Motion Picture Daily (Jan-Mar 1937)

MOTION PICTURE DAILY Wednesday, February 17, 1937 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 41 February 17, 1937 No. 40 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN, Editor J. M. JERAULD, Managing Editor JAMES A. CRON, Advertising Manager Published dally except Sunday and holidays by Quigley Publishing Company, Inc.. Martin Quigley, president: Colvln Brown, vice-president and treasurer. „, ' , Publication Office: 1270 Sixth Avenue at Rockefeller Center. New York. Telephone. Circle 7-3100 Cable address: -Quigpubco, New York " All contents copyrighted 1937 by Quijrley Publishing Company. Inc. Address all corresponduncB to the New York Office. Other Quigley publlcaUons: MOTION PICTURE HERAI.D BETTER THEATRES. TEATRO AL DIA. INTERNATIONAL MOTION PICTURE ALMANAC and HOLLYWOOD: Postal Union Life Building. Vine and Yucca Sts.; Boone Mancall, Manager. CHICAGO: 624 S. Michigan Ave.. C. B. O Nelll, WASHINGTON: Albee Building, Bertram F. Linz, Representative. _.•„. . AMSTERDAM: Zuider Amstellaan 5: Philip de Schaep. Representative. BERLIN: Steulerstrasse 2. Berlin W. 35: Joachim K. Rutenberg. Representative. BUDAPEST: 3 Kapldr-u, Budapest II; Endre Hevesl, Representative. BUENOS AIRES: Corrtentes 2495; N. Bruskl, Representative. , HELSINKI: Fredrlksgatan 19C; Charlotte Laszlo. Representative. LONDON: 4 Golden Square, W. 1: Bruce Allan, Representative. Cable address. Quigpubco, Lon MELBOURNE: Regent Theatre Buildings, 191 Collins St.: Cliff Holt. Representative. MEXICO CrrY: Apartado 269; James Lockhart, Representative. MOSCOW: Petrovskl Per 8; Beatrice Stem. Representative. _ MONTEVIDEO: P. O. Box 664; Paul Bodo. Rep PABIS: 29 Rue Marsoulan; Pierre Autre. Repre PRAGUE:'Uhelny trh 2, Prague 1; Harry Knopf. Representative. RIO DE JANEIRO: Calxa Postal 3358; A. Weissman. Representative. ROME: Viale Gorlzia; Vittorio Malpassuti, Rep SHANGHAI: Rooms 38-41, Capital Theatre Building. 142 Museum Road; J. P. Koehler. Bepre TOKYO: 880 Sasazuka. Ichikawa-shl. Chiba-Ken; H. Tominaca, Representative. VIENNA: Neustlftgasse, 55, Vienna VII: Hans Lorant, Representative. WARSAW: Sienna 32; R. Slllel, Representative. Entered as second class matter. January 4, 1926. at the Post Office at New York City, N. Y.. under Act of March 3. 1879. Subscription rates per year $6 In the Americas, and foreign $12. Single copies: 10 cents. Balsdon Gaining in California Hospital Los Angeles, Feb. 16. — Although his condition is still regarded as serious, George Balsdon, National Theatres' booker, is showing signs of recovery, according to local offices of FWC which is in constant touch with the Stockton Hospital. Balsdon is now taking food, dresses himself and also talks to people, although he does not recognize his family or associates. However, local FWC executives expect he will snap out of his semi-consciousness in a few days. Meanwhile, Sumner Gambee, vicepresident of National, and Nick Turner, also injured in the recent auto crash, are rapidly improving. There is no definite word when they will be discharged from the hospital. H amnions Silent on Plans Hollywood, Feb. 16. — E. W. Hammons today told Motion Picture Daily that he had no production plans to announce at the moment. A statement may follow a week's rest at Palm Springs, he said. Although it is reported that Hammons is seeking additional finances, he stated that Educational's reorganization is now complete. Momand Appeal Case Is Opened in Denver Denver, Feb. 16. — Oral arguments in case of A. B. Momand of Oklahoma City against distributors and theatre companies of that city alleging conspiracy and restraint of trade started here today in U. S. Circuit of Appeals after Momand had refused to amend his complaint and make it more specific in several instances. The U. S. District Court, Western Division of Oklahoma, had dismissed Momand's case and Momand appealed in an attempt to force a trial in the case. Appellant distributors and theatres charged in their brief that Momand was trying to make an investment of fifteen dollars and other valuable considerations grow into a possible judgment of close to $5,000,000 by asking triple damages under the anti-trust laws. The record shows Momand had paid the $1 and other considerations for each of several claims similar to his and was combining them. The cases covered nearly twenty-five theatres in a dozen Oklahoma towns. In most cases Momand claimed other chains came in, making it hard for him to secure films on an equitable basis. Decision is not expected for several weeks. Sues Columbia, Warners Ferdinand Voteur, a writer, will ask permission of Justice Aaron J. Levy in N. Y. Supreme Court today to examine before trial officers of Columbia Pictures Corp. and Warner Bros. Enterprises, Inc., in connection with suits which he has filed against them. His suits are separate. In one action, according to the plaintiff's attorney, Voteur asks $1,000,000 damages from Columbia charging that, after rejecting his play, "Resurrection Morning," they produced "The Man Who Lived Twice," which was substantially similar in plot and in its characterization with the plaintiff's work. In the other suit Voteur asks $250,000 damages of Warner Bros, and its co-defendants, Intrastate Theatres Corp. He states that Warners reviewed his play, rejected it and then produced "Walking Dead," which was similar to "Resurrection Morning." Ramona's Motion Denied Justice Joseph M. Callahan in N. Y. Supreme Court denied the motion yesterday brought by Ramona for an order which will declare null and void her contract with Paul Whiteman and the Artists' Management Bureau. Sue Over Song Use Trial of a $100,000 damage suit brought by the Casino de Paree Prod., Inc.. against Warner Bros, and Vitaphone, Inc., began late yesterday before Justice Tulius Miller in the N Y. Supreme Court. The Casino alleeres that in February. 1935, it produced a sketch entitled "The Postman Always Rings Twice" which contained a sonsr "men I Hear My Door Bell." The defendants, it is charged, without permission used the song in their picture "The Doorman's Opera." In their answer the defendants said the song was written by Lew Brown and Harry Akst and was published bv Harms. Inc., from whom they got permission to use it. Films Top Stage Providence, Feb. 16. — The talking picture has become the substitute for the theatre, according to Elmer Rice, who spoke to the Jewish Community Centre here. "Films," he said, "succeed because they are economically practical." The only hope of revival for the theatre, Rice thinks,' is to treat it only as an art, an educational medium or a social force. Public subsidy, similar to that given through the WPA theatre projects, would be a help, the playwright said. of Irving Trust Company of New York, trustee in bankruptcy for Charles Dillingham, U. S. District Judge Yankwich today granted a bankruptcy petition here. Ancillary proceedings to the action filed in New York were occasioned by R. H. Burnside, former Dillingham associate, who is now here and who has manuscripts in his possession listed in assets. Referee E. R. Utley has been assigned to clear up the details. Manager Status Up in Suit The question of whether the manager of a film actor also fills the role of an employment agent and, therefore, must have a license to comply with the New York state law on the operation of an employment agency appeared to be the principal issue in a case before Justice Samuel I. Rosenman in N. Y. Supreme Court yesterday. The case was that of Sylvia Sander, who has sued Alexander D'Arcy for $314.58, charging that he owes that amount as commission for parts which she obtained for him with Warners last summer. D'Arcy has countered with an action for $517.60, alleging that Miss Sander owes that amount to him because of loans made by him to her. D'Arcy counsel asked Justice Rosenman to dismiss the manager's complaint because in agreeing to find employment for him she was violating the New York general business law in that she has no license to conduct an employment agency. Barrymore Asks Extension Los Angeles, Feb. 16. — John Barrymore today petitioned the Bankruptcy Court here for an extension of time to meet his debts. Debtors petition was filed under Sec. 74 of the Bankruptcy Act as amended. Barrymore was ordered to file assets and liabilities within 10 days. Vocafilm Suit Postponed Hearing on the action brought by Vocafilms against A. T. & T., Erpi and Western Electric, in Federal Court, has been postponed until April 15. The suit charges violation of the Sherman Anti-Trust laws and seeks $65,953,125 damages. Grant Dillingham Petition Los Angeles, Feb. 16. — On petition Tri-States in Lease Suit Cincinnati, Feb. 16. — Tri-States Theatres, Inc., lessees of the Empress, playing burlesque and pictures, have brought suit in Common Pleas Court against the Lasco Corp., owners of the building, seeking an injunction to restrain the owners from dispossession proceedings, Iowa Group Attacks Bank Night Ban Bill Des Moines, Feb. 16. — The IowaNebraska Allied-Independent Theatre Owners voiced strong disapproval of the Bank Night bill now before the Iowa House, in a business session of the two-day annual convention of the exhibitor organization here today. It was said the measure, if passed, "would knock out half of the independent theatres in the territory." About 75 are attending. Another bill, to divorce production and exhibition, similar to that passed by the North Dakota House recently, was discussed by Al Steffes, Minneapolis, and H. M. Ritchey, Detroit, representing national Allied. A proposal to enact a designated playdate bill similar to those drawn in Ohio and Wisconsin was discussed, this bill to give Iowa police power for its enforcement. Such a bill will be introduced at the present session of the legislature. Commenting on the Senate bill providing that minors should not be permitted to attend film shows featuring players who have been divorced, President Leo F. Wolcott of Eldora said the theatre owners are opposed to this bill, as they could get few, if any pictures to present. Resolutions were passed voting opposition to the publication of box-office receipts in trade papers, promotion by distributors of theatres in towns where they cannot sell product and the 10-point trade practice program of M. P. T. O. A. All officers were reelected. They are : Wolcott, president ; Charles Peterson of Hampton, la., secretary; H. A. Larson of Oakland, Nebr., vicepresident; W. A. Dutton of Manchester and E. C. Potter of New Hampton, directors. M. L. Dickson of Mt. Pleasant, la., and Wesley Mansfield of Tama were named as new directors. No New Ohio Levies -% Columbus, Feb. 16. — With a total of 955 new bills introduced in the Ohio legislature between the time it convened Jan. 4, and the deadline for filing late last week, many of the taxation measures affecting the film industry, the Inter-Organization Conference, backed by business interests, has gone on record with the statement that no new taxes would be required for 1937 and 1938. Check Milwaukee Fee Bill Milwaukee, Feb. 16. — Concerted action by Milwaukee county exhibitors has resulted in the pigeon-holing of the proposed ordinance to raise theatre license fees here from the present flat of $30 fee to a sliding scale of $30 to $100, depending upon seating capacity. Bill Hits a Snag Bismark, N. D, Feb. 16.— The bill, sponsored by Allied of the Northwest and designed to divorce production from exhibition, has struck a snag in the Senate with introduction of an amendment to exclude theatres currently owned and operated. Tax Measure in Wisconsin Madison, Wis., Feb. 16. — Among new tax measures proposed by the League of Wisconsin Municipalities to raise more than $14,000,000 annually, is a bill introduced in the state assembly providing for a 10 per cent tax on theatre admissions.