Motion Picture Daily (Oct-Dec 1935)

MOTION PICTURE DAILY 4 Await Naming Of New Judge In St. Louis (Continued from page 1) U. S. Circuit Court of Appeals by the end of this week or possibly next. It is hardly likely the temporary injunction action will be set for hearing before the first of next year. All Federal judges here are said to have their dockets lined up until the end of the month. In the event a judge from outside the city is brought in, this would not advance the date any, it is said, because of the necessary time required by various defense counsel for preparations. Russell Hardy, prosecuting attorney, is understood to be preparing to recall all witnesses who have appeared in the criminal action for the second case. The Government is determined to make every effort to win the injunction proceedings and bring back witnesses who have already taken the stand to repeat the testimony, and answer further questions not included in the previous transcript. Government Called 22 Less than $5,000 of the reported $25,000 spent by the Government for the criminal action was charged off to traveling expenses of witnesses. Not only is Hardy preparing to go over the same ground embraced in the three-year period covered by the indictments, but he is also figuring on questioning officers of the three companies and others on deals made from Jan. 11, 1935, to date. Although 40 witnesses had been subpoenaed, the Government called only 22, exclusive of Gordon E. Youngman, RKO attorney, who voluntarily took the stand to explain a draft which later resulted in the RKO-Warner contract for the Shubert-Rialto. Inasmuch as Hardy plans to try the equity suit as a separate action, additional witnesses may be summoned. During the first case, the Government was granted a severance for Abel Carey Thomas because of his illness and, despite acquittal of Harry M. Warner, Herman Starr, Gradwell L. Sears, Ned E. Depinet and George J. Schaefer and their companies on the indictment charges, Hardy has refused to dispose of the matter. It's officially on the Federal Court calendar and may be docketed at the convenience of the Government. To Seek Dismissal Defense counsel, it is understood, will make renewed efforts to dismiss the equity hearing, citing cases of a similar nature where the court has discharged injunction proceedings without trial after an acquittal by jury. The first complication the Government has brushed up against in the second case is the resignation of Schaefer from Paramount. He is in Mexico vacationing and whether he will be around for the next trial if, and when, it goes on, is unanswerable at this time. Meanwhile, certain New York lawyers of the companies involved who had been planning on taking a vacation around the Christmas holidays are holding their contemplated trips in abeyance until a judge has been appointed and a date for trial set. That also goes for the local legal clan. Coast's Radio Studio Vision Of Aylesworth (Continued from page 1) Al Jolson, Wallace Beery, Anne Jamison, Ginger Rogers, Nelson Eddy, Edgar A. Guest, Phil Regan, Bing Crosby, Joe Penner, Stan Laurel, Oliver Hardy and George Jessel. The announcing will be handled by James Wallington, Don Wilson and Sam Hayes. Aylesworth is now on his way west as are Herbert J. Yates, president of Consolidated whose company was in charge of construction, and W. Ray Johnston, president of Republic Pictures. Richard C. Patterson, Jr., executive vice-president of NBC, departed for Hollywood on Saturday, but is making stopovers at Chicago, Salt Lake City and other cities before reaching the coast. Hollywood, Dec. 2. — NBC's new broadcasting studios are located in the building formerly occupied by Consolidated Film Industries. It has been completely refinished along conservatively modern lines and now is both fireproof and earthquake-proof. All construction has been in accordance with the principles followed and developed in Radio City and the latest technical, soundproofing and airconditioning equipment installed. RCA apparatus is used throughout. Has Audition Studio The main building, two stories high, houses three studios and various offices and is 140 ft. long and 75 ft. deep. Its exterior is of white stucco with chromium and black metal trim. Over the entrance is a large vertical "NBC" sign, black and chromium and neon-lighted. A second, smaller adjacent building has been converted into a single studio for auditions and is of similar construction. Across the front of the main building are eight offices — for Don Gilman, NBC vice-president in charge of the western division when he visits Hollywood; for Studio Manager John Swallow and the program department. Offices for artists' service, legal, press and sales departments, the music library, and the accounting department, are also on this floor. The center of the main floor is Studio D, 35 ft. long and 23 ft. wide with control and observation rooms. Studios A and B form the entire second floor ; the former seats 276, the latter 210. Studio C is in the smaller building. Equity Will Force Members Into Guild (Continued from page 1) of the Screen Actors' Guild will pay dues to that organization while they remain within the Guild's jurisdiction and dues so paid will be remitted to Equity by the Guild, it was said. However, if Equity members go to the coast to participate in legitimate stage performances the Guild membership requirement will not be enforced. The ruling will apply only to those actually employed in the studios. More than 200 Equity members are believed to be affected by the ruling, an Equity official estimated. Stay Is Denied on Filming "January" (Continued from page 1) District of New York has denied an application for a temporary injunction and the infringement suit now goes on the calendar for trial. The controversy involves the right of a publisher-agent to sue for sound film rights when the contract he made with an author dates back many years before sound films were originated. "Captain January" was written about 40 years ago by Mrs. Laura Richards, who now lives in Maine. It was published in 1890 by the Page company, acting both as publisher and agent. Page sold the silent picture rights to Sol Lesser of Principal Pictures in 1923. Early in the year Fox began negotiations with Page for the story, but failed to get results after agreeing on a price of $20,000. Then, proceeding on the theory that partners can sell each other out, the company bought the sound rights from Mrs. Richards. Her contract with Page calls for 55 per cent payment to that company. One-third of the purchase price went to Lesser to cover the silent rights. Page still charges infringement and the issue before the court is whether Page can seek payment from Twentieth Century-Fox or from Mrs. Richards. Twentieth Century-Fox is to go ahead with the release of the picture. St. Louis Amusement Figures Quit Posts St. Louis, Dec. 2. — Two important changes have taken place in the St. Louis Amusement Co. as a result of differences with Leto Hill, supervisor. Bess Schulter, who has been chief booker for a number of years and owns several neighborhood houses, has resigned. Al Zimbalist, advertising and publicity head for the 20 houses during the last two years, also has resigned. It is understood Mrs. Schulter will devote her time to operation of her theatres. Zimbalist has gone to New York. He is reported to have lined up with an independent circuit in an executive capacity. By virtue of its interest in Skouras Bros. Enterprises, Warners control the St. Louis Amusement Co., which is in bankruptcy with Nelson Cunliff as trustee. Sylvia Sidney to G.B. Hollywood, Dec. 2. — Michael Balcon, G. B. production head, has closed a deal with Walter Wanger under which Sylvia Sidney will be loaned to G. B. for a picture to be made at Shepherd's Bush, England. Alfred Hitchcock will direct. Wanger issued a statement in which he said this was the beginning of a loaning arrangement for talent between himself and G. B. Critics Meet Again New York screen critics met again yesterday on the formation of an organization and discussed further details. They plan to make awards for the best film of the year, the best performances by actor and actress and the best script. A formal announcement is expected today. Tuesday, December 3, 1935 No Ascap Fee Cuts With Warners Out (Continued from page 1) the society of the Warner music subsidiaries. Ascap, a representative of the organization said, believes that its catalogue, with or without the Warner music, is worth the fees now in force. It was also indicated at Ascap that1 the organization will make claim to the continuing licensing rights after Jan. 1 of Warner music in the society's jurisdiction up to that time. It was stated that copyright lawyers had offered the opinion that Ascap could retain the licensing rights to the Warner music now in its catalogue, despite the resignations, because those rights had been assigned to Ascap by the authors and composers. The Ascap board is scheduled to. meet on Thursday and at that time may take a formal stand on these questions. Meanwhile, Warners has not made known what policy it will pursue after Jan. 1 on licensing either exhibitors or radio broadcasters for the public performance of the Warner controlled music. Allied Sees Failure For Revival of NRA (Continued from page 1) practices by voluntary action and within the limits of existing law. All that is required is an impersonal consideration of the problems, plus the will tc cooperate. One can not but mourr the many brave expeditions into the realms of voluntary cooperation thai have foundered on the rocks of selfishness. But these failures have left their scars and it is doubtful if any ambitious plan can be launched without reopening old wounds. As said by Allied following the collapse of NRA. whatever is accomplished along this line must begin in the territory— al the bottom; must be limited in scope; and must come to the New York executives with a record of accomplishment before they can be expected tc show any interest in it." Allied has prepared a white bool: on its legislative campaign for dis-; tribution among theatre patrons. "U's Sioux Falls Accounts Are Splii Omaha, Dec. 2. — Thirty-six towns, until recently served through the Universal branch office at SiouN Falls, S. D., will be added to th( Omaha branch office and served fron here, Jerry Spandau, branch manager says. .1 Spandau's statement came upon the heels of an announcement from Universal home office that the Sioux Falh branch office would be discontinued, j The towns served out of Siou> Falls have been divided and assignee to the Minneapolis and Omaht branch offices. Eddie Gruenberg Sioux Falls manager, and one salesman, join the Minneapolis branch a' salesmen. Guaranteed Gets Two Guaranteed Pictures have acquire< the American distribution rights tc "Robinson Crusoe," made on the ac tual location of the story by Interna tional Prod., and a film version o; "His Apologies," a Famous Films pro^ duction of the Kipling poem.