Variety (Dec 1928)

16 VARIETY PICT U R E S Wednesday, December 5, 1928 "Sunday' for Films Legal in Quebec; Bad Decision for lord's Day Alliance Mpmreal, Dec. .4. Lord's Diiy Alliance, had a set- back, in this province when Judge Desaulniers decided picture shows are not theati-ica:!' pcH-forriiances and In consequence, are not prohibited from opening on Sundays. The case arose from a complaint by the High Constable of Montreal against the United Amusement Co. in this city . for. pporatins one of its chain on a Sunday. , The com- pany.'was brought before Judge Marin of the Court of Sessions and there protested that the courf had no jurisdiction to hear . the case: A writ of prohibition wa.'J applied tor in the Superior Court to pre- vent the criminal court from pro- ceeding with the. case. The wnt has now been maintained. Judge Desaulniers declared that a moving picture is not a "theatrical performance as is, speciaUy desig- nated In the Lord's Day Act. Un- der the law it is declared that the lawe of the legislature regarding Sunday observance in force on Feb- ruary 28, 1907. when the new law came into effect, will continue in force until modified or amended. JAGKSON and LEE "STEPS AND LAUGHS" Start Fanchon nnd Mnrco Greater Stage Scafion . ■with' SALLY O'NEILL Btt.LY SNYDER Tlie Juvenile Prince. Doinjr Tipie *<»■ • FANCHOV nnd MARCO with CHARLES MURRAY In "HATS IDEA" Direction WM. MORRIS AOBNCX 1>. S,—(TaAt finished a very pleasant neek ^Ith Hermle Kins In Ooblaii4 and furthermore that it is por- /inittcd to. do on Sunday all acts which are not prohibited by the i.'iw.s' of tlie logisT.ature in force, at ihat date apd to u.se the day with the. liberty recognized by custom, in the ri ovince of Quebec. Since proven that moving pic- ture performances had been given on Sundays prior to February 28, 1907, judgment wa.s In favor of the United Amusement Co. Thi^^ Is a very important decision for picture interests here since Sun- day is the best day for grosses in the week. Should it be closed to moving picture performance. the- atres would lose close to 25 per cent, of their grosses and many might be forced to close. L. A. Taschereau, Premier of . the Province of Quebec, said that the Attorney-General's department of the province had been instructed to appeal the Judgment. He pointed out that Judge Letellier fn the Su- perior Court had recently taken an entirely opposite view of the ques- tion and an anomalous position had been created. Ghildren's Act. Upheld The Children's Act, barring youngsters under 16, even attended by parents or guardians, from at- tending nroving picture performr ances in the Province of Quebec, passed at the last session of the Quebec Legislature, has been up- held in the courts. Judge Deiriers of the Superior Court quashed ;B0 writs of prohibition secured by lo- cal picture theatre owners in an effort to halt proceedings instituted against them in the Recorder's Court for violation of the hew law. To test the validity of the law, the theatre owners disregarded it entirely and awaited action by the police. Proprietors were according- ly Bummoned before the Recorders Court but before their cases went to trial they secured writs It was agreed that one trial case, that of Jules Duhamel, of th^ Pas Profitable Chance A Bronx, New York, vaude- Bound theatre is taking, a chance with its patrons^ but so far has found it profitable. On the week-ends, when large crowds attend, the an- nouncement is that there are no more balcony seats. Orches- tra seats are 15c.. higher, with the patron usually buying for downstairs. Inside, the buyer finds ,the orchestra weh filled, but is in- formed there are seats in the balcony. Regulars, wise to the gag, prefer to go upstairs rather than complain or walk to another house, with the same chance of obtaining seats. While some sfluawks |iave been registered, the manage- ment does not heed them. It is willing to gamble on how long the patrons will stand for that port of works. time theatre, should serve fes a test case. In the week that has ensueid since the rendering of the decision, there has been no change in the proced ure of the theatres owners in ad mitting minors under 16. The youngsters are still going in with oujbtso far any actipa by the po lice; ■'' J, L. Patenaude, president of the Province of Quebec Theatre and Cinema Owners' Association, has called a meeting of the ,assoc.iia,tIon for Dec, 6 when the question of ap- peal to the Supr(feme Court of Canada will be discussed. To lodge this appeial $10,000 must first be set aside to cover costs. The meeting will consider the advisability of this step and if agreed will make an as sessment on all inembiers to meet this amount. AWAED AGAINST SCHDTE An arbitration award for, $4,7^6 has been given United Artists against the Schine Theatres Co Inc., Schlne'B Avon, Utica, figured In a contract claim for pictures booked but not played.' Syracuse House'* Own Sound Han-a-Phone Syrafiuse, N. T., Dec. 4. Swan, North Side repeat house, operated by the Fitzers, joins the sound parade next Sunday when it will play: Fox's "Street Angel," Vlth records via newly Installed Han-a- phone equipment. This will be the house's first at- tempt to synchronize Its own pic- tures, substituting a record set up for Jhe producer-made score. "Street Angel" was originally shown at the Empire with the Fox Movietone score, and has also played the wired Riviera. . • The Fitzers plan ultimately to re- place the Han-a-phon« equipment at the Swan with Phottiphone, in.stall- ing the latter also In the Rlvoll. Photoplione is also set for Keith's Brighton arid SyracUs.6. ' ■ Western Electric, first in the field here, is in the Strand, Eckel, Loew's State and the Empire downtown, and in the Riviera. Regent is also awaiting Vitaphone. The Swan is the first house to take Han-a-phone in Syracuse. JUGGIIIJG EIVIERA ChSca:go, Dec, 4. Riviera' theatre, recently returned by the OrpheUm Circuit to Balaban, & Katz because of. terrible biz, is about to undergo another change of policy. • . Reported B- & K. will discard vaude and use the house for sound show.s. Bhimenthal's Hold Suite Offices in N, T; A. C. Blunienthal, realty repr«» sentatlve for William Fox, has tE suite of rooms in the Hotel Ambas«i sador. New York, lar^e enough t« accommodate a staff of about 30 accountants, 12 lawyers, clerloB, stenogs, etc. Blumenthal Is using the hotel headquarters to negotiate with the- atre owners from anywhere. Mostly those now swalrmirig to the hotel are from New York and surround^ Ing states. A wider territory Is b»^ Irig covered daily by BlumenthaL Blumenthal appears to be operat- ing for Fox in buying theatres on ai basis of three, for one of a theatre's net profit. Where real estate is In-i volved, that is usually a matter of. lease taken by Fox, additionally, or, if with present lease without the owner interested in the land, the real estate end does not enter. Where a theatre under considera- tion shows by Its books to hav« been in the red, only ,Qonriipensatiou Is paid for the furnishings. The i-ed house Is customarily one of a chain, small or lai-ge, and goes with the rest. Blumenthal, has had the Ambas-., sador space since st£w.-ting negotia-, tions for the indie picture houses hi Greater New York. W. C. TEIAL DATj: JAN. 22 Los Angeles, Dec. 4. Further postponement of the Federal suit against West Coast Theatres,- Inc., was granted today Tuesday) by Judge McGormick of Federal Court. Attorneys for defense pleaded they were not ready to go to trial and obtained a delay until Jan. 21 Picker Books Loew's Shortis, Gene Picker is now booking th«" talking shorts in the Loew house* in New York. . ' AM-talking "Wolf" Los Angeles, Dec. 4. Paramount will make "The Wolf of Wall Street" an all-talking pic- ture. George Bancroft, Baclanova, Car- roll LUkas and Arthur Rankin will do most of the talking. SI WIL L S "Wanted by Everybody—Even the Police" with 'Tickin' Peaches" Unit This. Week: Missouri, St. Louis Direction: WM. MORRIS OFFICB BARRY SHERWOOD TENOR First Appearance in America Featured in Fanchon and Marco s SALLY, QTSTEILL "Mike" Idea H A R R Y ANOTHER TRIUMPH FOR ED D IE AND ANOTHER STEP TO STARDOM NOW MAKING THEM LAUGH AT ARAMOUNT, NEW YORK (This Week Dec. 1) PARAMOUNT, BROOKLYN (WEEK DEC. 8) ChasrNiggenieyer^r^^BUBBLES^UNIX Our Sincerest Thanks to MARK LEDDY Material by DARBY AARONSON gement, ABE FRIEDMAN, 1560 Broadway, New York m Personal Mana