The Film Daily (1936)

DAILY Thursday, Mar. 26, 1936 ASSAILS LEGALITY OF BLOCK-BOOKING BILLS {Continued from Page 1) close the hearing on the Pettengill anti-block booking measure. Contending that the bills are contrary to the Fifth Amendment, Pettijohn replied to the memorandum recently submitted by Dept. of Justice, Dept. of Commerce, Federal Trade Commission and Prof. Noel T. Dowling of Columbia University. He cited various court opinions to support his case, among them being a section of the Clayton act giving dealers the right to sell wholesale and select their own customers. "The motion picture business is not a public utility and cannot be legislated under the control or regulation of any Federal agency and subjected to governmental price fixing," declared Pettijohn. "I have consistently contended that the Sherman Law, the Clayton Act and the Federal Trade Commission are adequate and ample and are being administered in such an able and efficient manner as to fully protect the public and the trade from any abuses which may arise, and therefore additional anti-trust legislation would be superfluous to say the least," said the Hays counsel in his brief. Opposition witnesses testifyi'""* included Judge Roy L. Walker, Lampasas, Texas. Jack Miller, Chicago, Morton G. Thalhimer, Virginia, and Dr. Ernest W. Lewis, Evander Childs High School, New York, President Department Secondary Education, National Education Assocation. At start of session the committee struck from the record all of Schaefer's statements yesterday relating to Nathan Yamins, immoral vaudeville act, etc. Chairman Pettengill announced the committee would hear no further personal attacks from either side. Myers was permitted to furnish members copies of a telegram Yamins sent from Miami Beach asserting "I had as much to do with booking 'Sunkist Review' as Schaefer." Yamins said vaudeville acts ran in his theater during his absence and since then all vaudeville has been discontinued at his orders. I The telephone probe was injected into the hearing when Pettijohn i answering Pettengill's questions, explained neither Western Electric or RCA had any tie-up film contracts. "We have to pay the same as others," he stated. Judge Walker said the small town exhibitor is opposed to the bill. Asserting that the Pettengill bill would put independents in cities of 50,000 or over out of business, Thalhimer stated such legislation would force independents from first-runs I to seconds. The Virginia leader added "under present system exhibitor j who has stuck to producer finds I producer sticking with him." A brief against the bill was submitted by George P. Aarons, Eastern Pennsylvania, Southern New Jersey and Delaware Association. A "JUttU" horn "Ms" HOLLYWOOD T> UFUS LeMAIRE was yesterday engaged as executive assistant to Charles R. Rogers and William Koenig, executive vice-president and general studio manager, respectively, of Universal. T T ▼ M-G-M announces a new contract with S. N. Behrman, author of "End of Summer." "Libeled Lady,"* by Wallace Sullivan, has been purchased by M-G-M. ▼ T T Tom Ricketts and June Brewster are the latest additions to the cast of "The Case Against Mrs. Ames." the Walter Wanger production starring Madeleine Carroll. T T T "Love Begins at Twenty" will go into production next week under the direction of Frank McDonald. The two leading roles will be played by Warren Hull and Patricia Ellis. ▼ T T Claire Dodd has the leading feminine role in "The Case of the Velvet Claws," the latest Perry Mason mystery thriller by Erie Stanley Gard ner which is being filmed at the Warner Bros, studios on the coast. * * * Paramount has exercised its option on Eve Greene, writer, for another term. She is now working with Harlan Ware on the screen play of "The Duchess," based upon an or V T T Edward G. Robinson, upon the completion of "Bullets or Ballots," in which he is now appearing at the Warner Bros. West Coast studios, will go to England on leave of absence to make one picture for Alexander Korda. T V T "No Hero," is announced as a new Clark Gable vehicle by M-G-M. Jack Conway will be the director, and Lawrence Weingarten will produce. ▼ ▼ ▼ M-G-M announces purchase of "Sari," Broadway operatic success of 20 years ago. T ▼ T iginal story by William R. Lipman and William S. Wright. Lew Gensler will produce with George Raft scheduled to play the male lead. Probe A. T. & T. Film Financing Activities (Continued from Page 1) countant, who was a witness. Hecht-MacArthur, Inc. was stated to have received more than $500,D00 towards financing of three pictures which Paramount distributed. Loans aggregating $805,500 was made to Pictures Alliance Corp. for production of 12 features, nine Westerns, and 39 shorts, according to the testimony. Arnold Picture Corp. received $248,894, it was testified, while a $100,000 loan was made to finance "Take a Chance." Meisells also said that Electrical Research Products made a $15,000,000 loan to Fox Theaters Corp. in 1929, borrowing the money from Western Electric, of which it is a subsidiary. On the same day, he testified, A. T. & T. advanced $12,000,000 to Western Electric. Meisells also listed a $5,000,000 Erpi loan to General Theaters Equipment. Samuel Becker, counsel, charged that the telephone company first sold talkies equipment to the film firms and later took over studios when firms could not pay bills. As Becker charged that A. T. & T. with manufacturing a host of things not needed in telephone or telegraph business, G. F. Hurd, special telephone counsel, said that "trouble was their scientists were always inventing things; many of which were directly applicable to motion picture industry." He further stated that talking pictures came from labor over trying to find system for testing telephone lines. As Becker charged "all this movie Warner Music Companies Offer New Radio Contract Through Music Publishers Holding Corp., music companies controlled by Warner Bros, yesterday submitted a new five-year contract to radio stations covering their music. Like the temporary contract which has been in effect since last Jan. 1, between the Warner firms and approximately 250 radio stations, the new agreement has a monthly fee basis. The contract becomes effective April 1. Duals Opening at Palace "Road Gang" and "Love On a Bet" open tomorrow for a week's run at the RKO Palace. business has no place in telephone business," the telephone witness claimed "one could not stop inventions if one wished." If it had there would have been no telephone business in the first place, he asserted. Erpi activities particularly were thoroughly gone into as Becker offered to trace chronologic activities of Electrical Research Products, Inc. While Becker in afternoon session lessened the charges of his attack to some extent he still maintained telephone company "has assisted in the production of many talking motion pictures, most of them in cooperation with Chase National Bank of New York." Company officials claimed Erpi had been formed to develop use of sound equipment perfected by Western Electric Co., an A. T. & T. affiliate. FLOOD AREA OFFICES STAGING COMEBACK (.Continued from Page 1) England zones, several weeks will elapse before all houses damaged by the floods will again be running. Houses Dark to Save Power Pittsburgh — A number of theaters have been ordered to remain closed until tomorrow in response to pleas for the conservation of power made by the Duquesne Light Company. Houses that have been operating this week did a rushing business, with) receipts boosted largely Iby children who could not go to school. Warner houses were ordered reopened last Tuesday by Harry Kalmine, district manager. Houses Reopening Easter Hartford — Flood conditions make it impossible to operate the Warner's in Springfield or the Capitol in Norwich before Easter Sunday, according to reports from the Warner offices. Benefit shows are planned here for Sunday afternoon by all houses, with proceeds for flood victims. Paul McCullough Dies Medford — Paul McCullough, "straight" member of Clark and Cullough, comedy team, died yesterday at Lawrence Memorial Hospital of razor wounds inflicted in a reported suicide attempt on Monday. He was 52. "U" Board Meets April 2 The Universal board of directors will meet on April 2, when the deal under which the Standard CapitalRogers group acquires the company will be completed. Signed for Vitaphone Short June and Cherry Preisser, dancers in the current "Follies," have been signed to appear with Regis Toomey in a Vitaphone musical short to be made by Sam Sax at the company's Brooklyn studios. Mountan Quits Hirliman Dave Mountan has resigned as New York representative of George A. Hirliman Enterprises. He states he will have an announcement on May 1. Republic Openings in April Republic's "Laughing Irish Eyes" and "The House of a Thousand Candles" will have their New York premieres early in April at the Roxy and Center, respectively. "Unguarded Hour" Opens April 3 "The Unguarded Hour" is scheduled to open for a week at the Capitol on April 3, following the second week of "Petticoat Fever."