Motion Picture Daily (Jan-Mar 1934)

Wednesday, March 21, 1934 MOTION PICTURE DAI FY II Missouri Stay One of First For New Law {Continued from page 1) of in the act here as patrolling, or picketing, as it is sometimes called. . . That is a clear statement of the intention of Congress, even where there is fraud or violence, picketing would not be restrained by injunction. Nothing could be more clear, it >eems to me. than that. "The only thing that can be enjoined so far as this case is concerned is the perpetration of acts of violence upon the plaintiffs or their property by the defendants." The court upheld freedom of the press in dismissing injunction proceedings against the St. Joseph UnionObserver, union weekly newspaper, and its publisher, Maurice Hoffman, who also was counsel for the defend;int unions. The decision held that Hoffman had not offended in printing news stories and commenting on the controversy "in accordance with his views," which, the court decided, "he had an absolute and perfect right to I do." Judge ( 'tis cited that Hoffman had condemned theatre bombing and quoted irom one of his editorials declaring i "there is no place in St. Joseph for • the gospel of the torch, the gun or the bomb." The Morris act, the decision further stated, "has no power to enjoin the giving of publicity to the exist Cincinnati Cincinnati, March 20. — A new of.! fice has been added to the executive i roster of the Cincinnati tent, namely, ^ assistant treasurer. Ralph Kinsler i is the incumbent. He is second in I command to Abe Lipp, whose multi, plicity of other duties sometimes makes it impossible to attend every I meeting. The famous ladies' night (the word famous describes the night — not the \ ladies ) heretofore held on Sunday, has J been changed to Saturday. The female i of the specie will be welcome on Suns'day nights, although the usual routine :J will be absent. The change is an exI periment and probably will be conI tinued providing it doesn't interfere too j seriously with some one's weekly abt lution. j The first of a series of monthly shindigs was given Friday by order of Barker Noah Schecter, chairman of ' the entertainment committee. Each i member was permitted to bring a male guest. It was a delightful affair, and 1 "a good time was had by all." * It recently was reported that Ralph Kinsler had been appointed chairman "i the house committee, to succeed Allan Moritz, who advanced to the } presidency. This was incorrect. Bill IOnie is the chairman of this committee. Something wrong with this _ scribe's typewriter. The "Kings for the Day" plan has been inaugurated. Barkers Joe Kolling and Mike Spanagel, the first . "Kings," started the thing off with a bang. Others to follow include Marc I Big Bad) Wolf, who will be teamed with Harry (Gold Standard) Silver. \iter these come Manny (Hi Toots) Sim ke and Joe (Silent) Goetz, RKO standbys. ence of, or facts involved in, any legal dispute, whether by advertising, speaking, editorially or any other method not involving fraud or violence." Edward and Barney Dubinsky brought the action in the Federal Court under the Morris act and under interstate commerce laws, blaming the unions for explosions of stench, tear and dynamite bombs at the Missouri and Electric Theatres. The court asserted there was not "the slightest doubt" that the operators' union had caused the bombing. Counsel for the unions contended the court had no jurisdiction to issue an injunction because the Dubinskys had made no reasonable effort to settle the dispute with the aid of available government machinery of mediation or voluntary arbitration as required by the Norris law. Discussing that point, Judge Otis said that what the unions had in mind was the decision of the Regional Labor Board at St. Louis, but that decision, "even if it were binding on the plaintiff," is not final but is now pending on an aopeal to the National Labor Board. The regional board recently ordered the Dubinskys to reinstate union employes at the old wage scale and under the conditions which obtained prior to the trouble. Finding the operators' union responsible for the outrages, the court declared : "It is just too clear for any argument. Miracles do not happen, at least they are not repeated in this day." The explosions can not be ascribed to some "accident" and the theatre owners can not be blamed for them, the decision asserted. The court warned that if the injunction is violated, and if the guilty ones are convicted, sentences to the penitentiary, "and not for the minimum Some one in the congregation recently rose to suggest that the title of the popular song be paraphrased to "W hen It's Gintime in the Rickeys." Louis Schneider, county prosecutor, was guest speaker at the last meeting, and related some of the unusual incidents which transpire in the court. From some of the experiences which he related, the local court should be a gold mine for Bob Ripley. A new picture of generous size of Katheryn Variety Sheridan has been hung in the club's quarters. It is done in colors. Barker L. B. Wilson has returned from a sojourn of several months in Florida. He reports that the "palms" are outstretched there the same as of yore. C. E. Pfister, skipper of the Mayflower at Troy, O., is the latest to receive the distinction of being called a barker. There was a special broadcast over WCKY, Covington, Ky., radio station from 7 to 7 :30 Sunday night dedicated to the Cincinnati Variety Club. Barker L. B. Wilson, who owns the station, put it over. Columbus Columbus, March 20. — Father Corbett, chaplain of the Columbus club, is wintering in Houston, but not being satisfied in enjoying a muchneeded rest, is acting as assistant pastor of Holy Rosary Church there and New Handle Anthony — Tony to you — Muto has a very high-sounding title now. He is the "Special Representative of the President of the Motion Picture Theatre Owners of America." period permissible under the statutes," would follow. Members of the St. Joseph M. P. Operators' Union, Local 559, enjoined were : Warren S. Welsh, business agent, who is also union labor coordinator for St. Joseph and president of the Central Labor Council ; Myron Coots, who is a vice-president of the Missouri State Federation of Labor; Ralph Elliott, Bert E. Newkirk, Fred Sumpter, Howard Sisson, E. I. Motley, Ed Harris, S. A. Waggy, J. J. Redmond, R. L. Clark, I. E. Ramseier. The injunction also was against the stage hands' union, Local 43, and these members : S. A. Czachert, George Seippel, Walter Hay, Kay Lard and Charles Fitzjohn. The petition was dismissed against six members of the musicians' union, but was made effective against one member, M. Bova, of Local 50. Some 25 witnesses were heard prior to issuance of the decree. Virtually all of the defendants denied they knew anything about the bombing. Kent to Coast Soon S. R. Kent plans another trip to the Coast shortly. Scheduled to leave this week, he may not get away until after April 15. has also organized its dramatic club in the city, which is planning to give its first production, "The Kingdom of God," immediately after Lent. Hope to have him back with us shortly. The club last week was presented with a beautiful portrait study of Governor George White, an honorary member. It is now gracing a conspicuous place in the clubrooms. Had the pleasure of welcoming Barker Joe Penner of Pittsburgh and Morton Downey. Joe looks as sassy as ever and welcomed the opportunity of renewing old friendships from the Pittsburgh club. Barkers John Hardgrove and Virgil Jackson, who were "Kings for a Night," Sunday sprang a surprise on the local membership when, instead of sending out an announcement of their attraction, they called at each barker's office with a small circus clown band and, after several selections, made their announcement of the program. Barker H. E. Cherrington, dramatic editor of the Columbus Dispatch, is still confined to Grant Hospital, but out of danger. At the luncheon every barker sent him a special "Get well card," which "Cherry" called his fan mail. Barker Kline Roberts is busy with the Ohio coal code, one of the additional responsibilities he took on last year. Meetings of code members are being held in the clubrooms. Lieutenant Lester Arnold, one of the American officers who flew around Mining Boom Opens Houses In Colorado Denver, March 20. — Theatres in three towns are being opened. Two of these have been without a theatre for four years, and the third has had none for seven years, and has never had sound. The boom in mining is the cause of the latter opening at Cripple Creek. If the ming boom becomes permanent, a great many towns in the state and in the Denver territory will have theatres again. Ross Labart plans to reopen the Empress at Glen Rock, Wyo. Fred Lind, well known in Colorado, is remodeling a building at Littleton, 10 miles east of Denver. He will call it the New Grand and will install 300 seats. William Diller will reopen the Alta at Cripple Creek soon. He is installing about 425 seats. Breckenridge, Leadville and Colorado Springs will also be the scenes of reopenings in the near future. New Orleans, March 20. — Reports from Shreveport, La., reaching here indicate three new houses to be opened shortly at Sulphur, Vinton and Liberty. Neilan to Coast Marshall Neilan is en route to the Coast, his second trip west in a couple of months. the world in 1926, entertained as his guests a number of Variety Club barkers with a flight over the city in his new Douglas plane. Pittsburgh Pittsburgh, March 20. — The biggest crowd of the season turned out for the stag in honor of Barker Joe Penner. The club presented him with a handsome leather shaving kit. John McGreevey, Johnny Morin and T. J. Sullivan have all been visited by the stork within the last month. Johnny Harris is vacationing on the Coast where he has been working out daily with the Pittsburgh Pirates at their spring training camp in Paso Robles, Cal. Dick Powell, Joe E. Brown, Jr., and Harry Ruby spent a few days with him there. The annual stage and screen benefit show has been set for the Penn April 15. John Maloney and "Doc" Beinhauer may be persuaded to enter those six-day bike races at Duquesne Garden as a brother team. They're both platinum blondes. Art Levy got back from Miami all smiles and all sunburned. A few minutes at one of the gambling casinos paid his expenses, or most of them, any way. Eddie Fontaine, president of the Cleveland chapter, was a guest of the club the night of the Joe Penner party, the first at which Jimmy Balmer did not recite "Friends." Harry Harris and Earl Roeser motored to Florida, where they're escaping winter's closing rigors. Jerry Mayhall is now a musical contractor and has opened an office for band bookings in the Clark Building. _ Variety Club Chatter