Exhibitors Herald World (Jan-Mar 1929)

January 12. 1929 EXHIBITORS H ERA LDWORLD 25 Variety Analyzes The Trade Papers FROM time to time "Variety,'' a showbusiness publication, undertakes a critical analysis of the motion picture trade papers. Like much of the general text of "Variety," various of these analyses are amusing but, consistently with the policy of the publication, they do not trouble themselves with the little matter of facts. We do not suggest that particularly in the case of contemporary publications "Variety" maliciously, or even deliberately, misrepresents or distorts truth; it is simply a case in which general unfamiliarity with the habits of truth-telling is the normal order of the day. In a recent issue "Variety" published the latest analyses in the series. In this the merger of Exhibitors Herald and "Moving Picture World" was discussed and several erroneous conclusions arrived at. We shall not trouble ourselves to attempt to correct these conclusions, first, because mention of a mis-statement in "Variety" would have the originality and infrequency of the greeting, "Merry Christmas"; secondly, "Variety" is suspected of having been so long inured to the practices of the mailed fist school of journalism that even the terms of the business in which we are engaged would sound to its managers as a foreign tongue. Mr. Sime Silverman, publisher of "Variety," is commonly and widely held by those who know him best as a great guy. On this point it has not been our privilege to share an intimacy which would enable us either to agree or disagree; but the observation asserts itself that to be able to put up with what his publication technically would call the mob he has around him — he must be. "Variety's" estimate of itself as published in the above-mentioned analysis is as follows : Variety Variety probably remains about the same, a mixed sheet trying to cover all of the show business, with the chances it is making a bum of itself trying. Its hook-up is very heavy, and though selling at 25c on the stands, this paper is far less prosperous than it looks some weeks. Variety's sloppy way of writing and printing is likely a laugh to those who know, but no way has been discovered to rectify its faults. The latter must be plenty to newspaper men if they ever read Variety, for those in Variety's offices can see 100 holes in the sheet every time it comes out. So this paper continues as the same terrible exhibit of newspaper work it always has been. M. J. Q. Theatre Fire's Final Toll 21 Buildings and $100,000 (Special to the Herald-World) HALIFAX, Jan. 8. — Fire starting near the furnace of the motion picture theatre at Joggin Mines, Xova Scotia, owned by F. J. Burke, was not subdued until 21 buildings had been destroyed. The loss is $100,000. Burned structures included the theatre, a church, hotel, school, stores and 12 residences. Pathe Wins Round in Fight to Keep Censors off Talking Films Injunction Granted by New York Supreme Court Restraining Board from Invalidating Licenses for "Sal of Singapore" — Test Case, Says Colvin Brown (Special to the Herald-World) XEW YORK, Jan. 8. — Pathe has gone to court to prevent the censors of Xew York state from interfering with dialogue in motion pictures that talk. The Supreme Court yesterday granted a temporary injunction restraining the Xew York board of censors from invalidating or revoking licenses for the sound and dialogue version of "Sal of Singapore." "Sal of Singapore" was released January 4. The silent version of the picture was passed without deletion or change. Pathe did not submit for censorship the sound record accompanying the film. Colvin W. Brown, executive vice president speech. The requested licenses were issued of Pathe, said that the suit was brought for the single purpose of clarifying the situation. Students of the industry recalled, however, that Pathe has long been in the fortfront in combatting censorship, began the fight that freed news reels from censorship interference, and won important legal actions in Xew York and Ohio. That an important issue is in the balance is recognized and Pathe has received congratulations for its important and aggressive step, which is expected to result in a decision beneficial to the entire business. Writ Obtained The injunction against James Wingate, director of the Motion Picture Division of the Xew York State Education Department, the Board of Regents and the Commissioner of Education, was obtained by Coudert Brothers, attorneys for Pathe, returnable yesterday. Pathe states that on October 11 application was made to the director of the Motion Picture Division for Licenses to exhibit one original and four duplicate prints of "Sal of Singapore." This silent version was reviewed and upon receiving a rating of 100 per cent was licensed by the censor board. Subsequently, dialogue sequences and musical synchronization were recorded for this Phyllis Haver vehicle. The making of the sound recordings did not involve any change of the pictorial matter. Limited Licenses Given On Xovember 2, Pathe made application for additional licenses for six duplicates of "Sal of Singapore." The sounds, music and words recorded were not submitted, as there is nothing in the law, by inference or suggestion, as to the censorship of F B O Director in Hospital NEW YORK. — Basil Smith, assistant director to Bert Glennon, is in the hospital suffering from a nervous collapse. James Sevmour, casting director, is replacing Smith temporarily. Theatre Inserts Titles In Two Languages (Special the Hesald-Wor'J) MONTREAL, Jan. 8.— Bilingual titles made their appearance in sound productions here last week, when they were introduced at the Capitol theatre by Manager Harry Dahn with the presentation of "A Woman of Affairs." Titles were in both English and French to meet Quebec legal requirements and also to cater to the immense French population of Montreal. Manager Dahn announced that arrangements had been made, at considerable expense, to have bilingual titles in all sound features at the Capitol. Since September 1, the Frenchspeaking people had been struggling with English titles, and it was said that they were thus learning English. with the following words stamped upon their face: "This license is invalid when the film or any part thereof is used in conjunction with any mechanical devices for the reproduction of sound or by the use of persons for the utterance of language." Pathe directed the attention of Wingate on December 12 to the fact that there is nothing in the law empowering him, or his department to issue limited or restricted licenses for the exhibition of any films, that the obligation to issue unrestricted licenses for all films, except those found to be obscene, indecent, immoral, inhuman, sacrilegious or of a character tending to corrupt morals or incite to crime, was mandatory. Pathe held this action was unsound in law and an arbitrary assumption of power. Lewis Innerarity, secretary of Pathe, emphasized the absurdity of this ruling. Bill Broadening Powers of Censors Is Expected (Special to the Herald-World) ALBAXY, Jan. 8. — The question of how far a censoring body can go under the law which created the censoring commission of Xew York State and outlined its duties, in passing final word on sound pictures, has been a subject of considerable discussion at the state capitol in Albany during the past few weeks, and fresh impetus has been given by the Pathe case. It is understood that a bill is to be drafted in the near future, and which will be introduced in the Legislature, broadening the powers of the Xew York State motion picture commission insofar as talking and sound pictures are concerned. Kansas Board May Get Device for Censoring Sound (Special to the Herald-World) KANSAS CITY, KAN., Jan. 8.— The Kansas State censor board would become censors of the spoken word, now that the board has moved into its new headquarters. Miss Emma Yiets, chairman of the board, announced. If the funds will permit, a small sound device synchronized with the films will be installed. Xo sooner had the Kansas censor board made its announcement concerning the censoring of talkies than the Kansas City Star came forth with an editorial in which the writer stated: "As if the talkies did not already have enough to worry about, along comes the Kansas state board of review and proposes to censor the spoken word as well as the scenes upon the screen. ... It might perhaps be spared the complexities of being subject to the whims of an appointive board as to whether the words which pour forth in synchronization with the film should be listened to by the impressionable public."