Boxoffice (Apr-Jun 1937)

Examine Moskowitz Before Brandt Trial New York — Justice McCook in N. Y. supreme court this week set May 24 for examination before trial of Charles C. Moskowitz, executive vice-president of Loew’s Theatres, Inc., in the suit brought by Harry Brandt, head of the Brandt circuit and president of the ITOA, to enjoin Loew’s from playing films on a five and two-day split week. Until recently the New York Loew circuit played films on a week split into four and three days. Fire Delays Trial New York — Harry Brandt’s conspiracy suit against major companies and the Century circuit has been postponed until Oct. 24 by mutual consent. Brandt charged that Paramount, RKO, Universal and Columbia conspired with Century, operating the Central Theatre, Cedarhurst, L. I., to delay delivery of product to Brandt’s Gem, Far Rockaway, L. I., until after it had played the Central. Last weekend fire destroyed the interior of the Central. Pending repairs, Brandt’s house has no opposition. Electrics’ Suit Dismissed Wilmington, Del. — A formal decision dismissing the action brought originally in 1932 by General Talking Pictures Corp., and the Duovac Radio Corp. against Erpi, Western Electric and AT&T, was handed down by Judge John P. Nields in the U. S. district court here. The charges against AT&T and Western were dismissed, and an injunction sought against Erpi was denied. The court has retained jurisdiction in case Erpi should hereafter attempt to enforce the so-called “equality” and “repair and replacement” clauses in some of the company’s early contracts. Patent Suit Delayed New York — Federal Judge John C. Knox has adjourned to June 4 trial of the patent suit of the Translux Movie Ticker Corp. and the News Projection Co. against Frederick A. Morny, Bethel Morny and David Witherspoon. Default Judgment Granted New York — A default judgment against the Amusement Parkway, Inc., Isidor Liebman and Edward Siegal, operators of the Parkway, Bronx, was obtained in federal court this week by 20th Century-Fox, RKO and Van Beuren for alleged exhibition of the plaintiffs’ pictures without permission. Damages of $250 for each showing was asked. Permission to Sue New York — Judge Francis G. Caffey has granted permission to Mary Elizabeth Murphy to sue Howard S. Cullman, trustee of the Roxy, for personal injuries sustained in September, 1936, allegedly resulting from Cullman’s negligence. File Bill in Plagiarism Suit New York — A bill of particulars was filed in federal court here this week by Candid Criticism for Booking Policy Philadelphia — Al Truell, local advertising manager for 2Qth CenturyFox, sent an order of advertising matter to an up-state chain theatre. A couple of days later the order was returned. Truell, mystified, wrote the manager, asking for an explanation. He received the following wire: “You should know why it was returyied. It’s because of the ‘hop, step and jmnp' methods of our booking office. They hop on a picture. We step on the advertising. And they jump the picture to another house." Mort Eisman, Clara Dellas and Robert L. Shayon in their plagiarism suit against Samuel Goldwyn, Samuel Goldwyn, Inc., United Artists and Eddie Cantor. The suit is over an alleged infringement of the plaintiffs’ script, “Oh Shah,” in the picture “Roman Scandals.” An accounting of profits and an injunction are asked. Will Resume Questioning Atlantic City, N. J, — Questioning of witnesses in the William Fox bankruptcy proceedings will be resumed here May 17. Federal Referee Robert E. Steedle granted a week’s postponement on request of counsel for Mrs. Fox, for whom an appeal is being prepared from her recent conviction for contempt of court resulting from her refusal to answer questions at recent hearings. Exposition Faces Suit Washington — The Johnny J. Jones Exposition, Inc., recently showing here, was sued for $50,000 in district court by Edgar D. Sullivan, eight-year-old son of the show’s weight-guesser. The boy was kicked in the head by a clown-act mule while playing on the grounds. E. Lawrence Phillips, local exhibitor with the Academy and Stanton theatres, is the director of the exposition. Warner Cites Need for Quality Aid New York — Climaxing his presentation of Warner production plans at the annual sales convention here this week. Jack Warner, production chief, called on exhibitors to “give producers a fair shake and don’t see how you can bargain to buy product.” In the gathering were Spyros Skouras of the Fox chain, Y. Frank Freeman of the Paramount circuit, and heads of other chains and leading theatres in the east. Declaring that all Hollywood “is dedicated to a determined policy of quality product,” Warner said he was speaking for all producers. “Every motion picture producer,” he said, “wants to make quality pictures, but you must encourage them to spend these tremendous sums.” lATSE Maj Take MPMU in Drive New York — In its drive to unionize every classification of film worker in exchanges, laboratories and theatres, the lATSE is considering absorbing the Managers’ and Publicity Men’s Union, it was said late this week by George Browne, lATSE president. The MPMU embraces managers, treasurers, boxoffice men and cashiers, and has had an AFL charter for eight years. The group is headed by Ted Mitchell and Jack McCarron. Organize in 35 Cities Browne also revealed that organization of virtually every technical classification of film exchange worker has been or is on the verge of being completed in about 35 cities. An agreement with the New York exchange employes was expected over the weekend. The drive here is being handled by Joseph Basson, head of Local 306, operators’ union affiliated with the lATSE, As soon as locals are set up for exchange employes, the lATSE will concentrate on organization of ushers and other lowerbracket theatre employes, Browne said. Although the lATSE has had jurisdiction in this field for some time it was not deemed propitious to step in before now, he declared. THEATRE GROUPS SEEK CLOSER COOPERATION New York — Closer cooperation among all theatre workers in the legitimate and motion picture fields is one of the principal objectives of the first national convention of the American Theatre Council to be held at the Hotel Astor here beginning May 24. Primarily, the council aims to revive interest in the ailing legitimate stage. The convention will discuss plans for increasing patronage at legitimate theatres and to extend to the country at large the professional theatre now centered in New York. A proposal that motion picture exhibitors be asked to open their theatres to traveling stage troupes where other theatres are not available is due for discussion. The Council is a voluntary association formed by representatives of the Actors’ Equity Ass’n, Dramatists’ Guild, The League of New York Theatres and other theatre groups. Various auxiliary organizations are expected to be invited to participate in the movement which hopes to devise methods of providing for the welfare of young playwrights, actors, directors and other theatre workers, even down to janitors. Several unions have been organized and they hope to have an opportunity to join in the forum discussions. Among them are the Managers’ and Publicity Men’s Union, the Theatrical Business Representatives Guild and the American Advertising Guild. While the council has not invited any of the aforementioned to take part in the convention, according to Marcus Heiman, one of its directors, the guidance will be sought in ironing out organizing difficulties, it is expected. 18-B BOXOFnCE :: May 15, 1937,