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londay.Jan. 18,1937
<5AY N. Y. SALES TAX IS UNCONSTITUTIONAL
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thereof, or upon gross receipts derived from a business wholly inter3 <tate in character," it is declared, [nasmuch as prints "never come to ■■est" within the state of New York, :his assessment is unlawful, accordrig; to the brief.
Other points emphasized are: subicensing of rights to exhibit a copyrighted photoplay by a distributor to in exhibitor is not a sale of a tangi5J ole personal property, the sale of .""'the positive print by the laboratory ...to the producer, nor the temporary rt ibailment thereof to the exhibitor, is the taxable transaction, amendv-ment to Local Law No. 20, brought '■>;__ about by Local Law. No. 24, must be J7 construed to extend the tax only to -ale of tangible property disguised i as leases or licenses, the exaction ^'levied by the tax is in reality an arbitrary exappropriation of private ;' property for devotion in large part ' at least to non-public purposes and the expenditures of monies directed JSJjby the act is a violation of the New York state constitution.
United Artists asks a refund of
n.T $21,188.92, plus interest from Feb.
5, 1936, and that the assessment of
the additional sales tax be vacated.
Frederick H. Wood will argue in
155 behalf of the distributor in the Court
of Appeals on Jan. 25.
National Screen Moves
Detroit — National Screen Service has moved offices maintained by its representative, Harris A. Silverberg, from the Film Exchange Building to the new distributing building occupied solely by National, this week. Building was formerly the Paramount Exchange. Space vacated by National in the Film Exchange has been taken over by Nat Schnitzer ' for Metro Premium Company. Max Heine, representative for Bank Night, will also share the office space.
Flu Closes Neb. Houses
Ainsworth, Neb. — By order of the town council, Mr. and Mrs. Roy Syfert have darkened the New Ainsworth and R. R. Bailey the Royal until the flu epidemic subsides.
NEWS
AS SEEN BY
THE PRESS
AGENT
Una Merkel has started a collection of miniature perfume bottles. — M-G-M.
• • • INTERESTED IN acquiring the screen rights to the gargantuan Max Reinhardt production, "The Eternal Road"
Warners got to the point of talking an actual deal
and discovered that five people were each claiming half
of the movie rights Reinhardt, Franz Werfel, the author, Bel Geddes, the scenic designer, the producer and one
other which reminds us of the story of the playwright
on the opening night of his show, when the producer heard him muttering in the lobby: "I hope it's a flop, I hope it's a flop."
amazed, the producer asked him why "If it's
a hit, I'm ruined," moaned the playwright lad. "I've sold 135 per cent of my play to two other guys."
T ▼ T
• • • THAT ANNUAL riot of Harry Brandt's I. T. 0. A.
crowd took place at the Waldorf-Astoria Saturday nite
as industry celebs and execs joined in the jamboree
which went on and on toward the yawning dawning ... • Picture and stage folk found grand entertainment at a party given by Arthur Wiessenberger for Pamela Murray, representative
of the "Tatler" and other Lunnon publications Bernie
Sobel guided the festivities folks dropping in included
Sir Cedric Hardwicke, Tullio Carminati, Natalie Shaefer, Mrs. Oliver H. P. Garrett
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• • • JUST DISCOVERED that there is a rubber bumper strip around the sides of our new office chair that goes with
the new desk with a new typewriter in our new offices
but the stuff we will be writing under these painfully new conditions will be the same Old Hoosh now to get back to
the rubber bumper on the chair some wit suggested
it was a shock absorber in case we dictated at too close range
to a sexy sec but we have no sexy sec in fact
we have no sec at all so our guess is that the rubber
bumper is to insulate us against shock if some press agent ever
sends us a story that is Entirely Devoid of publicity
just a Darn Good Yarn
▼ T T
• • • WE HAVE torn our hair a score of times when some dame's sugary, affected, cloying, simpering, just plain irritating voice drove us nuts as we sat peacefully in our family circle listening to the radio we have jumped up with
a curse and turned off the dam dial for the evening
so have you, fella, many a time how is it that most
femmes on the air can't talk Naturally? but glory be,
the other day we listened to Helen E. Martin the noted
worker in various national women's organizations and
Mrs. Martin charmed us, soothed us for she has that
Natural radio voice that most femmes lack listen to her
on WBNX 11:45 to 12 a. m. Tuesdays talking
for the American Plays Association she's a Treat
just her Voice
T ▼ T
• • • THE MANY friends of Jack Kyle, a 20-year vet of the film biz, will be sorry to hear that he is seriously ill at the Long Island College Hospital in Brooklyn Kyle was
with the old Pathe company for 16 years the past two
years he has been in the m. p. dep't of the Government at Washington
T T T
• • • HOT ITEM on Jack Benny's radio show
Sunday nite there were two Bucks Buck Jones and Jack
(Buck) Benny the idea was conceived by Walter Greene,
Jones' publicist, who planted it with Young & Rubicam, who
handle the show (so help us, that is the way a pal in
Hollywood sent us the item, and — there it is) A record
bicycling of print was established when "Pigskin Parade" made 250 miles in one day between two New Haven theaters and a
third in New Britain, Conn ten round trips were made,
without a hitch
BINGO BANNED FROM MAILS BY P. 0. DEPT.
(Continued from Page 1)
unmailable and may be seized by postal inspectors.
Exhibitors throughout the country have filed complaints against bingo, the prevalency of the game in the smaller cities and towns seriously cutting into theater patronage.
Orpheum Appraisers Will
Report on January 25
(Continued from Page 1)
to the RKO plan. It is pointed out that under the law creditors are entitled to 100 cents on the dollar of a bankrupt estate before unsecured creditors like Beck and his associates could receive anything. Kresel maintains that there has been "waste and mismanagement of the Orpheum estate by RKO."
RCA Sound Contracted for 6 New Los Angeles Houses
West Coast Bureau of THE FILM DAILY Hollywood — Gore Brothers have signed contracts calling for installation of new RCA deluxe high fidelity sound recording equipment in their two houses. El Rey and Lido, now under construction in Beverly Hills <ind Los Angeles.
Deal puts RCA high fidelity apparatus in all of the six new theaters being constructed in the Los Angeles area. Others are, Elite, Trocadero, Regina and Esquire.
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Aid President's Ball
Milwaukee, Wis. — E. J. Weisfeldt, managing director of the Riverside theater is chairman of the entertainment committee in charge of arrangements for the President's ball in the Auditorium here Jan. 30. L. Roy Pierce, supervisor of Milwaukee houses for Fox, is also a member of this committee.
"Mysteries of Paris" Next
"Mysteries of Paris" will be the next attraction at the Cinema de Paris.
FACTS
ABOUT
FILMS
Australia's investment in the film industry is $150,000,000.