Variety (Sep 1935)

^^cdnesday* September 25, 1935 PICT ES VARIETY 23 ST. L THEATRE'S BAMRDPTCY St. Louis, Sept. 24. An Involuntary p^ltion In bank- ruptcy was filed In Federal Court late Tuesday (17) against Theatre B.ealty, CQ;, subsidiary. qf , To]f., The-- aires Corp., cdhtrolling Fox theatre ..iulldlniC,...Elatotiffs,,. i.'Will.Usan.. ...G, Powell, Manuel, M. Schultz aiid David BInderman, all o£, Chicaeo, who hold, respectively ?1,.000, $2,600 and $2,000 of defendant's first mort- gage bonds dated Oct. 1, 1927, allege that realty, comparty was Insolveht. Petition further charges- - bonds have been In default since""Ottober, 1931. Petition asks that company be reorganized under amended bankruptcy law as last report of receivers, Edmond Koeln, formelr. Collector of Bevenue, and James T. Blair, formei- State Supreme Court, Judge, shows loss of $34,036 which does not. Include defaulted bond, jntereist or receivership fee.s. . Theatre Bealty Co. issued $4,600,- 000 in first mortgage bonds against Fox Theatre and Humboldt Bldg., six-story ofBce building at . southr. west cbi;ner • of Washington and Grand boulevards about which the- atre .was built • AppUcation. to Hie an intervening petition Avas. f^led in Circuit tJourt on'Thursday (19) by WllUigiih t>. Balniani-, brokers, 'and. holder of 4(,.;$1,006 defaulted bond of Theatre Bealty Co. Application was takeii under advisement. Legal .fees-totaling $162,0,00 were Bought in receivership of the The- atre Bealty Co., owner o* Fox (Fanchon & Marco), In hearing Sat- urday- (21). before Circuit Judge O'Malleyi who wUl hear further evi- dence . this week'. -The receivers, James T. Blair, foi-mer'Missouri su- preme court- Judgfe, 'and Edmond Koeln, former :colie.ctor, each ipetir tl'oned for $35,000', while .their at- torneys, John S. Xeahj^ and Guy A. Tho'npson, ask for $32,500 each.. The St. Louis Uhlon Trust Co., plaintifE la suit, asked for fee of. $2,000. Its counsel, the law firm' of. Bryan, Wil- liams, CaviB & McPheeters, pre- sented a bill for $15,.000. Trust com- pany was trustee under a mortgage deed of trust covering- a bond issue secured by the building. The re- ceivers and their counsel were ap- pointed^ In* January, 1932, and have so far worked without'compensa- tion. It was pointed out in petition that receivers have collected $3,644,-. 041 since taking charge. A Bondholders' Protective Com- mittee is about to effect a reorgani- zation which will terminate re- ceivership, court -was Informed. The proposed fees were said to have met with no objection from committee. However, William W. Sleatfer,. Jr., attorney for William L. .BeUnan, owner of a defaulted $1,000 bond Questioned Leahy and Thompson In reference to a contract , wjtiereby;..re- ceivers are paying $1;000 a week to St. Louis theatre, fifth Fanchon; & Marco house here, and which has been closed for nearly a year. Con- tract enables' >recelvers to control operation of rival theatres which it has shows. Sleater contended it was not an advantageous- contraci which is denied by receivers. Bel- man sought to file, an Intervening petition In recelvershii suit but his petition to intervene was overruled on (21) by Judge O'Maliey. NO chiWenInder 16 INTO ONEMAS IN R. L Providence, Sept. 24. Downtown and neighborhood then tres have been requested by healih authorities to bar admis.glon to children.under 16 because of infan- tile paralysis. Disease claimed 22nd victim-in Bhode Island Sunday (22). Exhibitors-' have agreed to co- operate with health officials. No child win be admitted to theatre until schools open. Paralysis epidemic has claimed more victims this year than the 1916 •"Utbreak. Bertram, Auens Walk Berlin, Sept. 16. Fritz Bertram, for many -years '•i:<'.ildent of the German Film. Ex- hibltor.s, resigned suddenly. Another big shot here, Carl •Auens, managing director of the Belchsfachschaft Film, also walked out. N. D. Att'y General Loses twk Night' Test Case; Legal MinneapoHs,' Sept. 24. 'Bank Night' has been decreed not- a lottery, and legal; in North Dakota in the District 'Court at Jamestown, N. D. The decision is a defeat for the State Attorney General, who brought a test ac- tion against Ben Ash, manager of the State; Jamestown, , a Bennie Berger house, charging maintenance of a., lottery-In-the holding -of 'bahk ni.eht.' - —The Attorney-General-ha^ ruled 'bank' illegal and had ordered ex- hlbUors to cease its use. In -order to'obtain a court decision,, however. It was agreed to prosectite Ash. it is not believed that the state will' appeal the decision. FOX INTERMOUNTAIN'S V EXPANSION PROGRAM Denver, Sept'24. . Fox intemiountaln .'is contiiiulng Its expansion-, program ;in this ..ter- ritory. ' Numerous houses are: being reopened, - with others- under con- sideration, aiid many theatres are being rebuilt., ' , . In Bouldier,. Cold., a colliege town, the Curri^n is being torn down f6:r~ a ne.w.'house; V ready for opening about Jan. 1, at tt cost of $,100,-0.00. During' -thie rebuilding .of 'the Cut- ran, the Fox'Isis, also ln..BOulder; whose former, price was 26c yr^M charge 36c, which was -admission at the Curran. Fox, also owns the State'at Bjiulder. niaking; It an. ex>.' elusive Fox town.' The Elk, La iunta, ., will be reopened with .ijew, seats; ■ but with old eqDipiiient.'that. hais. been stored. In Las Cruces,- N. .M., tbe Del, Bio, which has und^ri^One -a > thorough cleaning, ^lli oj^n again soon.; :^he Plaza,; I^s..>iy«i^s, . iJ;.' M.,-,."robiiilt following flriF, .wlli.^als6; be reopcmed.': The addition. thes9 houses., ndw gives Fox two . theatres . in" each., of these -towns/' , '." ' ' .Omaha -..(Continuei from .-page 10) age. with 'Big rBroadCasf^ the attrac- tion, - and .Brandels. hitting a near capacity pace with 'Married Heir Boss.» •. ' ' ■ -■ " Only outside Intruder for the week -will be ftagenbeck-!Wallace tents playing the . town Sunday , for the last circus stand pf the year here. Otherwise iifs clear sailing and .-with excellent fall weather in prospect It looks like satisfaction on every front. Last week was one of the two holdovers 'with a :.new . film. at the Orpheum only. Qrpheum's ' 'Dark Angel', was also'a bright anerel, while •Top Hat' at the Brandeis and 'China Seas' at the Omaha both. in. second weeks made it average or ExnIoitati^a..credIt to -Bill Miskell and. the Orpheum for a preview aim. show for tiie ladieis 'plugged via, radio only,'and given r day before opening on/'Dark Apgel.' Word-of- mouth resi^lting helped plenty.' Also for new idea carried out In the dally ads on the current 'Steamboat.' Estimates for Tfiis Week Orpheum (Blank-Trl-States) (2,- 976; 25-40)—'Steamboat Bound Bend' (Fox). Comes, in on a„ pro- gram all by'Itself for first single program in past two years' history of the house. lo a way an experi- ment as powers have long wondered what can be done herie with just one picture. Tills arrangement allows six and a half shows daily in con- trast to the usual four a day that are crowded in with double features.. Added turno.yer power a vital factor and should raise the. ante above the Bogers average,' always good here. In figures th^ should come oiit around $11.000.'and any more "will be a record, Lafet week was eight days on 'Dark Angel'. CUA) when It opened'a day earljr and "held good enough to .eet the extra .time; $9,260 for tlie-eight very good money. '' Brandeis (SInger-BKO) (1,250; 25-.35-40)—'M.arrled Her Boss'' (Col),. Colbert name here,bringing them in .great, shape and headed for a puffed week at $6,600. 'Atlantic Adventure' (Col) as second feature helps none: 'March of Time' (Badio) added. Last week, was a holdover on 'Top Hat' (Badio) at six sliows a dav and topped expectations to do $6)500 and. total $1!>'.000 for the two weeks, an all time high. Omaha (Biank-Tri-State) (2,100; 25t40)— "Big Broadcast' (Par), and •Reclaimed His Head' (U), dual. First plenty strong in jiamca and tliis Its dntwlng power. Sliould total to around $7,250. good money. Last week 'China Seas' (MG) In Its second week brought lii around $5,500 to equal - average and give the house a total of over $16,000 for the two weeks, buoyant. Leahy Aide to LnbHsch Hollywood, Sept. 24. Fred Leahy, for the past 10 years production manager at Paramount, tMBcame executive assistant to Ernst Lubltseh-^'estorday - (Monday-)-.'- r • • Fred Johnston, Leahy's assistant, succeeds him as production man- ager with Dick Blaydon and Curtis Nick as assistants. Night Football PittbutlIat'23G Coins Are Jingiing Again, So Aimee WiD Barge Back Into Her Te Gov't Paradox Ittsburgh, Sept. 24. Despite flock of acei attractions, take this -week won't approximate expectations. .-Warmer .' weather, couple of big: night football-games and ^ Baeri^Lou'? broadcast amOng reasons why bte Is bogging after couple of great eesslonB lately. Little doiibt about, the leader. That^s "Top Hat' at Penn. Should gather big $23,000 and while high for this site's gross, it's not up to What .boys hoped for on basis of musical's returns elsewhere. Will stay over here. Stanley dipping a bit with 'Special Agent' and m:edi- ocre stageV show. Even generous Hearst, puiffs' not enough to give flicker - any ■ momentum,' and present outlook'Js for x>rdlnary $ie;500. ' • • ..Town's latest ;flrs.trrunner, small- seat Art Cinema, got 'off last week to 'ehcouraglng. start, pulling In close to $900 with 'Constant Nymph' and opened-fair, enough yesterday (23) wlth 'My Song for .Tou.' .An- other disappointment Is Tarmer "Ilak^s Wife' at.Alyln. Started-, off at just about average and despite 'rave notices In all tlie: dallies.'will hardly< better $7,000. Warner, too, sllptjfiig a-bit with 'Jalna' and 'Here Comes the Band,%wlth just ain out- side chance thai ...dual will hit. even: .$l.260; poor. • ,"Ni-v'''-.' Fall season progressing..- with a bang, with 'Crusades' now ai Nixon -for roadshow ~«tigagement. i^lton reopening *rhureday (26) with 'Wel- come Homeland Baer-Louis fight pictures, and Pitt sticking In Nat Fleischer's states-rlghter, 'Tomor- row's Children,' same day,^ Just -pre- ceding house's reopening by Ihdie exhibitors as. a double feature with vaude grind site. ^ ; Estimates for Thia-.W«ek \. i Art Cinema XStlverman) (290; -30- 40)—'My Song-fbr Tou' (&B). Open- ed yesterday (23). LAst week. 'Coii-~ stant Nymph' (GB) got arty house .oft to encouraging - start at $900. Site had-same policy few years ago- and made money until depression came along. ' Flgrured to stand a chance again. Alvin (Harris) (2,000; 26-35-40)— 'Farmer Takes-Wife' (Fox). -Gay- nor's draw seema to be' isllpping and even rave notices unable to pull, this one above $7,000, fairly ordinary for this sort of attraction. Last week Henrietta LjedVer,. 'Miss America of 1935,' in person rather than 'Dante's Inferno'/ (F6x) credited with' the brisk $8,600. Fultoa (Shea-Hyde), (1,760; 16-26- 40)—Welcome. Home' - (Fox) and Baer-Louls flght pictures.' House i-fopening Thursday (26) afierthree- month shutdown.' .Shuttered so long' In order to accumulate some product' since Loew-^WB pool, ab- sorbing all MG and UA sluffs, and Harris' contract for' first; call on GB, leaves Mort Shea's first-runner only with third of Fox and half of U. Nixon (Erlanger) (2il00;'. 65-85- $1.10-$1.65)—'Crusades' (Par). Opened last night (23) for an en- gagement limited to 11 showings. First roadshow flicker here in more than a year and gets only week be- cause house opens next Week with first legit attraction, 'Venus In Silk.' Penn (Loiew-UA) (3.300: .26-35-40.) -^'Top Hat' (Badio). Breezing-along in . brisk fashion s-and -should.. hit pretty close to $23,000,. which -Is' plenty all right tiJthough consider- ably below.' key- spot^ Tetuma- else- where. But then there shouldn't, be a lot of -complaint"over 20 grand.' PHclcer holds over. Last week 'Dark Angel' (UA) fair enough at $13,000. Stanley (WB)' (3,600;: 26-40-55)— 'Special Agent' ("WB) and, stage show: Not much draw here either on scree'h or in flesh and house, after succession of hefty grosses. Will- probably have to l>e satisfied curi'ent session with very mediocre $16,500. That's lowest figure they've seen here in couple of months. Last week 'Accent on Youth' (Par), and Xavler Cugat's band with Molly Plp-on around $19,000. all right. Warner (WB) (2,000; 25-40)— 'Here Comes— Band- (MG) and 'Jalna' (Badio). Ted Lewis picture a disappointment and great sta^e draw he's always had around' here apparently doesn't extend- to the screen. Looks, like a pretty weaJr $4,250,- If that Last week 'Bonnie . Scotland' (MG) and 'LlUle Big Shot' (WB> good enough to cross $6,000,. Tieat figure here. ' (Goritlnued from page 5) John Dickinson and. Special Assist.* ant Bussel Hardy for appointment of a special tribunal of two circuit and one district Judges to listen to t):o .'injunction plea. Reasdiis were not given, much; t^^^^ "re^re^e'ntati'ves of Independent ex- hibitors deinandlng that the long- deferred trials be speeded. The> government's Intention to give major distributors the works and try to break uP discriminatory leasing is said to ,bi& as strong as ever, despite Reed's refusal to go along, on the expediting court scheme. In support of this fact It Is rumored that more than one at- tempt has-been made to get the White,". House to step In aiid that persistent . endeavors haVe been made-..to have the indictments quashed. 'An Example?' Begardiess of the attitude of the Acting A. G. or, of Attorney G(fn- dral Cummlngs, now vacationing in Europe, the anti-truist division In thie Justice Department wants to make ah Example of Warner Bros,, Paramount, BKO and thjelr affiJlites in St -Louis, and numerous officials are pictured-; as desiring to se'^ the government break up ..what It insists is a trust. Just how serious' the Individuals In charge of the film cases take their responsibility Is demonstrated by the fact that they even went so far as to ask Chief justice Charles Evans Hughes of the- U. S.- supreme court to desig- nate a district judge to hear the cases! J). J. pt^ople are very put out wit-H the St. Louis judges and feel loo much consideration has b^en given to the Indicted flrms and In dlviduals. Heat is-being .^iut on the Justice Department by Indle groiips In all sectlonis,. with local politicians re- ported . to be using every available we.apon to get the government cru sado broadened. Complaints have come in from a half dozen states about the sales ihethods of majors, with the number growing rapidly. Indies appear to realize that the code did offer them some hope^ but that since this protection hak been wiped o.iit thei only source of relief Is in. the anti-trust campaign: If th<^ St. Loiiis. cases result in a gov^ e'rniheht . victory,-■ It-^ Ma Indicated t'hero will be -'additional proceedr Ings in' other nnetropolltan areas ailcng th» same line. Los Angeles,. Sept. Grosses are picking. up at Ange- ius, so Aimee. Semple McPherson, the wandering evangelist, will re- turn to the pulpit. Aimee has been in tlie bade sonie .tln\.e, awaiting a ...the take. Meanwhile, Bh?ba Crawford Spli- valo,-r -one-time- 'Angel- of - Broadway* --^ and newspaper woman, lias been spelling her" out. Unlike Aimee, Rlieba features the expose of bawdy houses and' demands their closing by the police department as her selling point. Angelus Tbrhple. has always beeii a closed corporation. No one has ever been able to ascertain how much moiiey the religious three- ringed circus made. Real estate holdings have been estimated at $1,500,000. At one time It Is said that Aimee was receiving around $5,000 weekly in ^collections, 'which was supposed to'be her end. Niit of the Temple and Its various branches was taken care of .by . special offerings and .sale of temple biobks, papers and other accessories.' When .depression hit the shebang, AlmeO took to the road, biit didn't clean up. Publlclty-lbving and 'wise, she: managed to keep herseif in the limelight -whiles she contracted Miss Spllvalo to take her placer in the pujiplt. Exact opposltes in person- ality, delivery and ideais, Aimee knew that when things broke, her return would be financially trium- phant Now she I9 preparing to get b(ack in l^arness^ is calling all the neyrs- paper boys by their first names, making the rounds to say *hello' to her-old pals, who are: legion, Aimee has always, been aces 'with the press, can count more newspa- per friends than a politician. It 'has always been, her practice to call in the newshounds, ask their opinion 6f her ideas before she -broke them. Only once did she fall to glVe them the break; that was on her disappearance. .. No More Partieulars St. Louis. Sept' 24. District Judge George H. Moore on Saturday. (21)- denied apnUpia-^ tlon of, Jacob M. 'Lashly, counsel for Bko Diet. Corp., and Ned De- plpet, its president, for a further bill of particulars with which to prepare the defense of his clients, indicted Jointly with seven other film producers and distributors, at the trial set for 30. -Bussell Hardy, assistant attorney-general In charge of-the prosecution, cam& here from Washington to oppose' Lashly's motion. In response to an order of Judge Moore, Hardy served Lashly with a bill of partic- ulars virhich the latter characterized as 'so vague and Indefinite as to be useless to the defense.' Hardy, in his reply tO Lashly's argument, said the latter was pursuing the .course he had adopted as a. means to fight ff.-ralhst the' time when his clients must go to- trial and to cause every possible delay. The hearing lasted more than two hburi; and 'many -St. Louis attor- neys, attra.cted by .the Importance of the case iii the film industry, crowded Judge Mwore's courtroom. Hollywoodi Sept 24. Mtlt Arthur planes Thursday (20) to St. Louis to testify for the Government in the restraint hear- ing against Warners anci oth^r ma- jor distributors set for Sept. 30. Arthur, along \Wth his brother, Harry, are partners with Fanchon &i Marco in St. Louis theatre op- eration. riedgen East on Ray Pic. riollywood^ Sept. 24. East to arrange dlHtribution on '.ho Charles Ray comeback series for N'ew Century Pictures Is Raymond Frledgen, sales manager and dl.stri- bution exec, Flwt > ■ • My Luck,' DE LAPP BACK AT PAR AS FIRST AIDE TO PINE Holly.wood, Sept. 24. Terr; be Lapp rejoins. the. Pahvr mount publicity staff next VLond'dV (30), taking post of departmr/nt editor and assistant to Bill F'fif, His spot of day city editor of'the Los Angeies Times will be taken by Dana ' Burkhalter, daily p^^ture editor, • with Guy Stafford moving into latter's spot from reporting Job. De Lapp, who left Pac^mount a year ago for the Tlme> takes the place of William Hebert, who goes over to. the planting department un- der Teet Carle. Bodney Bush arrived, from the cast to take charge of the Parja- mouht studio advertising and ex- ploitation department. He replaces Herb Moulton, who, gets promotion to post of producer and director of Paramount shorts at the local studio. Pix Wauld Ban Carnys t. John, N. B., S.ept'i4. Complaints have been made by film exhibitors In St John that touring carniva's and circuses should hot be given, license:^ on the ground, they take too much money out of tlir city, ard environfl at a time Avhen money. Is, scarce at'th'6 box - ofHccs of tlonary local amusements, thea'-.re.s, dance hatlS, beaches and paries, which pay heavy taxes and also distribute their receipts among employes, wholesalers, retailers, contractors, etc., of the section. The exhibitors ai'e n-.ore perturbed' against the carnlvalB than the cir- cuses, on tlie theory that the cir- cuses will bring in thousands of outsfcler.i, who may patronize -the local theatres, a« well a.s. attending .a'c-ircuH perfijnnance. For the car- noys, tho fa.folnati.on to the oUt- ■ilflorH ts comparatively I weak. 'In- .-lidnlU.ns are thfxt the number- of arnivrrl )Jcpn."<e.'» for St. John w'U be 11 ited to three or four annually.