The Film Daily (1939)

* GOV'T TO ASK NOV. 1 EQUITY SUIT TRIAL (Continued from Page 1) to the hearing and determination of the case." Williams argued that the suit was entitled to preferential treatment under calendar rules as being meritorious and exceptional, since, he said, "The motion picture industry has become one of great importance, not only because of the large amounts of capital invested therein, and of the large number of individuals who are now engaged in the industry, but also because of the tremendous influence that is exerted by motion pictures over the social, cultural and educational advancement of the people. It is respectfully submitted that this action, brought for the purpose of preventing alleged violations of the Sherman Anti-Trust Act, is one of general public interest. Furthermore, it is desirable, not only to the public but to the industry as well that the alleged violations be judicially passed upon and the issues determined at the earliest practicable date." In reference to Section 4 of the Sherman Anti-Trust Act, Williams contended in his affidavit that the language of the Section showed that Congress specifically desired that trial of ajiti-trust suit "should be expedited in every practicable way." He pointed out that the suit is already at issue and on the calendar. Application was signed by John T. Cahill as U. S, Attorney; Thurman Arnold, as Assistant Attorney General, and David L. Podell and Paul Williams as Special Assistants. No Statement "At This Time" From Hays on L.A. Jury Probe West Coast Bureau of THE FILM DAILY Hollywood— Will H. Hays, MPPDA prexy, stated Friday night that he had no comment to make at this time on Attorney General Frank Murphy's statement that a Federal Grand Jury investigation of alleged trust violations would be launched in Los Angeles. Howard E. Robertson, chairman of United Studio Technicians Guild, claiming to represent several thousand studio workers, wired Murphy declaring that certain Hollywood unions were now threatening illegal strikes to force producers into violations of the Wagner Act and depriving men of their collective bargaining rights. D of J Said to be Preparing to Press Suit Against Ascap Washington Bureau of THE FILM DAILY Washington — Department of Justice through its anti-trust division has reopened its study of Ascap with a view to pressing the Government's prosecution of the Society as an unlawful, price-fixing combine, it was learned Saturday. With Robert M. Cooper, special assistant to 1WK DAILY Monday, July 24, 1939 Hotv Come? Chicago — Local exhibs. are asking how come that the Brookfield Zoo can dispose of surplus small animals by Sunday afternoon drawings while Bank Night and giveaways are banned. Industry Execs, to Speak at Eckhardt Testimonial Chicago — Advance reservations indicate that in excess of 500 of the film fraternity will attend tonight's Silver Jubilee testimonial dinner to Clyde W. Eckhardt, 20th-Fox branch manager. In addition, it is expected that state and city government representatives will be in the Casino of the Congress Hotel when the gavel falls. Felix Mendelssohn will be toastmaster, and speakers listed include Herman Wobber, W. C. Gehring, Jack Kirsch, Jack Osserman, E. T. Gommersall, James Coston, John Balaban, Jack Miller, Henry Herbel, W. E. Banford, Walter Branson, Allen Usher, Lew Lehr, Truman Talley, E. H. McFarland and Clyde Eckhardt. Co-chairmen of the affair are Balaban, Kirsch and Osserman with E. E. Alger and Fred Anderson cochairmen for the downstate delegation. A suitable gift will be presented to Eckhardt. W. Pa. MPTO to Convene In Pittsburgh Oct. 23 Pittsburgh— The MPTO of Western Pennsylvania will hold its annual convention Oct. 23-24. Both Col. H. A. Cole, prexy, and Abram F. Myers, board chairman, of National Allied are expected to attend. The unit will hold its annual corn roast and outing at Dr. C. E. Herman's farm in Carnegie, Pa., on Sunday, Aug. 6. Sign Boy for Westerns West Coast Bureau of THE FILM DAILY Hollywood — Thirteen-year-old Bobby Clark has been signed by Producers Pictures Corp. for a series of eight western melodramas. First feature is expected to go into production on Aug. 14. the Attorney General, in charge, the study has been in progress for some weeks under three or four assistants, reviving prospect that the suit now pending in the Federal Court for the Southern district of New York will go to trial in the near future. It is understood that the dissenting opinion of Supreme Court Justice Hugo Black in the Florida Ascap case, in which he denounced Ascap as a violation of the Federal anti-trust statues, spurred the D of J's interest in the dormant suit against Ascap. Senator Burton K. Wheeler of Montana is said to have become interested in Ascap affairs through Ed Craney, KGIR operator, who is deeply involved in the Montana difficulties of Ascap. FBI INVESTIGATING FOX THEATERS CORP. (Continued from Page 1) Stenreich, trustees of Fox Theaters, from liquidating assets of the company, or, in the alternative, to remove them as trustees. Jerome Doyle, Assistant Attorney General, stated to Judge Knox that FBI has a large number of investigators working on the case. Judge Knox denied the application to remove Weisman and Stenreich on the ground that time to make the move had expired, but stated that if investigation disclosed anything wrong, he would reopen the question. He reserved decision on the allocation of funds for the expenses of a referee before whom charges against Weisman, in his capacity of former receiver, would be aired. Several attorneys for creditors of Fox Theaters opposed the use of the estate's funds on the ground that it would unreasonably diminish the size of the estate. Reserves Decision in Court's Jurisdiction in AFA-4A Clash The question of jurisdiction over the dispute between the AFA and the AAAA was fought out on Friday before New York Supreme Court Justice Edward McGoldrick, who reserved decision. Justus Sheffield, attorney for the AAAA, contended that there was a bona fide labor dispute between the two unions and the court was barred under New York law from issuing an injunction restraining solicitation of membership in the American Guild of Variety Artists on the alleged attempt to induce the breaching of employers' contracts with the AFA. Letters were submitted as part of the papers in which William Green, AFL president, had notified the disputing parties that a meeting of the executive counsel of the AFL would be held Aug. 7 to take up the question of the revocation of the AFA charter and also of a number of charges made against the AAAA by the AFA. Justice McGoldrick stated he must first decide whether he has the power to issue an injunction before taking up the question of the merits of the case. Plaintiffs were directed to file a brief on Saturday. 9 Completed, 7 Shooting at Warners for 1939-40 Burbank — With over a month to go before the 1939-40 season officially starts, Warners is currently far ahead of production schedule with nine new season features completed, seven before the cameras, and nine in preparation for early shooting. Never before in studio's history, has it been so far in advance of production. THE WEEK IN REVIEW Senate Okays Neely Bill (Continued from Page 1) ing pact for okay by end of this month. ( l * * * OTHER HIGHSPOTS: Government legalists on Wednesday discovered to their amazement that the equity suit against the majors had been on the Court calendar since last March as result of answer filed by Adolph Ramish, former Universal board member. Disclosure spurred Government to seek preference for case since latter is 187 from top of calendar. .. In the equity action, Columbia was denied on Thursday a more specific bill of particulars .... In the D of J antitrust action against the Griffith companies and eight major distribs, defense counsel filed motion in Federal Court, Oklahoma City, for more specific bill of particulars. . . .At mid-week, ITOA officials, headed by President Harry Brandt, discussed industry problems with Commerce Dept. solons, and other huddles are in offing .... From Harrisburg came word that Pennsylvania won't appeal from chain theater tax decision ... Loew's checked in with statement of $8,173,000 net earnings for 40 weeks ended June 8, last, and . Disbursements of $895,556 were reported by accountants as having been spent by industry to plug Motion Pictures' Greatest Year. jtel FOREIGN 20th-FOX VICTOR : London cable flashed word on Wednesday of dismissal by Privy Council of appeal of Francis Day & Hunter, Ltd., in an action against 20th-Fox arising out of the use of title, "The Man Who Broke The Bank At Monte Carlo." Action, in effect, sustains the U. S major on all important points raised in the case. Decision is considered of great import to U. S. pix industry on selection of titles for productions. Case involved question of use of titles in Canada and was brought by plaintiff charging infringement of song of same title, plus unfair competition in Canada. * * * SWISS QUOTA SURE: Almost momentarily, announcement is ex-] pected of Swiss Government's enactment of a new quota law, Berne cable asserted, — adding that U. S. distrib. representatives had returned to Paris after making strong representations that the laws on pix imports remain in status quo. Appeal Censors' Ban French Cinema Center, Inc., has filed with the N. Y. State Board of Regents its appeal from the decision of the local Board of Censors which on July 15 announced the banning of the company's French-made feature, "Harvest." re Di