Boxoffice (Apr-Jun 1939)

Paramount Secures Third Extension — Photo by Kaye-Roth Help Support Yeshiva College — Important film men were among those who attended a Hotel Astor dinner on behalf of the Yeshiva College and its refugee students. This group includes Louis Nizer, Jacob Salzman, secretary of the dinner which was sponsored by the industry; M. H. Aylesworth, publisher of the New York WorldTelegram; Murray Silverstone, U A; George J. Schaefer, RKO; James Roosevelt, Goldwyn, Inc.; Arthur Price, treasurer of the committee; Ned E. Depinet, RKO; and Jack Cohn, Columbia. Tioo of the students are shown in the foreground. Little known is the fact Schaefer is privately sponsoring one of the student body. New York — Paramount requested and has been granted a 10-day extension until April 13 for filing answers in the action brought by minority stockholders. The suit, brought by Frank Jablow and Sam Acker, each holders of 300 shares of common stock, attacks Paramount’s reorganization as well as charging appointment of “inexperienced and inefficient individuals” by John E. Otterson in 1935 and Barney Balaban in 1936 caused the company damages “in excess of $25,000,000.” This is the third extension in the filing of answers. Loew Case Fees Total $191,865 New York — Supreme Court Justice Louis A. Valente has granted total attorneys’ fees of $191,865 to lawyers representing suing stockholders against Loew’s, out of a total award of $542,000. This sum will be deducted from the total, with the balance returned to the corporation to be added to the profit statement, and a dividend will be granted to stockholders at the end of the year. Emil K. Ellis, heading the prosecution, received $64,025; Abraham L. Pomerantz, $20,000; Pollock and Nemerov, $28,500; Bijur and Hertz, $17,079; Garey and Garey, $11,886; Milton I. Milvy, $6,000; Maurice Rose, $7,000; Menden and Mann, $7,375; and Bernard J. Reis, accountant, $30,000. Emil K. Ellis, speaking for the prosecution, stated he was satisfied the decision would aid the corporation in the future and that, until he could consult with his associate counsel, a decision on appeal could not be decided. Ask Dismissal of Plagiarism Suit Against Disney, et al. New York — Dismissal of the plagiarism suit filed against Walt Disney, RKO, Irving Berlin and Frank Churchill for allegedly infringing on the copyright of the song, “Russian Soldiers’ Song” in “Whistle While You Work” in “Snow White and the Seven Dwarfs” has been asked by counsel for the defendants on the ground the song is in public domain and the plaintiff, Modest Altschuler, neglected to copyright it. Grants Examination of Two In $225,000 Anti-Trust Move New York — Examination of David and Philip Sherry of Miller, and Sherry Enterprises, Inc., of Kingston, has been granted by Federal Judge Edward A. Conger in connection with the $225,000 anti-trust suit brought by Orange County Theatres, Inc., operators of the Strand, Newburgh, against UA, RKO, 20th Century-Fox, Big U Film Exchange, Inc., Paramount, Netco, Joseph Lee, Eugene Levy, and George Walsh. An application to examine executives of Columbus Trust Co., of Newburgh was denied. The examination will seek information pertaining to state insurance taxes paid by Orange county from 1935-1937. Circus Files Litigation Against Universal New York — A suit against Universal Pictures Co., Inc., Lester Cowan, William C. Fields, Al Wagner and Ann Dempster, doing business as the Al Wagner Theatrical Agency, has been brought by Harry Y. Bary, general manager of the HagenbeckWallace circus, seeking damages of $307,000. The suit is divided into four causes of action, with the first charging plagiarism of the circus manager’s copyrighted story, “A Circus Episode,” in the picture, “You Can’t Cheat an Honest Man.” The second claims Bary brought into this country and had under contract an animal act headed by Alverso Pietro Blacaman, a Mexican. After Cowan and Fields approached the plaintiff and succeeded in getting him to pledge the services of Blacaman for a picture, they, working through the Wagner agency, succeeded in getting him to break his contract, is the charge. Thirdly, it is asserted the defendants notified the department of immigration, labor division and told them the plaintiff was in financial difficulties and unable to support the circus. On this basis, it is stated in the suit, the act of Blacaman’s was taken from him by the department which rescinded the order after an investigation on Bary’s plea. Lastly, it is charged Universal agreed to use the plaintiff’s circus in the picture but used the animals of Blacaman instead. Texas Exhibitor Dead Brownfield, Tex. — Earl Jones, operator of three local theatres, died here Thursday morning. New York — “Magillas,” representing tokens of appreciation for work done in connection with the affair, have been given to W. G. Van Schmus, chairman of the sponsoring committee of the Motion Picture Industry’s Scholarship Fund Dinner for Yeshiva College, and George J. Schaefer, who stepped into the breach when Van Schmus was taken ill and forced to rest at St. Luke’s Hospital. The support of the industry was climaxed by a dinner at the Astor where Schaefer received the encased scroll, with the story of Esther, for Van Schmus and himself. Speeches by James Roosevelt and Louis Nizer highlighted the affair. Merlin H. Aylesworth, publisher of the New York World-Telegram, introduced Roosevelt and welcomed the son of the President to the industry. Impromptu, Roosevelt admired the spirit of the occasion and lauded the efforts of Yeshiva. Nizer, recalling the prophets, told the ten students who attended “You are not alone,” and predicted the downfall of today’s “monster of the world” by reflecting on the history of dictators of the past. Arthur Price, treasurer of Yeshiva, was toastmaster. Other speakers included Dr. Bernerd Revel, president of the college; Dr. Nelson P. Mead, president of C. C. N. Y., and Prof. Moritz Werner of the Yeshiva faculty. Bernerd , Wilson Confer With E. W. Hammons New York — Jeffrey Bernerd and Maurice J. Wilson, managing directors of Grand National, Ltd., are conferring with Earle W. Hammons, president, on plans for next season. They will remain indefinitely. BOXOFFICE :: April 8, 1939 E 30-A