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VMlETY irit Ell Wednesday, April 3, 1935 Parampun£' tnisteeis have / nixefl the fllrrt unit. partnership proposal of B. P. Schulberg and KtJph-^ A Kohn;. In which Erpi was to Vhave partlclp0,ted. The proposal 1? cold, although at thp ; mee^^^ of credl-i tors which was held Thursday (14)v the Par trustees and their counsel were held to- favor accet>tance. of the proposal, Erpi would have ijeen a financial: partner In the undertak- ing, putting; .lip ■ one-third.-,,of the production Gost jjf each .of the..14 ,fllins . TfvhlGh • thi : ShUlberjeTKohn-. : Erpi unit might have made over. a .. pjerlod of; two yearia;. : That • was' to ..iiaye be,en on 0e. production basis .. ot.seven;;fllms^yeariyi::r>: ■ . . The, ma^^ each pic- ture .xvas ' to ; riauVe - 'been. $230,000. Paramount, was to piut up 50% of this, proiuctlon ; cost. ;The jeritirt .proposal: mlglit.lhave cpilnted up potiiutial:';;. production cost - of -r|3v6pO,000,-, . v-'-i-.y; .; -^^A.^./i:i^-Jy^ . When the ..matter was first put ;i)ef6re, the crieditOrs at -the-mefetlng : Tirientionedt^he--proppsal--was- of- ifwed Tv^lth; the Tecomniendatlons oit the \Par mianagement and the en- dorseiirient of thp Par trustees a,nd latter's couhsel. However, 'strong; objectiqns ". to- the . piroppseii - Were voiced..,- by ] the ' Fortlngtoh-HertZ; creditor grbupr' through its cbuhsel,' AAttorn^y Edwlii /Weisl. : . vAddltlbnar 0^^^ cause the unit figured on produclnig ■hot at'Par's sludlb bti't'on the Erpi ■■•lot.: ■ , -;■■■ ;. ■•, The ; Portlngtbn-Hertj!; creditor . ^ group made tlies6 objections despite the 'fact jlhat Erpi^ a creditor ally, ; Was. 'Interested, In. thei ^ Sehulberg-r 'Kohn pr6pOsai^ ,: ; ^^^^-^ .;U?)io^ of the Farainount W inent wlio liavp ' been cohcerlied. —fl bOUt-the . pgop OHal,-n.n(^-ntharfll--ff :hft. yrere ,Interested In the proposed un- aertaXlng,. .werfe hoiilpg that with Adolph • Zukbr's . return . to New tork, that ;, th6 Scliulberg-Kbhn- r-rSfrpi7^a*-would--be-^isayed^ trustees.. Zukor was held to liave [Sponsored the • pi'oposal originally, end, word frbni the Coast ,wa,a that the - deal was hanging- iflre; even ' aft^r the mentioned creditor^' meet —Ing.. ■ -;.,■". ;■■.■; ;--- .■ .-.; -:— :,;,. - Oversight , Although,'it Happened One Night' swept the M,otlon Pic- ture Academy awards, no men- tlbn was made- of the parent stbry, 'Night Bus.' , Conilnent - .pf Samuel . . Hopkins Adams, author of 'Bus,' was: 'Everybody wins but father.' age, /wlth . forelg;n . films 63p'ecla.lly gieitlngv a. ■ thbrbjagrh- ransacking. •■Testament Of Dr. -Mabosse,'^^ 1^ film iriftde by Fritz Xahg iil Ger- many , for iCJnlversai, was rejected in .tptp last week. Called 'in- archlstic Iri Intent'" by. the scissors laids.: Had been subniltt^d by Max Gbldberg, Who has the; Ui S; dls- trlbiitlipn rights.: \ ~ ' ' • Mdve foHows'i similar coniplete ban a couple ! of Wfeeks ago- .on 'Marie,' French-Hungarlain, talker lAade f)y Paul Fejbs and submitted by . DuWorld. 'Also censors last week ordered .the eilniilnia.tIoh of about two reels In 'Maternelle,' i'r.ench talker submitted by; John Tapernoux. ' DIsti-Ib is considering a public, appeal because claiming the elimination ordered would,liilh the story continuity/ Film was =pg3irec^^wltfaxTO t -the^^l imlBgttqnyHif France, England and Oermany, Censor group has bieeri watching foreign films especially closely since th^ abtlvlty of the Hays production: Hollywood, April 2. Metro will talk a hew deal for two y(Bars with David iSelznlck this iJteLek, Understanding Is Silznick wants __«niJn,creg^ie_ oyer .hl^_pr;esent,:-$4,000 weekly salary, ilso a percentage on all plcturea he makes.:. WANTS PUBUC DOMAIN DEFINED IN YARN SUIT Los Angclesi April .2. Definition of 'public domain' as It appllies to privilege of free use of literary material Is expected to' be clarified In Superior Court when the $250,000! alleged; plagiarism suit brought by Jack Quartaro against iPrancis -Lederer -a RKO-RadIo proceeds' to trial early this month.. Piaywrlght charjereS ^tfiat lUiderer of an original story plot, them6 and dramatic epis.pde in Itadfo's 'Rb- ■jnanrn in Manhattan,' after Lederer had read and rejected the eubrhltted ■tale.- ■"■":.■',/;■■■ . In; his answer, Lederer as one phase of defensive denial states that thei material cited In the com- plaint is in public domain and not -the . eXGlustye-)?igh t^ writer. ' " ■ Court afctlpn : :Is now In, the demurrer stage, with Quartaro de- manding In a preliminary motion that the aqtor ana the studio more Bpeciflcally state the source of 'Ro- mance Ih Mixnhattan' screen play. STEVENS MEGS HEPBUBN ——-——^——H4>lly*vo6dr^pr41 Katharine' Hepburn's starrer, Alice Adams,' by Booth Tarking- tpn, Ig "to be :dlrecfed~^by' Gfeorgc fitevens, now completlhg, Wheeler- Wooisey's (Nltwltis.' . code started. 'LilliOm'. (Fox) was; "clipped . and practically e v e r y French .and other . language Euro- pean; talker submitted in recent; 'n)ohtli^ has iihdergpne one or more eliminations.' "This 1^, understood .to be because of protests Irom some parts that European fllmers were gettlrig away with stuff In pictures which Americans were not per-i ihitted. Hays office has asked forr' plgn 'film distrlbs tb submit their films In accordance with this pro- ductiion code; provisions but about ha;if of th6 Indie dlstt-lbs have been fighting shy Of tjie Breen morality ruHnes and there " Is no, wiay.' of Hays forcing the tissue. Censors are eyen, now, watching English titles more closely than they did and checking up on dialog "throughouti~Wltb"~woras~i)ir^fi1uses ; frequently cut ^ut Pf tlie sound "trap ks: ~ :GiTe"t eicent~lHitan<5e~waa^ In 'CamHie' (DuWorld), in which the censors ordeted a,n English trainisla- tlon of a song;; lyric out, although passing the actual lyric In French, with, the explanation that Insinua;^ tions In English, and French are different. WILL MAHONEY I)ally Ezprecis, Oiasgow, March 12, 1986: "Will Mahoney Is the sparkling : central'' point ■ round- which - 'Radio New YQTltf a,f the Empire , revolves. The,8!ecret of .Will Mahopey's sUc^ ce'sB Id hlS' orlgliiality iihd his ca- .paclty for co-brdlnatlbn.'f Illr^tlon;' ; Mayfiair Theatre -BDlldlng; New Tork .<?ity FAMOUS FIRST NIGHTS The foUoMng deBcriptioni of viiemoraTtU theatrical premierea is c compilation of stage^ Bisreiri,' concert or nife cluh openiiiga , which, for': someiodd circumstances or another, stand out in sJioub 1)usiness, They will be recorded without thought to chroiiologkat.order, the reasoni for the-.distinctionibf.each firepiiere range anyiohi^e from:8ome historical signiHicance, An connection with the debut; of aji ,artist, novelty show venture, play or companjff to some other attendant excitement badkstage, some colorful occurrence''out'fronts or fnerely because of the gala cir- 'cumstances. This 'is id be a continued series. ■.:■:-.;;■■^: :•;■■;:::■ ^Scandali' (Gth Edition) (Apollo, N. Y.. Jun* 14, 1926) ' ' . In. the heyday of. Broadway's legit, when musical show grosses ap- proached 150,000 weekly, there were three rival revue producers—the lat« Flo Zlegfeld. George White and Earl Carroll, premieres of the 'Fpllies', 'Scandals' and 'Vanities', .drew those willing to pay high to sit In at 'the first'night. • ,\'::■'■■■/:::( . . ;■'.-..,;■■■:■■'■■-'■."•■".."'■'^^' ■•" Rivalry between Zlegfeld land' White was no secret, with one trying to top 'the other. When Zleggy established a'firSt night top of $22,. White followed :by raising the ante.to the unheard, of price pf $^5 per ticket tor this premiere, the sixth, edltlpn and what Is believed to have b^ep tiie most successful of his..'Scandals'. Scaling of the Apolto for the 'Scandals' opening called for 10 roWs at the $65 scale (306 seats at . the price), which some people were actiially. reiioitited payin^^^ three, rbws (180 seats) Were priced at $38.60, fol- lowed by three roWs at $27.6pi %nd. then scaling down to $11 for the'laist three lower floor rows. 'Ch&p>est tickets w'ere rear balcony at $6.60..'' . ^ ; First' night gross was;.$28,000,, and becaiui'se ,bf . that': start, the; Inltjal week's'total was quoted at $61,900, an all-tihie r.e'pbjfd for revues. Regular top of . 'Scandals' was $6.^0 and Its normixr 'iiacp was $39,000 Weekly- - FOR RELEASE Hollywood, April 2. . With 32 weeks to go on a 40-week contract, during which period- she ha^ lipt been used, June Walker was released by Fox today (Mon.) and .paid,-iu:auhd-$12,00<lL-for-^nexpIred portion of the contract Understood Miss Walker had dif- ferences with Janet Gay nor over 'farmer Takes a Wife' which helped FRENCItllSERABLES' KEEPING OFF U.S. MART Pathe-Nathan .has made: a deal .with^20lh:-C6ntury-agreeing-not- to release Its 'Les Mlser.ibles* in the Urilted-Staties,leaving Ihe'fl^ld c^ (Trturjr-filra—of—the" same subject. Twentieth pild the ^French fllmer a. flat su m, understood to ha ahniit $10,000 for the. IT. S. rights. French picture has already been released abroad. '.■■ ■■.;■ Hold Laurel to Trial For Dunking Pic Actor Los Angeles, April 2. Effort pf Stan Laurel to evade uiswer, thrmigh .demurrer, to- charges of John D. Wood, young actor, thafc the comic In practical Joke helped heave him Intb the Hal Roach studio ducking pool, went iflopey; when Superipr Judge Robert '^CennjM>ver-Fuled^the--lnt«rposer;-[^ratnl'--ttB—t: Plaintiff demands $40,600 damages for lnjurle.s assertcdly sustained by the Tira'fflflsTi dunkfifg, and' Laurel has a week in which to flle his re-^ tort before case proceeds to trial. . Comity' Troope Headin' Home; Typee' Foli&ig, Too Hollywood, ■April 2. -• Frank Lloyd and his production crew are homeward - bound from Ta- hiti after finishing exterior and background shots in the South Seas for Metro's 'Mutiny On The Bounty.* Director was able to fin- ish up within a month to catch tho next boat home, and- arrives In San Francisco Friday (6). Dramatic end of the picture is slated to get going at the studio the end of tho month.- - .J..-'- - ■ ■:,■:■/ .- ■ '■■ Rlchard~Thori)e, directing 'Typee' In and around Tahiti for Metro, was unable to finish iip to grab the same boat, but Is cleaning up the picture to leave Tahiti April 23. Cotdng Byrd Film --■■,-■—, - : ■ - Hollywood, April. 2. The 100.000 feet of film shot by Cameramen Carl Peterson arid John Herman for Paramount pn the re- cent. Byrd Antarctic expedition: will be cut down to a feature at the Paramount studio here. ■> .-: The two cameramen are remalfi-^ ing in-town about a montlL.tbVsltln on rough cut of the inaterial, and will then hop" eaat" to rejoin the company's-newBreel-Btarf. -, —-v~ :SidtUiigJCaiii«iiii31op.cl!_ Hollywood, April 2. Set construction has started on 'Captain Blood' at Warners With the ^ picture slated tb get started in four weeks. Robert Donat starred. Is due In from England next week. -Errol^ynnr English' Import'^lHTthg' only.other player cast so far., - Michael Curtiz will direct with Harry Joe Brown producing. ^ Test Abel as Grant Hollywood, April 2. Radio Is having tests made of Waiter Abel for the lead In , 'Mr ;lre~flrBt picture o Radio contract.' _ morts atiJirstjrece .made to hotk. row Edward (J. Robinson from WB tb play Grant. Stephen Roberts directs.- ' (caipaclty); There always was sonie doubt about that $66 first hight..\ Agencies who secured 'front locfttlonsi were known to ^ave chopped the price, unable to .unload. Whito .in^sted that the brokers themselves put it on .the .line,"t>ut It was'clalmednater that the' producer reimbursed the specs fbr their reputed first night loss. . . , ■ ' . 'Anns and the Man' :■'■;■■ •/"'. (Garrick, N. Y., April 23,tl«96) - ■ Richard Mah'sfield ■ selected> Shakespeare's' birthday for his Initial. pro- duction as actor-manager'of the Garrlck, originally built by Edward rHarHgan. The play Was- ShaW's 'Arihs and the Man* (musical version 'later as 'The Chocolate S'bldler). ' ; ; Theatre was more Important than the play,- for Mansfield replaced' the orchestra with U spring quartet and Introduced Into the house many of his oWn Ideas. Included was the forerunner of Indirect lighting, the in-, candescents all showing through gauze. Curiosity drew a highly fash- ionable audience. Company was uniniportant, only Beatrice Cameron (Mrs. Mansfield) and Mrs. McKee Rankin being outstanding . names, but the venture proved successful. U. S. Historical Film Cycle Waehingtony Grant, Farragut» Jones Among Teter' Warmed Oyer Hollywood, April 2. ' "Peter Ibbetson,' a consistent, pn- and-offer at Paramount, Is oh the fire again with the studio mulling either Ann Harding or Irene Dunne fbr the lead. Gary Cooper gets the male topper. Louis D. Lighten will 'produce with a deal pending for Richard Wallace to direct. Screen play Is being written by Sidney Howard. - ^ ... Tuner Lead for Raft After 'Personals Tour " Holly wood, Aprir 2. George Raft, is set as the male lead In Walteir Wangerls musical; 'Every Night At Eight.' Picture win get under -way when Raft re- turns from - his vpersonal- appearance- tour around May 6. Raft leaves for the east next week. No director, set for ttie picture with Wanger talking to both Mitchell Lelsen and Lewis Mile- stone. . - ;•' Graham Baker and Gene Townc have been taken off: 'Every Night'- to work on. the script of 'Shanghai' which Wanger Is rushing. Lou is Stevens is also on the script Wanger Is trying to get Carole Lombard for the femme topper. 2 FELBIEBS LUGET Two New Yorkers In the film business drew prizes in the Irish sweeps. F'aul Reynolds, associated _wl.th_Duke_JHfellington,._bullder_of- hoiise fronts and formerly with Pub- lix, pulled a ticket on the favorite. Golden Miller, but rather than hope for success and -$1-50,000, sold: hfs ticket for $30,000. His horse, as It developed, didn't conie In. Another to win is Jim Riley, In the stock room at Par's home office. He drew a consolation prize of 100 {'^-poundSr-a.r-ound-4485T- Maiy Carroll, understudy to Con- stance Cummlngs currently with 'Accent oh Touth' at the Plymouth theatre, N. T., held a stub fbr one of the consolation prizes of $4,860. Hollywood, April 2. Studios' yen .fpr. biographical fea- tj»res- Includes Columbiia's 'Valley. PprgeV (Washlngtpn), Radio's U. S. Grant film and Universal's Ad- miral Farragut as a screen hero.' Both Paramount and Radio are also looking for this type yarn iand Fox is interested in a stbry abbut Jolin Paul Jones, naval hero. ■ Previousiy studios have. shied from these characters fearing tho usual coniplicatlons from overly sensitive relatives. Descendents even of fanied western. desperados have been known to resent the. por- trayal of their kin In films. Historical turn of mind of the studios is supposed to have been caused through the amount of ac- tion in the lives of Civil War and Revolutionary figures which lend themselves to good motion pictures. Both the Radio and Universal" pic- tures will be turned out as specials.. U also Will produce^'Sutter's Gold' - and 'Diamond Jim Brady,' both-bio- graphical but not;historical. SAILINGS April 3 (New York^ to Irela-nd), Gene Fowler and family (Exeter)-.' .'April 3 (New York fo' XTondprf);" Irving Asher, Laura, La Plante (Olympic). ": ,"■ -M5rrclr-30^t1^ew-Y1STlrl:o—IrelandXr Thornton Delehanty (Stuttgart). March 30 (New York to Paris), Yvon ne Prlhtemps. Pierre Fresnay, Vladltplr Golschtnann, Lptte Leh- mann, David LlbidinS, "Julian Hlll- man (Paris).. March 30 (New York to Genoa), Joseph Hummel (Rex). - March 29 (Southern cruise), Carl Van Dpreri, PaiiJ Van Dpr en. Jerry Doyle, Fowler and "Tamar.!, Al Tra- han, Yukona Cameron (Lafayette). March 29 (New York to London), H. G. Wells, Vernon B^rl'lett, Mat- tnew wohher, Xiuawig Hoffmari" (Bremen). March 29 (New York to London), Willem' Van Hoogstratcn (Bcren- garla). '■'. ARRIVALS Claude Alllster, Mack Sennett, Leslie, Stoll, Dr. Paul Czliiner, Paul Kohner, Binnie Barnes, PYed Le- Quorne.