Motion Picture Daily (Jan-Mar 1934)

MOTION PICTURE DAILY Saturday, March 17, 193 Rule Theatres Not Insurers of Safety Columbia, S. C, March 16— A theatre is not an insurer of the safety of its patrons, the Supreme Court rules in affirming an order ^of nonsuit in the "stench bomb" action against the Carolina Theatre of Columbia. The court affirmed an order of Judge M. S. Whaley of the Richland County Court, dismissing the action for damages brought by Annie Lawson Pope, who alleged she tripped and fell while trying to escape the "nauseating" fumes of the bomb. The plaintiff asserted the theatre was negligent in allowing a person to enter with the bombs and in leaving the carpet in such a condition that she was tripped when she left her seat. Acting Associate Justice W. C. Cothran, writer of the court's opinion, said that the non-suit was granted on the ground that there was no proof "of actionable negligence or wilfulness to be submitted to the jury," and that the court agreed with the trial judge. In response to a request from the plaintiff-appellant's attorney to declare the law that a theatre was an insurer of its patron's safety the same as a common carrier, Justice Cothran said even a common carrier was not liable for injuries if no negligence or wilfulness were proved. He said further that the law in South Carolina was that a theatre was not an insurer. "Harum" Wow in Akron Akron, 0., March 16.— Will Rogers may tumble the house records at the Colonial before "David Harum" departs. Its run, originally for £ week, has been extended to two weeks perhaps longer. "Little Women" holds the local record with 17 days. Muskogee in Price War Muskogee, Okla., March 16. — Recent opening of the Gem by A. B Momand at five and 10 cents for adults and three cents for children has started a price war in which Robb and Rowley have joined. Louis Borzage Killed Hollywood, March 16. — Louis Bor zage, 74, father of Director Frank Borzage, was killed here last night in an auto collision. Lewis Borzage another son, and his bride were slightly injured. Ohio Town All Schine Mt. Vernon, O., March 16.— All film theatres here are now under Schine management. The Lyric is dark and the Vine has been opened on a seven-days-a-week basis. N. O. Gets Walkathons New Orleans, March 16. — Thi town has gone in a big way for its second walkathon with a floor show 48 contestants and a band. Theatre: are feeling the competition. Sherwood Eastbound Hollywood, March 16. — Robert Sherwood left for New York to night. Buck Film Set "Wild Cargo," latest Frank Buck film, has been spotted in the Music Hall beginning March 29. Hepburn First Actress; Laughton King of Actors {Continued from page 1) For Scientific or Technical Excellence Erpi for "Wide Range" recording and reproducing system. These were the first awards since November, 1932. This year's banquet differed from its predecessors in that there was a minimum of speechmaking. Will Rogers acted as master of ceremonies and Academy members brought their ballots, their choices being limited to the nominations submitted recently by the nominating committee. After the ballots had been deposited they were counted by a group of six girls from the auditing department of the Ambassador. Their tallies were checked by a certified public accountant with no industry connections. During the progress of the balloting there was dancing between courses to music furnished by Duke Ellington's orchestra. Names of the winners were not made known until they were actually called up for presentation of the gold statuettes emblematic of their achieve Frank tioyd ments. J. T. Reed introduced various speakers. Frank Lloyd and Howard Green were among the speakers at the banquet, which was the most gala affair ever staged by the Academy. There was a rush for reservations up to the last minute and it was necessary to turn hundreds away. It was an event that brought all Hollywood together under a single roof. Actual presentation of the awards was made at a party following the banquet. Schenck Optimistic Kansas City, Mo., March 16. — Nicholas M. Schenck said here today on his way to New York from Hollywood that conditions looked encouraging for the new season for M-G-M. Franklin to Visit Coast Kansas City, Mo., March 16. — Harold Franklin is going to the coast to arrange for the production and release of independent product planned by him. Laniield Loaned to B.&D. Hollywood, March 16. — Sidney Lanfield has been loaned by 20th Century to British and Dominions to direct "Sons o' Gun," starring Jack Buchanan and Lily Damita. He leaves for England April 9 accompanied by Leonard Praskins, also loaned by 20th Century, who will adapt. Pantages Second Run Hollywood, March 16. — The Pantages has become a second run. Looking 'Em Over Gold wyn Would End Dual Bill Selling Albuquerque, March 16. — Oneway of eradicating dual bills would be for distributors to refuse to sell to any exhibitor who doubles, declared Samuel Goldwyn here today as he alighted 4 from the westbound Santa Fe Chief for station exercise. He was emphatic on the point and seemed to have no doubts about its feasibility or desirability. The producer was in a belligerent mood over criticisms of his recent Saturday Evening Post article on Hollywood salaries. He seemed to be especially annoyed that Charles C. Pettijohn of the Hays office had objected to it. "Instead of finding fault with my article, Pettijohn should blame the producers' publicity departments for publicizing fictitious salaries," de-' clared Goldwyn. "What I told was the truth and I believe I did the industry a service by pointing out that many star salaries were inordinately hiked for publicity purposes. "For instance, President Roosevelt was provoked because Baby LeRoy was getting $150 a week._ I pointed out his salary was only $50 a week Similarly, with Greta Garbo and Con stance Bennett and others in the high brackets, about whom producers had given the public to understand they were receiving a king's ransom. "Not only do they not get what th producers say they get, but the Gov ernment gets half of what they actu ally receive. It isn't salaries paid rea artists with box-office strength that in jures the industry; it's the high sala ries paid incompetents whom the in dustry would be better off without." He refused to discuss his recentvisit to Harvard, saying the faculty of the business school there wanted tc discuss certain phases of the industn and it was not customary or dignifiec to reveal what was discussed. "Good Dame" (B. P. Schulberg-Paramonnt) It's the story of a wise guy — a carnival man — who runs across a girl who isn't wise — that is, not wise in the way all other women he has known have been wise. His technique is the crude love 'em and leave 'em type. Hers is the subtle appeal of wide-eyed innocence. It's good entertainment for the younger element, and a lot of the oldsters who haven't lost their interest in a rough and ready style of romance will like it, too. Fredric March pays Sylvia Sidney's fine when she is stranded in a small town after the carnival performers have been arrested. He puts her on a train, but she is put off by Jack LaRue. They meet again in a cheap hotel and become partners in a peddling stunt that takes them from one apartment to another. He insists he'll send her to Chicago as soon as they raise the carfare. His steady protests that she doesn't mean a thing to him are accepted with apparent indifference. Their big moment comes when he is arrested for assault on an apartment house manager. She risks arrest to save him, and they are married in court. March displays his versatility in a role as a tough guy who falls in love in spite of himself. He has a fine appreciation of comedy values, as well. Miss Sidney is sincere and appealing throughout. Her work i^ much more effective than it has been in some of her recent films. "Wine, Women and Song," May fair Theatre preview Monday night, was reviewed on Dec. 16. E. M. Corcoran Bankrupt New Orleans, March 16. — Edwan M. Corcoran, auditor for Saenge; Theatres, Inc., nowr in receivership has filed a petition in bankruptcy list ing $3,044.22 in assets and liabilities of $4,074.43. All claims, except Franl J. Hughes of New York, $475, an unsecured. Toronto Passes Ended Toronto, March 16. — Weekly dis tribution of theatre passes for th unemployed has been discontinue here, it was stated today by Osca Hanson, head of Associated Theatre Ltd. The suspension is due to di; covery that the tickets had been d:; verted into political channels. Defeat Mass. Child Bar Boston, March 16. — By vote of 5 to 17, the House of Representative has voted not to prohibit children ui der 14 years of age from attendir theatres. The bill was sponsored t Representative Dorgan of Bosto Dorgan declared he would file the b; Levy Reaches Coast Hollywood, March 16. — Jules Le^ arrives from New York via the Can tomorrow.