Variety (Apr 1935)

VARIETY- * 1 cr liii^* IKediieidAj^ April 3» 19351 to ^ iCu^ Next Seasoo HoldlHg that It l8 a matter tor the Hays dfl?ce to cdnslder, thieatre operatot^ are threatening, to de'- mand that action be taben agailhst tibe^ sale and exhibition of reissues ~!n ordir' that other housies be pro- tected against this policy. Repeat engagements by th€> score on pic- tures long out of circulation is also Affecting the distributor with re- spect to playing : time on current product,' Is another afgurneat. - • Up. to noW the M,P,P.DJL has Bt<eered; clear ; of the tevlval conr troyersyi . Most of the distributors have taken the view tha.t they re- alize Ithey are adding fuel to trou>* blcid flres by continuing to sell oldies but . that as long ara the others i are doing It: ihfty might as well siiare In some of the extra pennies oh.8ucli'"r^ntal3.;;-■ All the major distributors have received numerous complaints, ad- BQlttedly Justified becaiuse when they agree to play , dates on old ■ fftfttiireg -they are falling to ptotect: accounts playing hew' piroduct. These accounts do the cbinaplalnlhg. General hoUer ' Is a,galnst . theatres Which operate week In and week < oiit with nothing but old releases; frequently . adV,ertlBln|5, them in Quch 'a ;manner as to ! mlsk^ the public. ■ Fatorlte atunt is to book . one. p^^^ ;fpmp6tltpr t^ho ls-/piaylng the newest: release wlth;tiie .^same star. ! The. rehtols are ' radically :differeiit but It mostly tends to hurt , the inajor release; V ...The distributors, ! claim their major ' chain :"afflliates;; are loslhig pIenty; ot ,lmoney on new product by permitiing the revival policy to operate.; against them. The major chidna: themselvea are getting steaihjed up over tfaie situation, and dlBtrlbutors may get together on Par Take^ ^^^^^^^' for Pair . H6Uyw<H>d, Ap . -Story rights-arid-script prepara-: tlbn to date on liet's . Get Married' have been put-chased by Paramount from I^dlo. Ibiy Harris, who has biBen ilnlhg lipi the script at Radio, swings: over to the Paramount writ- ing staff to complete his; assigh- ■ment. : , ; ■ ■ Picture waa siecured by Piara- mount as yehtcija for Sylvia Sidney; and lYed McMurray. .. Washington, April 2: Reinov£il of rjestrlctlons blocking theatre owners itrom ; taking advan- tage of .the Goyerhmeiit's drive to spur ^iiew cbnst^ructloh 4a .ori schedule, v Leglatatldn lifting the present limit on Federal Housing Admlnlstra,tlon loans for remodeling and modemlzatioh of. Aomes and othej;- properties Is due for iMissage before tbe present session of' Cori- gress folds. Bin boosting; the figure from $2,000 to |60,000 has gone through the House and appears sure to pass, the Senate In Ume. : Vlr|^ually. :no business has - been done With' theatres under the preseirit ; -Pittsburgh, April 2. 1^ action Is i threatened against the New York State Board of Censors by Ju^ge M."A, Mus- marino, co-author of 'Black Fury,' If the former coterie ma,ke9; any moyo to eliminate certain; 'IhiBammatory aeenes- from the, V^arner Bros, fllm production. Judge Musmanno -dcclajeaHg3t?weelc-that4i o will fi isht thb i?. T. censors In thft courts to keep liitact' the rtory ais filmed. He sent ia wire of 'protests to the New York b;6ard.and asked' that the lat- t^ir ad^se Wm of any: deletions. ..^ Judge Musiinanno ayerred that he undei^stooid that New - Toi^k censdrs hid objected to parts of the film; /' He 'collabed' on It, brlglnal spurte being a play,' "Bohunk;' by * Harry R4 irvlrig;.': ; "'•''■;■ >■ ■;;• . : ■; F(« PUTS TWO OTHERS IN WORK ... ^ „. I set-up, although Housing Admlnls- the matter before the new selling Uratldn has had a few nibbles from season. —-="<-exTflPB-Iriterestea^ir'gBini^ vatlons and Installing liew equip- ment. When iacqualnted with coii- dltions of the loans, most rnohey- seeker^ decided notiilng . would be gained by borrowing under Govern merit auspldes. QoVerninent experts belleVe that If the coin were available under reasonable conditions many theatre properties would be fixed up and considerable employment would be created.: Ezhlbs have, been cboper- atlng in propagandizing' the home Improvement campaign, with result that. Housing Administration feels disposed to help, them get spmethlng for themselves. Hollywood, April 2. Fo^; has three starters this week, two . In the special class, and one programmer. 'Farmer Takes a 'Wife' and . 'In did Kentucky* a,re-jthe top- . pers. 'Farmer? has Janet Gaynor, Henry Fonda,' Slim Summefvllle, Roger lirihoff, Jane -Withers and Andy Deylne In the cast. Wlnfleld Sheeiian produces, with Vlctbr 'Fleimlng , directing. Latter stars Will Bdgers. .with Bill Robinson and Dorothy ^Wilson cast George' Mar- ;*han directs. ; ; v \ ■ -- ' ; ,- Third is 'eharlie Cha:n In Egypiti' Louis; King directing, with Wiarner Oland, Pat Patterson, Rita Canaino, Thomas Beck and Stepln iFetchlt In the cast. LOEW-RKO INVADING HUFFMAN DENVER BELT : Harry Huftman's control of the film house situation in Denver Is being threatened for the first tiriiiB In .years, .Lpew.- arid RKO are re- ported Invadirig the Denver situa- tion. It is handed that LoeW Is "in- terested financially with RKO In the recent. takeover, arid operation of —the—Orpheurii, in t he-^ockyl-Mt.- metropolls. It may mean that Metro films, which hitherto went to the Huffman —theatre s,; wil l-^lde lntO"tire Orpheum Instead. The Orph Is beirig operated by RKO. For the present, Huffmari, ■ coritrolllng the situation In the town holds all the available product. • SHERMAN'S 6 INDIES FOR FAR RELEASING Hollywood, April: 2. Harry ; Shermjiii, will produce a group of /six features for 1936-86, with Parainpurit tkklng the pictures for . dlstributlpri. Producer will make the-serles at Prudential stu- dios,; formerly Tec Art, which he has been operating for the past sev- eral months. Deal for the Sherman series Is the first of several expected to ;>9 closed by Paramount whereby the company will acquire distribution of about 26 pictures for next sea- son that can be slotted for the less- er 'housed....'- COHEN VACASHIMG H«t ;8«vtral Film Prod. Bids - Reitino Up First But > Briianuel Cohen plans a vacation of two or three moritbt belbre he resumes film production. Intsluded among th^ offers made is one for Cohen to head a combo theatre and flniaricial .group which plans to form a new flim producing unit. Addi- tionally, he has major jstudlo pro- ducing unit bldSi V . Presently, -Cohen la said to be In Maine, where he has gone for a reert of several weeks. Wodd Sue Cens^ To Protect ffis Film . V. . ..^jhicaiib;'jlprt^ .2.; ■. . ..tojcal/cepsof . board last week re- J^bted ;'Black Fury': -CWB). Wfliher exchange here now working to trade soriie slices for a flinial oktiy.' . . WB's :. fBiack Fury*. goes into strand, N. T., Aprjtl 8 with 'Go .Iiito Tour. Dance' (WB) itet for Easter We elC.. '■■ ■ '. .';■' '■ '..:., ■ .' ■^AipougH^Chr";® ■ "jibiedT'Biffck" Fury,' . New York ceiu^jra passed It today (Tuesday) -without cuts, arid the Peonsyl board has alr^dy; ap- proved' the.'film.-;:'.;. ■,. on No FV D. Deals Just Now; Says Tlioiqas* I^ter Harry Thcimas, head : of . First Division, says there are, no dea.is on for sale of F. p. arid that no one* has approached him. Sb far ia,s he knows, none of his partners. Includ- ing Nick ' Leddington, BiUy Fiske and Jbhn Curtis, have beeri sounded. vSonie releasing deals miay .be entered Into by First Dlv. with pro- ducers^ but so far, there ha^ been no negbtlatlpn to handle the 12 pictures which Major John 2^ Is planning under, firiariclng liy Pathe: WB IS HOSTING GRADY CASTING AT MG IN UMAffiE'S ABSENCE . Hollywood,-April 2. William Grady, talent scout for Metro' in the east, !• sitting in as casting director during; the absence of Rufus LeAIalre, on ieave of ab-: sence to -go abroad. Mkrcella Knapp wilt be hiis first lieutenant - While -In London, LeMalre Will discuss matters with His charge, Geprgr!a Arllss, in addition to talent scouting. Due back at MG In six weeks. ite for Writers ; Hollywood,; April >. Metl-b''fl pruning.' of the writer staff has- been Irideilnltely post- poned. Scrlb roster, now; the heav- iest In two yeiars with 80 on the payroll. Is five over the . previous top.-- - Due. to heavy run of story grist In tiie mill and crowding of quar-. ters, quill gang Is being spotted^ all pver'theMot. ■'■.■':^"-■..■ ■;-. ■' y Borrows Lombard . Hollywood, April 2. Carole Xombard swings Over from Paramount to Universal on n, loan- out, for the top tpot Iri 'April Iri Pans,' riiuslcal, .being* readied by ij; -Tr liarburgnaHd" Eran^-'ScHuTz. ~: ~ Pair also writing the ditties. Har- burg is aisb producer. BOB 6ILLEAM EAST - , JHbilywopd, April 2^ Bob Gillhani, after two weeks of produdtidn corifferencesi Is planing [ tors of the circuit east today. .• ... .{ Si Fabian may, bid for cpritrpl of Pox Metrppolitan Playhouses, Iiici Such a bid wpuld be In the form of a reorganlza,tlon plan, similar to the pending Joint offer. by .Pbx^ Theatres Corp. and United Artists theatres. Federal. Judge Julian Mack has set April 15 as the date for hearing on the Fox, Theatrcs-U.A. oiffer. It Is f eit--that^the vFablarir pfferr-lf-madb,-- will be heard at the same time. . In View of the Fabian ppsslblllty, a lively hearing Is looked for bti the appointed date. Like the Fox Thea- tresi-U.A. plan, any; p(fer which inay be made: by Fabian : would include' necessarily ; that Skburaa arid the Randforce people cpntlnue as opera- Bbndholder.9 stand to get ap^roxl- / Warner - Bros. Is- hosting:'ct -flock of film critics from Cleyeiand, Pitts- burgh, Newark arid'New-Ha<Ven this ;week, coming Into NeW.'York. Sun day (31) for. a Monday- inldnigbt preview of 'Go Into Your Dancis' and . also tp sie.e 'BJack Fury<'. the subject' oif censorial ; discu£(i^l6iv. In NpW; atork ■ and ^lUlhpia. ' ' ■ ■ Washington scribes 'wersi Valeo to have come In but due to \Vamers* own leg4t, 'Celling Zero,' debuttlng III the Capital this week, arid with the film critics tbere also covering dramatics. It was deemed iriadvlsa ble to lure; -era to Br6a.dwayi This Is the fi^t N. 'ir.; film company to in3dte-tjb.elj o.ut -jofTt6.wn- cr icks jinc e Far^s stunt _three summers ago. - Warnera 'wUl also hoist the visit' Ing: scrJyeners at 'Three Men on a Horse' Iri Niew York, the legit ;'Whlch is 60% owned by 'WB. .The by liners are all ^piu-ked at-the'Edison hotel.' ■■..'.' : /Washington, April 2. William Fpx'4 last bope of re-es^ tablishlng himself In the film Indus- try through the vehicle of his Ger- man Soiind picture patents was killed Monday (i) when the U. S. Sripreme Court bluntly refUGed tP reconsider Its decision In the flyr wheel case§. Action of the riation's: highest tribunal puts a stopper on all Trlr; Ergon: moves to. gairi control ; of sound, production, and exhibition, as time limit for a petition for rehear'r. Ing expired Friday (29), Fox abaii- doned ; move to get a toe-hold In: production .l ^hrough his : disputed double prliit, rights, basing- his last ^resort only on the exhibitor' cases. Thomas D^ Thatcher aind other attorneys ■ for American Trl-tJrgori Cprp., holding :up action until Just befbrb the dtodline, asked the court to hear ne'w ai-guments,: contending that the lengthy and Involved de- cision In the flywheel litigation was -haaed on' .mlHiiTiflAr.«»taTiAtii ff -hf la- Clevelandj. Ao?rll 2^ George. Davis, of the Press, and Harland Fend, of the --News, hiade the hop to N. Y. iat "WarncrB' Invlta- tlPn. Ward Marsh, of . the Plain Dealer, by strict contract yith the paper, can't get away.- . Pittsburgh. April S. Warner Bro^, playlrig host to fllm* cricks-of three Pittsburgh news- papersi taklrig them on a Junket trip to New York. Boys making the: jaunt are Kc^rl Krug and William J, Lewis, of . iSun- Telegraph; Kaspar Moriahan, of .Press, arid Harold. W. Cohen, of :Eos.t-!Ga9ette.. " ' FABIAN TAKES OVER RK0'S5INUPPERN.y. Before the 'week Is over, RKO will have stepped . put of theatre operation In upstate New York. There Is a deal- set whereby Bl Fabian takes oyer all of RKO'S up- state N; Y., without any- cash In- volved. Towns concerned/ are Albtiny, Schenectady and "Troy, covt erlng five theatres. This cuts the RKO '.' circuit b peratlPn flown to aromrd'>6irou¥e3. Indications are that Fabian will send . Lou: :Qoldlng,^L.whp.. formerly. bperated for RKO. to handle the mately 7Bcj on the dollar, nnder the Fbx Thektre3-U.A. plan. Of this fljrurie, the cash palrt- iirlll be around •20c.-^^-:■•: Fabian's: offer, :i't. Is presumed, will ciall ..for . a iblgger -eash spread among the boridholden. ; : Fabian's -assoclateii In con- tetnplated otter are not identlfled. They u« stated; to be persons wbp -are--not--^assoclated—wltlr—the—film- theatre Industry presently..' Inslders. to the Fox Met altuatlori are of the ; opinion that the Fox TheatrearU.A. plto will come be- fore the court, without the formal TjSCPmme'ndatlOri "lot noteholders' committee. It Is had on good authority that this eominlt- tee of four membeni ts dlvMed on this 'recpmmendatlen'. aiiflt. spots Involved. Ciertaln of the thea- tres which Fabian takes' over are those that: he himatlf ei-ected. - ' ' Fabian takeover will not: affect the existing pools between RICb and the Buckley houses In Albany, .or the; RKO pbpl with Parley In Schenectady. These, pooling ar- rangemerits look to retniain, with Fabian replacing the RKO interest In same. Houses which Fabian takes oyer Include the Palace and the Grand, Albany; plaza .aind the Proctor, In Schnectady; and the -EEOctoc, Troy. ; . ■ ; ^ METROES 8E0BTS SEEDES V / ' . ■ Hollywood, April; 2. ; ; Met_rp hits, signed a new deal with: Hwh HaririoH "aridTludblph Islrig to. release 'Harmonizing Cartoons,' 13; onel-reejers, arid a limited rium- .ber of two-reel featurettes, all to be made In threertorie technicolor. sues,, was In part not supported by ' , the - evidence, and will caiise tre- , mendoiis. confusion In similar pat- .erit dlsptites: Citing a long list pf comparable, patent casbs. Fox a,ltbr- neys argued ln : 8upport of their re- openlrig; plea that ' the court erred in throwing ; bUt disclaimers - by which Pbi attemipted to rescue the . flywheel paterits and asserted that : thb VeCbrd 'dbmonstratCd conclu- sively, that the Inventions cbhstl* . tilted "ite.w discoveries arid jii'bgress In the'^ound picture art; •' : •-V • With frequent referencais to JUs'^ tlce Stone's , statements that no de- mand existed for spiind films prior to 1926 and that: IritroductiPri- of sound was delayed by;la;ck of otlier equipment rathdr than deficiency of projecting : machines, Tri-Ergon counsel asserted that the necessat'ir imechanrsHEzwak^ Gefman inventors 'who \fere the. first to : give sound on;jQIm sound - pictures to' ■ the ; world.' ' ChTirgeA ; that "their work has now been ap- - propriated by the great corpora- tions of this country, arid with lih- > punlty under this court's treatment Of what, we respectfully submit, was i a pioneer invention.' . In this - discussion, Fox said' Ve . can find no testimony to show that these electrical devices were not of: sufilclently a.dvanced development to Justify commerolal sound pictures . long prlbr to . 1926. Indeed, the. record clearly arid Indisputably shpws that the patentees had them In, Germany -as early as 1922. Un- , der the court's reasoning In this case, this date—id26r—is critical be- cause the court, under an entire misapprehension. Is reaspnlrig that . v the 'Western Electric gave up Its efforts' In sound on film for discs prior to 1926 because It needed these devlces-for- the-^film-system-but not— for the discs, and that when after ; 1926 the necessary Improvements' in these devices were made, It . was obvious to provide the invention here." REPORT EASTMAN HAS NEW COLOR PROCESS Rochesteri N. Y,, A-jprJl 2w . \ Reported /;tbat Kastraan Kodak Co^ has perfected a color process for use: In' standard riiotlon picture camerasr:^&tmoi3t—iecrecy^reVa^^ about the' developrinent and pnly a few Iri- the. Inner aarlctum of the; company know the: details. But Irif' ~ ^terested piitslde^TB have ;Kt!ffi"trTCrid sbeh enough to convince them a new :Color. process ha,s. been developed and l8 about ready for announces mont. . ./ It Is said that a former Triember of the Eastman tueatre: orchestra conceived the Idea, Joined, the re- ^ search department of tbe company four years ago arid has been bclp« Ing develop thO process since that time; ■"■ Berres Back on Coast Hollywood. April J. ' Al Berres, studio-labor cbnclll- ator for. the basic studio agreement., resumed his post yesterday (Mon- day) afteivle^re of absence iri the east to make an avration survey for President Rppsevelt " He turrted in his report to; Washr Ington last week and hit fot ,the Coast with Pat Casey. . : :