Motion Picture Daily (Apr-Jun 1940)

2 Motion Picture Daily Tuesday, April 9, 194( Decision Reserved On 'Birth' Appeal Albany. April 8. — The appeal of the American Committee on Maternal Welfare against the banning of "The Birth, of a Baby" by the New York State Board of Regents was argued in the Court of Appeals today, with the court reserving decision. Charles H. Tuttle, counsel for the appellants, declared that insufficient evidence existed to justify the ban and that the definition of "indecent" under the motion picture statute is contrary to other court decisions. He cited the fact that the film had been exhibited in 30 states. In answer, the respondents declared that the 12 members of the Board of Regents had been unanimous in voting the ban and that not one application had been made in the two years that the board had agreed to allow its use for educational purposes. Faversham Rites Today Funeral services for William Faversham, 72, one time matinee idol, are to be held at 2 P. M. today at the White Funeral Home, Bay Shore, L. I. He died suddenly Sunday morning. Best known for his role in "Squaw Man" in 1905, Faversham had starred on the American stage for years. Prior to his retirement, he appeared in motion pictures in featured roles, notably in "Becky Sharp." Surviving are two sons, William, Jr., of Boston, and Philip, of New York. Michael Mayen Dies Minneapolis, April 8. — Michael G. Mayen, 46, district manager for all suburban houses of the Minnesota Amusement Co. in Minneapolis and St. Paul, died here Saturday morning. Mayen had been associated with the amusement business since he was 15. PROUD WORDS: I FLV UNITED Distinguished overnight sleeper and scenic day light flights to LOS ANGELES. "The Conti nental," leave 5 :15 pre, and "The Overland Flyer," leave 10:45 pm. Finest meals aloft. Call travel agents, hotels, or UNITED AIR LINES 58 E. 42n<l Street Phone MU-2-7300 4 Purely Personal ► EMANUEL SILVERSTONE has extended his Coast visit another week. • A. E. Sanderson, chief accountant of Ontario Associated Theatres, has returned to his Toronto home from the hospital, having recovered from an operation for appendicitis. • Eddie Sellette, manager of the Albany, and Andrew M. Roy, manager of the Strand, Warner theatres in Albany, have returned to their posts, both having been ill. • Charles Dutkin, manager of the Girard, Philadelphia, has been discharged from the Naval Hospital where he had been a patient for 20 weeks. • Herman Robbins, Howard Dietz, Arthur Mayer, Ilka Chase, W. Ray Johnston, A. P. Waxman, George Skouras at Nick's Hunting Room in the Astor for lunch yesterday. • Haskell Masters, Canadian manaager of United Artists, flew from Toronto to the Pacific Coast on business and is expected back April 15. • James J. Fitzgibbons, vice-president of Famous Players Canadian Corp., Toronto, has motored to Hot Springs, Ark., for a month's rest. • Mrs. Harky Hiersteiner, wife of the owner of the Family Theatre, Des Moines, has returned from a three-week trip to California. • Jack Cohn, Harry Goetz, Ern Westmore, Sam Citron and Arthur Lee lunching at Bob Goldstein's Tavern yesterday. • William T. A. Webb, N. Y. Assemblyman, and manager of Smalley's Sidney, Sidney, N. Y., is vacationing in Florida. • Lester Jeffries, assistant manager of Fay's Theatre, Philadelphia, is in the Presbyterian Hospital there with pneumonia. • Joseph Unger, Barney Balaban. Adolph Zukor, Guy Bolton and Lee Shubert at Sardi's for lunch yesterday. • Arthur Jacobson, talent scout for Paramount, arrived from the Coast yesterday, and is stopping at the Waldorf-Astoria. • Harry Prosdoctmi, Columbia branch manager in Panama, arrived on the Ancon Saturday for home office conferences. • Louis M. Golding. Fabian district manager in Albany, is in town for several days of conferences. • David Niven, now serving with the British Army, has received a commission in the rifle brigade. • Louis Davidson, RKO exploitation representative, has returned from a Chicago assignment. • Tyrone Power and Annabella have returned to the Coast following a brief stay here. • James Drake, veteran exhibitor of St. Louis, is ill with a lung ailment. JOSEPH A. McCONVILLE, Col«J umbia foreign manager, will return Saturday on the Brazil from a two-month business trip to Central and South America. • Louis D. Frohlich and Herman Finkelstein, Ascap counsel, have postponed their departure for Gainesville, Fla., until Thursday. Florida's anti-Ascap law will be tested in Federal court there next Monday. • Frank Lloyd, producer-director, and Cary Grant, star of Columbia's "The Tree of Liberty," were guests at Williamsburg, Va., last night of John D. Rockefeller and Gov. James H. Price. • Martin Quigley, Frank C. Walker, William F. Rodgers, Harry Brandt, Richard C. Patterson, Lowell Calvert, Monroe Greenthal among those at lunch yesterday at Moore's. • Alvaro Reyes, branch manager for Paramount in Bogota, Colombia, has arrived in' New York accompanied by Mrs. Reyes and their son and daughter. Reyes will remain here a month. Keith Goldsmith is en route to Mexico City to assume his duties as 20th Century-Fox managing director for Mexico. At one time he was salesman for the company in Albany. Edward M. Saunders, M-G-M Western division manager, is in Chicago and later this week will be in Des Moines. • Leo Bonoff, of the Madison and Saybrook Theatres, New Haven, and Mrs. Bonoff are on vacation in Miami. • Joel Bezahler, assistant to E. M. Saunders at M-G-M, has returned from a two-week vacation. • Aubrey Schenck, Irving Barry and J. J. Milstein lunching at Lindy's (51st St.) yesterday. Referee Told G.N. ) Assets Insufficient WANTED! FOR STEALING "FORTY LITTLE MOTHERS" FROM EDDIE CANTOR NAME: Chum— Age 8 months HAIR: Little CurlyTEETH: 3 Grand National assets will be iu-ll sufficient, in all likelihood, to pay ; dividend to general unsecured creditors, Joseph Dannenberg, attorney for the trustee, told Referee Peter B Olney, Jr., yesterday at a creditors' hearing. Referee Olney, during the hearing, denied a petition of Gustave A. De Lemos to . reopen bids on r/u\ film rights and to set aside a safHij/'f the rights to Mohawk Pictures for $17,500 and a percentage of Mohawk's gross. Sale to Mohawk was upheld after a ruling that there had been no "fraud" in the bidding and that De Lemos had not been misled as to the amount of claims against G.N. De Lemos had backed his application for a reopening of the bids by offering $37,500 for G.N.'s assets. G.N. now has in its possession the sum of $116,664, Dannenberg said. Before general creditors can receive any payments, $181,099 is to be met in the form of liens, administration expenses and priorities, Dannenberg explained. This includes a $50,000 lien held by National City Bank and Arcadia Pictures; $20,000 lien of the Chase National Bank; $57,099 in past and future expenses, and $54,000 in priority claims, it was said. In addition, it was pointed out that no reserve had been set aside for payment of attorneys' fees and allowances to the trustee. One promising factor to be considered, Dannenberg said, was that he expected G.N. to net between $50,000 and $55,000 on its sale to Mohawk. Funeral Services Held for Heacock Hollywood, April 8.— Funeral | services were held today for Francis Heacock, 35, a member of the Warner Bros, publicity department, who died Friday of injuries incurred in a traffic accident. Pallbearers included Robert S. Taplinger, Carlisle Jones and Irving Rubine, members of the department; Captain Douglas Dawson, Anthony Jones and James Brazee. Jack. IS Warner, vice-president in charge of production, and Charles Einfeld, director of advertising and publicity, were among those who attended the rites. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York City. Telephone Circle 7-3100. Cable address "Quigpubco, New York." Martin Quigley, Editor-in-Chief and Publisher: Colvin Brown, Vice-President and General Manager; Watterson E. Rothacker, VicePresident; Sam Shain, Editor; James A. Cron, Advertising manager; Chicago Bureau, 624 South Michigan Avenue, C. B. O'Neill, manager; Hollywood Bureau, Postal Union Life Building, Boone Mancall, manager, William R Weaver, Editor; London Bureau, 4, Golden Square, London Wl, Hope Williams, manager, cable address "Quigpubco, London." All contents copyrighted 1940 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. Entered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c.