Exhibitors Herald and Moving Picture World (Apr-Jun 1930)

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May 10, 1930 EXHIBITORS HERALD-WORLD 27 Ottawa Court Opens Hearing in DeForest Suit Against Famous Preliminary Testimony Describes Presenting of DeForest OneReelers in 1926 with Portable Loudspeakers — Action Forerunner to Delaware Suit Against Western Electric (Special to the Herald-World) OTTAWA, May 6. — Lee De Forest, vice-president of General Talking Pictures Corporation, here today to attend the hearing of the suit of De Forest Phonofilm of Canada against Famous Players Canadian, announced he was bringing out in the fall an attachment which would permit talking pictures in home motion pictures or for educational or industrial film. [By Special Correspondent to the Herald-World] OTTAWA, May 6. — Hearing is taking place in the exchequer court of Canada at Ottawa of the case involving basic patent rights on talking and sound picture equipment in which DeForest Phonofilm of Canada, Limited, Montreal, is seeking an injunction against Famous Players Canadian Corporation, Toronto, to restrain the latter from alleged infringement of plaintiff’s patent rights. Mr. Justice A. K. MacLean is presiding. There is an array of both witnesses and counsel for both sides in Ottawa and the case is likely to occupy a period of several weeks. The Northern Electric Company, Limited, the Canadian counterpart of Western Electric, is also involved in the litigation, this company having installed the Western Electric system in the Palace theatre, Montreal, in August, 1928, which was followed almost immediately by the launching of a suit for $25,000 damages by De Forest Phonofilm. Forerunner to Delaware Suit The court action in Canada is a forerunner to the federal suit in the State of Delaware by DeForest against Western Electric but the Canadian decision probably will have no bearing on the case in the United States. Further, judgment probably will not be handed down by Mr. Justice Maclean at Ottawa until the autumn. Preliminary evidence dealt with the presentation of DeForest synchronized one-reelers in Famous Players theatres in various Canadian cities back in 1926 through the medium of temporary installations, with portable loudspeakers being placed in the vicinity of the screen. Little Public Interest Counsel for Canadian DeForest at the Ottawa hearing are H. W. Chauvin of Montreal and William G. Pugsley of Ottawa, and those for Famous Players Canadian Corporation are Brown, Montgomery and Co., Montreal, and Smart and Biggar of Ottawa. The case has aroused little, if any, public interest in the Dominion. N ew Pantages House in Hollywood Opens May 29 (Special to the Herald-World) HOLLYWOOD, May 6.— The new Pantages theatre here, under the operation of the Fox West Coast theatres will have its grand opening May 29, with the public opening of the new house the next day. At this time it is definitely known that the policy of the house will be first run motion pictures, the Fanchon & Marco “Ideas” on the stage, with an orchestra as an additional attraction. Rodney and Lloyd Pantages will be active in the management. proposal was to suspend no license until aft^r a public hearing, at which censors would be obliged to present their reasons for banning a film or play, and said suspension, if approved, would be only for the term of the particular performance for which the action was taken. Ordinance Would Create City Board of Operator Examiners for Licenses (Special to the Herald-World) ;ij ELKHART, IND., May 6. — A proposed ordinance would create a city board of projection examiners to have charge of examining and licensing motion picture machine operators. The idea was presented at the last meeting of the city council. The board would consist of the city electrician and two operators appointed for two years by the mayor. Examinations would be held every three months. No one under 2l years of age should be licensed. The measure would provide that the license fee for the first year should be $5 and each subsequent renewal $1. Film Department of Berlin Municipality Gets Exhibitors9 Goat (Special from the Department of Commerce ) WASHINGTON, May 6. — Berlin exhibitors are up in arms against the Berlin Municipality, which has entered into direct competition with them. The municipality is starting a film department “for the production and exhibition of film records of events and work in the Metropolis.” The Berlin Eastern suburb of Lichtenberg has done this sort of work for a considerable time ; the Municipal Film Archive and Picture Theatre of Lichten-i. berg, located in a school house, completed its tenth year last week. Now that the Berlin Municipality is to follow this example, the Exhibitors’ Association is reported taking action. Warner Play dates for Sam E. Morris Month Reach Total of 46,065 (Special to the Herald-World) NEW YORK, May 6.— Exceeding by 13,232 the number of playdates scheduled for this time last year for May, Warner Brothers sales force has brought the total number of bookings to date up to 46,065. The staff is exerting itself, as there are only a few weeks left before the conclusion of the campaign. American Musicians May Lose Jobs in Britain, Minister of Labor Warns (Special to the Herald-World) LONDON, May 6. — Deportation of many American jazz band players and theatrical performers from England is probable in the near future, according to a warning issue by the minister of labor to booking agents, producers and restaurants who employ them in violation of alien labor permits. Failure to comply will result in their being sent back to America. Gustin Estate Wins $3,216 In Amusement Co. Suit (Special to the Herald-World) BRUNSWICK, MAINE, May 6. — The estate of Harry E. Gustin has won its second action against the Cabot Amusement Co., owners of the Cumberland and Pastime theatres. Gustin was associated with these theatres and a contract was made by which, in the event of his death, his estate would share a portion of the profits of the two theatres. In a former suit the court awarded the verdict to the estate. Later payment ceased and a second action was brought for further accounting and payments accrued since the payments were stopped. A verdict of $3,216 plus interest is awarded the estate. Expect Contracts to Be Awarded for New House (Special to the Herald-World) MANSFIELD, O., May 6. — A decision in favor of Board of Trustees of the Memorial Building was rendered by Judge P. E. Wilkins in a friendly suit brought in Common Pleas court by a taxpayer in which authority of trustees in rebuilding the fire-razed Madison theatre was challenged. It is expected that contracts will now be awarded and work on building a new theatre on site of the old Madison will be started in the near future. Ballot for Sunday Shows Gets Vote of 336 to 281 (Special to the Herald-World) LENOX, IOWA, May 6.— -The largest vote ever cast here resulted in favor of Sunday performances, the vote being 336 to 281. H. E. Hobben, manager of the only theatre, the Olympic, paid the costs of the election. Sound has been installed. The question was defeated last March by a majority of four votes. Move Safe into Aisle ; Blow It, and Take $400 ( Special to the Herald-World) ROBINSON, ILL., May 6. — Taking a safe from the office of the Lincoln theatre here, and moving it into an aisle of the house, burglars blew it open and succeeded in extracting $400. The safe weighed 600 pounds. Demands Public Hearings Before Censoring Films (Special to the Herald-World) BOSTON, May 6. — The Committee on Cities of the legislature has given leave to withdraw a petition by Professor Zechariah Chafee, Jr., of Harvard Law School amending the censorship laws. Professor Chafee’s Report Paramount Publix Signs 21 -Year House Lease (Special to the Herald-World) YOUNGSTOWN, OHIO, May 6.— It is reported here that Paramount Publix has signed a 21 -year lease for State theatre. The same company now operates the Liberty, within half a block of the State.