Motion Picture Daily (Oct-Dec 1933)

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The Leading Daily Newspaper of the' Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Failhfur Service to the Industry in All Branches VOL. 34. NO. 85 NEW YORK, TUESDAY, OCTOBER 10, 1933 TEN CENTS Circuit Court Refuses Move In Para. Case Fight on Receivership Brought to End A motion which sought to have Paramount's original equity receivership declared invalid and to have it supplanted by an involuntary petition filed against it early last January by a bondholders' group was dismissed by the U. S. Circuit Court of Appeals here yesterday. Counsel for Paramount argued that an appeal of the motion, which had been denied by Judge William Bondy (Continued on page 4) Linz Seeks Court Relief on Rentals Dallas, Oct. 9. — Clarence E. Linz, receiver for Southern Enterprises, has asked the Federal Court for relief from delinquent rents and for new leases on four first runs in Texas. The houses are : Melba, Dallas ; Kirby and Metropolitan, Houston, and Worth, Fort Worth. When the receivership began in February over $500,000 in back rents was due on these houses, according to Linz. Since February he has paid rents at the rate of 10 per cent of the gross. The leases have from 12 to 18 years to run. He also asks the court to approve rental reductions on 15 houses. Roxy Loses Appeal Over Use of Name Washington, Oct. 9. — Samuel L. (Roxy) Rothafel today lost his attempt to get the U. S. Supreme Court to entertain an appeal from a U. S. Circuit Court of Appeals decision upholding the right of the Old Roxy to continue to use the name. Judge Martin L. Manton handed down a (Continued on page 4) Protests by MPTO Of Maryland Urged Baltimore, Oct. 9. — Members of the M. P. T. O. of Maryland were urged at a meeting today to telegraph to Administrator Hugh S. Johnson protesting against the draft of the exhibition code submitted by Deputy NRA Administrator Sol A. Rosenblatt. Salary -Fixing Believed Shunted Into a Siding Rosenblatt Denies Any Plan Now Exists for Fixing Salaries Washington, Oct. 9. — "If any men who attended the meeting with General Hugh S. Johnson told you there was any discussion about limiting salaries to $2,000 per week, they are liars. I have never heard that discussed by, or with, anybody at any time," stated Deputy NRA Administrator Sol A. Rosenblatt in denying Motion Picture Daily's story of today that Johnson, presumably speaking for President Roosevelt, had informed major producers on Saturday evening that salaries were to be held to that maximum. Asked specifically if Article 10 carried provision for a salary fixing board, the deputy had nothing to say. Pressed for details of the meeting with Johnson, Rosenblatt merely replied that a number of matters were discussed, but refused to say what they were. On that portion of Motion Picture Daily's story of today where it was pointed out that Johnson punctuated remarks to producers by pounding his fists on desks, Rosenblatt said he had never heard the administrator do any such thing. Other newspapermen in Washington, however, have not only heard Johnson has done this many times, but say they have been in his office and actually have seen him do it on various occasions. Insurgents' Analysis May Be Set Back Washington, Oct. 9. — Whether or not insurgent groups will have their promised analysis of the code by Wednesday appeared questionable today, for it has been learned they feel the code situation represents Armageddon for the independents and that the time has come to present their views in writing. The impression prevails among them that they have not been listened to in private conferences. No record of the proceedings in such conferences has been made. They are known to feel their cur (Coiitinued on page 4) Coast Indies Talk Over Stand on Code Hollywood, Oct. 9. — The first of what may be a series of meetings of independent producers here to decide whether or not they will sign the NRA code draft was held at the Roosevelt Hotel today without a decision resulting. The meeting, called by the LM.P. P. A., was presided over by M. H. (Continued on page 4) Strike Talk Stirs Among Coast Actors Hollywood, Oct. 9. — Any effort to limit actors' salaries to $2,000 a week or to control them in any way will be followed by a walkout, it is predicted by members of the new Actors' Guild. As a result of the mass meeting held Sunday membership in the guild now totals 527 of the leading players here and it is predicted it will reach 1,000 within a week. Six more players quit the Academy of M. P. Arts and Sciences today, but so far Academy ofificials refuse to make any statement. (Continued on page 4) Reports Nathanson Seeks Circuit Buy Toronto, Oct. 9. — N. L. Nathanson has left for New York on a mission reported to involve an offer to purchase Famous Players Canadian Corp. from the Paramount Publix trustees. His trip followed conferences here with Major Andrew P. Holt, who is said to represent Gau (Continued on page 4) Doubt Legality-Academy Asks for Hearing On Article 10 By RED KANN They're Happy Washington, Oct. 9. — Nicholas M. Schenck spent an hour and one-half closeted with Administrator Hugh S. Johnson this afternoon. Motion Picture Daily learned late tonight. The results were reported to be extremely satisfactory from the viewpoint of major producers, although what actually transpired did not come to light. Washington, Oct. 9. — Despite the insistence of the Administration that excessive salaries must be checked neither the legal precedents nor the legal machinery are believed in existence to enforce any arbitrary limitation on the earning powers of creative talent. For that reason, it is reported, Article 10 in the producers' code, now the stormy petrel of the entire code deliberations, will (Continued on page 3) Chicago Theatres Start Code Wages Chicago, Oct. 9.— Jack Miller, head of the Chicago Exhibitors' Ass'n, today stated that ■ B. & K., Warners, RKO and Essaness were putting into immediate effect Deputy NRA Administrator Sol A. Rosenblatt's labor code for their employes in the lower brackets. Miller denied that he had actually signed the code, but stated that he had authorized Ed Kuykendall, president of the M.P.T.O.A., to do so if (Continued on page 3) Say Labor Snagged Supply Men's Code Washington, Oct. 9. — Difficulties which the supply dealers' code ran into are largely influenced by labor's contention that clauses covering union men were written casually and provided only for the President's 40 cents per hour minimum for mechanical (Continued on page 3)