Motion Picture Herald (Apr-Jun 1931)

60 Belter Ihealres Section May 9, 193: Hot Weather will soon he with us Have you concerned yourself with the comfort of your patrons when the dog days arrive? Have you considered making your theatre a year round profit paying proposition, or will you sit back and watch the crowds swarm into the cooled, comfortable houses? Why not let us make a survey of your house and tell you how much it will cost to install a cooling plant. There are no obligations whatever. This service is free. There are no strings attached to this offer. Our list of over 150 air cooling installations rates us among the leaders in this field. We are thoroughly capable and reliable and our equipment and our methods are endorsed by the leading architects and engineers. Write for air cooling folder. WITTENMEIER MACHINERY CO. 850 No. Spaulding Ave., Chicago, 111. 30 Church St., New York FRANK H. RAFFO CO., San Francisco SODEMANN HEAT & POWER CO. H. J. KELLY AVERY ENGINEERING CO. St. Louis, Mo. New Orleans, La. Cleveland PROJECTION LAMPS The accepted Standard in all parts of the World for the Best Screen Illumination. HALL & CONNOLLY, Inc. 24 Van Dam St., N. Y. C. Why Strike Your Arc on High When You Can Use PERPgCTION REMOTE CONTROL 3Wire Rheostats with Perfection Booster Switches for Perfect Projection Now equipped with solderlesb, adjustable lugs to take wire sizes from No. 4 to 4/0 witiiout any additional cost. SAVES CONDENSERS. CARBONS. CURRENT THE ONLY UNION MADE RHEOSTAT Sold by Your De.nlers or N. T. S. Co.: S. Kaplan; Cont. T. A., Inc. Suitaltiu f(M II. C and Gerieraior Equipments 'if -\n.\ VoltaKe UsmI li.v All LeaJins Tl.eatre.s ThroUKhout the Couiitr.v HOFFMANN-SOONS ELECT. & ENGRG. CORP'N. ^Jf!l. Division 387 First Avenue New York City Coutractinii Electrical Enyinecn — Moz'inti Picture Thcatic Electrical Specialists Theatre Equipment NEW AND USED Snund Kquipiuent. Moving Picturr ^facliirics. Sc-reens. Ojiera Chairs. SiMiIli;;hts. StereopI icons. Generator Sels. Uetleitin;^ Arc J.anips. Cariions. Tickcls and Supplies. Projection Macliines repaired and overhauled. Everything for the Theatre Write for Citiloq "H" MOVIE SUPPLY CO. 844 So. Wabash A\c.. Chicago IMPORTANT! See our page advertisement in the May 9th issue of MOTION PICTURE HERALD BesTone Sound System at the time of this sale, and for a Ion' period of time prior thereto, Myron SmitI had been indebted to his brother in th-, sum of $4,000, and shortly after the sal his indebtedness was discharged by Myroi' turning over to Clyde notes of the Priscill; Theatres, Inc., to the amount of $3,000. Suit was instituted by certain citizens t( invalidate the lease on the grounds that thc^ contract was made through activities or the part of Clyde Smith. After considerable controversy the higher court held the lease void and rendered an opinion requiring the Priscilla Theatres, Inc., to surrender its lease and ordered Myron E. Smith to return to the Priscilla Theatres, Inc., the amount of money paid for the lease. This court explained important law, as follows : "It is important to bear in mind that Clyde Smith took an important part in the negotiations between his brother and the purchaser. ... It was Clyde Smith who apparently prevented the deal between Myron and the Priscilla Theatres from falling through, and he assumed an activei role in the negotiations. ... In determining whether or not a contract such as this is against public policy and illegal, the court is not concerned with the technical rela-| tionships of the parties, but will look behind the veil which enshrouds the matter to discern the vital facts. ... It is unnecessary to discourse on the duties of public officials. Their obligations as trustees for the public are established as a part of the common law, fixed by the habits and customs of the people. Contracts made in violation of those duties are against public policy, are unenforceable, and will be cancelled by a court of equity. No definite rule can be giving indicating the line of demarcation between that which is proper and that which is unlawful. . . . Gauged by the common and accepted standards defining the obligations of public officials, the lease given by the town of Skowhegan to the defendant Myron E. Smith was unconscionable and unlawful. To hold otherwise would be to repudiate the doctrine that he who holds public office is in a position of public trust." Making of Repairs IN ALL litigations involving lease contracts the law of the state in which the building is located controls the status and rights of the contracting parties. Moreover, a theatre operator is expected by law to make minor repairs so that a theatre building may conform with state laws, although the lease is silent regarding such necessary repairs. For example, in Plaza Amusement Company vs. Rothenberg (131 So. 350), a theatre operator entered into a contract leasing certain .property in the city of Meridian, Mississippi, known as the Grand Opera House and the Star Theatre for a term of twenty-five years, giving notes therefor payable for $1,000 each. The notes were dated and payable in New Orleans. Under the law of Louisiana, property {Continued on page 82)