Motion Picture Daily (July–Sept 1938)

1 MOTION PICTURE DAILY The Newsreel Parade 4 "Test Pilot" Action Delayed to Sept. 20 Application for a temporary injunction against M-G-M Pictures, Inc., M-G-M Distributing Corp., Loew's, Inc., and Culver Export Co. by Dolores Lacy Collins, as administratrix of the estate of James H. Collins, was adjourned yesterday to Sept. 20 by mutual consent. Under the terms of the consent M-G-M Pictures must furnish to the plaintiff before Sept. 20 what the defendants claim to be the original story, dialogue continuity, all copies of publicity and a copy of the exploitation book of "Test Pilot." Suit was brought for an injunction against the exhibition of the picture "Test Pilot," damages for $1,000,000 'and an accounting of profits for the alleged plagiarism by the picture of the book of the same name written by Jimmy Collins. Mulhollands Sue Keith B. F. Keith Corp. was named defendant in a $10,000 damage suit filed yesterday in the N. Y. Supreme Court by Sarah and George Mulholland, owners of property adjoining Keith's Prospect Theatre at 329 Ninth St., Brooklyn. The plaintiffs charge that they were compelled to move from their home because the condenser of the cooling system in the Prospect Theatre allegedly caused unusual noises and vibration while in operation. The defendants will apply today to Justice Ferdinand Pecora to dismiss the complaint claiming that a similar suit in Brooklyn by the same plaintiffs had been previously dismissed after trial. Reserve Atlantic Ruling N. Y. Supreme Court Justice Ferdinand Pecora yesterday reserved decision on the application of Atlantic Film Productions, Ltd., to vacate a warrant of attachment against Atlantic by George McLeod Baynes, the plaintiff, in his suit to recover $30,000 from Atlantic for alleged commissions due. Ellis Leaves for N. Y. Hollywood, Aug. 2. — Completing the taking of depositions here in the stockholder suit against executives of Loew's, Inc., charging illegal disbursements of money, Emil Ellis, New York attorney, left tonight by train for New York to complete the examinations. He took with him a voluminous file of records, charts and contract copies to use in the questioning of Nicholas J. Schenck, J. Robert Rubin and other of the company's executives in the east. Kelly "U" Producer Hollywood, Aug. 2. — Burt Kelly, veteran film producer and recently aide to Nat Levine when the latter was at M-G-M, today was signed to a one-picture deal with options as associated producer at Universal. His first assignment will be "West Side Miracle." Shooting Around Lamour Hollywood, Aug. 2. — Paramount, in producing "St. Louis Blues," will shoot around the sequences featuring Dorothy Lamour while the actress is in Good Samaritan Hospital recovering from an appendicitis operation performed last Sunday. The war in China, Douglas Corrigan interviews, a baseball game in Hollywood with film players cutting up for charity and a varied assortment of other attention-holding events mark the current issues of the newsreels. The reels and their contents follow : Movietone News: Air raid in Hankow. King and Queen of England in France. N. Y. World's Fair takes shape. Corrigan talks about his "mistakes." Henry Ford celebrates his birthday. Lew Lehr comments on a roller-coaster wedding. Blind golfer plays Robert ("Believe It Or Not") Ripley. Film players baseball game on coast. News of the Day: British royalty in Paris. Corrigan interview. War in China. "Hell" divers at Norfolk. Stratosphere flight over Burbank. Ponies on Chincoteague Island. Va. Henry Ford's birthday. Auto race at Langhorne, Pa. Baseball in Hollywood. Paramount News: British rulers in Warners Will Open In London Oct. 11 Oct. 11 has been set as the date for the opening of the Warner Theatre in London, on the site of the old Daly's. It is Warners' first house on foreign soil. Jack L. Warner and Mrs. Warner will attend the opening, as will Sam E. Morris, vice-president in charge of foreign activities. Herman Maier, Warners' chief construction engineer, will sail on his fourth trip to London Sept. 7 in connection with construction of the house. The opening attraction will be "Adventures of Robin Hood." Prominent Britishers will be invited to the formal opening, which will be for the benefit of the Cancer Hospital. Will Pepper, for many years manager of the Regent in London, will take over his duties as manager of the Warner Sept. 5. Robert Reiley Is Dead Robert E. Reiley, owner and operator of the Capital in Riverhead, L. I., died Sunday at the Columbia Medical Center. He was 63. Mr. Reiley built the Capital 16 years ago and had operated it continuously. Prior to that he operated houses here. He is survived by Mrs. Reiley, eight brothers and a sister. De Titta to Paris Soon Washington, Aug. 2. — Arthur De Titta of Movietone News will leave here shortly for Paris where he will assume his new post. At a recent testimonial dinner Mr. De Titta received wires from President Roosevelt, Marvin Mclntyre, Postmaster General Farley and Secretary of State Cordell Hull. To Have Boston Outing Boston, Aug. 2. — An exchange and theatre field day will be held by Greater Boston film men at Fieldson Park in Marshfield, August 16. Patrick F. Healey, state censor, heads the committee. Kelley Returns to Desk Washington, Aug. 2. — Andrew R. Kelley, drama editor of the Washington Times, has returned to his desk after a three-week vacation. Paris. Fire on Vancouver waterfront. City girls take up ranching. Henry Ford's birthday. Funeral of Queen Marie of Roumania. Baseball game in Hollywood. Air raid in Hankow. Corrigan talks with Ambassador Kennedy in London. RKO Pathe News: Olympic swimmers in A.A.U. championship contests in Louisville. Fun«ral of Queen Marie. Narcotic squad destroys marihuana in Brooklyn. Father Divine takes over Krum Elbow estate. Czechoslovakian democrats celebrate 60th anniversary of existence. Sinclair Lewis makes debut as an actor in production of his "It Can't Happen Here" at Cohasset, Mass. Hollywood plays baseball for charity. Bombing of Wuhan, China. Universal Newsreel: Howard Hughes in Chicago and Houston. British royal visit to Paris. Disappearance of Hawaii Clipper. Waterfront fire in Vancouver. Air raid in Hankow. Father Divine goes to Krum Elbow estate. Wedding on a roller coaster. Blind golfer plays Robert Ripley. Film actors play baseball in Hollywood for charity. Rodeo in Cheyenne. New Canada Games Ban Put Into Effect Toronto, Aug. 2. — Effective today under the new provisions of the Criminal Code of Canada, all slot machines and all games of chance, such as Bingo, Bank Nights, HousieHousie, etc., which have provided stiff opposition for theatres in recent years, are illegal, and police departments throughout the Dominion have been instructed to enforce the terms of the revised clauses of the code. Teeth have been supplied to the criminal law by amendments adopted by the Parliament of Canada by designating as "a common gaming house" those premises where machines or games are played and stiff penalties, including both fine and prison terms, have been laid down for proprietors, operators and patrons on conviction in local police courts. Further, municipal governments are in the position of having the privilege of cancelling, following conviction, the annual licenses of proprietors or operators for the sale of tobacco, soft drinks, refreshments or other commodities which are regulated by permit because the place of business or public hall has been proven to be a common gaming house. Louis Hyman on Coast Hollywood, Aug. 2.— Louis Hyman. in charge of distribution for Principal Productions, returned today from New York after setting a tentative deal for the distribution of "The Terror of Tiny Town" and other midget films. He would not disclose the company interested, saying that an announcement would be made next week. To Reopen in Cincinnati Cincinnati, Aug. 2.— The RKO Shubert, which played a stage show and picture policy last season, and went to straight films just before going dark some six weeks ago, will reopen Aug. 19. "Alexander's Ragtime Band" probably will be the inilial picture. M-G-M Buys Sayers Nove Hollywood, Aug. 2. — M-G-M has acquired the film rights to Dorothy M. Sayers' mystery novel, "Busman's Holiday." Wednesday, August 3, 1938 Short Subject March of Time, No. 13 (RKO) "Man at the Wheel," the first subject in this issue, is an exposition of the highway traffic problem and presents exploitation possibilities for exhibitors in the way of tieups with civic groups, city and state officials, etc. With the nation becoming tr-JT1 . safety conscious, this dramatization^ the hazards of the road is sure to have wide appeal. The enforcement, educational and engineering phases of the problem are dealt with interestingly. Authenticity is evident. The second topic graphically describes the growing threat to Britain's Gibraltar from the increasing menace of the Fascist ring centered in Tangier. Though in officially neutral territory, agents of Mussolini and Franco have succeeded in gaining the upper hand politically and Tangier looms as a foreboding threat to Britain's dominance of the Mediterranean. The action and narration are absorbing. Running time, 18 mins. "G." Columbia Signs Two Circuit Franchises Two-year franchise deals were closed by Columbia yesterday with the Feiber & Shea and Milgrim & Schwartz circuits. The deal with the former is for the company's entire schedule for both years in 29 theatres of the circuit. The other is for the complete schedule for 13 theatres. The negotiations were handled by Louis Weinberg, circuit sales head for Columbia, and E. C. Grainger and Richard Kearney for Feiber & Shea, and H. E. Weiner, Philadelphia branch manager for Columbia, and C. M. Felt and R. Schwartz for Milgrim & Schwartz. Home Office Takes Stand on Licensing By AUBREY FLANAGAN London, Aug. 2. — A significant lead on the possible future attitude of the Home Office in the overbuilding situation is given in a letter from the Home Office to the Wiltshire County Council asking guidance on the Barnstable decision. Under the 1909 Act, the Home Office warns, it has power to refuse licenses on the grounds of public safety or undesirability of licensees and on no other grounds. The deduction from this is that licenses cannot be refused on the ground that there has been overbuilding. Quebec Renews Fight On Admitting Youths Montreal, Aug. 2. — War on theatre owners who admit children under 16 years of age to their shows has been declared anew by the provincial attorney general's department. Summons were served today on four operators. Since the law was passed several years ago following the Laurier Theatre fire when more than 70 children lost their lives, children under 16, whether accompanied by parents or not, have been barred from picture shows except on rare occasions.