Motion Picture Daily (Apr-Jun 1940)

6 Motion Picture Daily Wednesday, May 22, 1940 J U.S. Will Question 23 Film Executives in Trust Suit 'Husbands' Is Philadelphia High, $14,100 Philadelphia, May 21. — In face of weather factors and three carnival shows, grosses failed to rise above average. Only consolation was the -Si 4.1 (JO registered by "Too Many Husbands" at the Boyd and "Buck Benny" with $11,400 for its second week at the Fox. Estimated takings for the week ending May 14-17: "A Bill cf Divorcement" (RKO) ALD1NE — (1.000) (32c-42c-57c-6Sc) 7 days. Cross: $8,000. (Average. $S.000) "Primrose Path" (RKO) ARCADIA — (6C0) (32c-42c-S7c) 7 days, 3rd run. Gross: $2,700. (Average, $2,600) "Too Many Husbands" (Col.) BOYD— (2.400) (32c-42c-57c-68c) 7 days. Cross: $14,100. (Average, $13,000) "On Their Own" (20th-Fox) CARMAN — (2,500) (26c-32c-42c) 7 days, with vaudeville bill including Harry Therrien, Large & Morgner, Bert Nagle & Co., Yal Irving & Co.. Al Norman and the Four Sidneys. Gross: $6,000. (Average, $5,200) "Johnny Apollo" (20th-Fox) EARLE — (4.000) (32c-42c-57c-68c) 7 days, 2nd week. Gross: $S,600. (Average, $14,000) "On Their Own" (ZOth-Fox) FAY'S— (2,000) (15c-25c-32c-40c-57c) 7 days, with vaudeville bill including Diane Raye, Madge Carmyle, Virginia Dare (McNaughton), Carr Brothers, Jim Pennman, and Harry Holmes & Co. Gross: $6,370. (Average. $7,200) "Buck Benny Rides Again" (Para.) FOX— (3,000) (32c -42c -57c -68c) 7 days, 2nd week. Gross: $11,400. (Average, $13,000) "My Son, My Son" (U. A.) KARLTON— (1,000) (32c-42c-57c-68c) 7 days, 2nd run. Gross: $4,700. (Average, $3,000) "Rebecca" (U. A.) KEITH'S— (2,200) (32c-42c-57c-68c) 7 days, 2nd run. Gross: $4,900. (Average, $4,500) "Saturday's Children" (W. B.) STANLEY— (3,700) (32c-42c-57c-68c) 7 days. Gross: $12,100. (Average. $14,000) "Blondie on a Budget" (Col.) STANTON— (1,700) (32c-42c-S7c) 7 days. Gross: $3,400. (Average, $4,500) Court Affirms Hart $300,000 Verdict Albany, May 21. — Ending nine years of litigation, the Court of Appeals today affirmed without opinion a judgment of $300,000 in favor of William S. Hart against United Artists. During the years the suit has been in the lower and appellate divisions of both the Federal and State courts. In 1938, a verdict of $85,000 was rendered in favor of Hart, but U. A.'s appeal was successful and a new trial was ordered. On the second trial, however, the verdict was increased to $300,000, which included the interest. Hart charged that his 1925 production, "Tumbleweeds," was improperly block-booked with "Wild Justice" and that, as a result, he suffered a loss on the deal although the total gross was $7,100,000. House, Grossman, Vorhaus & Henley represented Hart. Miss Neagle, Wilcox Are Due Here Today Anna Neagle and Herbert Wilcox, star and producer, respectively, of RKO's "Irene," will arrive here today from Philadelphia on their personal appearance tour. They will appear at the opening of the film at the Radio City Music Hall tomorrow, with Miss Neagle dancing a waltz with David Tihmar as part of the star sltfnv. {Continued from papc 1) and a large number of other executives whom the Government plans to call will probably be placed on the stand immediately after both sides complete their opening arguments before Judge Henry W. Goddard, it is understood. Company officials served with subpoenas follow : Paramount: Adolph Zukor, chairman of the board; Barney Balaban, president; and Neil F. Agnew, vice:president and general sales manager. 20th Century-Fox: Sidney R. Kent, president; Herman Wobber, general manager of distribution; William Kupper and William Sussman, Western and Eastern sales managers, respectively, Spyros Skouras, bead of National Theatres; William P. Philips, director; and Truman Talley, vicepresident and general manager of Movie tonews. Warner Bros.: Gradwell L. Sears, general sales manager. United Artists: Maurice Silverstone, president; L. J. Schlaifer, vice-president and Western sales manager; Samuel Goldwyn, producer; and Harry Gold, vice-president and eastern general sales manager. RKO: Ned E. Depinet, vice-president. Universal: Nate J. Blumberg, president; William A. Scully, general sales manager. Columbia: Harry Colin, president; .Tack Cohn. vice-president; and Abe Montague, general sales manager. Selznick International : David O. Selznick, president. Republic Pictures: J. R. Grainger, president. Present Government plans also call for the service of subpoenas on Joseph Schenck, president of 20th CenturyFox ; Charles Chaplin ; Darryl F. Zanuck, vice-president of 20th CenturyFox ; and Louis B. Mayer, vice-president of M-G-M. The Department of Justice has already obtained judicial consent to call these executives. On application of the Government, Federal Judge John T. Clancy yesterday authorized the issuance of subpoenas for H. P. V an Pelt, special agent of the Federal Bureau of Inves Coast Flashes Hollywood. May 21. — The Office Employes Union, A. F. L., today filed notice of intervention in the N.L.R.B. case through which the Screen Office Employes Guild seeks certification as collective bargaining agency for all studio office workers. The union has demanded a closed shop agreement for control of Central Casting Corp. employes, and this is the start of a move to bring studios within its scope. Sidney R. Kent, president of 20th Century-Fox, and Charles E. McCarthy, director of advertising and publicity, leave Friday for New York after five days at the studio. Ned Mann testified in his Federal court suit today against Walt Disney Productions, explaining his system of synchronizing human motions with cartoon drawings, which he claimed Disney infringed. RKO will release "Hans Brincker and the Silver Skates," to be produced by Jack Gallagher with Irene Dare and George Bancroft in the leads. Al Green will direct. tigation and George K. Spoor. Both prospective witnesses reside in Chicago. V an Pelt has taken part in the Government investigation of the theatre situation in Chicago. Five independent producers have been called from the Coast by the Government. They are Richard Rowland, I. E. Chadwick, William W. Hodkinson and Jesse Goldburg. The Government has also subpoenaed 36 exhibitors in the Philadelphia area in an effort to prove that the majors have monopolized first-run exhibition in that city. These will testify early in the trial. Philadelphia exhibitors include: David Barrist; Allen M. Benn, Belmont Theatre; Herbert Elliott, Fern Rock; Ben Fertel, New Colonial; William Goldman; George T. Graves, Carman; Robert H. Hexter. Point Breeze; Thomas Lazarick, New Ritz; David Milgram; George Naudascher, Cambria; Harry Perelman, West Allegheny; Milton Rogasner, Iris; Henry Rosinsky. New Broadway; Sam Somerson, Palm; William Spiegel. New Lyric; Charles Segal]; Columbus Stamper, Rivoli; Samuel VValdman, Garden; G. F. Wielland; I. Yaffe, Unique; David Shapiro, Admiral. Also, H. A. Batastini, Alpine, Punxsutawney; Joseph Conway, Egyptian; BalaCynwyd; William Davis, Triangle, Pittsburgh; Albert Fischer, Keswick, Glenside; Harry Fried, Suburban, Ardmore; Henry Friedman, Lansdowne, Lansdowne; Thomas A. Gilbert, New Oakland, Pittsburgh; Melwin Koff, Darby, Darby; Chris Lampros, Capitol, Farrell; M. E. Ouslander, P'inebrook, Scranton ; Harry Stahl, NuLtma, Sharon; Al. Joseph and William Weiss. McKeesport; Joseph Wodock, County Theatre, D'oyleston. The Government also added to the list of prospective witnesses the names of Elmer Pearson, former vice-president of Pathe Exchange, and Charles Morse of Boston. Samuel Goldwyn, who was subpoenaed yesterday, plans to leave New York for the Coast at the end of this week but told Department of Justice officials that he would be available as a witness whenever called. Court Rules RKO May Hire Lawyer Federal Judge William Bondy yesterday ruled that RKO does not require judicial permission to retain a new law firm to represent it at hearings for allowances in RKO reorganization proceedings. The decision was rendered after RKO applied for au thority to retain an unnamed firm of attorneys under the Chandler Act. Judge. Bondy refused to pass on a question raised by RKO whether the company would require judicial sanction for the terms of compensation for its new counsel. The latter application was premature, Judge Bondy said. Allowance hearings are scheduled for May 28. Tom Pettey to Leave Post with Producers Hollywood, May 21. ■ — Tom S. Pettey has resigned as publicity director of the Producers Association and advertising code executive, effective June 1, to be Hollywood correspondent for PM, forthcoming New York newspaper, covering films and radio. He has beenin Hollywood four years, following a year with the M.P.P.D.A. in New York. He formerly was a Washington correspondent. 'Irene' Pulls $17,000, Best Frisco Gross San Fkancisco, May 21. — "Irene" \ opened with a big $17,000 at the j Golden Gate. "Buck Benny Rides ] Again," paired with "Tear Gas Squad" ! at the Fox, drew $17,000 in the .sec J ond week. "20 Mule Teami^'ipd "Double Alibi" scored $13,800 Hv.rne \ Paramount. Estimated takings for the week end | ing May 14-17 : "Irene" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: Vaudeville. Gross: $17,000. 4 (Average, $15,000) "If I Had My Man" (Univ.) "Honeymoon Deferred" (Univ.) ORPHEUM— (2,440) (15c-30c-35c-40c) 7 days. Gross: $9,200. (Average, $8,000) "Buck Benny Rides Again" (Para.) "Tear Gas Squad" (W. B.) FOX — (5, COO) (15c-30c-35c-40c) 7 days, 2nd , week. Gross: $17,000. (Average, $16,000) "20 Mule Team" (M-G-M) "Double Alibi" (Univ.) PARAMOUNT— (2,740) (15c-30c-35c-40c) 7 days. Gross: $13,800. (Average, $11,500) . "Rebecca" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c55c) 7 days, 8th week. Gross: $6,800. (Av \ erage, $8,000) "Lost Horizon" ST. FRANCIS— (1,400) (15c-30c-35c-40c) \ 7 days. Gross: $5,800. (Average, $6,000) 1 "Floriar." (M-G-M) "Grandpa Goes to> Town" (Rep.) WAR FIELD — (2,680) (15c-30c-35c-40c) 7 1 days. Gross: $11,500. (Average, $12,000) "Life of Giuseppe Verdi" (Foreign) CLAY— (400) (15c-35c-40c) 7 davs, 4th 1 week. Gross: $700. (Average, $1,000) "Slave Ship" (2Cth-Fox) "Music for Madam" (RKO) LARK1N — (390) (15c-35c-40c) 7 days, i Gross: $800. (Average, $1,000) 'Jumbo' Suit Settled Stipulation settling the plagiarism suit of George L. Bard and Rosalind Mia Copping against Billy Rose, John j Hay Whitney, Ben Hecht, Charles ! MacArthur and Billy Rose's Jumbo, j Inc., was filed yesterday in N. Y. Supreme Court. The action, settled P for $500, claimed infringement of I plaintiffs' play "Queen of the Circus" by "Jumbo." Mecca Sues Carmel Suit on a promissory note for $4,000 was filed yesterday in the N. Y. Supreme Court by Mecca Film Laboratories, Inc., against Carmel Productions, Inc., Alfred Traum, president, Samuel Carmel, secretary, and Peter E. Kassler. Payment of the note was refused on presentation, the complaint stated. Herbert Reimer Dies San Francisco, May 21. — Herbert Reimer, widely-known head of Foster & Kleiser's theatrical department, died here after a brief illness. For years he arranged outstanding billboard campaigns throughout California for theatrical and film attractions. Harris Quits Loew's Cleveland, May 21. — Milton Harris, for six years publicity director for Loew's theatres in Cleveland, has resigned. He intends to go to California. His successor has not yet been selected. Mono. Exchange Opens f Albany, May 21. — Monogram held a house-warming at its new exchange here yesterday, with Nate Sodikman playing host.