Boxoffice (Jan-Mar 1941)

* 41 Starts Off With Bang In Chicago Loop Units Cc " " 'h Contested Election Stymies Solons Jefferson City, Mo. — Because the election of Forrest Donnell, Republican, as governor of Missouri is being contested by Lawrence McDaniel, his defeated Democratic opponent, it looks like there will be very little legislative activity for some weeks to come. Until the matter is disposed of, the legislative mills cannot function. Thus any film bills which might have been thrown into the hopper, will have to mark time until the point is settled. V> =>) May Loosen Ascap's Grip in Wisconsin Milwaukee — In exhibitor circles it is believed that a ruling handed down by Federal Judge F. Ryan Duffy here sustaining a 1935 statute which requires licenses for music brokers and the payment of a 25 per cent franchise tax will have a considerable effect in lessening Ascap’s power in Wisconsin. The decision was handed down in the case of Leo Feist, Inc., vs. Wiley Young, West Allis tavern keeper and an official of the Tavern Music Protective Ass’n of Wisconsin. In the action, taken under advisement last May by Duffy, Feist sued to collect a $250 copyright infringement fee, claiming that Young had permitted the playing of “The Waltz You Saved for Me” in his tavern last January 6 without permission. Injunction Is Denied Young filed a counterclaim, contending that neither Feist nor Ascap had complied with the 1935 law and requested an injunction to restrain them from collecting fees for the playing of copyrighted music. Although sustaining the franchise tax, Duffy refused Young an injunction, holding that “there would seem to be no such emergency, or irreparable damage situation, which calls for such action at this stage of the controversy.” Answering Feist’s claim that the state law was unconstitutional, Duffy said: “It is admitted that Feist has made no attempt to comply with Chapter 177, and the same is true with reference to Ascap. “Chapter 177 is, in form, a revenue measure. The payments to be made thereunder are expressly stated to be a franchise tax. The motives which the legislature may have had in enacting this law are matters beyond the scope of judicial inquiry. A recent case decided by the U. S. supreme court shows the wide latitude that a state has under taxing power — the state of Wisconsin vs. J. C. Penney Co., decided Dec. 16, 1940. “While plaintiff herein claims Chapter 177 is unconstitutional, yet it contends that the case at bar is not a proper one in which to test that issue. Certainly, the presumption must be that this state acted within its constitutional power. The motion of plaintiff to dismiss the counter Chicago — Business for ’41 started off with a bang in Chicago’s loop with “Kitty Foyle” at the Palace, “Love Thy Neighbor” at the Chicago, and “Mannerheim Line” at the Studio heading the boxoffice parade. RKO’s “Kitty,” coupled with the same company’s “Saint in Palm Springs,” is proving the best boxoffice draw the RKO theatre has had in ages, the women especially, amply provided with hankies, making a bee-line to the Palace. Tom Gorman says it should run about three weeks. The second week of Paramount’s “Love Thy Neighbor” at the B&K flagship, the Chicago, is packing them in especially with a top-notch stage show headed by Tamara. Herb Elisburg’s Studio is the meeting place for the “artier” patrons these days with Artkino’s “Mannerheim Line” going into its fourth week and proving to be the best draw ever shown at the Van Buren Street house. Detail for week ended January 2: (Average is 100) Apollo — Arizona (Col) 115 Second good week. Chicago — Love Thy Neighbor (Para’t) 150 Second week at the B&K flagship. Good reviews and favorable word-of-mouth packing in the customers. Nice stage show headed by Tamara also partly responsible for success of film. Garrick — Tin Pan Alley (20th-Fox) 130 After two terrific weeks at the Chicago, the Zanuck success keeps ’em coming in at the Garrick. Oriental — Lone Wolf Keeps a Date (Col) 140 Stage show, Ted Weems’ band, is pulling ’em in. Palace — Kitty Foyle (RKO),; Saint in Palm Springs (RKO) 200 Though “Kitty Foyle’’ opened on a bad day, Tuesday, it warmed up New Year’s Day and has the women lined up on Randolph Street. Roosevelt — Thief of Bagdad (UA) 130 Swell holiday film and bringing in adults as well as youngsters. State-Lake — East of the River (WB) 130 Film and stage show cashing in on general strong loop business. Studio — Mannerheim Line (Artkino) 200 Best thing that ever hit the Studio. Did 300 first week, 250 second week. United Artists — Bitter Sweet (M-G-M) 120 Picture profiting from general good business. claim and to strike portions of defendant’s answer must be denied. “As to the defendant’s motion for a temporary injunction, there would seem to be no such emergency, or irreparable damage situation, which calls for such action at this stage of the controversy. Furthermore, this court is informed that one or more cases are now before the U. S. supreme court in which there is at issue the validity of state legislation pertaining to the public rendition of copyrighted music. The decision of such cases may throw some light on the issue raised in the case at bar. Such decisions are expected to be rendered prior to the time that the trial of this case can be reached. The motion of the defendant for a temporary injunction is denied.” The court also held that any “threat of suit” by Ascap to force compliance with a copyright, as cited by Young, was unlawful under the Wisconsin statute and that investigators employed by Ascap to determine violations of copyright by tavern Hiked Admissions Help to Build Milwaukee Takes Milwaukee — Hiked admissions for New Year’s Eve starting at 5 p. m. of 75 cents for the Riverside and 85 cents for the other first runs helped up grosses for the week together with new shows on New Year’s Day at Fox’s Wisconsin, Palace and Strand theatres. These latter houses played special programs for New Year’s Eve only. Detail for the week ending January 2: (Average is 100) Palace — Second Chorus (Para’t); Texas Rangers Ride Again (Para’t), 2nd wk. ; Arizona (Col), New Year’s Eve only 125 Riverside — Sandy Gets Her Man (Univ) ; plu§ stage show 145 Strand — Arise, My Love (Para’t); Cherokee Strip (Para’t), 2nd wk. ; Hudson’s Bay (20th-Fox), New Years’ Eve only 115 Warner — The Thief of Bagdad (UA); Hit Parade of 1941 (Rep), 2nd wk 120 Wisconsin — Chad Hanna (20th-Fox); Great Profile (20th-Fox), 2nd wk. ; Flight Command (M-G-M), New Year’s Eve only 145 "Love Thy Neighbor" Is Ace in Indianapolis Indianapolis — “Love Thy Neighbor.” Paramount’s Benny-Alien attraction, gave the Circle double-average business during the holiday week. Other local top-grossers were Columbia’s “Arizona” and Republic’s "Melody Ranch.” (Average is 100) Alamo — Three Men From Texas (Para’t); Pride of the Bowery (Mono) 85 Ambassador — Melody Ranch (Rep), 1st run; Chump at Oxford (UA), 2nd run 155 Circle — Love Thy Neighbor (Para’t); Meet the Wildcat (Univ) 200 Indiana — Chad Hanna (20th-Fox); A Night at at Earl Carroll’s (Para’t) 100 Lyric — Behind the News (Rep); plus Nick ..Lucas on stage 95 Loew’s Palace -Arizona (Col); Girls Under 21 (Col) 155 keepers would have to obtain licenses from the state. The Wisconsin law originally set the franchise tax at five per cent, but this was increased to 25 per cent by an amendment in 1937. Under the act, violators are subject to fines of from $200 to $500 for each offense. Robert A. Hess, Wisconsin counsel for Ascap, is expected to advise an appeal in the ruling. If the l^w is sustained, it is estimated that Ascap will be obliged to pay $50,000 annually on the reported $200,000 it collects in Wisconsin. P. /. Hanson Dead Oshkosh, Wis. — Death last week claimed P. J. Hanson, 83, onetime operator of the old Bijou in Rhinelander and father of Harvey Hanson, operator of the Palace in Antigo. Besides his son, Hanson is survived by his wife, two brothers and a sister. BOXOFFICE :: January 11, 1941 C 35