Motion Picture Herald (Sep-Oct 1939)

68 MOTION PICTURE HERALD October 14, 1939 IN COURTS RKO Loses Appeal of Rent Case Decision The appellate division of the New York supreme court this week affirmed a lower court order directing the RKO circuit to open all books and records of the circuit for the past 10 years to H. & S. Sonn, Inc., landlord of the RKO theatre in White Plains, N. Y. Sonn is suing RKO for $200,000 claimed due in back rent on the house, charging fraud in the padding of expense records of the theatre in order to show smaller profits than were made by the house. Under the terms of the original rental contract, the landlord was entitled in rent to 50 per cent of the theatre's profits. Sunday Pilnns Illegal, Georgia Court Rules The Georgia court of appeals this week ruled that operation of motion picture theatres on Sundays is a violation of the state's blue laws even though the theatres are operated for specific charities. The decision held that operation of theatres is detached enterprise and therefore separate from the charitable enterprise whose acts would be exempted from Sunday, laws. Southern Theatres, Inc., operators of the Avondale theatre, of Avondale Estates, had appealed a decision of November 4, 1938, finding the circuit and individuals guilty of violating the Sabbath laws by operating the theatre on Sunday. Final Briefs Forwarded In ASCAP Nebraska Case Final briefs and findings in the American Society of Composers, Authors and Publishers' attack on the constitutionality of Nebraska's law to ban the society from the state were forwarded to the federal court at Lincoln this week by Schwartz & Frohlich, ASCAP counsel. A decision in the case, which was tried before a three-judge federal statutory court recently, is expected in two of three weeks. It will be the first federal court ruling on the constitutionality of an anti-ASCAP law. Dismiss Phelan Appeal The Ontario court of appeals has dismissed the appeal by H. W. Phelan, Toronto, from the judgment of the lower court in dismissing his damage suit against Famous Players Canadian Corporation charging fraud and misrepresentation in the exchange of shares for those of Paramount-Publix, New York, more than nine years ago. Mr. Phelan placed his loss at $4,500 in his statement of claim. File Film Title Suit A suit seeking $25,000 damages was filed in New York supreme court this week against Universal Pictures Company by Stage and Screen Productions, Inc. At the same time the plaintifl: filed notice that it will apply on October 18th for an order directing Nathan Blumberg, Universal president, to appear for examination before trial. The suit involves use of the title, "Inside Information." Suit Is Dismissed A suit for brokerage fees amounting to $4,350 claimed owed to M. & L. Hess, Inc., real estate broker, by Newsreel Theatres, Inc., was dismissed this week in New York supreme court. The plaintiff had brought suit contending that it had secured a site for a theatre for the defendant at 34th Street, New York. MGMClaimsVz' Beat Others in 25 Suhsequents Leaving the key city runs for subseqiient run cities and towns in the field, "The Wizard of Oz," according to Metro-Goldwyn-Mayer in New York, is running ahead, in box office returns, of some of the company's top-grossers of recent months, among them : "Goodbye, Mr. Chips," Andy Hardy pictures, "Boys' Town," "Too TTot to Handle," "Sweethearts," "Idiot's Delight." Twanty-five "typical" "Oz" exhibitions selected by MGM's home office compare with grosses of other big films as follows : Reno, Nev. — "Wizard" ran even with "Boys Town," beat "Chips" by 27%, "Idiot's Delight" by 47%, and topped "Too Hot to Handle," "Out West with the Hardys" and "Sweethearts." Winfield, Kan. — even with "Boys Town" and "Sweethearts," topped "Too Hot" by 28%, "Out West" by 33%, "Idiot's Dehght" ' by 53%, "Hardys Ride High" by 20%. Springfield, III.— beat "Chips" by 51%, "Too Hot" by 27%, "Out West" by 28%. San Diego, Cal. — even with "Boys Town" and "Sweethearts," topped "Hardys Ride High" by 89%, "Chips" by 15%. Grand Rapids, Mich. — ran ahead of "Boys Town," topped "Too Hot" by 38%. "Sweethearts" by 20%, "Chips" by 61%, "Hardys Ride HigTT" by 30%. Asheville, N. C— beat "Boys Town" bv 38%, "Too Hot" by 20%, "Out West" by 123%, "Chips" by 54%, and topped "Sweethearts." Hendersonville, N. C. — ran 52% ahead of "Boys Town," topped "Too Hot" by 101%, "Sweethearts" by 88%, "Out West" by 164%. Willimantic, Conn. — led "Boys Town" by 39%. "Too Hot" by 29%, "Sweethearts" by 30%, "Idiot's Delight" by 59%, "Chips" by 32%. Charleston. W. Va. — topped "Boys Town" and "Sweethearts" by 10%, "Chips" by 42%, "Idiot's Delight" by 28%. Stroudsburg, Pa. — beat "Boys Town" by 19%. "Too Hot" by 26%, "Sweethearts" by 20%-. "Out West" by 71%. and ran ahead of "Chins." Kingston, N. Y. — topped "Boys Town" and "Chips" by 10%, "Too Hot" by 22%. "Out West" by 17%. Morristown, N. J. — topped "Boys Town" by 27%, "Too Hot" by 2A%, "Out West" by 30%, "Idiot's D'elight" bv 62%. Glens Falls, N. Y.— beat "Sweethearts" by 267o. "Too Hot" by 20%, "Out West" bv 34%, "Chips" by 35%. Concord, N. H. — topped "Bovs Town" by 6%. "Too Hot" by 24%, "Idiot's Delight" by 75%, "Out West" by 10%. Rockland, Me.— beat "Boys Town" bv 27%, "Too Hot" bv 56%, "Out West" by 85%, "Hardys Ride" by 94%, "Chips" by 2}%. Salem, Ore. — even with "Boys Town," beat "Too Hot," ran ahead of "Sweethearts" by 15%, "Idiot's Delight" by 92%, "Chips" by 59%, "Hardys Ride" by 60%. Eau Claire, Wise. — beat "Sweethearts," topped "Too Hot" by 30%, "Out West" by 71%, "Hardys Ride" by 53%, "Chips" by 15%. Boise. Idaho — beat "Hardvs Ride" by 116%, "Boys Town" by 47%, "Chips" by 52%, "Out West" by 44%. Great Falls. Mont.— beat "Chips" by 59%, "Out West" by 82%, "Sweethearts" by 21%, "Hardys Ride" by 108%. Tacoma, Wash. — led "Boys Town," beat "Idiot's Delight" by 47%, "Sweethearts" by 28%, "Chips" by 93%, "Too Hot" by 24%. Meridian, Miss.— beat "Boys Town" by 20%, led "Too Hot," topped "Idiot's Delight" by 45%. Texarkana, Tex.— beat "Boys Town" by 14%, "Too Hot" by 20%, "Idiot's Delight" by 30%. Chattanooga, Tenn. — led "Boys Town" by 10%, "Hardys Ride" by 22%, "Chips" by 20%. Augusta, Ga. — led "Boys 'Town" and "Idiot's Delight." Denison, Tex. — topped "Boys Town," led "Too Hot by 40%, "Hardys Ride" by 25%, "Idiot's Delight" by 100%. McAlester, Okla.— topped "Too Hot," beat "Hardys Ride" by 10%, 'Idiot's Delight" by 50%. Laredo, Tex.— ran ahead of "Boys Town" by 16%, "Hardys Ride" by 30%, "Chips" by 8%. Signs of an early easing or even elimination of Quebec's ban on children's attendance at theatres are seen in Montreal with the first relaxation of the law in over a decade. Provincial authorities this week abrogated the 11 -year old ruling for one week in order that children of Montreal might see "The Wizard of Oz" showing at Loew's here. They were admitted with adults. OBITUARIES Fay Templeton, Musical Connedy Star, Dies at 74 Fay Templeton, favorite of the musical comedy stage at the turn of the century, died in San Francisco October 3rd at the home of a cousin. She was 74. Born in Little Rock, Ark., Miss Templeton made her stage debut at three and had leading roles while still in her 'teens. In 1905, she reached what many held was the crowning point of her career — the role of "Mary" in George M. Cohan's "Forty-five Minutes from Broadway." The following year Miss Templeton announced her retirement, but continued to reappear on the Broadway stage in musical comedies, Gilbert and Sullivan operettas and vaudeville and in 1933 at the age of 68 she appeared in the title role in the Jerome Kern musical comedy "Roberta." Hays Pays Tribute to Laemnnle at Services Will H. Hays, president of the Motion Picture Producers and Distributors of America, delivered an eulogy Friday night at the memorial services for the late Carl Laemmle held at the West End Synagogue, New York, and attended by many industry leaders. He said: "Carl Laemmle inspired affection and had men's admiration and respect. In his nobility of character, in the kindness of his heart, in his great capacity for friendship, he exemplified the true universal brotherhood of man." In Chicago Sunday, tribute was paid the film pioneer over a coast-to-coast National Broadcasting Company memorial broadcast. Rabbi Louis Mann, Captain Julius Klein, formerly assistant to Mr. Laemmle ; Jack Kirsch, president of Allied Theatres of Illinois, representing Governor Henry Horner, and Judge Joseph Sabbath spoke briefly. Mr. Kirsch, read the Governor's message, which paid tribute to Mr. Laemmle's memory and spoke of him as a man who "rose from obscurity and poverty to riches and power, in his chosen field." Walter G. Hartford Walter G. Hartford, 82, exhibitor, died in New Haven, Conn., October 5th. He had operated the Casino in Providence years ago and later opened the Imperial in Pawtucket, R. I. Walter Hayner Walter Hayner, 47, general sales manager for Regal Films, in Canada, distributor for MetroGoldwyn-Mayer and Monogram pictures, died in Toronto October 7th. Mr. Hayner, who went to the Dominion 15 years ago, held executive posts with several companies in Europe at one time. He had also served as manager of the Washington office for the old Goldwyn company. His body was taken to New York for interment. Boris Schukin Boris Vassilievitch Schukin, 45, known for his portrayals of the role of Lenin in plays and motion pictures, died in Moscow, October 7th. He portrayed Lenin in the films, "Lenin in October" and "Lenin 1918." George Gaul George Gaul, 54, actor on the legitimate stage, died in Philadelphia October 6th. Stephen Braun Stephen Braun, 76, president of the Ottumwa Theatres, Inc., died in St. Paul, Minn., October 5th.