Motion Picture Daily (Oct-Dec 1934)

Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in AH Branches OL. 36. NO. 105 NEW YORK, FRIDAY, NOVEMBER 2, 1934 TEN CENTS i First Year From Hearst For Warners learst Metrotone News Stays with M-G-M Hollywood, Nov. 1. — Cosmopolin's six for 1934-35, two or three of Ihich will be from Marion Davies, ill be released by Warners instead : M-G-M under the terms of the Bw deal signed yesterday. This means that the Davies picires scheduled for the M-G-M list •ill not be made for this company, at will go on the ^/amer list when osmopolitan switches affiliations Jan. the date of the expiration of the resent Cosmopolitan-M-G-M agreelent. It is reported that the first »avies vehicle under the new deal -ill be a Sidney Skolsky story, Movie Queen." Release of Hearst Metrotone News 'ill continue with M-G-M. The agreement for the new arrangelent was made directly between Hatick, vice-president of Cosmopolitan, nd Jack L. Warner, vice-president i charge of production for Warners. Cosmopolitan Pictures, a subsidiary f Cosmopolitan Corp., is headed by (Continued on pane 7) [ri-Ergon Allowed ToSuePara.-Publix A Federal court order which pernits American Tri-Ergon to proceed gainst Paramount Publix for an inunction and accounting or other liti:ation in connection with the Tri"rgon double print and flywheel patnts was signed yesterday by Fedral Judge Alfred C. Coxe. The order was issued when Judge roxe granted a Tri-Ergon petition to ift the Federal court decree, as it pplied to Tri-Ergon, which restrains (Continued on page 7) Browne, Barr Busy On Circuit Merger Maurice Browne and Bernard Barr ire canvassing local independents in ine with the movement on foot to nerge about 100 unaffiliated theatres nto one large circuit. Under the )lan exhibitors would retain a 51 *r cent stock interest in their the itres which would be grouped into me powerful buving unit. So far no exhibitor has signed up. Some have turned the plan down cold nit the general idea has not yet been Iropped. Bare ford Reaches Agreement With NRA On Code Cost Plan Washington, Nov. 1. — Conferences between Harold S. Bareford and officials of the National Recovery Administration today resulted in agreement as to treatment of the producer-distributor assessment schedule to meet the protests lodged by independents. Bareford discussed the situation with Division Administrator Sol A. Rosenblatt, Deputy Administrator William P. Farnsworth, Leon Henderson of the Planning and Research Division and other officials. It was said that the agreement, which has yet to receive the approval of Henderson, contemplated some "qualifications or provisos" in the schedule which would meet the complaint that the independents were being too heavily taxed. Approval of the schedule as amended is expected to be announced tomorrow. Short Subjects Are "Dogs Of the Business "—Marcus "Shorts are the dogs of the business, always have been and always will be," Lee Marcus, short subject production head of Radio, stated yesterday. "There is no incentive on the part of exhibitors to make shorts and they are booked without any special attention, particularly unusual featurettes," he said. "Radio this season has increased production costs and the number of shorts from 36 to 42," Marcus declared. "All shorts are produced from (Continued on page 6) Sinclair Row Stirs So. Cal. Independents Los Angeles, Nov. 1. — Following the refusal of Morgan Walsh, head of the Independent Theatre Owners of Northern California, to aid Upton Sinclair's campaign for the governorship, H. W. Chotiner, president of the Independent Theatre Owners of Southern California, issued a statement indorsing Walsh's stand. "We have not asked for Sinclair's leadership in our affairs," said Chotiner, "and we certainly will not accept voluntary leadership from a selfseeking man whose aims are foreign to our beliefs. "The newsreels which Sinclair has branded fake are not fake and the In (Continued on page 7) ASCAP Cites New Tax Deal As a Defense The music tax compromise recently agreed upon between the American Society of Composers, Authors & Publishers and the Exhibitors' Emergency committee is made a part of A. S. C. A. P.'s defense against allegations contained in the bill of complaint filed by the government in connection with its anti-trust suit against the music licensing organization, it was disclosed yesterday with the filing in U. S. District Court here of A. S. C. A. P.'s answer to the Federal action. The exhibitors' music tax compromise is cited in the society's answer as an example of the amicable system of (Continued on page 7) Harrison Explains Sinclair Attitude Insofar as his own thoughts and those of Upton Sinclair are identical on block and blind booking and a Federal probe of the industry, P. S. (Continued on page 7) Rinzler-Frisch May Drop Fox Met Spots Sam Rinzler and Louis Frisch may drop the Fox Met group from Randforce as a result of heavy losses. The Fox Met theatres in the Randforce (Continued on page 6) Predict End Of Cleveland Zoning Pact Code Clearance Schedule Expected to Prevail Cleveland's clearance and zoning agreement between independent and major exhibitors, expiring Jan. 1, 1935, will not be renewed, it was indicated yesterday by three exhibitors in New York when queried on the plan. The Cleveland exhibitors are Henry Greenberger, interested in 14 theatres ; Meyer Fisher, who operates three ; and Paul Gusdanovic, who has six houses. The trio expressed the opinion that the plan, which has been in operation the last 22 months, has worked out to the advantage of most exhibitors, but it was pointed out there are a few disgruntled theatre men who did not approve the pact. Greenberger claims that the drafting of a clearance and zoning plan for the territory is the reason the plan will not be continued. The attitude of most exhibitors, he says, is that if the NRA lets the present plan alone and does not disturb it by setting up new zones, it will be better (Continued on page 6) Indie Circuits May Reenter ITOA Soon A number of independent circuits which recently dropped out of the I. T. O. A. are understood to be planning to rejoin the local unit. Among the circuits mentioned are Springer & Cocalis, Rugoff & Becker, Century, Skouras, Randforce and Meyer & Schneider. _ One of the . principal purposes behind the return move is said to be the^ united effort on the part of exhibitors to back up the organization (Continued on page 7) 17 Bank Night Cases Heard by Appeal Trio Marking a new record in appeal hearings, 17 cases were heard yesterday by a committee comprising R. H. Cochrane, Henry Randel and Julius Charnow. Three appeals were from Los Angeles, two from Des Moines, one from St. Louis, two from Omaha, three from Kansas City and four from Minneapolis. AW cases were appeals from Bank Night decisions. Campi, apparently, is anxious to dispose of cases of this (Continued on page 6)