Motion Picture Herald (Sep-Oct 1940)

50 MOTION PICTURE HERALD October 26, I 940 OBITUARIES uvrum r ounaer in COURTS Circuit Founder Dies in New York Michael Switow Dead; Circuit Operator Michael A. Switow, 76, president of the M. Switow & Sons circuit of Kentucky and Indiana, died October 19th at his home in Louisville of ;a cerebral hemorrhage. Mr. Switow had been ill since he suffered a stroke 11 years ago. He recovered sufficiently to resume direction of his many theatrical enterprises, suffered another stroke three years ago and rallied, but was stricken with his last illness June 28th. A native of Russia he left the country to become a salt mine worker in Hungary at the age of 18 and later made his way into Germany, where he labored in construction of the German naval base, the Keil Canal. At 27 he emigrated to the United States, where his labors included dishwashing in New York and railroading. After trying his hand in several industries, including the bakery business, Mr. Switow 35 years ago converted his confectionery shop in Shelbyville, Ind., into a theatre at night charging 5-cent admissions. Later he moved to Jeffersonville, Ky., where he opened a theatre, The Dream. Expanding continuously Mr. Switow opened more film thetres in New Albany, Louisville, Shelbyville, Frankfort, Lexington, Salem and Bedford, in Kentucky and Indiana. Bela Blau Dies Bela Blau, theatrical producer, died of coronary thrombosis in New York, October 21st. He was a certified public accountant and instructor in economics, whose knowledge of business and finance led him to become a theatrical producer. He devised a new theatrical cost accounting plan which was adopted by the Theatre Guild. He later became a producer and was associated with Marc Connelly in the production "Having Wonderful Time." Simon Libros Simon Libros, of Advertising Accessories and head of the National Penn Printing Company, Philadelphia, died October 17th at his home in Philadelphia. He had been in ill health for some time. Howard Kalfell Howard T. Kalfell, 40, exhibitor of St. Louis and member of a family long identified with the theatrical industry in St. Louis, died October 17th at the age of 40. He and a brother were joint owners of the Pauline and the Robin, neighborhood houses. Marguerite St. John Marguerite St. John, 79, actress, died October 16th in New York after a long illness. Born in London, Miss St. John made her American debut 40 years ago in "The Lion and the Mouse." Edwin C. Triebel Edwin C. Triebel, 35, who formerly operated the Pastime theatre in Maysville, Ky., for a number of years, died in flayswood Hospital there October 19th after a four-day illness. Hiram Wier Hiram Wier, 82, dean of Canadian film critics, died in Halifax, N. S., October 15th. He had been on one Halifax newspaper for 55 years, including service as editor, and was a reviewer for the stage and music as well as motion pictures, covering films since they were introduced into Halifax about 40 years ago. Maurice A. Shea, founder and head of the Feiber & Shea Circuit, operating in New York, Massachusetts, New Hampshire, Rhode Island, Pennsylvania and Ohio, died October 19th at the Medical Center, N. Y. He was 60 years old. Due to a long illness which preceded his death, Mr. Shea had been inactive in the circuit's operations for more than a year. Active operations have been in charge of E. C. Grainger. Mr. Shea, long in the theatre operating business, at one time managed Will Rogers, Irene and Vernon Castle and Elsie Janis. Funeral services were held Monday at St. Margaret's Church, Riverdale, N. Y., and burial was at Gate of Heaven Cemetery. Only members of the family and a few friends attended the ceremony. Among those present were Mr. and Mrs. James R. Grainger, Mrs. W. F. Rodgers, Harry Gold, Bert Sanford, Ed McEvoy, Ted O'Leary and members of the circuit. Mr. Shea is survived by his wife, Margaret L. Shea ; a daughter, Mrs. Joseph Tuckerman, and three sons, Thomas, a lawyer with O'Brien, Driscoll & Raftery ; Maurice, Jr., and William, both with Feiber & Shea. Joseph Lightstone, Of Montreal, Dead Joseph Lightstone, 50, head of Variety Amusements, operating the Orpheum and Mayfair theatres in Montreal, and a brother of Mme. Pauline Donalda, internationally known singer, died of a heart attack in the Mount Royal Hotel, Montreal, October 15th. In the past 15 years Mr. Lightstone had been connected with several Montreal theatres. Before going to the Orpheum he was general manager of the Princess theatre. Abraham Katzman Abraham Katzman, 72, father of Sam Katzman, Monogram producer, died in Hollywood, October 17th. The body was sent to New York for burial. Samuel Davis Samuel Davis, 68, associated with the late Hiram Abrams in Maine when the latter was building up his theatre enterprise, died at his home in Portland, October 18th of heart disease. Helen Lackaye Mrs. Agnes Helen Lackaye Ridings, an actress known on the stage as Helen Lackaye and the sister of the late Wilton Lackaye, character actor, died October 19th on a train en route through Pennsylvania to the Jersey City terminal. Tom Mix Estate The will of Tom Mix, killed October 12th in an automobile accident near Florence, leaves an estate of undisclosed value to his widow, Mabel Hubbel Mix, and one of his daughters, Mrs. Thomasina Mix Matthews. His other daughter, Ruth Mix Knight of Texas, is independently wealthy, according to Mr. Mix's attorney. Henry Lazarus Estate The estate of Henry Lazarus, theatre owner of New Orleans, who died there last September, is valued at $193,997.04, according to an inventory filed in civil court in New Orleans. Loew's Stockholder Action Is Deferred The stockholder's suit brought by Arnold Herrman against Loew's, Inc., scheduled for hearing in Wilmington, Del., last week in New Castle County chancery court has been continued, with a date for hearing to be set later. Mr. Herrman filed suit on February 28, 1939, charging the directors and executives of Loew's with conspiracy and fraud in the formation of Twentieth Century Pictures, Inc., now Twentieth Century-Fox Film Corporation, at expense of Loew's stockholders. The plaintiff asked preliminary injunction restraining defendants from disposing of stock of Twentieth Century until further notice of the Chancellor, and that a writ of sequestration be issued for the sequestering and seizing all stock of Loew's, Inc., until further determination of the suit. Exhibitor Sues 20th Century-Fox For Contract Damages A. M. Ellis, who operates the Broad theatre in Philadelphia, and the Broadway and Towers in Camden, N. J., filed suit October 19th in common pleas court in Philadelphia against Twentieth Century-Fox, asking $107,500 damages claiming a violation of a contract by the distributor in selling pictures for the Towers. In the bill of complaint, filed by Richardson Dilworth, representing the Towers Theatre Company of Camden, it is claimed that Mr. Ellis bought the Towers in June, 1939, at a sheriff sale for $64,000 and spent $124,000 to remodel the house solely on the verbal promise of Edgar Moss, Twentieth Century-Fox district manager in Philadelphia, that he would be able to buy all of the company's pictures rejected by Joseph Varbalow of the Savar in Camden. In return, it is claimed, Mr. Ellis agreed to waive the 7-day clearance at his Broadway. Dismiss Plagiarism Suit The "Desert Song" plagiarism suit brought by Joseph Jno. Davilla against Sigmund Romberg, Harms, Witmark, Warner Bros., the National and Columbia Broadcasting Companies, and other defendants, was dismissed this week by Judge Samuel Mandelbaum of the U. S. district court, New York, after a three-day trial. Judge Mandelbaum ruled that Mr. Romberg's "Desert Song," which was used in both the musical play and the motion picture of the same name, was not an infringement of Davilla's song, "You Are My Spider and I Am Your Fly." Wins Right to Name Grand National Pictures, Ltd., on Monday, was granted authority by Vincent T. Leibell, federal judge, in U. S. district court in New York, to conduct business in New York under its present name. Authority was required because of the similarity in name between the English company and Grand National Pictures. Du-Art Action Filed Hal A. Porter has filed suit in New York supreme court for $12,500 damages against DuArt Film Laboratories, Inc. The plaintiff claims Du-Art refused to return a negative of a California geographic picture. An answer claims that the film was returned. Sues on House Permit A suit has been filed to compel the Pinesville, Ky., city council to act immediately on Mose Reda's proposal to construct a new theatre there. One protest asked that the permit be denied as a protection to local industry.