Motion Picture Herald (Jan-Feb 1939)

January 14, 1939 MOTION PICTURE HERALD 51 IN COURTS Tully Asks $50,000 In "Home Town" Suit Jim Tully, author, has filed suit in the United States district court in New York against Paramount, Odessco Productions, Inc. and William K. Howard in which the author seeks damages of $50,000 and an injunction restraining the defendants from allegedly exploiting his name in connection with the motion picture, "Home Town." The plaintiff charges violation of the Civil Rights Law of New York, claiming that Mr. Howard and Odessco have produced the film and contracted with Paramount for its distribution. Warners Sued on Song In "Garden of the Moon" Louis Herscher and Robert Wolf Gilbert, members of the American Society of Composers, Authors and Publishers, have filed suit in federal court in Los Angeles for $60,000 damages and an accounting of profits of "Garden of the Moon," title song for the Warner Brothers picture. Named as defendants were Warner Bros., Music Publishers Holding Corporation and Al Dubin, Johnny Mercer, Harry Warren and Jean Herbert, composers and lyricists. The plaintiffs charged that Harms, Inc., Warner subsidiary, entered into a royalty agreement with them for the song, "Garden of the Moon," musical rights first having been obtained by them from H. Bedford Jones and Barton Browne, who wrote the story. However, the complaint charged, Harms, Inc., put the Herscher-Gilbert song on the restricted list, and substituted music and lyrics written by the Warner song writers. Injunction Denied Sunray Application of Sunray Films, Inc., for an injunction to restrain the exhibition of the film, "The Glory of Faith" by Select Attractions, Inc., Leo Malchin, doing business as French Film Exchange, and Charles Swarzza, doing business as Island Theatre Circuit, has been denied by New York Supreme Court Justice Louis A. Valente. Sunray claimed that the picture competes unfairly with its film, "Little Flower of Jesus." Radio-Vaudeville Suit A suit involving a plan to obtain participation of radio advertisers in vaudeville production was revealed in New York supreme court this week when Fanchon and Marco, Inc., defendants, applied for permission to take depositions of Boris Morros and Milton Feld in Los Angeles. Sidney C. Davidson and Fred Suhr, plaintiffs, seek $75,000 damages, claiming that the defendants breached a contract whereby the plaintiffs were to negotiate with radio advertisers to participate in a vaudeville show called "Alice in Radioland," which would stage programs for radio advertisers' products. Dismiss Short Subjects Suits Two suits against Weinberg Enterprises, Inc., which formerly owned the Cameo, Yonkers, N. Y., and Joseph Weinberg, charging unlicensed exhibition of 20 short subjects have been dismissed by Federal Judge John C. Knox for failure to prosecute. The cases were settled out of court some time ago. Plaintiffs were Universal, Big U Film Exchange, United Artists and Walt Disney Productions. The actions asked for at least $250 damages for each alleged exhibition. RCA Suits Charge $500,000,000 Waste Three minor stockholders' suits have been instituted in New York supreme court against present and former officials and directors of the Radio Corporation of America charging that they "negligently and fraudulently permitted the dissipation and waste of corporate assets." In one action the loss to the corporation is estimated at about $500,000,000. In the two other suits no estimates are made. The actions were brought by Rose Druckerman, owner of 25 shares of Radio common ; Leo J. Coslow and Jacob Fox. They are suing on behalf of themselves and all other stockholders and ask that the defendants be required to repay the corporation any amounts found to have been taken from its treasury improperly. In formal answers the individual and corporate defendants denied any wrongdoing. The present and former officials assert that they acted at all times in the best interests of RCA. They also assert that their acts were approved and ratified by the stockholders of the corporation and, in the case of the 1932 consent decree, by the federal courts. Dismiss "Stowaway" Suit Federal Judge John C. Knox has dismissed the song infringement suit of Charles McCord again Robbins Music Corporation, Twentieth Century-Fox, Mack Gordon and Harry Revel, on consent of the plaintiff, without costs. The suit had been filed seeking $50,000 damages, an injunction and accounting, charging the defendants with having infringed the plaintiff's song "I'll Always Remember Ronkonkomo," in the song, "Good Night My Love" in the 20th Century-Fox film "Stowaway." Laquna Suit Settled Michelina Laguna's suit in federal court in New York against Twentieth Century-Fox for alleged infringement by that company in the picture, "The World Moves On," has been settled out of court for a nominal sum after the plaintiff had won judgment in a Mexican court of 20,000 pesos on a story he had written, "La Paz en Laguerra." Balaban & Katz Dividend Balaban and Katz have paid over $22,000 in dividends on 13,000 shares of 7 per cent preferred stock. It is expected that this stock will be called soon, as the bank loan secured by the company to retire 13,000 shares at 110, the call price, rapidly is being paid off. No dividend was paid on the common stock. Rvder Heads Coast SMPE Loren Ryder, head of the Paramount sound department, has been elected chairman of the Pacific Coast Section of the Society of Motion Picture Engineers for 1939. A: M. Gundelfinger was elected secretary and Wesley Miller was elected to a two-year term as manager. Krasna to RKO Norman Krasna, who recently resigned as a Metro-Goldwyn-Mayer associate producer, has signed a contract as a writer at RKO Radio. His contract stipulates that he will work only with director-producers. His first assignment is with George Stevens. Fay Bainter has signed a new Warner contract, calling for three pictures a year. OBITUARIES Walter Kelly Dies In Philadelphia Walter C. Kelly, 65, known on the stage as "The Virginia Judge," died at Women's College Hospital January 5th from injuries suffered in a Hollywood automobile accident three weeks ago. At his bedside was his brother, John B. Kelly, Democratic city chairman of Philadelphia. Mr. Kelly toured America and Europe for many years with Marie Dressier when vaudeville was a popular form of entertainment. In 1935 Mr. Kelly entered motion pictures appearing in "McFadden's Flats," "The Virginia Judge," on which he collaborated in the writing of the original screen play, and "Laughing Irish Eyes." He retired in 1936. He also appeared in several stage plays. Harry Burns, Editor And Director, Dies Harry Burns, veteran director-actor and trade paper editor, died in Hollywood January 9th of a heart attack. Mr. Burns went to the coast in 1915 and was director for Fox-Vitagraph. For several years he had been editor of the Hollywood Filmograph. Most recently Mr. Burns had been on the advertising staff of the Quigley Publications in Hollywood. Simon Dubinsky Dies Simon Dubinsky, 82, died January 6th at Menorah Hospital in Kansas City. He was the father of Edward, head of the Dubinsky Brothers Circuit ; of Barney and Bill of St. Joseph, and Irwin of Leavenworth, Kan., all associated with the Dubinsky theatres. Mr. Dubinsky was born in Russia, son of a herb practitioner, in Kiev. C. Edwin Brandt C. Edwin Brandt, 68, actor, died January 8th at Mt. Sinai Hospital in New York. Mr. Brandt studied under Dion Boucicault and played Svengali in "Trilby." He appeared in many stage plays. Cooper Signed for "Geste" Through an arrangement with Samuel Goldwyn Paramount has signed Gary Cooper to play in "Beau Geste." Fred MacMurray and Ray Milland have also been assigned to the film. Schwartz Named Receiver Creditors of Film Automatic Machine Corporation have been directed to present their claims to Edward Schwartz, named receiver, by Federal Judge Guy L. Fake in the United States district court in Newark. MGM Signs Cantor Metro-Goldwyn-Mayer signed Eddie Cantor on Tuesday for one picture, to be made within a year. The production is not yet chosen. Cantor's last film was "Ali Baba Goes to Town," made for Twentieth Century-Fox as the first of two pictures on a contract abrogated by mutual agreement. Chapman Assists Glett R. F. Chapman, Audio Productions director, has been appointed executive assistant to Charles L. Glett, vice-president of Eastern Service Studios.