Motion Picture Daily (Oct-Dec 1934)

10 MOTION PICTURE DAILY Friday, November 23, I934i Say Operator Ruling Clears Up Section 7 A (Continued from page 1) handled the case in behalf of the I.T.O.A., "the far-reaching effect of the rule laid down by the decision in this case is (1) that in the absence of contractual obligations Section 7 A of the National Industrial Recovery Act 'was not aimed at the immemorial rights to hire and discharge at will. . The statute is not aimed at this right of employers, but at the interference with the rights of employes to have representatives of their own cloosing' (2) the rights given to employes by Section 7A can only be invoked by those who are directly affected by this violation. It cannot be invoked by an 'outside union' which is only affected remotely, and whose members have no direct interest in its enforcement against a particular employer." Weisman predicts that the ruling will have "a beneficial and stabilizing effect upon all industries" because it will remove uncertainty from the meaning of the section. Before the suit, houses employing Local 306 men were picketed by Allied M. P. Operators' Union and houses employing Allied operators were picketed by Local 306. The latter sought an injunction against use of Allied men on the ground that it was a company union and its members had been discharged to make way for Allied men. Judge Collins granted an injunction to Local 306, which was represented by Charles H. Tuttle former Federal district attorney. It was the appeal from this ruling which reached the Court of Appeals. New Hurdle Rises Over Price Cuts (Continued from page 1) Campi must decide whether first runs uniformly shall get 35 days' protection over second runs as the schedule provides or whether first run protection should be graduated according to price. First runs contend their rentals are the sole determining factor. Loew's and RKO, therefore, are expected to resist any attempt by Campi to curtail their protection or base it on admissions. The availability periods remain unchanged from the previous plan submitted to Campi with the exception that any priced house can be a prior run over its competitor if it obtains protection. Word from New York late today had it that the plan had not arrived. The reason was found traceable to the grounding of planes between here and the East because of bad weather. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Bright Eyes" ( Wurtzel-Fox) Hollywood, Nov. 22. — "Bright Eyes" hits the nail on the head as a type of film for which Shirley Temple customers are waiting. The story and supporting cast are subordinated for the youngster, with David Butler's skillful direction playing to the emotions with every tear and laugh-jerker at Shirley's command. This sure-fire box-office attraction will draw in any locale and affords timely exploitation possibilities surrounding Shirley's Christmas party sequence. The central theme of the story features the befriending influences of James Dunn, flyer, and Charles Sellon, uncle of Theodor Von Eltz and Dorothy Christy, who want to provide a happy home for orphaned Shirley. , Von Eltz and Miss Christy want to rid themselves of the child to protect the social uplift of their own daughter, Jane Withers. This provokes the menace in the plot. A romance of Dunn and Judith Allen figures in the solution as the court grants them the custody of Shirley as carefully planned by Sellon. The original story by Butler and Edwin Burke is excellent for Shirley, with William Counselman's screen play shrewdly knit for laugh and pathos situations. Butler's direction keynotes the human values and laughter in a rare blend. Shirley's song number on the good ship "Lollypop" is delightful. Arthur Miller's photography is excellent. The cast is good. This is perhaps the best Shirley Temple has made to date, which tells everything. Production Code Seal 427. Running time, 85 minutes. "G." < Purely Personal ► AL CORMIER, former trade papt man, has been made vice-presider in charge of sales of the American Broadcasting Co., whose local outkt is WMCA. E. Leopold Spitalny, Chicago musical director, will conduct the Capitol orchestra for a week starting today. H. William Fitelsox, attorney for Amity Pictures, and Fred Bellix ler'l for Detroit yesterday. Charles Skouras and his party arrive in New York today. J. J. Unger is in Boston on Paramount business. Rochester Transfer Hit Buffalo. Nov. 22. — The alleged transfer by Morris Zimmerman in favor of Rose Zimmerman, his wife, as proprietor of the Majestic in Rochester is not valid so far as the operation of existing contracts is concerned, the Buffalo grievance board has ruled on a complaint brought by M-G-M here. "The Mighty Barnum" {20th Century-U. A.) Hollywood, Nov. 22. — Produced by Showman Darryl Zanuck for showmen, Barnum's saga, conveyed by Wallace Beery, is a fine showman's show. Juicy bits, spun around the Barnum personality, are chronicled in ballyhoo fashion, with the film forgivably deviating from truth occasionally. Portrayed by Beery as a big-hearted roisterer, a trial to his wife (Janet Beecher), the production traces America's amusement pioneer through adversity and luck, from the beginnings with freaks to the peaks with Jenny Lind, aided en route by the besotted Mr. Walsh, later Bailey, and presenting General Tom Thumb, the Cardiff giant, the bearded lady and Jumbo, the world's greatest elephant, which have amazed and amused these many generations. Beery's Barnum. though a bit sappy, is a human, laughable zany. Adolphe Menjou's Bailey is etched with confidence, revealing again what this reviewer has before recorded. Virginia Bruce, as Jenny Lind, gives evidence of a voice and a personality portending stardom. The large cast also includes Rochelle Hudson, Tammany Young, Charles Judels, Christian Rub and others, all competent. Gene Fowler is tops in penning American scenes and people and has injected varied values in the screen play, on which he collaborated with Bess Meredyth. Walter Lang directed, stressing factual content more than imaginative flamboyance. Peverell Marley's photography is all right. The production gives showmen ample opportunity to display their talents in circusing the discoverer of circuses, playing up Beery's name and title draw. Production Code Seal 392. Running time, 105 minutes. "G." 'Behold My Wife' ( Sell iilbcrg-Paramo writ ) Hollywood, Nov. 22. — In a deft mixture of comedy and pathos, Sylvia Sidney is here revealed as an Indian girl who marries a white man. He takes her home for the purpose of embarrassing his family, allegedly responsible for the death of his former sweetheart. He ends, however, loving his wife. Despite Miss Sidney's fine acting, Gene Raymond, as the husband, gives the picture its life and zest. A preview audience, while evidencing its reaction in comedy and dramatic sequences indicated no spontaneous enthusiasm although it appeared satisfied. Direction of Mitchell Leisen spans Sir Gilbert Parker's story hurdles neatly with the picture flowing smoothly through a succession of wellconceived scenes having obvious sincerity. Raymond's performance (Continued on page 14) Report No Complaini On Weekly Payment* No complaints have been registerei by exhibitors to local exchange head! on the weekly payment plan for shorts Allied directors returning from a eastern regional in Baltimore on Mon day reported to the New Jersey uni' that in a checkup of various companies' sales policies, some of the div tributors were relenting on the weeklj payment idea. According to local sales heads, thf plan has been found to work out favorably. It is stated that checks fo shorts, whether played or not, come i regularly every week and at the err of the year exhibitors have no bal ances. However, they may have number of shorts yet to be dated at th end of the selling period, and in mos cases the undated films are picked u Some of the companies have bee considering the scheme for feature but have found it impracticable. Tw reasons are given. One is that the plai would conflict in so far as percentage are concerned and then again then are weeks when no pictures are 3d leased, while during other periods tw( features may be ready nationally. Ii both cases the exhibitor would hav< to pay his weekly allowance, whicl might prove a burden in the no-relea week. Samuelson Presents Code Case and Wim Sidney Samuelson. not a lawyer bj profession, yesterday won his firs code case when the New York griev ance board awarded the Liberty! Plainfield. X. J.. 70 pictures of Wal ter Reade's allotment for the Para I mount. Oxford and Strand, same city The Allied president representee Joseph Sicardi. a member of the Xev Jersey unit, who complained that h) could not get one major release fo 1934-35, while Reade had purchase! 355 for his three houses. Samuelsoir held that the new Reade buy was 8 more than last year. Leo Justin, whi acted for Reade, stated yesterday It would appeal. In another overbuying case agains Reade, the board dismissed the com ! plaint by M. Snider of the Liberty Freehold. Harry Suchman, who actei for Snider, during the last few week had been trying to settle the acti"! amicably, but could not come to ai understanding with Reade.