Motion Picture Daily (Jan-Mar 1934)

8 MOTION PICTURE DAILY Thursday, January II, 19! Virginia Awaits Open Sunday Bill Testimony Completed on $18,000,000 RKO Claims from page at the Byrd on Sunday. They were exonerated in Police Court. Some changes in censorship regulations designed to facilitate collection of fees by the board are predicted. Governor Pollard has recommended an appropriation of $39,845, a decrease of $2,560. Some talk has been heard about an admission tax bill. Accounting Denied Upon Fox Brooklyn Supreme Court Justice Paul Bonynge in Brooklyn yesterday denied the application of Jennie Wyand for an order compelling the Continental Bank and Trust Co. to account for moneys taken in connection with the management of the Fox Theatre Building. The petitioner is a bondholder under a mortgage of $6,000,000 executed Sept. 1, 1926, on the building which is occupied by the Fox Theatre and offices and stores. A mortgage of $5,650,000 is still on the building. The petitioner claims that the bank has no right to carry on a theatre business She charges that she and other bondholders are entitled to an accounting. Among other things she claims that there is $918,125 in unpaid interest on the mortgage. She alleges that the Fox Theatres Corp. executed a 32year lease in Sept., 1926, amounting to $17,700,000 and quit the theatre Jan. 1, 1932. She claims that no action has been taken to recover this from the Fox organization. Fox Gives Up Prints On "Crooked Circle" Surrender by Fox of all prints, contracts and advertising accessories on "The Crooked Circle," produced by William Sistrom for World Wide release last year, was agreed to in connection with the settlement of an interpretation of Sistrom's contract, Fitelson & Mayers, attorneys for Sistrom, disclosed yesterday. Sistrom will seek new distribution for his comedy-drama, which features Ben Lyon, ZaSu Pitts and James Gleason. Fox Starts Fourth New Unit at Studio Hollywood, Jan. 10. — Fox has started construction on the fourth building on the Movietone City expansion program. The new building is a sound stage and when equipped will represent an investment of morp than $200,000. Construction of the three other buildings started a month ago. Fox Judgment Upheld New Orleans, Jan. 10. — Judgment for $3,372.62 awarded the Fox Film Corp. against John T. Jones of Fort Worth, Tex., by the U. S. District Court for the northern district of Texas has been upheld here by the Circuit Court of Appeals. This was for an alleged balance due on a contract. Pushing Lew Ayres Film Hollywood, Jan. 10. — Fox is hurrying preparations on "Fledgling's Romance" as a Lew Ayres vehicle. She's Off Midgets Hollywood, Jan. 10. — It happened in "The Meanest Gal in Town." Zasu Pitts, finding the show to which she has received a pass, closed, asks the cashier what show to see. Says the money -taker: "Why not see 'Little Women.' " Answers Miss Pitts: "I never did like midgets." Cleveland Party Feb. 12 Cleveland, Jan. 10. — The annual film party, proceeds of which are used for relief of members of the industry, will be held Feb. 12. The place is to be announced later. The party is given under the auspices of the Cleveland Film Board of Trade. Arrangements are being made by a committee consisting of I. J. Schmertz, Fox ; Holbrook Bissell, Columbia, and John Himmelein, Paramount. Drew Again Heads Board Cleveland, Jan. 10. — Frank Drew. M-G-M branch manager has been elected president of the Film Board of Trade for the ninth consecutive term. Also re-elected were I, J. Schmertz. Fox branch manager, vicepresident, and Holbrook C. Bissell, Columbia branch manager, treasurer Mrs. Georgia Mofifett is secretary. (Continued from page 1) rent on the two Radio City theatres and office space in the RKO building, and on breach of an agreement to pay the cost of the two theatres in the event of rent default. A report on the claims will be made later by the special master to the U. S. District Court here. Taking of testimony on other contested claims against RKO, which aggregate approximately $20,000,000, is now under way. Pick Appraisers on Radio City Leases U. S. District Judge Bondy yesterday appointed Edward J. Crawford, vice-president of Charles F. Noyes, Inc., and Robert Huntley, in charge of appraisals for Joseph P. Day, Inc., to make appraisals of the leases held by RKO on the Music Hall and RKO Center theatres. Rockefeller Center, Inc., is seeking court approval of a claim of $10,000,000 against RKO for alleged breach of lease on the two theatres and also a claim of $5,000,000 for alleged breach of lease on the RKO Building. Judge Thomas D. Thacher has been named special master to hear testimony on the claims, but no hearings have been held as yet. Appraisers retained by Rockefeller Center, Inc., are Russell V. Cruikshank, real estate man. and Louis B. Altruter of Morris S. Ely & Co. Jack Miller Cited For Court Contempt (.Continued from page 1) a contempt citation against Jack Miller by Special Assistant Attornej General Leslie Salter before Federa Judge Barnes. Miller is charged with "contumt , cious conduct" while appearing as ; witness. On motion of Miller's attorney, Elwood Godman, the Gran' Jury's evidence supporting Saltern charge was impounded by the cour with a hearing set for Jan. 16. Miller is reoorted to have mad< ambiguous statements to the Gram Jury regarding payment reported a: $85,000 to an alleged go-between foi Maloy. The payments, it is allege! were in connection with the elimina tion from theatres of fader men oi sound equipment. The government i:; attempting to prove that this monei went to Maloy, but was not reportc in his income statement. Miller is rei ported to have testified that he couk not remember the name of the persot receiving the payment. Ontario Expects No New Government Taz (Continued from page 1) crease in the amusement tax is con templated. The government closed the yea with a surplus of $476,000, and thi fact, together with the elections sched uled for June, makes it look as thoug' Parliament will deal leniently with th industry, as public support is needec It is expected that legislation wil provide concessions in regulation governing operators so that only on will be required. N. O. Opening Saturday New Orleans. Jan. 10. — Saturda openings are back again, Loew's Stat being the latest to join the parade. Th State, Saenger, St. Charles, Globe am Tudor are opening Saturdays. Th Orpheum still retains Thursday. Zukor Off for Coast Adolph Zukor left on his seasona trip to the coast yesterday. While i Hollywood he will discuss Paramoun spring production schedule wit Emanuel Cohen. He will be awa; two weeks. MOTION PICTURE ALMANAC 1934-35 /VOW /A/ P/tfPA/lA r/o/v MOTION PICTURE DAILY* HOLLYWOOD PREVIEW (Continued from page 7) ing money from Mowbray. Barrymore comes to the rescue by winning a bet from Mowbray in a phoney race track bet. With his daughter promising she will quit the show business and settle down with her lover, Barrymore sails for parts unknown to elude the police, who are after him for other phoney horse-racing bets in Australia. "Search for Beauty" (Paramount) Hollywood, Jan. 10. — Good entertaining program show, with real exploitation values based on the beauty ballyhoo to youth, and it should give a good account of itself box-officewise. Uncovering the gyp behind the health and exercise magazines which really retail merchandise, three racketeers, Timmie Gleason, Robert Armstrong and Gertrude Michaels, inveigle two Olympic champions, Buster Crabbe and Ida Lupino, to become their flash front as editors of a periodical. Due to the lurid policy of the publication, the Olympic athletes resign, receiving a health farm in the deal where they plan to house the winners of an international beauty contest. The racketeers, seeing the health farm succeed, plot to get it back, with the usual results. The story is heavily coated with humor and laughter. The international athletic number, with music by the American and British beauties, combines physical revelation with marching and calisthenics and has a stirring quality. Buster Crabbe is attractive in the lead. Miss Lupino, from England, with a stage heritage of four generations, has a distinct charm and beauty. Gleason, Armstrong and Michaels as menaces add the gayety. Direction and dialogue are nicely handled. It is possible that "Search for Beauty" may deliver the dollar line better than a program film, if elbow grease is placed on the exploitation curves.