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DAILY
Wednesday, June 19,1935
Vol. 67, No. 143 Wed.. June 19, 193b 10 Cents
JOHN W. ALICOATE
Editor and Publisher
Published daily except Sundays and Holiday? at 1650 Broadway, New York. N. Y., by Wid's Films and Film Folk. Inc. J. W. Alicoate, President, Editor and Publisher Donald M. Mersereau, Secretary-Treasurer and General Manager; Arthur VV Eddy, Associate Editor ; Don Carle Gillette. Managing Editor. Entered as second class matter, May 21, 1918, at the post-office at New York. N. Y., under the act of March 3, 18/" Terms (Postage free) United States outside of Greater New York $10.00 one year; 6 months, $5.00: 3 months, $3.00. Foreign $15.00. Subscriber should remit with order Address all communications to THE FILM DAILY. 1650 Broadway, New York, N. Y. Phone, Circle 7-4736. 7-4737, 7-4738, 7-4739. Cable Address: Filmday. New York. Hollywood, California— Ralph Wilk, 6425 Hollywood Blvd., Phone Granite 6607. London Ernest W. Fredman, The Film Renter. 89-91 Wardour St., W. I. Berlin — Lichtbildbuehne. Friedrichstrasse, 225. Paris P. A Harlr, La Cinematographic Francaise, Rue de la Courdes-Noues, 19.
FINANCIAL
Burkan Refutes Claim Ascap Music Essential
In refutation of the testimony given Monday by William J. Benning, musical and program director of station WTMJ, Milwaukee, that Ascap music was absolutely essential to his programs, Nathan Burkan, Ascap counsel, drew from him yesterday repeated admissions that there was a vast supply of usable material in the publie domain.
Benning, who occupied the witness stand all of yesterday at the trial of the U. S. anti-trust action against Ascap, now in its second week, admitted that there was much negro music, hillbilly music and classic music in the public domain. He admitted, too, that there was a considerable supply of phonograph records of public domain music.
Benning admitted that Ascap rendered a great service to licensees in making available a vast supply of music without the necessity for being concerned about copyright violations.
The trial will be resumed this morning.
NEW YORK STOCK
vtc.
Con. East. Fox
Am. Seat. . . . Columbia Picts Con. Fm. Ind
Fm. Ind. pfd. . Kodak 1
Fm. "A"
Loew's, Inc
Paramount ctfs. . . .
Pathe Exch
do "A"
RKO
Warner Bros
NEW YORK Gen. Th. Eq. 6s40 . Gen. Th. Eq. 6s40 ctfs. Keith A-0 6s46
Lcew 6s 41ww 1
Paramount 6s47 filed Paramount 6s47 ctfs. Par. 5'/2s50 filed.. Par. 5'/2s50 ctfs. .
Warner's 6s39
NEW YORK Technicolor
High
7% 64
3% H7/s 473/8 ' 151/4
413/4
3% %
9%
2
41/4 BOND 11% 1H/2 80 1/2
04 Va 1 93'/2 92% 941/2 95
65% CURB 22
MARKET
Net
Low Close Chg
75/g 77/8 + 1/4
631/2 631/2 + Va
35/8 35/s + %
14% 147/8 + 1/4
463/4 1473/8 4 3/8
14i/8 i5i/4 + 3/4
411/4 411/2
31/2 3%
1/2 Va
93/4 — 1/2
2
4
MARKET
11 l/4 113/4 + 1/2
Hl/2 11 1/2 — 1/4
8OI/2 8OI/2 — 1/2
04 104 — 1/2
92 93i/2 + n/2
92i/8 925/s + 3/8
94 941/2 + Vl
933/4 95 4. 1
641/2 65 4 Vl MARKET
2H/2 213/4 + 1/g
1/2
9'/2 2
4
Extend Time in RKO-M. E. S. Case
Time within which the arbiters of the RKO-M.E.S. circuit dispute can file their decision has been extended to June 28.
THE STANDARD Reference Book
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Given Fret with a
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Hess is Awarded $10,200 In "Churchman" Libel Suit
A verdict of $10,200 was granted Gabriel L. Hess, general attorney for the Hays organization, yesterday by a jury in the Supreme Court, New York County, in his libel action against The Churchman Co., publishing "The Churchman", and its editor-in-chief and vice-president, Dr. Guy Emery Shipler. Sum of $10,000 was assessed as punitive damages and $200 as actual damages.
There was admitted in evidence a judgment rendered a few weeks ago in favor of Hess in a libel action against P. S. Harrison. "The Churchman," it was stated, had copied the article which had appeared in Harrison's publication.
Louis Nizer of Phillips & Nizer represented the plaintiff while Arthur B. King of King, Buhler & Miller was counsel for the defendants.
Reports on Allied Plans
A report on the Allied Atlanta convention and what is being done to carry out its instructions was presented by President Sidney E. Samuelson to Allied Theaters of New Jersey at a meeting yesterday at the Hotel Lincoln.
First Schulberg at Columbia West Coast Bureau of THE FILM DAILY Hollywood — "Rich Men's Daughters," first B. P. Schulberg production at Columbia, will be directed by Tay Garnett, with George Raft starred.
Threatens Action Against Treasury Night Infringers
Claiming that a number of theaters are using the "Treasury Night" ide on which he holds a copyright, Mitchell Fitzer, Syracuse and Buffalo exhibitor, stated in New York yesterday that he intends to take action against the violators. Some 40 or 50 houses in this state are now conducting the "Treasury Night" stunt, according to Fitzer. It is held one night a week and is somewhat on the order of "Bank Night." Fitzer is leaving New York today to return to his headquarters at the Rivoli, Syracuse.
U. A. Sets 3 Release Dates
United Artists has set its next three releases as follows: "Escape Me Never," June 21; "Sanders of the River," July 4; "Call of the Wild," early August.
W.E. Sound for Industrials
Arrangements have been made whereby industrial companies may use Western Electric equipment for non-theatrical shows at any time or place outside of theaters, it was announced yesterday by Electrical Research Products. The matter was taken up at the recent convention of Erpi road show licensees presided over by E. S. Gregg, manager of the distribution department.
Bob Rosen on Vacation
Bob Rosen, Loew theater manager, now on vacation, will do relief duty at the Valencia on his return to work June 26. After the Valencia he goes to the Orpheum. Rosen recently served temporarily at Loew's Ziegfeld, where he put over a series of Tuesday midnight broadcasts.
Oakie, Ruggles, Boland for Warner
West Coast Bureau of THE FILM DAILY
Hollywood — Jack Oakie, Charles Ruggles and Mary Boland have been signed by Warners to make at least one picture each for the company in the coming year. Claudette Colbert and Boris Karloff also are scheduled to appear in forthcoming Warner films.
Strosberg on Theater Staff
Albany, N. Y. — Benjamin Strosberg, who was secretary for the code boards here, has been engaged by A. Stone, manager of the Eagle theater and president of Allied Theater Owners Ass'n of New York, as assistant manager of the Eagle.
Fox Wins in Arbitration
An arbitration board yesterday awarded Fox $245 in its proceedings against the Mineola theater, Mineola, charging breach of a newsreel contract. Two other cases on the calendar were adjourned until tomorrow.
GUARANTEED MOTION PICTURE
RECORDING
SYNCHRONIZING
MUSIC SCORES EFFECTS
LANGUAGE DUBBING
M. HOFFMAN STUDIOS 130 West 46fh St., New York
Coming and Going
IS
W. A. BACH, president of Audio Productions, is back from England, where he arranged prenrere showing of the "Musical Moods" shorts produced by his company.
MR. and MRS. FRED ASTAIRE are on an eastern jaunt from the coast.
FLORINE McKINNEY leaves Hollywood next month for New York to fill a stage engagement.
C. AUBREY SMITH and MR. and MRS. SAX ROHMER sail from New York today on the Berengaria for the other side.
MITCHELL FITZER, Syracuse and Buffalo exh:b:tnr. plans to return to Syracuse today following a short stay in New York.
JOE BRANDT leaves New York on Saturday fo; tho coast.
WALTER SLEZAK, actor, has arrived in New York, and is stopping at the Hotel St. Moritz.
BILLY WILKERSON is at the Hotel Warwick.
E. V. cinnati,
DINERMAN, ad chief for RKO in Cinis in town for a few days.
HAL ROACH has returned to Hollywood to cut and edit "Lucky Beginners", two-reel comedy made at the Astoria studio with amateur t.ilent selected in a Loew Theaters contest.
CLINTON M. WHITE. GB assistant sales -nan^ger, has left for Pittsburgh to close a fi-st-run de^l.
FRANZ WINTERSTEIN, Viennese playwright and screen writer, has arrived to write two original stories for raul Kohner productions at Universal.
MRS. EDWARD ARNOLD is in New York
from the coast.
MAY ROBSON, who arrived in New York this week for a vacation, returns to Hollywood shortly to appear in Universal's "Three Kids and a Queen".
J. ROBERT RUBIN plans a trip abroad early
next month.
JESSE GOLDBURG for the Coast.
leaves New York today
HARRY RAPF left New York yesterday returning to Hollywood.
JANE LAURELL leaves New York for the Coast early in July.
AUSTIN C. KEOUGH was in Washington yesterday from New York.
HARRY GOETZ arrives from the Coast.
in New
York
today
SID GRAUMAN arrived terday from Hollywood.
in New
York
yes
LEONARD GOLDSTEIN is the Coast.
in New
York
from
JOHN McCORMICK is July 2 from Hollywood.
due in
New
York
LEWIS MILESTONE, Paramount director, arrives in New York today from the coast.
JASPER RAPOPORT, Paramount manager in Cuba, sails tomorrow on the Petan for Havana.
S. E. PIERPOINT, branch manager for Paramount in Cristobal, sails for England with Mrs. Pierpoint and their young son on the Laconia on a leave of absence.
V
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