Boxoffice (Apr-Jun 1939)

BROADWAY Limitations Statute Invoked in Chicago Chicago — The defendants scored a point in the criminal contempt proceedings currently going on in federal court here when Master in Chancery Edgar Eldredge ruled that the statute of limitations must apply to records being sought by the government. The federal attorneys had sought boxoffice records of B&K theatres, and total annual film rentals of the exchanges, back as far as 1926. However B&K, Barney Balaban and the seven major company defendant lawyers argued that the statute of limitations must apply, whereby the government would be entitled to inspect records back just three years prior to filing of the suit. Since the suit was filed in November, 1938, this means that records will be available to the government only back as far as November, 1935. Government Suit Speed Efforts Unsuccessful (Continued from preceding pave) that the violations grew suddenly from the thin air, but were part and parcel of a gradual growth, the exact time of which he did not know. Williams claimed he knew that it was possible economic circumstances had forced the companies into their present position of becoming a monopoly, through cut throat competition, but under the federal anti-trust laws there was still no ground for a benevolent monopoly. Thomas D. Thacher then took up the cudgels. He attacked the answer to Article 8 of the demand for a bill, stating that although 55 cases were given, there was no indication that more would not be added to confuse the issue. Williams told him at this point, these were all the cases the government intended to base its action on except in those instances where they were requested not to give names. Judge Bondy declared that, under the new rules of civil procedure, it was necessary to give the defendants information which they already know, even if the plaintiff does not know the answer. He decried this rule, but indicated he may have to follow it. For the first time his attitude seemed to favor the government and court observers believe that his decision will bear out that attitude, and force few, if any additional particulars. It was revealed continual requests for speed in his decisions in this matter from Washington may bear on the decision which, if favorable to the companies, would delay matters another six months. A Ban May Fall Washington — End of the 27-year-old ban on the interstate shipments of prizefight films is forecast in the action of the senate interstate commerce commission’s recommendation of passage of the Barbour bill. (Continued from page 28) chickens have put him into the egg business . . . The two Joes — Moskowitz and Pincus — spent the Decoration Day holiday in Bermuda. The Lynn Farnols motored to Maine for the same respite . . . Ben Bernie, who recently relinquished eastern representation for the Selznick agency, is plotting an extended vacation. Bob Bernstein, son of the Loew treasurer, spent Decoration Day weekend on a Bermuda cruise . . . Anniversary note: Louis Goidel of the Paras-Court, Brooklyn, celebrated his 18th wedding date recently . . . Adoption note: Ben Kalmenson, WB western sales manager, has adopted five-year-old Zasarias A. Alonso, Spanish refugee, through the Foster Parents’ Plan for Spanish Children . . . Herman and Rose Gluckman back with the Gene Pickers from an eight-day Havana cruise . . . Jack Ellis, local RKO salesman, is the first to reach a 100 per cent standing in the George J. Schaefer Drive, now ended . . . Henry Randel, Brooklyn exchange manager for Paramount, and Myron Sattler, New York manager, are both on the coast vacationing in advance of the annual sales convention which gets under way Thursday. Jack Cohn has started something. A new type of club — Picture Pioneers — with membership limited to men who have been in the industry for 25 years or more. No dues; fust the fun and relaxation that comes over a luncheon table two or three times a year. “Informal and elastic” will be the format. Instead of meetings, the sessions will be known as conferences, a . REVIEW FLASHES • MAISIE (M-G-M) — Another direct hit from Leo's second line of defense, this sparkling comedy transcends to a surprising degree its buildup and budget and will add lustre to either the upper or nether side of any program. Ann Sothem, co-starred with Robert Young, scores a brilliant portrayal in the title role. J. Walter Ruben produced; Edwin L. Marin directed. SUN NEVER SETS. THE (Univ)— Heavily endowed with production values and bolstered by a strong cast with Douglas Fairbanks jr. and Basil Rathbone in the van, this picture of Britishers and their traditions in the far reaches of the Empire should find smooth sailing since it merits a place above the average of current Hollywood product. Roland P. Lee produced and directed. COMPLETE REVIEWS on the above pictures will appear in an early issue of BOXOFFICE. satiric slap at the overworked phrase that’s come to be known as a by-word in the industry. Lew Nathan celebrated his 20th wedding anniversary Thursday. A pioneer in the local photographers fraternity. Lew has contributed 19 consecutive years of service as head of Paramount’s lens staff . . . Jack Fairley of Wollongong Theatres, New South Wales, was a visitor among local film offices. Ditto Rubel Hutchings of Allen, Neb., and Pablo Cavallo of Buenos Aires . . . Carter Barron was in to see colleague Oscar Doob . . . John Pavone, Warner’s New Haven branch manager, spent some time with Roy Haines and departed . . . Harry Kosch, Allied of New York counsel, is being hindered considerably lately with an attack of colitis. William N . Skirball is all hot and bothered because, despite the heat, “Birth of a Baby” is in its third week at the Rialto, Newark, and Albee, Milwaukee . . . Oscar Serlin, who supervised “The City,” has gone to Hollywood to begin casting “Life With Father,” to be produced on Broadway shortly . . . Grad Sears is due back from a quick trip to the coast in about a week . . . Murray Silverstone and Jim Mulvey left the UA headquarters about 6:30 the other night, the chairman of the UA board loaded down with books and trade papers ... A. A. Shubart and Mike Poller are in constant huddles setting up plans for the RKO convention for the Westchester Country Club in two weeks. With the RKO sales palavers, all companies will have held their product talks and sales policy ballyhoo. Vincent Trotta was given a swell sendoff by Ampa on his 25th Paramount anniversary with a lot of kidding back and forth and the guest of honor taking it all in his stride. The fake WMCA broadcast highlighted the fun. Incidentally, the greatest attendance of the season turned out for Trotta and also concluded Ampa sessions for this semester . . . Cameron Shipp, formerly amusement editor for the Charlotte, N. C. Neios, and now southern publicity and exploitation representative for Warner, was in town the other day for home office conferences with Mort Blumenstock and Lee Blumberg . . . R. R. Winship, Phillipsburg, Kas. exhibitor, was among the RKO home office visitors to the World’s Fair lounge. He says Saturday night business has fallen off in small towns . . . Charles Cobum, veteran actor, is home again after another jaunt to Hollywood. Warner and Kuhn Briefs Will Be In by June 9 New York — Warner Bros, and Fritz Kuhn, leader of the German-American Bund, will file briefs by June 9 in federal court here in connection with the libel suit instituted by the latter over the production of “The Confessions of a Nazi Spy.” Four days later the film will be screened in court by Judge Vincent L. Leibell. BOXOFFICE : : June 3, 1939 E 30-A