The Film Daily (1940)

DAILY Friday, February 2, 1940 SEE KNOCKDOWN FIGHT OVER INTERROGATORIES (Continued from Page 1) tion, is slated to act as trial judge in the suit. The move appeared to be a complete surprise to attorneys for the majors, several of whom stated that thev were nonplussed because of the action taken. It is understood that combined interrogatories have been prepared by the majors with a view toward reaching a compromise with the Government. Neither the Government or attorneys for the defendants would comment further on the Government's action which indicates a knock-down fight before the question is finally straightened out. Points on which the Government asks to be excused from answering the major's queries are as follows: That the interrogatories are immaterial, and irrelevant; that they ask for evidence which has been acquired after filing of the demand; that they are hearsay and seek to classify evidence not within the pleadings; that they call for near expressions of opinion and not facts; and that they require the furnishing of names of probable witnesses. In addition, the Government claims that the interrogatories would limit Government evidence, while in no way materially aiding the defendants in the preparation of their case. Finally the Government claims that the interrogatories would prove to be an unreasonable burden on both the D of J and the Court and, consequently, a violation of the Federal rules of civil procedure. Montiel Faces Charge Mobile, Ala. — Manager of the Saenger theater, indicted on a lottery charge in connection with operation of a theater game, is Ricardo Montiel, not a Ricardo Cortez, as first reported. Best wishes from THE FILM DAILY to the following on their birthdays: FEBRUARY 2 Hyman Silverman Ethel Doherty Burton Lane Frank Zucker Mary Carlisle Pat H. Harman Frank Albertson Benny Rubin FEBRUARY 3 James A. Starr Milton Silver FEBRUARY 4 Nate H. Blumberg Nigel Bruce Albert Margolies Pat Dowling 4LCN6 THE with PHIL M. DALY; T ▼ ▼ • • • OUT of Richmond, Va., comes an editorial from the TimesDispatch anent the fact that Edith Lindeman, that newspaper's film critic was one of the six American motion picture appraisers to pick nine of the "Ten Best" in THE FILM DAILY'S 1939 poll The Times-Dispatch is justifiably proud of its reviewer's prowess at pixpicking and then goes on to assert some points re the constructive functions of film critics Salient among the observations is that pix reviewers "are gentler with the bad pictures than dramatic critics have ever been with bad plays, although perhaps the newspapers' first nighters have always been too rough on the stage". . . .and adds, — "Even today, with the greatest of ease, they do not hesitate to kill off an entire cast with a clever phrase" T T ▼ • • # THEN declares the editorial: "The movie critics let the producers off lightly sometimes, but they do not let their audiences down They have developed a great deal of insight into the cinematic art, and they give their readers the benefit of their technical knowledge Like Miss Lindeman, other motion picture critics have made their regular pilgrimages to Hollywood, to see what really goes into the making of a picture When they go into the theater, their practiced eyes look for the fine points that make the difference between a good picture and a poor one" T ▼ T • • • CONTINUING, the Times-Dispatch asserts: "Poor filming can destroy a masterpiece, even if the cast happens to be of a high order of ability On the other hand, it is rare that we see a picture distinguished by outstanding photography, that doesn't rank high in other respects also The detailed criticism that the motion pictures have gotten from their critics in recent years have helped them to grow The encouraging thing is that the best pictures now being produced are usually getting the largest audiences The critics have helped the appreciative faculties of the audiences so that the producers need no longer be afraid of putting their best into a production" — all of which are pretty astute observations which indeed merit not attention merely but a spot of serious meditation ▼ ▼ ▼ • • • GEORGE Kraska, major domo of the Art Cinema Guild and Fine Arts Theater of Boston blew into town yes'day accompanied by the Missus Heralding George's arrival was a note to this desk saying: "I am coming to New York with Mrs. Kraska to celebrate our 25th wedding anniversary buying films" which, to say the least, is a right business-like way of celebratin' They're at the Hotel Edison. . . • Add to the industry's lists of clever concoctions Jack D. (Ten-O Win Amusement Co.) Marpole's announcement of the birth of his brand new daughter, Jacklyn Alma, in Frisco. . . • Liberman Flag and Valance Co., now located o'er at 71 Fifth Ave fashioned that swell "Grapes of Wrath" banner for the Rivoli run. T T ▼ • • • THANX to Ray Bell of Loew's Washington Theaters for the Jan. 29 Congressional Record-Senate whose Page 1136 contains Senator Barkley's tribute from the floor to Olivia de Havilland on the occasion of her visit to the Senate's family gallery during the recent hegira of pix stars to the nation's capital for President Roosevelt's Birthday festivities It all came about, we understand, via the astuteness of Carter Barron to whom we lift a respectful lid « « « » » %* FRIED PHILLY TRUST SUIT SAID SETTLED (Continued from Page 1) into a prolonged, expensive, litigation. It is believed that when distk ator attorneys got together here recently to discuss the case, certain of them in no uncertain terms, said they preferred a settlement, rather than a costly suit. As a result, Fried, who has the Suburban, Ardmore, gets Paramount and Columbia product, in addition to 20th Century-Fox, which he has. Paramount and Columbia pictures had been played in the Stanley-Warner Ardmore. Both the Ardmore and the Suburban are in opposition and have the same run, seven days after 69th Street, and which is 28 days after first-run Philadelphia. In addition, Fried's Anthony Wayne, at Wayne, on the main line, is getting the same run as his Suburban and the Ardmore. Fried's Seville, Bryn Mawr; in between Ardmore and Wayne, will play seven days after Ardmore and Wayne. These are reported to be the main concessions from the distributors. The results will be two-fold here, it is thought. Exhibitors, who have brought similar actions, think that they, too, may be given concessions in order to prevent further litigation, while on the other hand, exhibitors who have been trying to settle problems through mediation are expected to file their cases in court, hoping settlement may follow. This is but one of a series of settlements in this area. Among the others were the Herb Elliott-Fern Rock case, the William Goldman issue (which never reached court), the Erlen case (which never reached court), the Shapiro case, recently postponed, but which many believe will be settled. Col. Salmon Recovering Santa Fe, N. M. — Col. Nathan Salmon, who has undergone two major operations recently at the Mayo Clinic, is expected to return to Santa Fe in about a month, according to Col. E. John Greer, his son-in-law who has returned from Rochester. Col. Salmon is owner of the theater here. Reunion In IV. Y. Actor Harry Carey should feel right at home during the National Board of Review's 25th Annual Luncheon tomorrow, since he will have the same gavel before him which he used in his role of Vice-President of the U. S. in Columbia's "Mr. Smith Goes to Washington." Carey will take part in the formal awarding of the Board's "Ten Best" prizes at the luncheon, which climaxes the three-day conclave in the Hotel Pennsylvania. The gavel was one of the prizes presented by various pix companies to the Board's junior groups.