Motion Picture Daily (Jan-Mar 1934)

MOTION PICTURE DAILY Insiders' Outlook 2 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 35 March 16, 1934 No. 62 Martin Quigley Editor-in-Chief and Publisher IBB1 MAURICE KANN mra §5*51 Editor S£5 IZlEJ JAMES A. CKON JKEBnHi Advertising Manager Sv. — . Published daily except Sunday and holidays by Motion Picture Daily, Inc., subsidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable address "Quigpubco, New York." All contents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley publications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHICAGO AN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clifford, manager; London Bureau: 6 Brookland Close, Hampstead Garden Suburb, Bernard Char man, Representative; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des-Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative: Sydney Bureau: 102 Sussex Street, Cliff Holt, Representative; Mexico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Representative; Budapest Bureau: 11 Olaaz Fasor 17, Endre Hevesi, Representative. Entered as second class matter January 4, 1926 at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Arrivals from West Lou B. Metzger arrived in town from the coast yesterday, preparatory to his departure for Europe on Wednesday to sell territory on "Elysia," nudist film. Earl Kramer, former representative for U. A. in Japan, is also in New York, after a week in Hollywood. Schenck Due Sunday Nicholas M. Schenck, accompanied by E. B. Hatrick, Hearst representative, arrives in town Sunday morning, after an extended visit to Hollywood. MOTION PICTURE ALMANAC 1954-35 NOW /N PJl£PA/iA T/ON DRESENT status of the law *■ covering transfer of silent picture rights is still subject to argument in legal circles despite two recent rulings of the Court of Appeals in New York. Several months ago the New York Court of Appeals held in the case of Armstrong vs. Kirke LaShelle on "Alias, Jimmy Valentine" that sale of film rights prior to the advent of sound did not carry with it sound rights because neither party could have contemplated this when the pact was made. This was a reversal of a lower court decision. . . . T A few days ago the Court of Appeals affirmed a Supreme Court ruling that transfer of both the stage and dramatic rights and silent film rights on "The Volga Boatman" carried with it everything essential to sound production. This was the case of Bercovici vs. DeMille. In the first case it was a long decision ; in the second it was an affirmation of a lower court ruling. . . . T Pending at the present time in California is Sol Lesser's suit against Harold Bell Wright over the talker rights to "When a Man's a Man." Lesser contends his purchase of the silent film rights entitles him to produce it as a sound film. This point seems to have been covered insofar as New York is concerned by the decision in the Valentine case. The entire issue, therefore, is not as clear cut as first appeared. Its ultimate clarification, either way, is subject to much comment in view of the fortunes spent annually on accumulation of properties for each succeeding season, a process in which all of the majors currently find themselves knee deep or more. . . . T Even some of Charlie Moskowitz's best friends won't tell him why they object to his appointment to the local clearance and zoning board. . . . "They" do say New York clearance schedules are slated for a complete upset when the local boards get under way and that Loew will be the chief victim. . . . One major distributor faces a suit as a result of a crack he made against a national theatre operator at one of the authority sessions. . . There's an interesting story behind Morgan Walsh's reinstatement to the San Francisco board after his name was vehemently objected to by a certain distributor. . . . You'd better get the inside from one who'll talk. . . . T Any assents hitting Code Authority headquarters dated after March 10 will be void. That makes it interesting to note that the I.T.O.A. having several of its members, including Harry Brandt and William Landau, pretty well set for code boards posts, will not be represented. None of its members has signed the assent form. Having failed to so do, the I.T.O.A. objections to appointment of Lou Geller on the ground he is a partner of Charlie O'Reilly seemingly won't get very far. . . . Skouras and the Warners, theatre foes in many fronts, are at it again. This time the place is Jersey City, and the subject duals, which both circuits have brought back with ceremony after a layoff. Skouras at the State ; Warners at the Stanley, which this week enjoys a respite playing "Wonder Bar" {Continued on page 6) Friday, March 16, 1934 i Purely Personal ► LOUIS K. SIDNEY, Charles Moskowitz. Si Seadler, Joseph Vogel, Leopold Friedman, Leo Lubin, H. J. Yates, George Dembow, Harry Buckley and George Fitzmaurice among the noonday diners at the M. P. Club yesterday. Betty Furness ended her New York vacation yesterday by starting back to the coast. She has some more work to do for Monogram. The Richard Arlens sail tomorrow on the Majestic on a European vacation. Roger Pryor has replaced George Raft as Mae West s leading man in • "It Ain't No Sin." Ben Pollock and his orchestra start work today in a Vitaphone short. Bill Danziger is in town from the coast. Bob Rubin's license plate is R R-8. David Poucher Dies In Automobile Skid The picture industry was shocked yesterday to learn that David I. Poucher, 53, long in the business, had been killed the preceding afternoon in an automobile accident. Driving to his home in Queens late Wednesday afternoon his car skidded, ran up an embankment, struck a post and overturned. The car was demolished and he was killed instantly. Poucher recently had been associated w-ith Duke Ellington and Freuler Film Associates, Inc. He entered the industry 20 years ago with Mutual Film, of which he later became treasurer. He was treasurer of F. B. O. in later years. He is survived by a widow, three children and two brothers, one of whom is Ralph Poucher of Consolidated Film Industries. Funeral services will be held tonight at the Fairchild Funeral Parlors, 898-31 164th St., Jamaica, L. I., with private interment tomorrow. Pre-S ailing Conference Hollywood, March 15. — Jack L. Warner left suddenly for New York last night to confer with his brother Harry, prior to the latter's European trip which starts shortly. He returns here immediately to be on hand for the M. P. T. O. A. convention next month. Harry M. Warner's original plan of sailing from New York tomorrow stands, his office stated yesterday. Unless Jack L. travels part of the east by air, he cannot arrive here until Sunday morning. Pettijohn at Capital Washington, March 15. — Charles C. Pettijohn, general attorney of the Hays association, is here from New York for a few days. Rowland in Hollywood Hollywood, March 15. — Richard A. Row-land is here from New York. Majority Weaken on Big Board Columbia Pictures, vtc Consolidated Film Industries. Consolidated Film Industries, Eastman Kodak Fox Film "A" Loew's, Inc M-G-M, pfd Paramount, cts Pathe Exchange Pathe Exchange "A" Universal Pictures, pfd. Warner Bros Net High Low Close Change Sales 27% 2654 26% + Vs 12,000 4% 4% 4% 54 400 16% 16% V* 300 S9VS 8854 8854 34 200 1654 15% 16 + % 2,700 32VS 3154 32% % 4,100 24 24 24 100 5% 5 554 12,800 ZVz 354 354 — % 3,800 19 17% 1854 % 2,900 3Yz 354 Vi 2,400 33 33 33 2,000 7 6% 6% 54 5,000 Columbia Declines 2 on Curb Net High Low Close Change Sales Columbia Pictures 27 27 27 — 2 100 Technicolor 954 9 954 — Vi 400 Trans Lux 2% 2% 2% 200 Warner Bonds Slip IVa Points Net High Low Close Change Sales General Theatre Equipment 6s '40 11 1054 1054 +54 54 General Theatre Equipment 6s '40, ctf 10 954 954 154 Loew's 6s '41, ww deb rights 9854 9854 9854 + 54 12 Paramount Broadway 554s '51 34% 335-6 3354 — % 19 Paramount F. L. 6s '47 50 4954 4954 + 54 62 Paramount Pubhx 554s '50 50 49 4954 + y2 55 Pathe 7s '37, ww 9354 93% 93% 2 Warner Bros. 6s '39, wd 5854 56 56% —154 15