The Film Daily (1939)

Monday, July 24, 1939 W*A DAILY : METRO'S GROSS BIZ UP MORE THAN $2,000,000 (Continued from Page 1) able inasmuch as the company in the past enjoyed large revenues from Italy, Germany and other (fjpfcitries whose business is now lost tiS'^'American distributors. Schenck was enthusiastic over "Gone With the Wind" which he saw at the studio in the uncut 22reel version. The David O. Selznick picture, he said, surpassed his expectations. Release about Thanksgiving is contemplated. Another picture from which he expects great popularity is "The Women," also completed and ready for cutting. Public Demands Better Shorts, Says Kuykendall (Continued from Page 1) offered better entertainment and that he was glad M-G-M apparently was leading the way. James Stewart officially crowned the cub. Other members of his "court" included Bert Lahr, Johnny Weissmuller, Frank Buck and Kuykendall. Leo, Jr., also was honored by speeches by Mayor LaGuardia and Grover Whalen. The cub later was flown to Culver City to begin his film career. Okla. Allied Not Beefing About National — Von Gulker Oklahoma City — Emphatic denial of reports current here that members of Allied Theater Owners of Oklahoma are dissatisfied with their Allied States affiliation is made by Orville Von Gulker. "I have canvassed the board of directors," Von Gulker told The Film Daily, "and all are satisfied with the affiliation of Allied States. As far as I can ascertain, there is no dissatisfaction within the ranks." Von Gulker also announced that within the next few days a meeting of his group would be held in Tulsa. FCA Outing Aug. 13 Chicago — Annual outing of the Film Carriers Association will be held Aug. 13 in Mannheim Woods. Hank Porter and Shorty Otto are in charge of the arrangements. Detroit — Alton Buck, of the sales department of Industrial Pictures, was married in Chicago to Eleanor Shepheard of that city. Gallup, N. M. — Marlin Butler, manager of the Chief and Navajo theaters here, was married to Miss Carrie Lambert of Santa Fe, yesterday at Santa Fe. FILM CODE ANALYZED By LOUIS NIZER EDITOR'S NOTE: THE FILM DAILY today presents the twenty-first installment of a comprehensive analysis of the proposed Trade Practice Code (Revision of June 10) by Louis Nizer, member of the law firm of Phillips & Nizer, and authority on the law of screen, stage and radio. Preservation of the daily installments, now devoted to the Rules of Arbitration, is recommended. Installment No. 21 VII. OATHS OF ARBITRATORS Each person appointed an arbitrator or a member of a panel, shall sign the form of oath required by law in his jurisdiction. If no form of oath is provided by law, he shall sign the following form: "I, , having been duly appointed (an arbitrator) (a member of the panel of arbitrators) for the exchange territory, do solemnly swear that I will faithfully and fairly hear and examine the disputes brought before me and will determine each such dispute in accordance with the spirit and intent of the provisions of the Trade Practice Code of the motion picture industry and the Rules of Arbitration annexed thereto, and will make a just award to the best of my understanding." Additional Oaths: Each arbitrator shall sign any additional oaths which may be required by law in connection with the hearing of any dispute. Signing Awards: Each arbitrator shall sign all papers necessary or convenient to make their awards binding. Filing Oaths: Each oath shall be filed in the office of the Permanent Arbitration Board and in such other places as required by law in any jurisdiction. VIII. TERM OF OFFICE OF ARBITRATORS, REMOVALS AND VACANCIES (1) Term of Office: The members of each panel of arbitrators shall serve for six months. (2) Removals: An arbitrator in the panel appointed by distributors and affiliated exhibitors may be removed at any time by a majority of them who are at the time entitled to participate in the appointment of arbitrators to such panel. An arbitrator in a panel appointed by an organized exhibitor group or groups may be removed at any time by the action of them who are at the time entitled to participate in the appointment of arbitrators to such panel. A majority is necessary to remove an aribitrator appointed by distributors and affiliated exhibitors. No reference is made to a majority in the case of an arbitrator removed by exhibitor group or groups. (3) Vacancies: A vacancy in any panel of arbitrators may occur by reason of: (a) Death, (b) Resignation, (c) Removal (d) Disqualification. Filling Vacancy: Such vacancy shall be filled in the same manner as the original appointment was made. The arbitrator appointed shall serve for the balance of the term of his predecessor. (Twenty-second installment will appear in an early issue.) June Admission Taxes Show Decline; B'way Figures Up (Continued from Page 1) nue Bureau reported on Friday. June collections amounted to $1,491,260.37, compared to $1,605,987.70 for May, representing a decrease of $114,727.33. Figure for June, 1938, was $1,624,453.11, which was $133,192.74 more than the July, 1939, figure. On the brighter side, however, it was noted that Broadway area figures show an increase over June, 1938, although declining slightly from the previous month of May. Broadway figures were reported as $457,258.12 for June, 1939, which was $33,086.63 more than the June, 1938, figure of $424,171.49. June collection was $34,754.03 less than the May figure of $492,012.15. Of the June Broadway collections, $393,376.51 was contributed from admissions to theaters, including season tickets. Dismiss Plagiarism Suit Suit of Albert Bein against Warner Bros, for alleged plagiarism of the plaintiff's novel, "Youth in Hell," in the Warner picture, "Mayor of Hell," was dismissed Friday by the U. S. Court of Appeals. Suit had been for an injunction and an accounting. Judell's PDC Will Release Through Franchise Exchanges West Coast Bureau of THE FILM DAILY Hollywood — Producers Distributing Corp. has been formed to handle the distribution of Producers Pictures product, according to an announcement by Ben N. Judell, president, with its product released through franchise exchanges in all parts of the country. "Wanted for Murder" will be the first picture, for release on Sept. 17. Thereafter one feature a week will follow. Harry Rathner will continue to act as Eastern representative for Producers Pictures and in addition will function as Eastern district manager of Producers Distributing Corp. Abe Fischer, formerly with GB and M-G-M, has been appointed general manager of Judell's exchanges in Chicago and the Middle West. FMPC Reorg. Up Thursday Federal Judge William Bondy on Thursday will hear arguments for confirmation of the plan of reorganization of the French Motion Picture Corp. Petition was filed Feb. 19, 1938, listing liabilities of $21,571. Proposed plan includes among its provisions, a 50 per cent cash payment to general creditors of the company. WARNERS' 39-WEEK NET, $2,912,186 (Continued from Page 1) pares with a net operating profit of $3,282,765.03 for the corresponding period of the previous year. Net profit from operations before charges for amortization, depreciation and Federal income taxes for the 39 weeks ended May 27 was $8,137,766.86. Gross income, after eliminating intercompany transactions, for the same period was $78,387,001.12. Comparable income for the 1938 period, adjusted to include two companies not then consolidated, was $79,475,899.43. During the 1939 period there was a net credit of $324,858.24 made directly to earned surplus. The net is equivalent to $28.24 per share on the preferred stock and 70 cents on the common. Equity to Start Drive in Tele Field in Aug. Actors Equity will start its drive to organize players in the television field in late August, after completion of a survey of present rates and hours, it is reported. Scale is expected to be based on length of performance and time needed for rehearsals and will probably be higher than the present rate. Equity announced plans some time ago to organize the tele field, but the AFA-AAAA row delayed action. NBC-RCA is the only active telecaster at present, but CBS starts its programs in September and Du Mont may start soon, pending FCC approval of its application to move its facilities to New York. Kassler With Transatlantic Frank Kassler, foreign film distributor, has become associated with Transatlantic Films, according to an announcement by Eugen Scharin. Kassler's pictures, "Dark Eyes," "The Curtain Rises," and "Flight Into Darkness" will be handled from now on by the Transatlantic organization. The latter's new releases include: "Conflict," "La Maison Du Maltais," "Innocence," and "Drame De Shanghai." Suit Filed Over "Miracle" Suit for $7,500 was filed Friday in Federal Court by Selwyn & Co., Inc., against Bayard Veiller, charging that Veiller had sold the picture rights to "The Miracle" to Loew's, Inc., after the defendant already had sold the play to the plaintiffs. STORKS! New Orleans — Altec technician, "Buck" Buckwalter, is the proud father of a baby girl who has been christened Barbara Ann.