Variety (Sep 1935)

T/cdaesday, September 25» 1935 PIC¥ E S VARIETY Ciii States-Righters Squawk, Gaim Majors OK 2-Bi 10c Gate Sneak Chicago, Sept. Indie exchanges around here are yelping that the major distributors ~afe"tEicJtly okaying iOc.' admlsBions^ and double features among the smaller houses despite set clauses in all local contracts banning twin bills tirti ijerialttiBSf-dime-houcoff only- In. .the^2niw_eek_M release. However, there are a number of houses doubling up on. major product and theria are many theatres running in the'eighth week of release at 10c on the matinees and 16c at'night, with several running at a thin one all day.. , . ^ States right exchanges , have been living off of these indie shbotltig galleries for the past three years since the general prohibition of doubles in Chicago. When these small liouses wanted to be run at a dime or an occasional double bill they all came to the states right exchanges for. indie product which .w:as not included in the ban. But now the major exchanges are allegedly closing, their eyes to the theatres which are violating the clauses of the dontrkcts and per^ mltting them to double bill and ^Ilce admission charges. Which is leaving the indie distribs out in the' cold entirely. Instead of gofng intq the indie market to secure double feature product the exhibs are; using their regular contract product for the bargain bills. LA. POLITICS JAMMED, CENSOR LAW STANDS New. Orleans, Sept, 24. With the adminlstratibri forces busy with a spilt in its ranks and the gubernatorial campaign on IffS hands, It is unlikely that anything will be done until after the election in January to repeal the state cen- sorship law. There is no hope of Governor Allen -calling the legisla- ture together in special session to repeal many of the laws enacted at the bidding of the late Senator Long. Exchange men and exhlbitprs have lost hope that the board -will be abolished for the present. OTTAWA'S SHOW BIZ For 1934-'35, Slightly Under 1933-'34 Season Ottawa, Sept, 24. More than 3,000,000 patronized the dozen theatres of Ottawa during the last calendar year according to the Federal Government census on the local amusement trade. B.O. re- ceipts for 1934 totalled $836,900 but this was down 7% from the previous year when the take was $900,600. The average admission price was 25,7 c.—slightly down from 1933. which largely accounts for the drop in revenue. The 1934 admissions . numbered 3,259,000. Business for the first four months of 1935 was appreciably better than in the corresponding pei'iod last yeiar but there has been a subse- quent decline. It is reported, because of the drastic Hepburn amusement tax increases Including the wiping out of the tax exemption on admis- sion's of 25c. and under. The levy on low-priced tickets now avefage^i 22'% of face value. Pierce, Milwaukee Chief for Fox Wesco Alilwaukee, Sept. 24. Roy pierce comes In as Milwau- kee manager for the Fox Wesco circuit under Harry Fitzgerald, manager of the Wisconsin terri- tory for Pox WescoV Pierce replaces Livingston Lan- nlng, who has been on the Mllwaii- ktio pQst for several years. CONIIN MOTOES WEST Jimmy Cbnlln (Conlln and GlasS) goes back to the Coast today (Wed- nesday) for a part In Metro's 'Rose Marie.' Comlc also doubles, as a hair-dye and shampoo manufac- turer in Hollywood. Motoring west with Conlin kre Charles J. Freeman, ■ Jr.; and .iils "rothor, Jo'"' <•r^•;^• r.f tSA T-i——lofg Even the Squeal Hollywood, Sept. 24. ■ Though" air cr^tlve'"workers" at 20th-Fox are compiaihihg about the many construction lioises emahat!ing from the new stage being; built, studio is casiiing in Wrrthe sound by ..plantlbe^. ^ .mUces-.-around.~-.the~ framiewprk of the building, recording . the sounds for future pictures. Pa. Ministers'Drive On Sunday Films; Ala. Approyes It All Oyer Philadelphia, Sept. 24^ * A last minute drive by Philadel- phia, mtnistera against the Sahday' fllni referendum is being organized this week: The referendum will conie up at the general election in November and last week pastors In the Philadelphia Fedeij'atlpn of Churches met to foriiiulate d united attack on the measure. They , plan to deliver denunciatory sermons to their -congregations between, now and election time to combat exhibi- tor and producers who have cir- cula;ted petitions for support of the vote. Montgomery, Sept. 2A. Sunda.y pictures and other.amuse- ments are how legal in all cities of Alabama. Governor Bibb Gr.aves to- day approved without delay a bill which legalized Sunday Alms, sports and oth^r amusements. For many years cities. like Annlston, Dothan, Tuscaloosa; Bessenier. and. Gadsden have been without picture show entertainment,^ but from now on, these towns and all other places In Alabama. The light for Sunday pictures In Alabama was . carried on success- fully by Richard M. Kennedy, south- ern division manager for R. B. Wilby, and William N. Wolfson, local city manager for the Wilby organization. Chattanooga, Sept. 24. An ordinance legalizing Sundays in Chattanooga for the first time since 1923 was passed by city com- mission last Tuesday, and comes up for second and third (flnal) read- ings this week. Local pastors* iassoclatlon. Is all set to pack the meeting and shout protests against the Sabbath flick- ers, but the commission is all set, 4-1. to ratify the bill. ' Spartanburg,! S. C, Sept. 24. Add HendersonviUe, Carolina re- sort city, to list of Dixie spots barring Sunday shows. FOX-WC OVEN FINAL BANKRUPTCY RELEASE Los Angeles, Sept. 24. Final washup of Pox West Coast barkruptcy recorded when Referee In Bankruptcy Samuel W. McNTabb approved and conflf'med final ac- counting of the remaining trustee. W. H. Moore, Jr. Court also affirmed sale of the bankrupt estate to Na- tional Theatries Corp., as well as disposal of proceeds from sale, and entered an order discharging the trustee, as well as the two receiv- ers, Charles P. Skouras and John Tralnbr. Court failed to recognize written protests of two indie theatre op- .errtors. Rimers'2 B'way Plays Hollywood. Sept. 24. Two stage plays by Gene Townc and Graham Baker, "Purity Seal' and - 'They WiU. Parade,' 'are being readied for production on Bi-oadway this season. Dorothy Mackalll Is Up for the lead In 'Purity Seal,' with A. Van Buren on deal for the direction <if play; EAYMOND'S NEXT PIC .Hollywood, Sept. 24. ! Radio has bought Kenneth Earl's 'Love- on a Bet* for Gene Raymond •Starrer. 'Leigh Jason dlrectH. Del Rio, WB Partii« Hollywood, ^ept 24. Warners and t>olores Del Rio are not renewing their contract, fol- lowing actress' last picture for the •£fVtiato-,-T«^-t'-ras^ Duiniess,' now be- ing made. Miss Del Rio assume freelance, status.. Actress did four, Inciudjtnjg 'Duchess' on her Warners ticket, others, being 'Madaine Du Barry,' In CaneHtS' afiff ^"jpiVe for LbVe/' RUBIN FRELS' $474,000 lELSUITJKSJIAJORS Dallas, Sept . Hoping for a final teat of alleged conspiracy between Texas inajor, exhibitors and distributors against independents, Rubin Prels, owner of houses in five Victoria County towns, flled suit in Dallas federal district court for $474,024 damages and $3d,D00 attorney's fees last Thursday (19). Frels names Jef- ferson Amus. Co., Bast Texas Theatres, Inc., Paramount, Fox, Universal, Columbia, Vitagraph, Metro, Sol Gordon, J. C. Clemmons and J. G. Long defendants In the suit. Suit charges that when Jefferson Amus. Co. opened a Victoria house, Frels^ Victoria house was discrimi- nated against in distribution of films: Frels alleges that the ex- iilbltors; Arms and distributors agreed to allow- Frels' - houses only short rUPS . on pictures; that. Jefr ferson* attempted to 'buy* Frels out of Victciria; that exhibitors threat- ened to trail Frels into other towns, particularly Bellvllle; that Frets' fllm^ supply was curtailed imme- diately Jefferson entered a town having a Fr^s house. Goldenberg as RecVr of Fox, Frisco; No Rent Pay - Hollywood, iSept. 24. Federal Judge Lauderback wHI decide Sept. 30 In San Francisco as whether Henry Goldenberg, man- ager of the Fox theatre there, who was appointed " temporary receiver for house, should remain perma- nently until the trial of action brought by the Fox-Chicago Co., which operates the Los, Angeles theatre, for $60,000 advanced tlje Frisco house for rent Capitol Corp., which leased the house to William Fox at a rental of $5,600 a week, with four years to go on the lease, will oppose the granting of a- permanent order. Week before the suit was Jbrought, Fox notified' the Capitol Corp., that unless it accepted $3,000 weekly, he would pay no rent. None has been paid since the receiver took charge. Setting Center Policy Rockefellers planning to reopen the Center, New York, Wednesday (2) with 'Here's.to Romance' (Fox) but not set up to yesterday after- noon (Tuesday) whether house would also have stage shows and what admission scale would be. 'Last Days of Pompeii' (Radio) is slated as the second picture for the house. If not playing stage shows,admis- sion, top will probably be Tec. but with a rostrum display It would be niore. John Kenneth Hyatt will be man- aging director Of the Center; Mur- ray Mai-tin, at the Rainbow Room, in a preiss capacity, will be advertising and publicity director. Donahue & Coe agency .to handle the ads. Levy, Cummings Sail Bonn W. Levy and the missus (Constance Cummings) sail to- day (25) for London. They have several ll^nglish picture deals to negotiate. Playwright Just wound up at Par on 'kiss Me Again' and' 'JPearl Necklace' while Miss Cummings had one of the top spots 'in yniyersal's 'Remember Last Night.' WB SIGNS FUBCELL ■Dick Purcell, character juve In 'Paths of Glory,' which opens in New York tomorrow. night (Thurs- day), had been,signed by Warners to a termer. Deal was set by Atatty Rosen. 'Purcell stays with the «how two weeks after its Broadway opiening apd then goes to the Coast. 306-AIlied'Einpire Operators UmonstoM^^^ To Absorb Latter 2 Bodies Big S Wedcs Hollywood, Sept, 24. 'Curly Top,' Shirley Temple starreri and one of three films " made" THirso«ttily ~ by~ W.—B." Sheehan Just before he re- signed from Fox, earned back its entire negative cost (arqunQ $700,000) In the first five weeks of release. All Initial bookings 'were on a perciantage basis. 3 Pin SHOWMEN Pittsburgh, Sept. 24. Three Pittsburgh: showmen seek- ing public office 'also ran', in prim- ary election here last week. Best showing,of all was made by George Jaffe, veiterah burlestiue operator, a candlda;te for city council on G. O;P. tipket. With four to be nominated, Jaffe ran a close fifth and for a time during early returns was welt in. lead." Running for county court, Louis L. Kaufman, ex-radlo an-, nounccr and air news commentator, lagged far behind on both tickets. Kaufihanl by the way, following day eloped to nearby Greensburg Pa., with Mrs. Virginia Thrasher New Mrs. Kaufman is the dlvorc.ed wife of Alan Thrasher,- former an- nouncer at KDKA, and the daughter of Eugene Connelly, well-known Pittsburgh showman and ifor. a long time manager of the Davis, her.i during its two-a-day vaudeville supremacy. Biggest disappointment in cam- paign, however, was showing of Jiidge M. A.. Musmanno in his race for the state supreme court. Local Jurist who co-authored Paul Muni's 'Black Fury,' was exiiectcd to give leading candidates on both G. O. P. and Democratic slates a:, stiff fight but he- fan far behind on both tickets. Qutstanding plank In Mus- manno's platform waa~ reforms he brought about In stat6 coal and Iron policemen, abuses of whom were pictured In detail In 'Black Fury.' DECISION OCT. 5 ON 10c FILMS IN MINN. Minneapolis, Sept. 24. After two days of arguments, the Federal District Court took under advisement the suit brought by the Benz. Bros, to compel'major Min- neapolis film exchanges to service their 10c subsequent-run theatres here and in St. Paul. Benz Bros, were Joined in the mandamus action at'the 11th hour by Dale & Mojft- gbmery, who operate the 1,600-seat Garrick in downtown St. Paul. The bench announced that a- de- cision would be forthcoming Oct. 6. The Benz outfit has the l,900-3eiat MInne. Palace and the •l,20b-6'eat Lyceum In St. Paul. Thfe exchanges are demanding. a minimum of I5c admissions for the theatres. 'Swing' Back in Work Hollywood, Sept. Daryl Zanuck has scheduled 'The Giant Swing,' W". S. Burnet's Hovel, for production. This will be the picture's second starter. Fox tried It as Rufua Le Malre's first production effort, stopped the picture after It had been in production for a we«*]f, Hodges G.M. for Garnett Hollywood, Sept. 24, Tay Garnett has named Doug Hodges general manager of the pro- ducing company he recently formed. Hodges, who formerly handled Garnett's publicity and assltert him in the organization of the company, will have charge of an ex- pedition to the Orfent next month, where backgrounds will be shot - Providing no unforeseen snags de- velop in negotiations under way t9 combine New York Operators, Lc>cal 306, Allied Operators and th«. Em<plre State Operators, one union will .henceforth rule the Greater New Y^o'rlc 'area/ "This' unloh"'win b'e 306, its identity to remain the same except that its membership will be -Increased through taking in mem- bers of the- other tvro unions. In 306 quarters the proposed merger is being referried to rather as 'absorp- tion' with a view to final peace In the bootlv field. Local 306 Is affiliated with the AmerlpB-h Federa- tion of Labor, As soon as plans are consum- mated for the absorption, 306 will consider tlie memberahlp a.pplica- tlohs of the men now belonging to both Allied and Empire but indi- cated that unquestionably all pres- ent members of these two sorcalled rump Unions will not' be admitted Into 30C because they will have to pass more rigid requirements, Be- tween Allied and Empire; the. mem- bership runs around 600, while 306'f present membership is ovei' 1,800. Allied, rather than Empire, has been the source of the greatest trouble for 306, latter union having confined Itself almost exclusively to Brooklyn' and under an agree- ment of a couple years back has n.ot been fighting 306. In line, with-ab- sorption proposals, 306 ei?ecutives met with Emi>lre leadisrs during the past week in between conferences Idoklng'^ to settlement .on a wage scale with the circuits. Expectation is that -the invitation to Allied and Empire ops to Join 308 will not go out unjtll latter haa signed its contract with the mana- gers. The de luxe-theatres In New; York, at bat with, the operator's union, Local 306, over a scale to apply to this class of house. Is demanding a cut in proportion to the $1.86 agreed upon for the Loew and RKO cir- cuit's class 'A' theatres. In negotia- tions for a de liixe scale which lasted most of Monday night' (23) and was continued' late yesterday ' afternoon (Tues.), Local 306. was puishlng for the same wage as now being plaid by the big hounes, whicii Is $2.66 an hour, and $3.83 for first hour overtime, $5.10 for second hour over. The de luxers last week paid their operators the full scale they have been. getting during the past year, although other theatres are paying $1.80 an hour pending consumma- tion of a contract. A cut the same as the RKO and Loew circuits are slated to get, amounting to 26>/4c an hour, would bring de luxers to around-$2.3Q an hour but expe.,ted.de luxe operators will attempt to get an agreement for less than this, as well as a sub- sta.ntlal decrease in overtime scale. Managers were .also scheduled to meet yesterday i fternoon or evening (Tues.) With the musicians. Local S02, over a new scale. Musicians are asking for $00 a week' to play 28 shows, $5 a man ifor ev3ry extra show played. At present uhlon is working 30 shows for $90 weekly. A minimum' contract for 36 tv'eeks is also sought by 802. iReachlng accord on a scale of $1.86 an hour' for the 'A,' houses of the Loew and RKO circuits la the Metropolitan area, tlie New York Operators, Local 306, started hud-, dies thlsl week on "scale to apply for de luxers and for the Class 'B* and JC houses of the various clrr cults. Ah soon as agreement Is reached on salary to apply for these grades of theatres among the cir- cuit operators, ujilon will start negotiations with the independents. Presumption is that the scale for de luxers may bti arouhd $2 aa hour or l-lc. more than, the 'A* hou.ses of the RKO-Loew chains. Figure for the 'B' houses will prob- .ably bo. around $1.60 and for ths .nmaller, less Important, 'C liouses around $1.40. ' Originally the union asked for $1,00. $1.75, $2 and $2.60 an hour, the ?2 flemand to apply for the 'A' chain hoii.ses on which accord has been reached "at $1.86. This is a yield by the union of .14c. an hour over its ()rl/<lnal (iqmand. Cir- cuits li.id hstm p.'iying $2'.12% on hour for not only the.'A' houses but all othei'.s a.s well, its complaint be* (Continued on page 68)