Motion Picture Herald (Nov-Dec 1937)

68 MOTION PICTURE HERALD December II, 1937 IN COURTS Court Expedites Roxy Fee Action In an effort to speed final adjustment of fees for attorneys and committees in the Roxy theatre reorganization Federal Judge Francis G. Caffey announced that he was issuing a series of opinions dealing with each application for a fee, as he decided it. Two opinions rendered Monday revealed that Judge Caffey "would resort to apportionment" because applications for allowances were more than double the amount available. Exact figures were revealed Monday were $636,788 in applications with $287,000 on hand. The claim of Carl Erikson for brokerage fees amounting to $50,952 was formally expunged. Clarence Bonynge, official stenographer, was allowed $5,063 and Barrow, Wade and Guthrie, accountants, were allowed $6,934. Decision was reserved on a request for an additional $6,500 by the accountants. A number of attorneys for bondholders' committees were allowed $1,763 as disbursements. Hart $185,000 Suit Against UA Dismissed An action brought by William S. Hart and Mary Hart, operating under the name William S. Hart Company against United Artists for alleged withholding by the latter of $185,000, alleged to be due them as their share of the gross accrued from the distribution of the film "Tumbleweed," was dismissed last week by Federal Judge John W. Clancy in New York. The Harts had claimed that United Artists had blockbooked their picture with "Wild Justice," and, as a result, the revenue they claim was due them was cut down. The Harts still have another suit pending in the amount of $500,000 against United Artists in supreme court, which is not affected by Judge Clancy's ruling. MGM, Fox Awarded $6,750 In Short Subject Action Metro Goldwyn Mayer Corporation, MGM Distributing Corporation, Twentieth Century-Fox Film Corporation, together with three of the latter's subsidiaries, were award $6,750 in an action against Benjamin M. Rossassy, president of C and F Amusement Corporation, operators of the Adelphi theatre, Brooklyn. The defendant was charged with showing short subjects during extra time for which they had not been contracted in violation of the copyright law. Twentieth Century-Fox received $4,500 and MGM $2,250 from two juries before which the cases were tried, in Federal court in New York. Mr. Rossassy, according to the plaintiffs, exhibited TerryToons on eighteen occasions without having contracted for them and Happy Harmonies on six occasions. The defendant, it was said, could have rented the films for some $9 for the extra time showings. B & K Employees Elect Bruder Roy Bruder, manager of the Chicago theatre, Chicago, is the newly elected president of the Balaban and Katz Employees Association. R. C. McMullen, Granada theatre, is vice-president in charge of welfare activities. Ben Bloomfield of the Oriental is vice-president in charge of entertainment and Earl Truelich of the Century is vicepresident in charge of athletics. E. C. Trunk of the headquarters staff was reelected treasurer, and Mabel Meyers, secretary. 9 'Stella Dallas' Campaigns Picked By U.A., Herald Nine theatre exploitation men shared the $1,025 in prizes offered by United Artists, in association with the Motion Picture Herald, for the best local publicity campaign on Samuel Goldwyn's "Stella Dallas." The final judging was completed Monday by a committee composed of George J. Schaefer, A. W. Smith, Jr., and Monroe Greenthal, of United Artists; Ben Washer, representing Mr. Goldwyn; Terry Ramsaye, editor of Motion Picture Herald, and A-Mike Vogel, editor of the Herald's Managers' Round Table Club. Ray Bell, of the Palace Theatre, Washington, D. C., won first prize of $500, Marsline K. Moore, of the Hollywood Theatre, Fort Worth, Texas, took second prize of $200, and Charles Schlaifer, of the United Artists and Embassy theatres, San Francisco, Calif., was awarded third prize of $100. Other winners were Ray O'Connell, Capitol Theatre, Lancaster, Pa., fourth; Joseph A. Di Pesa, of Loew's State, and Orpheum theatres, Boston, Mass., fifth; and Harry MacDonald, of the Warner Theatre, Milwaukee, Wis., sixth, each of whom won $50. Harry Rubin, of the Tivoli Theatre, Michigan City, Ind., won the $25 seventh prize. Because the campaigns of Bill Saxton, of Loew's Century, Baltimore, and Sidney Gates, of the Gates Theatre, Portsmouth, Va., were considered of equal calibre by the judges, they were declared tied for eighth place and an extra prize was added, each receiving $25. Theatre men from all parts of the country competed in the contest, a total of 568 entries having been received and considered by the judges. , Meyer Returns to Coast Dr. Herbert Meyer of C. King Charney, Inc., returned to Hollywood last week from the Agfa factory in Binghamton, N. Y., where he spent several weeks preparing for distribution of a new Superspeed negative. Film Gets Added Bookings "Green Fields," first Yiddish motion picture produced by Collective Film Producers, Inc., has been booked into six Loew's houses in the New York area in addition to the five in which it already has been shown. The picture also has been booked by RKO for the Yorktown, Midtown and Empire. OBITUARIES Ralph Lewis Dead on Coast Ralph Lewis, pioneer actor of the silent screen, died Saturday in Los Angeles from injuries suffered in an automobile accident on October 24th. He was 65. Mr. Lewis was injured when his automobile collided with a car driven by Abdul Mai j an, valet and trainer for Jack Warner, vice-president in charge of production for Warner Brothers. Mr. Lewis started in motion pictures in 1912 and three years later achieved recognition as the club-footed statesman, Stoneman, in "The Birth of a Nation." Other pictures in which he appeared were "The Avenging Conscience," "Conquering Power," "The Girl in the Glass Cage," "Sucker Money," "Riot Squad," "Mystery Liner," 'The Lost City" and "Behind the Green Lights." He is survived by his widow, Vera Lewis. Sues on Koster Contract A suit for $30,000 agent's commission against Henry Koster, Universal director, brought by Ernest Wiesenberg, a Viennese agent, was revealed in New York supreme court Saturday when Justice Peter Schmuck directed Mr. Koster to furnish a bill of particulars. The agent claims 10 per cent of Mr. Koster's salary up to 1941 and estimates the director's present earnings at $60,000 annually. Mr. Wiesenberg stated his contract with Mr. Koster was made in February, 1936. Playwright Seeks $610,000 Charging plagiarism of her play, "Little Boy Blew In," in the Hal Roach picture "Nobody's Baby," Maud Clement Peddell has instituted suit in Los Angeles against Hal Roach, Metro-Goldwyn-Mayer, Fox West Coast and a number of John Does, representing writers. She has asked for $10,000 damages and $600,000, which, she charges, is the profit of the picture. Roach Demurrer Overruled W. Turney Fox, superior court judge in Los Angeles, overruled a demurrer filed by Hal Roach in the $30,000 damage action instituted against him by Dr. Renato Senise. The plaintiff charges he contracted with Mr. Roach to act as his agent in Italy to form a company to produce films. No date has been set for trial. Vocafilm Suit Delayed Trial of the anti-trust suit of Vocafilm Corporation of America against American Telephone and Telegraph, Western Electric and Electrical Research Products, Inc., in United States district court in New York has been adjourned to February 7th. Vocafilm asks $65,953,125 damages. Hico Theatres, Inc., has been incorporated at Cincinnati with 250 no-par shares by A. B. Chrisholm, M. J. Yost and K. Wordeman. The company will take over the Lyric and Rand, at Greenfield. Ohio.