The Film Daily (1934)

I —JXIfrl DAILV Wednesday, Feb. 7, 1934 VITAPHONE-ERPI SUIT BACK TO ARBITRATION (Continued from Page 1) ters involved in the suit should be submitted to arbitration in New York, and erred in directing the defendant to file an. answer to the bill of complaint. The opinion concludes by declaring that the arbitration proceedings involving the claims in the dispute and which have been in progress in New York for four years have not wholly broken down and failed in their purpose, and that the complainant was not justified in repudiating the obligations entered into bv it and having done so is entitled 'to no relief from the courts of this state. When the litigation was started early last year, ERPI contended that Vitaphone was barred from bringing action in Delaware or any other courts by an arbitration agreement under the laws of New York and that the arbitration covenant entered into was valid, enforceable and irrevocable. Chief Justice Pennewill, held however, that the arbitration covenant does not bar Vitaphone from bringing the action. From this decision ERPI appealed to the Supreme Court. Vitaphone brought the action to collect royalties it alleged was due it under contracts entered into between the two companies in 1927 for the licensing of producers and exhibitors to use sound recording and producing apparatus developed by the two. The differences between the two corporations were under arbitration in New York for four years and about $750,000 was expended, but no agreement was reached. ERPI charged that Vitaphone withdrew from arbitration and then brought the action here. Vitaphone charged ERPI with breach of contract. Chancery Court had restrained ERPI from attempting to resume arbitration of the dispute. 2 New Kaimann Companies St. Louis — Among several new amusement and realty organizations in which Clarence Kaimann, prominent North St. Louis exhibitor, is a large stockholder are Kaimann Bros., Inc., and Hyde Park Amusement Co. No (Etus^de by Moss Paul Most, New York's new Commissioner of License!, has no intentions of launching a drive; against showj as currently given^ in picture anfl legitimate houses, he told members or the Cheese Club yesterday at their weekly luncheon. "The public itself functions as the best and most competent censors," declared Moss, who is the brother of B. S. Moss, former circuit operator. "It will not tolerate offensive shows." A LITTLE from "LOTS >// By RALPH WILK HOLLYWOOD T ILA LEE has just received two assignments, one in "Fox Follies" and the other opposite Jack Holt in Columbia's "Whirlpool." Barbara (Snoony) Blair will make her initial First National appearance in "Sawdust," with Joe E. Brown. * * * Wynne Gibson will have the featured role in |l Gi%jMy Ljrve," Vicki Baum story being;i>roducgd by B. F. Zeidman |or Uni\jj|rsal. M r Hugh Herbert has been assigned to Warner's "A Gentleman from San Francisco." * * * Clara Blandick and Grant Mitchell are additions to M-G-M's "The Showoff." * * * John Peverell Marley, cameraman, and Virginia Ruth McAdoo, plan to marry in a few days. 5-e £ % Edward Everett Horton and Genevieve Tobin.have the featured roles in "Bachelor Wife," which goes in work at Universal next week with Lloyd Corrigan directing. "U" also has borrowed Philip Reed for "Glamour." Irving Pichel, on completing his present assignment in RKO's "The Crime Doctor," moves to First National to enact the featured character role in "The Golden Gate," which William Dieterle will direct. Howard Estabrook, who has just completed the screen play and dialogue for "Green Gold," a Charles Rogers-Paramount production, moved back this week to M-G-M, where he is under contract, to start work on the "David Copperfield" story, which George Cukor will direct. % ^ * Clarence Brown, contrary to reports, has made only four tests of prospective crooners for the lead opposite Joan Crawford in "Pretty Sadie McKee," the cost of said tests totalling approximately $1,000. However, it appears that M-G-M is seeking James Dunn on a loan from the Fox lot for the role. Francis Edwards Faragoh, who is writing the screen play and dialogue for "Alien Corn," which Edward H. Griffith is to direct for RKO, is being sought by Universal to write the screen version for "The Hunchback of Notre Dame," which "U" plans to' make into one of its biggest specials on next year's program. Edward H. Griffith has discovered a neighborhood theater in Los Angeles which features local talent each month in amateur plays written and directed by high school pupils. Two of last week's cast were sought out by Griffith and are to be given tests for minor roles in "Alien Corn." 16mm. Group to Elect in March Election of officers of the Miniature Movies Institute and 16mm. Board of Trade will take place in March. Through the efforts of A. D. V. Storey, a merger of interests in this field was recently effected and luncheon meetings have been resumed on the third Thursday of each month at the Hotel Victoria. M-G-M Buys Star Vehicle West Coast Bureau of THE FILM DAILY Hollywood — "Star Express," original by P. J. Wolfson and Allen Rivkin, has been bought by M-G-M for early production with a number of stars in it. Loew Books "Gow" "Gow," south sea cannibal and head hunter picture released by The Film Exchange, has been booked by the Loew Circuit. It opens Feb. 12. Cagney Film Retitled "Always a Gent" is the new title of James Cagney's latest Warffer release previously known as " Stocks a-nA "R««/lc » f; . and Bonds. "I Was a Spy" for Carnegie "I Was a Spy," Gaumont-British picture recently shown at theJRoxy\ opens at the Little CarnegieCftodary for a run. New Contract for Durante West Coast Bureau of THE FILM DAILY Hollywood — Jimmy Durante has signed a new M-G-M contract. He is now appearing in "Hollywood Party." The company also has signed a new contract with Elizabeth Allan, English actress, who has just finished work in "Mystery of the Dead Police" and "Men in White." RKO Buys "Gay Divorcee" RKO has purchased screen rights to "The Gay Divorcee" play by, Dwight Taylor of the Radio Pictures writing staff. The play is now proving a success in London with Fred Astaire, who will also be starred in the screen production. "Little Women" Big in London London (By Cable)— RKO's "Little Women," which opened at the Regal last Friday, has broken all records to date, according to Sol A. Newman, RKO representative here. Powers' Cartoon at Roxy "The Little Red Hen," a Powers' ComiColor cartoon comedy, has been booked by the Roxy on the bill starting Friday. Charles Somma a Candidate Richmond Va. — Charles A. Somma, theater operator, is a candidate for the common council. AVERAGEFILMFOOTAGE RISES TO 72 MINUTES (Continued from Page 1) lation of 250 late releases. Exclusive of westerns and independent product, the average would be well over 80 minutes. Many of the west eras run under 60 minutes, while independent pictures hover pretty much between 60 and 70. U. S. Supreme Court Upholds Ban on Prizes (Continued from Page 1) he expects it will work out satisfac torily. "It won't prove as bad as many people believe," said the director, who recently completed "Cat and the Fiddle" and "This Side oi Heaven" for M-G-M. The latter picture opens at the Capitol on Friday. Howard foresees a production tendency toward costume pictures, following the success of the new Garbo film and others. He leaves New York within a few days on his return to the Coast, making a brief stop in Ohio to visit his mother. Wm. K. Howard Optimistic On Outlook for Film Code (Continued from Page 1) enclosed prizes for "bait" in candy packages, is seen as likely to have a bearing on giveaways by theaters when and if the issue comes to a test. The prizes were deemed an unfair practice by the Commission. This was previously overruled by the Circuit Court of Appeals. 16 Pictures Under Way At Fox Film Studios West Coast Bureau of THE FILM DAILY Hollywood — Between pictures in work, in the cutting room and in preparation, 16 films are currently under way at the Fox studios. Five are being edited, as follows: "Coming Out Party," "I Believed in You," "David Harum," "Bottoms Up," and a Spanish production, "Masquerade." In final shooting stages are "Fox Follies," "All Men Are Enemies," "3 on a Honeymoon," "Murder in Trinidad" and "George White's Scandals." Those set to start this month include "Odd Thursday," "Gold Rush," "Now I'll Tell," "Manhattan Love Song," "Springtime for Henry" and "The World Moves On." Ethel Bergman Resigns Cleveland — Ethel Epstein Bergman, with the local Fox exchange for 17 years, mostly as office manager, has resigned. Rembusch Suit Put Over The Frank Rembusch conspiracy suit against major companies and the Hays office was yesterday put over in the U. S. District Court, Judge Coxe presiding, until Feb. 13. Move occurred at request of Max D. Steuer, representing the defendants.