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Tuesday^ September 5, 1933 PI eraRES VARlktf it Hollywood (Continued from page 6) Henry Guttman may produce 'Red iSoviet Commissar^ at a local etage 3bouse. Dickering with PhlUp Merl- ^ale and Roy D'Aroy for leads. Tearle'« Long Wait Conway Tearto nas ibeen engaged by Metro for 'Forever Faithful,' his first. major studio break since the advent of talkers. Deal Is pending for Paul Tre- Ibltsch to produce 'Romance Collect' jat the stage Music b6x. Piece had la break-in at the Spotlight little {theatre. One educational short, an Arvid Qillstrom two-reeler and a Moho- igram feature set for production at Metropolitan getting the studio out pt a three-month slump. Fred Niblo, Jr., and C. Gardiner Sullivan scripting Robert W. Cham- bers 'Operative 13' for Marion iDavles 'at' Metro. Param;'6unt testing Buck Jones for the lead in 'Lone Cowboy,' western: special. Gary Cooper, Preston Fos- ter and Ralph Bellamy nixed It. Four pictures start Sept. 5 at Fox; 'Hoopla,' 'As Husbands Go,' •'There's Always Tomorrow,' and, >The Mad Game.' 'Frontier • Mar- bhair begins Sept 12, 'Puppets,' Sept. 16 and 'Jimmy and Sally,' fiept. 18. Niles Welch comes back to pics In the top male spot in 'Wolf Dog,' iNat Levlne serial. Currently negotiating a release 'deal in N. Y., Mack Bennett returns Sept. IS, with studio expecting to ero into comedy production imme- idiately thereafter. ■Ray Nazzaro will direct 11 slngle- ^eelera based on superstition. Jack Nelson producing for state rights. Bennie Fields grabs his first pic bpot in 'Broadway Through a Key- hole' for 20th Cent. Blossom Seeley featured in same fllm. Matters pending in the Fox-West Coast bankruptcy proceedings post- poned until Sept. 14. Jerry Devine, last In pictures as h. kid in 'Over the HiU,' returns to do a part In 'Mad Game* at Fox. Has been on the stage. . :With the resignation of Maurice Eanllne, Frederick Stephani be- comes assistant to Walter Mac- ^wen, Warner story ed. Paramount theatre gets Blue Monday Jamboree, coast CBS radio hour from Frisco, week of Sept. 7. .Lowell Sherman has a document from Universal to act and direct .with semi-annual options. First will be 'Man Who Reclaimed His Head.' Genevieve Tobin opposite Edward 6. Robinson in 'Dark Hazard,' dog racing pic at Warners. One Week Only Eugene Walter in and out of Paramount in one week. Adele Rogers Hyland replaces him on the scripting of Rupert Hughes' 'Miss Fanes Baby.' Academy decided in favor of Wells Root, writer, against Radio when scribe asked for four weeks' salary guaranteed on 'Stlngaree' after studios had paid him for but one and one-half weeks. F. McGrew [Wills was awarded $2,000 against same studio for his writing on 'Glory Commands.' Both agreements .were verbal, Elmer Harris and Harry Hervey jat Universal each writing an un- titled original. Ralph Like and Willis Kent have split their proaucxng partnership. Each win continue alone. Both angling for Phil Goldstone Anance. Mrs. Walter WInchell has can- celled her Honolulu trip with her daughter, Walda, after receiving threatening letters. She leaves for New York next week. Bess Meredith turned down a Metro contract renewal when her physician ordered her to take a pro- longed vacation. Herman Wobber and Roger PerrI here last week on Fox's sales drive with S. R. Kent. Pair left for San Francisco before returning to N. Y. - Jo Swerling off Columbia lot for six-week vacation. ■Universal has exercised the option fo buy L. G. Blockman's 'Bombay Mail.' Carle Laemmle, Sr., leaves for New York Sept. 7 to attend the NRA code meetings. Intends to sail for Europe late in Sept. Mills Brothers go into Metro's 'Going Hollywood.' Charles Itugplcs, Mary Boland, William C. Fields, Alison Sklpworth and Burns and Allen set for Par's. 'Republicans and Sinners.' Leo McCarey directs. William Berke will make 12 shorts for indie release and several fea- tures this season. Metro is testing Countess Albanl for the 'Merry Widow' opposite Chevalier. Mary Astor's first on her new Warner one-year contract is 'Con- vention City.' Laird Doyle and S. K. Lauren at Radio scripting 'My Gal Sal.' Roy Miller may reopen the once two-a-day Carthay Circle as nabe deluxer. Gene Buck has taken' option on You're on Next,' comedy-drama by Charles Williams. Ira Simmons from New York seeking location for an independent film distrlb exchange. $9^00 Phone Bill Metro writers were told last month's telephone bill was $9,200 when they kicked at the lack of facilities. Claudettle Colbert should recover quickly enuf to keep lead in 'Four Frightened People.' Colleen Moore-Radio two-pic deal still in the air. H. M. Walker has turned In his original 'Women Must Talk* at Universal and will adapt the yarn if U okays. Young Carr> Break Tommy Carr, 18-year-old son of Mary Carr, gets his picture break as a writer at Educational. He's •assigned to work on the 'Frolics of Youth' series. Joe Krumgold, assistant to Par's Bayard Vleller, has resigned to go to New York and a possible spot in Par's foreign publicity department. He formerly handled foreign pub- licity at the studio. Jobyna Howland is out of Metro's 'Meet the Baron' due to Illness. Edna May Oliver replaces. Disney Goes Thematic Theme songs are going into Walt Disney's two shorts series. Silly Symphony and Mickey Mouse. De- cision to put them in follows recep- tion of theme song, 'Who's Afraid of the Big Bad Wolf, in a recent Silly Symphony. Two speclally-'wrltten numbers have gone into a current Mickey Mouse release, both composed by Frank Churchill, member of the Disney' staff. They are 'Puppy Love' and 'Spring Is Here', with the Minnie Mouse character singing one of the songs from begrinning to end. Frisco License Cat LOOKS LIKE A LUSTY WEEK AT PHT'S PK Pittsburgh, Sept. 4. Looks like a healthy week iall round, with every Indication locally that things are on the mend. With product line-up quite STuraX folate King Opens and end of daylight saving just' EastOIl DelUXe HoUSC San Francisco, Sept. 4. Frisco picture houses finally got a cut In their annual license fees when city allowed a one-third slash following a fight put up by the Cali- fornia Theatres Association and Thomas D. VanOsten, sec-mgr. Top annual fee Is $1,200, cut bringing It to $800, which still Is about four times higher than other cities. Code Near (Continued from page 7) until Federated Motion Picture In- dustry got wind of it and saw votes In the hands of a Haysite as a pos- sible voice against dualism in a pinchi All the Indie depots were .immediately notified to place their votes only with Federated men. Some of the exhib organizations which had planned to hold code eve conventions, with the Idea of di- gesting the proposed formula and arriving at their own way of think- ing, have thought better and put the meets over until after Washington. This means that there may be a flock of exhib conyentions all over the country during October. They will probably be well attended, pur- pose being to define the permanent code and give owners a complete slant on their new rights and in- abilities. Majors and Duals Majors are admittedly het up about the indie prod-distrib cam- paign for double featuring, • details of which appear elsewhere in this ■VARIETY. They claim the Industry could not get along on 325 fea- tures, refusing to concede that no duals would curtail production. Only if the business could turn out all sure-fire pictures could this be true, they contend, otherwise the same 600 with exhibitor selection, etc., should continue. But later in their argument they do let slip that few pictures will aim for higher quality and that exhibs with better product can afford to change less frequently. They also see rehabili- tation of the short subject in dual restriction or elimination. Will Hays is due east by the end of this week. He is scheduled to front in Washington only as hcsad of the Motion Picture Producers and Distributors. Efforts are be- Intj made to get each leader to head his own ctjmpany. , around the corner, both circuits and indies are wearing smiles these days for first time in months. Best bet appears' to be 'Morning Glory* at Stanley, where critical raves over Hepburn approach idol- atry. On strength of picture's trade elsewhere, management looked for a considerably better opening, and a build-up Is expected to be a neat $13,500. Big advertising splash, together with that national hook-up from the coast, helped 'Broadway to Hollywood' oft to a creditable start aiid a $12,000 click indicated. Pleasant surprise is 'The Nui- sance' at Fulton, where the prospects are for a sizzling $5,000. Opening day best since 'Cavalcade,' which is something. Two-reel Tom Mooney short may be of some help, but It's doubtful. Funny thing Is that Metro vetoed 'Nuisance' for Its first-run site, Penn, handing it over to Mort Shea as a slufif-o. May be a tip- off on Lee Tracy's rapid climb to esteem in the community. Davis, with 'What Price Innocence' as a second-run after a phenomenal week at Warner, started mildly and looks like ordinary $2,200, while 'Goodbye Again' shapes up plenty mildish at Warner. Censors have butchered this one , pretty badly, with sllni hopes for anything better than a weak $4,000. Estimates for This Week Davis (WB) (1,700; 25-30-40)— •What Price Innocence' (Co^)- Slipped In here on second run as single feature after great week fortnight ago at Warner. Will have trouble clicking off $2,200, not so hot. Last week 'She Done Him Wrong' (Par), after playing every shooting gallery in town, was brought back here for a downtown return and rolled up an amazing $3,650 with 'Man of Forest' (Par). Fulton (Shea-Hyde) (1,750; 15- 25-40)—'The Nuisance' (MG). Gave house its best opening day since 'Cavalcade' and a lot of raised eye- brows in the Metro office; where it was decided to pass this one off as a sluff-o instead of handing it to the Penn. Looks like $6,000, great. Lasl week 'Girl In Room 41d' (Par) also a pleasant surprise at $4,400. Penn (Loew's-UA) (3,300; 25-35- 50)—'Broadway to Hollywood' (MG). Exploitation splurge,, to- gether with air stunt from coast on eve of opening, helped get an open- ing for this one, and should manage to hold together fairly well for $12,- 000, all right If not out of the ordi-r nary. Last week 'Song of Songs' (Par) had the fenunes coming for biggest mats in some time and a nice six-day total of $15,000. Stanley (WB) (3,600; 25-35-50)— 'Morning Glory* (RKO). Hepburn a cinch after this one. Start a trifle disappointing, on strength of prod- uct's showing elsewhere, but ex- pected to pick up and build to a neat $13,500. Last week 'Pilgrim- age' (Fox) a bust at $7,000. Warner (WB) (2,000; 25-35-50)— 'Goodbye Again* (WB). No pull on marquee and censors have dug deeply, which can hardly be con- State Fair Visitors No Help to Mpk Short B.R.'s; Aimee M Opposish Easton, Pa., Sept. 4. The new Hershey Community theatre, with 2,000 seats, was opened Saturday (2), as part of the 30th anniversary of the founding of the town by the chocolate king. The initial program included a stage presentation, music by a 20- piece orchestra, organlog and a, feature picture. Starting on Tuesday (6), policy will be twice nightly on six days, and three matinees during the week. In addition to pictures and stage presentations, legitimate at- tractions will be offered whenever available. House is one of the finest and most completely equipped in this part of the state. The largest stage production can be put on the stage. N.H. Par Books Dietrich Pic, So Vode Out hgm New Haven, Sept. 4. Holiday exodus will crimp things, but ace attractions will make it up last lialf of week. Paramount back to straight flhns after three stage shows, leaves town again without flesh. Stage reaction favorable, but being laid aside for present in favor of special fllm features. House Is bringing back 'She Done Him Wrong* as a supporting attraction, banking on the increased Mae West b.o. Nabes are returning to full time after summer curtailed schedules, and College (Fox-Poll) reopens* Thursday (7) with double feature ' policy. Estimates for Thi« Week Paramount (Publlx) (2,348; 35-50) 'Song of Songs' (Par). Figuring Dietrich strong alone, stage shows ousted again; looks set for a nice $9,000. Last week 'Notorious But Nice* (Ches) and stage show, $7,500. Palace (Fox-Poli) <3,040; 35-50) 'Broadway to Hollywood' (MG) and 'Shanghai Madness.* Heavy news- paper plugging on this will prob- ably rhean a nice $8,000. Last week 'Paddy' (Pox) and 'Wrecker* (Col), got close to $7,500. Roger Sherman (WB) (2,200; 35- 50) 'Captured' (WB). As a single feature, this one looks set for an oke $6,500. Last week 'Double Haf- ness' (RKO) and 'Laughing at Life,' pleased at $6,000. sidered an asset. Will have a fight on its hands to get even $4,000, poor, Last week 'No Marriage Ties' (RKO) just as bad at $3,760, In fact worse. J. WALTER RUBEN Whose play, "The Great Illusion," written in collaboration with Bernard Schubert, is headed for Broadway in the fall. Ruben's early training as a wrltor eventually led him into motion pictures. After penning a number of .screen plays for Richard DIx he became hif» dlrpr.t.or. Amonp Iluben'.s successes are "THlG PUI3LIC DIOFJONDKR," "PHANTOM OF C11J:HTW0(;D." "NO OTHKR WOMAN," "THJO OllIOAT JASPI^-li" and "NO MARRIAGE TIKS." He has just completed "THE ACE OF ACES," Btarrln« Richard DLs. Minneapolis. Sept. 4. This is State Fair week, hut any advantage that may accrue to local showhouses from an influx of tran-' sients Is likely to be more than off-' set by the lack of outstanding at- tractions plus the Aimee Semple McPherson competition. The evan- gelist Is in the midst of an 11-night stand at the municipal auditorium and drawing from 6,000 to 10,000 people every afternoon and evening. Admission Is free and the newa-r papers have been very generous with their front pages. It's her first local visit and the crowds are made up largely of pros- pective theatre patrons induced by curiosity to See the woman who has been so much in the public prints. Less the deductions for expenses, the collections for the first 10 days are turned oyei^ to local charities. She keeps the audience donations on the 11th day for herself. Onljr $176 was collected from an audience of 6,000 the opening day, but th^ amounts have been growing sub- stantially with each succeeding day, especially as the showwoman-evan- gelist shrewdly expands her display of pulpit fireworks gradually. In recent years, anyway. State Fair hasn't meant so much for the loop showhouses. Too many of the visiters come by automobile and remain for a single day. The- pic^ tures on view are no great attrac- tion for them as they can see them, at their home town or in their vlcln-. ity sooner or later. This year tho Chicago exposition - dims the light of the Minnesota Fair, so that de- spite bigger and better attractloxis, a more extensive advertising and exploitation campaign and an ad- mission reduction from 60c. to 26c.. a ^mailer number of transients and attendance than a year ago are be- lieved to be in prospect. The lower admission, moreover. Is di- verting some business away from the theatres. The Orpheum, with the town's only stage show, seems to have a big edge on all of Its opposition and« according to Indications, will be the loop gross leader for the first time in a blue moon. Its four-act vaude* vllle bill, headlined by the Pat Roo- neys and Lillian Miles, Is the flrsl flesh-and-blood entertainment this burg has had in some time. It pro- vides something the transients don't and can't get at home. Estimates for This Week State (Publlx) (2,200; 40)—'Tug- boat Annie' (MG) (2d week). Third picture In past few months to hold over at this house; should reach big $10,000 after very fine $15,700 initial week. Orpheum (Singer) (2,890; 65)— 'Her First Mate' (U) and vaude- ville, headlined by the. Pat Rooneya and Lillian Miles. Stage show a magnet for visitors; first flesh .IQ some time. Should reach big $10,- 000. Last week 'Morning Glory* (RKO), $7,600 for eight days, very big. World (StefCes) (300; 60-75)—"Be Mine Tonight' (U) (21st-flnal week). Record run at end, about $1,600 la prospect. Century (Publix) (1,600; 40)—'An-* other Language' (MG). Montgom- ery and Hayes mean something to box ofllce; looks like very good |6.)» 000. Last week 'Midnight Club^ (Par). $2,600, light Uptown (Publix) (1,200; 35)— 'College Humor* (Par), Should reach good $3,000. Last week 'Whea Ladles Meet' (MG), $2,800, okeh. Lyric (Publix) (1,300; 26)—'Shang- hai Madness' (Fox). Cast names of little account and picture just tio- so; probably $3,000, fair. Last week 'Devil's In Love' <Fox), $2,000, light. Grand (Publlx) (1,100; 25)—'42d Street' (WB), and 'She Done Him Wrong* (Par), split. In return 'Re- quest Week.* Maybe $1,600, fair. .Last week 'Reunion in Vienna' ;(MG), second loop run, full week, $800, light. Aster (Publix) (900; 25)—'Peg o* My Heart* (MG), 'Little Giant* (FN), and 'International House* (Par), loop third runs, split. Around $500 indicated, light. Last week 'DIplomanlacs' (RKO), and 'Hell •Below' (MG), second and third loop runs, split, $600, light. Kober Set for Year Hollyvvood, Sept. 4. Arthur Kober has a year's con- tract by Metro. He's now working on 'Meet the Baron,' being the ninth writer to go on the Jack Pearl' .story. Wm. K. Wells, writer of radio material for Pearl, brought here by Metro for the script, has finished and goes pa.st Thursday (7). He'll prepare some ether gags for re- sumption of the Pearl broadcast.