Motion Picture Daily (Jan-Mar 1937)

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Thursday, January 14, 1937 MOTION PICTURE DAILY 13 Oppose Plea To Intervene In RKO Plan (Continued from page 1) say, were $20,000,000 in excess of liabilities in January, 1928, and amounted to $3,000 when Orpheum went into bankruptcy five years later. The going assets of Orpheum were transferred to Stadium Theatres Corp., a wholly owned RKO subsidiary, in May, 1933, as a result of alleged defaults by Orpheum on advances of approximately $3,000,000 which had been made by RKO and Keith-Albee-Orpheum. The transfer was contested by Marcus Heiman, trustee of Orpheum, and RKO recently was authorized by Judge Bondy to offer $700,000 to Orpheum for uncontested rights to the assets. Orpheum creditors are scheduled to meet in the near future to consider accepting the offer. The Orpheum preferred stockholders, however, having a junior position to the creditors, would not participate in any dividend which might result from acceptance of the RKO offer. For this reason, and because their position points out that no provision is made for them in the RKO reorganization plan, they ask leave to intervene in the latter proceedings. Indications are that the RKO general creditors' committee will ask Judge Bondy to postpone the hearing on the plan scheduled for today until Jan. 28 or thereabouts. Hearings on the Orpheum petition and several other motions pending before the court may be held, however. Stand on "B" Films Is Up to Exhibitors (Continued from page 1) cent. Although confirmation is lacking at the moment, it is definitely understood here that the studio's production of B pictures has been set at 18 rather than the former 24. Radio's attitude will be decided at a conference to be held this week following the arrival of Ned E. Depinet. Hal Roach plans to make all "A" pictures budgeted at $500,000 or over. Universal will augment its "B" program and make at least four more than it did last year. As Louis B. Mayer is in New York M-G-M officials are silent on their plans. Warners, 20th Century-Fox and Columbia will continue their present policy on low budget films. Theatre Men at Para. Meet Hollywood, Jan. 13. — Presaging closer cooperation and understanding between producers and exhibitors in the future, five prominent showmen will sit in at the Paramount product conference tomorrow. These exhibitors, who remained here for the purpose of attending, are : M. A. Lightman, E. V. Richards, A. H. Blank, Karl Hobitzelle and Slim Higginbottom. Refinance Golden Gate A new mortgage loan of $425,000 at five per cent for five years has been floated for the Golden Gate theatre, San Francisco, controlled by RKO through a subsidiary. MOTION PICTURE DAILY5 HOLLYWOOD PREVIEW "We're on the Jury" (Radio) Hollywood, Jan. 13. — A murder mystery solved in a jury room forms the basis for this comedy-drama. With Helen Broderick and Victor Moore carrying the brunt of the acting burden, the picture moves smoothly with laughs alternately following moments of dramatic suspense. Miss Broderick is a dowager socialite serving her first assignment on a jury. More interested in justice than in court procedure, she votes for the acquittal of Colleen Clare while the other jurors vote to convict the girl who has been accused of murder. Settling down to work, Miss Broderick eventually wins the others to her way of thinking by a reenactment of the crime at its scene. Franklin Coen has made a clever adaptation of the John Frederick Ballard stage play, retaining all the fire of the original and adding new comedy dialogue. The direction of Ben Holmes is smooth and the members of the supporting cast, which include Robert McWade as the judge, and Jean Howard, Louise Latimer, Billy Gilbert, Charles Middleton and Charles Lane as jurors, all give good performances. Moore and Miss Broderick work well as a team and can go on from this to importance as box-office factors. Joseph Henry Steele, associate producer, has given the film good mounting, building a production which should stand high in the average entertainment classification. Production Code Seal No. 2,898. Running time, 69 minutes. "G." "Thin Man" Is $23,000 Draw In St. Louis St. Louis, Jan. 13. — "After the Thin Man" proved the real attraction of the week with a take at Loew's of $23,000 which was $13,000 above the average. It was held. "Three Smart Girls" and a stage show at the Ambassador did $18,500, which was $9,500 above average. "One in a Million" and "Night Waitress" did $17,750, or $3,750 above average at the Fox. At the Missouri there was another plus par bill, "College Holiday" and "Jungle Princess," the take amounting to $12,000. The Shubert-Rialto which was closed by F. & M. on Jan. 8 because of a dispute with unions, was the only house to go below par. The weather was very fine. Principal opposition was hockey games at the Arena and the free commercial shows at the Municipal Auditorium. Total first run business was $81,250. Average is $52,500. Estimated takings for the week ending Jan. 7 : "THREE SMART GIRLS" (Univ.) AMBASSADOR — (3,018), 2Sc-40c-55c, 7 days. Specialty acts in pit. Gross: $18,500. (Average, $9,000) "ONE IN A MILLION" (20th-Fox) "NIGHT WAITRESS" (Radio) FOX— (5,038), 25c-35c-55c, 7 days. Gross: $17,750. (Average, $14,000) "AFTER THE THIN MAN" (M-G-M) LOEW'S — (3,162), 25c-35c-55c, 7 days. Gross: $23,000. (Average, $10,000) "COLLEGE HOLIDAY" (Para.) "JUNGLE PRINCESS" (Radio) MISSOURI— (3,514), 25c-40c, 7 days. Gross: $12,000. (Average, $9,000) "FLYING DOWN TO RIO" (Radio) "RICH RELATIONS" (Superior) SHUBERT-RIALTO — (1,725), 25c-40c, 7 days. Gross: $2,000. (Average, $3,500) "GO WEST, YOUNG MAN" (Para.) ST. LOUIS— (4,000), 25c -40c, 7 days. Stage: Vaudeville. Gross: $8,000. (Average, $7,000) "Plainsman/' Show $40,000 Boston Smash Boston, Jan. 13.— "The Plainsman," with a fine stage show featuring Jane Withers and Marty May in person, drew $40,000 at the Metropolitan, $18,000 above average. "Born to Dance" with "Sinners Take All" drew equally well at both Loew's houses, the Orpheum taking $7,000 above average with $19,000 on the week and $18,000 of the State. This was $7,000 to the good. "That Girl From Paris" at the RKO Memorial drew $17,500. Average is $12,000. "Kelly the Second" and stage attraction with Milton Berle and Oswald drew $24,000 at the RKO Boston. Average is $22,000. Total first run business was : $132,500. Average is $90,500. Estimated takings for the week ending Jan. 7: "SING A LOVE SONG" (F. N.) "CHARLIE CHAN AT THE OPERA" (20th-Fox) FENWAY— (1,392), 30c-50c, 7 days. Gross: $5,500. (Average, $4,500.) "THAT GIRL FROM PARIS" (Radio) RKO MEMORIAL— (2,907), 25c-50c-65c, 7 days. Gross: $17,500. (Average, $12,000.) "BORN TO DANCE" (M-G-M) "SINNERS TAKE ALL" (M-G-M) LOEW'S ORPHEUM— (2,970). 35c-45c-65c, 7 days. Gross: $19,000. (Average, $12,000.) "BORN TO DANCE" (M-G-M) "SINNERS TAKE ALL" (M-G-M) LOEW'S STATE— (3,037), 35c-45c-65c, 7 days. Gross: $18,000. (Average, $11,000.) "THE PLAINSMAN" (Para.) METROPOLITAN— (4,332), 35c-55c-75c, 7 days. Stage: Jane Withers in person and Marty May, Three Radio Rogues. Gross: $40,000. (Average, $22,000.) "SING ME A LOVE SONG" (F. N.) "CHARLIE CHAN AT THE OPERA" (20th -Fox) PARAMOUNT— (1,793), 35c-50c, 7 days. Gross: $8,500. (Average, $7,000.) "KELLY, THE SECOND" (M-G-M) RKO BOSTON— (3,246), 35c-55c-75c, 7 days. Stage: Milton Berle and Oswald. Gross: $24,000. (Average, $22,000.) Chance Games Legal Problem In 24 States (Continued from page 1) and in the past two years the legality of Bank Night has been argued in 11 high state courts. In seven it has been upheld, and in four it has been classed as a lottery. Lower court decisions in five other states have favored the game. Appeal courts have declared the game illegal in Georgia and Louisiana, and supreme courts in Kansas and Texas. It has been held legal in New York, in two decisions, and in Indiana, Iowa, Maine, Massachusetts, New Hampshire and Tennessee. Lower state court decisions favoring Bank Night have been rendered in Connecticut, Missouri, North Carolina, Pennsylvania and Wisconsin. Federal authorities have voiced objections to the practice, but it never has been actually called illegal by a Federal court. In four cases reaching Federal tribunals the matter involved copyright infringement, not legality. In three cases Bank Night was denied the right to copyright protection, and in only one, in North Carolina, was it successful. Federal courts in Maine, Massachusetts and Colorado ruled the game was not entitled to copyright protection, the Colorado court declaring Bank Night has no standing in equity because it too closely resembles a lottery. Postal Dep't. in Opposition In May, 1935, the U. S. Postoffice Dep't. ruled that cash giveaways are lotteries, and that periodicals carrying advertisements of them would be barred from the mails. Numerous postmasters have said the order will hold despite state court decisions. The general indication from recent court decisions is that the practice of allowing anyone to register for the drawings, without the necessity of first purchasing a ticket, brings the chance games within the law on lotteries. Municipal authorities have waged an almost ceaseless campaign against the games, and in many cases have received the support of opinions of local and state officials. Following the dissolving by the Superior Court in Chicago of an injunction restraining the police from interfering with Bank Night, all chance games have been prohibited there by city ordinance. Chicago Appeal Permitted Chicago, Jan. 13. — Judge Niemeyer of Superior Court today granted a certificate of importance enabling the attorneys for 34 theatres here to appeal directly to the Illinois Supreme Court from his ruling of Monday which held Bank Night drawings to be illegal. Edmund Adcock, who represents the theaters, said that the appeal will be filed in time for the April term of the high court. "Blossoms" Opens "Broken Blossoms" opened yesterday at the Belmont. The film is presented in a continuous performance policy.