Motion Picture Daily (Apr-Jun 1939)

Motion Picture Daily Monday, June 5, 193! i Neely Defends Bill in Lengthy Senate Report (Continued from page 1) 1937, a salary that exceeded the combined salaries of the 96 United States Senators. Most of all, they fear competition." ..> Neely attacked the producers' trade practice proposals as perpetuating block booking and blind selling, and called attention to the Government's New York suit and its primary purpose of divorcing exhibition from production and distribution. "In no other industry are all of the risks of the manufacturer or producer passed on to the retailer and the consumer," the report said. "The Big Eight designate a certain number of pictures to be paid for on the basis of a stated percentage of the gross receipts of the theatres while showing such pictures. But these designations are not made until after the box-office value of the picture has been determined by test runs, so that no risk is involved so far as the Big Eight are concerned. "The independent exhibitor, in order to get any films, is obliged by contract to accept and pay for all that the producer sees fit to release during the • contract period — one year. He cannot cultivate the good will and suit the preferences of his patrons by selecting the pictures best calculated to please them. Subject only to minor exceptions, the rule is 'All or none'." I To meet objections of producers that Section 4 will be unduly burdensoine, Senator Neely disclosed in his report that he would seek an amendment to the bill, when brought up on the. floor, simplifying the synopses requirements to provide for a general outline of the story and description of the principal characters and a statement describing the manner of treatment concerning any scenes depicting vice, crime of suggestion of sex. Summer Weather Takes Toll of Theatre Receipts Unseasonable summer weather has taken its toll of box-office grosses in key city theatres over the country, according to Motion Picture Daily's tabulation of theatre receipts. The aggregate business of 155 theatres during the week ending May 25-26 was $1,274,050, a decrease of $44,250 from the $1,318,300 total recorded in the week ending May 18-19 from 154 houses. The most recent total compares with $1,639,300 from 154 theatres for the week ending April 13-14. , . Tabulation of key city grosses weekly from Sept. 8-9 follows : No. Theatres Sept. 8-9 138 Sept. 15-16 137 Sept. 22-23 138 Sept. 29-30 137 Oct. 6 7 Oct. 13-14 Oct. 20-21 Oct. 27-28 Nov. 3 4 Nov. 10-11 Nov. 17-18 137 138 138 140 142 141 143 Court Orders Detail In Universal Action Federal Judge John W. Clancy on Friday directed Howard Y. Bary, plaintiff in a $307,000 damage action against Universal Pictures Co., Inc., Lester Cowan, W. C. Fields and Al Wagner and Ann Dempster, trading as Al Wagner Theatrical Agency, to file a detailed statement of his complaint. The plaintiff charges the defendants with inducing the breach of a contract which he had with Alverson Blacaman and his troupe and furthermore claims plagiarism of his story, "A Circus Episode," in the Universal film, "You Can't Cheat an Honest Man." Para's Plea to Kill Stock Suit Delayed Application of Paramount Pictures, Inc., to dismiss the stockholders' suit brought by Frank Jablow and Sam Acker for alleged waste and mismanagement was adjourned to June 9 because of the service of an amended complaint upon Paramount. Plaintiffs have added to the old complaint by including charges referring to transactions of Paramount with the Hoblitzelle and A. H; T31ank circuits^ Nov. 24-25 141 Dec. 1-2 , 142 Dec. 8-9 140 Dec. 15-16 134 Dec. 22-23 139 Dec. 29-30 150 Jan. 5 6, 1939 151 Jan. 12-13 145 Jan. 19-20 • 146 Jan. 26-27 145 Feb. 2-3 ; 147 Feb. 9-10 147 Feb. 16-17 i 146 Feb. 23-24 147 March 2-3 146 March 9-10 147 March 16-17 155 March 23-24 154 March 30-31 151 April 6-7 1 151 April 13-14 154 April 20-21 ' 149 April 27-28 151 May 4-5 154 May 11-12 155 May 18-19 154 May 25-26 155 {Copyright, 1939, Quiglcy Publishing Company, Inc.) Gttoss $1,572,099 1,407,481 1,382,059 1,398,4381,519,793 1,429,288 1,430,924 1,394,023 1,353,407 1,386,939 1,323,918 1,283,153 1,461,730 1,275,136 1,159,371 1,041,911 1,562,044 1,829,822 1,372,400 1,368,322 1,345,715 1,469,400 1,494,600 1,393,100 1,417,700 1,400,000 1,352,050 1,366,800 1,439,600 1,322,225 1,283,100 1,639,300 1,432,900 1,401,600 1,386,280 1,352,845 1,318,300 1,274,050 Judge To See 'Spy' In Kuhn Suit on Film Hollywood Preview "The Sun Never Sets" (Universal) Hollywood, June 4. — Designed as a tribute to Britain's consular service, prime appeal of "The Sun Never Sets" is to those to whom the glory of the empire and its servants is a tradition. It is wordy and long drawn out, with spectacular action isolated in the last few minutes. There are many long times in which the characters are merely talking or looking out of windows. Patriotic duty, heroism and sacrifice, of course, are stressed in flagwaving style, yet when the story concerns itself with love interest, pathos is stressed. With an exception or two, comedy is practically absent. For centuries, members of the "Randolph" family have served England in overseas consular service. Maintainence of a proud tradition is the life aim of Basil Rathbone. His younger brother wants no part of it, but is inveigled into service by his grandfather, C. Aubrey Smith. Both are assigned to the African Gold Coast, a point from which a mysterious war-mongering propaganda via radio is emanating. Fairbanks' dereliction in duty in consideration of brother's wife, Barbara O'Neil, who is about to have a baby, brings a disgraceful recall to Rathbone who suspects psuedo-scientist Lionel Atwill as enemy of national peace. Suddenly realizing his duty, Fairbanks spies out Atwill's radio and through the use of an old family phrase brings a fleet of bombing planes to destroy it. The family tradition upheld, Rathbone is reinstated and Fairbanks looks forward to a great career in his country's service. While Fairbanks and Rathbone carry the show, valuable contributions are made by Miss O'Neill, Virginia Field, Atwill, Smith, Melville Cooper and Theodore Von Eltz. Rowland V. Lee was producer and director. Running time, 100 minutes. G. McC. Federal Judge Leibell Friday aske that Warners' film, "Confessions c a Nazi Spy," be shown in U. S. Di; trict Court on June 13 to aid h*'1 j deciding the application of Ifett Kuhn, German-American bund leadei Kuhn seeks to restrain Warners froi showing the film, contending that i untruthfully depicts the Bund as be ing engaged in espionage activities. Affidavits of Stanley Freedmat Leon G. Turrou, former G-man, Mot B. Blumenstock and Carl Leserma were submitted Friday for Warne Bros, charging Kuhn with hypocris; Leserman stated that the film coi $700,000 and had future contracts fo 9,000 play dates, with a total esti mated gross of $1,875,000. Kuhn, in an affidavit, accused War ner Bros, of "attempting to lynch hir in the public eye." Continued argu ment, if necessary, will be heard o June 14. Mexico O.K.'s "Spy" Mexico City, June 4.— The Stat Censor Board here has approve Warners' "Confessions of a Na; Spy." The feature is being release throughout Mexico this week. Interstate Aiding Community Wort Dallas, June 4. — Texas Interstat circuit plans to extend its communit work along lines suggested by Kai Hoblitzelle, president. The circu: is undertaking a campaign in Texa public schools to promote traffi safety with the cooperation of loa theatres. Robert J. O'Donnell, circuit ger eral manager, plans to give specu shows for children, the proceeds be used to purchase badges for junia traffic directors and copies of Irvin. Caesar's "Sing a Song of Safety. Caesar will probably travel south i the fall to "sell" safety to youn ; Texans. He has appeared in man public schools in the east in connec tion with safety programs. Hoblitzelle has also suggeste sponsorship of contests among hig school bands, with probable benefi performances where instruments ar! needed. Authors Win Extra Plagiarism Awan An additional $16,470 was recom mended for Edward Sheldon and Mar garet Ayer Barnes, authors, by Specia Master Kenneth E. Walser in Federa Court Saturday for alleged plagiarisr of "Dishonored Lady" in M-G-M' "Letty Lynton." The authors had pre viously been awarded $532,000 again; Loew's and subsidiaries, on which a appeal will be heard this month. Sat urday's award was made against More dall Realty Corp., operators of tb Capitol.