Motion Picture Daily (Jan-Mar 1934)

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The Leading Daily Newspaper Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent writ* the Industry in All Branches l)L. 35. NO. 14 NEW YORK, WEDNESDAY, JANUARY 17, 1934 TEN CENTS lew Missouri Tax Hits All Film Service dvertising as Well as Tickets Included iCansas City, Jan. 16 — Although ailers in general and most other lustries will pass the newly-enacted issouri "privilege" tax on to the confer, theatres will absorb the assessing as no way can be found to add one-half of 1 per cent tax to ad;sion prices. While the rate of taxai seems small in itself, when stacked against the yearly grosses of theas in the state, it will amount to a all fortune. n addition to being hit directly, •ustry income in the state will be Teciated by the new legislation in jny other ways. All merchandise d at retail, utility services and pracilly everything else is subject to the b The exhibitors' advertising bill 1 be increased heavily, as the law cifically includes newspaper adverng and services, billboards and all er forms of outdoor advertising. \dmissions to all amusements and letic events are now taxed, as well electric current and gas service, •erraoh and telephone services, sales tickets on all transportation and ck lines, and laundry and cleaning (Continued on pane 6) irginia Governor For 5% Ticket Tax Richmond, Jan. 16 — George C. pry, who becomes governor tomorv, will recommend a five per cent cet tax, but no increase in the seattax, it became known today, humors of the impending recomndations have been current for ne time and members of the newly anized M.P.T.O. unit have been (Continued on page 6) cattle Row Ended; Wage Shows Return Seattle, Jan. 16. — Difficulties been the musicians' union and Everen State Theatres, Inc., that have ■t music out of first run houses in ■ city for more than a year have n settled, according to Frank L. wman. general manager, ^.s a result, the Paramount next week 1 resume stage presentations, featura 15-piece orchestra directed by es Buffano, former master of cerenies for F. & M. Court to Rule Soon on Erpi Vs. Vitaphone Case Long Contested in Delaware Courts Wilmington, Jan. If) — A decree in the case of Erpi against the Vitaphone Corp. will be handed down on Feb. 6 by the Supreme Court of Delaware, it was announced here today, as the court opened its special January session at Dover. The case is said to involve claims of at least $50,000,000 damages. The argument was heard Oct. 25, last, at which time a decision was reserved. Erpi counsel sent the case to the Supreme Court in an effort to upset the decree handed down by Chancery Court here last August. The decree would have required Erpi to file an answer to the suit filed against it by Vitaphone. Erpi argued that the Chancery Court had erred in not holding that (Continued on pane 6) Scales in St. Louis Await F. & M. Deal St. Louis, Jan. 16 — -Independent theatre owners are anxiously awaiting the outcome of negotiations of F. & M. for control of the Fox and its effect on the price war in the first run field. The neighborhood houses have been hard hit by the dual bill policv of the St. Louis and Fox theatres with stage shows at 20 and 25 cents matinees. With that sort of competition, it is difficult for the smaller theatres to maintain their scales of 10 cents for children and 25 cents. The fact that the Fox has eliminated its stage show may help some, but the big obstacle is that the scales of the first run houses afternoons is onlv 25 cents. Some of the independents (Continued on pane 2) Means Aaain Heads K. C. Independents Kansas City, Jan. 16. — Tav Means has been reelected a third time as nresident of the Independent Theatre Owners of Greater Kansas Citv. Other officers, also reelected, are : Vice-nresident. Charles Vaugrian. Kansas Citv. Kan. : treasurer, Charles Potter, and secretarv. Mrs. A. Baier. A discussion on the industrv code revealed that most of the members intend to sisrn and send in assent forms while among others there is an air of indecision. Roxy Has No Plans Denying reports he would sign up with Columbia Broadcasting System, S. L. (Roxy) Rothafel yesterday stated he has not yet made any plans. He leaves for a vacation this week and upon his return will then negotiate offers. NRA Questionnaire Stirs Coast Furore Hollywood, Jan. 16. — General opposition is being voiced by company executives to answering the searching NRA questionnaire on salaries. The stand is taken that the questionnaire is not mandatory under the law, but is merely a request for cooperation. "If we feel like filling it out, we will ; if we don't, we won't," is the attitude taken by some. Washington, Jan. 16. — Return of the first completed salary questionnaire was announced today by Division Administrator Sol A. Rosenblatt. It was submitted by an exhibitor circuit. Failure to fill out and return questionnaires would constitute a violation of the code and would probably be turned over to the Code Authority for action, it was explained. It is not anticipated, however, there will be any refusals to furnish the information demanded. Few Outsiders Join Writers9 Code Move Hollywood. Jan. 16. — Only a handful of outsiders participated in the Writers' Guild formal selection of representatives for code committees. The selections were : Code Authority, John Howard Lawson; agents' committee, Ernest Pascal, Wells Root ; writer-producer committee, Oliver H. P. Garrett, Rupert Hughes, Ralph Block, John F. Natteford, Seton I. (Continued on page 6) Closer East-West Contact, Hays Aim Further cementing of relations between east and west coast executives will engage attention of Will H. Hays on his 12th winter trip to Hollywood. He started for the coast yesterday afternoon. The executive committee of the M.P.P.D.A. met yesterdav and, amongother business, formally welcomed Walt Disney Prod, to membership. Dark Houses Drop 1,260 During Year Total Is Down to 4,635 As Optimism Grows Closed theatres decreased by 1,260 during 1933, leaving the total of dark houses only 4,635 at the beginning of the year, according to reports from Film Boards of Trade in the 31 key cities of the United States. This is taken to indicate returning optimism among exhibitors in all sections. The closed houses number 1,979 sound and 2,656 silent at present. During the year 940 houses passed out of existence, reducing the total to 18,371. The seating capacity has dropped from 11,161,193 to 11,028,950. Affiliated circuits lost 312 houses and unaffiliated dropped 343, but the losses for the former were apparently large theatres as the reduction in seating capacity was 351,001, while for the unaffiliateds it was only 68,343. The total of affiliated circuit houses is now 1,954 with a seating capacity of 2,586,643, and the total of unaffiliated is 2,846 with a seating capacity of 2,493,383. Losses of big theatres by circuits were apparently taken up by independents. The tabulation shows there are (Continued on page 6) NRA Deputy Hears Local 306 Charges Code violation charges preferred by Local 306 against the I.T.O.A. were heard yesterday before Assistant Deputy Administrator Farnsworth at the Customs House. Farnsworth was delegated by Division Administrator Sol A. Rosenblatt to hear the case. Rendering no decision, Farnsworth turned the matter over to Mrs. Eleanor Herrick of the Labor Compliance (Continued on page 6) Exhibitors Praise Authority's Moves Letters of commendation for the setup of the Code Authority have been received by the authority from exhibitors from all over the country. Many such messages are accompanying code assents and recommendations for the 32 clearance and zoning and grievance boards. There is an eager desire expressed by exhibitors to get the various boards (Continued on page 6)