  Collins  have 
roving  commissions,  ferreting  out 
story  material,  visiting  authors  and 
traveling  where  they  believe  story 
material   may  be  found." 

These  are  the  highlights  of  what 
Kent  told  Fox  producers  when  the 
change  was  made. 


Lloyd  May  Transfer 
Distribution  to  Fox 

(Continued  from  page  1) 
the  probabilities  that  it  will  be  Fox, 
although  no  contracts  have  been  signed 
as  yet. 

It  is  understood  the  new  arrange- 
ment will  go  into  effect  after  the  first 
of  the  year.  Lloyd  now  releases  via 
Paramount. 


Sten  in  "Resurrection" 

Hollywood,  Dec.  21. — Anna  Sten's 
second  for  Samuel  Goldwyn  will  be 
based  on  Leo  Tolstoy's  "Resurrec- 
tion" with  Fredric  March  playing 
opposite.  After  that,  she  will  do  "Bar- 
bary  Coast." 


"Resurrection"  has  already  been 
filmed  three  times.  Paramount  re- 
leased its  version  in  1918;  Dolores 
Del  Rio  appeared  in  the  novel  pro- 
duced by  Edwin  Carewe  for  United 
Artists  in  1927  and  Universal  had  one 
in  1931. 


Criterion  on  "Grind" 

An  indefinite  term  lease  on  the  Cri- 
terion has  been  taken  by  Krimsky  & 
Cochran,  who  will  reopen  their  own 
production,  "The  Emperor  Jones,"  at 
the  house  tomorrow.  The  picture  will 
play  a  grind  schedule  at  popular 
prices,  with  an  evening  top  of  75  cents. 
It  is  expected  to  run  three  or  four 
weeks.  Krimsky  &  Cochran  are  now 
looking  for  a  feature  to  follow  it. 


Postpone  Star  Team 

Hollywood,  Dec.  21. — Warners'  co- 
starring  plans  for  Dick  Powell  and 
Ruby  Keeler  have  been  deferred  until 
after  completion  of  "Lady  of  Ro- 
mance" in  which  Powell  will  have 
"Ginger"  Rogers  opposite.  Ray  En- 
right  will  direct. 


Paramount  Buys  Two 

Paramount  has  acquired  screen 
rights  to  "Fifty-Two  Weeks  for 
Florette,"  a  story  by  Elizabeth  Alex- 
ander Heermann,  and  "Cosmetic,"  a 
play  by  Bekeffi,  Hungarian  author  and 
playwright. 


Friday,  December  22,   1933 


MOTION  PICTURE 

DAILY 


Code  Groups 
To  Get  Busy 
Next  Week 


(Continued  from  faae  1) 
dealing  with  rules  of  Code  Authority 
and  securing  signatures  for  approval 
of  the  code,  left  for  Columbus,  Miss., 
yesterday.  He  is  expected  back  next 
week. 

All  committees  are  expected  to  sub- 
mit plans  for  approval  of  the  Code 
Authority  at  the  next  session,  Jan.  4. 
The  meeting  in  all  probability  will 
take  place  at  the  Bar  Association 
Bldg.,  since  permanent  headquarters 
will  not  be  approved  by  that  time. 


Lowell  Turns  Down 
Post  on  Authority 

(Continued  from   page   1) 

SO  doing.  Motion  Picture  Daily 
learns  from  an  inside  source  that  he 
is  expected  to  definitely  accept  the 
post  on   the   Authority. 


Washington,  Dec.  21. — Washing- 
ton tonight  was  without  formal  no- 
tification of  the  resignation  of  Dr. 
A.  Lawrence  Lowell.  At  the  White 
House  it  was  said  no  notification  had 
been  received  and  that  the  President 
had  no  information  regarding  the  re- 
fusal of  Lowell  to  accept  the  position 
to  which  he  personally  named  him. 
At  the  Recovery  Administration  it 
was  said  a  letter  had  been  received 
from  Lowell  expressing  some  doubt  as 
to  whether  he  could  serve  and  that 
General  Johnson  had  replied  to  it, 
since  which  time  nothing  further  had 
been    heard. 

The  resignation  of  Lowell  leaves 
Division  Administrator  Sol  A.  Ro- 
senblatt as  the  only  government  rep- 
resentative on  the  Code  Authority,  but 
it  was  explained  that  this  will  offer 
no  interruption  to  the  work  of  the 
group,  since  Rosenblatt  will  be  in 
close  touch  with  its  activities  at  all 
times. 

Appointment  of  other  government 
representatives  on  the  code  commit- 
tee is  not  expected  to  be  announced 
until  around  the  first  of  the  year. 


Local  Independents 
Defer  Code  Hearing 

Meeting  of  local  independents  for 
a  discussion  of  the  cqde  has  been 
deferred  until  January,  at  which  time 
Division  Administrator  Sol  A.  Rosen- 
blatt will  answer  all  questions  per- 
taining to  any  of  the  clauses.  It  was 
originally  intended  to  hold  the  meet- 
ing following  the  first  get-togetVier 
of  Code  Authority,  but  because  of  the 
holidays,  the  plan  was  dropped.  The 
T.O. C.C.  some  time  ago  signed  the 
code.  President  Charles  L.  O'Reilly 
is  a  member  of  Code  Authority. 


Reach  Deadlock  on 
Minneapolis  Labor 

Minneapolis,  Dec.  21.  —  After  a 
three-day  session,  the  Allied  labor 
committee  and  Twin  City  operators 
failed  to  get  together  on  code  wages 
and  will  let  the  matter  go  to  arbitra- 
tion. 


Highlights  of  Ampa  Party 

Eddie  Cantor  alternately  waxed  humorous  and  serious  at  the 
Ampa  Christmas  party  at  the  Aster  yesterday  where  strong  ap- 
peals were  made  to  support  The  Film  Daily  Relief  Fund. 

"Having  heard  Mr.  Chamlee  sing,  I  now  know  what's  wrong 
with  Georgie  Jessel,"  said  the  comedian,  who  described  the  opera 
star  as  one  of  the  few  American-born  singers  who  broke  into  the 
operatic    field    without    smelling    of    garlic. 

"I've  spoken  at  so  many  luncheons  lately  that  every  time  I  pass 
a  restaurant  and  see  a  grapefruit  in  the  window  I  start  saying: 
'Dear  Mr.  Toastmaster.'" 

Cantor  took  a  good-natured  poke  at  Chase  and  Sanborn  coffee  and 
said  the  answer  to  what  happened  to  the  C.  &  S.  product  when  the 
date  ran  out  was  simple.    "They  call  it  Maxwell,"  he  declared. 

"When  you're  not  on  the  receiving  end,  you  should  be  on  the 
giving  end,"  added  Cantor.  "There's  nothing  like  the  pleasure  of 
giving.  I  spoke  in  Los  Angeles  for  the  Community  Chest  recently 
and,  believe  it  or  not,  many  people  thought  the  community  chest 
referred  to  the  upper  part  of  Mae  West." 


KMTA  Moves  to  Aid 
Start  of  Code  Work 

Kansas  City,  Dec.  21. — Taking  the 
leadership  in  this  territory  vvith  re- 
spect to  the  relation  of  exhibitors  to 
the  code,  the  Kansas-Missouri  The- 
atre Ass'n.  is  planning  to  acquaint 
them  with   code  provisions. 

Sol  A.  Rosenblatt,  division  admin- 
istrator, may  be  invited  to  Kansas  City 
to  address  a  meeting  of  the  associa- 
tion's members  or  a  mass  meeting  un- 
der auspices  of  the  association.  The 
meeting  is  planned  to  clarify  points, 
about  which  there  may  be  some  doubt 
or  misunderstanding. 

The  association  is  mapping  definite 
plans  for  participation  in  the  code  ad- 
ministration in  this  territory.  A  re- 
cent questionnaire  sent  out  by  the  or- 
ganization showed  a  majority  of  ex- 
hibitors outside  of  Kansas  City  were 
in  favor  of  giving  its  board  of  direc- 
tors "full  and  complete  power"  to  deal 
with  trade  problems  and  practices  in 
Kansas  and  western   Missouri. 


Bernhard  Talks  Code 
To  Warner  Managers 

Assurance  that  his  company  in- 
tended to  abide  by  the  code  to  the  let- 
ter was  given  by  Joseph  Bernhard, 
managing  director  of  Warner  the- 
atres, at  a  conference  with  Warner 
zone  managers  at  the  home  office. 
Bernhard  said  Warners  would  be 
guided  by  the  intention  of  fair  trade 
practices  in  every  situation. 

Zone  managers  present  were :  James 
Coston,  Chicago ;  Nat  Wolfe,  Cleve- 
land;  B.  E.  Hoffman,  New  Haven; 
Don  Jacocks,  Newark ;  George  Heng- 
er,  Oklahoma  City;  Leon  Schlesinger, 
Philadelphia;  Harry  Kalmine,  Pitts- 
burgh; J.  J.  Payette,  Washington, 
D.  C. ;  David  Weshner,  Milwaukee, 
and  Leto  Hill,  St.  Louis. 


Files  Grievance  Case 

Cleveland,  Dec.  21. — Claiming 
RKO,  Warner  and  Paramount  have 
cancelled  their  contracts  and  have  re- 
fused service  at  the  Market  Square 
Theatre  on  the  complaint  of  competi- 
tors because  he  has  a  ten-cent  adult 
admission  price  from  6:30  to  7:30 
nightly,  Sam  Barck  has  filed  a  griev- 
ance case  under  the  code  with  the 
Hays  organization. 


Wanger  Coming  East 

Hollywood,  Dec.  21. — Walter 
Wanger  set  out  by  plane  for  the  east 
tonight  with  a  print  of  "Christina."  He 
returns  Jan.  2. 


Fox  on  Doubles  in 
K,  C;  Eyebrows  Rise 

Kansas  City,  Dec.  21. — Assertedly 
confronted  by  pictures  that  will  not 
stand  alone,  the  Uptown,  Fox  Mid- 
west first-run,  has  launched  a  double 
bill  policy  with  a  combination  of  "Fe- 
male" and  "Olsen's  Big  Moment," 
with  the  first  feature  getting  the  big 
play  in  the  ads. 

Independent  suburbans  look  askance 
at  the  policy,  inasmuch  as  efforts  have 
been  made  to  abolish  duals  in  Kan- 
sas City,  and  since  the  Uptown  twin 
bills  are  subsequently  booked  into  Fox 
Midwest  suburban  runs. 

Earlier  in  the  season,  the  Uptown 
launched  a  twin  bill  test  but  the  house 
reverted  to  single  bills  after  a  week's 
experiment.  In  the  previous  trial, 
the  balcony  price  was  shaved  to  25 
cents,  but  this  time  the  40-cent  top 
prevails  for   all   seats. 


To  Consider  Cantor 
Broadcast  Complaint 

Hollywood,  Dec.  21. — Replying  to 
Harry  Brandt's  protest  in  behalf  of 
the  I.  T.  O.  A.  against  Eddie  Cantor 
appearing  on  Sunday  night  radio  pro- 
grams, Samuel  Goldwyn  said  today 
there  was  nothing  he  could  do  at 
present  but  would  take  the  matter  up 
with  the  comedian  and  his  sponsor  up- 
on his  visit  to  New  York  within  the 
next  ten  days.  It  is  reported  here 
Cantor  has  sided  with  the  exhibitors 
and  will  refuse  to  sign  a  new  contract 
unless  his  programs  are  switched 
from   Sunday  night. 


Majestic  to  Produce 
Own  Films:  Gluckman 

(Continued  from  paae  1) 
He  stated  a  successor  to  Phil  Gold- 
stone  will  be  named  the  first  week  in 
January.  William  D.  Shapiro,  vice- 
president,  who  returned  with  Gluck- 
man after  several  weeks  in  Holly- 
wood, will  trek  to  the  coast  again 
after  the  first  of  the  year.  E.  H. 
Goldstone  is  now  handling  the  sales 
post  recently  vacated  by  Max  Weis- 
feldt. 


Saenger  Gets  Rebate 

New  Orleans,  Dec.  21. — U.  S.  Dis- 
trict Court  Judge  Borah  has  instructed 
E.  V.  Richards,  receiver  for  Saenger 
Theatres,  to  accept  a  rebate  of  $375.41 
offered  by  the  Times-Picayune.  It  is 
an  overage  on  an  annual  advertising 
contract. 


Employment 
At  '29  Level, 
Reports  Hays 


(Continued  from  pa<ie   1) 

Isham  Jones,  was  marked  by  speeches 
and  appeals  on  behalf  of  The  Film 
Daily  Relief  Fund  made  by  John  C. 
Flinn,  president  of  the  Ampa, 
Louis  Nizer,  Eddie  Cantor,  Cecil  B. 
De  Mille  and  Hays. 

It  was  pointed  that  the  relief  fund, 
established  since  1927,  had  collected 
$4,300  last  year  and,  through  its  ef- 
forts, had  not  only  relieved  the  finan- 
cial condition  of  many  men  in  the  in- 
dustry who  once  had  known  better 
times  but  through  its  administration 
had  been  successful  in  obtaining  43 
jobs  for  men  out  of  work. 

"So  well  established  is  this  fund  that 
it  has  made  unnecessary  the  organiza- 
tion of  an  industry  relief  fund  here 
such  as  exists  in  Hollywood  and 
which  raised  $150,000  last  year,"  said 
Hays.  In  making  an  appeal  for  the 
support  of  the  drive  which  will  cul- 
minate, as  usual,  on  Christmas  Day, 
Hays'  appeal  was  duplicated  by  other 
speakers. 

Called  upon  to  pay  tribute  to  Jack 
Alicoate,  publisher  and  editor  of  The 
Film  Daily,  who  is  in  direct  charge  of 
the  fund,  the  audience  which  was  the 
largest  to  grace  an  Ampa  board  since 
the  days  of  its  "Naked  Truth"  din- 
ners,  responded  with  a  will. 

Among  telegrams  read  were  those 
from  Division  Administrator  Sol  A. 
Rosenblatt,  who  was  compelled  to  re- 
main in  Washington  on  government 
business,  and  from  Mervyn  Le  Roy, 
who  is  busy  preparing  for  his  wedding 
to  Doris  Warner  on  Jan.  4. 

The  function  was  well-handled,  run 
off  on  schedule  and  paid  a  sizeable 
recognition  to  what  has  long  since 
been  widely  recognized  in  the  trade  as 
a  worthwhile  charitable  endeavor. 
Paul  Benjamin  of  National  Screen, 
Bert  Adler  of  Fanchon  and  Marco 
and  Marvin  Kirsch  of  The  Film 
Daily  worked  hard  and  long  to  make 
it    a    success.      They    succeeded. 

Among  those  glimpsed  on  and  near 
the  dais  which  was  set  and  filled  by 
50  men  and  women  were : 

Bert  Adler,  Jack  Alicoate,  Colvin  Brown, 
J.  E.  Brulator,  Edward  Bowes,  Nathan 
Burkan,  Rex  Beach,  Eddie  Cantor,  Mario 
Chamlee,  Jack  Cohn,  Tony  Canzoneri,  Al 
Courmier.  James  Cron,  George  Dembow, 
Ned  Depinet,  Eddie  Dowlinp;,  Don  Dean, 
Cecil  B.  De  Mille,  Jay  Emanuel,  Walter 
Eberhardt,  Ed  Finney,  Harold  B.  Franklin, 
Arthur  S.  Friend,  Toby  Gruen,  Arthur  But- 
ler Graham,  Robert  Gillham,  Paula  Gould, 
Ray  Gallagher,  Hal  Home,  Arthur  House- 
man, Pete  Harrison,  Earle  W.  Hammons, 
Will  H.  Hays,  Harry  Hershfield,  W.  Ray 
Johnston,  Red  Kann,  Ed  Kuykendall, 
Ralph  Kohn.  Walter  Moore,  Boris  Morros, 
Charles  E.  McCarthy,  J.  J.  McCarthy, 
Maurice  McKenzie,  Vivian  Moses,  Louis 
Nizer,  Gar  O'Neil,  Charles  C.  Pettiiohn, 
Martin  Quigley,  Lou  Rydell,  Herman  Rob- 
bins,  Nellie  Revell,  Hortense  Schorr,  Bob 
Savini,  George  Schaefer.  Sid  Silverman. 
Robert  Sisk.  Fritzi  Scheff,  Lester  Thomp- 
son, Julius  Tannen,  Sophie  Tucker.  R.  F. 
Woodhull,  Gordon  White,  Will  Whitmore, 
Arthur  G.  Whyte,  Ralph  Wonders  and  Eu- 
gene   Zukor. 


Warners  Seen  Victor 

Minneapolis,  Dec.  21. — Bannering 
against  Warner  pictures  and  the  com- 
pany's exchange  on  part  of  local  ex- 
hibitors ended  today.  The  move  is 
seen  as  a  victory  for  Warners  in  the 
boycott  move  under  way  here. 


MOTION  PICTURE 

DAILY 


Friday,  December  22,   1933    j 


Renew  Argument  on 
Realty  Associates 


-Alfred  T.  Davison,  counsel  for 
Realty  Associates  Securities  Corp., 
bankrupt,  told  Federal  Judge  Marcus 
B.  Campbell  in  Brooklyn  yesterday 
that  money  had  been  posted  for  a 
claim  of  the  federal  government 
against  the  bankrupt  concern  and  tliat 
payment  would  have  no  effect  on  the 
corporation's  offer  to  creditors.  The 
corporation  is  offering  creditors  15 
per  cent  in  cash  and  85  i>er  cent  in 
bonds  maturing  in  1943.  Confirma- 
tion of  the  offer  was  opposed  by  Clar- 
ence Goldberg,  representing  creditors 
claiming  $24,000. 

Davison  attacked  fees  recommended 
by  referee  in  bankruptcy  Eugene  F. 
O'Connor,  Jr.,  who  claims  $62,500,  the 
former  insisting  that  O'Connor  was 
entitled  to  one-half  of  one  per  cent 
of  the  cash  settlement,  in  this  instance 
$9,500. 

Archibald  Palir>er,  representing 
bond  holders,  also  attacked  O'Connor's 
fees.  Palmer  then  directed  his  fire 
at  the  receiver  for  the  corporation, 
Fred  L.  Gross,  president  of  the 
Brooklyn  Bar  Ass'n,  and  Frank  Fox, 
president  of  the  bankrupt  concern. 
Palmer  said  over  $5,000  of  Fox's  an- 
nual salary  as  head  of  the  corixiration 
and  affiliates  was  paid  by  the  bank- 
rupt firm.  Now  he  said  with  a  court 
labeling  him  receiver  for  six  months 
he  claims  one-half  of  $129,000,  the 
amount  the  court  may  award  the  re- 
ceivers. Palmer  also  attacked  the  ac- 
counting firm  of  Touche,  Niven  & 
Co.,  which  is  asking  for  $4,500.  He 
said  the  firm  furnished  no  information 
to  creditors,  only  submitting  a  24-page 
report  painting  the  company  as  "lily 
white." 


Looking  ^Em  Over 


Amity  in  Deals  for 
Players  and  Stories 

Amity  Pictures  is  negotiating  for  a 
number  of  players  and  stories  for  the 
12  features  planned.  Sam  Efrus  is  en 
route  to  the  Coast  to  start  the  first, 
which  will  be  directed  by  Charles 
Hutchison.  The  company  has  ac- 
quired six  Will  Rogers  shorts  origi- 
nally produced  by   C.   S.   Clancey. 


''The  Film  Parade'* 

( General) 

Unquestionably  "Tlie  l-'ilni  Parade"  is  priceless  as  a  celluloid  record  of 
tlie  history  of  the  screen.  It  covers  comprehensively  the  whole  field  of 
experimentation  in  the  science  of  motion  pictures.  Delving  back  into 
the  most  primitive  efforts  at  creating  animation,  the  film  takes  us  down 
the  years  to  tlie  era  of  talking  pictures. 

Instructive  this  most  certainly  is,  but  as  mass  entertainment  it  has  not 
much  to  offer.  In  the  scliool  it  may  ad\ance  tlie  cause  of  education,  but 
in  the  theatre  it  is  hardly  likely  to  advance  tlic  cause  of  tlie  box-office. 
An  exception  may  be  made  to  this  statement  where  the  older  generation 
is  concerned.  To  this  older  generation  it  will  undoubtedly  bring  back 
reminiscences  of  those  days  when  it  went  wild  over  Billy  Anderson, 
Flora  Fitch,  Maurice  Costello,  and  a  host  of  other  stars  whose  names 
today  are  but  a  memory.  All  these  old  timers  again  come  to  life  in  scenes 
from  pictures  made  in  the  early  years  of  the  screen.  Shown  as  they 
were  in  the  days  when  they  were  unknown  are  many  of  the  stars  of 
the  present  day. 

J.  Stuart  Blackton,  screen  pioneer,  made  this  production  and  serves 
as  commentator. 


Three  in  Paterson 

Three  Warner-First  National  pic- 
tures are  being  shown  first  run  simul- 
taneously in  Paterson,  N.  J.  They 
are  "From  Headquarters"  at  the  Ri- 
viera, "Havana  Widows"  at  the  Fa- 
bian, "College  Coach"  at  the  Garden. 


Kincey  Adds  Two 

Charlotte,  Dec.  21. — Two  more 
houses,  the  Imperial  and  Universal, 
at  Lenoir,  N.  C,  have  been  added  to 
the  North  Carolina  Theatres'  chain  of 
36  in  this  territory,  according  to  Her- 
bert Kincey. 


Arnold  Blasts  Critics; 
Not  After  A.  F.L,  Tie 

Hoi.Lvwoon,  Dec.  21. — Incensed  over 
what  he  calls  malicious  progapanda 
allegedly  emanating  from  camera 
union  headquarters  here,  to  the  effect 
the  American  Federation  of  Labor 
refused  a  charter  to  a  group  of  mem- 
bers of  the  A.S.C.,  of  which  he  is 
head,  for  a  new  camera  union,  Johij 
.Arnold  denies  any  such  application 
has  been  made. 

The  A.S.C.  is  instituting  an  inves- 
tigation, with  legal  action  threatened 
against  those  found  planting  proga- 
ganda  against  the  organization.  The 
union  is  said  to  be  upset  over  the 
heavy  increase  in  the  membership  of 
the  A.S.C.  from  166  some  months 
ago  to  450  today  and  over  its  work- 
ing out  details  for  a  new  working 
agreement    with    producers. 


Brown  Vacationing 

George  Brown,  head  of  Columbia's 
publicity,  advertising  and  exploitation 
departments,  left  yesterday  on  a  Car- 
ibbean  cruise   vacation. 


Weil  to  Coast  Jan.  1 

Joe  Weil,  newly  appointed  assistant 
to  Carl  I^emmle,  leaves  for  the  coast 
Jan.  1  to  take  up  his  new  duties. 


Dempsey  in  RKO  Shorts 

Hollywood,  Dec.  21. — Radio  is  re- 
ported to  be  negotiating  with  Jack 
Dempsey  for  a  series  of  shorts. 


Blank's  Settlement 
Offer  to  Be  Probed 

Omaha,  Dec.  21. — On  an  order  of 
the  U.  S.  District  Court,  Herman 
Aye,  referee  in  bankruptcy,  will  inves- 
tigate an  offer  of  A.  H.  Blank  Thea- 
tre Co.  of  Nebraska  to  settle  $800,000 
in  debts  at  20  cents  on  the  dollar. 

A  petition  asking  for  approval  of 
such  a  settlement  has  been  filed  by 
Paul  Massey,  attorney  for  Blank, 
who  states  that  it  is  agreeable  to  a 
majority  of  creditors.  The  defunct 
company  was  controlled  by  Para- 
mount. 


Report  Cooper  to  Ask 
Studio  Head  Release 

Hollywood.  Dec.  21. — The  report  is 
that  Merian  Cooper  is  certain  to  de- 
mand he  be  released  from  heading  the 
Radio  studios  when  his  contract  ex- 
pires March  1,  in  preference  to  han- 
dling a  single  unit  producing  the 
Whitney  technicolor  series.  B.  B. 
Kahane  will  assume  general  charge 
of  splitting  production  into  three  units, 
headed  by  Cooper,  Pandro  Berman 
and  Kenneth  MacGowan  and  a  pos- 
sible fourth. 


Chicago  Men  Begin 
Dicker  with  Union 

Chicago,  Dec.  21. — Aaron  Saper- 
stein,  head  of  Allied  Theatres  of  Illi- 
nois, and  Jack  Miller  of  the  Chicago 
Exhibitors'  Ass'n.  have  opened  nego- 
tiations with  Tom  Maloy  and  Tom 
Reynolds  of  the  operators'  union  on 
a  working  agreement  for  1934.  The 
present   agreement   expires   Jan.    10. 

Saperstein  and  Miller  will  meet  the 
union  officials  separately  in  behalf  of 
their  organizations.  Approach  to  the 
signing  of  a  new  agreement  is  usually 
preceded  by  a  series  of  preliminary 
conferences  with  a  "windup"  meeting 
as  the  deadline  approaches  that  has 
on  several  occasions  lasted  through- 
out the  night  at  a  downtown  hotel. 

Parleys  this  year  will  be  compli- 
cated by  the  NRA  setup.  While  the 
exhibitor  leaders  are  prepared  to  ask 
for  the  customary  reductions  they  are 
not  making  any  predictions  on  what 
may  be  accomplished.  Generally,  the 
relationship  between  both  exhibitor 
group  leaders  and  the  union  lias  been 
one  of  conciliation  and  cooperation 
during   the   last  year. 


Tax  on  Stage  Held 
Aiding  Film  Houses 

Washington,  Dec.  21.  —  Motion 
pictures  are  living  off  the  taxes  on  the 
legitimate  stage,  it  was  represented 
today  at  hearings  before  the  House 
Ways  and  Means  Committee,  which  is 
developing  a  new  revenue  measure  for 
submission   to    Congress. 

Appearing  for  the  purpose  of  pre- 
senting a  plea  for  total  repeal  of  the 
admission  tax,  Henry  Moskowitz  of 
New  York,  a  member  of  the  Legiti- 
mate Theater  Code  Authority ;  Frank 
Gilmore  of  Equity,  Fred  Dempsey  of 
I.  A.  T.  S.  E.,  and  Matthew  Zimmer- 
man of  the  Public  Service  Ticket  Of- 
fice, all  declared  that  the  present  heavy 
taxes  were  diverting  the  theatre-going 
public  to  picture  houses. 

Figures  were  submitted  to  show  the 
tax  was  a  "failure,"  it  being  pointed 
out  the  estimated  revenue  of  $42,000,- 
000  a  year  in  actual  operation  has 
proven  to  be  but  $15,000,000.  The 
committee  was  told  the  people  are  real- 
izing that  the  tax  they  would  be  re- 
quired to  pay  on  legitimate  theater 
tickets  would  pay  their  way  into  a 
picture  house  and  are  going  to  the 
latter. 


Disband  Stock  Companies 

Hollywood,  Dec.  21. — Universal 
and  Radio  have  disbanded  their  stock 
companies. 


Detroit  Men  Start 
Local  Variety  Club 

Detroit,  Dec.  21.— A  Variety  Club 
was  organized  here  this  week  and 
J.  E.  ("Jack")  Flynn,  M-G-M  district 
manager,  was  elected  president.  Ed 
Kirchner  and  M.  J.  Caplan  are  vice- 
presidents  and  David  Newman,  secre- 
tary.    Carl    Shalit   is   secretary. 

The  club  came  into  being  with  61 
charter  members,  claimed  as  the  larg- 
est group  to  launch  anv  of  the  existing 
Variety  Clubs  in  Middle  Western 
cities.  Quarters  will  be  opened  at  the 
Book-Cadillac  on  Jan.  6. 


Major  Product  Only 
From  Goldstone  Now 

(Continued  from    pane   1) 

brackets  for  major  release.  Resign- 
ing from  the  I.M.P.P.A.,  he  declared 
exhibitors  were  to  blame  for  the  in- 
dependents' failure  to  make  a  profit. 
He  said  exhibitors  pay  less  for  an 
independent  film  no  matter  how  good 
and  more  for  major  product  of  in- 
ferior quality,  adding  that  until  this 
condition  is  rectified  little  hope  re- 
mains   for    independent    producers. 

Goldstone  will  be  eastbound  next 
week  on  the  way  to  Europe.  He  plans 
to  take  up  his  new  activities  in  March. 


Rasmussen  Dead 

Copenhagen,  Dec.  21. — Dr.  Knud 
Rasmussen,  Danish  Arctic  explorer, 
died  here  today  after  a  long  illness, 
brought  about  by  food  poisoning. 
Rasmussen  spent  several  months  in 
Greenland  with  the  Universal  unit 
making  "S.O.S.  Iceberg,"  as  "pro- 
tector" of  the  unit. 


**Jazz  Singer"  Remake 

Hollywood,  Dec.  21. — Al  Jolson  is 
prevailing  upon  Warners  to  remake 
"The  Jazz  Singer"  as  one  of  the  group 
of  three  pictures  he  is  to  do  for  that 
company.  A  canvass  for  exhibitor  re- 
action to  the  proposed  remake  is  be- 
ing  made. 


The  original  Variety  Club  was  or- 
ganized by  Tohn  H.  Harris  in  Pitts- 
burgh and  gradually  the  idea  has 
spread.  Columbus  was  the  second  to 
organize:  St.  Louis  was  third,  Cin- 
cinnati, fourth,  and  Detroit,  fifth. 


Now  Has  90  Members 

St.  Louis,  Dec.  21.— The  St.  Louis 
Variety  Club  now  has  an  enrolled 
membership  of  90.  A  drive  is  on  to 
include  independent  theatre  managers. 


Educ.  Schedules  22 

Fox  will  release  22  subjects  from 
Educational  between  now  and  the 
middle  of  February.  Educational  has 
set  production  schedules  on  both  east 
and  west  coasts  calling  for  completion 
of  from  two  to  four  subjects  weekly. 


'W  Holds  Sherriff 

Hollywood,  Dec.  21. — Universal  has 
signed  R.  C.  Sherriff  to  a  new  contract 
The  first  of  three  to  be  written  by 
him  during  the  coming  year  will  be 
"A   Trip  to   Mars." 


Director  and  Producer 

Holly W(K)D,  Dec.  21.— John  Crom- 
well, who  is  directing  "Transient 
Love"  for  Radio,  has  taken  over  the 
title  of  producer  as  well. 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 

Faithful        ; 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.  NO.  147 


NEW  YORK,  SATURDAY,  DECEMBER  23,  1933 


TEN  CENTS 


Trade  Awaits 
Happier  Days 
In  Columbus 


Big  Bugaboo,  As   Usual, 
Is  Too  Many  Seats 


Eighth  in  a  series  on  con- 
ditions   in   the    Middle   West. 


By  RED  KANN 

Columbus — The  wheeze  about  pa- 
tience being  a  virtue  goes  double  in 
spades  here  in  this  city,  the  seat  of 
Ohio's  government. 

There  are  300  seats  less  10,000  in 
the  downtown  section  and  that's  more 
numbers  than  the  city  can  take  care 
of.  Everybody  in  the  local  industry, 
which  means  the  theatre  industry  since 
the  only  distributor  around  is  "Duke" 
Clark  and  a  Paramount  exchange, 
knows  the  condition,  bemoans  the  fate 
which,  similarly  to  other  cities  of  like, 
larger  and  smaller  size,  has  hit  Col- 
umbus but  doesn't  know  what  can  be 
done  about  it  unless  a  friendly  earth- 
quake happens  along  and  furnishes  the 

(.Continued  on   pac/e   3) 


Ohio  Independents 
Pick  Vance  as  Head 

Cincinnati,  Dec.  22. — The  Ohio 
Bailey  Independent  Exhibitors' 
League,  recently  organized  to  replace 
the  Greater  Cincinnati  M.  P.  Exhibi- 
tors' Ass'n.  and  the  Ohio  Allied  unit, 
has     elected     the     following     officers : 

(.Continued   on  page   2) 

Conspiracy  Charge 
Quashed,  Says  Erpi 

Charges  of  invalidity  of  Erpi's  stan- 
dard   theatre    license    agreement    be- 
cause executed  in  pursuance  of  z^  con- 
spiracy between  A.  T.  &  T.,  Western 
{.Continued  on  page  2) 


Garho  in  Caps 

Garbo  yesterday  made  her 
appearance  on  Broadway  in 
caps  on  the  huge  sign  on  the 
front  of  the  Astor.  Today 
her  face  will  grace  the  sign 
under  the   caps. 

This  sign  will  not  mention 
"Queen  Christina,"  by  throw- 
ing the  complete  play  to  the 
star,  but  the  marquee  men- 
tions both  the  star's  name 
and   the   picture. 


Copyright  Budget 
Approved  for  1934 

Annual  budget  for  the  Copyright 
Protection  Bureau  was  approved  yes- 
terday by  sales  heads  of  major  dis- 
tributing companies  at  a  meeting  held 
at  the  Astor.  An  attorney  from  the 
Hays  office  presided  at  the  conference. 
Jack  Levin,  operating  head  of  the 
bureau,  Ned  Depinet.  Jules  Levy, 
Felix  Feist,  Gradwell  Sears,  A.  W. 
Smith,  M.  Wormser,  Neil  Agnew, 
E.  C.  Grainger  and  Louis  Phillips 
were  among  those  who  attended. 

The  bureau  has  six  division  man- 
agers actively  in  the  field. 

No  Code  Action  by 
New  Jersey  Allied 

No  action  on  signing  of  the  code 
will  be  taken  by  Allied  of  New  Jer- 
sey, Sidney  Samuelson,  president  of 
the  unit,  states.  The  matter  is  not 
for  units  to  decide,  but  for  the  in- 
dividual exhibitors  themselves,  Sam- 
uelson says. 

At  a  recent  meeting  of  the  unit  in 
Trenton,  three  alternatives  were  of- 
fered the  members.  The  first  was 
to  sign  the  code  as  it  stands ;  the  sec- 

(Coutinned   on    Pane   4) 

3-Day  Holiday  for 
Film  Employes  Here 

Home  offices,  with  few  exceptions, 
are  giving  their  employes  a  three-day 
Christmas      vacation,      being      closed 

(.Continued  on  page  2) 


Now  They'll  Talk 

Sam  Katz  walked  into  the 
Godfrey  Building  yesterday, 
arm  and  arm  with  Jack  Cohn. 
Columbia   vice-prexy. 

Now  the  rumors  will  com- 
mence. 


lATSE  Files  Plaint 
Against  Dubinsky 

Kansas  City,  Mo.,  Dec.  22.— The 
LA.T.S.E.  has  filed  a  comj)laint  with 
the  National  Labor  Board  in  Wash- 
ington against  the  Dubinsky  Theatres 
alleging  a  lockout  of  operators  and 
violations  of  the  blanket  and  industry 
codes  involving  hours  and  wages,  ac- 
cording to  Walter  S.  Croft,  interna- 
tional     representative,      assistant      to 

(Continued  on  page  4) 


Cantor  to  Continue 
Broadcast,  He  Says 

In  face  of  continued  exhibitor  pro- 
test and  despite  reports  from  the  Coast 
that  he  may  change  his  Sunday  night 
broadcasts  to  another  night,  Eddie 
Cantor  will  definitely  continue  his  air 

(Continued  on  page  2) 


Studios  Concentrate 
On  Finished  Scripts 

Hollywood,  Dec.  22. — With  the 
trend  for  fewer  and  better  pictures 
dominant  in  several  of  the  major  stu- 

(Continued  on  page  2) 


Golden  and  Freuler  Hold 
'34  An  Opportunity  Year 


By  EDWARD  GOLDEN 
General  Sales  Manager,  Monogram 

As  the  new  year  approaches,  one 
turns  back  the  calendar  of  Time 
with  reflections 
and  thoughts  as 
to  what  we  can 
gain  by  our  past 
experiences  in 
glancing  toward 
the  future.  We 
have  much  to 
be  thankful  for, 
and  by  what  we 
have  done,  so 
we  should  be 
judged. 

Never   in  the 
history     of    the 
business  are  op- 
portunities so 
plentiful    as    the    year    "just    around 
{Continued  on  page  4) 


By  JOHN   R.  FREULER 
President,  Monarch  Prod. 

Rather  than  speculate  on  the  future, 
let  us  have  an  intelligent  belief  in  the 
leaders  of  our 
Governme  nt — 
and  an  open 
mind.  Let  any 
criticism,  which 
may  seem  nec- 
essary as  the 
program 
emerges  into  re- 
ality, be  solely 
constructive  and 
in  the  interests 
of  "the  greatest 
good  for  the 
greatest  num- 
ber." 

In  our  enthu- 
siasm for  that  future  let  us  cast  a  re- 
(Continued  on  page  4) 


661 


Code  Proffer 
Powerless," 
Says  Lowell 

Hits    Block    Booking  in 
Explaining  Refusal 

Boston,  Dec.  22.— Dr.  A.  Lawrence 
Lowell  declined  appointment  to  the 
Code  Authority  because  he  did  not 
want  to  be  a  "powerless  onlooker" 
and  because  of  his  objections  to  block 
booking,  he  revealed  yesterday  in 
making  public  the  correspondence  be- 
tween himself  and  Administrator 
Hugh  S.  Johnson. 

The  farmer  head  of  Harvard  called 
in  the  newspaper  men,  because,  he 
said,  part  of  his  reasons  for  his  decli- 
nation had  been  made  public.  This 
violated  a  rule  against  press  inter- 
views which  he  had  maintained  for 
25  years  or  more. 

Dr.  Lowell's  first  telegram  to 
Deputy  Administrator  Sol  A.  Rosen- 
blatt follows : 

"The  five  large  producing  companies 
have,  by  their  business  methods,  ob- 
tained a  controlling  grip  upon  the 
business  and  are  able  to  put  forth 
upon  the  community  any  films  that 
they  please.     This  monopolistic  prac- 

(Continued   on    paae    4) 


Delaware-Maryland 
Men  Sign  the  Code 

Wilmington,  Dec.  22.— With  a  ma- 
jority of  members  present,  the  Inde- 
pendent M.  P.  Theatre  Owners'  Ass'n. 
of  Delaware  and  the  Eastern  Shore 
of  Maryland  has.una.nimously  indorsed 
and    signed    the    code.     Members    not 

(Continued  on  page  4) 


NRA  to  Send  Out 
Salary  Queries  Soon 

Washington,  Dec.  22.— Drafting 
of  questionnaires  to  be  sent  out  by  the 
National   Recovery   Administration   to 

(Continued   on    page   4) 

Sam  Barck  Declares 
Competition  Unfair 

Cleveland,  Dec.  22.— One  of  the 
contentions  to  be  made  by  Sam  Barck 
when  his  complaint  against  major  dis- 

(Contimied   on  page  4) 


No  Paper  Monday 

Motion  Picture  Daily  will 
not  publish  on  Monday,  Dec. 
25,   which   is    Christmas   Day. 


MOTION  PICTURE 

DAILY 


Saturday,    December  23,    1933 


MOTION  PICTURE 

DAILY 

^Kt■sistercd    l".    S.    Patent    Ot1icc> 


Vol.   .!4 


Oecenibor  i.^.    I9.v» 


Xo.    147 


-MaRTIX     QlICLEY 

njitor-m-Chit'f   and   Fublislwr 


.MAURICE  KANN  MR, 

Editor  ''-■^ 

JAMES  A.   CRON 

Adz-ertising  Manaucr  SLS, 


Published  daily  except  Sunday  and  holi- 
days by  -Motion  Picture  Daily.  Inc.,  sub- 
sidiary of  Uuigley  Publications,  Inc.. 
Martin  'Juigley.  President:  Colvin  Brown. 
Vice-President   and  Treasurer. 

Publication  Oftice:  1790  Broadway,  New 
York.  Telephone  Circle  7-3100.  Cable  ad- 
dress "Ouigpubco.  New  ^  ork."  All  con- 
tents copyrighted  1933  by  Motion  Picture 
Daily.  Inc.  Address  all  correspondence  to 
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PICTURE  ALMANAC  and  THE  CHI- 
CAGOAN. 

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manager;  London  Bureau;  1021  A  Finchley 
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Entered  as  second  class  matter  January 
4,  1926  at  the  Post  Office  at  New  York 
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Subscription  rates  per  year:  $6  in  the 
Americas,  except  Canada  $15  and  foreign 
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Conspiracy  Charge 
Quashed,  Says  Erpi 

(Continued   from    page    1) 

Electric  and  Erpi  to  create  a  mon- 
opoly in  the  sound  reproducing  busi- 
ness have  been  held  to  be  immaterial 
and  unresponsive  to  a  suit  brought  by 
Erpi  to  recover  sums  due  under  such 
contract.   Erpi  says. 

Iowa  District  Judge  Smyth  so  ruled 
in  granting  Erpi's  motion  to  strike 
such  charges  from  the  defense  in  the 
case  of  Erpi  against  M.  L.  Dickson, 
operating  the  Temple,  Mount  Pleas- 
ant,  la. 


Ohio  Independents 
Pick  Vance  as  Head 

(Continued   from   pane   1) 

President.  Willis  Vance ;  vice-presi- 
dent, Frank  W.  Huss,  Jr.;  secretary, 
Harold  Bernstein;  sergeant-at-arms, 
Charles  I'"ine ;  trustees,  Vance,  Huss, 
Bernstein.  I''ine,  Henry  Levy,  H.  (). 
Krent,  William  Gerves,  Leo  Stephany 
and  Sam  Turk. 

Suggestions  for  members  on  the 
local  clearance  and  zoning  and  griev- 
ance boards  have  been  telegraphed  to 
the  code  authority.  \o  action  has  been 
taken  on  signing  the  code. 


Schlesinger  Release  Set 

Hou.YWfXJD,  Dec.  22. — Leon  Schles- 
inger says  he  will  make  12  "Merry 
Melodies"  in  cinecolor,  delivering  one 
each  month  during  next  year  for  War- 
ner release.  The  producer  leaves 
next  Tuesday  for  \ew  York  with  Mr. 
and  \frs.  L.  E.  Halprin  and  Mr.  and 
Mrs.  Teeple,  the  latter  being  Mervyn 
1-e  Koy's  mother.  The  party  will  at- 
tend the  Le   Roy-Warner   wedding. 


Looking  ^Em  Over 


"The  Throne  of  the  Gods" 

(I'irst  Dh-isioii) 

For  those  satisfied  witli  remarkable  mountain  scenery  and  ofY-stage 
dialogue  by  Lowell  Tliomas  tiiis  will  he  extremely  interesting  entertain- 
ment. It  is  the  film  record  of  an  e-xpedition  led  by  Dr.  Dyhrenfurth  of 
Switzerland  to  the  highest  peak  in  the  Himalayas.  Some  of  it  is  obvi- 
ously staged  for  dramatic  effect,  but  on  the  whole  is  an  authentic  and 
convincing  travelogue. 

Early  scenes  show  a  ship  passing  througii  the  Suez  Canal,  with  views 
of  various  spots  in  India,  Darjeling,  and  points  among  the  foothills 
until  the  final  climb  begins  with  native  guides  and  pack  animals. 

Final  stages  of  the  climl)  are  up  icy  cliffs  and  across  wind-swept  crags 
and  s;laciers. 


"Rowan   Scandals,"  this  morning's  opener  at   the  Rii'oli,  ivas  re'c'ieu'ed  by 
K'ire  from  Hollyzvood  in  Motion  Picture  Daily  Dec.  4. 


Cantor  to  Continue 
Broadcast,  He  Says 

{Continued   from    page    1) 

appearances,  according  to  his   present 
schedule,  he  states. 

Cantor  gives  as  his  reason  the  fact 
that  if  he  doesn't  broadcast  at  8  P.  M. 
Sunday  night  some  one  else  will,  that 
if  one  of  the  many  theatres  along 
Broadway  is  doing  a  big  business  and 
the  others  are  in  the  doldrums,  it 
would  be  like  asking  the  busy  theatre 
to  move  to  another  street  and  give  the 
other  operator  a  chance. 


Will  Discuss  Yarn 

Hollywood,  Dec.  22. — Eddie  Can- 
tor's next  for  Samuel  Goldwyn  may 
have  a  nautical  swing  to  it.  The  come- 
dian and  his  producer  will  talk  it 
over  shortly  after  the  first  of  the 
year  in  New  York. 


Young  for  'Men  in  White' 

Hollywood,  Dec.  22. — M-G-M  has 
borrowed  Waldemar  Young  from 
Paramount  to  adapt  "Men  in  White." 
Franchot  Tone's  contract  has  been 
renewed  and  George  B.  Seitz  has  been 
signed  to  direct   "Payment   in   Full." 


Editing  20  Vitaphones 

Twenty  Vitaphone  shorts  are  now 
in  process  of  editing.  They  include 
five  two-reelers,  14  one-reelers  and 
one  three-reeler. 


Studios  Concentrate 
On  Finished  Scripts 

(Continued   from    page    1) 

dios.  work  of  concentrating  on  story 
preparation  is  a  policy  now  in  oper- 
ation at  Warners  and  20th  Century. 
Orders  at  both  plants  were  deliv- 
ered that  under  no  circumstances  shall 
a  picture  go  into  production  without 
a  conipleted  script.  Stories  that  will 
not  reach  the  actual  production  stages 
for  several  months  to  come  are  now 
being  assigned  to  writers  with  instruc- 
tions that  the  plays  must  be  perfect 
and  completed  before  handing  them 
over  to  a  director. 


Staying  with  Fox 

Dan  Michalove  declared  yesterday 
reports  linking  him  with  a  return  to 
Paramount  through  the  newly-formed 
Famous  Theatres  Corp.  which  has 
acquired  assets  of  Publix  Enterprises 
are  erroneous.  He  declares  he  pro- 
poses continuing  his  present  post  as 
assistant  to  S.   R.  Kent  at  Fox. 


Skouras  Unit  Bankrupt 

Central  New  York  States  Theatres 
Corp.  has  filed  a  schedule  in  bank- 
runtcy,  listing  liabilities  at  $174,270 
and  assets  at  $9,293. 

The  company  is  a  subsidiary  of  the 
Skouras  Theatres  Corp.  and  was 
formed  to  operate  the  Schine  circuit, 
which  was  turned  back  some  time  ago. 


Loew  Up  One  in  Rising  Market 


High 

Columbia    Pictures,    vtc 24 

Consolidated    Film    Industries 3 

Consolidated    Film   Industries,   pfd 10^ 

Eastman    Kodak    82 

Loew's.    Inc 30^ 

Paramount   Publix    2 

Pathe    Exchange V/i 

Pathe  Exchange  "A" 11  ^^ 

RKO    254 

Warner  Bros SVt. 


High 

Educational    2 

Technicolor     8^ 

Trans   Lux    2 


RKO  Bonds  Slip  Three  Points 


High 

General   Theatre    E<|uipment   6s   '40 3 

(iencral   Theatre   Efiuipmcnt   6s   '40,   ctf 2^ 

I^oew's   6s    '41,    WW    deb    rights 8254 

Paramount    F.    L.    6s    '47 28 

Paramount    Publix    SYiS    '50 28!4 

Pathe   7s   '37,   ww 83M 

RKO  6s   '41.   pp 17 

Warner  Bros.  6s  '39,  wd 39J4 


Net 

Low 

Close 

Chan"e 

Sales 

23'/4 

24 

+  54 

200 

2Vi 

254 

-  54 

300 

1054 

105/8 

+  Vi 

1,1()0 

78'/4 

80 

+VA 

2.600 

2954 

30 

-1-1 

3.20O 

m 

2 

+  % 

7,200 

1-/2 

m 

+  'A 

700 

10 

1154 

+  54 

2,200 

2 

25^8 

-f  /8 

2.6a) 

^■'A 

554 

-1-  54 

8,000 

f  on  Curb 

Net 

Low 

Close 

Change 

Sales 

2 

? 

100 

m 

854 

+  54 

100 

m 

VA 

+  % 

1,600 

?  Points 

Net 

Low 

Close 

Change 

Sales 

27/„ 

3 

+  H 

21 

2'4 

25/« 

21 

82% 

8254 

-  % 

2 

27 

28 

+  54 

20 

2854 

2854 

15 

8354 

8354 

1 

15 

15 

—3 

4 

39 

3954 

-1-  54 

26 

i  Purely 
Personal  ► 


CONR.^D  NAGEL  and  Irene 
PuRCEi.L,  both  of  them  more  than 
novices  in  pictures,  head  the  cast  of 
"Tlie  First  Apple,"  stage, play  whiclf 
opened  at  the  Booth  last  night. 

A.  W.  Smith,  in  charge  of  Ca- 
nadian and  eastern  sales  for  War- 
ners, has  returned  from  a  trek  to 
New  Haven  and   Boston. 

FiFi  D'Orsay  is  in  town  with  her 
recently  acquired  hubby,  Maurice 
Hill.  The  two  are  stopping  at  the 
New  Yorker. 

Monte  Brice  is  en  route  to  the 
coast  to  join  William  Rowland,  his 
partner,  already  there.  They  may 
produce  a  picture  in  the  west. 

Richard  V.  Anderson  of  Universal 
has  been  elected  master  of  Pacific 
Lodge  No.  233,  F.  &  A.  M.  This  is 
the  film  and  theatrical  lodge. 

Hauley  L.  Clarke,  Noel  Coward 
and  Frank  Lawton  arrived  from  Eu- 
rope yesterday. 

George  Jessel  has  completed  the 
first  of  a  series  of  Vitaphone  shorts. 

Jack  White  has  gone  to  the  coast 
r  the  holidavs- 


jjM^r^    vv  tint. 
for  the  holidays. 


Si  Seadler  has  extended  his  Miami 
vacation. 


3-Day  Holiday  for 
Film  Employes  Here 

(Continued  from  page  1) 

today  and  reopening  Tuesday.  Com- 
panies declaring  a  full-day  holiday 
are  Paramount,  Columbia,  Fox, 
United  Artists.  Radio  and  Erpi. 
Those  that  will  carry  on  business  to- 
day as  usual  are  M-G-M,  Universal 
and  Warner.  The  Monogram  offices 
will  remain  open  part  of  this  morning. 


"Alice"  Opens  Big  in  L.A. 

Los  Angeles,  Dec.  22. — "Alice  in 
Wonderland"  opened  yesterday  at  the 
Paramount  to  record  business  of  $3,- 
485.  Children  accounted  for  60  per 
cent  of  the  matinee  trade. 


Seigel  Takes  Fourth 

Henry  Seigel,  formerly  New  York 
e-xchange  manager  for  Paramount,  has 
added  the  Boston  Road  in  the  Bronx 
to  his  circuit  of  three  houses. 


P.  P.  Meet  Off  to  Dec.  27 

An  adjourned  meeting  of  Para- 
mount Publix  creditors,  scheduled  for 
yesterday  before  Referee  Henry  K. 
Davis,  was  postponed  to  Dec.  27. 


Coast  Group  In 

Walter  Wanger,  accompanied  by  P. 
J.  Wolfson  and  Allan  Rivkin,  arrived 
in  New  York  late  last  night  in  a  plane 
piloted  by  Roscoe  Turner. 


Majestic  Film  for  Roxy 

"You  Made  Me  Love  You."  a  Ma- 
jestic release,  has  been  booked  into 
the   Roxy   sometime   in   January. 


Saturday,    December   23,    1933 


MOTION.  PICTURE 

DAILY 


Trade  Awaits 
Happier  Days 
In  Columbus 


{Coittinucd  from    pane    1) 

answer.  Columbus  is  not  alone  in  that 
wish,  by  a  wide  margin. 

The  only  answer  is  a  return  to  the 
days  that  were.  Some  think  they  are 
far  removed ;  others  don't  expect  them 
back  at  all.  So  it  is  Columbus  mere- 
ly moves  along  doing  the  best  it  can, 
hoping  patience  will  bring  in  some 
dollars  along  with  virtue. 

One  of  the  city's  greatest  mysteries, 
perhaps  its  greatest,  is  how  the  RKO 
Palace  with  its  3,000  seats  gets  by, 
particularly  when  it  has  such  opposi- 
tion as  Loew's  Ohio,  also  a  3,000  seat- 
er,  with  its  pictures  always  and  stage 
shows  sometimes ;  Loew's  Broad,  2,- 
700  seats  strong  and  acquired,  like  the 
Ohio,  from  Billy  James  a  couple  of 
years  ago ;  J.  Real  Neth's  Broad  with 
its  2,000  seats  and  RKO's  second 
house,  the  Majestic,  which  holds 
1,000  when  it  can  get  them  in.  What 
two  of  the  major  circuits  are  doing 
with  twins  on  their  hands  in  a  situa- 
tion where  support  of  one  house  for 
each  would  be  something  to  get  ex- 
cited about  is  as  much  of  a  conundrum 
as  the  reason  why  the  Palace  was 
erected  and  tries  to  get  66  cents,  in- 
cluding the  10  per  cent  state  tax,  after 
six  o'clock  using  as  the  bait  the  stage 
show  which  supplements  the  usual 
first  run  picture.  It  works,  but  not 
well. 

28  Neighborhoods  Open 

Making  the  waters  rougher  for  the 
downtowners  are  28  neighborhood 
houses,  all  of  them  open  and  all  of 
them  in  the  market  to  supply  Colum- 
bus' 300,000  residents  with  celluloid 
entertainment.  Prices  at  outlying 
houses  range  from  15  to  28  cents  in 
averages,  a  factor  which  means  plenty 
in  times  such  as  these  when  the  pub- 
lic is  constantly  on  the  hunt  for  bar- 
gain shows. 

There  is  some  double  featuring,  no 
complaints  on  protection,  but  plenty  on 
the  awful  truth  that  there  is  not  suffi- 
cient business  to  keep  the  theatre  in- 
dustry here  satisfied.  The  fact  that 
an  identical  situation  prevails  else- 
where in  the  Middle  West  indicates 
company  along  these  lines  is  plentiful, 
but  Columbus  says  that  doesn't  help 
Columbus.     And,  of  course,  it  doesn't. 

Chief  among  local  optimism  fore- 
casts are  the  Civil  Works  Administra- 
tion's plans  for  the  city  and  surround- 
ing territory  from  which  it  draws.  At 
the  fixed  $15  per  week  minimum,  thou- 
sands of  dollars,  now  out  of  circula- 
tion, are  making  and  will  make  the 
rounds.  Much  of  it  is  expected  to  end 
up  in  theatre  box-offices. 

Pete  Wood  on  the  Tax 

Behind  the  new  tax  which  originally 
precipitated  a  free-for-all  among  ex- 
hibitors throughout  the  state  was  the 
financial  stringency  in  which  the  state 
government  found  itself.  The  treas- 
ury was  $12,000,000  shy.  The  Recon- 
struction Finance  Corp.  had  pledged 
half  of  the  amount  if  the  state  raised 
the  remaining  50  per  cent.  This  led 
to  a  cosmetic  and  a  beverage  tax  of 
10  per  cent  from  the  first  penny  and, 
naturally,  a  theatre  tax.  In  the  case 
of  beverages,  the  impost  varied  with 
the  size  of  the  bottles,  in  some  in- 
stances going  as  high  as  20  per  cent 


Of  the  differences  in  opinion  which 
arose  between  the  M.  P.  T.  O.  of 
Ohio  and  the  Cleveland  M.  P.  Exhib- 
itors' Ass'n.  on  the  admission  tax,  Pete 
W  uod,  business  manager  of  the  for- 
mer, merely  says : 

"If  all  exhibitors  had  stuck  together 
another  48  hours  the  tax  would  have 
been  licked.  Only  they  did  not  and 
that's  the   story." 

The  understanding  both  here  and  in 
Cleveland  is  that  the  probe  launched 
to  dig  at  the  truth  of  the  report  the 
Cleveland  association  had  spent  $10,- 
000  to  defeat  the  tax  has  about  spent 
itself  and  that  there  probably  will  be 
no  revival.  Against  that  is  countered 
the  opinion  there  is  no  way  of  telling 
how  those  things  will  go. 

Regardless,  however,  of  their 
troubles  and  their  worries,  local  the- 
atre men  find  enjoyment  and  respite 
in  the  Variety  Club,  an  ofifshoot  of  the 
original  club  organized  several  years 
ago  by  John  H.  Harris  in  Pittsburgh. 

In  quarters  at  the  Deshler-Wallick 
that  are  not  large,  but  comfortable,  the 
local  fraternity  gathers  for  a  regular 
round  of  social  life  that  marks  the 
bunch  here  as  a  regular  crowd.  Clark 
of  Paramount  is  the  president,  proudly 
disports  a  watch  the  membership  has 
given  him  and  an  oil  painting,  which 
could  be  better,  of  himself  on  the  club 
walls. 

The  ofircers  and  directors  are  diver- 
sified sufficiently  to  include  all 
branches  of  the  territorial  amusement 
world.  Russell  Bovim  of  Loew's 
Ohio  is  first  vice-president ;  J.  Real 
Neth,  Columbus'  most  important  in- 
dependent operator  whose  line-up  in- 
cludes the  State,  Clinton,  Eastern  and 
Cameo  in  the  neighborhoods,  is  second 
vice-president ;  Tom  Lawson,  ow^ner  of 
the  Valley  Dale,  a  dance  hall,  is  treas- 
urer and  H.  E.  Cherrington,  dramatic 
critic  of  the  Columbus  Dispatch,  is 
secretary.  The  officers  are  directors 
as  are  J.  G.  Tritsch,  owner  of  Sta- 
tion WSEN;  Leo  Haenlein,  one  of  the 
owners  of  Olentangy  Park ;  Max 
Stearn,  owner  of  the  Southern  and 
one  of  the  owners  of  Olentangy :  and 
Laurence  Burns,  owner  of  the  Cham- 
pion. Governor  White,  Mayor  Whor- 
ley  and  Clarence  Darrow  are  hon- 
orary members  and  occasionally  drop 
in.  That's  something,  says  the  club 
membership. 

(Copyright,    1933,   Quiqlcy  Publications) 


Cincinnati  will  be  covered  next. 


Exhibitor  Is  Named 
Next  Toronto  Mayor 

Toronto,  Dec.  22. — H.  E.  Wilton, 
exhibitor,  has  been  elected  mayor  of 
this  city  for  1934.  He  is  manager  of 
the  Strand,  a  Famous  Players  house, 
and  has  served  as  an  alderman  from 
Hamilton. 

Ottawa  will  also  have  an  exhibitor 
mayor  in  Paddy  Nolan,  owner  of  three 
theatres. 


Powers  Returning  East 

Hollywood,  Dec.  22. — P.  A.  Pow- 
ers, president  of  Celebrity  Produc- 
tions, left  for  New  York  today.  He 
has  been  here  conferring  with  Ub 
Iwerks  on  the  production  of  the 
"Comic-Color  Cartoon"  series. 


Postpone  Amity  Action 

Examination  of  E.  W.  Hammons 
before  trial  of  Amity  Pictures'  action 
to  recover  rentals  alleged  to  be  due 
on  Tiffany  pictures,  rights  to  which 
were  acquired  by  Amity,  was  post- 
poned yesterday  to  Dec.  27. 


GROUP 


PICTURE 


c^^'r^T) 


How  tender  are  the  long,  lingering  nnennories  a 
GROUP  PICTURE  brings  back  .  .  .  Faces  .  .  . 
Faces  .  .  .  Faces  .  .  .  Of  congenial,  pleasant, 
friendly  people  ...  An  eternal,  human  land- 
scape of  a  glorious,  unforgettable  few  hours, 
dedicated  In  yesterday's  case,  to  Charity  and 
Service  to  humanity,  the  golden  keys  that  open 
the  padlocks  of  joy  and  happiness  In  the  heart 
of  the  receiver  .  .  .  The  A.M. P. A.  Christmas 
Party  GROUP  PICTURES  are  a  dollar  each, 
half  of  which  will  go  to  the  Film  Daily  Relief 
Fund.    .   .   . 


(T^if^s^ 


Send  or  Phone  Your  Orders  to 


FILM  DAILY  RELIEF  FUND  or    MARTIN  STARR 


1650    Broadway 
Tel.  Circle   7-4736 


International  Beauty  Pageant 
729  Seventh  Ave.,  BRyant  9-6024 


Acknov^ledgement  is  made  to  Drucker  and  Baltes,  photographers, 
for  their  generous  part  in  helping  make  this  percentage  arrange- 
ment  possible.    .    .    . 


MOTION  PICTURE 

DAILY 


Saturday,   December  23,    1933 


Code  Proffer 


ii 


Powerless," 
Says  Lowell 


(CaiifiMKirf  from   Mili'    1) 

tice,  based  on  block  booking  and  blind 
buying,  many  of  us  asked  to  have 
checked  by  the  motion  picture  code, 
but  instead  of  that  it  has  been  given 
a  certain  legal  sanction,  and  hence 
the  position  on  the  code  authority, 
which  I  feel  constrained  to  decline, 
is  virtually  that  of  a  powerless  on- 
looker at  conduct  which  he  can  neither 
change  nor  improve.  Moreover,  it  is 
expressly  provided  that  he  has  a 
voicCj  but  no  vote." 

Johnson  replied  that  block  booking 
had  been  upheld  by  the  Circuit  Court 
of  Appeals,  but  that  he  felt  Dr.  Low- 
ell could  be  of  great  public  service, 
nevertheless.  He  expressed  the  opin- 
ion that  the  10  per  cent  cancellation 
clause  would  remedy  some  of  the  con- 
ditions to  which  Dr.  Lowell  objected. 

In  replying  to  this  Dr.  Lowell  said: 

"The  right  of  exhibitors  to  cancel 
10  per  cent  of  the  product  is,  they  tell 
me,  futile;  because  it  is  perfectly  easy 
for  the  producers  to  put  in  10  per 
cent  of  films  which  the  exhibitors 
are  certain  to  reject  before  reaching 
the  objectionable  ones. 

"Your  letter,"  he  continued,  "con- 
firms my  impression  that  the  position 
on  the  motion  picture  code  authority 
which  you  offer  me  would  give  no 
opportunity  for  exercising  any  useful 
restraint  upon  the  production  of  films 
demoralizing  to  the  youth,  and  espe- 
cially the  children,  of  our  people ;  and 
that  any  report  of  existing  evils  would 
encounter  as  insuperable  obstacles  as 
did  our  petition  against  block-booking 
and  blind-buying." 


Washington,  Dec.  22. — Hope  that 
if  Dr.  A.  Lawrence  Lowell  had  actu- 
ally determined  not  to  serve  on  the 
Code  Authority  he  would  reconsider 
was  expressed  today  by  President 
Roosevelt  as  the  White  House  dis- 
closed that  it  is  still  without  any  noti- 
fication from  Lowell  as  to  what 
course  he  will  pursue,  although  news- 
paper dispatches  not  only  announced 
his  determination  not  to  serve  but 
published  also  the  correspondence  be- 
tween him  and  General  Hugh  S. 
Johnson. 

While  Lowell  in  Boston  was  mak- 
ing the  correspondence  public,  John- 
son in  Washington  declared  that  he 
had  not  yet  answered  the  last  letter 
received  from  the  educator  and  prom- 
ised he  would  publish  the  correspond- 
ence upon  its  completion. 


Poster  Hearing  Delayed 

Washington,  Dec.  22. — Postixjnc- 
ment  from  Jan.  3  to  Jan.  10  of  the 
public  hearing  of  the  code  for  the 
theatrical  poster  exchange  trade  was 
announced  today  by  the  National  Re- 
covery Administration.  While  the 
code  contains  a  number  of  trade  prac- 
tice provisions,  it  is  understood  that 
they  will  have  little  bearing  upon  the 
film  industrv. 


Rosenblatt  Arriving 

Deputy  Administrator  Sol  A.  Ro- 
senblatt arrives  from  Washington  this 
morning  to  spend  the  Christmas  holi- 
days at  his  home  in  Great  Neck.  He 
returns  to  the  Capitol  on  Tuesday. 


Golden  and  Freuler  Hold 
^34  An  Opportunity  Year 


No  Code  Action  by 
New  Jersey  Allied 


(Continued  from    Italic    1) 

ond,  not  to  sign ;  and  last,  to  sign 
with  reservations.  Decision  was  left 
to  individual  exhibitors. 

The  Allied  executive  states  there  is 
nothing  in  the  code  which  provides  for 
exhibitor  units  signing  the  code  and 
that  is  left  to  the  operator  to  choose. 
The  New  Jersey  unit  will  not  hold 
another  meeting  before  Jan.  10,  dead- 
line set  for  signing  the  code  in  order 
to  become  a  party  to  it,  and  since  no 
group  action  was  sought,  the  organi- 
zation will  not  sign,  it  is  presumed. 

Asked  whether  he  would  sign  for 
his  theatre,  the  Newton,  Newton,  Sam- 
uelson  said  he  hadn't  made  up  his 
mind  vet. 


lATSE  Files  Plaint 
Against  Dubinsky 

(.Continued  from   page   1) 

President  William  C.  Elliott._  The 
dispute  concerns  Dubinsky's  Missouri, 
Electric  and  Orpheum  theatres  in  St. 
Joseph,  Mo.,  Croft  said.  Stage  hands 
were  pulled  from  theatres  after  the 
lockout  of  operators  about  a  month 
ago,  it  is  charged.  John  Nick,  vice- 
president  of  the  LA.T.S.E.,  was  in 
St.  Joseph  today  seeking  an  amicable 
settlement,  in  which  event  the  charges 
will  be  dismissed. 


NRA  to  Send  Out 
Salary  Queries  Soon 

{Continued   from   page    1) 

the  film  industry  for  the  purpose  of 
gathering  data  for  its  investigation  of 
salaries  is  nearing  completion,  it  was 
learned  today.  The  forms  will  prob- 
ably be  distributed  shortly  after  the 
first  of  the  year. 

The  Administration's  salary  survey 
will  not  duplicate  the  study  being 
made  by  the  Federal  Trade  Commis- 
sion, but  rather  will  supplement  it, 
since  the  commission  is  investigating 
salaries  paid  executives  only,  while 
the  inquiry  ordered  by  the  President 
in  his  executive  order  approving  the 
code  will  go  into  employes'  salaries 
in  detail. 


Delaware-Maryland 
Men  Sign  the  Code 

(Continued  from  page   1) 

represented  must  also  abide  by  the 
code,  it  was  stated,  because  it  was 
signed   collectively. 

President  A.  Joseph  DeFiore  said 
the  code  should  be  given  a  fair  trial 
before  any  condemnation  was  at- 
tempted and  that  members  should 
carry   it  out   in   every  detail. 

A  membership  drive  is  planned  be- 
fore the  January  meeting. 


Oklahoma  Meeting  Jan.  3 

Oklahoma  City,  Dec.  22.  —  The 
Theatre  Owners  of  Oklahoma  holds 
its  first  annual  meeting  on  Jan.  3  in 
the  Oklahoma  Biltmore  Hotel  here,  at 
which  it  plans  to  adopt  the  code. 


By  JOHN  R.  FREULER 

(Continued  from   pane   1) 
flective  glance  in  the  direction  of  our 
mistakes  of  the  past — and  realize  that 
a  repetition,  under  whatever  auspices, 
will  not  guarantee  immunity. 

Majors  and  independents  alike  must 
be  permitted  to  work  harmoniously, 
with  interlocking  interests  and  a  mu- 
tual objective — and  there  is  room  for 
all! 

Not  all  pictures  of  the  future  can 
be  great  pictures — but  each  may  have 
the  benefit  of  wholesomeness,  general 
appeal  and  satisfy  the  vital  needs  of 
the  great  international  entertainment 
sense. 

Surely  1934  offers  great  opportunity 
alike  to  producers,  distributors,  ex- 
hibitors— yet  the  difficulties  along  the 
bright  new  road  may  be  most  ef- 
fectually surmounted  by  the  indus- 
try's first  principle  showmen ! 


By  EDWARD  GOLDEN 

(Continued  from   page   1) 

the  corner."  Opportunities  are  knock- 
ing at  the  door  of  those  who  are  will- 
ing to  accept  the  responsibilities  that 
are  so  necessary  in  life.  Yesterday  is 
gone.  Tomorrow  is  almost  here. 
Those  of  us  whose  faces  are  turned 
towards  the  East  from  which  a  new 
day  comes  every  day,  are  filled  with 
a  keen  appreciation  that  tomorrow  has 
in  store  for  us  an  appreciation  of  the 
responsibility   of  that   tomorrow. 

The  NRA  and  the  code  are  only  in- 
cidents in  the  progress  of  man.  We 
have  a  well-defined  objective  in  the 
new  year  and  that  is — to  be  just  a  lit- 
tle bit  better  than  we  were  in  the  old 
year. 


Million  Rise  in  Labor 
Seen  by  M-G-M,  Para, 

Hollywood,  Dec.  22. — It  is  esti- 
mated officially  the  cost  of  operating 
the  M-G-M  studio  will  go  up  $1,000,- 
000  next  year  under  the  code,  this  go- 
ing chiefly  for  labor.  Paramount  de- 
clares a  similar  increase  will  face  it. 
Accounting  departments  are  in  the 
midst  of  feverish  figuring  to  discov- 
er exactly  how  much  the  increase 
will  be  on  the  basis  of  the  first  week 
under  code  operation. 


Tale  of  Erpi  Control 
Of  Loew's  Denied 

Hollywood,  Dec.  22. — Denial  comes 
from  authoritative  sources  of  a  rumor 
placing  Erpi  in  control  of  Loew's.  The 
story  is  held  to  have  grown  out  of 
what  was  merely  a  transferring  of 
ownership  of  certain  of  the  latter's 
stock  to  parties  who  held  it  as  col- 
lateral. Erpi  is  said  to  hold  some 
$3,000,000  of  Loew  stock,  with  sev- 
eral other  firms  holding  similar  blocks. 


To  Answer  'Elysia*  Suit 

Baltimore,  Dec.  22. — Chief  Judge 
Samuel  K.  Dennis  of  City  Court  here 
today  signed  an  order  requiring  the 
Maryland  censor  board  to  answer  by 
next  Friday  a  suit  filed  by  Master 
Arts  Films  appealing  the  rejection  of 
"Elysia."  The  producers  claim  the 
nudist  film  is  educational  and  helpful 
in  health  problems.  Hearing  is  set 
for  Jan.  3. 


Sam  Barck  Declares 
Competition  Unfair 


(Continued   from   page    1) 

tributors  for  alleged  cancellation  of 
his  film  contracts  reaches  a  code 
grievance  board  is  that  he  is  the  vic- 
tim of  unfair  competition. 

Barck  contends  that  he  runs  pic- 
tures last  run  in  his  zone,  getting 
them  more  than  100  days  after  avail- 
ability. He  also  claims  his  contracts 
with  RKO,  Warners  and  Paramount 
permit  10  or  15-cent  admissions  at 
any  time.  He  further  contends  that 
his  contracts  were  fulfilled  until  com- 
petitors who  charge  15  to  22  cents 
complained  to  distributors  and  threat- 
ened cancellation. 

Paramount  asserts  its  contracts  pro- 
vide for  10-cent  admissions  for  mati- 
nees until  6  :30  only  and  for  children. 
Bookings  were  cancelled,  Paramount 
states,  when  it  was  learned  he  was 
charging  10  cents  from  6 :30  o'clock 
to  7  :30  o'clock.  None  of  Barck's  com- 
petitors are  affiliated  with  circuits. 

Warners  and  RKO  insist  their  con- 
tracts provide  for  15-cent  minimum 
adult  admissions  at  all  times. 


Cleveland  Flareup 
Brings  Out  Denials 

Cleveland,  Dec.  22. — With  inde- 
pendent circuits  denying  that  they  are 
overbuying  and  making  counter- 
charges that  subsequent  runs  are  vio- 
lating the  Cleveland  protection  plan, 
it  is  beginning  to  look  as  though  code 
grievance  boards  will  have  plenty  to 
do  when  they  get  started. 

Oil  was  poured  on  the  troubled 
waters  at  a  meeting  of  the  Cleveland 
M.  P.  Exhibitors'  Ass'n.  when  it  was 
denied  that  subsequents  would  bring 
charges  against  the  independent  cir- 
cuits or  that  they  would  form  a  minor- 
ity group  within  the  association. 
Meyer  Fischer  says  nothing  of  the 
kind  is  contemplated. 


Cincy  Orpheum  to  Open 

Cincinnati,  Dec.  22.— The  RKO 
Orpheum,  suburban,  dark  for  the  past 
year,  reopens  Dec.  24  as  a  second  run, 
playing  four  changes  weekly  at  IS  and 
25  cents  for  balcony  and  lower  floor. 

Joe  Goetz,  manager  of  the  RKO 
Paramount,  across  the  street,  will  also 
handle  the  Orpheum. 

Buddy  Winthrop,  of  the  division  of- 
fice publicity  department,  has  been 
made  Goetz's  assistant  at  the  Para- 
mount ;  Charles  Robbins,  chief  of  staff 
at  that  house,  becomes  assistant  man- 
ager of  the  Orpheum. 


After  Sennett  Studio 

Hollywood,  Dec.  22. — Majestic  has 
a  deal  under  way  to  lease  the  Sennett 
studios.  Other  deals  are  under  way 
for  studio  space,  but  nothing  will  be 
completed  until  after  the  first  of  the 
year.  The  company  has  eight  of  12 
pictures  yet  to  go  for  this  season 
and  plans  to  make  one  a  month,  pro- 
duction to  get  under  way  next  month 
on  the  first. 


Bennett  to  M-G-M 

Hollywood,  Dec.  22. — M-G-M  has 
signed  Constance  Bennett  for  one  pic- 
ture.   Bernard  Hyman  will  produce. 

Date  "Dinner  at  Eighf* 

"Dinner  at  Eight"  has  been  booked 
into  the   Capitol   starting  Dec.  29. 


The  Leading 
Daijy    ,.,„ 
^Newspaper 
of.  the 
Motion 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and    .  -'  . ,;  vK 
Faith fuH   B 
Service  to* 
the  Industry 
in  All 
Branches 


VOL.  34.    NO.  148 


NEW  YORK,  TUESDAY,  DECEMBER  26,  1933 


TEN  CENTS 


Expect  Flinn 
To  Get  Code 
I  Authority  Job 

Appointment  Looked  For 
At  Next  Meeting 


Appointment  of  John  C.  Flinn  of 
Paramount  as  secretary  of  Code  Au- 
thority, a  gov- 
ernment post 
which  pays 
$12,000  a  year, 
in  all  probability 
will  be  made  at 
the  next  session 
of  the  board, 
slated  to  be  held 
Jan.  4  at  the 
Bar  Association 
Bldg.  in  New 
York. 

Flinn's  name 
was  advanced  by 
major  represen- 
tatives at  the 
initial    Code    Authority    session    last 

{Continued  on  page  15) 


John  C.  Flinn 


Pre-Holiday  Slump 
Hits  Coast  Studios 

Hollywood,  Dec.  25. — Due  to  the 
pre-holiday  season,  with  producers  re- 
luctant to  have  many  pictures  overlap 
the  three-day  Yuletide  celebration, 
production  activity  took  a  nosedive 
for  the  week  ending  Dec.  23,  with 
but  32  features  and  nine  shorts  in 
work  as  compared  to  36  and  13  for 
the  previous  week. 

Resumption  of  normal  activity  is 
indicated  by  a  total  of  20  new  fea- 
tures in  final  preparation  scheduled 
to  start  shortly  after  the  first  of  the 
year.     Features    in   the   cutting   room 

(Continued  on  page  2) 


Lesser  Organizing 
16mm  Selling  Plan 

Hollywood,  Dec.  25. — Having  ac- 
quired the  exclusive  American  rights 
to  a  printer  that  will  reduce  35  mm. 
film  to  16  mm.,  Sol  Lesser  says  he 
will  launch  an  international  selling 
organization  to  distribute  16  mm.  film 
to     schools,     colleges     and     scientific 

(Continued  on  page  15) 


Coast  May  Ban  30% 
Of  Foreign  Writers 

Hollywood,  Dec.  25. — Investigation 
into  complaints  of  petty  chiseling  im- 
posed unon  many  members  of  the 
picture  colony  by  alleged  foreign  cor- 
respondents will  result  in  the  discpn- 

(Continued  on  page  16) 


Dry  Agitators,  Out  of 
Jobs,  Gunning  for  Films 


Press  at  Some  Code  Authority 

Meetings,  But  Not  at  Others 

The  press  will  sit  in  at  Code  Authority  meetings  and  then  again 
it  will  not.    It  all  depends  on  what's  on  the  tapis. 

Since  the  Code  Authority's  two  main  functions  will  be  adminis- 
tration and  to  act  as  a  court  of  appeals,  the  press  will  find  the 
doors  shut  tight  when  discussions  deal  with  administration.  How- 
ever, when  the  board  sits  as  a  court,  leg  men  will  be  invited  to 
report  the  proceedings. 

At  the  Jan.  4  session  of  the  board,  administration  only  will  be 
discussed,  and  hence  reporters  will  act  as  a  reception  committee. 


Kansas  City  Group 
Picks  Board  Names 

Kansas  City,  Dec.  25. — Nineteen 
names  have  been  submitted  by  Inde- 
pendent Theatre  Owners  of  Kansas 
City  for  membership  on  the  code  zon- 
ing and  clearance  and  grievance 
boards  in  Kansas-Western  Missouri. 
Nominations  were  sent  to  Division 
Administrator  Sol  A.  Rosenblatt,  and 
to  Charles  L.  O'Reilly  and  Nathan 
Yamins. 

For  appointment  on  both  boards  as 
a  member  not  connected  with  the  in- 

(Continued  on  page  15) 


Fox-Lloyd   Selling 
Deal  Is  Completed 

Negotiations  have  been  completed 
for  the  release  of  Harold  Lloyd's  fu- 
ture films  by  Fox.  The  first  under 
the  new  deal  will  be  "The  Cat's- 
Paw,"  based  on  a  Clarence  Budington 
Kelland  story. 

The  new  deal  was  handled  by  Wil- 
liam R.  Fraser,  general  manager  for 
the  Lloyd  Corp.  and  S.  R.  Kent  and 
John  D.  Clark  for  Fox.  Leslie 
Whelan,  who  was  on  the  coast  dur- 
ing part  of  the  negotiations,  returned 
(Continued  on  page  15) 


For  Cleaner  Advertising; 
Unworried  About  Foreign 


By  FRED  S.  MEYER 
President,  MJ*.T.O.   Wisconsin 

Milwaukee,  Dec.  25. — My  creed  for 
1934 : 
Resolved,  that  we  of  the  motion  pic- 
ture industry : 
Pledge  our  con- 
tinued support 
and  have  un- 
limited faith 
in  President 
Roosevelt.  Be- 
lieve in  the 
NRA  and  all  it 
purports  to  ac- 
complish. Live 
up  to  our  code 
as  now  set  up 
or  as  it  may 
be  hereafter 
amended.  Insist 
upon  rigid,  im- 
without    fear    or 


partial    enforcement. 


(Continued  on  page  2) 


By  FREDERICK  L.  HERRON 

Treasurer  and  Foreign  Manager, 

M.  P.  P.  D.  A. 

There  is  no  challenge  to  America's 
leadership  in  the  production  of  out- 
standing motion 
picture  enter- 
tainment as  the 
industry  enters 
1934. 

Improved  fi- 
nancial and  em- 
ployment condi- 
tions in  many  of 
the  countries  of 
the  world,  the 
firm  hold  which 
the  screen  has 
taken  upon  the 
imagination  of 
all  peoples,  and 
the  constantly 
higher  standard  of  entertainment  con- 
(Continued  on  page  2) 


Attack     Probably     Will 

Concentrate  Out  of 

Washington 


Washington,  Dec.  25. — Long  hairs 
and  "blue  noses"  quietly  have  been 
plotting  a  surprise  Christmas  gift  for 
the  industry.  It  is  confidently  ex- 
pected to  take  the  form  of  a  series  of 
attacks  on  films  from  censorship  and 
morality  angles  on  a  national  scale 
and  may  be  expected  to  break  into  the 
open  before  1934  passes  out  of  its 
swaddling    clothes. 

The  death-knell  of  prohibition  is 
the  explanation.  Dry  agitators,  who 
for  14  years  lived  well  and  waxed 
fat  on  funds  drawn  from  those  of  the 
public  who  had  committed  themselves 
to  the  prohibition  plank  now  find 
themselves  out  of  jobs  and  no  place 
to  go.  They  plan,  therefore,  to  pick 
in  wholesale  on  films  and  in  all  ways 
possible    to    make    capital    of    argu- 

(Continued  on  page  15) 


M-G-M  Dropping  All 
"Gar bo  Returns*'  Ads 

Because  "Garbo  Returns"  in  adver- 
tising of  "Queen  Christina"  had  been 
construed  by  exhibitors  as  a  reissue, 
M-G-M  has  taken  out  all  reference 
to  "returns"  in  posters  and  other  ad- 
vertising accessories.  The  company 
was  forced  to  discard  a  number  of 
posters  when  ads,  appearing  in  trade 
papers  referring  to  the  return  of  Garbo 

(Continued  on  page  2) 


Pickford-Griffith 
At  Bio  graph  Party 

Mary  Pickford  and  D.  W.  Griffith, 
both  of  whom  were  identified  with  the 
old  Biograph  Co.  during  its  heyday, 
will  be  guests  of  honor  at  a  reception 
tomorrow  afternoon  to  mark  the  re- 
opening of  the  completely  modernized 
and  rebuilt  plant. 

Others  scheduled  to  attend  include 
Amelia  Earhart,  Fannie  Hurst,  Henry 
Hull,  Moss  Hart  and  Nancy  Carroll. 


The  New  Biograph 

A  section  devoted  to  the 
new  Biograph  Studio  in  the 
Bronx,  latest  to  throw  its  hat 
in  the  ring  of  eastern  produc- 
tion, starts  on  page  3  in  this 
issue. 


MOTION  PICTURE 

DAILY 


Tuesday,   December  26,    1933 


MOTION  PICTURE 

DAILY 

CKcBistered    L".   S.   Patent   Oitice) 


Vol.   -'4 


December  2b,   19.>o 


No.   14S 


Martin  Quicley 
j'lditor-tn-Chief  and  Publisher 

MAURICE  KANN 

Editor 
JAMES  A.   CRON 
AJvertisinp  Manager        « 


Published  daily  except  Sunday  and  holi- 
days by  Motion  Picture  Daily.  Inc.,  sub- 
sidiary of  Uuigley  Publications,  Inc., 
Mart?n  cTuigleV-.  President;  Colvin  Brown, 
Vice-President   and  Treasurer. 

Publication  Office:  1790  Broadway  New 
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Daily  Inc.  Address  all  correspondence  to 
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liratinn^i-    MOTION   PICTURE   HERALD, 

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PICTURE  ALMANAC  and  THE  CHI- 
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Entered  as  second  class  matter  January 
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FitzPatrick  Talks 
Release  with  M-G-M 

James  A.  FitzPatrick  is  negptiating 
with  M-G-M  for  release  of  12  musical 
shorts  which  the  former  is  producing 
at  the  local  Fox  studio  with  RCA 
Photophone   sound   apparatus. 

Production  on  the  first  of  the  series, 
"Tschaikowsky,"  has  been  completed 
and  work  will  start  shortly  on  "Schu- 
bert." The  musicals  are  in  addition 
to  the  12  travelogues  produced  an- 
nually. 


For  Cleaner  Advertising; 
Unworried  About  Foreign 


By  FREDERICK  L.  HERRON 

(Continued  from  page  1) 

tent  in  the  pictures,  promise  a  suc- 
cessful year  for  the  industry  in  the 
foreign    field. 

The  fact  that  the  industry  produces 
a  world  product  and  commands  a 
world  market  has  given  obvious  ad- 
vantages to  its  operation  abroad  at 
the  present  time.  By  far  more  impor- 
tant is  the  fact  that  outstanding  Ameri- 
can films  now  depicting  the  great 
events  of  history  and  the  recognized 
classics  of  our  literature  and  the  stage 
are  setting  a  world  standard  for  qual- 
ity which  means  true  prosperity  for 
the  industry. 


By  FRED  S.  MEYER 

(Continued  from  page  1) 

favor.  Observe  the  clause  pertaining 
to  clean  advertising  so  that  we  may 
not  have  police  regulations  confront- 
ing us.  Work  in  closer  harmony  with 
the  Better  Films  Councils.  Exploit 
every  attraction  for  all  it  is  worth. 
Give  proper  recognition  to  the  short 
subject.  Play  outstanding  productions 
for  as  long  as  attendance  tnerits.  Get 
back  in  the  show  business. 

The  foregoing  is  my  creed  of  10 
points.  I  have  no  sympathy  for  the 
chiseler.  the  conniver  or  the  unscrupu- 
lous exhibitor  who  lies  awake  nights 
figuring  out  how  to  beat  the  code  or 
how  to  get  an  edge  on  his  competitor. 

I  pledge  my  best  efforts  and  con- 
tinued assistance  in  behalf  of  my  fel- 
low exhibitors  who  want  to  stay  in 
business  and  want  to  see  the  theatre 
remain  a  business  institution,  not  a 
grocery  store  or  exchange  for  rackets. 


M-G-M  Dropping 
"Garho  Returns"  Ads 

(Continued  from  pane  1) 

brought   exhibitor    complaints. 

If  "Queen  Christina"  is  not  released 
by  May  28  next,  it  will  mark  a  two- 
year  absence  of  Garbo  from  the  screen. 
Her  last  picture  was  "As  You  De- 
sire Me"  and  was  generally  circulated 
May  28,  1932.  The  picture  opens  to- 
night at  the  Astor.  Whether  it  will 
l)e  roadshown  depends  on  its  perform- 
ance at  the  Times  Square  spot. 


Col.  Doing  Music  Retake* 

Hollywood,  Dec.  25. — Columbia  is 
shooting  retakes  and  added  scenes  on 
"Let's  Fall  in  Love,"  with  Victor 
Schertzinger  stepping  into  the  di- 
rectorial post  formerly  filled  by  David 
Burton. 

The  additional  scenes  are  musical 
and  the  studio  makes  the  switch  be- 
cause of  Schertzinger's  musical  back- 
ground. 


Rubber  to  Film 

Hollywood,  Dec.  25.— This  is 
a   perfect   Hollywood   story. 

Several  days  ago  Jay  Lloyd 
crashed  the  M-G-M  gates  to 
sell  tires.  Someone  saw  him 
and  thought  he  was  good 
screen  material.  The  next 
day  he  made  a  test  and  today 
he  has  a  long  term  contract. 


Pre-Holiday  Slump 
Hits  Coast  Studios 

{Continued  from  page  1) 

total  49.  This  does  not  indicate  any 
cessation  of  cutting  room  congestion, 
with  43  reported  for  the  preceding 
week. 

M-G-M  heads  the  list  of  major 
studios  for  activity  with  eight  fea- 
tures in  work,  two  preparing  and  10 
cutting.  Paramount  and  Warners 
follow  with  five  each  in  work.  For- 
mer has  two  in  preparation  and  eight 
cutting.  Warners  have  one  prepar- 
ing and  five  cutting. 

Fox  reports  four,  four  and  five ; 
Radio,  three,  zero  and  eight ;  Colum- 
bia, two,  two  and  two;  United  Ar- 
tists, one,  zero  and  four ;  Universal, 
zero,  one  and  two ;  independents,  four, 
eight   and   five. 

Shorts  in  work  are:  M-G-M,  one 
working,  one  preparing  and  two  edit- 
ing :  Roach,  one,  zero  and  three ;  Uni- 
versal, zero,  one  and  two ;  Columbia, 
two,  one  and  two;  Radio,  zero,  two 
and  four ;  independents,  five,  four  and 


Milwaukee  Union  Signs 

Milwaukee,  Dec.  25. — Local  ex- 
hibitors have  reached  a  wage  scale 
agreement  with  the  operators'  union 
without  any  changes  in  wages  being 
paid  operators  in  classes  1,  2  and  3. 
Increases  have  been  made,  however, 
in  classes  4  and  5  with  booth  costs 
now  set  at  $52.50  per  36-hour  week 
in  class  5  and  $63  in  class  4  houses. 
The  contract  is  for  one  year. 


"Miss  Fane's  Baby" 
Release  Set  Ahead 

Hollywood,  Ucc.  25. — In  order  to 
cash  in  on  the  headline  news  of  recent 
kidnapings.  Paramount  has  moved  up 
release  date  on  "Miss  Fane's  Baby  Is 
Stolen"  to  the  first  week  in  January. 
The  studio  also  changed  Rupert 
Hughes'  original  ending  in  the  story 
to  a  happy  one,  visualizing  a  negative 
audience  reaction  to  seeing  Baby  Le- 
Roy  killed. 


Trading  Light — Slight  Decline 

Net 

High  Low  Close  Change 

f'oUimbia   Pictures,    vtc 24  24  24            

Consolidated    Film    Industries 2}^          2)4  2H        +  Vi 

Consolidated    Film    Industries,    pfd WA  W/z  WVi        —% 

Eastman     Kodak 80  79  79^        — M 

Fox    Film     "A" \2Vf  \2'A  UVu        +  H 

r.oew's    Inc 2954  29^  29)i        —  H 

>r-G-M.   pfd 20  20  20           -f2 

Pnthc    Exchange 1^         M  1^       —  Vi 

RKO    2'/^          2  2'A        

Warner    Bros !•%          S  5            —  l/j. 

Trans  Lux  Up  Five-Eighths  on  Curb 

Net 
High      Low      Close    Change 

General  Theatre   E<)uipment.   pfd .''/16        3/16        3/16     

Technicolor    S-K  M  8)i        

n-ans  Lux 2<4  2  2Vi        ^  Vf. 

Bond  Market  Shows  Slight  Gain 

Net 
High      Low      Close    Change 

General  Theatre  Equipment  6s  '40 i'A  2^  3^  -|-  % 

General  Theatre   Equipment  6s  '40,  ctf 2'/i         2'/!  2!/^  -t-  % 

Keith   B.    F.   65   '46 52  5VA  52  +2 

Loew's  6s  '41   ww  deb  rights 82  82  82  —  J4 

Paramount    Broadway   5'/is   '51 29'A  29'4,  29'A  —IVi 

Paramount   F.   L.   6s   '47 2854  285^  285^  +  Vs 

Warner  Bros  6s  '39  wd 39f4  38'/4  39'A  

(Quotations  arc  as  of  Saturday,  Dec.  23.) 


i  Purely 
Personal  ► 


MA.X  MILDER,  managing  director 
for  Warners  in  Great  Britain, 
arrived  in  New  York  Saturday  on 
the  MmiJmttan.  He  expects  to  be 
here  for  a  week. 

Lou  Metzger,  having  left  one 
summy  clime — San  Diego — is  planning 
a  vacation  in  another — Florida — be- 
fore returning  to  the  coast. 

Gene  Raymond  reached  town  Sun- 
day on  his  way  to  Europe.  Ivan 
Lebedeff  came  in  on  the  same  train 
for  a  holiday  visit  here. 

Jack  Cohn,  Columbia  vice-presi- 
dent, and  his  family  are  on  a  cruise  to 
Nassau,  Jamaica  and  Panama  on  the 
Roma.     They  left  Saturday. 

George  Broxbourne  and  Alfred 
PozNAMsi  have  sold  their  unproduced 
play,  "Ladies  Should  Listen,"  to  Para- 
mount. 

Mrs.  Phil  Kaufmann,  widow  of 
the  late  Phil  Kaufmann,  has  arrived 
from  Europe. 

Arthur  E.  Rusica,  Fox  manager 
in  Chile,  gets  into  town  today  on  the 
Grace  liner  Santa  Clara. 

J.  J.  Unger  is  the  latest  addition  to 
Governor  Ruby  Laffoon's  Kentucky 
colonels. 

Queenie  Smith  has  been  signed  by 
Vitaphone  for  a  musical. 


Sales 

100 
200 
100 
300 
200 

1.500 
400 
100 
300 

1,100 


Sales 

100 
100 
7U0 


Sales 

5 
4 
6 
1 

20 
3 

20 


Came  the  "Dawn*' 

The  Little  Carnegie  yesterday 
marked  the  opening  of  "Dawn  to 
Dawn,"  the  Josef  Berne  production, 
with  an  "all-independent"  program. 
Sponsors  at  the  opening  performance 
included  Berne,  Sinclair  Lewis,  Leo- 
pold Stokowski,  Gilbert  Seldes,  Mor- 
ris Gest,  Arthur  Garfield  Hays,  Dr. 
A.  A.  Brill,  John  Sloan,  Cornelia 
Otis  Skinner,  William  Zorach  and 
Louis  Alber. 


MacFadden  Gets  'Follies* 

Hollywood,  Dec.  25.  —  Hamilton 
MacFadden  has  replaced  Eddie  Suth- 
erland  as   director   of   "Fox   Follies." 


THE 
MAYFLOWER 

6l8t  STREET,  (Central  Park  West) 

New  York  City 


CONVENIENT  TO  THE 

FILM  AND 
THEATRICAL  CENTER 


1-2-3   Rooms.     Full  Hotel  Service 

FURNISHED    OR    UNFURNISHED 

By  the  Year,  Month  or  Day 


Serving  Pantries 
Electric  Refrigeration 


JOHN  W.  HEATH,  Manager 


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AND  tomorrow  the  New 
Biograph  Studio  throws 
open  its  doors  in  the  latest  of 
the  moves  in  what  is  the  rapid- 
ly-growing trend  to  return  to 
New  York  and  the  east  the 
place  of  importance  which 
they  deserve  in  the  produc- 
tion scheme  of  things. 


rage 


MOTION  PICTURE 

DAILY 


Tuesday,  December  26,   1933 


THE  Biograph  studio,  rich  in  the  his- 
tory of  the  industry  and  the  per- 
sonalities identified  with  its  growth, 
reopens  with  the  beginning  of  1934. 
Built  in  1908,  the  studio  was  the  home 
of  highly  Important  production  activities 
for  the  next  20  years.  The  lights  went 
down  on  Its  stages  last  in  1927,  when 
the  old  First  National  wound  up  its  final 
production  there,  was  combined  with 
Warner  Bros,  and  transferred  its  pro- 
ducing activities  to  Hollywood,  where 
the  dawning  era  of  sound  had  ushered 
in  a  new  period  in  the  industry's  growth. 

In  the  nearly  20  years  between  Its 
opening  and  the  coming  of  sound,  some 
of  the  most  spectacular  careers  in  fllm- 
dom  were  begun,  reached  their  climax 
or  faded  completely  by  and  in  the  work 
done  within  the  walls  of  Biograph.  To 
Biograph  In  1908  came  D.  W.  Griffith 
with  his  first  idea  for  a  motion  picture, 
a  film  version  of  the  opera  "La  Tosca." 
Unsuccessful  In  his  first  bid  for  screen 
enterprise,  Griffith  returned  to  Biograph 
the  following  year  and  remained  to  carve 
out  one  of  the  screen's  first  and  most 
Impressive  careers. 

After  him  came  such  early  film  nota- 
bles as  Florence  Lawrence,  later  adver- 
tised as  "The  Biograph  Girl";  Arthur 
Johnson,  James  KIrkwood,  Lottie  Pick- 
ford,  Mary  Pickford,  Herbert  Yost,  Mack 
Sennett,  Joe  Graybill,  Marion  Sunshine, 
Jeanle  McPherson,  Henry  Walthall, 
Frank  Powell,  Marion  Leonard,  Mabel 
Normand  and  Florence  LaBadie.  Sarah 
Bernhardt  and  John  Barrymore  were 
others  who  faced  the  cameras  on  the 
Biograph  lot. 

Through  the  years  Intervening  from 
1927  to  1934,  while  the  rest  of  the  pro- 
duction centers  were  suffering  the  grow- 
ing pains  brought  on  by  sound,  the  Bio- 
graph studio  remained  silent  and  unten- 
anted. With  all  the  hectic  period  that 
marked  the  industry's  transformation 
from  silent  to  sound  pictures  well  in  the 
past,  the  Biograph  studio  opens  again, 
equipped  with  the  latest  improvements 
for  talking  picture  production,  fitted  out 
from  basement  to  roof-top  studio  with 
all  the  paraphernalia  of  present  day 
production  as  approved  in  the  1934  stu- 
dio handbook. 

A 

THE  Biograph  studio  Is  a  hive  of  ac- 
tivity during  these  numbered  days 
just  prior  to  its  scheduled  reopening. 
Contractors  and  their  workmen  have  had 
possession  of  the  three  main  buildings 
for  the  past  three  months,  altering  and 
replacing  accommodations  and  equip- 
ment. The  work  Is  scheduled  for  com- 
pletion today,  and  film  industry  lumina- 
ries have  been  invited  to  inspect  the 
results  at  a  reception  tomorrow.  There 
will  be  a  week  of  comparative  quiet  at 
the  plant,  after  which,  on  Jan.  2,  Chester 
Erskine  and  his  production  company 
move  Into  the  plant  to  begin  work  on 
the  first  sound  picture  to  be  produced 
In  the  historic  and  now  rebuilt  Biograph 
studio.  The  production  Is  "Frankie  & 
Johnnie,"  and  will  probably  have  Tallu- 
lah  Bankhead  and  Helen  Morgan  in  its 
leads. 

Presiding  over  all  this  preliminary  ac- 
tivity has  been  Robert  H.  Hammer,  a 
pioneer  at  Biograph  since  its  1908  be- 
ginning, and  former  vice-president  and 
general  manager  of  the  studio.  He  will 
continue  In  an  executive  supervisory 
capacity  under  Blograph's  new  regime, 
having  charge  of  studio  administration 
and  renting  of  facilities  to  producers. 
A  number  of  assistants  also  endowed 
with  old  Biograph  experience  will  be 
associated  with  Hammer,  although  the 
ranks  of  technical  help  will  be  made  up 
of  newcomers  proficient  in  the  new  meth- 
ods of  production  which  were  unknown 
to  the  original  Biograph  plant. 

The    old-timers    at    Biograph    reveal    a 


The  NEW  BIOGRAPH 
MAKES  ITS  DEBUT 


By  SHERWIN  A.  KANE 


justifiable  pride  in  the  newly  outfitted 
studio.  To  them,  there  is  nothing  in 
Hollywood,  and  consequently,  nothing 
in  the  production  world  anywhere,  that 
excels  the  new  facilities  with  which  the 
new  Biograph  studio  has  been  equipped. 
On  a  tour  of  inspection  of  the  plant 
they  will  point  out  to  the  visitor  scores 
of  gadgets  and  contraptions  which,  they 
say,  are  still  unknown  to  some  Holly- 
wood studios. 

There  is  plenty  to  be  seen  at  the  new 
studio  and  its  warders  hold  out  noth- 
ing. Beginning  an  inspection  tour  at  the 
administration  building  which  fronts  on 
175th  Street,  adjacent  to  the  Bronx's 
Crotona  Park,  the  visitor  is  started  at 
the  basement  which  houses  commodious 
rooms  and  storage  spaces  for  equipment 
and  props;  complete  carpentry  and  ma- 
chinery rooms  for  filling  the  set  design- 
ers' requirements,  and  the  enormous  ven- 
tilating system  that  pumps  fresh  air  into 
every  section  of  the  studio  and,  in  hot 
summer  weather,  cools  stages,  offices 
and  rehearsal  rooms.  Here,  too,  is  lo- 
cated the  heart  of  the  fire  signal  and 
sprinkler  mechanism,  representing  the  lat- 
est development  of  its  kind,  which  op- 
erate throughout  every  nook  and  cranny 
of  the  extensive  plant.  Nearby,  in  this 
lower  level  of  the  administration  build- 
ing, is  one  of  two  light  control  boards, 
which  operate  every  lighting  unit  and 
electrical  appliance  in  the  studio,  as  well 
as  the  signal  system  for  silence  which 
flashes  into  use  in  all  sections  of  the 
studio  building  when  sound  shots  are 
being  taken.  A  second  light  control 
board  for  emergencies  is  located  in  the 
power  house  adjoining   the  studio   itself. 


On  upper  levels  of  the  administration 
building  are  business  offices  for  the  stu- 
dio's permanent  staff;  reserve  offices  for 
tenant  producers  and  directors;  a  fully 
equipped,  modern  projection  room  of 
comfortable  proportions  and  fittings;  the 
"barber  shop"  where  make-up  artists  will 
practice  their  magic,  so-called  because 
of  the  room's  barber  chair  fittings.  In 
this  section  of  the  studio,  also,  are  re- 
hearsal rooms,  cutting  rooms,  film  vaults 
and  a  restaurant.  On  the  roof  is  a  gym- 
nasium for  the   use  of  players. 

Connecting  directly  with  the  ad- 
ministration building  Is  the  studio 
building  proper.  The  principal  features 
of  the  four-story  structure  are  its  two 
large  stages  and  the  intervening  floor 
between  them  given  over  to  dressing 
rooms.  The  lower  stage  occupies  the 
second  floor  of  the  studio  building  and 
measures  I  18  feet  long  by  77  feet  wide, 
and  with  22  feet  of  headroom.  "Blanket" 
sound  proofing  is  used  throughout  the 
entire  stage.  It  has  been  outfitted  with 
every  appurtenance  known  to  modern 
production  methods,  which  aid  in  mak- 
ing the  work  of  camera  and  sound  crews 
of  the  highest  efficiency.  A  model 
monitor's  booth  is  the  pride  of  the  stu- 
dio guide,  although  he  will  also  com- 
ment pridefully  on  the  sun-arcs  which 
use  10,000  watt  incandescent  bulbs  of 
the   latest  silent  type. 

The  upper  stage  on  the  top,  or  fourth 
floor  of  the  studio  building  also  mea- 
sures I  18  feet  by  77  feet,  but  has  an  av- 
erage headroom  of  28  feet,  which  in- 
cludes 32  feet  of  headroom  at  the  center 
of  the  stage  for  a  width  of  46  feet  and 
for   the    entire    length    of   the    stage.      It 


Short  Is  the  airline  distance   between  the   new   Biograph   studio  and 

Tinries  Square,  the  theatrical  heart  of  New  York.     Short,  as  well,  is  the 

distance  by  subway  or  by  motor. 


is  equipped  in  much  the  same  manner 
as  the  lower  stage,  but  offers  the  further 
advantage  of  greater  headroom. 

Connecting  with  both  stages  are  cam- 
eramen's "dark"  rooms  for  loading  maga- 
zines. A  passenger  elevator  and  a  freight 
elevator,  the  latter  capable  of  carrying 
an  automobile  truck,  serves  both  upper 
and  lower  stages.  Both  stage  floors  are 
constructed  of  steel,  brick  and  concrete, 
of  exceptionally  heavy  design  to  care  for 
extra  heavy  floor  loads.  In  addition  to 
being  fireproof  throughout,  they  are 
sound-resisting  and  free  of  all  vibration. 
Both  stages  are  equipped  with  the  latest 
RCA  sound  recording  apparatus,  and 
RCA  reproducing  equipment  Is  also  used 
in   the   "preview,"  or  projection   room. 

A 
^OMMODIOUS  dressing  rooms  and 
^"  washrooms  occupy  the  entire  third 
floor  between  the  two  stages,  all  newly 
decorated  and  equipped.  The  south 
half  of  the  floor  Is  given  over  to  the 
women's  quarters  and  the  north  half  to 
the  men's  quarters.  For  each,  there  are 
accommodations  for  four  stars,  16  fea- 
tured players  and  an  indefinite  number 
of  extras.  Stars  rate  individual  outside 
rooms  with  comfortable  furnishings.  The 
professional  distinction  between  a  star 
and  featured  player  is  reflected  here  by 
the  location,  size  and  fittings  of  the 
quarters  designed  for  the  latter  classifi- 
cation, which,  although  their  quarters 
are  individual,  are  smaller,  inside  rooms, 
furnished  with  just  slightly  less  a  flourish 
of  hauteur.  The  featured  players'  rooms, 
however,  both  women's  and  men's,  are 
so  designed  that  they  can  be  toned  up 
a  bit  if  an  emergency  created  by  an 
"all-star"  production  ever  came  into 
being  and  demanded  additional  quarters 
for  the  unusual  number  of  stars.  "Like 
in  Marie  Dressler's  picture,  'Dinner  at 
Eight  O'clock',"  the  guide  amplified  ex- 
plicitly,   although    a    little   erroneously. 

The  further  professional  line  of  dis- 
tinction between  featured  player  and 
extra  is  also  evidenced  on  this  floor.  In 
this  instance  by  a  wall  which  separates 
the  private  dressing  rooms  of  the  fea- 
tured players  from  the  line  of  wall  mir- 
rors, dressing  shelves  and  chairs  set  In 
front  of  them,  which  comprise  the  ex- 
tras' quarters.  A  line  of  lockers  is  cen- 
tered in  the  room,  with  the  dressing 
shelves  and  facilities  on  either  side.  Al- 
though hardly  of  an  "exclusive"  classifi- 
cation, the  extras'  quarters  are  commo- 
dious,  efficient  and  comfortable. 

The  men's  quarters,  similar  In  arrange- 
ment to  the  women's,  carry  out  a  more 
repressed  decorative  scheme.  "That's 
because  men  are  not  so  fussy  as  women," 
the  guide  explained.  "Actresses  don't 
like  this  or  they  don't  like  that;  there's 
not  enough  light  or  there's  too  much 
light.  There's  no  pleasin'  'em.  They're 
forever  wantin'  the  color  of  the  ceiling 
changed  or  a  new  piece  of  furniture 
stuck  in  their  room.  Men  just  sit  down 
and  get  ready  for  work  and  when  they're 
through  they  sit  around  smokin'  and 
talkin'.      They're   easy  to    please." 

An  addition  to  the  dressing  quarters 
new  to  the  old  Biograph  layout  are  the 
musisians'  quarters.  Musical  directors 
have  rooms  of  their  own  and  storage 
places  and  files  for  music.  Their  rank 
of  importance  in  the  new  scheme  of 
talking  picture  production  at  Biograph 
Is  illustrated  by  the  size  and  location  of 
their  quarters — they  are  roomy  and  ad- 
jacent to  the  rooms  set  aside  for  male 
stars. 

A 
DOTH  stages  and  all  floors  of  the  stu- 
'-'  dio  building  are  connected  with  the 
administration  building,  which  Is  located 
directly  in  front  of  It.  To  the  rear  of 
the  studio  building  is  the  power  plant, 
a  model  of  up-to-the-minute  equipment. 
(Continued  on  page  IS) 


GALA  OPENING 
^/z DECEMBER  27th  of 


BIOGRAPH  STUDIOS 

807  East  175th  Street 

New  York 


the  WORLD'S 
FINEST  STUDIOS 

▼ 

Definitely  Establishing 

New  York  Production 

on  a  Large  Scale  and 

on  a  Sound  Business 

Basis 


fm^t 


J^ffFj/fHWf^^^ 


We  Extend  Our 
Sincerest  Good  Wishes 


to 


BIOGRAPH  STUDIOS,  INC 


J.   E.   BRULATOUR,   INC. 

EASTMAN    FILMS 

New  York  Chicago  Hollywood 


Producers/ 


The  Sound  Recording  is 

lali  <=>^ iJieutu 

^y  RC/I  VICTOR  -'  '•>- 

NEW 
BIOGRAPH  STUDIOS 


It  is  fitting  that  productions  in  these  great  modern 
studios  will  be  recorded  by  the  most  [advanced 
Hollywood  method|s  with  the  world's  finest 
sound  system— High  Fidelity  Sound,  by  RCA  Victor 


RCfl  VICTOR 

^^""^  CAMDEN,  N.  J. 

A  Radio  Corporation  of  America  Subsidiary 


THE  BIOCRAPH  STUDIO 
EMERGES  IN  NEW  DRESS 


Cutting    room 

from    another 

angle. 


Showing  ful 
depth  of  the 
lower  stage. 


(Congratulation s    to    the 

BIOGRAPH  STUDIOS,  Inc. 

from 

EASTMAN   KODAK  CO. 


lONSOLIDATED  PARK  was  planned  to  anticipate  the  growing  needs  of  a 
great  industry.  It  has  changed  film  printing  from  a  craft  to  a  science.  Every  known 
scientific  device  is  employed  to  assure  controlled  results.  Skilled  technical  and 
chemical  engineers  are  constantly  seeking  means  to  make  Certified  Prints  even 
finer  than  they  are.  So  huge  is  the  capacity  of  Consolidated  Park  that  more  than 
a  hillion  feet  of  film  prints,  upwards  of  10,000,000  stills  and  over  20,000,000 
photo-gelatin  lobby  displays  can  be  produced  each  year.  For  its  size,  equip- 
ment and  its  many  contributions  to  the  science  of  film  printing.  Consolidated 
Park  has  earned  its  reputation  of  "world's  greatest  film  laboratory'* 


C0N50MDATED    FILM   lNDU§TRIES,  INC. 


NEW  YORK 


HOLLYWOOD 


IdJel. 


com.e 


to  tke  ci^M.Jiui^t'cu  .  •  • 


XT'S  a  long  time,  Biograph,  since  we  opened. 
For  in  a  few  weeks  we  celebrate  our  twenty-fifth  anniversary. 
Since  1909,  when  we  established  our  business,  the  science  of 
making  motion  pictures  has  advanced  tremendously.  The  Philip 
A.  Hunt  Company  has  kept  pace  with  this  progress  and  throughout 
the  years  has  supplied  the  industry  with  the  photo  chemicals  best 
suited  to  its  changing  needs.  Film  laboratories  known  for  quality 
production  buy  their  photo  chemicals  from  Philip  A.  Hunt  Co. 


«  P  H  1 1. 1  P     \, 


UWT     COilP/lW¥» 


Established.    1909 
253-261     RUSSELL    STREET  •  •  • 

1076     1%'EST     DIVISION     STREET  •  • 


RROOKLYIV,    IVEWYORK 
•  CHICAGO,     ILL. 


onqratulatlon$ 

BIOGRAPH 

We  extend  our  sincere 
good  wishes  for  the 
complete  success  of  your 
enterprise. 

AGFA  RAW  FILM  CORPORATION 


AGFA  ANSCO    CORPORATION 

24B  West  55th  Street        Circle  7-4635-6-7      Factories  in  Binghamton,  N.Y. 


SUCCESS 


TO  THE  NEW 


BIOGRAPH  STUDIOS 

AND  ITS  MANAGEMENT 


MONOGRAM  PICTURES  CORP. 

RKO  BUILDING     ^     ^     ^     ROCKEFELLER  CENTER 

W.  RAY  JOHNSTON,  President 


BioGRAPH  Studios 

offer  producers  the  most  modern 
facilities  for  making  motion  pictures 


BIOGRAPH  STUDIOS  •  INC 

807  EAST  175th  STREET  •  NEW  YORK 


Tuesday,   December  26,    1933 


MOTION  PICTURE 

DAILY 


15 


Dry  Agitators, 
Out  of  Jobs, 
Gun  for  Films 


(Continued  from  page  1) 
ments  on  salacious  films  and  salacious 
advertising. 

Several  organizations  which  had 
been  devoting  their  activities  to  the 
unsuccessful  fight  against  the  return 
of  legal  liquor  face  extermination  un- 
less their  mentors  can  develop  in  a 
hurry  an  excuse  to  continue.  They 
think  they  have  got  it  in  motion  pic- 
tures. 


Buffalo,  Dec.  25. — "All  decent- 
minded  people  should  boycott  the  mov- 
ing pictures,  which  I  believe  are  ac- 
cepting huge  cash  subsidies  from  the 
brewers  and  distillers  in  an  effort  to 
fasten  the  drink  habit  upon  the  na- 
tion," Capt.  Edward  Page  Gaston, 
F.R.G.S.,  of  London,  founder  of  the 
World  Prohibition  Federation,  said 
at  a  "new  crusade"  banquet  of 
W.C.T.U.  leaders  in  Buffalo. 

"Every  film  I  have  seen  lately  plays 
up  the  jollity  of  alcoholism  before 
audiences  made  up  largely  of  im- 
pressionable  young   people." 


Musicians  Will  Get 
Baltimore  CWA  Jobs 

Baltimore,  Dec.  25. — Thirty  dollars 
a  week  each  will  be  paid  to  85  white 
and  50  colored  professional  musicians 
to  work  on  a  30-hour  week  basis.  The 
men  will  be  drawn  from  the  16,000 
men  allotted  for  employment  for  the 
Civil  Works  Administration  in  Balti- 
more. 

Judge  Thomas  S.  J.  Waxter  of  the 
Juvenile  Court  and  CWA  director  in 
Baltimore  explained  that  musicians 
are  just  as  much  eligible  for  work 
under  the  CWA  as  educators  and 
others.  The  plan  has  been  endorsed 
by  Harry  L.  Hopkins,  Federal  Relief 
Administrator  in  Washington,  who 
says  he  would  like  to  see  the  scheme 
made  nationwide.  Oscar  Appel,  presi- 
dent of  the  musicians'  union,  said  that 
100  per  cent  cooperation  would  be 
given  F.  R.  Huber,  municipal  director 
of  music  in  plans  he  has  submitted  to 
the  CWA. 


United  Newsreel  to 
Have  20  One-Reelers 

Twenty  one-reel  shorts  are  planned 
by  United  Newsreel  Corp.  for  release 
through  state  rights  exchanges.  Of 
this  number  13  will  be  known  as 
"Broadway  Gossip"  and  seven  will  be 
known  as  American  Explorers.  The 
latter  group  deals  with  interesting 
highlights  of  important  cities,  such  as 
New  York,  Washington,  Philadelphia, 
Boston,  Chicago,  New  Orleans  and 
Los  Angeles. 

V.  Warrington  Herz  is  president  of 
of  music,  in  plans  he  has  submitted  to 
president  and  treasurer. 


Weeks  in  New  York 

George  Weeks  is  in  New  York 
from  the  coast,  having  driven  east  to 
spend  the  holidays  with  his  children. 
Weeks  is  currently  out  of  the  business 
and  is  practically  recovered  from  a 
siege  of  arthritis  which  has  kept  him 
thinking  about  his  health  in  the  last 
two  years. 


TheNEWBIOCRAPH 
MAKES  ITS  DEBUT 


(Continued 
It  has  concrete-lined,  elevated  coal 
bunkers  of  800  tons  capacity,  from  which 
the  coal  is  fed  by  gravity  to  the  boilers. 
The  equipment  consists  of  four  hori- 
zontal water  tube  boilers.  150-foot 
brick  chimney,  coal  and  ash  conveying 
machinery  and  the  usual  motor-driven 
pumps,  all  with  ample  reserve  capacity. 
Adjacent  to  the  power  house  are  two 
elevated  water  tanks,  each  of  30,000 
gallons  capacity,  one  on  a  60-foot  tower, 
and  the  other  on  a  tower  100  feet  high 
to   meet   high    pressure    requirements. 

Steam  for  the  heating  of  all  buildings 
is  supplied  from  the  power  house  and 
there  are  ample  provisions  for  any  fu- 
ture building  extensions. 

The  electrical  equipment  of  the  power 
plant  consists  of  motor-generator  sets, 
switchboards  and  auxiliary  apparatus 
capable  of  delivering  all  direct  and  al- 
ternating electric  current  requirements. 
Transformer  equipment  is  in  a  separate 
fire-proof  vault.  Essentially,  every  bit 
of  the  power  house  equipment  is  newly 
installed. 

The  administration,  studio  and  power 
plant  buildings  will  constitute  the  operat- 
ing units  of  the  Biograph  plant  on  its 
reopening.  There  is,  however,  a  fourth 
large  building  on  the  lot,  but  this  will 
not  be  placed  in  operation  until  activi- 
ties at  the  studio  require  it.  The  fourth 
building  is  of  four  floors  and  a  pent- 
house. In  it  there  is  a  laboratory,  space 
for  extra  dressing  rooms,  wardrobe  and 
property  rooms,  carpenter,  paint  and 
machine  shops  and  scenery  storage 
space.  There  is  also  additional  storage 
space  and  six  film  storage  vaults.  At 
the  west  side  of  this  building  and  en- 
tirely separate  from  it  there  is  a  one- 
story  brick  and  concrete  fireproof  vault 
structure. 

Every  unit  on  the  lot  is  of  fireproofed 
construction  and  of  structural  detail  con- 
forming to  the  highest  type  of  building 
practice.  Every  unit  is  built  on  solid 
rock.  The  property  is  located  in  a  resi- 
dential neighborhood,  free  of  all  fac- 
tory, railroad  and  heavy  traffic  dirt  and 
noises. 

Hammer,  Biograph's  veteran  general 
manager,  made  a  detailed  study  of  pro- 
duction facilities  in  Hollywood  before 
work  was  begun  on  the  reopening  of  the 
studio  here,  and  views  the  completed 
Biograph  plant  as  offering  everything 
available  to  producers  anywhere.  He 
also  regards  the  New  York  location  of 
eastern  production  as  advantageous  in 
itself  to   producers. 


"P  ASTERN  production,"  he  said,  "has 
^  natural  advantages  which  cannot 
be  matched  anywhere  else  for  efficiency, 
economy  and  conveniences.  Now  it  also 
offers  all  the  technical  facilities  that  are 
used  for  production  of  any  type  of 
picture. 

"The  producer  working  in  the  east  is 
nearest  to  the  source  of  story  material 
in  both  book  and  play  form.  He  can 
investigate  these  sources  and  choose 
among  them  for  himself.  He  is  at  the 
center  of  the  greatest  skilled  labor  mar- 
ket In  the  world  and  close  to  all  the 
technical  developments  which  occur  in 
the  industry.  He  is  near  to  the  great- 
est new  talent  source  in  the  world,  which 
is  the  New  York  stage,  and  there  is  also 


3stab- 


frotn  page  4) 
available  to  him  the   proven    and 
lished  players  of  the  stage. 

"The  eastern  producer,"  he  concluded, 
"also  has  advantages  in  his  nearness  to 
the  finest  film  laboratories  in  the  world; 
to  the  source  of  supply  of  raw  stock,  and 
to  the  film  dTstribution  headquarters  of 
the  world.  In  addition  to  these  natural 
advantages,  we  believe  the  new  Bio- 
graph studio  offers  the  producer  every 
physical  accommodation  and  technical 
improvement  known  to  production  to- 
day." 


Erskine  to  Produce 
12-15  at  Biograph 

Between  12  and  15  pictures  will  be 
produced  by  Chester  Erskine  at  Bio- 
graph within  the  next  three  years, 
the  producer  tells  Motion  Picture 
Daily.  With  "Frankie  and  Johnnie" 
set  as  the  initial  working  vehicle,  pro- 
duction of  which  gets  under  way  Jan. 
2,  Erskine  is  now  looking  over  the 
current  list  of  available  plays  and 
books  for  his  second.  He  said 
financing  is  set.  Releasing  deals  for 
his  product  are  now  under  way,  the 
producer  stated,  and  he  expects  to 
sign  contracts  shortly. 

Erskine  recently  completed  "Mid- 
night" at  Biograph.  This  was  his  first 
independent  venture  in  pictures.  His 
first  association  in  the  field  took  place 
several  years  ago  when  he  worked 
with  Lewis  Milestone  during  produc- 
tion of  "Rain."  He  then  started  on 
"Hallelujah,  I'm  a  Bum"  for  United 
Artists,  but  Lewis  Milestone  com- 
pleted the  Jolson  vehicle. 

His  theatrical  career  started  at  the 
age  of  20,  when  after  majoring  in  arts 
and  laws  in  Union  University,  Erskine 
toured  the  country  with  a  Shake- 
sperian  company.  He  later  wrote, 
produced  and  directed  "Harlem" 
staged  "The  Criminal  Code"  and  later 
did  the  same  work  on  "The  Last 
Mile." 

At  26  he  was  made  the  production 
head  of  the  Daniel  Frohman  com- 
pany and  staged  "Stepdaughters  of 
War"  and  "He"  for  Theatre  Guild. 
Later,  he  became  production  head  for 
the  Erlanger  interests,  turning  out  "I 
Love  an  Actress"  and  "Never  No 
More." 


Fox-Lloyd   Selling 
Deal  Is  Completed 

(Continued  from  page  1) 

"The  Cat's-Paw"  will  be  made  at 
the  Metropolitan  Studios,  Hollywood, 
now  being  remodelled  by  General  Ser- 
vice Studios,   Inc. 

Kent,  Skouras  Return 

S.  R.  Kent,  Spyros  Skouras  and 
Walter  R.  Hutchinson,  managing  di- 
rector for  Fox  in  England,  arrived 
from  the  coast  on   Sunday. 

Kent  spent  about  three  weeks  on  the 
coast  realigning  the  studio  setup  so 
that  Winfield  Sheehan  is  again  in 
charge  of  all  story  selections.  Skouras 
has  been  discussing  theatre  reorgan- 
izations. These  will  be  completed  in 
the  spring,  he  said. 


Expect  Flinn 
To  Get  Code 
Authority  Job 


(Continued  from  page  1) 

Wednesday  and  met  opposition  by  in- 
dependents. The  unaffiliates  did  not 
mention  a  candidate  for  the  post  and 
it  is  understood  that  none  will  be 
offered  at  the  next  meeting. 

While  reports  have  been  circulated 
that  other  names  have  been  considered 
by  major  executives  for  the  secretary- 
ship, Flinn's  is  the  only  one  agreed 
upon  unanimously.  The  independents' 
protests  against  Flinn  has  no  bearing 
on  his  character  but,  it  is  said,  the 
method  of  electing  him  into  office 
without  giving  the  independents  a  say 
in  the  matter  was  the  reason. 

The  matter  is  now  in  the  hands  of 
a  committee  comprising  N.  M.  Schenck, 
Nathan  Yamins  and  George  J.  Schaef- 
er.  Selection  of  the  secretary  must 
be  unanimous.  Schenck  and  Schaefer 
are  for  Flinn  and  Yamins'  vote  is  now 
needed  to  put  the  Paramount  execu- 
tive into  the  authority  post. 

Kansas  City  Group 
Picks  Board  Names 

(Continued  from  page  1) 

dustry,  to  represent  the  public,  the  in- 
dependents chose  Judge  Merrill  E. 
Otis,  senior  judge  of  the  Federal 
court  for  the  western  district  of 
Missouri. 

Nominations  for  the  zoning  and  clearance 
board  follow:  Affiliated  distributors,  W.  J. 
Kubitzki,  Fox;  T.  R.  Thompson,  RKO.  Un- 
affiliated distributors:  R.  F.  Withers,  Mid- 
west Film  Distributors;  Harry  Taylor,  Col- 
umbia. First-run  exhibitors,  Lawrence  Leh- 
man, RKO  Mainstreet;  Elmer  Rhoden,  Fox 
Midwest.  Subsequent  runs:  Jay  Means,  pres- 
ident, I.  T.  O.;  Fred  Meyn,  Pershing,  Kan- 
sas City,  Kan.;  E.  E.  Webber,  Mary  Lue; 
Mrs.   A.   Baier,   secretary,  I.  T.  O. 

The  following  nominations  are  for  the 
grievance  board:  Affiliated  distributors,  Ar- 
thur Cole,  Paramount;  Frank  C.  Hensler, 
M-G-M.  Unaffiliated  distributors,  Harry 
Taylor.  Columbia:  William  Benjamin,  Uni- 
versal. Affiliatd  exhibitors,  Elmer  Rhoden, 
Fox  Midwest;  A.  F.  Baker,  fflectric,  Kan- 
sas City,  Kan.  Aunaffiliated  exhibitors,  E<t 
Dubinsky,  Dubinsky  Bros.;  C.  L.  McVey, 
Herington,  Kan. 

The  second  named  for  each  post  in 
each  classification  is  an  alternate.  In 
the  subsequent  run  exhibitor  group  in- 
cluded in  recommendations  for  the 
zoning  and  cleara'nce  boards,  Webber 
and  Mrs.  Baier  are  alternate  nomina- 
tions. 

A.  F.  Baker,  one  of  the  nominees, 
is  president  of  the  Kansas  Missouri 
Theatre  Ass'n.,  which  is  choosing  a 
list  of  its  own. 


Lesser  Organizing 
16  mm  Selling  Plan 

(Contiuucd  from  page   \) 

bodies  shortly  after  the  first  of  next 
year. 

Lesser  is  now  assembling  subjects, 
which  comprise  non-dramatic  educa- 
tional topics  made  here  and  abroad 
on  35  mm.  film.  During  his  recent 
trip  to  England,  Germany  and  France 
he  made  arrangements  for  exchange  of 
subjects  with  those  made  in  America. 

According  to  present  plans,  he  will 
have  approximately  100  distribution 
points  in  United  States  and  considers 
all  schools  and  colleges  having  16  mm. 
sound  projectors  as  his  prospects. 


MOTION  PICTURE 

DAILY 


Tuesday,   December  26,    1933 


"Women'' Has 
Big  Seattle 
Second  Week 


Seattle.  Dec.  25.— "Little  Women," 
in  its  second  week  at  Hamrick's  Blue 
Mouse,  again  took  top  honors  with  a 
gross  of  $6,000,  or  $2,000  over  aver- 
age. "Jimmy  and  Sally"  at  the  Paxa- 
mount,  with  Henry  Santry's  "Soldiers 
of  Fortune,"  on  the  stage,  was  good 
for  $6,500,  which  is  better  than  recent 
weeks. 

"Christopher  Bean"  was  disappoint 
ing  at  the  Fifth  Avenue,  takiii-: 
slightly  less  than  the  average  $7,00o 
The  Orpheum,  with  a  dual  bill  am! 
vaudeville,  was  below  par.  "The  Good 
Companions"  at  the  Roxy  was  pulled 
after  four  davs  and  was  replaced  by 
"Myrt  and  Marge"  and  "Broken 
Dreams." 

Total  first  run  business  was  $34,500. 
Average  is  $38,500. 

Estimated  takings  for  the  week 
ending  Dec.  16 : 

"LITTLE  WOMEN"   (Radio) 

BLUE  MOUSE-(950),  25c-35c-50c,  7  days 

2nd  week.    Gross:   $6,000.     (Average,  $4,000.) 

"CHRISTOPHER   BEAN"   (M-G-M) 

FIFTH    AVENUE— (2,450),    25c-40c-55c,    7 
days.     Gross:    $6,500.    (Average,   $7,000.) 
"S.O.S.   ICEBERG"    (Univ.) 

"THE    FIGHTING    PARSON"    (Allied) 

LIBERTY— (1,800),  10c-15c-25c,  7  days. 
Gross.    S3.750.     (Average,    $4,000.) 

"ONLY    YESTERDAY"    (Univ.) 

MUSIC  BOX— (950),  25c-35c-50c,  7  days, 
2nd  week.  Gross,  $4,000.  (Average,,  first 
week,    $4,000.)  ,„,    ,„    ^.  , 

"AGGIE   APPLEBY"    (Radio) 
"THE    MAD    GAME"    (Fox) 

ORPHEUM— (2,500),  25c-35c-50c,  7  days. 
Vaudeville.  Gross,  $5,000.  (Average, 
«7  000  ) 

"JIMMY    AND   SALLY"    (Fox) 

PARAMOUNT— (3,050),  25c-40c-55c,  7 
days.  Henry  Santry  ^nd  Band  on  stage. 
Cross:    $6,500.     (Average,    $6^.) 

"THE   GOOD    COMPANIONS"    (Fox) 

ROXY— (2,275),  25c-35c-50c,  4  days.  Gross: 
$2,250.     (Average   for   week,   $6,000). 

"MYRT   AND    MARGE"    (Univ.) 
"BROKEN    DREAMS"    (Monoffram) 

ROXY  (2,275),  25c-35c-50c,  3  days.  Gross: 
$2,500.    (Average  for   week,  $6,000.) 

"Bombshell,"  Show 
High  for  Montreal 

Montreal,  Dec.  25.— Box  office 
returns  held  up  well  despite  pre- 
Christmas  interference  and  a  cold 
snap,  the  Capitol  going  into  the  lead 
with  $10,000  on  "Bombshell,"  assisted 
by  a  stage  presentation.  Loew's  just 
ahout  broke  even  at  $10,500  with 
"Bureau  of  Missing  Persons"  and  six 
vaudeville  acts  while  the  Palace  was 
down  to  $9,000  on  "Take  a  Chance" 
and  "White  Wonian." 

Total  first  run  business  was  $36,500. 
Average  is  $39,000. 

Estimated  takings  for  the  week 
ending    Dec.    15: 

"BOMBSHELL"   (M-G-M) 

CAPITOI^-(2,547),     25c-35c-.50c-60c-75c.     7 
days.        Stage:        Dornberger's      Orchestra. 
Gross:    510.000.      (Average.   $9,000.) 
"MAEDCHEN   IN  UNIFORM"    (British) 

IMPERIAL— n.914).  25c  •35c- 40c -.SOc.  7 
days.     Gross:    $2.fXX).      fAverage.   $2,000.) 

"bureau   OF   MISSING   PERSONS" 
(Warners) 

LOEW'S  —  (3.115),  25c-35c-50c-65c-75c.  7 
days.  Vaudeville:  Ross  Wyse  Family; 
Reisman's  Alabamians;  Hal.  Young;  Fran- 
cis &  Walley;  O'Donnel  &  Blair;  Kay, 
Hamlin  and  Kay.  Cross:  $10,500.  (Average, 
$10,500.) 

"TAKE  A  CHANCE"   (Para.) 
"WHITE    WOMAN"    (Para.) 

PALACK--r2//)0i.  25c-35c-50c-r)Oc-75c.  7 
days.     Gross:   ^J.V.O.     (Average,  $11,000.) 

"THE  MAYOR  OF  HELL"   (Warners) 
"GOLDEN  HARVEST"  (Para.) 

PRINTE.S.S  -  (2.272).  2.5c-35c-S0c-6.5c,  7 
days.     Gross:   $5,000.     (Average.  $6,000.) 


Kansas  City — The  RKO  Mainstreet  turned  to  Motion  Picture  Daily's 
review  to  sell  "Little  Women."  This  blow-up  of  the  original  appeared 
out  front  during  the  run  of  the  picture. 


a 


Kansas  Defeats  All 
Anti-Film  Measures 

ToPEKA,  Dec.  25. — Not  a  single 
measure  harmful  to  the  film  industry 
was  passed  by  the  special  session  of 
the  Kansas  legislature,  which  ad- 
journed recently.  Several  bills  had 
been  opposed  by  the  industry,  how- 
ever. 

A  proposal  which  would  have 
changed  the  entire  system  of  censor- 
ship failed  to  rally  much  support. 
This  contemplated  grouping  of  films 
according  to  "moral"  classifications. 

Tax  measures  circumvented  were  a 
5  per  cent  levy  on  amusements,  in- 
cluded in  a  graduated  sales  tax,  and  a 
general  sales  tax  bill  assessing  a  3  per 
cent  levy.  For  a  while  it  appeared  the 
5  per  cent  tax  had  a  good  chance,  but 
the  legislators  balked  at  increasing 
or   levying   more   taxes. 

Legislation  was  enacted  to  bring  the 
Kansas  anti-trust  laws  and  other  stat- 
utes into  compliance  with  the  NRA 
for  the  term  of  the  national  recovery 
program. 


Canadians  Seeking 
Censorship  Appeal 

Toronto,  Dec.  25. — An  appeal 
board  of  seven  members  to  review 
censorship  cuts  is  being  sought  from 
the  Ontario  Government  by  distribu- 
tors of  American  films.  The  distribu- 
tors contend  that  they  are  put  to  heavy 
and  unnecessary  loss  in  shipping 
charges  and  customs  duties  on  prints 
imported  into  the  Dominion,  only  to 
be  condemned  by  the  Ontario  censor 
board. 

The  distributors  contend  they  are 
entitled  to  an  appeals  board  in  order 
to  avoid  as  many  cuts  as  possible. 

George  Thomas  to  M-G-M 

Hollywood,  Dec.  25. — George 
Thomas,  who  recently  resigned  as 
West  Coast  publicity  director  for 
Warners,  has  joined  the  M-G-M  press 
department   to   handle   trailers. 


Coast  May  Ban  30% 
Of  Foreign  Writers 

(Continued  ironi   pane   1) 

tinuance  of  studio  credential  cards. 

Investigation  disclosed  that  more 
than  30  per  cent  of  the  foreign  corre- 
spondents now  holding  Hays  office 
credential  cards  will  be  chopped  from 
the  list  after  the  first  of  the  year 
for  violating  rules  and  ethics  of  the 
Fourth  Estate.  A  number  of  these 
defaulters  have  been  discovered  to 
have  no  official  connection  with  fore- 
ign publications,  but  used  representa- 
tion of  them  as  an  "in"  to  the  studios 
where  they  begged  for  favors,  jobs 
and  sale  of  stories. 


Sitting"  Is 
Good  in  K.  C. 
With  $9,000 


Kansas  City,  Dec.  25. — Despite  in- 
dications the  pre-Christmas  slump  had 
already  set  in,  business  was  on  a 
fairly  even  keel,  three  of  the  five  first 
runs  hitting  above  par.  The  Newman 
had  a  strong  draw  in  "Sitting  Pretty," 
which  registered  $9,000  in  eight  days. 
"The  Prizefighter  and  the  Lady,"  a 
Midland  attraction,  was  average,  but 
drew  the  biggest  take  at  $10,000. 
"Only  Yesterday"  held  its  own  in 
a  second  week  at  the  Uptown. 

The  Apollo,  which  has  had  a  check- 
ered career  as  a  suburban  1,100-seat- 
er,  was  turned  over  to  a  first  run 
policy  with  "Emperor  J';ines."  At  25 
cents  admission,  twice  d  ily  and  four 
shows  on  Sunday,  the  '  .:ture  turned 
in   $2,500   and   was    heL 

Total  for  the  week  -V  as  $31,000. 
Average  for  the  five  first  runs  is 
$29,700. 

Estimated  takings : 

Week  Ending  Dec.  14: 

"LITTLE     WOMEN"      (Radio) 

MAINSTREET— (3,(M9).  25c-40c,  8  days, 
2nd  week.  Gross:  $6,000.  '(Gross,  1st  week, 
$12,000.)       (Average,    $7,0(^0 

"SITTING   PRETTY"    (Para.) 

NEWMAN— (1,800),  25c-/V)j,  8  days, 
plus  Saturday  midnight'  show.  Gross: 
$9,000.         (Average,     for    ^    -^^  ys,    $8,000.) 

Week  Ending  >»ej     15: 

"EMPEROR    JONES  "'(U.    A.J 

APOLLO— (1,100),  25c,  ;  ys.  Gross: 
$2,500.       (Average,    $1,700.)'" 

"THE    PRIZEFIGHTER   AND    THE 

"LADY"   (M-G-M) 
MIDLAND— (4,000).     25c,     7     days,     plus 
Saturday    midnight    show.       Gross:    $10,000. 
(Average,    $10,000.) 

"ONLY   YESTERDAY"    (Univ.) 
UPTOWN— (2,000),    25c-40c,    7    days,    2nd 
week.      Gross:    $3,500.      (Average,   $3,000.) 


House  Shifts  Drop, 
Believed  Good  Sign 

Drops  in  theatre  shifts  are  regarded 
as  a  good  sign.  Last  week  only  one 
changed  hands  in  this  territory,  ac- 
cording to  the  Film  Board  of  Trade 
records. 

Usually  there  are  at  least  five 
changes  a  week  at  this  time  of  the 
year,  but  for  the  past  seven  days  op- 
erators have  been  holding  onto  their 
hnii<i«>s. 


''U"  Plans  3  *'Shockers" 

Hollywood,  Dec.  25. — Universal 
has  a  trio  of  "shockers"  listed  for 
production  during  the  coming  season. 
They  are  "A  Trip  to  Mars,"  an  R. 
C.  Sherriff  tale;  "The  Return  of 
Frankenstein"  and  "The  Golem," 
which  was  once  made  as  a  silent. 
Boris  Karloff  is  scheduled  to  appear 
in  the  first  two  and  may  also  do  the 
third.  Carl  Laemmle,  Jr.,  believes  the 
public  is  clamoring  for  films  of  this 
nature. 


Holt  May  Go  to  England 

Hollywood,  Dec.  25.— Columbia  is 
understood  planning  to  send  Jack  Holt 
to  England  to  make  a  picture  for  the 
company. 


Big  Holiday  Week 
Jolts  Des  Moines 

Des  Moines,  Dec.  25. — Exhibitors 
here  are  united  in  giving  credit  to 
the  Federal  recovery  program  and 
Christmas  business  for  a  $30,000  total 
gross  for  the  five  first  runs — the  first 
total  that  high  for  several  weeks. 

Both  the  Des  Moines  and  Para- 
mount did  $8,000,  the  former  on 
"Female"  and  the  latter  on  "The  Pri- 
vate Life  of  Henry  VIII"  and  "Ever 
in  My  Heart."  The  average  of  the 
former  is  $6,000  and  of  the  latter, 
$7,000. 

The  Orpheum  did  $5,500  on  "The 
Invisible  Man,"  and  the  Garden, 
$4,000  on   "Penthouse." 

Total  for  the  week  was  $29,500. 
Average  is  $24,000. 

Estimated  takings  for  the  week 
ending  Dec.   16 : 

"^    "THE  INVISIBLE  MAN"   (Univ.)'"" 

ORPHEUM— (2.200).  10c-25c-35c,  7  days. 
Gross:   $5,500.      (Average.   $4,500.) 

"EVER  IN  MY  HEART"  (Warners) 
"THE  PRIVATE  LIFE  OF  HENRY  VIII" 

(U.A.) 

PARAMOUNT  —   (2..^00).     ]0c-35c-S0c,    7 
days.     Gross:  .$8^000.     (Average,  $7,000.) 
"FEMALE"    (F.N.) 
DES    MOTNES  —  (2.200).     10c-35c-50c,    7 
days.     Gross:  $8,000.     (Average,  $6,000.) 
"PENTHOUSE"   (M-G-M) 
GARDEN— (I. .TOO).     ]0c-25c-35c.     7     days. 
Gross:   $4,000.      (Average.   $3,000.) 

"LONE  COWBOY"  (Para.) 
STRAND— (1.900).      10c-2.Sc-3.5c.     7     days. 
Gross:    $4,500.      (Ave     ge,    $3,500.) 


Tupsday,   December  26,    1933 


MOTION  PICTURE 

DAILY 


17 


99 


Frisco  Takes 
Dip;  "Women 
Gets  $13,800 


San  Francisco,  Dec.  25.— The  pre- 
Christmas  drop  in  theatre  intake  hit 
this  town  last  week,  with  only  two 
theatres  managing  to  top  average,  and 
others  holding  on  with  prospects  of  a 
sorrier  week  ahead.  "Little  Women," 
at  the  Golden  Gate,  in  its  second  week, 
took  a  neat  $13,800,  considered  excel- 
lent. It  stayed  a  third  week  stanza. 
The  Fox  went  over  average  by  $2,700 
with  two  features,  headed  by  "Bitter- 
Sweet,"  and  10  vaudeville  acts,  with  a 
gross  of  $11,700.  The  Warfield's  $16,- 
000  with  "Female"  was  $3,000  under 
normal. 

Total  first  run  was  $71,000.  Aver- 
age is  $76,0ri. 

Estimated    takings: 

Wee     Ending  Dec:  12. 

"CR     '">LE  SONG"    (Para.) 

COLUMBb-v-  (1,200),  50c-75c-$l-50,  two-a- 
day,  2nd  week.  Gross:  $6,000.  (Average, 
$6,000.)  ,„    ..  , 

"LITTLE  WOMEN"   (Radio) 
GOLDEN     GATE— (2,800),    25c-35c-40c,     7 
days,   2nd   week.     Stage,   band.    Gross:    $13,- 
800.     (Average,    $12,000.) 

Week  Ending  Dec.  13: 
"TAKE  /    CHANCE"    (Para.) 
"I  WA  i  A  SPY"   (Fox) 
ORPHEUM— (  .000),    15c-35c-40c,    7    days. 
Gross:    $8,C00      (.Average,    $9,000.) 
"htAI-U-E"    (Warners) 
WARFIELD— (2,700),     25c-35c-55o-65c-90c, 
7  days.    Stai         and.    Gross:   $16,000.    (Av- 

--«^-  .f^'j^    -,^  SWEET-    (U.   A.) 
"16  FATFO'.ilS  DEEP"    (Monogram) 

FOX— (4,r  10c-15c-25c-35c,      7      days. 

Stage,    10    va^ieville    acts.     Gross:    $11,700. 
(Average,   $9,000.) 

Week  Ending  Dec.  15: 

"THE  WORLD  CHANGES"  (Warners) 

PARAMOUNT  —  (2,670),  15c-25c-30c-40c- 
55c,     7     days.     Gross:     $11,000.     (Average, 

"ADVICE  TO  THE  LOVELORN"  (U.  A.). 

UNITED  ARTISTS— (1,200),  25c-40c-50c. 
7  days,  2nd  week.  Gross:  $4,500.  (Average, 
$6,000.) 

"Women"  Is  Big  in 
Portland  Holdover 

Portland,  Dec.  25.— "Little  Wo- 
men" in  its  second  week  at  Hamrick's 
Music  Box  again  scored  a  heavy  in- 
crease over  average  receipts  with  an 
intake  of  $10,000,  or  three  times  bet- 
ter than  normal. 

"Footlight  Parade,"  in  its  sixth  and 
final  week,  held  Hamrick's  Blue 
Mouse  up  to  an  average  of  $2,000. 

"Hoopla"  and  "Take  a  Chance," 
double  bill  at  the  Paramount,  took  in 
$6,000,  or  $1,000  over  average. 

First  run  totals  for  the  week  were 
$30,500.    Average  is  $23,000. 

Estimated  takings  for  the  week  end- 
ing Dec.   15 : 

"FOOTLIGHT   PARADE"    (Warners) 
HAMRICK'S     BLUE     MOUSE-(669),     7 
days.  Gross:   $2,000.   (Average,  $2,000) 
"DANCING  LADY"   (M-G-M) 
BROADWAY— (1,912),  25c-35c-40c,  7  days. 
Gross:    $6,000.    (Average,   $6,000) 

"LITTLE    WOMEN"    (Radio) 
HAMRICK'S   MUSIC   BOX— (2,000),   25c- 
35c-40c,    7   days,    2nd   week.    Gross:    $10,000. 
(Average,    $3,000) 

"KENNEL    MURDER    CASE"    (Warners) 
"CHANCE    AT    HEAVEN"     (Radio) 
HAMRICK'S     ORIENTAL-(2,040),     25c- 
35c,    7    days.    Gross:    $2,000.    (Average,    $2,- 
000) 

"HOOPLA"    (Fox) 
"TAKE    A   CHANCE"    (Para.) 
PARAMOUNT— (3,008),       25c-35c-40c,       7 
days.   Gross:   $6,000.   (Average,  $5,000) 
"ADVICE  TO  THE   LOVELORN"   (U.  A.) 
UNITED   ARTISTS-(945),   25c-35c-40c,    7 
days.     Gross:   $5,000.  ,  (Average,  $5,000) 


Sneezes  Rib  Loose 

Hollywood,  Dec.  25.  —  Al 
Green  has  a  new  claim  to 
fame.  He  sneezed  himself 
into  a  broken  rib,  and  is  walk- 
ing around  with  a  coating  of 
adhesive  tape  to  prove  it. 


a 


Prizefighter"  Is 
Average  in  Omaha 

Omaha,  Dec.  25. — The  first  cold 
snap  of  the  season  kept  business  in 
average  range  at  most  of  the  first  run 
spots.  "The  Prizefighter  and  the 
Lady,"  along  with  "Sing,  Sinner, 
Sing,"  gave  the  World  its  best  week 
in  two  months  with  a  par  gate  of 
$5,850. 

Orpheum  also  ran  at  average  money 
with  a  dual  bill  of  "Take  a  Chance" 
and  "The  Mad  Game."  Gross  was 
about  $7,250.  The  second  week  of 
"Little  Women"  was  a  disappointment 
at  $4,500,  but  represents  a  gross  of 
around  $13,750  for  the  picture's  run. 

"Christopher  Bean"  at  the  Para- 
mount was  weak.  The  picture  did 
about  $6,750. 

Total  first  run  business  was  $24,- 
350.   Average  is  $25,600. 

Estimated  takings : 

Week  Ending  Dec.  13: 

"CHRISTOPHER    BEAN"    (M-G-M) 
PARAMOUNT— (2,900),       25c-35c-S0c,       7 
days.   Gross:   $6,750.    (Average,   $7,500) 

Week  Ending  Dec.  14: 
"LITTLE    WOMEN"    (Radio) 

BRANDELS— (1,100).    25c-35c-40c,    7    days. 
2nd  week.   Gross:  $4,500.    (Average,  $5,000) 
"TAKE    A   CHANCE"    (Para.) 
"THE    MAD    GAME"    (Fox) 

ORPHEUM— (3,000),  25c-35c-40c,  7  days. 
Gross:    $7,250.     (Average,    $7,250) 

Week  Ending  Dec.  15: 

"THE    PRIZEFIGHTER    AND    THE 

LADY"    (M-G-M) 

"SING,     SINNER,     SING"      (Majestic) 

WORLD— (2,200),  25c-35c,  7  days.  Gross: 
$5,850.    (Average,    $5,850) 


"Invisible"  Gets 

,000  in  Buffalo 

Buffalo,  Dec.  25.— Christmas  shop- 
ping time  plus  heavy  snow  and  near- 
zero  weather  put  a  crimp  in  the  show 
business  here.  "The  Invisible  Man" 
was  the  only  picture  to  top  normal, 
getting  $8,000.  at  the  Lafayette 
against  a  $6,500  average.  "Solitaire 
Man"  did  only  $1,200  in  three  days 
at  the  Century  and  was  yanked  for 
"Day  of  Reckoning,"  which  wasn't 
much  better. 

Total  first  run  business  was  $42,200. 
Normal  is  $47,500. 

Estimated  takings  for  the  week  end- 
ing Dec.  15 : 

"HER  SWEETHEART"   (M-G-M) 

BUFFALO-(3,500),  30c-55c,  7  days. 
Stage:  Donald  Novis,  William  Demarest 
and  Ruth  Mix,  Chilton  &  Thomas,  Three 
Cossacks.  Gross:  $15,000.  (Average,  $15,- 
000.) 

"THE   SOLITAIRE    MAN"    (M-G-M) 

CENTURY-(3,000),  25c,  3  days.  Gross: 
$1,200.    (Average   for   week.   $6,000.) 

"DAY  OF   RECKONING"    (M-G-M) 

CENTURY-(3,000),  25c,  4  days.  Gross: 
$2,300. 

"LITTLE   WOMEN"    (Radio) 

GREAT  LAKES-(3,000),  25c-40c,  7  days, 
2nd   week.   Gross:   $7,600.    (Average,  $10,000.) 
"WALLS   OF   GOLD"    (Fox) 

HIPPODROME^(2,100),  25c-40c,  7  days. 
Stage:  Aileen  Stanley,  Bob  Murphy  with 
Dick  and  Dorothy,  Oimas  Bros.,  Amando 
and  Lita  and  Gypsy  Rodenje;  Hickey 
Bros.  &  Co.;  Johnny  Bryant;  Six  DeCardos. 
Gross:    $8,100.    (Average,    $10,000.) 

"THE    INVISIBLE    MAN"    (Univ.) 

LAFAYETTE— (3,300),  2Sc,  7  days.  Gross: 
$8,000.    (Average,   $6,500.) 


"Women"  3rd 
Week  Boston 
Top,  $71,000 

Boston,  Dec.  25.- — Keith's  has  done 
the  impossible,  by  holding  highest 
rank  for  three  successive  weeks  with 
the  same  film,  "Little  Women,"  and 
has  grossed  $26,000  for  the  third  week, 
$10,000  above  average,  for  a  total  of 
$71,000  for  the  three  weeks.  With  the 
locale  only  a  brief  motor  ride  from 
Boston,  where  Louisa  Alcott's  home- 
stead is  one  of  the  sights  of  historic 
Concord,  Boston  has  flocked  to  the 
film. 

Metropolitan,  with  "Sitting  Pretty," 
was  second  high  for  the  week  with 
$8,000  above  average,  while  "Aggie 
Appleby"  at  the  Boston  and  "Should 
Ladies  Behave?"  at  Loew's  State  each 
grossed  $5,000  above  par. 

Total  first  run  business  was  $124,- 
000.    Average  is  $95,000. 

Estimated  takings  for  the  week  end- 
ing Dec.  14: 

"AGGIE   APPLEBY"    (Radio) 

BOSTON— (2,900),  25c-50c,  7  days.  Buddy 
Rogers  and  Cavaliers,  vaude.  Gross:  $21,- 
000.    (Average,   $16,000) 

"EVER    IN     MY    HEART"     (Warners) 
"LONE    COWBOY"    (Para.) 

FENWAY— (1,800),  30c-50c,  7  days.  Gross: 
$10,000.    (Average,   $9,000) 

"LITTLE  WOMEN"    (Radio) 

KEITH'S— (3,500),     30c-50c,     7     days,     3rd 
week.    Gross:    $26,000.    (Average,    $16,000) 
"SHOULD  LADIES   BEHAVE"    (M-G-M) 

LOEW'S  STATE— (3,700),  35c-50c,  7  days. 
Vaudeville.  Gross:  $21,000.  (Average,  $16,- 
000) 

"SITTING   PRETTY"    (Para.) 

METROPOLITAN— (4,350),  30c-65c,  7 
days.  Mae  Questel  and  revue.  Gross:  $36,- 
000.    (Average,    $28,000) 

"EVER    IN    MY    HEART"     (Warners) 
"LONE    COWBOY"    (Para.) 

PARAMOUNT— (1,800),  30c-50c,  7  days. 
Gross:    $10,000.    (Average,    $9,000) 


Holiday  Hits  Most 
Providence  Houses 

Providence,  Dec.  25. — It  may  be 
Christmas  for  some  folk,  but  for  ex- 
hibitors here  it  is  just  a  season  of 
growing  pains.  Bad  weather  and  shop- 
ping took  heavy  toll  of  profits  with 
all  houses  suffering  in  equal  propor- 
tion. 

"Little  Women,"  in  its  second  week 
at  the  RKO  Albee,  was  not  so  bad, 
catching  $5,500.  A  vaudefilm  policy 
at  Loew's,  spotting  "Should  Ladies 
Behave?"  did  only  $8,500.  The  Para- 
mount caught  $5,200  and  Fay's  about 
$6,000. 

Total  first  run  business  was  $31,200. 
Average  is  $38,500. 

Estimated  takings  for  the  week  end- 
ing Dec.   14: 

"LITTLE    WOMEN"     (Radio) 
RKO    ALBEE— (2,300),     15c-40c,    7     days. 
Gross:  $5,500.     (Average,  $7,000) 
"HOOPLA"    (Fox) 
"PUBLIC     STENOGRAPHER" 
(Chesterfield) 
MAJESTIC— (2,400),       15c-40c,      7      days. 
Gross:    $5,000.    (Average.    $5,000) 

"CRADLE   SONG"    (Para.) 
"IN     THE     MONEY"     (Monogram) 
PARAMOUNT— (2,300),     15c-40c,     7    days. 
Gross:    $5,200.    (Average,    $6.,500) 
"SHOULD  LADIES  BEHAVE?"  (M-G-M) 
LOEW'S  STATE— (3,800),  15c-40c,  7  days. 
Cass-Mack     and     Owen     on     stage.     Gross: 
$8..';00.    (Average,    $12,000) 
"FROM    HEADQUARTERS"    (Warners) 
FAY'S— (1,600).    ]5c-40c,    7    days.    Yvonne- 
Diane    Co.    and    Billy    Kelley    heading    stage 
show.    Gross:    $6,000.    (Average,    $7,000) 
"LOVE,    HONOR   AND   OH    BABY" 
(Univ.) 
"THE     MAN     THEY     COULDN'T     AR- 
REST"   (Heber) 
RKO   VICTORY— (1,600),    10c-25c,    4   days 
Gross:    $9,500.    (Average,   $1,000) 


Twin  Cities 
Tip  $14,000 
To  Crawford 


Minneapolis,  Dec.  25.— "Dancing 
Lady,"  playing  day  and  date  in  the 
Mmnesota  here  and  the  Paramount 
in  St.  Paul,  took  a  total  of  $14,000  last 
week.  Of  this,  $8,000  was  grossed  at 
the  Minnesota. 

"Havana  Widows,"  helped  by  Earl 
Carroll's  "Vanities,"  reached  $6,500 
at  the  RKO  Orpheum  here.  "Berkeley 
Square,"  as  a  straight  film  draw,  also 
took  $6,500  at  the  State.  "Little  Wo- 
men" held  up  to  $5,500  in  its  second 
week  at  the  St.  Paul  Orpheum. 

Minneapolis  grosses  totalled  $23,800. 
Average  is  $20,500.  The  five  St.  Paul 
houses  took  $17,000.  Average  is  $14  - 
000.    _  s         -p    , 

Estimated  takings : 

Minneapolis: 

Week  Ending  Dec.  14: 

"MEET  THE  BARON"  (M-G-M) 

*,^I^^Pr^''^*^'  .20C-25C,    7    days.    Gross: 
$1,500.    (Average,   $1,500.) 

"DANCING    LADY"     (M-G-M) 

MINNESOTA-(4,000),  25c-40c,  7  days 
Gross:    $8,000.     (Average,    $7,500.) 

Week  Ending  Dec.  15: 

"HAVANA   WIDOWS"    (F.    N  ) 

RKO  ORPHEUM-(2,900),  20c-40c.  7  days. 
Earl  Carroll's  "Vanities."  Gross:  $6,500. 
(Average,    $5,500.) 

"BERKELEY    SQUARE"    (Fox) 

,►.^.^■^'^-^2,300),    25c-40c,    7    days.    Gross: 
$6,500.    (Average,  $5,500.) 

"BITTER   SWEET"    (U.   A.) 
WORLD-(400),  25c-75c,  3  days,  2nd  week. 
Gross:   $600. 

"ELYSIA"    (Foy   Prod.) 
.n^'^^P^'^'^^'    25c-75c,    4    days.    Gross: 
$700.   (Average  for  week,  $1,300.) 

St.  Paul: 
Week  Ending  Dec.  15: 

"DANCING   LADY"    (M-G-M) 

PARAMOUNT-(2,300),  25c-40c,  7  days 
Gross:  $6,600.   (Average,   $5,000.) 

"TAKE   A   CHANCE"    (Para.) 

^.^J^^f^-'-^'^^'  25C-40C,  7  days.  Gross: 
$3,000.    (Average,   $3,500.) 

"LITTLE  WOMEN"    (Radio) 
RKO  ORPHEUM-(2,600),  20c-40c,  7  days, 
2nd    week.    Gross:    $5,500.    (Average,   $4,000.) 
"THE   CHIEF"    (M-G-M) 
TO\yER-(l,000),    15c-25c,   4   days.   Gross: 
$800.     (Average,    $800.) 

"THE    THUNDERING    HERD"    (Para.) 
TOWER-(1,000),    15c-25c,   3   days.   Gross: 
$700.    (Average,    $700.) 

"ICH   WILL  NIGHT   WISSEN   WER  DU 
BIST"    (Viennese) 
WORLD-(300),    25c-75c,    7    days.    Gross: 
$1,000.   (Average,  $1,000.) 


"Only  Yesterday" 
Fair  in  Oklahoma 

Oklahoma  City,  Dec.  25.— In  a 
week  of  falling  grosses  "Only  Yester- 
day," at  the  Midwest,  was  the  only 
attraction  in  town  to  reach  normal. 
The  take  was  $5,000. 

"Hoopla"  was  $600  under  at  the  Cri- 
terion and  "The  Prizefighter  and  the 
Lady"  was  down  $500  at  the  Capitol. 

Total  first  run  business  was  $13,- 
800.    Average  is  $15,000. 

Estimated  takings  for  the  week  end- 
ing Dec.   16: 

"ONLY    YESTERDAY"    (Univ.) 

MIDWEST-(1,500),       10c -26c -36c -56c.       7 
days.    Gross:    $5,000.    (Average,   $5,000) 
"HOOPLA"    (Fox) 
CRITERION-(1,700),     10c-20c-26c-36c-41c. 

..•i.D,7^l;,5r?4?-  *'''''°0-    (Average,  $5,000) 
"PRIZEFIGHTER   AND   THE  LAD'V'" 

(MG-M) 
CAPITOL-(1,200),     10c-20c-26c-36c-41c,     7 
'ALVi  ^"^AU^-I^-    (Average,    $3,000) 
WILD   BOYS   OF   THE  ROAD"    (F.   N) 

r  ^^^^'^FJ-^''5'»>'  I0c-15c-26c-36c,  3  days. 
Uross:   $1,000.    (Average   week,   $3,000) 

"HORSE   PLAY"    (Uiriv.) 
r^^^^^.'n~^}'^°°^-  10<=-15c-26c-36c,  4  day. 
Uross:    $900    (Average    week,    $3,000) 


usnering  in  its   policy  oi   I 
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that  will  d 
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symbol  tor 
in  sweepins' 
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Know  that 
as  pleasea  tc 
as   we    are 


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in  your  tract e  cen 

UNITED  ART 


ITS  ITS  STRIDE, 

u  PICTURES  ONLY 

wiae   trade   snowings  ♦  ♦  ♦ 


uy  establish 
ctures  as  a 
mt  IS  Hnest 
nincent  box- 
ment.  Vve 
tors  wtLL  be 
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:\ow   them. 


v/ngs  to  be  held 
om  your  nearest 

EXCHANGE 


20 


MOTION  PICTURE 

DAILY 


Tuesday,  December  26,    1933 


ii 


Tonight"  At 
$13,000  Tops 
Pliiladelphia 


Philadelphia.  Dec.  25. — "After 
Tonight,"  helped  by  a  stage  show, 
kept  the  Earle  gross  up  to  $13,000  last 
week,  the  only  spot  in  town  to  go 
over  normal. 

"As  Husbands  Go,"  with  Mary  Mc- 
Cormic  on  the  stage,  was  good  for 
$15,500  at  tlie  Fo.x.  Elsewhere  there 
were  split  bookings  and  weak  grosses. 
Total  first  run  business  was  $68,500. 
Average  is  $77,900. 

Estimated  takings  for  the  week  end- 
ing Dec.  14: 

"ADVICE  TO  THE  LOVELORN"  (U.  A.) 
ALDINE— (1,200),      40c-55c-65c,      6     days. 
Gross:   $6,000.    (Average,   $7,000.)     Last   two 
•  days    "Henry   VIII,"   $1,500. 

"^4EET    THE    BARON"    (M-G-M) 
(2nd    Run) 
ARCADIA— (600),      25c-40c-50c,      6     days. 
Gross:    $1,800.     (Average,    $2,400.) 

"IF   I   WERE   FREE"    (Radio) 
BOYD— (2,000),  40c-55c-65c,  6  days.  Gross: 
$8,500.    (Average,   $12,000.) 

"AFTER  TONIGHT"   (Radio) 
EARLE— (2,000),      40c-55c-65c,      6      days. 
Stage:     Gracie    Barrie,    Barto    and    Mann, 
Harmony     Co-eds,     Johnny     Woods,     Four 
Ortons.    Gross:    $13,000.     (Average,    $12,000.) 
"AS  HUSBANDS  GO"   (Fox) 
FOX— (3,000),   35c-S5c-75c,   6   days.    Stage: 
Mary    McCTormic,    Luisita    Leers,    Six    Dan- 
wills.    Ooss:    $15,500.    (Average,   $16,000.) 
"DAY   OF   RECKONING"   (M-G-M) 
KARLTON— (1,000),    30c-40c-50c,    6    days. 
Gross:    $2,700.    (Average,    $3,500.) 

"JIMMY  AND   SALLY"   (Fox) 
(2nd    Run) 
KEITH'S— (2,000),     25c-35c-40c,     6     days. 
Stage:    Five   acts   vaudeville.   Gross:   $5,800. 
(Average,  $7,000.) 

"SITTING    PRETTY"    (Para.) 
STANLEY— (3,700),    40c-55c-65c,    4    days. 
Gross:  $9,000.   (Average  for  6  days,  $12,000.) 
Last   two  days,   "Duck   Soup,"   $2,000. 
"INVISIBLE   MAN"    (Univ.) 
STANTO-V— (1,700),    30c-40c-55c,    3     days, 
2nd    week.    Gross:    $3,000.     (Average    for    6 
days,   $7,000.) 

Police  in  Columbus 
Close  Bingo  Games 

Columbus,  Dec.  25. — Bingo  and 
Keeno  games,  spots  where  admission 
has  been  charged  and  prizes  of  mer- 
chandise given  away,  have  been  closed 
by  the  police  after  a  two-month  fight 
in  which  exhibitors  have  complained 
of  heavy  losses. 

It  has  been  estimated  that  an  aver- 
age of  30,000  persons  per  week  have 
been  attending  these  games. 


Woodward  Returning 

Hollywood,  Dec.  25. — .Stacy  Wood- 
ward, in  charge  of  "The  Battle  for 
Life"  series  for  Educational,  is  enroute 
from  Wellington,  New  Zealand,  where 
he  has  completed  the  latest  of  the 
series,  dealing  with  wild  animals  in 
that  locale. 

Woodward  is  expected  to  arrive  in 
New  York  in  January. 


White  Prod,  to  Given 

Herbert  W.  Given's  new  corpora- 
tion will  handle  the  world  wide 
distribution  for  the  Tom  White 
Productions,  with  Henry  J.  Reiner, 
formerly  of  National  Screen  Service, 
in  charge  of  sales. 


Takiff  Busy  on  Plans 

Harry  Takiff  of  General  Pictures 
Corp.  of  California  has  extended  his 
New  York  stay  in  view  of  product 
deals  pending.  He  is  also  dickering 
with  agents  for  story  material. 


Hollywood  On  Parade 


By  BILL  SWIGART 


Hollywood,  Dec.  25. — Hollywood 
seldom  lets  the  rest  of  the  world 
know  of  the  many  heartbreaks  and 
resultant  tense  drama  that  occurs 
within  its  portals  daily.  For  exam- 
ple, in  Roy  Del  Ruth's  last  two  War- 
ner productions,  "Bureau  of  Missing 
Persons"  and  "Fingerman,"  approx- 
imately 22  people  were  engage_d  for 
roles,  who,  although  their  names  are 
not  printed  on  the  cast  sheet  and  few 
speak  a  line,  were  at  some  time  or 
another  in  their  careers,  stars  in  their 
own    right. 

In  one  courtroom  scene,  eight  of 
the  12  jurors,  none  of  whom  have  a 
line  of  dialogue,  have  been  leading 
men  at  some  time  in  their  stage  or 
screen  careers. 

• 

Frank  Capra  won't  admit  it  is  a 
superstition,  but  he  always  manages 
to  include  the  same  minor  bit  players 
in  all  his  pictures.  Those  fortunate 
to  be  on  this  preferred  list  are  Theo- 
dore Robinson,  Frank  Halliday, 
Sherry  Hall,  Tiny  Jones  and  Bert 
Starkey. 

• 

Isabel  Jewell's  sympathetic  love 
for  orphaned  dogs  was  expressed  in 
definite  terms  the  other  day  when  she 
called  upon  the  city  pound  to  collect 
her  own  strayed  mutt  and  emerged 
with  four  others,  which  she  will 
adopt  and  furnish  a  home. 
• 

Tired  of  being  an  actor,  Charley 
Chase  abandons  his  life  calling  to 
take  a  fling  at  directing.  His  first 
assignment  will  be  a  Billy  Gilbekt- 
Billy  Bletcher  short  for  Roach. 


Lloyd  Hamilton,  who  recently 
returned  to  work  after  a  six-month 
lay-off,  lays  claim  to  the  world's 
record  for  broken  legs  by  virtue  of 
having  suffered  no  less  than  27  frac- 
tures of  his  lower  limbs  in  the  past 
year. 

• 

Influence  of  English  actors  here  is 
changing  the  old  English  custom  of 
"five  o'clock  teas"  to  "five  o'clock 
cocktail  parties"  and  the  fad  is  catch- 
ing on  like  snow  to  a  rolling  snow- 
ball. Aside  from  its  social  advan- 
tages, layoff  actors  and  directors  adopt 
the  fad  for  mercenary  purposes.  If 
they  have  the  money  and  the  place, 
it  is  easy  to  invite  all  the  directors 
or  studio  executives  with  whom  they 
have  previously  worked.  During  the 
imbibing  session  the  host's  misfor- 
tune of  being  out  of  work  is  revealed 
in  a  subtle  manner,  resulting  usually 
in    landing    a   job. 


Desirous  of  a  new  slogan  for  his 
pictures,  a  producer  called  his  exploit- 
ation man  into  conference  and  said, 
"We  must  get  a  new  slogan  for  our 
product,  something  like  the  New  York 
Happiness  Candy  Co.  which  is  'Hap- 
piness In  Every  Box.' "...  "Easy 
Boss,  I  have  it,  how  about  'Hapiness 
In  Every  Can?' " 


They  tell  this  one  with  a  straight 
face  about  an  actor  who  i§  so  stingy 
that  when  he  goes  to  the  photograph 
studio  for  a  new  sitting  he  has  one 
side  of  his  pants  pressed  and  poses 
for  a  profile. 


NEIV  WRITER  ASSIGN'MENTS 
.  .  .  Howard  Estabrook  just  com- 
pleted "Biography"  for  M'-G-M  and 
is  moving  to  the  Charles  Rogers 
camp  at  Paramount  to  write  script  for 
"Green  Gold."  .  .  .  Mike  Simmons 
moves  to  Universal  for  "Love's  Inter- 
lude" to  be  produced  by  Stanley 
Bergerman.  .  .  .  Having  completed 
the  first  draft  of  "Gentlemen,  the 
King,"  for  20th  Century,  Gene  Towne 
and  Graham  Baker  took  a  week  off 
to  cook  up  another  original  yarn.  .  .  . 
Earl  Felton  and  Jack  Dormer  ele- 
vated from  reading  department  to  staff 
scenarists  at  Warners.  .  .  .  Ains- 
worth  Morgan  scripting  "Lady  of 
Tudor"  for  Radio.  .  .  .  Harry  Myers 
to  write  "Kansas  City  or  Bust"  for 
Paramount.  .  .  .  Laurence  Hazard 
to  "Gambler  Man"  and  S.  K.  Lauren 
to  "Sisters  Under  the  Skin,"  both  for 
Columbia.  .  .  .  George  O'Neill  dia- 
loguing "The  Behaviour  of  Mrs. 
Crane  at  Universal  while  Don  Ryan 
draws  the  assignment  to  write  script 
for  "Hill  Billies"  at  the  same  studio. 
.  .  .  VicKi  Baum's  "Hell  Hole,"  a 
story  based  on  a  Western  army  post, 
is  under  consideration  at  M-G-M  .  .  . 
Jack  Cunningham  and  Arnold  Bel- 
GARD  on  "Sidekicks"  for  Paramount . . . 
Frank  Partos  and  Ben  Arkow  on 
"The  Man  Who  Broke  His  Heart"  at 
Paramount. 


Selzer  Ends  Unit  System 

Hollywood,  Dec.  25. — Ed  Selzer, 
Warners'  new  publicity  head,  has  dis- 
continued the  unit  system  in  that  de- 
partment. 

This  is  the  first  studio  to  chuck  the 
usual  routine  of  assigning  each  man 
to  handle  publicity  on  definite  produc- 
tions. 

Under  the  new  system  the  p.a.'s 
work  on  a  pernianent  roving  assign- 
ment, turning  in  material  on  all  pro- 
ductions. 


Big  Pay  for  Barrymore 

Hollywood,  Dec.  25. — John  Barry- 
more's  one-picture  contract  with  Co- 
lumbia is  reported  to  call  for  $25,000 
a  week  on  a  two-week  minimum  basis, 
with  $5,000  per  day  thereafter.  This 
is  the  same  basis  of  pay  received  by 
the  actor  from  Universal  for  "Coun- 
selor-at-law." 


Christopher  in  Evans  Job 

Wilmington,  Dec.  25. — Roger 
Christopher,  manager  of  the  Federal 
of  Federalsburg,  Md.,  has  been  named 
secretary  and  treasurer  of  the  Inde- 
pendent M.  P.  Theatre  Owners'  Ass'n. 
of  Delaware  and  the  Eastern  Shore 
of  Maryland.  He  succeeds  E.  C. 
Evans    of    Milford,    Del.,    resigned. 


Buffalo  to  Open  Saturday 

Buffalo,  Dec.  25. — Thursday  open- 
ings are  out  in  Buffalo.  The  Lafay- 
ette, adding  vaudeville,  has  changed  to 
Saturdays,  and  so  has  the  Century, 
which  reverts  to  double  features  New 
Year's     week. 


Harry  Arthur  Returns 

Harry  C.  Arthur  arrived  from  the 
coast  Sunday  after  looking  over  thea- 
tre sites  there  and  in  the  middle  west, 
Louis  Cohen,  realty  agent  for  F.  &  M., 
returns  after  the  first  of  the  year. 


"Women"  Has 
Big  2nd  Week 
On  the  Loop 


Chicago,  Dec.  25. — In  a  week  in 
which  grosses  slumped,  the  only 
cheering  thing  on  the  local  box-office 
horizon  was  the  take  for  the  second 
week's  run  at  the  RKO  Palace  of 
"Little  Women."  After  an  opening 
week  of  $34,500  the  picture  crashed 
through  for  a  repeat  take  of  $28,000. 
B.  &  K.  immediately  grabbed  it  for 
the  Roosevelt  for  a  third  week  in  the 
Loop  and  negotiations  are  under  way 
which  may  keep  it  at  the  Roosevelt 
for  a  fourth  and  possibly  a  fifth 
week. 

Indicative  of  the  decline  in  grosses, 
the  past  week  is  the  take  at  the  B. 

6  K.  Chicago  which  took  only  $27,000 
with  "The  Prizefighter  and  the  Lady." 
at  $11,000  for  its  second  week  at  Mc- 
Vickers  "Only  Yesterday"  showed 
pronounced  strength. 

Total  first  run  business  was  $99,500. 
Average  is  $120,000. 
Estimated  takings : 

Week  Ending  Dec.  12: 

"MAN'S   CASTLE"    (CoL) 

ORIENTAL— (3,940),    30c-40c-60c,    7    days. 
Gross:     $10,000.         (Average,     $23,000.) 
"CHRISTOPHER   BEAN"   (M-G-M) 
UNITED  ARTISTS— (1,700),  30c-40c-60c,  7 
days.       Gross:    $15,000.       (Average,    $17,000.) 
"ONLY    YESTERDAY"    (Univ.) 
McVICKERS— (2,284),       30c-40c-60c,       2nd 
week,    7    days.      Gross:    $11,000.       (Average, 
$13,000.) 

Week  Ending  Dec.  14: 

"THE  PRIZEFIGHTER  AND   THE 

LADY"   (M-G-M) 

CHICAGO— (4,000),     35c-50c-68c,     7     days. 
Connie's    Hot    Chocolates   of    1933   on    stage. 
Gross:     $28,000.        (Average,    $34,600.) 
"LITTLE  WOMEN"   (Radio) 

PALACE— (2,509),    35c-50c-7Sc,    2nd    week, 

7  days.  Ken  Murray,  Hudson  Wonders, 
Alice  Dawn,  Abbott  on  stage.  Gross:  $28,- 
000.      (Average,   $22,000.) 

Week  Ending  Dec.  15: 

"PRIVATE    LIFE   OF   HENRY   VIII" 
(U.  A.) 

(Third  Loop  Week) 
ROOSEVELT-(l,591).        25c-35c-50c,        7 
days.      Gross:   $7,500.       (Average,   $11,000.) 


Fox  Has  Big  Plans 
For  Foreign  Films 

Ambitious  plans  for  foreign  lan- 
guage films  are  being  made  by  Fox, 
according  to  Clayton  Sheehan,  general 
manager  of  the  company's  foreign  de- 
partment. Its  Spanish  program  will 
list  films  with  casts  including  Jose 
Mojica,  Raul  Roulien,  Catalina  Bar- 
cena  and  Rosita  Moreno. 

A  number  of  French  pictures  have 
already  been  completed  at  the  Fox 
studios  in  Paris,  Sheehan  says,  with 
others  in  preparation.  Among  the 
completed  ones  are  "On  a  Vole  un 
Homme"  ("Man  Stolen"), with  Henry 
Garat  and  Lily  Damita,  and  "Liliom." 
In  Berlin  Fox  has  finished  production 
on  three  German  subjects,  with  three 
others  being  readied. 

Hold  Catalina  Barcena 

Hollywood,  Dec.  25.— Catalina  Bar- 
cena, leading  feminine  star  of  Spain, 
has  been  signed  for  two  more  Spanish 
features  by  Fox.  The  actress  arrives 
here  from  Spain  in  January  for  her 
first  assignment,  title  of  which  has  not 
yet  been  announced. 


The  Leading 

^Newspaper 
k  the 
Motion^  ^ 
Picture 
Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and 
Faithful 


Service  to 
the  Industry 
In  All 
Branches 


VOL.  34.   NO.  149 


NEW  YORK,  WEDNESDAY,  DECEMBER  27,  1933 


TEN  CENTS 


Compliance  Up 
To  Rosenblatt 
At  the  Start 


Will  Handle  Code   Until 
Authority  Functions 


Washington,  Dec.  26. — Matters  in- 
volving compliance  with  the  code  will 
be  handled  directly  by  Division  Ad- 
ministrator Sol  A.  Rosenblatt  until  ap- 
proval has  been  given  to  any  plan 
worked  out  by  the  Code  Authority  for 
dealing  with  such  problems. 

It  is  not  anticipated  that  compliance 
will  offer  much  difficulty,  and,  in  view 
of  the  experience  in  other  codified  in- 
dustries, such  complaints  as  are  re- 
ceived will,  for  the  most  part,  prob- 
ably be  due  to  misunderstandings  of 
the  requirements  of  the  code. 

It  is  the  practice  of  the  Recovery 
(Continued  on  page  4) 


Heavy  Rains  Severe 
Blow  in  Washington 

Seattle,  Dec.  26. — Show  business 
in  Seattle  and  throughout  the  western 
part  of  the  state  of  Washington  has 
been  seriously  hampered  during  the 
last  two  weeks  by  severe  rain  storms 
and  floods. 

In  Aberdeen,  Hoquiam,  Kent,  Au- 
burn and  similar  locations  the  streets 

(Continued   on  t"^!)^   "•) 


Little  Women  ^^  Stands 
Out  in  a  General  Slump 


With  business  tottering  throughout 
the  country,  due  to  the  holiday  in 
most  spots,  and  with  added  trouble 
caused  by  weather  in  others,  "Little 
Women"  again  stood  up  in  five  cities 
as  a  phenomenal  draw. 

In  its  fourth  week  at  Keith's,  Bos- 
ton, the  Radio  feature  grossed  $23,- 
000,  over  normal  by  $7,000.  In  Chi- 
cago, in  its  third  week  on  the  Loop, 
the  feature  grabbed  $15,000,  $2,000 
up,  at  the  Roosevelt.  San  Francisco 
first  runs  were  in  a  state  of  collapse, 
but  "Little  Women"  at  the  Golden 
Gate  took  $10,400,  a  good  gross  at 
any  time.  An  unprecedented  return 
engagement  at  the  RKO  Orpheum  in 
Minneapolis  sent  the  take  up  to  $7,- 
500,  and  at  the  Blue  Mouse,  Seattle, 
it  was  above  average  with  $3,500  in 
its  third  week. 

"My  Lips  Betray"  also  developed 
strength  at  the  Metropolitan  in  Bos- 
ton with  a  gross  of  $31,000,  and 
"Chance  at  Heaven"  was  a  bright  spot 

(Continued  on   page  8) 


Expect  Continuance 
Of  Cleveland  Plan 

Cleveland,  Dec.  26. — The  local 
protection  plan,  in  effect  since  Jan.  1. 
1932,  will  be  continued  under  the  code, 
according  to  the  understanding  of  ex- 
hibitors and    distributors    who    heard 

(Continued   on  page  4) 


''C.  a:'  Rules  Set 

Parliamentary  procedure 
will  be  the  rule  at  Code  Au- 
thority sessions.  The  com- 
mittee on  rules  of  Code  Au- 
thority, comprising  W.  Ray 
Johnston,  M.  H.  Aylesworth 
and  Ed  Kuykendall,  met  last 
week  and  decided  to  report 
favorably  on  this  plan. 

All  six  committees  are  ex- 
pected to  confer  this  week  on 
reports  to  be  submitted  at 
the  second  "C.A."  session 
Jan.  4. 


Still  Seek  Lowell 
For  Authority  Job 

Washington,  Dec.  26. — Apparent- 
ly still  hopeful  that  Dr.  A.  Lawrence 
Lowell  will  reconsider  his  refusal  to 
serve  as  Government  representative  on 

(Continued   on  page  4) 


Local  306  Holding 
Vote  with  Machines 

For  the  first  time  in  any  union  elec- 
tion, voting  machines  will  be  used 
today  in  the  annual  elections  for  new 

(Continued   on  page  4) 


New  Theatre 
Ads  Bringing 
Forth  Praise 


Results     of    McCarthy's 
Moves  Noticeable 


Functioning  of  the  new  M.P.P.D.A. 
department  for  regulation  of  all  ad- 
vertising and  publicity  matter  of  mem- 
ber companies  has  resulted  in  eliminat- 
ing lurid  and  sensational  illustrations 
and  text  from  metropolitan  newspaper 
advertising  to  a  degree  which  has  won 
the  notice  and  commendation  already 
of  interests  outside  the  industry. 

Individual  companies,  the  M.  P.  P. 
D.  A.  and  J.  J.  McCarthy,  head  of  the' 
new  department,  reported  yesterday 
that  favorable  comments  on  the  good 
taste  apparent  in  theatre  advertising  in 
New  York  newsoapers  is  received 
daily.  Much  good  will  from  unex- 
pected quarters  has  already  accrued  to 
the  industry  as  a  result  of  the  regula- 
tions and  is  believed  to  have  been 
heightened  by  the  elimination  of  ob- 

(Continued  on   page  8) 


Government's  Wheat 
Aid  Helping  Kansas 

Kansas  City,  Dec.  26. — With  Uncle 
Sam  pumping  almost  $4,000,000  into 
the  Kansas  wheat  country  last  week, 
film  distributors  here  look  to  a  revival 

(Continued  on  page  4) 


}\ammonSy  Met?:ger,  Sapersteiuy  Clayton  Sheehan  Think 
The  Economic  Tides  Are  Shifting  Toward  Better  Times 


By  EARLE  W.  HAMMONS 
President,   Educational 

We  may  with  good  reason  face  the 
with    more    cheer    and 


commg    year 


is   not   an   easy   year 


(Continued  on  page  2) 


confidence 
than  we  have 
known  for  the 
last  four  New 
Years. 

We  are,  per- 
haps, not  yet 
out  of  the 
woods.  But 
we  can,  at 
least,  see  the 
light  filtering 
through,  and 
we  can  be 
more  sure  of 
the  way  we 
are  going.  It 
that    we    have 


By  CHARLES  R.  METZGER 

Business    Manager,    Associated 

Theatre  Owners  of  Indiana 

Indianapolis,  Dec.  26. — The  vari- 
ous governmental  efforts  to  reduce  un- 
employment will 
u  n  d  o  u  b  t  edly 
mean  more 
spending  money 
for  many  citi- 
zens who  have 
lacked  entertain- 
ment for  sev- 
eral years.  If 
the  motion  pic- 
ture industry  can 
produce  a  suffi- 
cient amount  of 
good  product 
during  1934  to 
attract  new  and 
old  patrons  ev- 
erything will  be  satisfactory.  But 
(Continued  on  page  2) 


By  AARON  A.   SAPERSTEIN 

President,  Allied  Theatres  of 

Illinois 

Chicago,  Dec.  26. — The  year  1933 
brought  with  it  many  outstanding  events 
which  will  have 
considera- 
ble bearing  on 
all  industries  in 
the  future — each 
event  rendering 
an  optimistic 
touch  to  the  on- 
coming year. 

With  hundreds 
of  thousands  of 
men  being 
placed  at  work 
through  the 
Civic  Works 
Administration 
program  and  the 
eventual  circulation  of  millions  of  dol- 
(Continued  cm  page  2) 


By  CLAYTON  R.  SHEEHAN 
Foreign  Sales  M'g'r,  Fox 

Economically,  world  conditions 
in  general  are  sounder  than  they 
have  been  in 
years.  The 
nations  of  the 
earth  are  rap- 
idly getting 
over  their 

fears  and 
uncertainties 
and  are  work- 
ing together 
with  a  spirit 
of  mutual  co- 
operation and 
accomplishment.    As  a  result  the 

(Continued  on  page  2) 


MOTION  PICTURE 

DAILY 


Wednesday,  December  27,   1933 


MOTION  picT«M  Think  Economic  Tides  Are 
m3J\.m.  mj  \         Shifting  for  the  Better 


(Registered   U.   S.   Patent  Office) 


\ol. 


Decomber   Z7 ,    193.! 


No.    149 


Martin  Quigley 
Bditor-in-Chief  and  Publisher 

MAURICE  KANN         mb^ 
Editor  V-4^^ 

JAMES  A.  CRON 
Adt'crtisina  Manager 


I'ublished  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  Vork."  All  con- 
tents copyrighted  1933  by  Motion  Picture 
Daily,  Inc.  Address  all  correspondence  to 
the  New  Vork  Office.  Other  Quigley  pub- 
lications: MOTION  PICTURE  HERALD, 
BETTER  THEATRES,  THE  MOTION 
PICTURE  ALMANAC  and  THE  CHI- 
CAGOAN. 

Hollywood  Bureau:  Pacific  States  Life 
Building,  Vine  and  Vucca  Streets,  Victor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edztrin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charniaii, 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg,  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cli/f 
Holt.  Representative:  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
.Road.  (7.  Holmes,  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Rowland-Brice  Seen 
Planning  Coast  Series 

HoLLYU<X)D.  Dec.  26.— Monte  Brice 
and  William  Rowland,  here  from  the 
cast,  are  reported  planning  a  number 
of  pictures  on  the  coast,  the  first  to 
be  "Sweet  .Adeline,"  for  United  Artists 
release. 


Crawford  Coming  East 

Hollywood.  Dec.  26.  —  William 
Crawford,  head  of  the  legal  depart- 
ment of  Fox  studios,  is  slated  to  leave 
for  the  home  office  in  a  couple  of 
weeks,  where  he  will  be  permanently 
stationed. 

It  is  reported  he  will  he  spotted  in 
some  end  of  the  story  department. 

Two  G-B  Rum^Dated 

Two  Gaumont-British  pictures  are 
scheduled  for  simultaneous  Broadway 
-showings  during  the  week  of  Jan.  7. 
"The  Ghoul"  is  slated  for  the  Rialto 
and  "I  Was  a  Spy,"  being  released 
in  the  United  States  by  Fox.  opens 
at  the  Roxy  on  that  date. 


Seek  Schooler  Successor 

With  Dave  Schooler  quitting  the 
Roxy  as  master  of  ceremonies  after 
a  year  at  the  house,  another  m.c.  will 
replace  him  shortly.  Negotiations  are 
on  with  four  masters  of  ceremonies 
to  fill  the  spot.  One  will  be  decided 
on    within   the   next    few   days. 


Warners  to  Expand 

Hollywood.  Dec.  26.— Warners  are 
planning  the  construction  of  four  new 
stages  and  a  new  planing  mill  at  Bur- 
bank  next  month  at  an  apjiroximatc 
cost  of  $1,500,000. 


By   EARLE  W.  HAMMONS 

(Continued  from   page   1) 
ahead,  but  it  is  a  year  offering  more 
real  promise  than  we  have  had  at  any 
time  since  business  went  into  the  dol- 
drums. 

The  millions  of  dollars  that  are  be- 
ing added  to  the  pay  envelopes  of  the 
nation  through  the  activities  of  the 
XR.-X  are  not  going  to  give  the  films 
immediately  their  full  normal  share  of 
this  income.  Many  of  those  now  re- 
turning to  work  have  been  in  dire 
need.  Pressing  obligations  face  them. 
But  they  need  recreation  and  amuse- 
ment, and,  as  soon  as  the  most  urgent 
necessities  are  cared  for,  they  will  re- 
turn to  the  great  entertainment  of  the 
masses.  The  effect  of  this  should  soon 
begin  to  be  felt.  There  may  be  un- 
certainties to  be  faced  in  our  economic 
development,  but  of  the  general  pub- 
lic's willingness  to  patronize  good 
pictures  there  can  be  no  question.  As 
the  general  well-being  of  the  public 
improves,  the  picture  industry  must 
follow. 

.\nA  in  spite  of  any  economic  un- 
certainties, we  must  recognize  that  the 
nation  is  moving — and  in  the  right 
general  direction.  The  setting  up  of 
tlie  Code  .\uthority  should  prove  of 
tremendous  value  to  the  industry  in 
the  next  year,  for  it  will  eliminate 
many  of  the  harmful  and  unethical 
practices  that  have  hampered  it  in  re- 
cent years.  In  this  factor,  also,  it  may 
be  a  little  while  before  the  full  effect 
is  shown  in  the  betterment  of  the 
picture  business,  but  we  must  not  un- 
derestimate the  importance  of  the 
operation  of  the  Code  Authority. 

.As  I  see  the  coming  year,  the  signs 
are  not  signs  of  immediate  rosy  hue, 
but  they  are  signs  pointing  to  gradual 
and  steady  improvement.  The  year 
1934  will  be  a  year  of  specialization. 
With  conditions  what  they  are,  only 
the  best  product  can  hope  to  succeed, 
in  pictures  as  elsewhere.  But  with  the 
Code  .Authority  functioning  and  with 
an  undoubted  general  improvement  in 
public  morale  and  with  millions  re- 
turning to  work  and  swelling  the 
country's  pay  envelope,  the  picture 
industry  may  launch  ff)rth  into  1934 
without  fear. 


By  CHARLES  R.  METZGER 

(Continued  from   page    1) 

"mine  run"  or  worse  product  will 
prove  a  distinct  loss  to  the  producers, 
distributors  and  exhibitors  who  at- 
tempt to  force  it  upon  a  most  unwill- 
ing public.  Experience  during  the  de- 
pression has  demonstrated  that  real 
pictures  still  find  a  profitable  market, 
but  no  other  kinds  are  accepted. 

Our  NR.\  code  offers  a  splendid  op- 
portunity for  constructive  work  in  the 
direction  of  greater  harmony  and 
sounder  business  ethics  for  the  motion 
picture  industry.  Whether  good  will 
come  out  of  this  or  it  will  vanish  into 
the  realm  of  the  many  other  panaceas 
offered  for  this  industry  will  depend 
upon  the  courage  and  integrity  of  the 
members  of  this  industry  who  are 
charged  with  carrying  out  its  details. 
The  rank  and  file  of  exhibitors  are 
hopeful  and  may  be  counted  upon  to 
devote  their  best  efforts  toward  mak- 
ing it  a  success.  The  success  of  the 
whole  governmental  program  for  the 
country  will  have  a  marked  effect  upon 
the  motion  picture  industry.  The  in- 
dustry enters  1934  with  high  hopes  for 
peace  and  fairness  among  its  branches 
and  slightly  better  business  on  the  up- 
ward trend  during   1934. 


By   CLAYTON   R.  SHEEHAN 

(Continued   from    f^acic    1) 

public  everyvs'here  is  more  defi- 
nitely interested  in  entertainment. 
We  are  confident  that  overseas 
business  is  definitely  headed  up- 
ward. Even  more  completely  than 
in  the  past  we  have  laid  plans  to 
meet  every  need  of  that  market. 


By  AARON  A.  SAPERSTEIN 

(Continued  from   page    1) 

lars  representing  salaries  which  these 
men  will  receive,  the  amusement  world 
can  face  the  year  1934  with  a  marked 
degree  of  renewed  courage. 


Berkeley  Made  Director 

Hollywood^  Dec.  26. — Busby  Berk- 
eley has^  been  elevated  to  a  director 
at  Warners. 


Issues  Slump  in  General  Decline 

Net 

High  Low  Close  Change 

Consolidated    l'"ilm   Indu.stries 254  2^^  2J^  —'4 

Consolidated    Film    Industries,   pfd 10^  10  10  —'A 

Eastman    Ko<lak    79i4  77^  78^  —  H 

Fox    Film    "A" WA  12  12  --  Vf. 

IxK-w's.    Inc 29A  29  29  ~  V4 

l.oew's,   Inc..  pfd 73  7.1  73  

Paramount    Publix   V/s  Ws  Wi  —  '/4 

Pathe   Exchange    V/2  IK  V/i  —  Vt. 

Pathc   Exchange  "A" 1054  10  10  — IJi 

RKO   2Mi         2  2  —Vi 

Warner   Bros SVi,  4Vit         4J^  —  '/8 

Warner   Bros.,   pfd ]SA  15'/5  15'/i  —4 

Trading  Light  on  Curb 

Net 
High      Low      Close     Change 

(kneral   Tlicatrc   E(|iiipmenl.    pfd 3/16        3/16        3/16     

Technicolor    8V2  8^  &'/2        —  '/i 

Trans   Lux    2'/  2'A  2Vi,        —  V» 

Paramount  Publix  Bonds  Up  Two 

Net 

Hich  Low  Close  Change 

General   Tlieatre    Equipment   6s   "40 .V/,  2Vf,  3M  ... 

General   Theatre    Kquipnient   6s    '40.   ctf 3  2H  3  -\-  '/i 

Keith    B.    F.    6«    '46 51%  51  51  —1 

I^ew's  6s.   WW    del)    rights 82  82  82  

Paramount    Hroadwav   S'/^s   '51 29'/4  29  29^  -^  M 

Paramount    F.   L.   6s   '47 29!4  28  29  -fl 

I'aramount    Publix   5'/^s   '50 30!4  29  30'/2  4-2 

Warner    Bros.    6s    '39.    wd 39!/J  38  .18  —\% 


Sales 

400 

600 

2.500 

1.100 

1.400 

100 

5.600 

500 

200 

500 

1.400 

100 


Sales 

200 
200 
200 


Sales 

30 
3 
7 


i  Purely 
Personal  ► 


SAM  SAX  will  play  host  Friday 
to  this  year's  winners  of  the  news- 
boy contest  sponsored  by  the  Evening 
Express,  Press  Herald  and  Sunday 
Telegram    of    Portland.    Me. 

Pat  Garyn  is  off  to  Florida.  A 
two  weeks'  vacation.  Yesterday's 
snow  fall  had  nothing  to  do  with  it, 
says  Pat. 

Si  Seadler  returned  yesterday  from 
his  Miami  vacation  with  a  coat  of 
tan  on  his  face  and  a  heavy  overcoat 
on  his  back. 

Max  Milder,  Warner's  British 
chief,  is  in  Cleveland  where  his 
mother  died  recently. 

RoBEKT  E.  Long  leaves  for  Balti- 
more today  to  put  on  the  "Roman 
Scandals"  campaign  at  the  Stanley. 

Gene  Raymond  will  be  at  the  wel- 
coming end  of  a  cocktail  party  at  the 
Warwick  this  afternoon. 

Walter  Eberhardt  and  the  missus 
are  back  from  a  vacation  at  Nassau. 


Held  for  Assault 

Toronto,  Dec.  26. — Irving  Field, 
owner  of  the  Duchess,  together  with 
three  others  alleged  to  have  been  his 
accomplices,  has  been  committed  for 
trial  here  on  a  preliminary  court  hear- 
ing on  a  charge  of  assaulting  Angel 
Lester,  owner  of  the  King.  The  court 
refused  to  accept  a  plea  of  guilty  by 
two  of  the  accused,  Harry  Sloan  and 
Gordon  Duncan,  pending  an  investi- 
gation. It  is  hinted  the  feud  which 
led  to  the  alleged  attack  on  Lester 
during  a  performance  in  his  theatre 
was  an  outgrowth  of  the  present  ad- 
mission price  war  in  Toronto. 


For  Roosevelt  Celebration 

H.  Wayne  Pierson.  vice-chairman 
of  the  Democratic  National  Commit- 
tee, stage  and  screen  division,  has 
been  named  director  of  stage  and 
screen  activities  in  connection  with  the 
"National  Birthday  Ball  for  the  Pres- 
ident" to  be  made  nationwide  on 
Jan.  30.  Colonel  Henry  L.  Doherty 
is  national  chairman.  Will  H.  Hays 
and  Will  Rogers  are  on  the  national 
committee,  while  Charles  L.  O'Reilly 
is  chairman  of  the  exhibitors'  com- 
mittee and  Eddie  Dowling  chairman 
of  the  producers'  division. 


Long's  Daughter  Dead 

Louisville.  Dec.  26. — Mary  Shrevc 
Lyons  Long.  12.  daughter  of  Dennis 
H.  Long,  treasurer  and  one  of  the 
founders  of  the  Fourth  Avenue 
Amusement  Co..  is  dead  froin  injur- 
ies suffered  when  the  car  in  which 
.she  was  being  driven  to  school  by 
the  family  chauffeur  was  struck  by 
another. 


Postpone  Publix  Meet 

A  meeting  of  creditors  of  Publix 
Enterprises  scheduled  for  yesterday  be- 
fore Referee  Henry  K.  Davis  was 
postponed  to  Jan.  2. 


Picked  for  "Cinderella" 

Hollywood.  Dec.  26. — Paramount 
will  star  Charlotte  Henry  in  "Cinder- 
ella,"   with    Lanny   Ross   opposite. 


^S23BSIk 


MOTION  PICTURE 

DAILY 


Wednesday,  December  27,   1933 


Compliance  Up  to 
Rosenblatt  at  First 


(.Continued  from  page  1) 
Administration  for  compliance  com- 
plaints to  come  direct  to  Washington, 
where  they  may  be  referred  by  the  ad- 
ministrator either  to  the  Code  Au- 
thority, or  to  such  body  as  is  set  up 
by  it  to  handle  the  matter,  t)r  to  the 
National  Labor  Board. 

Under  plans  worked  out  by  John- 
son, all  compliance  problems  even- 
tually will  come  before  the  code  au- 
thorities, in  line  with  the  program  of 
making  industries  as  self-governing  as 
possible. 

Still  Seek  Lowell 
For  Authority  Job 

(Continued  from  page    1) 

the  Code  Authority,  General  Hugh  S. 
Johnson  will  again  write  him  to  "ex- 
plain" some  of  the  matters  reg^arding 
which  Dr.  Lowell  is  apparently  con- 
fused, it  was  said  today  at  the  Re- 
covery Administration. 

Discussing  Dr.  Lowell's  action, 
Johnson  made  it  known  that  he  was 
not  abandoning  the  plan  to  have  him 
on  the  authority.  However,  if  Dr. 
Lowell  adheres  to  his  determination 
not  to  serve,  another  appointment  will 
be  made. 


Notables  Flock  to 
"Christina"  Opening 

Careful  motor  cars,  traveling  over 
icy  Times  Square,  deposited  a  notable 
first  night  audience  at  the  Astor  last 
night  for  the  premiere  of  "Queen 
Christina,"   the  new   Garbo  picture. 

It  was  "a  modest  opening,"  as  M- 
G-M  officials  at  the  theatre  put  it. 
"No  excitement.  The  picture  speaks 
for  itself,"  they  said.  Seen  .in  the 
lobby  exchanging  pleasantries  with 
Nicholas  M.  Schenck  was  Joseph  P. 
Kennedy.  In  the  audience  were 
.Adolph  Zukor,  Mae  Murray,  Nita 
Naldi,  David  M.  Lx)ew,  Leopold 
Friedman,  Sophie  Tucker,  Paul  Ya- 
witz,  Si  Seadler,  Tom  Connors,  Ed- 
ward Bowes  and  a  flock  of  others. 

Two  other  notable  events  were  on 
New  Yorkers'  calendars  last  night. 
One  was  the  opening  of  Katharine 
Hepburn's  new  play,  "The  Lake,"  at 
the  Martin  Beck  Theatre.  A  number 
of  film  men  were  among  those  pres- 
ent, including  Arthur  Mayer,  oper- 
ator of  the  Rialto,  and  Mrs.  Mayer. 
The  other  was  the  formal  opening  of 
the   season   at  the   Metropolitan. 


Foiled  by  the  Snow 

The  Warner  exploitation  force 
failed  to  cheer  over  yesterday's  heavy 
snow  storm.  It  interrupted  one  of 
their  pet  stunts  on  behalf  of  the  Strand 
and  "Convention  City."  This  was  the 
introduction  to  Broadway  of  board- 
walk rolling  chairs  from  Columbus 
Circle  to  42nd  St.  They  promise  a 
repeat  when  the  highways  get  rea- 
sonable. 


Wellman  on  "Villa" 

Hollywood,  Dec.  26.  —  William 
Wellman  has  taken  over  the  directori- 
al reins  of  M-G-M's  "Viva  Villa." 
He  is  the  third  director  to  step  in  on 
the  job. 

Howard  Hawks  and  Jack  Conway 
have  already  tucked  most  of  the  pic- 
ture in  the  bag. 


''Queen  Christina*' 

(M-G-M) 

Greta  Garbo  returned  to  Broadway  last  night  in  "Queen  Christina," 
a  routine  story  fashioned  around  the  life  of  Sweden's  famous  sovereign 
of  the  early  17th  century.  While  the  vehicle  went  creaky  in  spots  and 
reminded  strongly  of  others  of  similar  ilk  which  have  gone  before,  its 
dialogue,  by  S.  N.  Behrnian,  in  many  of  its  passages,  rose  to  near 
poetic  heights  in  swing  and  resonance. 

What  "Queen  Christina"  has,  however — and  it  is  its  all-important 
something — is  Garbo,  the  one  and  only  Garbo  portraying  alternately 
a  stern  and  harassed  ruler,  a  soft  woman  as  only  this  actress  can  shade 
a  portrayal  with  delicate  nuances  of  meaning.  The  story,  telling  it  in  the 
sentence  which  is  all  it  requires,  concerns  the  conflict  between  statecraft 
and  love,  her  passion  for  John  Gilbert,  the  abdication  from  the  throne 
to  be  near  him  and  the  irrevocable  separation  which  parts  them  as  the 
lover  falls  at  the  point  of  Ian  Keith's  sword. 

Miss  Garbo,  in  a  part  which  she  handles  with  ease,  does  beautifully 
and  goes  very  far  in  turning  the  make-believe  here  into  credibility. 
Lewis  Stone,  C.  Aubrey  Smith  and  Reginald  Owen  are  excellent  in  the 
support.  Gilbert  falls  considerably  behind  them  and,  by  his  performance, 
merely  recalls  to  mind  the  days,  some  years  back  now,  when  his  romantic 
philandering  carried  the  touch  of  the  real  thing.  Rouben  Mamoulian's 
direction  is  restrained,  intelligent  and  occasionally  slow  in  making  the 
dramatic  threads  intertwine,  but,  in  the  main,  his  efforts  make  this  at- 
traction well  above  the  average  in  content  and  value. 

Firstly  and  lastly,  however,  "Queen  Christina"  returns  Garbo  to 
theatres  in  her  first  picture  since  "As  You  Desire  Me"  and  "Grand 
Hotel."  That  was  almost  a  year  and  a  half  ago.  That's  what  will  count 
above  all  else  at  the  box-office.  K. 


''Enlighten  Thy  Daughter*' 

(Exploitation  Pictures) 

Press  sheets  describe  it  as  "a  smashing  indictment  of  parental  prudery," 
and  that  is  what  it  is.  A  little  less  emphasis  on  the  "indictment"  in  the 
closing  scenes  and  it  would  be  tlie  poignant  drama  of  a  school  girl's 
mistake,  presented  with  a  fine  cast  and  with  the  more  delicate  phases  of 
the  story  handled  in  excellent  taste. 

The  title  indicates  it  probably  will  be  sold  as  a  shocker.  As  a  matter 
of  fact  the  story  was  directed  with  delicate  sympathy  by  John  Varley 
and  has  a  strong  girl  ancf  woman  appeal. 

Coming  home  unexpectedly  from  a  private  school,  Miriam  Battista 
finds  her  father  lecturing  on  family  duties,  while  her  mother  is  devoting 
herself  to  bridge.  She  meets  Edmund  MacDonald,  a  handsome  youtli, 
and  their  mistake  occurs  in  tlie  tirst  flush  of  their  romantic  attachment. 
Dramatic  complications  start  a  week  or  two  later  when  MacDonald  falls 
in  love  with  the  girl's  cousin,  Beth  Barton,  and  becomes  engaged  to  her. 
Her  father,  Herbert  Rawlinson,  is  a  dpctor  and  is  called  in  to  talk  to 
Miss  Battista. 

At  the  height  of  the  tension,  with  the  marriage  of  MacDonald  and 
Miss  Barton  a  few  days  away,  Miss  Battista  takes  poison.  MacDonald 
is  called  from  a  bachelor  dinner  to  the  deathbed  scene.  As  the  two 
families  sit  about  overwhelmed,  Miss  Barton's  brother,  Charles  Eaton, 
comes  into  the  room  and  says  he  has  killed  MacDonald. 

An  unusual  device  is  resorted  to  in  these  final  scenes.  The  girl's 
father  and  mother  sit  with  drawn  faces  and  unmoving  lips,  while  the 
sound  track  gives  voice  to  their  thoughts  of  what  they  should  have  done 
for  their  daughter. 


"Rainbow  Over  Broadway" 

(Chesterfield) 

If  more  of  an  effort  had  been  made  in  this  film  to  stick  closer  to  real- 
ity the  net  result  would  have  been  a  rating  of  better  than  fair.  It  is 
hazy  just  what  the  producers  intended  it  to  be.  The  tale  is  of  the 
musical  stage  luminary  of  another  age  who  marries  a  meek  fellow,  tries 
to  impress  people  with  a  veneer  of  culture  and  uppishness  and  finally 
by  a  stroke  of  chance  finds  herself  thrown  again  before  the  public,  this 
time  as  a  singer  in  a  high-tone  night  club. 

This  is  material  best  suited  to  farce,  to  be  sure,  but  the  producers 
have  wavered  between  farce  and  straight  drama.  The  final  product 
i.>  neither  fish  nor  fowl.  However,  there  is  for  neighborhoods  a  certain 
amount  of  humor  and  interest  in  "Rainbow  Over  Broadway."  The  night 
club  atmosphere  may  also  prove  an  asset. 

The  only  names  that  may  be  expected  to  have  any  drawing  power  are 
those  of  Joan  Marsh,  Frank  Albert.son,  Lucien  Littlefield  and  Nat  Carr. 
(Additional   reviews   on   page   8) 


Expect  Continuance 
Of  Cleveland  Plan 


(Continued  from  page  1) 
Division  Administrator  Sol  A.  Rosen- 
blatt  speak  at   the   Columbus   conven- 
tion of  the  M.  P.  T.  O.  of  Ohio  early 
in  December. 

Rosenblatt  is  represented  as  saying 
that  if  the  Cleveland  protection  plan 
is  satisfactory  to  the  majority  of  ex- 
hibitors, he  sees  no  reason  for  altering 
it.  Ninety  per  cent  of  Cleveland  ex- 
hibitors signed  the  plan,  thereby  sig- 
nifying their  satisfaction  with  it. 


Heavy  Rains  Severe 
Blow  in  Washington 

(Continued  from  page  1) 

and  business  sections  have  been  under 
one  to  five  feet  of  water,  and  show- 
houses  have  been  closed. 

For  several  days,  Seattle  was  cut 
off  from  the  east  and  south  by  wash- 
outs that  have  stopped  all  rail  and 
motor  traffic.  Film  exchanges  have 
found  transportation  of  film  almost 
impossible  in  many  situations. 

While  there  has  been  no  damage  in 
Seattle  itself,  the  unprecedented  rains 
have  kept  residents  at  home  and  thea- 
tres have  suffered. 


Government's  Wheat 
Aid  Helping  Kansas 

(Continued  from  page  1) 
of  show  business  in  that  region  with 
a  concurrent  increase   in  grosses  for 
exchanges  in  this  territory. 

Pouring  of  Government  money  into 
the  hands  of  Kansas  wheat  farmers 
at  the  rate  of  $600,000  a  day,  with 
much  more  to  corpe,  is  the  most  heart- 
ening factor  for  Kansas  exhibitors  in 
the  long  period  of  depression. 

A  survey  by  the  Agricultural  Ad- 
justment Administration  shows  the 
farmers  are  spending  the  nwney  as 
fast  as  they  receive  it. 


Local  306  Holding 
Vote  With  Machines 

(Continued  from  page  1) 

officers  of  Local  306.  The  president 
will  not  be  included  in  the  elections. 
With  1,850  operators  slated  to  vote, 
eight  machines  will  be  on  hand  at 
Palm  Garden  when  the  polls  open 
at  8  o'clock  this  morning  and  close 
12  hours  later.  Ballot  counts  have 
been  criticised  so  much  in  the  past 
that  Harry  Sherman,  president,  or- 
dered them  out. 


Powers  Back  Today 

p.  A.  Powers,  president  of  Cele- 
brity Prod.,  gets  back  from  the  coast 
today  from  conferences  with  Ub 
Iwerks  on  the  "Comi  Color  Cartoon" 
series  and  "Willie  Whopper"  series 
It  is  reported  Powers  also  talked  with 
a  number  of  producers  about  propo- 
sals for  increasing  the  number  of 
Celebrity  releases. 


Frances  Marion  East 

Hollywood,  Dec.  26.  —  Frances 
Marion  has  completed  the  screen  j)lay 
for  "Good  Earth"  at  M-G-M  and  will 
leave   for   New  York  in  a  few  days. 


New  Pact  for  Rogers 

Hollywood,  Dec.  26. — Will  Rogers 
has  signed  a  new  contract  with  Fox 
calling  for  five  at  $125,000  each. 


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MOTION.  PICTURE 

DAILY 


Wednesday,  December  27,   1933 


^Little  Women' 
Stands  Out  in 
General  Slump 


(Continued  frcmi  page   1) 
ill  Chicago  at  the  Palace  with  $25,000. 

Xew  York  suffered  with  the  rest. 
•'Should  Ladies  Behave?"  and  a  stage 
show  drew  $28,665  at  the  Capitol. 
"House  on  56th  St.,"  in  its  third  week 
at  the  Hollywood,  grossed  $8,600.  At 
the  Strand,  "Sin  of  Nora  Moran"  was 
weak  at  $6,850,  and  the  second  week 
of  "Advice  to  the  Lovelorn"  pulled 
only  $3,900  at  the  Rialto.  "Jimmy  and 
Sally,"  with  a  stage  show-,  held  the 
Roxy   to  $18,200. 

Reopening  of  the  Midwest  in  Okla- 
homa City  sent  that  city's  first  runs 
into  a  new  slump.  Grosses  were  shot 
to  pieces  the  week  before  Christmas. 
"The  Masquerader"  took  $3,900  at  the 
Criterion,  below  normal  by  $1,100. 
"The  Kennel  Murder  Case,"  "jimmy 
and  Sally,"  "My  Lips  Betray"  and 
"Berkeley  Square"  were  all  weak. 

"Keyhole"  Draws  in  Cleveland 

"Broadway  Thru  a  Keyhole"  was 
the  only  pre-Christmas  attraction  to 
get  real  money  in  Cleveland.  It  was 
$1,000  up  "with  a  $4,000  take  at  the 
Allen.  "My  Lips  Betray"  and  "If 
I  Were  Free,"  the  only  other  single 
bill  attractions,  were  away  off.  Three 
dual  bills,  "Ace  of  Aces"  and  "Mid- 
shipman Jack,"  "The  Women  in  His 
Life"  and  "Should  Ladies  Behave?" 
and  "The  Fire  Chief"  and  "Fury  of 
the   Jungle"   were   all    weak. 

With  business  off  nearly  40  per  cent 
in  Buffalo,  big  money  went  to  "The 
Masquerader"  and  a  vaudeville  show 
at  the  Buffalo,  where  the  take  was 
$10,000.  "The  Mad  Game,"  "Berke- 
ley Square,"  "My  Lips  Betray"  and 
"Myrt  and  Marge"  were  something 
less  than  fair. 

"Myrt  and  Marge"  and  "Blood 
Money"  held  up  fairly  well  in  Indian- 
apolis in   spite  of   the   general   slump. 

"Little  Women"  played  a  return  en- 
gagement in  Minneapolis  last  week 
and  $7,500  at  the  RKO  Orpheum. 
"Sitting  Pretty"  was  strong  under 
prevailing  conditions  with  $7,500  at 
the  Minnesota,  Minneapolis,  and  the 
St.  Paul  Paramount.  "Cradle  Song" 
held  up  with  $5,500  at  the  State.  "Fe- 
male" made  a  good  showing  with  $4,- 
000  at  the  St.  Paul  Riviera. 

Re-issues  in  Philadelphia 

Three  of  Philadelphia's  nine  first 
runs  played  re-issues  and  second  runs 
last  week.  The  Stanton,  with  "From 
Headquarters"  did  a  fair  $6,300,  with- 
in $700  of  normal.  "Blood  Money" 
had  a  weak  $4,000  at  the  Aldine, 
"King  for  a  Night"  took  only  $1,200 
in  four  days  at  the  .Arcadia.  "The 
Right  to  Romance"  was  about  Z2>  1-3 
per  cent  off  at  the  Boyd,  "The  Chief," 
helped  by  a  vaudeville  program, 
reached  $11,000  at  the  F.arle,  and  "I 
Was  a   Spy"   hit  $14,000  at  the   Fox. 

Total  first  run  business  in  Pitts- 
burgh was  less  than  half  tlie  normal 
take.  "The  Mad  Game"  at  the  Ful- 
ton took  $3,100,  "White  Woman" 
reached  $7,200  at  the  Penn,  and  "Man 
of  Sentiment,"  helped  by  a  stage  show, 
was  low  at  $3,000  at  the  Pitt.  "Cradle 
Song"  was  the  only  better-than-aver- 
age  feature  in  town.  It  reached  $5,- 
300  at   the   Warner.      "Lady   Killer" 


Looking  ^Em  Over 


**Chanc€  at  Heaven*' 

(Radio) 

Set  in  a  rustic  background,  the  love  affairs  of  Joel  McCrea  make  for 
pleasing  entertainment.  There  are  a  number  of  laughs  and  wisecracks 
to  liven  the  interest. 

In  love  with  Ginger  Rogers  and  saving  the  earnings  from  his  gas 
station  for  the  planned  marriage,  McCrea  takes  a  fancy  to  Marion 
Nixon  when  the  society  girl  breezes  into  the  small  western  town  to 
make  her  home  on  Silver  Beach.  In  time  McCrea  forgets  his  obligation 
to  Miss  Rogers  and  eventually  elopes  with  Miss  Nixon.  They  live 
happily,  but  the  marriage  does  not  meet  with  the  approval  of  Virginia 
Hammond,  the  bride's  mother. 

When  she  learns  she  is  to  become  a  mother  Miss  Nixon  gets  her 
husband's  consent  to  return  to  New  York  and  there  get  the  medical 
attention  she  needs.  After  several  months  in  the  east,  McCrea's  wife 
refuses  to  return,  swayed  by  her  mother  that  she  should  forget  the  past. 
McCrea  then  realizes  that  the  girl  he  should  have  married  is  the  coun- 
try-bred Miss  Rogers. 

Andy  Devine  and  Lucien  Littlefield  are  in  brief  sequences  for  comedy 
relief. 


MOTION  PICTURE  DAILY^ 
HOLLYWOOD  PREVIEW 


"Man  of  Two  Worlds" 

(Radio) 

HoLLYVvoou,  Dec.  26, — From  the  frozen  North  to  London's  Mayfair 
J'.skimo  Francis  Lederer  comes  to  woo  an  English  society  girl,  Elissa 
Landi.  Amid  icebergs,  the  Eskimo  falls  in  love  with  the  photograph  of 
the  English  lady  who,  in  the  flesh,  is  the  daughter  of  the  leader  of  a 
fur  trading  expedition. 

Because  of  his  hunting  prowess,  the  Eskimo  tacitly  is  accepted  and 
brought  to  London.  There  the  equality  complex  asserts  itself  and  the 
Eskimo,  believing  he  is  white,  goes  into  a  rage  when  he  sees  the  girl 
of  the  photo  kissing  her  fiance  in  person.  Thwarted  in  Mayfair,  he 
goes  back  to  the  Arctic,  forgets  and  is  hailed  once  again  as  the  mighty 
hunter. 

Lederer's  personal  choic  of  Ainsworth  Morgan's  novel  as  his  first 
picture  is  somewhat  of  a  slight  to  his  own  talents;  His  romantic  flair 
is  ever  present,  but  is  only  partially  revealed.  He  doesn't  seem  to  get 
out  from  under  his  fur  piece.  Yet,  Lederer  has  potentialities,  fire,  dis- 
tinguished ability  and  appeal  for  women.  Even  in  this  he  gives  a  com- 
petent show,  but  the  hinterlands  are  not  apt  to  get  hot  about  his  hot 
Eskimo.  Miss  Landi,  seldom  warm  on  the  screen,  is  again  cold,  and 
Howard  Green's  script  keeps  showmanship  out  front.  J.  Farrell 
McDonald,  Henry  .Stephens  and  Sara  Padden  do  well  in  the  support. 

"Man  of  Two  Worlds"  may  be  well  served  as  a  promise  of  nectar  and 
ambrosia  to  come  from  Lederer  later. 


was  fair  with  $8,000  at  the  Stanley. 

Business  generally  was  in  a  state 
of  near-collapse  in  San  Francisco,  but 
"Little  Women,"  in  its  third  week  at 
the  Golden  Gate,  pulled  $10,400,  above 
par  by  $400.  "Cradle  Song"  also  did 
well,  reaching  an  average  $4,000  at 
the  Columbia,  and  "Thunder  Over 
Mexico"  was  strong  at  $8,500  in  the 
United  Artists. 

"Little  Women"  went  through  a 
third  week  in  the  Blue  Mouse  at  Se- 
attle with  a  gross  of  $3,500,  one  of 
the  bright  spots  in  the  surrounding 
gloom.  ".Sitting  Pretty,"  at  the  Fifth 
.'\venue.  was  down  to  $5,750,  "East 
of  Fifth  Avenue"  and  "The  Thrill 
Hunter"  were  good  for  only  $3,500  at 
the  Liberty,  and  the  rest  of  the  weak 
takes  were :  "White  Woman"  and 
"Day  of  Reckoning,"  Orpheum,  $5.- 
500:  "As  Husbands  Go,"  Paramount, 
M.500:  "Chance  at  Heaven."  Roxy, 
$3,500. 

Providence    citizenry    went    every- 


where except  to  theatres  in  the  pre- 
Christmas  excitement.  The  best 
showing  in  town  was  made  at  the 
Paramount  with  "Sitting  Pretty"  and 
"Important  Witness,"  where  the  take 
was  $6,100.  "As  Husbands  Go"  and 
"Mr.  Broadway,"  another  dual  bill, 
took  only  $5,000  at  the  Majestic. 
"Ever  in  My  Heart"  and  a  stage  show 
garnered  a  weak  $6,000  at  Fay's, 
while  Loew's  State  was  away  off  with 
$7,800  on  "Blood  Money"  and  a  stage 
show. 


''Alice"  Portland  Hit 

Portland,  Dec.  26.— "Alice  in 
Wonderland,"  with  Charlotte  Henry 
making  a  personal  appearance,  showed 
t^  15,000  youngsters  and  grownups 
oj)ening  day  at  the  Paramount. 


''Castle"  for  Rialto 

"A     Man's    Castle"    opens    at    the 


Rialto  tomorrow  evening. 


New  Theatre 
Ads  Bringing 
Forth  Praise 


(Continued  from  page  1) 
jectionable  advertising  and  publicity 
features  concurrently  with  the  Christ- 
mas season,  which  is  said  to  have 
made  the  new  department's  work  all 
the  more  noticeable. 

Although  the  present  activities  of 
the  department  do  not  embrace  direct 
supervision  over  theatre  advertising, 
this  important  phase  of  public  contact 
was  brought  under  the  department's 
influence  by  the  voluntary  cooperation 
of  advertising  agencies  handling  thea- 
tre accounts,  which  sought  advice  and 
suggestions  from  McCarthy's  office  on 
newspaper  copy.  The  influence  of  the 
department  has  also  been  extended  to 
cover  advertising  and  publicity  on  in- 
dependent productions  in  instances 
where  independent  companies  have 
voluntarily  submitted  copy  for  sugges- 
tions in  advance  of  its  use. 
Copy  Is  Scrutinized 
Under  the  initial  functioning  of  the 
department  all  advertising  and  pub- 
licity copy  of  the  nine  major  com- 
panies, members  of  the  M.  P.  P.  D.  A., 
is  scrutinized  and  either  approved  or 
rejected.  This  embraces  magazine, 
newspaper  and  trade  paper  advertising 
and  publicity,  press  books,  poster 
sketches  and  copy,  and  stills  made  in 
the  east.  Will  H.  Hays  is  the  only 
authority  to  whom  an  appeal  from  a 
McCarthy  ruling  on  objectionable 
matter  can  be  taken.  Only  one  such 
appeal  has  been  made  in  the  five  weeks 
of  the  new  department's  functioning. 

Although  the  industry's  advertising 
code  of  ethics  plays  some  part  in  the 
standards  which  guide  the  depart- 
ment's decisions,  McCarthy  describes 
it  as  a  "very  small  part." 

"Our  first  standard,"  he  said,  "is  that 
of  good  taste.  Even  if  a  subject  is 
exactly  on  the  line  between  good  and 
bad  taste  it  is  not  difficult  to  decide 
whether  it  is  one  or  the  other.  Our 
standards  of  judging  are  flexible, 
however,  and  are  guided  entirely  by 
the  individual  case  in  hand.  An  illus- 
tration that  is  objectionable  for  one 
use  may  be  perfectly  proper  in  another 
use." 

McCarthy  said  that  no  hard  and 
fast  rules  had  been  devised  for  the 
department,  other  than  those  dictated 
by  good  taste,  and  that  no  rules  would 
be  reduced  to  writing.  "Written  rules 
are  too  easily  evaded,"  he  said,  "but  a 
standard  of  good  taste  is  inescapable." 
A  Hollywood  department  designed 
to  regulate  the  release  of  stills  is  func- 
tioning on  the  west  coast  under  the 
direction  of  Joseph  I.  Breen  of  the 
M.  P.  P.  D.  A.,  and  augments  the 
work  of   McCarthy's   office. 


Integrity  Closes  Deal 

American  distribution  rights  to 
"The  Miracle  Man  of  the  Centuries," 
a  religious  subject  produced  in  Italy, 
have  been  acquired  by  Integrity  Film 
Corp.  The  picture  is  scheduled  for 
roadshowing  in  key  cities,  after  which 
it  will  be  booked  direct  to  theatres. 


Sam  Marx  Recovers 

Hollywood,  Dec.  26. — Sam  Marx 
will  return  to  his  desk  at  M-G-M  the 
first  of  the  year,  having  recovered 
from  a  recent  appendicitis  operation. 


The  Leading 

Daily    ^.,„ 

Newspaper 

of  the 

IVIotion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  -•    -^ 
Faithful      )l 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  150 


NEW  YORK,  THURSDAY,  DECEMBER  28,  1933 


TEN  CENTS 


Coast  to  Get 
An  Office  for 
Code  Matters 


Committee,  Secretary  to 
Represent  Authority 


Hollywood,  Dec.  27. — Offices  of 
the  standing  committee  of  Code 
Authority  will  be  opened  here  within 
the  next  month  or  six  weeks  with 
Division  Administrator  Sol  A.  Rosen- 
blatt supervising  the  event.  It  will 
handle  studio  and  production  problerns. 
There  will  be  a  paid  secretary  in 
charge  of  the  branch  who  will  func- 
tion independently  of  the  authority 
members  in  New  York.  The  man 
named  for  the  local  post,  however, 
will  be  appointed  by  the  eastern  body, 
probably  at  the  next  session  on 
Jan.  4. 

Rosenblatt  is  due  here  late  next 
month  to  set  up  the  office,  which  will 
{Continued  on  page  6) 


John  Flinn  Named 
To  Authority  Post 

John  C.  Flinn  of  Paramount  yes- 
terday was  selected  secretary  of  the 
Code  Authority  by  a  committee  com- 
prising George  J.  Schaefer,  Nicholas 
M.  Schenck  and  Nathan  Yamins. 
That  Flinn  was  favored  for  the  post 
{Continued  on  page  6) 


Authority  Looking  for  Office 

Work  has  already  begun  by  the  Code  Authority  committee  on 
headquarters  for  setting  up  a  permanent  office  in  New  York  for 
the  body.  Several  locations  are  under  consideration.  Among  them 
is  an  office  in  Rockefeller  Center.  The  committee,  which  consists 
of  Charles  L.  O'Reilly,  H.  M.  Warner  and  R.  H.  Cochrane,  will 
report  to  the  authority  at  the  Jan.  4  session,  when,  it  is  expected, 
one  of  the  selections  will  be  approved. 


Music  Hall  Ends  1st  Year; 
Did  $3,970, 706  with  Films 

The  Radio  City  Music  Hall,  world's  largest  theatre,  rounded  out  its  first 
year  of  operation  yesterday  and,  for  the  50  weeks  during  which  it  played 
combination  pictures  and  elaborate  stage  shows,  did  a  gross  of  $3,970,706, 
according  to  Motion  Picture  Daily's  estimated  takings  for  the  period.  This 
includes  a  forecasted  $92,000  for  the  week  ending  last  night  with  "Flying 
Down  to  Rio." 

The  house  threw  open  its  doors  on  the  evening  of  Dec.  27,  1932,  with  an 
all-stage  policy,  but  switched  to  pictures  and  stage  shows  on  Jan.  11,  with 
"The  Bitter  Tea  of  General  Yen"  as  its  opening  celluloid  a,ttraction. 

Drawing  its  films  from  many  of  the  major  companies,  the  house,  during 
the  SO  weeks  of  its  combination  policy,  played  attractions  handled  by  Columbia, 
Fox,  Paramount,  Radio,  United  Artists,  Universal  and  Warners.  Its  ajlied 
producing  compaiiy.  Radio,  was  given  23  weeks  of  playing  time  divided  over 

{Continued  on  page  4) 


Para. -St.  Francis 
Bond  Deal  Approved 

An  order  approving  the  plan  of 
Paramount  Publix  trustees  for  read- 
justment of  the  bond  issue  of  the  St. 
Francis  Theatre  Bldg.,  San  Francisco, 

{Continued  on   page  4) 


Biograph  Formally 
Opens  Its  Portals 

Throwing  its  hat  into  the  ring  in  a 
competitive  bid  for  eastern  production, 
the  new  Biograph  studio,  fresh  from 
the    hands    of    skilled    laborers    who 

{Continued  on   page  6) 


Wingate  Says 
No  New  Rules 
Are  Necessary 

Avers  Clean  Films  Need 
Is  Now  Recognized 

No  new  regulations  or  enforcement 
provisions  for  bettering  the  moral 
tone  of  pictures  are  regarded  as  neces- 
sary by  Dr.  James  Wingate,  studio 
relations  counsel  for  the  M.P  P.D.A., 
who  said  yesterday  that  a  nc^v  con- 
sciousness of  the  desirability  of  im- 
proving pictures  is  apparent  in 
Hollywood  and  contributes  all  that 
is  necessary  to  make  the  production 
code  of  ethics  an  effective  instrument. 

Dr.  Wingate  said  that  the  code  of 
ethics  would  remain  as  the  standard 
of  judging  good  taste  in  production. 
He  said  that  his  office  and  much  of 
Hollywood  felt  that  improvement  had 
been  made  during  the  past  year  in 
enforcing    the    code    and    that    an    in- 

{Continucd  on   page  6) 


Harrison  Quits  As 
Head  of  Federation 

P.  S.  Harrison  handed  in  his  resig- 
nation as  head  of  the  Federation  of 
the  M.  P.  Industry  at  a  meeting  of  the 
organization  last  night  at  the  Park 
Central.     W.  Ray  Johnston,  president 

{Continued  on  page  2) 


Lodge  FaitK  in  Better  Pictures;  Anticipate  the  Code 

Will  Bring  About  a  New  Order  in  Affairs  of  Industry 


By  AL  LICHTMAN 

Vice-President,   Gen'l    Sales    M'g'r, 

United  Artists 

Throughout  1933  the  industry 
waged  a  valiant  battle,  along  with 
other  businesses, 
against  the  world- 
wide depression, 
and  in  the  past 
.  few  months  has 
iTiiade  steady 
progress  toward 
recovery.  Our 
hope  for  better 
times  is  about  to 
be  realized,  I  be- 
lieve. 

The  Govern- 
ment's r  e  c  o  n- 
struction  program 
is  beginning  to 
show  a  favorable 
reaction  and,  when  the  monetary 
{Continued  on  page  4) 


By  SAMUEL  GOLDWYN 

Production  Executive  of  United 
Artists 

Hollywood,  Dec.  27. — As  we  go 
into  1934  I  am  more  convinced  than 
ever  before  that 
in  the  policy  of 
fewer  and  bet- 
ter pictures 
which  I  have 
always  main- 
tained lies  the 
salvation  of  the 
industry. 

It  is  impossi- 
ble to  turn  out 
400  or  500  good 
pictures   a   year 
because    there 
are   not   enough 
good  writers,  good  directors  and  good 
executives     to     produce     that     many 
{Continued  on  page  4) 


By  A.  JULIAN  BRYLAWSKI 

President,  M.  P.  T.  O  of  District 

of  Columbia 

Washington,  Dec.  27.  —  While 
much  has  been  said  about  the  advan- 
tages to  the  ex- 
hibitor and  la- 
bor under  the 
code,  as  they 
would  seem  t(j 
be  the  chief  ben- 
eficiaries there- 
under, and  some 
little  has  been 
said  of  its  ad- 
vantages to  the 
producer  and  tlie 
distributor,  then 
is  still  another 
interest,  and  in 
fact  the  most 
important  group 
of  all  who  will  also  benefit  therefrom, 
{Continued  on  page  4) 


By  EMMETT  THURMON 

Sec'y  and  Counsel,  Rocky  Mountain 

Theatre  Owners  Ass'n 

Denver,  Dec.  27.— The  theajtre 
code  has  been  approved  by  the  Fed- 
eral authorities 
and,  from  all  in- 
dications, they 
are  going  to 
contend  that 
eveiy  phase  of 
the  industry 
will  be  expected 
to  comply  there- 
with, regardless 
of  whether  it  is 
good  or  bad. 

Without  a 
doubt  it  is  bet- 
ter than  the  sel- 
fish, tyrannical 
and  foolish  at- 
of  certain  individuals  to  im- 
{Continued  on  page  4) 


tempts 


MOTION  PICTURE 

DAILY 


Thursday,  December  28,   1933 


MOTION  PICTURE 

DAILY 


(Registered   U.  S.  Patent  Office) 


Vol.   o4 


December  28.  1933 


No.    150 


Martin  Quigley 
Editor-in-Chief  and  Publisher 

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  Vork."  All  con- 
tents copyrighted  1933  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.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman. 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof.  Kaiserin-Augustastrasse  28.  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19.  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti.  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Clilf 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269.  James  I.ockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road.  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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. 


Harrison  Quits  As 
Head  of  Federation 

(Continued  from    pai/e    1) 

of  Monogram,  and  Harry  Thomas, 
president  of  First  Division,  were  men- 
tioned as  likely  candidates  for  the  post 
vacated  by  him.  Harrison,  in  explain- 
ing his  action,  said  he  had  accepted 
the  presidency  with  the  understanding 
it  was  a  temporary  post  which  would 
cease  to  exist  with  the  end  of  code 
deliberations.  His  resignation  will  be 
acted  upon  at  a  meeting  of  the  execu- 
tive committee  within  the  next  few 
days. 

Continuance  of  the  federation  was 
voted  at  the  meeting  and  plans  for  a 
membership  drive  discussed.  Members 
also  considered  means  of  placing  the 
financing  of  the  federation  on  a  per- 
manent basis  which  might  involve  as- 
sessing member  companies  on  a  roy- 
alty arrangement. 

Mickey  NRA  Mouse 
Keeps  lOyOOO  Busy 

Mickey  NRA  Mouse  and  the  Silly 
Symphony  troupe  have  put  10,000 
people  to  work,  according  to  United 
.'\rtists.  They  made  the  announce- 
ment after  a  survey — not  a  census— 
and  said  70  manufacturers  were  pro- 
ducing Disney  characters  in  cloth, 
novelties  and  toys. 

The  Ingersoll  Watch  Co.  alone,  the 
statement  says,  put  2.500  people  to 
work  making  Mickey  Mouse  watches 
and  clocks,  and  the  Norwich  Knitting 
Mills  has  three-quarters  of  the  popu- 
lation of  Norwich  making  Mickey 
Mouse  sweaters.  What  the  other 
quarter  does  was  not  made  clear. 


Gar  bo  Gets  Mixed  Reviews^ 
Most  N.  Y.  Critics  Praising 


"Queen  Christina."  Greta  Garbo's 
first  solo  starring  picture  in  almost 
a  year  and  a  half  was  accorded  mixed 
reviews  by  New  York  newspaper  crit- 
ics yesterday  with  most  of  them, 
however,  giving  the  picture  unstinted 
praise. 

Excerpts   from  the  reviews  follow : 

.Imcricaii. — Thoroughly  at  home  in  the 
atmosphere  of  this  tragic  love  story.  Rouben 
Mamoulian  has  endowed  the  film  with  all  the 
directorial  sincerity  and  pictorial  arti.stry  of 
which,  at  his  best,  he  is  c.-ipable.  while  hand- 
some investure,  and  a  well-cast  group  of 
supporting  stars  make  the  latest  Metro- 
Goldvvyn-Mayer  triumph  a  superb  drama 
beautifully     produced.    *   *   * 

Perhaps  Garbo  has  never  evidenced  so 
jjreat  and  diverse  an  appeal  as  in  the  role 
of  the  changeling  queen.  The  varied  moods 
of  the  part  find  perfect  portrayal  in  her 
histrionic    understanding.   •  *   * 

John  Gilbert  makes  a  dashing  lover  as 
of  yore  and  plays  his  fiery  role  with  prop- 
er intensity.  He  seems  now  a  better  actor 
than    before.   *   *  * 

Brilliant  playing,  too,  by  Ian  Keith,  the 
ever-engaging  Lewis  Stone,  the  skilful 
trouper.  Reginald  Owen,  and  in  degree  by 
C.  .Aubrey  Smith.  Gustavc  von  .Seyffertitz, 
Ferdinand  Munier.  while  the  newcomer. 
Elizabeth  Voung.  shows  remarkable  promise 
in  the  second  feminine  lead  in  the  Garbo' 
film. 

Daily  Mirror. — Garbo  is  matchless.  Garbo 
is  still  supreme.  After  a  shrewd,  protracted 
absence  from  the  screen,  she  returns  in  a 
glamorous,  stirring  and  mighty  romance:   *  ' 

Throwing  herself  with  all  the  intensity  of 
her  love  for  Sweden  into  playing  its  heroic 
Queen,  Garbo  does  the  greatest  work  she 
ever  has  offered  the  screen.  With  passion- 
ate sincerity  she  presents  a  Christina  who 
breaks  your  heart  and  merits  your  awe. 
The  trick  this  woman  has.  never  has  been 
mastered  by  her  imitators.  That  trick  is  an 
abandon  of  self.  Whether  Garbo  is  nlaving 
Christina  of  Sweden  or  Tina  of  Woolworth's. 
she  plays  her.  And  the  performance  is  an 
exciting  thing  to  watch.   *   *   * 

Handsomely  mounted  and  costumed,  rich- 
ly photographed,  the  production  has  a 
grandeur  which  matches  its  story  theme.  Tt 
is  an  impressive,  stirring  and  lovelv  pic- 
ture, glorified  by  the  greatest  work  of  the 
greatest   actress   in   films. 

Daily  News. — The  opening  and  the  closing 
scenes  of  "Queen  Christina"  are  be.nutifullv 
conceived  and  executed  pictures.  The  first 
series  combines  amusement  with  grandeur 
and  the  latter  is  touched  with  a  mniestir 
melancholy  induced  by  the  artistry  of 
Garbo's    acting.   *  *  * 

The  story  •  •  •  is  not  a  particularly  en- 
thralling drama,  but  Garbo  does  manage 
to  create  a  real  and  moving  svmnathy  for 
the   otieen   in  two  fine  scenes.   *   *  ♦ 


John  Gilbert  plays  the  Spaniard  a  little 
too  self-consciously.  Ian  Keith  is  good  as 
a  jealous  lover  of  the  Queen.  Lewis  Stone 
is  an  expert  Chancellor,  and  C.  Aubrey 
.Smith    is   fine   as   the   Oueen's    serving   man. 

The  sets  showing  the  castle  and.  the  streets 
of  se\enteenth  century  Stockholm  are  beau- 
tifully done.  The  picture  moves  a  little 
slowly,  but  with  grace  from  one  lovely  set- 
ting to   another. 

In  spite  of  its  deficiencies,  "Queen 
Christina"  is  a  picture  that  must  not  be 
missed,  becau.se  Garbo  is  at  her  best  in 
some   of    its   scenes. 

Evening  Journal. — Majesty  came  to  the 
Astor  Theatre  screen  last  evening.  It  came 
in  the  person  of  Greta  Garbo,  whose  "Queen 
Christina"  is  superb.  Garbo  not  only  plays 
Oueen  Christina.  She  is  Queen  Christina. 
It  is  a  rich,  an  eloquent  and  immensely  be- 
lievable portrait  that  she  draws.  Through 
the  sheer  magic  of  her  arresting  personality, 
she  brings  to  life  a  17th  century  figure  and 
invests  it  with  warmth  and  vitality  and 
grandeur.   *  *   * 

The  elaborate  settings  and  costumes  are 
impressive,  and.  so  well  is  the  story  con- 
structed, that  they  very  properly  remain  as 
a  background,  instead  of  intruding  as  "his- 
torical" props.  The  supporting  cast  is 
splendid,  with  Gilbert  doing  extremely  well. 
*  *  *  But  "Oueen  Christina"  is  entirely 
Garbo.     And  Garbo  is  nragnificent. 

Herald-Tribune. — There  is  about  her 
"Queen  Christina."  *  »  •  not  only  the 
heroic  quality  such  a  role  demands  of  a  fine 
actor,   but   a   new   depth   of   feeling. 

All  of  those  qualities  which  as  Anna 
Christie.  Cavallini  (in  "Romance")  Grusin- 
skaya  (in  "Grand  Hotel")  have  commanded 
attention  bv  their  enduring  beauty,  have 
been  intensified  here:  have  been  etched  with 
a  glamour  which  has  a  new  gravity  and 
maturity.  Growth  of  this  kind  is  possible 
only    for    a    really    great    artist. 

The  story  is  a  happv  selection  for  the 
new  talent  she  has  to  give.   *   *   * 

She  is  helped,  too,  by  Mr,  Mamoulian, 
who  seems  inspired  by  the  sincerity  of  his 
star. 

Post. — Though  the  subiect  is  eminently 
appropriate,  one  cannot  help  but  deplore  the 
uses  made  of  the  material.  *  *  *  It  is  as 
good  a  subject  as  any.  and  there  is  cer- 
tainly no  reason  why  the  sparks  which  are 
generated  from  the  contact  of  a  regal  Swede 
with  a  Spanish  cavalier  shouldn't  register 
wav   up   at   the   top   of   the   thermometer. 

LInhappily,  though,  there  is  no  such  tem- 
perature anywhere  in  evidence  in  the  pic- 
ture. •  •  ♦ 

Tt  would  be  this  denartment's  guess  that 
the  continuity  and  direction  of  "Oueen 
Christina"  have  done  more  to  take  the  life 
out  of  the  picture  than  any  other  factor. 
Though  Miss  Garbo  is  disappointing  in  her 
stilted  and  self-conscious  posturings.  though 
John  Gilbert  is  studiously  theatrical  as  the 
lover,   and  though  the  others  in  the  cast  are 


Loew's  Pfd.  Takes  1-Point  Loss 


Net 
Change 


+  ^ 
-f  H 

-54 
— 1 

-f  '/4 

1 

•  High  Low  Close 

Consolidated  Film  Industries VA  2H  214 

Consolidated  Film  Industries,  pfd WA  9H  9^ 

Eastman   Kodak    79?4  78?^  78^ 

Fox  Film  "A" 12^  12^  12^ 

Keith-Albee-Orpheum,   pfd 15  15  15 

T-oew's,   Inc 2954  2%'/a  28'4 

Loew's,   Inc..    pfd 72  72  72 

Paramount  Publix   1?4  VA  Wi 

Pathe   Exchange    VA  Wn  VA 

Pathe   Exchange   "A" W/i  Wt  WVi 

RKO    2  2  2 

Warner  Bros 5  4^4  47/^ 

Trans  Lux  Rises  as  Others  Slump 

Net 

iHich      Low  Close  Chancre 

General   Theatre   Equipment,   pfd 3/16       ^A  Vo  —1/16 

National    Screen    Service    12'/!        12'/  12'/  —  V, 

Sentry  Safety   Control V,            V,  V,  —1/16 

Technicolor   M          8'X  8'/«  —  V^ 

Trans    Lux ?.Vf.          TA  2Vi,        -f  '/^ 

Universal  Pictures   '.     1             1  1           —2 

Warner  Bonds  Climb  7V2  Points 

Net 
Change 


General  Theatre   luiuipment  6s  '40 

General  Theatre  Equipment  6s  '40,  ctf. 

Loew's  6s  '41,  ex  war 

Paramount    Broadway   S'/.s   '51 

Paraniount    F,    T,.    6s    '47 

Paraniount   Publix    5'^s   'SO 

Warner  Bros.   6s  '.39,  wd 


tHigh 

,.  37^ 

, .  PA 

,.  R? 

..  29 

..  .30'/« 

..  30'A 

..  39'/4 


Low 

3 

82 
28^4 
29'/ 
30 
38 


Close 

VA 

3 

82 
28?4 
.30 
30 
39'/ 


+1 

-•/ 

-t-1'/ 


Sales 

200 
600 

4.500 
600 
100 

6,700 

100 

10.800 

800 

500 

2,.3O0 
13.600 


Sales 

600 
500 
100 
.300 
500 
100 


Sales 

23 
9 
6 

38 

21 
3 

17 


consistently  less  than  cunvincing.  the  fault 
ot  the  picture  lies  in  the  heavy  artiness  of 
Its  seventeenth  century  decor  and  the  ex- 
asperating lethargy  of  the  pace.  It  is  beau- 
lilul  to  look  at;  beautifully  mounted  and 
LeautiluUy  costumed,  but  this  effect  has 
been  gained  at  the  expense  of  action  and 
drama. 

Sun.— As  Queen  Christina  Miss  Garbo  is 
eccentric,  mysterious,  enigmatic.  She  strides 
about    in    male   attire.   *   *   ♦ 

That  characterization  of  Christina  may 
be  historically  correct  in  every  detail.  With 
that  point  there  is  no  quarrel.  The  point, 
in  so  far  as  this  member  of  last  night's  audi- 
ence is  concerned,  is  that  Garbo  never  suc- 
ceeds in  creating  the  illusion  that  she  is  a 
Queen.   »   ♦   ♦ 

Thus  *  *  •  there  is  this  strong  note  of 
unreality,  which  is  at  once  the  picture's  most 
glaring  defect  and  source  of  greatest  dis- 
appointment. The  unreality  pervades  the 
piece,  is  translated  to  the  other  actors  and 
makes  of  the  whole  a  stiff  and  vaguely  un- 
satisfying presentation — something  that  lacks 
life,   flesh  and  blood,   movement.   *   *  * 

"Queen  Christina"  misses  fire,  somehow, 
and    that    is    disappointing. 

Times. — *  *  •  a  skillful  blend  of  history 
and  fiction  in  which  the  Nordic  star,  look- 
ing as  alluring  as  ever,  gives  a  performance 
which  merits  nothing  but  the  highest  praise. 
She  appears  every   inch  a  queen. 

S.  N.  Behrman.  the  playwright,  is  re- 
sponsible for  the  dialogue,  which  is  a  bright 
and  smooth  piece  of  writing,  and  Rouben 
Mamoulian  did  the  direction.  Mr.  Mamou- 
lian still  has  a  penchant  for  asking  the  audi- 
ence to  fasten  their  gaze  on  his  work  with 
lights  and  shades  rather  than  continuing  the 
story,  but  here  he  does  it  less  frequently 
than  hitherto,  and  his  scenes  are,  without 
a    doubt,    entrancing    compositions.   *  *  • 

If  history  has  been  gilded  it  is  accom- 
plished neatly  and  intelligently.  Mr.  Ma- 
moulian's  glimpses  and  vistas  of  the  Queen's 
palace   are   extraordinarily   striking.   *  •  • 

World-Telegram. — *  *  *  an  excellent  his- 
torical romance  called  "Queen  Christina," 
rich  in  its  vitality,  its  writing,  its  drama 
and  its  splendor. 

Chief  concern  with  last  night's  festivities 
belongs,  I  suspect.  less  to  the  picture  in 
which  she  appeared  than  to  Miss  Garbo  her- 
self.  *   •   * 

But  in  spite  of  Miss  Garbo's  truly  mag- 
nificent impersonation  of  Sweden's  strange, 
abnormal,  brilliant,  mysterious  queen  and 
the  excellent  work  of  her  supporting  cast. 
it  would  be  eminently  unfair  to  overlook  its 
fine  story.  Although  it  has  been  swept  clean 
of  biographical  facts,  it  is  full  of  interest 
and  sympathy  and  has  true  beauty  and 
majesty  in  its   dialogue. 


Local  306  Elects 
0*Keefe  Vice-Prexy 

New  officers,  exclusive  of  presi- 
dent, were  elected  yesterday  by 
Local  306,  I.A.T.S.E.,  as  follows: 
James  O'Keefe,  vice  -  president ; 
George  Reves,  recording  secretary; 
Charles  Beckman,  financial  secre- 
tary ;  Charles  Hyman,  treasurer ; 
Tom  Michaels,  sergeant-at-arms ; 
Harry  Levine,  New  York  business 
agent ;  Bert  Topkin,  Brooklyn  busi- 
ness  agent. 

Joe  Abrams,  Hyman  Boritz  and 
Nat  Goldschlag  were  named  to  the 
board  of  trustees.  Elected  to  the 
executive  board  were  Cecil  Wood, 
Ben  Stern,  Sam  Kravitz,  R.  Wein- 
stein,  James  Daisie,  Dick  Weis, 
Harry  Klein,  Jack  Teitler,  Harry 
Bergoffen    and    Frank    Pineau. 


Colorado  Has  Three 
Tax  Bills  Pending 

Denver,  De_c.  27. — Three  bills  de- 
signed to  tax  admissions  have  been  in- 
troduced in  the  special  session  of  the 
legislature.  Two  mention  admissions 
specifically,  and  the  third  would  make 
it  possible  for  certain  tax  boards  to 
ta.x  most  anything  they  desire. 


Laemmle,  Jr.,  Off  Soon 

Hollywood,  Dec.  27.  —  Carl 
Laemmle,  Jr.,  will  be  leaving  for  New 
York  any  day  on  his  way  to  a  Eu- 
ropean sojourn  of  three  months  dur- 
ing whicli  he  will  visit  itnportant 
foreign  film  centers. 


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UbaittiJ\jO>  VArvy^cW-CoAcil  -  "tJJwt*  JKxn.oJioL  / 


fZj/^. 

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I^JloA^tWii  >oaAC|/)  ,1^gLGg^c^  "itji  uJ|po  -  Rad  t  o 


MOTION  PICTURE 

DAILY 


Thursday,  December  28,    1933 


Faith  Is  Lodged  in 
Better  Films,  Code 


By  AL  LICHTMAN 

(Continued    from    page    1) 

question  has  been  settled,  the  indus- 
try and  business  in  general  will  nat- 
urally  find  a  normal  basis. 

Good  nwtion  pictures  will  go  far 
toward  correcting  the  bad  business  in 
our  industry,  and  by  that  I  don't 
mean  extravagant  or  flamboyant  pro- 
duction costs.  There  is  nothing  tliat 
will  take  the  place  of  quality,  but  it 
must  be  merged  with  those  ingredi- 
ents found  entertaining  by  the  motion 
picture-going  public.  The  public 
draws  such  an  intangible  line  between 
good  and  bad  screen  productions  that 
a  producer  must  utilize  each  of  his 
resources  to  the  greatest  advantage 
to  satisfy  the  public's  taste  in  photo- 
play fare. 

Production  and  exhibition  costs  are 
as  high  as  they  always  were  for  those 
producers  making  quality  pictures, 
and  I  believe  that  admission  prices 
should  be  made  commensurate  with 
these  expenses.  False  business  stimu- 
lants, such  as  two-for-one  tickets, 
double  feature  yrograms,  should  be 
eliminated. 

By  SAMUEL  GOLDWYN 

(Continued    from    page     I) 

worthwhile  pictures  every  twelve 
months. 

Hollywood  has  been  trying  to  make 
too  many  pictures  for  too  rnany  thea- 
tres. When  a  theatregoer  sees  one 
bad  picture  he  loses  an  interest  in 
screen  entertainment  tliat  can  be  re- 
gained only  by  several  good  pictures, 
and  the  proper  balance  in  product,  un- 
fortunately, is  not  there. 

We  need  more  big  pictures  for  next 
year  and  the  x^ars  to  come  for  it  is 
common  knowledge  that  it  is  the  few 
big  pictures  that  carry  the  industry 
every  year. 


By  A.  JULIAN  BRYLAWSKI 

(Continued    from    paye    I) 

the  theatre-going  public,  the  consumer. 

Apart  from  all  of  the  objectives,  ad- 
vantages and  accomplishments  of  the 
NRA  in  all  of  its  code  activities  de- 
signed to  secure  a  more  even  spread 
of  employment,  a  higher  level  of 
wages  and  a  larger  proportion  of 
recreative  leisure,  all  of  which  will  be 
the  common  heritage  of  the  American 
public  under  successful  code  operation. 

The  motion  picture-going  public 
may  expect  under  the  operation  of  the 
code  a  finer  class  of  entertainment, 
due  to  more  carefully  selected  pictures 
with  the  elimination  of  many  features 
objectionable  t(j  particular  localities 
and  clienteles.  They  may  also  exi)ect 
better  service  from  higher  paid  and 
more  contented  employees  and  better 
conditions,  due  to  the  better  relation- 
ship of  employer  and  employee. 

Thus  we  feel  that  the  operations  of 
the  code  to  be  entirely  practicable  and 
successful  must  bring  benefits  to  all 
of  its  branches  and  chiefly  to  the  box- 
ofifice,  but  expressed  through  the  in- 
creased satisfaction  of  the  consuming 
theatre-going   public. 

By    EMMETT    THURMON 

(Continued    from     pa/ie     I) 

pose  their  ideas  upon  the  indjjstry. 
Many  changes  have  taken  place  in  the 
last  year.  At  least  each  branch,  as 
a  whole,  of  the  industry  is  breaking 
even,  and  in  many  cases  money  is  be- 


Music  Hall  Ends  1st  Year; 
Did  $3, 9  70, 706  with  Films 

(Continued  from    page    1) 

21  individual  pictures.     The  ditterence  in  the  tally  was  supplied  by  "Little 
Women"  which  was  lioused  there  for  tliree  weeks. 

"Cavalcade"  (I'ox)  was  the  only  other  picture  to  be  held  for  a  second 
week  until  this  morning,  wlien  "jb  lying  Down  to  Rio"  goes  into  a  second 
stanza  as  well. 

ihe  Music  Hall  went  over  the  $100,000  mark  eight  different  weeks  anci 
reached  its  peak  gross  during  the  first  year  of  operation  with  "Little  Women 
tor  ehe  seven  days  ending  .\ov.  ^6  with  a  gross  of  $109,000.     Low  for  the 
period  went  to  "Ann  Carver's  Jfrofession"  with  $44,938  for  the  week  endma 
June  14. 

Box-office  tabulation  for  the  eutire  period  follows : 
Atiiutiions  W  ecK  Ending 


Bitter  lea  of  General  Yen  (Col.) Jan.  18, 

King  s    V  acation   (  VVarnersj Jan.  25 

State  t-air  (I'oxj reb.     1 

Sign  01  tne  Cross   (Para.; Jf eb.     8, 

Topaze   (.Kadio)    Feb.  15 

Great  J  asper  ( Kadio J 1-  eb.  21 

Our  j^etters    (Kadio J Mar.    1 

King    ivong    (Kadio; Mar.  8, 

Chnstopner  birong  (Radio j Mar.  15 

Sailor  s  i^uck  (fox) Mar.  22 

iweepings   (Kadio)    Mar.  29, 

The  iveyiiole    (Warners) Apr.    b 

Cavalcade    (Fox)    Apr.  12 

Cavalcade    (fox)    Apr.  19 

Working  Man  ( vVarners) Apr.  26, 

Zoo  in  liudapest    (Fox) May    3 

Silver  Cord    (Kadio) May  10 

Warrior  s  Husband    (Fox) May  17 

Adorable   (Fox)    May  24, 

Flmer  the  Great  (F.  N.) May  31 

Cocktail  Hour   (Col.) •. June    7 

Ann  Carver's  Profession    (Col.) June  14 

1  Loved   You   Wednesday    (Fox) June 21 

Melody  Cruise   (Radio) June 28, 

Bed  ot   Roses    (Kadio) July 

Private  Detective  62    ( Warners) July  12, 

Professional  Sweetheart  (Radio) July  19 

Double    Harness    (Radio) July  26, 

Devil's    in    Love    (Radio) Aug, 

No  Marriage  Ties  (Radio) Aug.  9, 

Pilgrimage    (Fox_)    Aug. 16, 

Morning  Glory   (Radio) Aug. 23 

Paddy,  the  Next  Best  Thing    (Fox) Aug.30, 

One  Man's  Journey  (Radio) Sept.  6 

Lady  for  a  Day  (Col.) Sept. 13 

Power  and  the  Glory  (Fox) Sept. 20, 

My   Weakness    ( Fox ) Sept.27 

Ann  Vickers    (Radio) Oct.    4, 

Dr.    Bull    (Fox) Oct.  11 

Private  Life  of  Henry  VIII  (  U.  A.) Oct.  18, 

Aggie  Appleby,  Maker  of  Men  (Radio) Oct.  25 

Berkeley  Square   ( Fox ) Nov.  1 

After    Tonight    (Radio) Nov.  8 

Only  Yesterday  (Univ.) Nov.15 

Little  Women   (Radio) Nov.22, 

Little  Women  (Radio) Nov.29 

Little    Women    (  Radio ) Dec.  6 

Counsellor-at-Law    (Univ.)     Dec. 13 

Right  to  Romance    (Radio) Dec. 20, 

Flying  Down  to  Rio   (Radio) Dec. 27 

Total   50  weeks 


1933,  8  days 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 

1933 


Gross 

$80,60u 
85,00u 
91,000 
92,54Z 

100,956 
89,631 
91,49y 
78,731 
64,257 
54,385 
88,811 
80,009 

107,761 

105,986 
79,331 
61,240 
75,683 
72,045 
60,580 
58,929 
51,849 
44,938 
72,464 
64,901 
61,240 
68,034 
76,638 
73,719 
61,239 
67,346 
78,660 

101,249 
89,217 

103,064 
85,018 
74,521 
87,116 
93,789 
65,014 

103,000 
59,000 
80,344 
64,000 
75,069 

109,000 
97,800 

102,000 
80,000 
69,500 
92,000 


.$3,970,706 


ing  made,  whereas  at  the  close  of 
1932  the  industry  was  almost  on  the 
rocks. 

This  increase  in  business  conditions 
has  been  brought  about  by  many 
things :  Salary  reductions,  better 
pictures,  economy  in  production,  dis- 
tribution, exploitation  and  exhibition, 
together  with  the  wonderful  results 
of  the  NRA.  All  of  the  branches 
have  apparently  been  operated  on  rrjore 
sensilile  and  business-like  plans,  than 
heretofore.  The  depression  has  taught 
many  lessons,  and  no  doubt  ultimately 
wonderful  results  will  flow  therefrom. 

It  has  been  realized  that  producer- 
chain  operation  of  theatres  is  not 
good  business  and  cannot  be  operated 
as  economically  and  for  the  welfare 
of  all  concerned  as  it  was  first  con- 
templated.      Individual    operation    of 


theatres  lends  a  personal  touch  that 
cannot  be  secured  in  large  chain  oper- 
ations. Reasonable  individual  or  in- 
dependent chain  operation  has  proven 
quite  successful. 

The  producers,  distributors  and  ex- 
hibitors have  learned  that  cooperation 
of  various  branches  of  the  industry 
along  sane  and  sensjble  lines  wherein 
all  are  protected  is  far  better  th^n 
the  old  selfish  ideas  that  have  been 
so  evident  heretofore. 

With  this  unselfish  spirit  of  "live 
and  let  live"  indelibly  written  upon 
the  heart  of  the  industry,  and  fewer, 
better,  cleaner  features  produced,  dis- 
tributed, exploited  and  exhibited,  in 
an  economical  and  business-like  man- 
ner, I  predict  that  1934  will  be  the 
most  satisfactory  year  the  industry 
lias  ever  witnessed. 


Para. -St.   Francis 
Bond  Deal  Approved 


(Continued  from    pane    I) 
now    in    bankruptcy,    was    issued   yes- 
terday  by   Keteree  Henry    K.   Davis. 

Under  the  plan  the  building  will  be 
leased  for  99  years  by  the  Lurie  Co., 
a  newly  organized  leasing  company, 
at  an  annual  rental  of  $70,000.  A  $/5,- 
000  down  payment  will  be  made  by 
Paramount  Publix  to  cover  last  year's 
unpaid  rent  on  the  building,  plus  inter- 
est and  administration  cliarges.  A 
$140,000  defaulted  bond  issue  on  the 
building  will  be  paid  in  full,  under  the 
plan,  by  the  Lurie  Co.  and  Paramount 
Publix,  with  Paramount  receiving  a 
note  from  the  new  leasing  company 
for  all  moneys  expended  by  the  parent 
company  in  behalf  of  readjustment  of 
the  bond   issue. 

The  St.  Francis  is  one  of  several 
west  coast  theatre  properties  originally 
leased  by  Paramount  to  Fox  West 
Coast  and  now  involved  in  a  contro- 
versy over  alleged  defaulting  of  the 
lease  contract. 


Old  Paramount  Name 
Is  Changed  to  Lares 

Dover,  Del.,  Dec.  27.— Paramount- 
Famous-Lasky  Corp.  changed  its 
name  here  today  to  the  Lares  The- 
atre Corp.  of  New   York. 

Ralph  Kohn,  in  charge  of  Para- 
mount theatre  operations,  could  not  be 
reached  yesterday  for  comment  on  the 
reasons  for  the  change  of  name  of 
the  Paraniount-Famous-Lasky  Corp., 
which  has  been  inactive  since  Para- 
mount Publix  became  the  parent  or- 
ganization in  1927. 


W.  W.  Armstrong  Dead 

Seattle,  Dec.  27.— W.  W.  Arm- 
strong, well  known  northwest  theatri- 
cal man,  died  at  the  Seattle  General 
Hospital.  He  had  been  a  resident  of 
the  city  for  the  past  17  years,  having 
been  associated  with  a  number  of  the 
film  exchanges.  Before  coming  here 
he  operated  a  theatre  in  Vancouver 
B.  C. 


U.  A.  Men  in  Town 

Sam  Horowitz  and  A.  M.  Good- 
man, U.  A.  branch  managers  in  Kan- 
sas City  and  Cleveland,  arrived  yes- 
terday to  spend  the  holidays  here. 
George  Dillon,  special  sales  represen- 
tative working  out  of  Atlanta,  returns 
to  the  south  today  after  visiting  his 
family  here. 


Postpone  Amity  Action 

Preliminary  examination  of  E.  W. 
Hammons  in  an  action  filed  by  Amity 
Pictures  to  recover  film  revenues  al- 
leged to  be  due  on  Tiflfany  pictures, 
which  was  scheduled  for  yesterday, 
was  postponed  to  Jan.  3. 


Loew  Party  on  High  Seas 

Artluir  and  Mrs.  Loew  and  Joe  and 
Mrs.  Vogel  are  en  route  to  the  Dutch 
East  Indies  from  Australia.  They  will 
arrive  Dec.  30.  On  April  3  the  Vogels 
sail  for  New  York  from  Naples,  ar- 
riving here  about  April  11. 


Rowland-Brice  Dicker 

Holly woon,  Dec.  27. — Monty  Brke 
and  William  Rowland  are  negotiating 
with  Universal  for  release  of  features 
to  be  made  with  Shubert  money,  it  is 
understood. 


Now  that  the  Motion 
Picture  Code  is  settled, 
the  next  big  job  facing 
this  industry  is     •     •     • 


THE  NEW  CODE 
FOR  LOVERS! 

MILLIONS  WILL  SIGN  IT .  .  .  THOUSANDS 
OF  SHOWMEN   WILL   SIGN   FOR    IT! 

It  will  revolutionize  the  love  habits  of 

the  nation 

Establish  a  24-hour  day  for  romance  . 
Call  20  million  idle  husbands  back  to 
their  home-work! 

A  MAMMOUTH  NATION-WIDE  DRIVE  TO  PUT 
THE  COUNTRY  SQUARELY  BEHIND  THE  N  C  L 
STARTS    JANUARY    13th    WITH    THE    RELEASE    OF 


um 


FEATURING  PRACTICAL  DEMONSTRA- 
TIONS OF  THE  NEW  RULES  FOR  ROMANCE 
BY    THESE    PROMINENT    LOVE    EXPERTS— 

Adoiphe  Meniou 
Genevieve  Tobin 
Edward  Everett  Norton 
Mary  Astor  •  Guy  Kibbee 
Patricia  Ellis 
William  Keighley/  Director 


Here  are  a  few  of  the 

STARTLING 
NEW  RULES 

for  Husbands,,, 
Wives. .  .Sweethearts! 

1.  Make  your  sweet- 
heart's wife  feel  per- 
fectly at  ease  when  she 
visits  you — even  if  you 
have  to  smoke  a  cigar 
to  do  it! 

2.  Don't  ask  embarrass- 
ing questions  when 
you  visit  your  hus- 
band's cM^r  apartment 
...  It  might  annoy 
your  hostess. 

3*  Don't  question  your 
husband's  alibi  about 
staying  all  night  with 
a  sick  friend...  Maybe 
she  was  sick ! 

4.  Don't  try  to  teach 
your  husband's  sweet- 
heart a  lesson  . .  .Take 
lessons  from  her ! 


WARNER    BROS. 

SET  THE  NEW  STYLE  IN  SCREEN  ROMANCE  FOR   1934! 


Vifaarooh.  Irxz 


MOTION  PICTURE 

DAILY 


Thursday,  December  28,   1933 


Coast  to  Get 
An  Office  for 
Code  Matters 


(Continued  from    page    1) 

report  its  actuities  to  the  govern- 
ment, as  does  the  eastern  office.  In 
addition  to  opening  the  Hollywood 
Code  Authority  branch,  Rosenblatt 
will  call  meetings  of  all  studio  em- 
ployes, analyze  the  code  and  answer 
i|uestions  pertaining  to  production.  He 
will  be  here  at  least  a  week  and  prob- 
ably two,  during  which  time  he  is  ex- 
pected to  delve  into  the  salary  ques- 
tion. 

According  to  the  code,  the  standing 
committee  is  to  be  representative  of 
employers,  extras  and  the  public.  It 
is  desigjied  to  effectuate  the  puriwses 
and  to  interpret  the  terms  of  any  pro- 
visions made  for  extras  and  to  super- 
vise same,  receive  and  pass  on  com- 
plaints and  grievances  and  otherwise 
to  aid  in  effectuating  the  provisions, 
subject  to  review  by  the  administrator. 

During  Rosenblatt's  coast  trip,  no 
sessions  of  the  Code  Authority  will  be 
hejd  in  New  York.  He  is  at  present 
the  only  government  representative  on 
the  board.  Dr.  A.  Lawrence  Lowell 
having  refused  to  accept  his  appoint- 
ment. 


John  Flinn  Named 
To  Authority  Post 

(Continued  from   pane   1) 

was  exclusively  reported  in  Motion 
PiCTiRE  D.Mi.v  on  Dec.  20,  the  day  the 
authority  held  its  first  meeting.  His 
name  was  proposed  by  major  repre- 
sentatives at  the  session  but  due  to 
objections  by  independents,  final 
selection  was  left  to  the  committee 
named  above. 

Because  a  unanimous  decision  was 
needed  in  approving  the  selection. 
Yamins'  vote  was  required,  Schenck 
and  Schaefer  already  having  voiced 
approval  of  Flinn.  The  independents' 
nod  was  received  yesterday. 

Originally,  the  government  post  was 
slated  to  pay  $12,000  annually,  but 
this  figure  has  been  pared  to  $10,400 
a  year,  or  $200  a  week.  Flinn  resigns 
his  post  at  Paramount  and  officially 
takes  up  his  new  job  at  the  next 
session  of  the  Code  Authority,  Jan.  4. 
He  is  also  president  of  the  Ampa  and 
will  ask  for  a  leave  of  absence  at  to- 
day's   meeting    of    the    organization. 

Although  unconfirmed  late  last 
night,  it  is  understood  there  will  be 
no  successor  to  Flinn  at  Paramount, 
where  he  has  been  handling  special 
exploitation. 


Rosenblatt  Due  Friday 

Division  Administrator  Sol  A. 
Rosenblatt  arrives  from  Washington 
tomorrow  evening  to  spend  the  New 
Year's  holidays  with  his  family  at 
Great  Neck,  L.  I. 


John  Zinn  Quits  at  ''U" 

Hollywood,  Dec.  27. — John  Zinn, 
four  years  with  Universal  as  a  busi- 
ness manager,  resigned  today.  His 
future   is   undecided. 


At  Biograph  Studio  Opening 


Left  to  right:  Herbert  J.  Yates,  president  of  Consolidated;  Robert  H.  Ham- 
mer, vice-president,  Biograph  Studios,  Inc.;  E.  A.  Nicholas,  vice-president  of  RCA 
Victor  in  charge  of  sales;  Helen  Morgan,  stage  and  film  player;  Chester  Erskine, 
director  whose  first  picture,  "Frankie  and  Johnnie,"  will  launch  Biograph  on  its 
way,   and   Harry    M.   Goetz,   president,   Biograph    Studios,    Inc. 


Briskin  Returns  Today 

.Sam    Briskin.    studio    manager    for 
Columbia,  returns  from  Europe  today. 


Biograph  Formally 
Opens  Its  Portals 

(Continued   from    page    \) 

brought  it  up-to-date,  marked  its  for- 
mal opening  yesterday  afternoon  with 
a  party  at  which  the  estimated  attend- 
ance ran  to  500.  The  visitors  came 
and  went  all  gfternoon. 

To  dance  music  supplied  by  Victor 
Youjig  and  his  orchestra,  and  cock- 
tails and  iiighballs,  plus  food,  supplied 
by  two  bars  on  either  side  of  the  lower 
stage,  the  ceremonies,  entirely  in- 
formal, began  at  three  o'clock  and  ran 
,nto  early  evening. 

Many  oj  the  leaders  of  the  industry 
in  New  York  were  among  those  pres- 
ent. One  of  the  nice  gestures  of  the 
day  was  a  formal  courtesy  visit  paid 
Robert  H.  Hammer,  Biograph  vice- 
president,  by  H.  G|  Knox  of  Erpi  and 
T.  K.  Glennon  of  Eastern  Service 
Studio  with  which  Biograph  is  now 
in  competition. 

An  array  of  high  officials  of  RCA 
Victor  which  installed  the  Photophone 
"High  Fidelity"  sound  which  the  re- 
vamped studio  will  use  made  the  trip 
from  Camden  to  attend  the  opening. 
Among  them  were  E.  A.  Nicholas, 
vice-president  in  charge  of  sales ; 
Major  I.  E.  Lambert,  vice-president 
and  general  attorney ;  VV.  R.  G.  Baker, 
vice-president  in  charge  of  engineering 
and  manufacturing ;  E.  O.  Heyl,  sales 
manager^  Photophone  division ;  Pierre 
Boucheron,  advertising  manager ;  Van 
Ness  Phillips,  head  of  the  export 
division,  and  Julius  Haber,  in  charge 
of  public  relations. 

During  20  years  following  its  open- 
ing in  1908  the  studio's  two  stages 
were  devoted  to  silent  pictures,  but 
in  recent  months  it  has  been  entirely 
rebuilt  for  sound  work.  The  base- 
ment houses  storage  spaces  for  equip- 
ment and  props,  complete  carpentry 
and  machine  rooms,  a  ventilating  sys- 
tem, and  the  nerve  centers  of  a 
sprinkler  and  fire  fighting  apparatus. 
Also  on  the  lower  level  is  the  admin- 
istration quarters  and  one  of  the  light 


control  boards. 

On  upper  levels  of  the  administra- 
tion building  are  business  offices,  pro- 
jection roomsj  a  barber  shop,  vvith 
makeup  men,  rehearsal  rooms,  cutting 
rooms,  film  vaults  and  a  restaurant. 
Connecting  with  this  is  a  four-story 
building  \vith  two  large  stages.  The 
lower  stage,  on  the  second  floor,  is 
118  feet  X  77  feet,  with  Z2  feet  head- 
room. The  upper  stage  is  on  the 
fourth  floor  and  has  the  same  floor 
dimensions  with  28  feet  headroom,  ex- 
cept in  the  center,  where  it  is  il  feet. 

Chester  Erskine  will  start  produc- 
tion Jan.  2.  His  first  will  be  "Frankie 
and  Johnnie"  probably  with  Tallulah 
Bankhead   and   Helen   Morgan. 

Among  those  glimpsed  were: 

K.  W.  Altschuler,  Fred  Ayer,  Lee  S. 
Buckingham,  Walter  Brown,  Richard 
Brady,  Pierre  Boucheron,  Ben  Blake,  J.  J. 
Brown,  Jr.,  C.  D.  Burrows,  Colvin  Brown, 
W.  C.  Bentley,  J.  Baker,  H.  O.  Bele, 
David  Beberman,  Harold  Collins,  C.  Conk- 
hn,  J.  P.  Case,  J.  W.  Cotifman,  R.  H. 
Cochrane,  Jack  Cosman,  James  A.  Cron, 
R.  Delson,  Henry  L.  Davis,  Ben  Erdman, 
Arthur  W.  Eddy,  Bernard  F.  Foster,  T. 
C.  Fry,  Harry  Frazee,  H.  B.  Franklin, 
R.  E.  Fehse,  Eddie  Golden,  Charles  Goetz. 
Jack  Goetz,  Harry  M.  Goetz,  Raymond 
Gallagher,  Raymond  Gallo,  Wallace  Guer- 
her,  Bert  Glennon,  L.  Gray,  H.  Grey,  M. 
Green,  Philip  A.  Hunt,  Julius  Haber,  E. 
O.  Heyl,  Earle  W.  Hammons,  Helen  E. 
Hughes,  Joe  Home,  George  Halbert,  H. 
A.  Huebner,  W.  Ray  Johnston,  Sydney 
Jerome,  H.  G.  Knox,  Red  Kann,  J.  Kapp, 
M.  H.  Lavenstein,  C.  L.  Lootens,  N.  K_. 
Loder,  Major  I.  E.  Lambert,  H.  Lott,  Jo- 
seph Mayer,  Harold  Menken,  Helen  Mor- 
gan, F.  Murphy,  A.  J.  Miller,  Duncan  Mc- 
(juire.  Willard  S.  McKay,  J.  MacWilliams, 
Oscar  Neu,  H.  G.  Neu,  Lee  A.  Ochs,  Van 
Ness  Philip,  Ralph  Poucher,  R.  F.  Perez, 
Martin  Quigley,  Erno  Rapee,  W.  H.  Ray- 
bell,  N.  E.  Raymond,  J.  Rothenberg,  F. 
Rothenberg,  J.  J.  Speiss,  Bernard  Schultz, 
Jess  Smith,  M.  Simon,  S.  Siegel,  H.  Smith, 
J.  Schneider,  A.  E.  Satherley.  M.  J.  Siegel.. 
J.  Schwartz,  E.  H.  Seifert,  Douglas  Simon, 
Harry  Thomas,  Nick  Tronolone,  Fred  Tie- 
pel,  A.  Tabb,  A-Mike  Vogel,  A.  J.  Van 
Beuren,  A.  F.  Wiseburn,  Arthur  Williams, 
C.  D.  Wooster,  .Sidney  Wilmer,  William 
Wentz,  Richard  Wallace,  J.  Wexler,  H.  J. 
Yates,  Sr.,  H.  J.  Yates,  Jr.  and  T.  W. 
Yates. 

Advent  of  Biograph  in  its  new  dress 
was  heralded  by  a  special  section 
published  in  Motion  PicrrRE  Daily 
on  Tuesday.  Copies  of  the  edition  were 
much  in  evidence  at  the  opening. 


Wingate  Says 
No  New  Rules 
Are  Necessary 


(Continued   from    page    I) 

crease  in  the  number  of  better  pictures 
had  resulted  during  the  year. 

"The  cooperation  of  i>roducers  is 
definitely  better  now  than  it  was  a 
year  ago,"  Dr.  Wingate  said.  "There 
is  a  better  realization  of  what  is 
wanted  in  picture  improvement  and 
there  is  a  greater  willingness  to  at- 
tain it.  This  has  been  aided  by  the 
box-office  success  of  pictures  like 
"Little  Women,"  which  have  demon- 
strated so  clearly  that  a  clean  picture 
can  be  a  commercial  success.  We  will 
see  more  biographical  and  historical 
plays   in   the  near   future." 

Dr.  Wingate  is  here  on  a  periodical 
visit  to  the  M.P.P.D.A.  home  office 
and  plans  to  return  to  Hollywood  im- 
mediately  after  the   first  of  the  year. 


Denver  Code  Board 
Names  Well  Known 

Denver,  Dec.  27. — Most  of  the  bet- 
ter known  film  leaders  in  this  terri- 
tory are  included  among  the  names 
submitted  to  the  Code  Authority  as 
nominees  for  zoning  and  clearance 
and  grievance  boards  by  the  Rocky 
Mountain  Theatre  Owners'  Ass'n. 

For  zoning  and  clearance  boards 
the  names  follow :  Affiliated  distribu- 
tors— J.  H.  Ashby,  RKO  manager; 
Earl  Bell,  Warners;  non-affiliated 
distributor — Wayne  Ball,  Columbia; 
affiliated  exhibitors — Rick  Ricketson, 
F.  W.  C.  Intermountain  Division 
manager;  L.  J.  Finske,  Cooper-Pub- 
lix  ;  non-affiliated  exhibitor.s — Louis 
Hellborn,  Denham,  manager;  E.  J. 
Schulte,  Casper,  Wyo.,  owner ;  subse- 
quent run  exhibitors — Burns  Ellison, 
I'ederal  owner ;  Buzz  Brings,  State 
manager ;  A.  P.  Archer,  Civic  Thea- 
tres ;  Harry  Nolan,  owner  of  houses 
at  Greeley  and  Grand  Junction. 

Grievance  board :  Affiliated  dis- 
tributors ;  Ashby,  J.  R.  Morrison,  Fox 
manager ;  Jack  Langan,  Universal 
manager;  non-affiliated  exhibitors — 
Wayne  Ball ;  affiliated  exhibitors, 
Ricketson  and  Finske ;  non-affiliated 
exhibitors — Harry  Huffman,  Denver 
circuit  operator. 


Ampa  Seeks  Members 
Outside  of  New  York 

Broadening  its  activities  to  include 
all  publicity  and  advertising  men,  the 
Ampa  is  inviting  membership  from 
press  agents  in  the  field  as  far  west  as 
Chicago  and  east  to  Boston.  The 
move  was  decided  upon  at  a  recent 
meeting  of  the  board  of  directors. 


Writers'  Guild  to 
Make  Officer  Shifts 

Hollywood,  Dec.  27. — Starting  in 
March,  Joe  Manciekwicz  will  be  suc- 
ceeded as  secretary  of  the  Writers' 
Guild  by  Dudley  Nichols  and  Ralph 
Block  will  be  succeeded  by  Ernest  Pas- 
cal as  treasurer.  Block  is  acting  presi- 
dent. 


*<< 


•  • 


in  your  usual,  expert  manner" 


BiOGRAPH  Studios,  inc 

807   EAST   175th  STREET 
New  York  Cit> 


TREMONT    3-9IOO 


December  27,  1935 


Motion  Pictiorc  Daily 
1790  Broadway 
New  York,  N.y. 

Dear  Cire: 

We  are  all  pleased  with  your  handling  of 
the  Biograplj  Studio  Section  which  appeared  in  notion 
Picture  Daily  on  Tuesday,  December  k&. 

The  issue  was  well-conceived  and  executed 
in  your  usual  expert  manner.  It  told  the  story  oi  our 
new  enterprise  and  told  it  well. 

The  section  will  do  what  we  want  it  to  do: 
to  direct  the  attention  of  the  Industry  to  what  we  are 
certain  will  be  an  important,  new  motion  picture  endeavor. 

Congratulations  on  the  job  you  turned  out. 

Vei^  truly  yours, 

BiOGRAPH  CTIilJOE  J«C. 


MOTION  PICTURE  DAILY 

Live,  Alert,  Progressive  Business  Newspaper 


..GUINEA   PIG 
ADVENTURES 


Q 


TERRY  RAMSAYE,  Editor  of 
MOTION  PICTURE  HERALD, 
rambling  and  exploring  in  the  motion 
picture  areas  of  the  United  States  has 
come  to  a  pause  in  Hollywood,  and 
like  the  Chinese  diplomat  that  he  is, 
he  begins  his  series  of  articles  about 
picture '  making  and  picture  -  makers 
by  starting  at  the  end  when  the  prod- 
uct  is  done,  with  a  story  of  the 
preview* 

His  first  Hollywood  article — 
"Guinea  Pig  Adventures  in  Preview 
Land'^ — appears  exclusively  in 
this  week's  issue  of       ♦       ♦       ♦ 

ViOTION  PICTURE 

HERALD 


OUT      TODAY 


Q 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 

and    -    ,  "x''.^ 
Faithful  1    0 
Service  to 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  151 


NEW  YORK,  FRIDAY,  DECEMBER  29,  1933 


TEN  CENTS 


Davis  Delays 
O.K.  for  New 
Dent  Lineup 

Approval  Awaits  Arrived 
Of  Hoblitzelle  Counsel 


Approval  by  Referee  Henry  K. 
Davis  of  corporate  and  financial  plans 
under  which  the  capital  stocks  of  all 
subsidiaries  of  Dent  Theatres,  Inc., 
will  be  sold  to  a  new  corporation  to 
be  organized  later  was  withheld  yes- 
terday pending  the  arrival  of  counsel 
for  Karl  Hoblitzelle,  who  is  expected 
here  from  Texas  today. 

Under  the  basic  plan  approved  by 
Referee  Davis  on  Oct.  6,  the  54  Texas 
and  New  Mexico  houses  comprising 
the  Dent  circuit  will  be  operated  for 
Paramount  Publix  by  Hoblitzelle,  who 
pays  the   Paramount   trustees  $50,000 

(Continued  on   pace  8) 


Libson  and  Road  He  Goes 
Cincy  ^s  ' 'Ace ' '  Attraction 


No  Alternates  Set; 
Need  Jolinson  O.K. 

Although  W.  C.  Michel  act^d  as 
alternate  for  S.  R.  Kent  due  to  the 
latter's  absence  in  Hollywood  and 
J.  Robert  Rubin  for  Nicholas  M. 
Schenck  because  the  M-G-M  and 
Loew  president  was  expected  to  be 
called  out  of  the  first  Code  Authority 

(Continued  on    pape   8) 


lATSE  Opens  Office 
In  Hotel  at  Capital 

The  I.A.T.S.E.  has  opened  offices 
at  the  Hamilton  Hotel  in  Washington 
with  Louis  Krouse,  executive  assistant 
to  William  C.  Elliott,  in  charge.  The 
plan  is  to  be  near  the  NRA  head- 
quarters in  the  event  labor  problems 
come  up  for  discussion. 


Flinn  to  Continue 
As  Ampa  President 

John  C.  Flinn  will  continue  as 
president  of  the  Ampa  in  addition  to 
his  post  as  executive  secretary  of  the 
Code  Authority.    He  is  now  finishing 

(Continued  on   page  4) 


Time  for  Practice 

Hollywood,  Dec.  28.  —  Sol 
Violinsky,  now  here  for  the 
winter  and  hoping  to  recon- 
nect with  the  Marx  Brothers, 
says  his  pawnbroker  plays  his 
violin  better  than  he  does — 
He  has   had  it  much  longer. 


By  RED  KANN 

Cincinnati — Isaac  Libson  is  his 
name,  but  he's  more  easily  recog- 
nizable when  he's  called  Ike.  For 
years  the  dominant  figure  in  Cinciin- 
nati's  show  world  until  he  sold  out 
to  interests  that  finally  alphabetized 
themselves  into  RKO,  this  showman, 
one  of  America's  veterans,  is  back 
in  the  saddle  once  again  and  in  the 
strategic   spot   which   once   was   his. 

It  is  now  a  trifle  over  a  month 
since  Libson  and  Ben  L.  Heidings- 
feld,  lawyer  and  associate  of  many 
years'  standing,  were  elected  to  the 
board  of  RKO  Midwest  Corp.,  a 
wholly-owned  Radio-Keith-Orpheum 
subsidiary  which  is  the  big  noise  ex- 
hibition-wise here.  With  that  move 
came  Libson's  return  to  power  and 
considerable  speculation  on  the  part 
of  those  who  know  over  what  road 
Libson  will  travel  and  what  it  will 
(Continued  on  page  4) 


Toronto  Sunday  Ban 
On,  Montreal  Opens 

Toronto,  Dec.  28. — Police  have  is- 
sued a  warning  that  no  kind  of  per- 
formance, free  or  otherwise,  will  be 
permitted  Sunday  evening  before  mid- 
night and  no  tickets  can  be  sold  at 
box-offices  on  Sunday  for  the  New 
Year's  midnight  shows.  Advance  sale 
of  tickets  will  be  limited  to  Saturday 
night. 

In  contrast  with  this,  Montreal  will 
run  full  blast  all  day  Sunday  and 
throughout  Sunday  night,  with  no  re- 
strictions on  ticket  sales. 


The  Ninth 

Cincinnati,  which  pretty 
much  means  Ike  Libson,  is 
covered  today  in  the  ninth  of 
a  series  on  Middle  Western 
business    conditions. 

Pittsburgh  will  appear 
shortly. 


More  Theatre 
Unions  Seen 
As  Impending 


Further  unionization  of  theatre  em- 
ployes loomed  yesterday  as  the  result 
of  the  settlement  of  a  jurisdictional 
squabble  between  the  Ass'n.  of  The- 
atre Agents  and  Managers,  which  has 
an  A.  F.  of  L.  affiliation,  and  the 
Theatre  &  Amusement  Employes' 
LTnion  of  New  York  by  which  the 
latter  relinquished  to  the  first-named 
organization  any  right  to  unionize 
house   treasurers   and   ticket   sellers. 

In  its  essence,  the  arrangement  in 
which  participated  Theodore  Mitch- 
ell, president,  and  Charles  F.  Law- 
rence, secretary  and  treasurer  for  the 
Ass'n.  of  Theatre  Agents  and  Man- 
agers, and  Charles  C.  Levey,  secre- 
tary   and    treasurer    for    the    Theatre 

(Continued  on  page  2) 


Berman  Asks  Less 
Talk,  More  Sweat 


By  FANDRO  BERMAN 
Associate  Producer,  RKO 

Hollywood,  Dec.  28. — There  is,  and 
always  has  been,  a  bit  too  much  talk 
and  not  enough  hard  work  in  this  in- 
dustry. 

The  depression  has  helped  a  lot  to 
rectify  this  condition,  and  undoubtedly 
this  buckling  down  to  duty,  to  sincere 
creative  effort,  is  going  to  be  reflected 
in  1934  in  the  finest  entertainment 
product  this  industry  has  ever  known. 

The  NRA  is  yet  an  untried  and  un- 
proven  experiment,  in  so  far  as  motion 
pictures  are  concerned.  But  there  is 
no  denying  that  its  general  premise 
and  the  motive  behind  it  are  praise- 
worthy. Let's  not  predict,  but  just 
put  our  trust  in  this  institution  and 
start  working  hard  .  .  .  harder  than 
we  have  ever  worked  before,  to  make 
better-than-good  pictures. 


Goldstein  Expects 
Pick-Up  for  1934 

By  E.  H.  GOLDSTEIN 
Vice-President,  Majestic 

I'm  no  crystal  gazer.  Therefore,  I 
make  no  definite  prophecies  about  the 
code,  or  the  perplexing  problems  of 
the  business.  Based  on  actualities, 
however,  I  think  1934  will  see  an 
improvement  of  business  for  all  in- 
dustries, and  therefore,  of  necessity, 
for  our  own  business. 

Repeal  has  helped  already.  We  have 
some  evidence  of  that  now.  People, 
in  general,  are  somewhat  more  confi- 
dent and  hopeful  because  the  unem- 
ployment bugaboo  is  somewhat  dimin- 
ished. 

Movies  are  indispensable  and,  as  the 
prospects  brighten  slowly  but  surely 
for  recovery,  our  business  in  the  same 
slow  but  sure  manner,  will  receive  the 
benefits  of  a  gradual  return  to  nor- 
malcy. 


RKO  Center's 
1st- Year  Take 
1,084,959 


Total   for   Radio   City's 
Houses  $5,055,665 

The  RKO  Center,  nee  the  Roxy, 
trailed  its  big  brother,  the  Music  Hall, 
into  an  anniversary  of  its  own  last 
night  when  it  completed  the  first  year 
of  operation  to  a  total  gross  of 
$1,084,959.  The  figures,  compiled 
from  Motion  Picture  Daily  records, 
indicate  a  total  business  for  both 
houses  of  $5,055,665  for  the  12-month 
period,  sans  the  first  two  weeks  of 
the  bigger  house  when  the  all-stage 
policy  held  the  boards. 

From  the  day  it  opened  on  Dec.  29, 
1932,  the  Center  remained  faithful  to 
the  film  end  of  its  program.  In  its 
first  21  weeks,  which  closed  on  May 
25,  first  run  pictures  and  presenta- 
tions, on  a  more  modest  scale  than 
prevailed  up  6th  Ave.  at  the  Music 
Hall  were  the  scheme.  In  those  21 
weeks,  the  house,  aided  by  curiosity 
patronage  which  went  to  see  what  the 
house  was  about  for  the  first  time, 
turned  in  $693,287  of  its  yearly  take. 

On  May  26,  the  policv  was  switched 
to  features  only  and  the  theatre  made 
part  of  the  RKO  city  metropolitan 
circuit,  playing  product  day  and  date 
with  neighborhood  de  luxers  such  as 
the  81st  St.  Thirty-one  weeks  under 
that    policv    resulted    in    a    $391,672 

(Continued  on   page  8) 

A.  T.  &  T.  Gets  Big 
Loew's  Stock  Block 

A.  T.  &  T.  will  acquire  approxi- 
mately 230,000  shares  of  Loew's  stock 
under  the  split-up  of  the  block  of 
660,900  shares  which  were  purchased 
at  auction  last  week  by  a  committee 
representing  holders  of  $18,300,000  of 
defaulted    notes    of    Film    Securities 

(Continued  on  page  2) 


Minor  Actors  Charge 
Violations  of  Code 

Hollywood,    Dec.    28. — Supporting 

and    extra    players,    jointly    with   the 

Hollywood  Picture  Players  Ass'n.,  are 

planning  action  against  alleged  produ- 

(Continued  on   page  8) 


No  Paper  Monday 

Motion  Picture  Daily  will 
not  publish  on  Monday,  Jan. 
1,  New  Year's  Day. 


MOTION.  PICTURE 

DAILY 


Friday,  December  29,   1933 


MOTION  PICTURE 

DAILY 

(Registered   U.  S.   Patent  Office) 


Vol. 


December   29,    1933 


No.   151 


Martin   Quigley 
Editor-in-Chief  and  Publisher 


MAURICE  KANN         mo 
EditeMT  ^-"^ 

JAMES  A.  CRON 
Advertising  Manaaer 


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  1933  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.  Clifford, 
manager:  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman. 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre.  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cliff 
Holt.  Representative;  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart.  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road,  G.  fiolmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi, 
Representative. 

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  foreigii 
$12.      Single  copies:    10  cents. 


Fiske  Here  to  Seek 
Distribution  Deals 

William  Fiske,  III,  president  of 
Seven  Seas  Corp,,  is  in  town  nego- 
tiating for  release  of  a  series  of  fea- 
tures to  be  produced  in  foreign 
countries.  His  first.  "Cane  Fire,"  was 
made  in  Hawaii  with  Hollywood  prin- 
cipals and  a  native  supporting  cast. 

His  next  will  be  made  in  the  Philip- 
pines. Later  he  plans  one  in  China, 
to  be  called  "Oil  for  China  Lamps." 

Seeks  Gloria  Swanson 

Hollywood,  Dec.  28.— Warner  is 
seeking  Gloria  Swanson  to  play  op- 
posite Edward  G.  Robinson  in  "Na- 
poleon." The  company  has  assigned 
Kay  Francis  to  another  costume  film 
"Dubarry." 


STATE  RIGHTS 
FOR  SALE 


"Streets  of  Sorrow" 

(Synchronized    with    Music) 

and  Ivan  Abramaon's  original 

version  of 

"ENLIGHTEN  THY 
DAUGHTER" 

Featuring   Arthur    Donaldson   and   Zeena    Keefo 

-,.>,    ,.fUBLIC    WELFARE    PICTURES 

723   7th   Avenue  New   York   City 


LeRoy  Gets  Last 

Taste  of  Freedom 


Mervyn  LeRoy,  who  on  Tuesday 
will  marry  Doris  Warner,  sole  daugh- 
ter of  H.  ^L,  had  a  tough  time  get- 
ting admitted  to  his  own  bachelor 
dinner  at  the  Astor  last  night.  About 
150  Warner  executives  and  friends  of 
the  director  conspired  with  him  in 
making  his  last  stand  for  freedom.  By 
the  time  the  party  broke  up  early 
this  A.  M.  the  efforts  of  a  battery 
of  masters  of  ceremonies  and  others 
had  been  successful  in  making  Mer- 
vyn sufficiently  familiar  with  the 
facts  of  life  to  enable  him  to  enter 
matrimony    without   trepidation. 

Arrangements  were  in  the  hands  of 
Gradwell  L.  Sears,  Harold  Rodner 
and  S.  Charles  Einfeld.  The  trio 
set  out  to  make  it  hot  for  LeRoy  and 
from  the  director's  looks  they  were 
successful. 

Among  those  present  besides  these 
were : 

.Mbert  Warner,  H,  M,  Warner,  Sam 
E,  Morris.  A.  C.  Thomas.  Samuel  Carlisle, 
.Stanleigh  Friedman,  Harold  Bareford,  Carl 
Lesernian,  Rudy  Weiss.  Arthur  Rapf.  Al 
Levy.  Sam  Schneider.  Al  Lasker,  Clayton 
liond.  W,  S.  McDonald,  Joseph  Bernhard, 
I.  J,  Hoffman.  Ted  Schlang:er,  Lester 
Kriefier,  Moe  Silver,  Frank  Cahill,  H. 
Maier,  Tom  Martin,  Jim  Burman,  Steve 
Trillins.  Sid  Retchetnik,  Toe  Miller,  Abe 
Devorsky,  A.  W.  Smith,  Jr.,  Jake  Wilk. 
Paul  Muni.  Herman  Starr,  Arthur  Lyons. 
Herman  Baker,  Cliff  Hall,  Jack  Pearl. 
Paul  Burger.  J.  Englander,  Harry  M. 
Tioetz,  Tules  E.  Brulatour,  Myer  Lesser, 
R.  W.  Budd,  Red  Kami,  James  P.  Cun- 
ningliani.  Don  Gillette.  Jack  Alicoate, 
Harry  Charnas,  Jules  Levy,  Moe  Rosen- 
berg, Buddy  Morris.  Al  Manlieimer,  M. 
Ebenstein,  B.  Halberstadt.  David  Beader, 
Ed  Schwartz,  "Toots"  Shore,  Ed  Davis, 
Arthur  Sachson,  Edward  L.  Alperson.  Jack 
Henley.  David  Mendoza,  Herman  Ruby, 
Sam  Sax,  Eddie  Moran,  Lee  Stewart, 
Frank  L,  Gates,  Cy  Wood  and  J.  J.  Ro- 
senthal. 


Warners  Move  Zone 
Office  to  Memphis 

Memphis,  Dec.  28. — Transfer  of 
Warners'  Tennessee-Kentucky  zone 
office,  first  forecast  in  Motion  Pic- 
riRE  Daily  weeks  ago,  became  a 
reality  this  week  as  orders  for  the 
shift  from  T-ouisville  to  Memphis  were 
approved  in  the  circuit's  home  office. 

The  move  was  predicted  when  How- 
ard Waugh,  manager  of  the  local 
Warner,  was   made  zone  manager. 

.Saul  Immertna.n,  auditor,  has  ar- 
rived to  comnlete  details  of  the  trans- 
fer. Milt  Gurian.  chief  booker  for 
the  zone,  is  here  and  Joe  Bohn,  office 
manager,  with  the  personnel,  is  ex- 
pected soon. 


"A  Man's  Castle" 

{Columbia) 
Another  artistic  achievement  for 
Frank  Borzage.  .  .  .  Rich  in  human 
appeal  and  handled  with  tender 
charm.  .  .  .  Spencer  Tracy  is  excel- 
lent and  elicits  swell   support.   .   .   . 


"The  Son  of  Kong" 

(Radio) 
The  story   lags  up  to  the  last  two 
reels.    ...    It   is    mildly   entertaining 
and   probably   will   find  better   results 
with  children  than  adults.  .  .  . 


Full  reviews  of  these  two  films  7ml! 
appear  in  a  later  issue  of  Motion 
Picture  D.mly. 


Year's  Best  Picked 
By  Board  of  Review 

Selection  of  the  best  pictures  of  the 
year,  American  and  foreign,  has  been 
made  by  the  National  Board  of  Re- 
view.    The  winners  are : 

"Berkeley  Square,"  "Cavalcade,"  "Little 
Women."  "Mama  Loves  Papa."  "She  Done 
Him  Wrong,"  "State  Fair,"  "Three-Cor- 
nered  Moon."  "Topaze,"  "Zoo  in  Buda- 
pest," "The  Pied  Piper"  fWalt  Disney  car- 
toon), "Hertba's  Erwachen,"  "Ivan."  "M," 
"Morgenrot,"  "Niemandsland."  "Poi!  de 
Carotte,"  "The  Private  Life  of  Henrv 
VTTI."  "Ouatorze  Juillet,"  "Tlie  Rome  Ex- 
press"   and    "Le    Sang  d'un    Poete." 

"Topaze"  is  designated  the  best  film  nf 
the    year. 


Offices  Close  Saturday 

All  maior  companies,  with  the  ex- 
cention  of  Universal  and  LTnited  Ar- 
tists and  Fox,  which  has  not  reached 
a  decision,  will  close  their  home 
offices  tomorrow. 


Watts  on  Hollifwood 

Richard  Watts.  Tr..  film  critic  of 
Tltr  Neu'  York  Herald-Trihunc.  yes- 
terday launched  the  first  of  a  series 
on  Hollywood  where  he  now  is. 


Briskin  Back,  Confers 

Sam  Briskin,  Columbia  studio  man- 
ager, returned  vesterdav  from  Europe 
and  immediately  went  into  a  nrolonged 
conference  with  home  office  executives 


To  Affiliate  witfi  MPTOA 

Cor.r\rRus,  Dec.  28. — New  trustees 
of  the  Ohio  M.  P.  T.  O.  at  their 
first  meeting  todav  voted  to  affiliate 
with  the  M,  P.  T.  O.  A. 


«T7*> 


U"  Up  2%  in  Rising  Market 


Hieh 

Consolidated    Film    Industries 2VC 

Consolidated    Film    Industries,    pfd 103/^ 

F.astman    Kodak    SI 

Fox   Film    "A" 14 

I.oew's,  Tnc 28^ 

Paramount    Publix    2 

Pathe    Exchange    1'/ 

Pathc  Exchange  "A" lOJ^ 

RKO     ; 2'4 

T''tiiversal  Pictures,  pfd 18 

Warner   Bros SVi 


Stocks  Gain  on  Curb 


Hi-'h 

Educational     ■\74 

General   Tlieatre   Equipment,   pfd 3/16 

Technicolor    8'/ 

Trans  Lux   25^ 


,   ^  His'h 

General    Tlieatre    Equipment   6s    '40 13/< 

Paramount    Broadway   SV^s    '51 293/S 

Paramount   F.   T,.  6s   '47 30 

Paramount   Publix  5'/$s  '.SO 30 

Warner    Bros     6s    '.W.    wd '     40V^ 


Net 

Low 

Close 

Chanfe 

Sales 

23^ 

2V, 

600 

1014 

WVi 

-f-  V2 

800 

79^ 

mA. 

+2 

2.000 

12J4 

WA 

+VA 

2,7on 

2834 

285^ 

4-  V> 

4.800 

134 

2 

+  54 

14,000 

W 

VA 

200 

10'/, 

10?4 

-1-  54 

400 

2'A 

2'^ 

-t-  54 

1.200 

18 

18 

4-25^ 

1,000 

47A 

irb 

S% 

+  54 
Net 

5,200 

Low 

Close 

Change 

Sales 

\7A 

VA 



100 

3/16 

3/16 

+  1/16 

100 

814 

iVi 

-+-  v> 

100 

254 

2H 

+  Vi 

600 

rke 

t  Rise 

Net 

Low 

Close 

Change 

Sales 

354 

354 

3 

29?^ 

293< 

■4-  'A 

4 

29 

291/ 

+  'A 

26 

30 

30 

+  Va 

3 

3854 

40'/$ 

-fl 

30 

More  Theatre 
Unions  Seen 
As  Impending 


{Continued  from    page   1) 

&  Amusement  Employes'  Union  will 
turn  over  to  the  latter  all  cVisses  of 
employes  used  in  the  front  of  the  the- 
atre, such  as  ushers,  doormen  and 
ticket  choppers.  The  contract  giving 
Mitchell's  organization,  which  has 
heretofore  been  active  in  the  legiti- 
mate theatre  field,  ticket  sellers  re- 
sulted in  passing  to  his  jurisdiction 
300  cashiers  in  Greater  New  York 
theatres  which  Levey  declared  yester- 
day already  had  been  unionized. 

Mitchell's  union,  he  declared,  now 
covers  press  agents,  company  mana- 
gers, treasurers,  cashiers  and  ad- 
vance agents.  Both  organizations, 
through  their  spokesmen,  voiced  their 
intention  yesterday  of  working  jointly 
on  revision  of  the  code  provisions  on 
wages  as  those  clauses  affect  their  con- 
stituents. 


Ushers  at  Roxy  Refuse 
To  Join  the  New  Union 

Ushers  at  the  Roxv  have  turned 
down  an  offer  to  join  Building 
Service  Employes,  Local  118,  recently 
formed  to  unionize  local  theatre 
workers. 

A  spokesman  for  the  ushers  stated 
that  the  men  saw  no  benefits  in  join- 
ing the  union  and  since  all  are  being 
oaid  above  the  scale  provided  in  the 
industry  code  and  working  the  number 
of  hours  prescribed. 

Irving  Lesser  said  that  if  the  ushers 
wanted  to  join  it  was  un  to  them,  but 
he  had  no  objections.  He  also  stated 
that  the  management  offers  its  em- 
ployes more  benefits  that  any  union 
could   give   them. 


A.  T.  &  T.  Gets  Big 
Loew's  Stock  Block 

(Continued    from    parte    1) 

Corp.,  on  which  the  Loew's  stock  was 
posted  as  collateral. 

Holders  of  the  Film  Securities 
notes,  of  which  A.  T.  &  T.  was  the 
largest  with  $8,000,000.  are  now  turn- 
ing them  in  to  apply  on  the  purchase 
price  for  the  stock.  They  receive  a 
number  of  Loew's  shares  in  proportion 
to  the  amount  of  Film  Securities 
notes  turned  in  bv  each.  Chase  Na- 
tional Bank,  which  held  approximately 
$4,000,000  of  the  defaulted  Film  Se- 
curities notes,  receives  approximately 
115,000  shares  of  Loew's.  Dillon. 
Read  and  Hayden,  Stone  &  Co.,  each 
of  which  held  about  $2,000,000  of  the 
notes,  receive  approximately  57.500 
shares  apiece.  The  remaining  $2,300, 
000  of  notes  was  held  by  13  other 
banks  and  corporations,  among  which 
the  balance  o'f  the  Loew's  stock,  or 
approximately  200,000  shares,  will  be 
distributed. 


Romance  in  U.  A. 

In  addition  to  spending  a  brief  va- 
cation here,  Sam  Horowitz,  U.  A. 
branch  manager  in  Kansas  City,  is 
in  New  York  to  announce  his  engage- 
ment to  Sadie  Feuerstein,  secretary 
to  Al   Lichtman. 


NEWS 
OF  THE  WEEK 
IN  PHOTO- 
REVIEW 


'FASTEST  COMEDY  OF  THE  YEAR'— certain  money  at- 
traction'—are  samples  of  unanimous  press  applause  for 
Warners'    'Convention   City'   at  N.   Y.    Strand  premiere.® 


ANOTHER  HAPPY  NEW  YEAR  forecast  for 
'Disraeli',  as  initial  re -release  runs  bring 
holdover  biz  in  Washington  and  Denver.* 


NAPOLEON'S 
BOSS.  Frank 
Borzage  wins 
directorial  as- 
signment for 
Edw.  G.  Robin- 
son's next  for 
Warners'  after 
'Dark  Hazard'." 


'56TH  STREET'  STRONG  AT  SP^  STREET.  Kay 

Francis  hits  5th  record  week  at  Hollywood,  N.  Y., 
as  Variety  reports  'hunky  dory'  receipts  in  Boston 
and  Pittsburgh  openings.* 


*A  Warner  Bros.  Picture     °A  First  Nofionol  Picture     Vilagraph,  Inc.,  Distributors 


MOTION  PICTURE 

DAILY 


Friday,  December  29,   1933 


Piqued  by  Delay  in  Releases 


Libson  Back 
On  Throne  In 
Cincinnati 


(Continued  from   page   1) 
mean   in   re-shaping   the   local   theatre 
map. 

The  deal  that  took  the  circuit  which 
Libson  built  into  the  RKO  camp  in- 
volved considerable  money — millions, 
in  fact.  Much  of  the  purchase  price 
has  changed  hands;  a  substantial  por- 
tion of  it  has  not.  Does  the  change 
presage  a  switch  in  ownership?  Will 
RKO  go  through,  hold  the  houses  it 
bought  at  a  fancy  figure,  or  eventu- 
ally will  they  revert  to  the  man  who 
constructed    and   nurtured    them? 

The  eventuality  is  something  the 
future  will  take  care  of  in  due 
course,  but  that  doesn't  prevent  any- 
one who  can  wield  a  scalpel  from 
scraping  surface  indications  in  an 
effort  to  find  out  what's  to  be  found 
beneath. 

Regardless  of  all  that,  however,  the 
fact  in  the  situation  as  it  stands  to- 
day is  that  Libson  is  back  on  the 
theatre  throne  he  occupied  for  so 
long ;  back  to  run  the  RKO  theatres 
here  as  he  likes  without  worrying 
or  paying  too  much  attention  to  the 
ends  of  the  strings  that  lead  into  the 
RKO  Building  in  Rockefeller  Center. 

It  was  in  March  of  the  year  now 
rapidly  fading  that  RKO  made  its 
original  arrangement  for  Libson  to 
run  the  local  works.  He  did — for 
four  weeks ;  discovered  New  York 
insisted  upon  holding  the  whip  hand. 


Ambidextrous 

Cincinnati.  —  Moe  Segal, 
president  of  Majestic  Pictures 
of  Ohio,  now  operates  the 
Mayfair,  formerly  the  Ufa  in 
the  Masonic  Temple  Building. 
His  patronage  is  highbrow. 

That's  why  Segal  rarely,  if 
ever,  plays  any  of  his  own 
pictures. 


required  more  requisitions  and  memo- 
randums than  Libson  found  quite 
necessary  when  he  ran  the  selfsame 
theatres  himself,  and  quit  cold.  It 
was  immediately  thereafter  that  Nat 
Holt,  formerly  a  Fox  West  Coast 
man  and  now  RKO  divisional  man- 
ager with  headquarters  in  Cleveland, 
was   brought   in. 

Because  Libson  completely  domin- 
ates downtown  Cincinnati  and  all 
major  film  output,  but  one,  through  his 
management  of  RKO  houses,  he  is 
the  big  noise  and  the  city's  main  at- 
traction. Whenever  he  does  anything 
the  rest  of  the  theatre  fraternity  stops, 
looks  and  listens.  Probably  nobody 
but  Libson  could  operate  as  he  does 
today. 

Does  the  Unusual 

Even  while  he  had  pursued  his  way 
in  virtual  retirement  as  a  big  league 
operator,  he  had  kept  his  finger  in 
the  rich  pie  on  which  he  has  been 
thriving  for  these  many  years  through 
his  on-his-own  operation  of  Keith's, 
the  only  first  run  competitive  to 
RKO;  the  Gifts,  a  local  450-seat  sec- 
ond run ;  the  Strand,  a  1,000-seater 
in  Dayton,  and  the  Empress,  Grand 
Rapids. 

The  spectacle,  therefore,  is  an  un- 
usual one,  for  while  Libson,  of  neces- 
sity and  by  reputation,  will  and  does 
all  he  can  for  his  major  RKO  re- 
sponsibility, he  is  also  a  direct  com- 
petitor. That  goes  not  alone  for 
Cincinnati,  but  for  Dayton,  where 
RKO  operates  Keith's  and  Colonial, 
while,  at  the  minute,  it  keeps  the 
State  padlocked. 

Developing  under  his  guidance,  with 
the  actual  job  in  the  lap  of  Arthur 
Frudenfeld,  former  RKO  division 
manager  in  Detroit,  is  an  interesting 
Libsonian  idea.  It  finds  direct  reflec- 
tion in  a  brand-new  move  whereby 
the  3,300-seat  Albee,  the  l,8(X)-sea\ 
Capitol,  the  1,400-seat  Lyric  and  the 
l.lOO-seat  Family  will  divide  avail- 
able Class  A  product  whereas  it  was 
the  big  Albee  which  skimmed  the 
cream  from  the  celluloid  milk  until 
now.  There  remain  only  the  Grand, 
with  a  capacity  of  1,600,  and  the 
Family,  as  the  only  RKO-ers  down- 
town to  continue  on  a  split  week 
policy. 

The  Albee  hereafter  will  give  up 
some  of  the  big  pictures  in  favor  of 
the    others.     The    Capitol,    which    has 


been  a  second  run  following  the  Al- 
bee, is  thus  slated  for  a  build-up, 
while  pictures  which  will  appeal  to 
women  primarily  will  be  housed  at 
the  Lyric,  where  once  the  feminine 
contingent  liked  to  congregate  in  the 
theatre's  legitimate  days  and  still 
does.  The  Palace,  continuing  its  pol- 
icy of  films  plus  stage  show,  it  is 
figured,  will  continue  to  draw  on  the 
basis  of  what  goes  on  across  the 
proscenium. 

Libson,  like  other  major  theatre 
operators  throughout  the  Middle- 
west,  complains  in  no  uncertain  terms 
about  the  inability  of  what  he  calls 
the  "in  between"  attractions  to  get 
money.  He  asserts  the  one  big  draw- 
ing card  in  any  given  week  pulls, 
while  other  houses  suflfer.  It  is  his 
thought  that  an  equalization  of  avail- 
able money  pictures  over  the  power- 
fully intrenched  RKO  line-up  will  do 
much  to  alleviate  such  a  situation  by 
a  spread  in  bookings  and  a  gradual 
build-up  in  the  minds  of  the  buying 
public  that  not  all  of  the  best  are  to 
be  concentrated  in  any  one  gives 
house.  It  is  an  experiment,  pure  and 
simple  so  far,  but  Libson  knows  it 
will  take  months  for  the  microscope  to 
give  up  the  truth  and  proposes  carry- 
ing through  to  the  limit  on  his  hunch. 

Downtown  Business  Ahead 

Downtown,  business  is  far  ahead 
of  neighborhood  grosses.  The  ap- 
proximately 50  outlying  houses  em- 
braced in  the  geographical  boundaries 
of  Greater  Cincinnati  blame  this  state 
of  affairs  on  the  first  run  situation. 
Controlled  as  it  is  with  no  compe- 
tition to  fuss  over,  product  is  spotted 
in  when  the  Libson  office  decrees.  The 
claim  is  advanced  that,  under  exist- 
ing protection  which  compels  neigh- 
borhood houses  geared  at  25  cents 
top  to  wait  70  days  after  completion 
of  the  first  run,  pictures  are  anything 
but  fresh  out  of  the  can  and  that 
business  suffers  in  proportion  to  the 
delay  in  release. 

M-G-M  is  one  distributor,  at  least, 
which  apparently  feels  pretty  much 
the  way  the  independents  feel  and  is 
credited  with  being  the  principal  fac- 
tor in  a  currently  discussed  move 
to  make  product,  or  its  product  any- 
Vv'ay,  available  to  30-cent  neighborhood 
theatres  45  days  after  the  first  run 
is  through  with  it.  It  is  possible 
something   may    come    of    it    with    all 


Riseof40-Cent 
Shows  Causes 
Lot  of  Worry 


distributors  joining  hands.  It  can 
only  happen,  however,  if  Libson  wants 
it  to. 

A  worry  and  a  growing  one  to 
some  major  distributors  is  the  rising 
tide  of  10-cent  shows.  As  of  a  few 
weeks  ago,  850  of  the  1,350  houses 
served  out  of  Cincinnati  were  func- 
tioning. It  is  asserted  more  small 
towns  are  handled  from  this  point  than 
any  other  exchange  center  in  the 
United  States  with  the  exception  of 
Dallas.  These  850  houses  divide 
themselves  over  Southern  Ohio  and 
part  of  Kentucky,  the  latter  section 
continuing  to  be  terribly  hit  by  the 
situation  in  the  coal  mine  areas.  It 
may  be  possible  to  check  the  develop- 
ment through  15-cent  minimum  ad- 
mission price  clauses  in  contracts  and 
it  may  not. 

Hurting  the  downtowners  to  some 
extent  is  the  new  state  tax  which 
collects  10  per  cent  of  each  admission 
over  a  dime.  Cincinnati  draws  con- 
siderable patronage  from  Covington, 
across  the  Ohio  in  Kentucky.  Con- 
necting the  two  cities  is  a  toll  bridge 
with  a  10-cent  tariff  per  car.  This, 
plus  the  Ohio  tax,  makes  theatre- 
going  a  slightly  more  expensive  pas- 
(Continued  on  page  8) 


On  Checkers 

Cincinnati.  —  Independent 
exhibitors  here  have  a  com- 
plaint on  checkers  and  check- 
ing services.  Say  many  of 
them: 

"Those  damned  checkers  go 
out  and  take  a  drink  and  then 
report  what  they  think  we 
ought  to  be  doing." 


Flinn  to  Continue 
As  Ampa  President 

(.Continued  from   page    1) 

his  duties  at  Paramount  in  advance  of 
formally  taking  over  his  government 
job. 

"The    Ampa    is    important    to    the 
industry    and    any    other    part    of    the 


STATE    RIGHTS    FOR    SALE 

1 


NOW      BOOKING      ENTIRE      U.      S. 

STATE     and     FOREIGN     RIGHTS     for     Salt 
JEWEL  PRODUCTIONS.  723  7th  Ave.,   N.  Y. 


business,"  he  said,  "and  I  want  to  see 
the  organization  continue  its  good 
work,  although  I  may  not  be  in  a 
position  to  give  it  as  much  time  as  in 
the  past." 

Within  the  next  few  weeks  the  or- 
ganization will  put  on  exhibit  speci- 
mens of  advertising  which  have  ap- 
jjeared  in  trade  and  fan  mgazines. 
They  will  be  on  view  at  the  Astor 
for  two  days,  the  purpose  being  to 
show  outside  critics  what  the  industry 
is  doing. 

Columbia  yesterday  donated  a  vol- 
ume of  100  stars'  photographs  and 
their  autographs  to  the  organization 
and  Lou  Goldberg  was  appointed 
chairman  of  the  next  session. 


Flinn  Successor  to  Wait 

No  successor  to  John  C.  Flinn  will 
be  appointed  for  the  time  being,  Rob- 
ert Gillham,  advertising,  publicity  and 
exploitation  head  of  Paramount,  stated 
yesterday. 


Earl  Hamilton  Re-elected 

Hollywood,  Dec.  28. — Earl  Hamil- 
ton has  been  re-elected  president  of 
Operators'  Local  150,  I.A.T.S.E., 
while  M.  Neilsen  will  continue  as 
vice-president.  R.  L.  Haywood  suc- 
ceeds Ernest  Apperson  as  business 
manager.  E.  L.  Robbins,  Frank  Saw- 
yer, W.  H.  Fife,  J.  B.  Kenton  and  Ed 
Larsson  have  been  named  to  the  ex- 
ecutive board. 


Giannini  Leaves  Soon 

Dr.  A.  H.  Giannini,  chairman  of  the 
board  of  the  Bank  of  America,  Na- 
tional Association,  which  does  con- 
siderable film  financing  in  Hollywood, 
is  rounding  out  his  first  New  York 
stay  since  last  year  when  his  visit 
was   marked  by  illness. 

He  expects  to  leave  for  Los  An- 
geles Sunday. 


Lightman  Opens  2, 
Dickers  for  Another 

Memphis,  Dec.  28. — Improvement 
in  conditions  throughout  this  territory 
during  the  past  90  days  makes  possible 
the  reopening  of  two  M.  A.  Lightman 
theatres  and  the  addition  of  a  third, 
bringing  the  total  to  35. 

The  Pastime  at  Helena  opened 
Christmas  and  the  Princess  in  North 
Little  Rock,  Ark.,  will  open  early  in 
January. 

Lightman  is  negotiating  with  O.  C. 
Hauber  of  Jackson,  Tenn.,  for  the 
Hauber. 


Chico  May  Do  1  for  B-G 

Hollywood,  Dec.  28. — Chico  Marx 
is  reported  to  have  informed  Joyce- 
Selznick  of  his  willingness  to  accept 
a  one-picture  deal  with  British-Gau- 
mont. 


'pESuLt:  TiA 


TONIGHT 

fORLD  PREMIERE 


UEEN  CHRISTINA 

with  John  Gilbert  *    Ian  Keith 
Lewis  Stone  •   Elizabeth  Young 

A    ROUBEN    MAMOULIAN    PRODUCTION 

nWuced  bj  Vdid  Wanccf        DiiloKue  bj  S.  N.  BeluouB 

A  Metfo-Gdldwyn-Mayer  Picture 

A5TOR  THEATRE,  Bro«Jw>y  «t  45t\x  Str«t 

Twice  <Uily  (hcfnAcr—  2:10—  8;)0.  Tbtet  dmcs  Su-,  Sun..  NEW 
YEAR'S  DAY  »nd  Hok  2:>0— ):5O-8;i0.  Roefved  KW5  «i  til  priat 
a«w  oa  mIc  u  box  office.  Mul  otden  will  tbo  receive  prompt  ■neodoo. 


\^clrc^o/c/wi/nM3^ct 


TO  THE  BREATHLESS 


fiYWa 


IT'S  WRITTEN   IN  THE  SKIESl.. 


LIMAX  OF  ALL  MUSIC  SHOWS! 


n?^^f 


OPENING 

NEW  YEAR'S 
EVE 

FROM  COAST  TO  COAST  BRINGING 
1934  IN  ON  WINGS  OF  SONG! 

NOW  IN  SECOND  WEEK 

RADIO 
CITY 


c^cy^ 


Wifh  the  new  song  hits  that  ore  now 
filling  the  air... "Orchids  in  the  Moonlight", 
"Flying  Down  to  Rio",  "Music  Makes  Me", 
and  the  „ 

tANTAllllN<i-HypNOTlIIH<»  <AtffQ 

Music    by    VINCENT    YOUMANS 
J^]gJ^.,by^^dward  Bliscu  aod  Gus  Kahn 


M- 


\ 


'V' 


\ 


Wl 


fh 


DOLORES  DEL  RIO 

GENE  RAYMOND  •  RAUL  ROULIEN 
GINGER  ROGERS  •  FRED  ASTAIRE 
and  200  Beaufihl  Girls  Picked  from  10,000 
Staged  In  Fabulous  Beauty  by  Louis  Brock 
Stunningly  Directed  by  Thornton  Freeland 


INOTHER  SMASH  HIT  FROM  RKO- RADIO 


MOTION  PICTURE 

DAILY 


Friday,  December  29,   1933 


Libson  Proves  Main 
Attraction  in  Cincy 


(Continued  from  faqe  4) 

time  than  it  formerly  was.  The  down- 
towners are  having  reason  to  learn 
about  it. 

Breadlines  are  fewer  here.  Cin- 
cinnati's 450,000  population  is  largely 
German,  and.  therefore,  thrifty  and 
inclined  toward  caution.  This  South- 
ern Ohio  city  never  went  as  com- 
pletely haywire  as  did  cities  of  similar 
and  larger  size  during  the  boom,  and 
so  today  reaps  the  advantages  of  its 
inherent  conservatism. 

.^s  a  3.39  per  cent  film  territory, 
it  is  the  home  of  many  diversified 
factories.  Here  are  the  Procter  and 
Gamble  soap  and  kindred  product 
works,  the  Globe  Wernicke  desk  and 
furniture  company,  the  American 
Laundrj'  Machine  Co.,  30  machine 
tool  plants,  18  shoe  factories.  Eigh- 
teen selected  industries,  declares  the 
Chamber  of  Commerce,  showed  a  Z.7 
per  cent  increase  in  employment  in 
October  over  September  and  an  in- 
crease of  38.9  per  cent  over  October, 
1932.  That's  something  not  to  be  dis- 
counted. 

In  one  week  alone,  recently,  12,000 
unemployed  found  jobs  at  the  set 
$15  per  week  paid  by  the  Civil  Works 
.Administration.  Nine  large  breweries 
are  working  full  blast  to  supply  locali- 
ties nearby  with  the  flowing  lager 
which  rates  high  in  these  parts. 
Twelve  more  are  in  process  of  build- 
ing or  revamping  to  further  justify 
Cincinnati's  claim  that  it  is  the  brew- 
ery capital  of  the  world,  Milwaukee, 
Munich  and  other  points  notwithstand- 
ing. 

Unemployment  Cut 

Repeal  finds  National  Distilling 
operating  a  branch  for  rectifying  and 
bottling,  the  Schenley  Products,  Ross- 
ville  Commercial  .•Mcohol  Co.  and  the 
Carthage  Distilling  Co.  busy  enter- 
prises under  the  latest  phase  of  the 
"New  Deal."  Between  500  and  600 
industries  and  stores  report  they  have 
cut  a  swath  53,000  individuals  wide 
in  unemployment  ranks  under  the 
N'R.-\  and.  as  an  additional  factor 
which  spells  promise,  is  the  almost 
unanimous  opinion  of  exhibitor  and 
exchangemen  alike  that  repeal  will 
materially  increase  theatre  attend- 
ance. 

Of  interest  is  the  Terminal  Theatre, 
which  occupies  one  small  corner  of 
the  Union  Station,  the  city's  $43,000,- 
000  consididated  railroad  terminal, 
which  rivals  the  Xetherlands-Plaza 
Hotel  as  the  showplace  of  the  city. 
Operating  it  is  Willis  H.  Vance,  who 
also  runs  the  Latonia  Theatre  at  La- 
tonia,  Ky.  Having  opened  originally 
as  a  short  subject  house  at  a  10-cent 
top,  it  now  runs  features,  too,  and  gets 
15  cents  more  for  doing  so.  Vance 
has  no  particular  worries  on  rent,  for 
his  deal  is  based  on  a  percentage  of 
the  gross,  not  profit. 

Tax  collections  are  up-to-date  and 
delinquencies,  unlike  the  situation  in 
almost  all  other  Middiewestern  cities, 
are  few.  Factors  such  as  these  mean 
much  and  the  film  fraternity  is  prop- 
erly grateful.  When  civic  affairs  take 
a  turn  for  the  worse  where  films  are 
concerned,  Cincinnati  is  in  line  for 
a  break  as  well,  for  in  office  as  nrayor 
and  as  president  of  the  city  council  is 
Russell  Wilson,  former  dramatic  and 
film  critic  of  the  Cincimujti  Times- 
Star.  At  least,  he  understands  motion 
picture  language. 

(Copyrinht.    1933,    Quinley   Publications') 


RKO  Center's  First-Year 
Take  Totals  $1,084,959 


(Continued  from   page   1) 


gross.  While  the  theatre  as  a  first 
run  with  stage  shows  was,  therefore, 
running  at  the  rate  of  a  $33,013  week- 
ly gross  in  the  first  21  weeks  of  the 
year,  it  dropped  to  an  average  of 
$12,134  a  week  in  the  final  31  under 
its  split-week,  all-picture  policy. 

When  the  Center  operated  as  a 
first  run,  a  check  of  its  bookings 
shows  Radio  product  filled  only  eight 
weeks  of  the  playing  time.  Two  at- 
tractions, "The  Animal  Kingdom" 
and  "King  Kong"  played  three  weeks 
each,  thereby  .giving  Radio  only  four 
pictures  in  the  21-week  period.  Fox 
had  seven.  Universal,  four ;  Colum- 
bia and  Majestic,  one.  The  high  for 
the  period  was  the  opening  week, 
ending  Jan.  4,  with  "The  Animal 
Kingdom"  at  $71,267  and  the  low, 
$12,322  with  "Hold  Me  Tight"  for 
the  week  ending  May  25,  or  imme- 
diately prior  to  the  straight  picture 
policy  shift. 

In  the  final  31  weeks  of  the  year, 
53  different  attractions  played  the 
Attractions 


house.  In  this  latter  period,  the  Cen- 
ter adhered  to  its  split-week  policy  for 
25  weeks.  "The  Private  Life  of 
Henry  VIII"  played  one  full  week  and 
half  of  a  second ;  "I'm  No  Angel"  ran 
a  full  week,  as  did  "Invisible  Man" 
while  "Little  Women"  rounded  out 
its   third  week  on   Tuesday  night. 

Of  the  53  bookings,  Radio  gave 
time  to  12  of  its  own.  Columbia 
played  six ;  Fox,  13 ;  Paramount,  13 ; 
Universal  seven  and  M-G-M  and 
United  Artists,  one  apiece.  High  take 
for  the  31  weeks  went  to  "Little 
Women"  with  $31,500  for  the  week 
ending  Dec.  13,  following  its  run  at 
the  Music  Hall.  The  low  went  to 
a  subsequent  run  of  "Adorable"  and 
"Supernatural"  with  $7,592  for  the 
week  ending  June  30. 

The  following  week-by-week  grosses 
cover  the  year  and  are  particularly 
interesting  because  they  indicate  how 
business  has  snapped  back  from  Labor 
Day  to  the  end  of  the  theatre's  first 
year : 


Week  Erifiing 

Animal   Kingdom   (Radio) Jan.    4,  1933 

Animal   Kingdom   (Radio) Jan.  11.  1933 

Animal   Kingdom   (Radio) Jan.  19,  1933,  (8  days) 

Hot   Pepper   (Fox) Jan.  26,  1933 

No  Other  Woman  (Fox) Feb.    2,  1933 

State   Fair   (Fox) Feb.    9,  1933 

Child  of  Manhattan   (Col.) Feb.  16,  1933 

Face  in   the  Sky   (Fox) Feb.  23,  1933 

Rome   Express   (Univ.) Mar.    2,  1933 

King  Kong  (Radio) Mar.   9,  1933 

King  Kong  (Radio) Mar.  16,  1933 

King  Kong  (Radio) Mar.  23,  1933 

Private  Jones  (Univ.) Mar.  30.  1933 

Pleasure  Cruise  (Fox) Apr.    6,  1933 

Out  All  Night   (Univ.) Apr.  13.  1933 

World  Gone  Mad  (Majestic) Apr.  20.  1933 

Cavalcade    (Fox) Apr.  27,  1933 

Diplomaniacs    (Radio) May    4.1933 

India  Speaks  (Radio) May  11,  1933 

Kiss  Before  the  Mirror  (Univ.) May  18,  1933 

Hold  Me  Tight  (Fox) May  25,  1933 

Silver  Cord   (Radio) 

Song  of  the  Eagle  (Para.) '....'.'.'..'..  June   2,  1933 

Bedtime   Story   (Para.) 

So  This  Is  Africa   (Col.) June   9,  1933 

Warrior's  Husband  (Fox) 

Girl    in    419    (Para.) '.'.'.'.'.'.'.'.  June  \6,  19^ 

International   House    (Para.) 

Below    (M-G-M) '.'.'.'.'.'.'.'.'.'.'.June  23,  1933 


Hell 

Adorable   (Fox) 

Supernatural    (Para.)    ...../..........  June  30, 

I  Loved  You   Wednesday  (Fox) '. 

Big  Cage  (Univ.) July    7, 

Ann  Carver's  Profession   (Col.) 

Cocktail   Hour   (Col.) ] . . '  July  14, 

College  Humor  (Para.) 

Be  Mine  Tonight  (Univ.) Tulv  21 

Bed  of  Roses   (Radio). '.....'.'.'.'.'.'.'.'.'.'/.'. 

Woman  I  Stole  (Col.) July  28 

Melody  Cruise   (Radio) .'....'.'.'.'.'.'.'.'.'.'.'.'.';.  ' 

Best  of  Enemies  (Fox) "'   Aug     4 

Double   Harness    (Radio) ...........'..'.  ' 

It's  Great  to  Be  Alive  (Fox) Kug.W 

Mama   Loves   Papa   (Para.) 

Devil's  in  Love  (Fox). '.'.'.'.'.'.'.'.'.'.'.'.'.'Z'.'.'.'.'.'.'.'.'.^UK.  18,  1933 

Midnight   Cluh   (Para.) 

Professional    Sweetheart    (Radio) .....'...'.'. Aug.  25 

Pilgrimage  (Fox)   

Her  Bodyguard  (Para.) ;..;.;;!;;!;;:;.';;;;;;."sept.  i. 

Morning  Glory  (Radio) 

Don't   Bet  on  Love  (Univ.) '^'.'.'.'.'.'.'.'.'.'.'^'.'^'^'.'.'.'.'.'.'^?,ex>t.    8,  1933 

Paddy,   the   Next   Best   Thing   (Fox) 

The  Wrecker,  (Col). "::::::;:;::::sept. IS,  1933 

One  Man  s  Journey  (Radio)... 

No  Marriage  Ties  (Radio) '."/.'.'.'.'.'.'.'.'.'.'.'^.'.'.'.'.'.'.'.'.'.'.'.Sevl.TZ,  1933 

Lady  for  a  Day  (Col.) 


1933 
1933 


1933 
1933 


1933 
1933 


1933 


1933 
1933 


29,  1933 

6,  1933 

13.  1933 

20,  1933 


_.    -      _ V  CCol.) 

Three  Cornered  Moon   (Para.) Sept 

Moonlight    and    Pretzels    (Univ.)...  

Secret  of   Blue   Room    (Univ.) Oct 

Power  and   Glory   (Fox) 

My   Weakness    (Fox) '..   Oct 

Ann  Vickers   (Radio) 

Big   Executive    (Para.) Oct 

Doctor  Bull  (Fox) 

Charlie  Chan'g  Greatest  Ck'se  '(Fox) '.'.'/.'.'.'.'.'.'.'.'.'.'. Oct 

tel:|{:°[te^iSJ:ll:: ■"■'■■■'^ 

Afl^'^nS^^K:;::::::::: :::::::::::::::::::nov.  ,o.  1^3 

Ace  of  Aces  (Radio) ki.„    i-»    lau 

I'm  No  Angel  (Para.).     .      S°'-  I!'     ?H 

Only  Yesterday  fUniv:)": Nov.  24,  1933 

Way  to  I..ove  (Para.) ■.'.;; yv,^     ,     ,«,, 

Invisible  Man  (Univ.)....     n"'    ]'  ?J^ 

Lttle    Women    (Radio)  i R«=-    *,'   \f^ 

Ltte   Women    (Radio....  : nlr   ■^'     o« 

i""'^  Women  (R^dio)... :..:::::::::::::::::::::::::;:g^^:^;l^^ 


1933 
1933 


Gross 

$71,267 
59,000 
45.000 
43,000 
34.010 
32.500 
33,792 
29,077 
29,387 
39,548 
32,330 
27.950 
27,697 
23.358 
24,371 
30.873 
34.090 
26.764 
17,023 
19.928 
12.322 

12,322 

7,696 

8.078 

9,585 

7,592 

13,534 

8,672 

11,156 

8,765 

7,947 

9,651 

9,850 

11,343 

10,601 

18,414 

8,253 

12,308 

12,831 

11,130 

10,732 

11,000 

12.000 
20,763 

14,664 

10,827 
16,458 

10.500 
10.. 500 
31,500 
20,500 
22„500 
.$1,084,959 


Davis  Delays  O.  K. 
For  Dent  Lineup 

(Continued  from  page  1) 
for  all  of  the  Class  A  stock  of  the 
operating  corporation  to  be  organized. 
This  stock  carries  the  right  to  elect 
two  directors,  the  president  and 
treasurer  of  the  new  corporation.  All 
of  the  Class  B  stock  will  be  held  by 
Paramount  and  carries  the  right  to 
elect  two  directors,  the  vice-president 
and  secretary  of  the  new  corporation. 
Paramount  also  receives  two  income 
debenture  issues  of  $700,000  and  $800,- 
000  each  of  the  new  corporation. 
Approval  of  these  documents  by 
Referee  Davis  is  necessary  and  in- 
volves the  principal  order  to  be  sought 
today  by  attorneys  for  the  Paramount 
Publix  trustees.  Under  the  deal, 
Paramount  retains  a  six-month  emer- 
gency repurchase  agreement  and  two 
additional  repurchase  provisions. 


No  Alternates  Set; 
Need  Johnson  O.K. 

(Continued  from   page   1) 

meeting  at  a  moment's  notice,  no  al- 
ternates have  as  yet  been  approved  by 
the  Administrator. 

Designated  alternates  must  first  be 
certified  to  the  Code  Authority  by 
members.  The  authority  may  reject 
alternates  and  require  others  to  be 
named.  The  Administrator  then  ap- 
proves permanent  alternates. 

Pdward  Golden,  general  sales  man- 
ager for  Monogram,  is  expected  to  be 
named  alternate  for  W.  Ray  Johnston. 
Chai^les  L.  O'Reilly,  president  of  the 
T.O.C.C.,  has  not  yet  designated  his 
substitute  and  speculation  exists 
whether  he  will  name  a  New  York 
exhibitor  or  an  independent  theatre 
owner  from  a  nearby  city. 


Minor  Actors  Charge 
Violations  of  Code 

(Continued  from   page    1) 

cer  violations  of  the  code.  More 
rigid  enforcement  of  the  code  was  dis- 
cussed at  a  meeting  tonight,  while  the 
association,  through  its  counsel,  Eu- 
gene H.  Marcus,  intends  to  file  for- 
mal complaints  with  Charles  W. 
Grubb,  code  compliance  director, 
against  Warners,  Paramount,  Colum- 
bia, M-G-M  and  the  Central  Casting 
Agency,  it  is  said. 


Rosenblatt  Here  Tonight 

Division  Administrator  Sol  A. 
Rosenblatt  arrives  tonight  from 
Washington  to  spend  the  holidays 
with  his  family  at  Great  Neck,  L.  I. 


Ahe  Blumstein  Here 

Abe  Blumstein.  short  subjects  sales 
manager  of  the  Columbia  exchange  in 
Chicago,  is  in  town  for  the  holidays. 


Hays  Due  Back  Today 

Will  H.  Havs  is  expected  back  from 
Crawfordsville,  Ind..  where  he  has 
been  visiting  his  family,  today. 


MEN  WANTED 

First  class,  hrgh  pressura  fllm  salesmen, 
well  aoqualnted  in  Eastern  and  Western 
Territories,  for  roadsliow  feature  films. 
Can  also  use  exploitation  men.  Boolclng 
on  percentage — advance  of  $30.00.  Advise 
full    dntails. 

HUDSON      TERMINAL,      N.      Y.      CITY 


The  Leading 

Daily 

Newspaper 

of  the 

Motion 

Picture 

Industry 


MOTION  PICTURE 

DAILY 


Alert, 
Intelligent 
and  ;^ 

Faithful      i1 
Service  to'~ 
the  Industry 
in  All 
Branches 


VOL.  34.   NO.  152 


NEW  YORK,  SATURDAY,  DECEMBER  30,  1933 


TEN  CENTS 


Harry  Thomas 
Is  Made  Head 
Of  Federation 


Succeeds  P.  S.  Harrison; 
New  Board  Named 

Harry  Thomas  of  First  Division 
was  named  to  the  presidency  of  the 
Federation  of 
the  M.  P.  In- 
dustry, as  suc- 
cessor to  P.  S- 
Harrison,  who 
resigned  Wed- 
nesday, at  an 
executive  meet- 
ing at  the  Hotel 
Astor  yesterday. 
W.  Ray  John- 
ston, head  of 
Monogram,  was 
elected  vice- 
president  for 
distributors ;  I. 
E.  Chadwick, 
vice  -  president 
for  producers ;  Jack  Bellman  and  Irv- 

(Continued  on   pane   3) 


Harry     Thomas 


Majestic  Men  Favor 
Finishing  Schedule 

Majestic's  board  of  directors,  meet- 
ing at  the  St.  Moritz  Wednesday  and 
Thursday  decided  to  go  through  with 
production  plans  for  the  1933-34  sea- 
son as  originally  set  up,  it  was  learned 
yesterday.  Eight  pictures  remain  on 
the  current  schedule  and  one  of  sev- 
eral producers  under  consideration  to 
succeed  Phil  Goldstone  will  be  named 
next  week. 

Attending  the  sessions  were  Her- 
man Gluckman,  president;   Alfred  S. 

{Continued  on  Page   3) 


LeRoy  and  Warner 
Nuptials  Tuesday 

Doris  Warner,  elder  daughter  of  H. 
M.  Warner,  on  Tuesday  weds  Mervyn 
LeRoy,  the  director.  The  wedding  will 
take  place  at  the  Waldorf  and  the  cer- 

{Contiiiued  on   pane   3) 


Mickey  a  Who's  Who 

Mickey  Mouse  probably  will 
become  well  known  now.  He's 
listed  in  the  latest  issue  of 
British  Who's  Who? 

That  puts  him  in  a  class 
with  Lord  and  Lady  Whatzis, 
Shakespeare  and  most  of  the 
other  famous  figures  in  the 
world. 


U.  A.  Rescinds  Salary  Cuts; 

A  New  Year's  Gift  for  600 

United  Artists  will  start  the  new  year  off  with  a  bang. 

Effective  Jan.  1,  the  company  will  restore  cuts  to  more  than  600 
employes  who  received  graduated  reductions  in  salaries  during 
the  peak  of  the  depression.  The  decision  was  made  by  Joseph  M. 
Schenck,  president,  now  in  Europe,  who  cabled  Al  Lichtman  to 
reinstate  the  pay  slashes. 

Employes  in  the  lower  brackets  will  receive  the  entire  amount 
sliced  from  their  envelopes  while  those  in  the  higher  brackets  will 
be  given  only  part  of  the  cut. 

Commenting  on  the  move  yesterday,  Lichtman  stated  that  the 
readjustments  were  being  made  in  anticipation  of  better  business 
in  1934.  It  is  known  he  has  always  been  an  opponent  of  salary 
cuts.  This  was  evidenced  by  the  fact  the  United  Artists  was  the 
last  company  to  institute  the  cut  and,  when  it  was  finally  adopted, 
many  small-salaried  workers  passed  through  the  slash  period  un- 
scathed. 


Ontario  Head  Turns 
DownCensorAppeal 

Toronto,  Dec.  29. — Requests  of 
United  States  distributors'  represen- 
tatives for  an  appeal  board  to  review 
rulings  of  the  Ontario  censor  board 
have  been  turned  down  by  the  Gov- 
ernment. 

Prime  Minister  G.  S.  Henry  says 
that  the  Ontario  Government  has  no 
changes  under  consideration  and  that 
(Continued  on  page  4) 


Fox  Foreign  Heads 
In  Conference  Here 

Fox  foreign  managers  are  holding 
product  conferences  with  Clayton 
Sheehan,  general  foreign  manager,  at 

(Continued  on   page  4) 


New  Dent  Theatres 
Setup  Is  Approved 

Approval  of  plans  for  delivery  to 
Paramount  Publix  by  a  new  company 
which  will  operate  the  Dent  circuit, 
Texas,  of  two  income  debenture  issues 
aggregating  $1,500,000,  and  approval 
of  the  by-laws  and  charter  of  the  new 
operating  corporation  was  given  yes- 
terday by  Referee  Henry  K.  Davis. 

The  approval  came  when  counsel  for 

(Continued  on  page   3) 


Theatre  Pass  Tax 
Termed  as  Unfair 

Washington,  Dec.  29. — While  film 
theatres  continue  to  pay  a  Federal  ad- 
mission tax  on  passes,  being  required 

(Continued   on   page   3) 


Overhauling  Needed  in 

Industry^  Says  Brandt 


By  JOE  BRANDT 

I  have  read  with  interest  some  of 
the  comments  made  by  the  executives 
and  it  seems  to 
me  that  what 
we  really  need 
in  this  busi- 
ness— if  it  can 
still  be  digni- 
fied by  that 
term  —  is  a 
Moses  to  se- 
cure for  us 
ff  r om  the 
I.nrd,  if  neces- 
sary) a  new  set 
of  command- 
ments, which 
are  particular- 
ly applicable 
to  it. 

Or  perhaps,  I'm  wrong.    What  may 


be  needed  is  a  "medical  specialist"  who 
can  prescribe  the  proper  remedy  for 
the  financial  colics  and  the  production 
indigestion  which  is  so  evident.  Maybe 
it's  a  purge  that's  needed  or  a  master 
operation.  In  my  humble  opinion,  it's 
a  toss  up  whether  it's  a  bad  moral 
epidemic  or  a  result  of  gluttony. 

Sure,  there  should  be  a  note  of  opti- 
mism in  every  statement  by  every  man 
connected  with  the  business.  If  they 
don't  advocate  and  holler  for  good 
times — who  will?  I  honestly  believe 
the  industry,  as  a  whole,  will  feel  the 
effects  of  better  economic  conditions 
and  an  ever  improving  spirit  of  public 
confidence,  but  I  also  believe  that  in 
the  same  manner  that  F"ranklin  D. 
Roosevelt  has  had  to  clean  house  and 
use  drastic  measures  to  throttle  de- 
pression,  the  motion   picture   industry 

(Continued  on   page   3) 


Johnson  Hits 
Men  Who  Sit 
On"Sidehne" 


Answers  Lowell  on  Code 
Authority  Stand 

Washington,  Dec.  29. — Criticizing 
"distinguished  men  of  science  and  let- 
ters" for  standing 
on  the  sidelines 
and  "conjecturing 
results  on  purely 
academic  consid- 
erations" instead 
of  making  an  ac- 
tual attempt  to 
help  in  the  gov- 
ernment of  codes. 
Recovery  Admin- 
istrator Hugh  S. 
Johnson  today 
sent  to  Dr.  A. 
Lawrence  Lowell 
a  sharp  response 
to  the  latter's  let- 
ter declining  to 
serve  as  a  member 
Authority. 

Indicating     clearly     his     impatience 
with     philosophic     discussions     as     to 
(Continued  on  page  2) 


\.  Lawrence  Liowell 


of    the    Code 


t< 


Rio"  in  2nd  Week 
Topping  Start-Off 

First  week  records  of  Radio's  "Fly- 
ing Down  to  Rio"  were  broken  on 
the  first  and  second  days  of  the  pic- 
ture's second  week  at  Radio  City 
Music  Hall,  RKO  reported  yesterday. 

Figures  for  the  picture's  first  and 
second  day  of-  its  opening  week  were 
reported  as  $15,467  for  Thursday  and 
$14,080  for  Friday.  The  second  week's 
figures  were  given  as  $24,253  for 
Thursday  and  $13,600  for  yesterday 
up  to  4  P.  M. 


Foreclosure  Ordered 
On  St.  Louis  Houses 

St.  Louis,  Dec.  29. — Federal  Judge 
Davis  has  ordered  a  foreclosure  sale 
for  the  Ambassador,  Missouri  and 
New  Grand  Central  Theatre  buildings 
and  furnishings  to  satisfy  a  defaulted 
bond  issue.  Nelson  Cunlifif,  special 
master,  will  conduct  the  sale. 

The  sale  will  not  interfere  with  op- 
eration of  the  houses  under  leases 
from  a  Federal  court  receiver. 


No  Paper  Monday 

Motion  Picture  Daily  will 
not  publish  on  Monday,  Jan. 
1.  New  Year's  Day. 


MOTION  PICTURE 

DAILY 


Saturday,  December  30,    1933 


MOTION  PICTURE 

DAILY 


(Registered    U.   S.   Patent   Office) 


\\.l. 


Dtcember    30.    193,5 


No.    15.' 


Johnson  Hits 
Men  Who  Sit 
On  "Sideline" 


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  L'uigley  Publications,  Inc., 
Manin  Uuigley.  President;  Colvin  Brown, 
Vice-President   and  Treasurer. 

Publication  Office;  1790  Broadway,  New 
York  Telephone  Circle  7-3100.  Cable  ad- 
dress "Quigpubco,  New  Vork."  AH  con- 
tents copyrighted  1933  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  Vucca  Streets,  y'ctor 
M.  Shapiro.  Manager;  Chicago  Bureau:  407 
South  Dearborn  Street,  Edzvin  S.  Clifford, 
manager;  London  Bureau:  1021  A  Finchley 
Road,  Golders  Green,  Bernard  Charman. 
Representative;  Berlin  Bureau:  Berlin-Tem- 
pelhof,  Kaiserin-Augustastrasse  28,  Joachim 
K.  Rutenberg.  Representative;  Paris  Bu- 
reau: 19,  Rue  de  la  Cour-des-Noues,  Pierre 
Autre,  Representative;  Rome  Bureau:  Viale 
Gorizia,  Vittorio  Malpassuti,  Representative; 
Sydney  Bureau:  102  Sussex  Street,  Cltff 
Holt.  Representative:  Mexico  City  Bureau: 
Apartado  269,  James  Lockhart,  Representa- 
tive; Glasgow  Bureau:  86  Dundrennan 
Road.  G.  Holmes.  Representative;  Budapest 
Bureau:  11  Olaaz  Fasor  17,  Endre  Hevesi. 
Representative. 

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. 


12  Put  on  by  U.  A. 
To  Exploit  2  Films 

Twelve  additions  have  been  made  to 
the  United  Artist.s  exploitation  staff 
to  handle  campaigns  on  "Roman 
Scandals"  and  "Gallant  Lady"  in  key 
situations.  Earle  Griggs  is  in  Atlanta, 
Charlie  Moyer  in  Buffalo  and  Wil- 
liam P.  Bernfield  in  Kansas  City  to 
work  on    "Gallant   Lady." 

Those  handling  the  Eddie  Cantor 
film  are :  Bill  Rudolph,  Cleveland ; 
Lee  Chamberlain,  St.  Louis;  Harry 
Rice,  Albany  and  Rochester ;  Charlie 
Baron,  Buffalo ;  Robert  Long,  Wash- 
ington and  Baltimore ;  Bill  McGee- 
han,  Boston;  Mike  Wilkes,  Toronto 
and  London,  Canada;  Ed  Fisher, 
New  Haven,  and  Manuel  Greenwald, 
Pittsburgh. 


IS  WAR 

lA  RACKET 


(Coiilinited  front  pane  1) 
whether  codes  will  work,  in  advance 
of  their  testing,  Johnson  explained  to 
Dr.  Lowell  what  had  been  accom- 
plished with  respect  to  block  booking 
and  declared  that  "the  question  as  to 
whether  it  will  do  the  trick  or  not 
will  not  be  answered  by  conjecture, 
but  by  test — all  I  asked  of  you  was 
that  you  conduct  the  test." 

Written  10  days  after  the  receipt 
of  Dr.  Lowell's  letter,  which  was 
dated  Dec.  17,  Johnson's  communica- 
tion evidenced  that  no  further  effort 
will  be  made  to  secure  the  educator's 
services  on  the  Code  Authority. 

Johnson's  letter  to  Dr.  Lowell  was 
as  follows : 
"Dear  Dr.  Lowell : 

"Replying  to  yours  of  Dec.  18. 

"You  say  that  your  refusal  is  based 
first  on  your  statement  that  the  block 
booking  cause  is  monopolistic. 

"All  that  my  remarks  on  the  limits 
of  my  authority  to  stop  block  booking 
and  blind  buying  meant  was  that  I 
cannot  repeal  the  copyright  laws  on 
which  these  practices  are  based,  and 
which,  under  our  Constitution,  were 
intended  to  create  a  monopoly  for 
writers  and  authors. 

"But  we  did  get  a  voluntary  con- 
cession of  a  10  per  cent  cancellation 
clause.  This  whole  procedure  is  ex- 
perimental. I  was  able  to  negotiate 
this  concession  which  I  had  no  power 
to  impose.  I  could  not  get  more  be- 
cause I  was  unable  to  negotiate  more. 
The  question  as  to  whether  it  will  do 
the  trick  or  not  will  not  be  answered 
by  conjecture,  but  by  test — all  I 
asked  of  you  was  that  you  conduct  the 
test.  I  thought  you  were  the  best  man 
to  do  it  because  you  are  well  known 
to  have  a  poignant  interest  in  the  re- 
sult. 

"You  object  also  because  the  Gov- 
ernment representative  has  no  vote. 
It  is  not  important  that  the  Govern- 
ment representative  has  no  vote.  He 
would  have  in  every  case  a  veto.  This 
law  is  not  intended  to  put  the  respon- 
sibility for  industrial  management  on 
Government,  but  to  give   Government 


Deductible 

Washington,  Dec.  29.— As- 
sessments for  the  support  of 
code  authorities  and  subor- 
dinate organizations,  paid  by 
producers,  distributors  and  ex- 
hibitors, will  constitute  busi- 
ness expenses  and  as  such 
will  be  deductible  from  gross 
in  the  preparing  of  income 
tax  returns,  it  was  learned 
today. 


''Film  War''  Flareup 
Reported  in  Sydney 


an  absolute  veto  on  what  industry 
does.  I  would  not  have  it  otherwise. 
And  neither,  I  think  (on  more  mature 
reflection)    would  you. 

"I  am  sorry  you  feel  as  you  do,  but 
I  wish  that  you  and  other  distin- 
guished men  of  science  and  letters 
would  get  down  into  the  sawdust  with 
me  and  govern  this  thing  in  the  day- 
to-day  tussle  of  actual  experience  in- 
stead of  standing  aside  and  conjectur- 
ing results  on  purely  academic  con- 
siderations." 

Division  Administrator  Sol  A.  Ro- 
senblatt tonight  left  for  New  York  to 
confer  tomorrow  with  representatives 
of  burlesque  producers  and  motion  pic- 
ture operators,  stage  hands  and  musi- 
cians involved  in  disputes  of  wage 
scale  differences  in  burlesque  houses. 
Rosenblatt  is  acting  as  arbitrator  in 
these  cases  by  request,  it  was  said  at 
the  Recovery  Administration,  the  dis- 
putes having  nothing  to  do  with  his 
duties  as  division  administrator,  and 
both  sides  have  agreed  to  abide  by  his 
decision.  Before  returning  to  Wash- 
ington, Rosenblatt  will  preside  at 
meetings  of  the  Code  Authority  Jan. 
3  and  4. 

Airs.  Frederick  P.  Bagley,  president 
of  the  Massachusetts  Council  of  Wo- 
men and  Children  in  Industry,  re- 
ported in  the  press  today  as  having 
declined  to  serve  on  the  Code  Author- 
ity because  of  the  block  booking  pro- 
visions, is  one  of  some  30  women 
whose  names  have  been  under  consid- 
eration as  possible  members  of  the 
.\uthority,  it  was  said.  Mrs.  Bag- 
ley,  it  was  declared,  had  not  been  of- 
fered the  post.  Discussion  of  Mrs. 
Bagley's  action  was  the  first  formal 
acknowledgment  by  the  Administra- 
tion that  a  woman  was  under  consid- 
eration as  a  member  of  the  Code  Au- 
thority, as  reported  in  Motion  Pic- 
ture Daily  Dec.  14. 


Cable  reports  of  an  outbreak  of  an 
"Australian  lilm  war"  and  plans  for 
building  three  new  theatres  in  Sydney 
are  linked  by  observers  here  with  the 
recent  Australian  visit  of  Arthur 
Loew  and  Joseph  Vogel,  coupled  with 
the  "hurry  call"  from  Sydney  re- 
ceived recently  by  Henry  Moskowitz, 
now  en  route  to  Australia. 

The  cabled  reports  stated  that  Gen- 
eral Theatres  Corp.  of  Australia  an- 
nounced it  would  build  a  new  theatre 
in  Sydney,  and  that  this  announce- 
ment was  followed  by  one  from  M-G- 
M  to  the  effect  that  it  would  erect  a 
$1,000,000  house  in  the  same  city.  A 
third  and  unnamed  company  is  also 
reported  entering  the  melee  with  plans 
of  its  own  for  a  third  new  house. 

The  state  government  of  Nfew 
South  Wales  has  appointed  F.  W. 
Marks,  Sydney  city  accountant,  to 
conduct  an  investigation  of  charges 
made  by  exhibitors  there  that  distrib- 
utors threaten  to  force  them  out  of 
business  by  exacting  excessive  film 
rentals,  according  to  the  advices. 


Zukor  Praises  Work 
Of  Cohen  for  Para. 

Praise  for  the  work  of  Emanuel  Co- 
hen, Paramount  production  head,  was 
given  yesterday  by  Adolph  Zukor, 
president  of  the  company,  who  said 
that  Cohen's  work  has  "the  unquali- 
fied approval"  of  all  the  executives  of 
Paramount.  He  added  that  Cohen, 
now  vacationing  at  La  Quinta,  Cal., 
"would  return  to  his  desk  within  a 
few  days  to  continue  the  fine  work  he 
has  done  as  head  of  our  producing  or- 
ganization." 


NOW     BOOKING     ENTIRE    U.    S. 

STATE   and    FOREIGN    RIGHTS   for   Sale 
JEWEL  PRODUCTIONS.  723  7th  Ave..  N.Y. 


Trading  Listless — Market  Steady 

Net 

Hi^h      Low      Close      Cheinge  Sales 

Columbia    Pictures,    vtc 24            24            24            100 

Consolidated    Film    Industries,    pfd WA        WH        lO'A        -¥  Vi  200 

Eastman    Kodak     80^        80            80           —  Vn  500 

Fox    Film    "A" 1354        MVi        1354        —  Vk  200 

Loew's.    Tnc 28%        28'/^        2VA        —  '/«  1,900 

Paramount    Publix    2              1%          1%        —  Yf,  3,700 

Pathe    Exchange     .' 1%          Ws          154        +  M  800 

Pathe    Exchange    "A" I1J4        11            IWi        +14  500 

RKO    2'/^         254         2!4        300 

Warner    Bros 5l4          5              5            —  Vi  1,500 

Curb  Inactive — Technicolor  Up  % 

Net 

Hl^h      Low      Close      Change  Sales 

Sentry    Safety    Control %            Vs            H        100 

Technicolor     9             9             9            -h  H  100 

Trans    Lux    Z)i          2Vn          25^         100 

Loew  Bonds  Show  4-Point  Rise 

Net 

Hic;h      Low      Close      Change  Sales 

General   Theatre   Equipment  6s  '40 i'A          3              3            —  54  7 

General  Theatre  Equipment  6s  '40,  ctf 3%          3              3            3 

Loew's  6s  '41.  ww  deb  rights 86            82            86            +4  15 

Paramount   Broadway   5'/2S  '51 30           30            30            +  Vs  2 

Paramount   F.  L.  6s  '47 30            30            .30            2 

Paramount    Publix    S^^s    '50 30            ,W            30           -^  V2  3 

Pathe    7s     ',37,     ww 85            85            85            -f  54  5 

Warner  Bros.  6s  '39.  wd 4154        405^        WA        +\  47 


Salesmen  Party  On 

Reservations  of  more  than  700  have 
been  made  for  the  annual  M.  P. 
Salesmen's  dinner  and  dance  to  be  held 
tomorrow  night  at  the  Plaza.  Lillian 
Bond,  Louis  Calhern,  Don  Alvarado, 
Lita  Roberta,  Ivan  Lebedeff,  Wera 
Engels,  Bert  Lahr,  Lillian  Miles  and 
Montague  Love  have  promised  to  at- 
tend. Music  will  be  provided  by  Her- 
bert Steiner's  Tasty  Yeast  orchestra. 
Meyer  Solomon  is  in  charge  of  the 
entertainment  and  Jack  Ellis  is  hand- 
ling publicity. 


New  Paramount  Record 

The  Paramount  Theatre,  Thursday, 
broke  its  matinee  record,  according  to 
Paramount  officials,  when  11,400  per- 
sons paid  to  see  "Alice  in  Wonder- 
land" on  the  screen  and  Mary  Pick- 
ford  on  the  stage.  The  previous 
matinee  attendance  record  was  10,725 
set  by  Mae  West. 


Kuykendall  in  N.  O. 

New  Orleans,  Dec.  29. — Ed  Kuy- 
kendall, M.P.T.O.A.  head  and  member 
of  the  Code  Authority,  is  here  to  in- 
vestigate Al  Yeomans'  allegation  of 
contract  violation  by  RKO  for  the 
Hanasa  Temple  Theatre,  Meridian. 
Yeomans  claims  RKO  had  already 
sold   .Saenger. 


Report  Fox  Sale  Set 

St.  Louis,  Dec.  29.  —  Indications 
here  are  that  receivers  for  the  Fox 
have  about  completed  their  deal  for 
the  sale  of  the  house.  Among  those 
mentioned  bidding  for  it  are  Fan- 
chon  and  Alarco,  the  Skourases  and 
the    Balaban    interests. 


Saturday,   December  30,    1933 


MOTION.  PICTURE 

DAILY 


Overhauling 
Is  Industry's 
Need— Brandt 


Theatre  Pass  Tax 
Termed  as  Unfair 


(Continued  from   faac    1) 

will  have  to  look  the  facts  and  the 
figures  squarely  in  the  face  and  then 
go  to  work  to  puts  its  house  in  order. 
I'm  no  Moses  to  set  down  all  the 
necessary  "shall  nots"  to  perfect  a 
code  of  business  ethics.  Who  knows 
but  that  a  proper  administration  of  the 
code  and  a  liberal  viewpoint  by  all  in- 
terested parties  may  work  out  a  set  of 
new  rules  that  will  l)e  the  necessary 
motion  picture  Bible? 

But  even  a  code  can't  make  better 
times  for  the  industry.  The  only  con- 
dition prerequisite  to  prosperity  for 
the  producer,  distributor  and  the 
theatre  owner  is  better  and  still  better 
pictures. 

Overseating  has  brought  about  the 
keenest  kind  of  competition  and  the 
theatre  with  the  good  pictures  gets  the 
dough,  while  the  rest  hunt  deer  in  the 
balconies  and  sometimes  in  the  orches- 
tra. How  are  you  going  to  do  it?  I 
suppose,  that's  the  question— okay. 
Here's  my  answer  (and  here's  where 
the  financial  surgeon  and  the  purging 
medical  specialist  come  in)  : 

Pay  common-sense  salaries  to  all 
executives  and  supervisors  and  super- 
numeraries and  super-supers.  Have  a 
common  sense  understanding  as  to  the 
value  of  plays,  stories,  actors,  actresses, 
efficiency  men,  technical  men  and  the 
horde  of  other  experts.  Make  less 
pictures  and  make  them  better.  Money 
doesn't  make  pictures.  It's  ideas  and 
development  of  ideas  that  bring  the 
customers  into  the  theatre  and  it  takes 
time  to  do  the  proper  developing  and 
embellishing. 

If  the  industry  must  buy  salacious 
stories  and  accept  vulgar  dialogue  let 
some  one  be  paid  enough  and  have 
power  enough  to  clean  them  up  before 
they  are  sent  forth  to  insult  public 
intelligence  and  bring  down  the  wrath 
of  every  decent-minded  public  organi- 
zation upon  the  industry. 

As  far  as  the  industry  is  concerned, 
there  never  was  a  truer  saying  than 
"Prosperity  is  just  around  the  corner." 
It  is  just  around  the  corner,  but  the 
industry  cannot  reach  that  corner 
unless  it  is  willing  to  show  a  spirit  of 
cooperation  in  all  branches  and  to  all 
branches. 


(Continued  from   page    1) 

to  collect  them  from  the  guests  to 
whom  they  were  issued,  holders  of 
similar  passes  to  legitimate  theatres 
are  not  required  to  pay  the  tax,  it  is 
pointed  out  by  industry  representatives 
here  who  are  studying  what  they  be- 
lieve is  a  discriminatory  provision. 

The  above  situation  developed 
through  an  amendment  to  the  adtiiis- 
sion  tax  legislation  at  the  time  the 
Revenue  Act  of  1932  was  embodied  in 
the  N.  I.  R.  A.  The  amendment  ex- 
empts from  the  tax  the  holders  of 
passes  to  any  performance  of  a 
"spoken  play,  not  a  mechanical  re- 
production, .  .  .  lasting  more  than  one 
hour  and  45  minutes."  The  time  pro- 
vision leaves  vaudeville  and  stage 
presentation  houses  outside  its  benefits. 

The  admission  tax  legislation  was 
extended  another  year,  to  July  1,  1935, 
by  the  N.  I.  R.  A.  The  Revenue  Act 
of  1932  provided  for  expiration  of  the 
tax  legislation  July  1,  1934. 


Red  Faces 

While  police  reserves  held 
in  check  a  large  overflow 
crowd  which  waited  on  50th 
Street  in  sub-zero  weather 
yesterday  for  admittance  to 
"Son  of  Kong"  at  the  Roxy, 
RKO  bookers  who  denied  the 
Radio  picture  a  Music  Hall 
spotting  looked  quizzically  at 
one  another  and  blushed. 

It  was  the  largest-sized 
hold-over  crowd  the  rival 
Seventh  Ave.  house  has  had 
in  many  a  day. 


Warners  Starting  Drive 

Starting  Monday,  Warners-First 
National  begins  a  two  months'  sales 
drive. 


May  Direct  Grace  Moore 

Hollywood,  Dec.  29. — Joe  May, 
German  director,  may  direct  Grace 
Moore     in     his     first     for     Columbia. 


New  Dent  Theatres 
Setup  Is  Approved 

(Continued  from   fane    1) 

Karl  Hoblitzelle  of  Dallas,  operating 
partner  for  the  54  Texas  and  New 
Mexico  houses,  sought  no  changes  in 
the  plans  submitted  to  the  referee  yes- 
terday. The  action  had  been  delayed 
from  the  preceding  day  to  await  the 
arrival  of  Hoblitzelle's  attorney. 

The  new  corporation  to  operate  the 
former  Dent  circuit  can  be  set  up  at 
once  as  a  result  of  the  orders  signed 
by  Referee  Davis  yesterday.  Hoblitz- 
elle will  acquire  all  of  the  Class  A 
stock  of  the  new  company,  for  which 
he  will  pav  the  Paramount  Publix 
trustees  $50,000.  All  of  the  Class  B 
stock  will  be  held  by  Paramount, 
which  also  retains  emergency  rights 
to  repurchase  the  A  stock  from  Hob- 
litzelle. 


MOTION  PICTURE  DAILY5 
HOLLYWOOD  PREVIEW 


Harry  Thomas 
Is  Made  Head 
Of  Federation 


"/  Am  Suzanne'* 

{fox) 

Hollywood,  Dec.  29. — If  this  were  a  European  importation,  it  would 
cause  the  waving  of  shirts  by  critics  and  showmen.  The  production  is 
fine  artistically  with  plenty  of  box-ofifice  values  that  showmen  can  sell 
to  the  public.  The  story  is  of  a  dancer,  Lilian  Harvey,  who,  meeting 
with  an  accident,  joins  a  puppet  show  and  falls  in  love  with  a  trouper. 
Gene  Raymond,  who  handles  the  puppets.  In  a  jealous  pique  she  shoots 
a  puppet.  Realizing  the  girl  is  human,  the  boy  helps  the  doctor  cure  her 
by  his  knowledge  of  muscles  gleaned  from  making  puppets. 

"I  Am  Suzanne"  is  Miss  Harvey's  best  performance  to  date.  She  has 
gaiety,  spontaneity  and  sparkles  with  charm.  The  production  has 
imaginative  quality  out  of  the  ordinary  to  make  it  appeal  to  lovers  of 
simple  tales  with  a  Walt  Disney  flavor.  Interwoven  with  the  story  is 
the  puppet  show  which  is  a  novelty  delight.  The  dream  of  the  girl  who 
shot  a  puppet  and  is  tried  by  a  jury  of  puppets  is  the  highpoint  com- 
bination of  artistry,  music  and  imagery.  The  puppet  impersonations  of 
Chaplin,  Garbo,  Will  Rogers  and  Chevalier  with  the  audience  hearing 
Rogers'  real  voice  should  have  definite  box-office  value. 

Jesse  Lasky  has  produced  an  emotional  screen  poem  with  box-office 
appeal.  Rowland  V.  Lee's  sterling  direction  maintains  a  fanciful  mood 
in  step  with  reality  blending  harmoniously  with  Lee  Garmes'  wonderful 
photography. 

Gene  Raymond  as  Suzanne's  sweetheart,  and  Leslie  Banks,  as  the 
artist's  manager,  deliver  fine  portrayals  with  the  rest  of  the  cast  all  good. 
The  Piccoli  Marionettes  and  the  Yale  Puppeteers  should  go  big  with 
youngsters  of  all  ages.  "I  Am  Suzanne"  may  be  rated  as  an  artistic 
triumph  but  by  shrewd  exploitation  is  apt  to  be  a  surprise  at  the  box- 
office  as  well. 


(Continued  from  J?ane    1) 

ing  Mandel,  vice-presidents  for  ex- 
changes, and  Charles  L.  Glett,  treas- 
urer. 

The  new  board  of  directors  consists 
of  the  officers  and  the  following :  Rob- 
ert Savini,  Nat  Levine,  P.  A.  Powers, 
David  J.  Mountan,  Trem  Carr,  Ar- 
mand  Cohen,  Claude  Ezell,  Harry 
Asher,  Herman  Gluckman,  Larry  Dar- 
mour,  Robert  Withers  and  three 
others  yet  to  be  named. 

Those  elected  to  the  executive  com- 
mittee were  Thomas,  Johnston,  Bell- 
man, Gluckman,  Glett,  Savini  and 
Powers,  with  the  membership  com- 
mittee being  made  up  of  the  follow- 
ing :  Eddie  Golden,  chairman,  Savini, 
Bellman,  Mountan,  Chadwick,  Man- 
del,  Ezell,  Withers,  Cohen  and  Asher. 
Appointed  to  the  finance  commit- 
tee were  Thomas,  Johnston,  Gluck- 
man, Glett,  Powers  and  Levine.  Also 
appointed  was  a  committee  on  stan- 
dards, which  will  see  that  all  produc- 
tion and  advertising  activities  are  kept 
on  an  ethical  basis. 

A  committee  composed  of  Bellman, 
Golden  and  Thomas  was  appointed  to 
select  a  permanent  executiye  secre- 
tary, who  will  give  all  his  time  to  the 
organization.  As  soon  as  this  post  is 
filled  search  will  be  made  for  a  loca- 
tion for  the  Federation's  headquar- 
ters. 

Schechter,  Lotsch  &  Sulzberger,  of 
which  Jacob  Schechter  is  head,  was 
retained   as   legal   representatives. 


'The  Last  Round  Up* 


(Paramount) 

Hollywood,  Dec.  29. — "The  Last  Round  Up"  is  a  western  with  all 
the  ingredients  that  have  made  westerns  popular,  plus  Zane  Grey's 
name  and  the  haunting  melody  of  the  hit  song.  The  picture  has  action, 
melodrama  and  love  interest  in  the  galloping  Zane  Grey  manner. 

The  opening  sub-title  tells  that  even  the  old  West  had  its  gangsters 
and  then  visualizes  a  border  legion  gang  holding  up  stages,  rustling 
cattle,  robbing  miners.    But  even  in  those  days  crime  didn't  pay. 

Monte  Blue  returns  to  the  screen  as  the  leader  of  the  border  legion. 
Barbara  Fritchie  is  the  love  interest,  Randolph  Scott  the  romantic  lead, 
Fred  Kohler  the  menace  and  Fuzzy  Knight  the  comedy. 

Where  westerns  still  have  a  vogue  this  one  should  do  nicely,  as  the 
title  song  and  Grey's  name  give  it  added  draw  values. 
(Additional  rez'iezvs  on  page  4) 


LeRoy  and  Warner 
Nuptials  Tuesday 

(Continued  from   pape   1) 

emony  will  be  performed  by  Dr.  S.  A. 
Fineberg.  rabbi  of  the  Sinai  Temple  at 
Mt.  Vernon,  where  the  Warner  fam- 
ily lives. 

Jack  L.  Warner  is  due  in  from  Hol- 
lywood on  Tuesday  and  will  act  as 
best  man.  In  the  party  are  expected 
Leon  Schlesinger,  Irving  Asher,  Lou 
Halper  and  Perc  Teeple  and  their 
wives.  The  couple  is  slated  to  sail 
on  a  world  cruise  aboard  of  Empress 
of  Britain  a  few  days  after  their  wed- 
ding and  will  return  to  this  country  in 
June. 

Majestic  Men  Favor 
Finishing  Schedule 

(Continued  from   page    1) 

Krellberg,  secretary  and  attorney ;  E. 
H.  Goldstein,  vice-president  and  gen- 
eral sales  manager ;  William  D.  Shap- 
iro, vice-president  and  Boston  fran- 
chise holder;  Tony  Lucchese,  Phila- 
delphia; Tom  Branon,  Atlanta,  New 
Orleans,  and  Charlotte;  Jack  Berko- 
witz,  Buffalo;  Bernard  Mills,  Albany; 
Joe  Skirball,  Pittsburgh;  Morris  Se- 
gal, Cleveland ;  Sam  Berkowitz,  Cal- 
ifornia. 


Weil  to  Coast  Tuesday 

Joe  Weil,  newly  appointed  assistant 
to  Carl  Laemmle,  flies  to  the  coast 
Tuesday  to  take  up  his  new  duties. 
On  the  same  day  Andrew  H.  Sharick 
succeeds  him  as  director  of  exploita- 
tion of  Universal. 


MOTION  PICTURE 

DAILY 


Saturday,    December  30,    1933 


New  Shorts 

"Screen  Souvenirs" 

{Paramount) 
Another  of  the  series  showing 
scenes  of  the  past,  with  views  of  New 
York  and  Brooklyn  during  the  winter. 
The  usual  early  "mellerdrama"  is  in- 
cluded, and  with  the  off-screen  dia- 
logue, gets  the  usual  quota  of  laughs. 
Running  time;  10  mins. 


"Conquests  of  the  Air** 

(Fox) 
An  "Adventures  of  the  Newsreel 
Cameraman"  subject  showing  shots  of 
aviation  in  all  its  branches.  Army 
planes  are  shown  during  various  ma- 
neuvers and  bombing  practice.  Civil- 
ian pilots  come  in  for  their  share  with 
views  of  air  meets  and  speed  trials. 
Closes  with  a  series  of  crack-ups  that 
grip.     Running  time,  9  mins. 


*Killers  of  the  Chapparal' 

(Astor) 
An  interesting  short  for  nature 
lovers.  Concerns  life  in  the  wilds 
of  the  West.  Interesting  shots  of 
various  reptiles,  birds  and  animals,  all 
killers  in  search  of  prey.  Most  amus- 
ing shot  of  a  pack  of  wild  cats  attack- 
ing a  skunk,  and  being  repelled  by  a 
gas   attack.     Running   time,    17   mins. 


"Season's  Greetings'* 

(Paramount) 
An  entertaining  short  feature  with 
Popeye,  the  Sailor,  up  to  his  usual 
prodigious  feats  of  strength,  much  to 
the  joy  of  Olivoyl,  and  to  the  dismay 
of  the  villain.  In  this  one  Popeye 
cavorts  about  a  frozen  pond,  and  at 
one  time  swims  up  a  waterfall  to 
rescue  his  sweetheart.  Running  time, 
6  mins. 


Fox  Foreign  Heads 
In  Conference  Here 

(Continued  from    page   1) 

the  Fox  home  office.  Numerous 
screenings  are  also  being  held. 

Those  attending  so  far  are :  Walter 
Hutchinson,  managing  director  for 
Great  Britain ;  Carlo  Bavetta,  man- 
aging director  for  France,  Belgium 
and  Switzerland ;  Harry  Cell,  south- 
ern Central  Europe,  and  Arthur 
Ruscica,  Chile. 

F.  H.  Harley  of  Brazil,  Victor 
Schochet  of  Argentina  and  Delbert 
Goodman,  Far  Eastern  district  man- 
ager, are  expected  next  week. 


Smith  on  His  Own 

Guy  Croswell  Smith,  for  12  years 
general  manager  in  Continental  Eu- 
rope for  United  Artists,  who  resigned 
several  months  ago,  has  formed  a  new 
company  called  Les  Productions  Cine- 
matographiques  Internationales,  with 
offices  in  Paris.  The  organization  will 
distribute  American  and  foreign  films 
in  France  and  throughout  the  Conti- 
nent of  Europe. 


McCoy  Turns  Engineer 

Hollywood,  Dec.  29.— Tim  McCoy 
has  arrived  from  New  York  and  is 
ready  to  start  in  "Storm  at  Midnight," 
which  will  have  the  former  cowboy 
as  a  telephone  engineer.  Harold  Shu- 
mate is  completing  the  script  of  the 
fifth  McCoy  for  this  season. 


Looking  ^Em  Over 


"A  Man's  Castle'' 

(Columbia) 

Another  artistic  achievement  for  Frank  Borzage,  who  directed  this 
romance  of  derelict  squatters  with  an  attentive  eye  on  the  box-office. 
Rich  in  hinnan  appeal  and  handled  with  tender  charm,  this  picture  will 
without  doubt  meet  unanimous  approval  of  entertainment  seekers.  Spencer 
Tracy  is  excellent  and  elicits  swell  support  from  Loretta  Young,  who 
chalks  up  one  of  her  best  performances  to  date.  Glenda  Farrell,  Walter 
Connolly,  Majorie  Rambeau,  Arthur  Hohl  and  Dickie  Moore,  in  differ- 
ent difficult  assignments  contribute  "ace"  showings. 

Befriending  the  destitute  Miss  Young,  Tracy  brings  her  to  the  squat- 
ters' community,  where  he  begins  housekeeping  with  her.  Bitten  by 
wanderlust,  cocky,  and  not  particularly  interested  in  women,  the  hero 
manages  to  stick  by  the  heroine  until  she  tells  him  he  is  about  to  become 
a  father.  The  urge  to  take  to  freight  cars  creeps  up  again.  He  takes 
fiight,  but  returns  in  short  order  to  marry  Miss  Young  and  give  the 
baby  a  legal  name. 

Still  planning  to  skip  town,  Tracy  and  Hohl  attempt  to  rob  a  safe 
unsuccessfully.  Hohl,  fiendishly  in  love  with  the  heroine,  double-crosses 
his  pal  and  believing  him  in  the  clutches  of  the  law,  returns  to  claim 
IVliss  Young.  The  hero  returns  to  his  wife,  but  before  he  gets  a  chance 
to  even  matters  with  Hohl,  Miss  Rambeau  has  already  settled  the  score. 
Together,  Tracy  and  his  wife  hop  a  freighter  for  adventure  in  a  destina- 
tion unknown. 

Motion  Picture  Daily  on  Oct.  13  reviewed  the  picture  in  flash  form 
from  Hollywood. 


''The  Son  of  Kong" 


(Radio) 

Instead  of  being  a  wrecker  and  following  in  his  father's  footsteps, 
the  son  of  Kong  is  a  great  help  to  the  cast.  He  fights  the  mammoth 
beasts  when  they  threaten  the  lives  of  the  adventurers  and  is  directly 
responsible  for  their  leaving  the  island  safe.  The  story  lags  up  to  the 
last  two  reels.  It  is  mildly  entertaining  and  probably  will  find  better 
results  with  children  than  adults.  The  mechanics  in  operating  the  col- 
ossal creatures  are  well  handled,  even  the  shots  showing  Kong  jnaking 
goo-goo  eyes. 

Robert  Armstrong  and  John  Marston  decide  to  quit  the  country  to 
escape  the  after  effects  of  Kong's  rampage.  They  visit  a  tropical  island 
hoping  to  pick  up  a  load  of  cargo,  but  find  the  shipping  business  a  flop. 
Frank  Reicher,  who  found  the  original  map  of  the  island  of  Kong, 
inveigles  them  into  returning  to  the  island  in  hunt  of  treasure,  his  real 
purpose  being  to  quit  the  island.  At  sea,  Helen  Mack  is  discovered  as 
a  stowaway,  and  when  they  reach  the  island,  the  crew  starts  a  mutiny 
and  leaves  the  principals  to  explore  the  island  themselves. 

They  meet  many  dangers,  but  Kong  helps  them  escape.  He  sacrifices 
his  life  during  an  earthquake  to  save  Armstrong,  the  others  having 
already  taken  to  the  lifeboat.  The  hunted  treasure  found  and  the  drifters 
picked  up  by  a  passing  steamer,  Armstrong  and  Miss  Mack  decide  to 
split  their  share  as  one. 


"Dawn  to  Dawn,"  now  current  at  the  Little  Carnegie,  was  reviewed  as 
"Black  Dawn"  in  Motion  Picture  Daily,  Oct.  13. 

"Dinner  at  Eight",  yesterday's  opener  at  the  Capitol,  was  reviewed  on 
Aug.  29. 

"Design  for  Living" ,  yesterday's  opener  at  the  Paramount,  was  reviewed  by 
wire  from  Hollywood  on  Oct.  31. 

"Lady  Killer" ,  yesterday's  opener  at  the  Strand,  was  reviewed  by  wire 
from  Hollywood  on  Nov.  22. 

"Smoky",  last  night's  preview  at  the  Mayfair,  was  reviewed  by  Hollywood 
wire  on  Dec.  4. 


Frank  Buck  Returning 

Frank  Buck  and  Mrs.  Frank  Buck 
are  scheduled  to  arrive  in  New  York 
Jan.  4  on  the  Rex,  hurrying  home 
from  Singapore  to  assist  with  the 
editing  of  "Wild  Cargo,"  which  he 
made  for  the  Van  Beuren  Corp.,  and 
is  scheduled  for  release  by  RKO 
Radio  late  in  February.  The  balance 
of  Buck's  expedition,  consisting  of 
Armand  Denis,  director ;  Nicholas 
Cavaliere  and  Leroy  Phelps,  camera- 
men, and  James  Naulty,  business  man- 
ager, are  returning  by  way  of  the 
Pacific  and  are  scheduled  to  arrive 
in  San  Francisco  Jan.  3. 


Monarch  in  Chile  Pact 

Negotiations  for  distribution  in 
Chile  of  four  Monarch  pictures  have 
been  closed  with  Thomas  Garcia  Co. 
of  Santiago.  The  pictures  are  "Kiss 
of  Araby,"  "The  Fighting  Gentleman," 
"The  Penal  Code"  and  "The  Savage 
Girl." 


Judell-Monarch  Deal 

Chicago,  Dec.  29. — Midwest  dis- 
tribution rights  for  the  current  Mon- 
arch Productions  schedule  have  been 
acquired  by  B.  N.  Judell,  Inc.,  of  this 
city. 


New  Shorts 


"Easy  Aces" 

(Vitaphone) 
A  comedy  built  around  bridge,  fea- 
turing Jane  and  Goodman  Ace,  radio 
entertainers.  Plot  is  laid  around  a 
bridge  game  played  by  teams  with  sig- 
nals, and  their  misinterpretation. 
Mildly  entertaining.  Running  time,  10 
mins. 

"Radio  Roundup" 

(Paramount) 
With  those  well  known  comics,  Mo- 
lasses 'n'  January,  stars  of  the  Show 
Boat  radio  hour,  as  masters  of  cere- 
monies, this  short  moves  at  a  fast 
tempo.  The  radio  stars,  Vaughn  de 
Leath,  Mary  Small,  Anthony  Frome, 
the  Poet  Prince  and  the  Three  X 
Sisters  all  display  their  talents.  The 
song  recording  is  exceptionally  good. 
Running  time,    10  mins. 


"Harmonica  Rascals" 

(Vitaphone) 
Another  of  the  "Melody  Masters" 
series  featuring  Borah  Minnevitch  and 
his  harmonica  band.  Set  in  a  boys' 
camp,  with  members  of  the  band  as 
inmates.  Popular  songs,  set  off  by 
some  comedy,  and  done  in  the  typical 
Minnevitch  style  are  presented.  Run- 
ning time,   10  mins. 


"Movie  Memories'* 

(Vitaplwne) 
A  "Pepper  Pot"  showing  scenes  of 
old-time  stars,  and  shots  of  early  his- 
torical events,  including  the  beginning 
of  the  construction  of  the  New  York 
subway,  and  the  Johnson-Jeffries 
fight,  accompanied  by  off-screen  dia- 
logue.   Running  time,  9  mins. 


Ontario  Head  Turns 
Down  Censor  Appeal 

(Continued  from  page   1) 
the    present    censorship    arrangement 
will  continue. 

J.  C.  Boylen,  chairman  of  the  cen- 
sor board,  asserts  that  importers  of 
American  films  are  annoyed  because 
nudist  pictures  are  being  banned  from 
the  lucrative  Ontario  territory. 


Cut  Foreign  Writer  List 

Hollywood,  Dec.  29 — Studio  pub- 
licity heads  meeting  in  the  Hays  office 
to  check  the  list  of  Hollywood  cor- 
respondents eligible  to  receive  studio 
credential  cards,  cut  24  from  the  list 
of  foreign  correspondents,  leaving  a 
balance  of  31  for  the  new  quarter  be- 
ginning Jan.   1. 


Hurt  in  Train  Collision 

San  Bernardino,  Cal.,  Dec.  29. — 
Arlene  Judge  and  her  husband,  Wes- 
ley Ruggles,  were  among  those  hurt 
when  the  Santa  Fe  Chief  and  a 
Union  Pacific  Limited  were  in  collision 
here  today.   Their  injuries  were  slight. 


Bert  Ennis  Resigns 

Bert  Ennis  yesterday  resigned  as 
director  of  advertising  and  publicity 
for  Majestic.  No  successor  has  been 
named  so  far  as  could  be  learned  last 
night. 


Educ'l.  to  Start  Nine 

Educational  will  put  nine  shorts  in- 
to production  immediately  after  New 
Year's,  it  says. 


I