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DAILY
Tuesday, November 29, 1938
EXHIBS. TO FIGHT ORE. BANK NIGHT DECISION
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they deem vital to their existence, involves no consideration in the participation of drawing's inasmuch as certificates are passed out in front of the theater immediately before the drawings.
In his 16-page decision Judge Tucker summarized:
"All the authorities hold where coupons are given in connection with admission tickets, the consideration is included in the price of admission and that if the drawing is held exclusively with respect to those paying admissions there can be no question but what all the elements are present and that the plan is a lottery.
"The courts are somewhat in conflict with respect to the consideration when the coupons are distributed indiscriminately, but the maiority of the decisions of courts of last resort in the various states have held that people who come to the theater and wait on the outside have contributed a consideration in the inconvenience and trouble in coming to the theater and waiting until the award is made, in a large measure aid in the general advertising scheme, which is the purpose of the bank night.
"In addition to this, a great many neople going to the theater without the idea of paying for an admission later change their minds and enter the theater, thereby increasing the box-office receipts.
"The bank night has been considered by many courts, and the originators of the plan and scheme have been denied the facilities of the post office department, and the U. S. Courts have declared that the bank night plan is not subject to copyright and the name cannot be registered as a trade-mark.
"A preponderance of credible authority is found in the decisions of state and federal courts, which have determined that there is present a valuable consideration in the bank night plan, and therefore all the elements going to make up a lottery are disclosed, namely, prize chance and consideration."
J. Wilson Roy, 70, Former
Critic, Dies In Albany
Albany — J. Wilson Roy, 70, father of Andy Roy, manager of The Strand, and onetime dramatic critic for The Billboard, died Nov. 25 and was buried Saturday in Albany Rural Cemetery.
Roy was born in Glasgow, moving to London in his youth to handle advertising for Sir Thorn? s Lipton Credited with having introduced Harry Lauder to the manager of London Music Hall, Roy after emigrating to this country, went into the newspaper business in Cincinnati.
Surviving are his widow, a daughter, Miss Dorothy Roy, and a second son, John W.
Netvs Flashes Off Coast Wires
West Coast Bureau of THE FILM DAILY Hollywood — Local office of Motion Pictures' Greatest Year, Inc., directed by Gabe Yorke, closes Saturday, its job accomplished ... Pat O'Brien and James Cagney have accepted the captaincies of the Western and Eastern divisions for Warners' Sears Drive. . . Lew Ayres, (Catherine Alexander and William Gargan join the cast of Metro's "Broadway Serenade" . . . And Eddie Quillan is the latest addition to RKO's "The Flying Irishman" lineup . . . Monogram has signed Marjorie Reynolds and Milburn Stone for "Tailspin Tommy" series . . . Ann Sheridan will be the dance hall queen in Warners' "Dodge City" . . . Shirley Deane will do a series of fashion articles for a national women's magazine. — WILK.
Art Raffle For Refugees To Be Held Here Feb.
12
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tee, it was decided to contribute collections to the fund being raised by leading executives of major companies in an industry-wide drive.
Between 50 and 100 oil paintings will be raffled, it was announced by Vincent Trotta, chairman of the art committee. Hal Danson, head of the ticket committee, said the tickets would be sold for 25 cents. Max Kalish, well known sculptor, has been appointed honorary chairman of the art committee.
The group is to meet again on Friday. A nominating committee consisting of Gordon White, Al Margolies, Alec Moss, and Morris Helprin has been delegated to prepare a list of names from which a permanent chairman will be elected.
Other committee chairmen include Carl Grueger, ticket distribution; Leonard Gaynor, newspaper publicity; Herb Berg, trade publicity; Paula Fraser, permanent secretary. One representative from each company will be named to assist on •?ach committee.
All Directors Re-elected by United Artists Theaters
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ers' meeting held in Baltimore.
The directorate includes Harry D. Buckley, A. H. Frisch, Joseph H. Moskowitz, Bertram S. Nayfack, Dmnis F. O'Brien, Willard V. King1, William P. Philips, Joseph M. Schenck and Lee Shubert.
Re-election of Schenck as president and renaming of all other present officers is forecast at the com'ng board meeting.
Ascap Wins Three Actions Against Boston Theaters
Boston — Ascap won three separate but correlated actions here on the week-end when Judge Ford found for the plaintiffs, Gene Buck and the Society, against Newsreel, Tnc, operators of a trio of local film houses.
Defendants entered the contention that Ascap is a monopoly and as such violates the Sherman AntiTrust laws. Judge Ford's opinion upheld Ascap on the ground that the statutes, should changes be required in them, would have to be rectified by future legislation.
Louis D. Frohlich, of the New York law firm of Schwartz & Frohlich, successfully represented the plaintiffs.
Chicago Anti-Trust Case Continued Until Thursday
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anti-trust clearance case, at the hearing on preliminary motions.
Counsel for the defendant companies have petitioned for further time to file their answers, Jan. 12 being the date named. They also are asking for a bill of particulars, and Federal Judge Charles Woodward took the request under advisement until Thursday.
The Government seeks to impound all the documents in the case. Application was presented by Warren Canady, assistant U. S. district attorney, and Robert Wright and Seymour Simon of the U. S. attorney general's office.
Chicago — Frederick G. Campbell, head of the Catholic Youth Organization, has been appointed U. S. district attorney, succeeding Michael L. Igoe, who has been appointed a Federal judge for this district. Attorney General Otto Kerner of Illinois was named a member of the U. S. District court of Appeals at the same time. Campbell will direct the government's case against Balaban & Katz and the majors.
Columbia Pictures Reports Quarterly Loss of $233,612
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companies for the three months ended Aug. 27, 1938, converted at prevailing rates of exchange, except depreciation of fixed assets, which is at dollar cost.
This compares with a net profit of $147,311.26 for the correspondingperiod ended Sept. 25, 1937.
New report shows $4,469,770.33 derived from gross rentals and sales of film and accessories, while the figure for the corresponding period a year ago was $4,510,345.86.
Working capital amounted to $10,740,000, of which approximately $2,300,000 was in cash, Columbia's home office asserts for the 13 weeks -nded Sept. 24 last.
WARNS OF UNSOLVED TELEVISION PROBLEMS
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from city to city. Hence television networks are not yet practical. While it is true that television! transmitters can be piped by jrery special wire circuits and by (*-'-'fy& of special radio transmitters, nweher of these methods is in existen/C1t$oday nor do they appear economically possible in the near future."
"The second technical problem is the limitation of range or distance. A fairly high power television transmitter is now limited to a radius of not more than 40 or 50 miles. This immediately indicates that a great many transmitters will be required to provide a national service. . . . Extension of service to remote suburban rural areas will necessari ly be slow."
Dr. Baker emphasized that there are still other difficulties facing commercial television. He asserts:
"Probably the primary problem is that of educating the public as to'; what they may expect of television at this stage," adding "Too many people believe that television will immediately bring them the events of the world as they take place in a picture three by four feet."
Freeman Leaves to Assume New Paramount Studio Post
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of Paramount's theater operations will remain unfilled for the time being, with Prexy Barney Balaban directing theater activities temporarily.
Robert Gillham, advertising and publicity director, plans to leave today or tomorrow for Hollywood. He plans to return in about two weeks. Gillham yesterday was walking with crutches, due to a sprained ankle sustained while playing badminton over the week-end.
B & K Using Premiums
In Six Chicago Houses
Chicago — Balaban & Katz is extending the use of premiums, in outlying theaters. Among the houses using premiums this week, were the Congress, Will Rogers, Senate, Manor, State and Gateway in Chicago and the Coronet theater in Evanston.
Film Execs. Among Those At Banquet for H. M. Richey
Detroit — Friends of H. M. Richey, director of exhibitor relations for RKO Radio Pictures, turned out in force for the farewell banquet given for him last night at the BookCadillac Hotel by his former associates in Detroit where for many years he was active in exhibitor association activities.
Among film executives and theatermen present were Ned E. Depinet, vice-president of RKO, and Jules Levy, general sales manager for that company; W. A. ("Al") Steffes, chief barker of the Minneapolis Variety Club; George W. Trendle, president of United Detroit Theaters; David M. Idzal, manager of the Fox Theater; William A. Carlson, chief barker, and David Newman, secretary, of the Detroit Variety club.