Motion Picture Daily (Oct-Dec 1934)

The Leading Daily «^ \ \ lewspaper •, .the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent lailhS w% I M Service w the Industry in All Branches ,'OL. 36. NO. 84 NEW YORK, TUESDAY, OCTOBER 9, 1934 TEN CENTS Ml of Majors For New Plan OnCodeCosts \ome Independents Fall In Line as Well J All major companies and practical• all independent producers and dis -ibutors have approved the new al-ucation plan of assessment promulgated by a committee comprising S. Kent, Harold S. Bareford and '.dward Golden. The revised assessment plan has ■pen approved by Campi in principle A}nd sent to Division Administrator ol A. Rosenblatt, who will call a ublic hearing before approving it ■ nally. Rosenblatt returned from the sjoast by air yesterday. United Artists, Universal and Columbia were the only major comanies which objected to the original evy. These companies have sanctioned (Continued on page 7) Memphis Meet Gets Fire Insurance Plan .Memphis. Oct. 8. — Organization of leatres into an insurance mutual as -otection against allegedly discrimiitory fire insurance rates, expresdiis of satisfaction with the progress ade by the wholesome films camiign and opposition to the increased usic tax were the principal matters esented to the M. P. T. O. of Arinsas, Mississippi and Tennessee, in nvention here today. I Suggestion that theatres need an in| ranee mutual plan was introduced (Continued on page 8) ■xpect to Complete G-B Staff in Month Completion of the Gaumont British les setup nationally is expected jthin the next month, George Weeks, jiieral sales manager, stated yesterjy. Weeks leaves today for Atlanta, jncinnati, Chicago, Kansas City and « Louis to line up his personnel, ter another two weeks in the east (Continued on page 2) Tigh Court Refuses To Act on "Holiday Washington, Oct. 8— The Su;me Court today denied a review of ower court decision in the case of iren vs. Shubert Theatres, involv: plagiarism of "Death Takes a >liday." Supreme Court Refuses Tri-Ergon Patent Review Zirn 's Appeal Refused; Katz Denies Para. Lost The application of Samuel Zirn, attorney for a Paramount Publix bondholders' group, for leave to appeal from the U. S. District Court order appointing Charles D. Hilles, Eugene W. Leake and Charles E. Richardson trustees of Paramount Publix was denied by the U. S. Circuit Court of (Continued on page 7) Alleging that neither Paramount nor creditors of the company suffered loss or damage as a result of the repurchase of the company's stock issued from 1929 to 1932 for the acquisition of theatres and that the payments did not constitute a "dividend or other distribution of assets to stockholders," (Continued on pane 7) Trendle Says 12 Houses in New Service United Detroit Service Booking Corp. now has 12 theatres using the service and more are expected to join. George W. Trendle, president, stated yesterday. The company basically renders a service to the exhibitor, helps him buy and book pictures and in no wise is connected with United Detroit Theatres Corp., a Paramount subsidiary which also has Trendle at the head, according to Trendle. 'We are planning expansion," Trendle said, "but cannot state at this time what it will be." The service company does not book, but acts as advisors to exhibitors, Trendle explained. Exhibitors (Continued on page 4) Report Rogers Will Make One for M-G-M Hollywood, Oct. 8. — Will Rogers, according to reports here, has been signed to do one picture for M-G-M, which will undoubtedly be a picturization of the Eugene O'Neill play, "Ah, Wilderness !" Reports have been current for months that, following Will Rogers' successful Stage appearance in the O'Neill play in San Francisco last spring, he would star in the picture for M-G-M. ASCAFs New Tax Schedule Compromised A new music tax schedule which retains the former annual rate of 10 cents per seat for theatres up to 800 seats and establishes a new annual tax of 15 cents per seat for theatres of from 801 to 1,599 seats, and 20 cents per seat for theatres of over 1,600 seats was mutually agreed upon yesterday by the American Society of Composers, Authors & Publishers and the emergency committee on behalf of exhibitors. The schedule was worked out yesterday morning between E. C. Mills, general manager of the A.S.C.A.P. and members of the emergency committee and was ratified yesterday afternoon by the A.S.C.A.P. board of (Continued on page 4) Aarons for Combine In Percentage Fight Philadelphia, Oct. 8. — Formation of a buying combine of all unaffiliated theatres in this territory to oppose high percentage playing terms demanded by distributors is advocated by George P. Aarons, secretary of M. P. T. O. of eastern Pennsylvania, southern New Jersey and Delaware, in a current bulletin issued to members of the organization. Aarons cites a maximum percentage of 20 per cent as the highest paid by (Continued on page 2) Ruling Regarded as of Vast Import in Use Of Sound Devices Washington, Oct. 8. — A decision of potential import to the industry was handed down by the U. S. Supreme Court today when it refused to accept for hearing two appeals from the Circuit Court of Appeals rulings in the controversy involving patents held by the American Tri-Ergon Corp., which is controlled by William Fox. Patents on two inventions were involved, double prints in recording and the flywheel on reproducers. The defendant in the double prints infringement suit was Paramount Publix, while the Wilmer & Vincent circuit and Altoona-Publix, a Paramount Publix subsidiary, were named as codefendants in the flywheel action. The lower court had held that the (Continued on page 4) Briefs to Be Filed In Dubinsky Dispute Washington, Oct. 8. — Inability of Sam Dubinsky to get to Washington today resulted in the calling off of the hearing planned by the Ajnusements Division of the NRA on the wage controversy in Kansas City. Dubinsky asked for permission to file a brief, and the I.A.T.S.E. representatives not only agreed to this, but consented to have the entire matter argued by briefs, thus eliminating the need for a hearing. Chicago Clearance Is Put Over Again Chicago, Oct. 8. — The clearance and zoning board has tabled the B. & K. petition for a revision of the clearance setup. It is understood that it will come up for consideration at a future date. Meanwhile B. & K. officials stoutly maintain that they will push (Continued on page 7) Hearing Is Given On Detroit Lease Although Campi has sent to Washington an amendment approving withdrawal of the leasing clause, known as 5E, Part 6, in the code, a Detroit (Continued on page 7)