Variety (Oct 1936)

Wednesday* October 7," 1936 PI C TORES VARIETY 29 FRENCH UNION MAY EMULATE ; . The campaign of the Musicians' tJnioft, Local 802, New York, may not only become a national but an international issue, with France dis- playing interest in what 802 is at- tempting to do to restore flesh to the- atres. The French union, known as the Syndicate des Artistes de Paris, has designated two delegates to con- fer with 802 ha person and get all data in connection with the .drive $he New York union is fostering. " These delegates are Syndicate des 'Artistes' itiembers who are playing- on the S, 8. Normandie. Informa- tion to Local 802 is that Paris union Readers believe a similar campaign Sight be' advantageously staged in e French capital. Indies Buying (Continued from page 5) " Next month's pictures are already being booked in general through- out the town, and exhibs finding themselves facing. blank dates;'' in tfieif booking sheets are no longer holding out but are talking terms on next 'season's contracts. • With the last two weeks in No- vember indicating the finale of last season's- contracts which forbade double billing, it Is generally ex- pected that Balaban & Katz will Start twin, featuring around Nov. 15. B. & JC has kept pretty secretive about this move, but expects to crack the news of the bargain bills in a big spread and flgures that the effect will be best if it comes as something of a surprise, , ; November's pictures oft .the new product are already, being booked with the extra week of protection allowed the 30c houses, which marks the victory for B. & B/s two-year campaign for this additional clear- ance. Allied's members, however, have, not admitted defeat on this, measure' and are -still planning tp go ahead with the counter action. Despite rumors of several' indie ex- hibs breaking away, the bulk of the indie exhibs affected are readying to go to court to seek a federal in- junction against B. & B. and the distributors. Some 50 or 60 exhibs are in.the campaign which takes in about 125 houses. Joe Rosenberg of Rosen- berg,. Toomin & Stein, active at- torney in the case, is drawing paper and believes they will be filed this week. Yes and No in NW Minneapolis, Oct. 6. . Northwest allied States members revealed in answers to question- . naires^that they're still only buying enough film to satisfy current needs; that no single' distributor has a standard selling policy for all ex- hibitors; and that Metro and 20th- Fox -have been selling when neces- sary without percentages, M-Q in f ome f^?3£S? cutting its percentage ■ erms g§jF^O to 35%, according!to , s - D. lp&&£xecutive secretary. But the dggRlttgfe heads say it isn't so. They declare they-have sold most of the: accounts, that their business is ahead-of last year and that they e % It^clard policy. Moe&rai&jy, 20th-Fox exchange ^ ead ;Jra;s7 , it always has been the c .°mR48jj(?s x fpolicy to sell percentage Picture* 6n a straight-rental basis in town* too' smaH-idr warrant" the ex- pense* of checking and that policy has b^ien pursued currently. The company \ has a standard sales' policy,-but contract terms , are 'dif- ferent;, jaccordirig to the size of the town Ji&d classification of. the the- atre, he points- out, *He says only a lew Twin^dity pofcaibOities and out- of-town exhibitors are still unsold. W. H. Workman, Metro branch manager, avers his company has not rnade any deals without percentage. Business in the territory has ex- ceeded that of last year and one half of the possible Twin City. ac counts already have been sold and the Minneapolis and St. Paul ex- hibitors are being sold as fast as they can be interviewed, he says, •The company does have a. standard tales policy, according to Workman Lone Balto Daaler Folds, Town Now 100% Singles Baltimore, Oct 0. Baltimore, one of the last frontier towns in which dual pix are not shown, successfully outrode first and only threat to the status quo of sin- gle-feature bills when W k S. Finch shut down operation of the Palace, long-time burlesque barn, yesterday (Monday) after 12 days* running of two features and a comedy at 10-15c. Finch, Reading, Pa., exhib, had the Palace on rental arrangement. Dur- ing the short-lived operation his grosses averaged only about $65 daily; nut ran close to $1^800 per week. Since all major film companies have clause in contracts with thea- tres here that they cannot dual prod- uct, the exchanges turned down Finch cold on selling him any prod- uct- at alL including shorts. The bet-, ter grade and larger indie producing companies also refused to sell exhib their' films for dualing at such, cellar- level prices in heart of downtown area. As result , grade of pix of- fered was pretty low, and had no lure in a town where there are only six; houses offering first-run films in downtown area, and where indie pix. get but couple of showings a year when one of the. spots makes a direct- buy of a desirable flicker of indie origin. \ .. Last three days of his Palace op- eration, Finch reduced his b.o. top to a dime, but move stimulated trade not a trifle; PICTURES PILE UP, FRANKLIN DROPS VAUD Hollywood, Oct. 8. In order to use up accumulation of independent product bought for the 1935-38 season, J. J. Franklin, visit ing here from Honolulu; asserts that he's dropping flesh shows from at least two of his island 'deluxers for next three months. Franklin is going to San Francisco for short stay before proceeding to New York to prosecute his damage action against Warners in the U. S, district court; in which he alleges breach of contract for his Hawaiian circuit- Censorship (Continued from page 4) last named metropolis, the- censor- ship applies to only film shown on Sunday. But this means that virtual- ly every picture goes through the hopper which is operated in the state public safety department Only one organization openly fighting censorship, with more or less bombastic efforts. However, this association annoys .censorship boards by publishing a list of eliminations made. Rubbin' It In Lincoln, Oct 6. Tom Gentry and his Ambas- sadors hit upon stark reality here this week with their theme tune. Gentry, who always ducks out to the state prison to give the cons a show; when in the territory, made the usual trip while laying off here last • week. ■ ' He opened the show withr 'Time on My Hands,*: the band's .theme, and got applause. Community Corp . N. Y. Not as Optimistic Industry leaders in New York City were not so optimistic over possibili- ties of abolishing boards of censor- ship. They point to. the fact that state censor boards are self-support- ing in virtually all instances; they continue to be an important factor in the majority political party's patronage set-up, and there is no in- clination, on the part of the party in power to disturb this portion of its patronage system. Best chance to eliminate these boards, in the opinion of numerous leaders, will be for a smart minority opposition leader to wage war on the censorial boards as being useless un- der present conditions. Drive in some states to trim expenses might also be used as an excuse, although generally rated as having little chance of finding favor because of the self-sustaining, angle of the boards. .' While many .exhibitor chieftains regard censorship as an 'empty ges- ture,' they are inclined to be pessi- mistic over prospects of abolishing the boards. Reason they claim the censor boards mean little or nothing is that their only reason for exist- ence is that they improve the morals 'of'the. people"; 'Th|se exhibs poirtt;to Spain and France,'where strict cen- sorship prevails, as the most flagrant examples of censor board's failure to fulfill their mission of improving the populace's morals. How the censorship boards justify themselves on expense is best typi- fied by the New York board. The outlay for expenditures has been only $60,000 to $70,000 recently, with the board showing a net profit of three times that figure.for many years. ■ Walter Reade and associates have formed a company to construct at least 100 houses in towns or cities of over 5,000 population. American Community Theatres Corp. has Reade, New York and New Jersey operator of theatres, as its president His associates are L. N. Olmstead, y.p. of American. Seating Co.; Frank V. Storrs. banker and realtor asso dated with" Reade for many years; Carl E. Schuster, statistician; Thomas W. Lamb, theatre architect and Charles J. Bryan, associated ..with Reade for 30 years, and Walter Reade, Jr. Company starts out by budgeting $500,000 to. carry out initial building plans, with, seven - houses to be' started within the next 30 days in locations within 200 miles of New York. Expectation is that between 20 and 25 houses will be complete* the first year. Goal is at least lOO theatres inside of five years, all to be personally financed by Reade and his associates, in American. Com munity. All "houses will be built from plans supplied by Lamb. No house will seat less than 600 nor more-than 1,000 and, in all in- instaoces, 'seats will be op one floor, balconies being eliminated. Con struction will envision the pos sibflity of third dimension, television and the value to.theatres now of radio, broadcasting, plan being to start, out by including important radio broadcasts as part of programs. In Reade's own theatres in New York 'and Jersey, which are not a part; Of the new building project Reade turned off all projection ma chines Thursday night (1) so that President Roosevelt's speech could be tuned in for the film customers. Reade believes that when important broadcasts are scheduled, it is operating wisdom to provide those programs at theatres in order* to keep people from staying home, away from theatres, to listen to them. Par Mulls Special Foreign Newsreels Strictly for Nationalistic Audiences MICH 0. STUDES RUSH CINEMAS; SOME DAMAGE Detroit JQct 6. Climaxing a big football rally, more than 2,000 University of Michi- gan students attempted to crash the Majestic .and Michigan theatres in Ann Arbor last Friday (2), tore down signs and . smashed electric light bulbs. Enthusiastic over chances of the Wolverine eleven against Michigan State the following day (Michigan State won 21 to 7), studes,' surged from Hill Aude in a renewal of old- time theatre-crashing activities!' The- atre attendants, however, were able to turn away the shouting mob without aid of police, and with only a few hundred dollars damage. v Pittsburgh,. Oct 6. Judge Challen W. Waychoff, of the Greene County Courts, over the weekend handed down an'opinion, declaring a 'local, option* yote held on Sunday pix 'in nearby -Waynes^ burg, r >Pa., in which Sunday films were-banned, .'was illegal because the question had not been submitted to voters on a separate ballot, ' He ruled that placing the question on a separate ballot was mandatory and directed th^t another election on the question be held next month. Communities Which turned down Sunday pix last fall are not per- mitted to submit the question again for five years. L. A. Hands' 10-15% Los Angeles, Oct 6. Wage increases, affecting; JOtt tnen, totaling 10% for heads of depart- ments and 15% for extra help, have been put into effect in all first rnhs and deluxers by Stagehands, Local 33, International Alliance of Theat- rical Stage Employes. Local 33 execs are working in con- junction with musicians and" motion picture projectionists to formulate a scale for indie houses using amateur talent for shows. Paramount is thinking of adjust- ing its newsreel operations. No change of manpower is entailed. Partly, the company's purpose in this regard seems to be to cut oper- - ating costs and at the same time en- hance 1 the potential earning power of the newsreel abroad. A practical operating method is being" sought by which Paramount shall'be enabled to provide special- ized nationalistic newsreel . enter- tainment such as may be required by foreign nationals. Instead of a sin- gle reel, the company may choose to" have two dominant newsreels— one domestic, the other foreign. The foreign newsreel may be sub- divided info several autonomous di- visions, all under the direct super- visory power and direction of Par's fpreign department This department is headed-, by John W. Hicks, Jr., vice-president of the firm. He is in Europe now/ . London, Paris and Central Europe might have their separate Para- mount newsreels. Australia would be linked witjbr London, and perhaps,- for the South American market spe- cial clips , would also be made. . The foreign end of the Par news- reel stands the company an estimated $300,000 yearly. It is profitable on the domestic end. . Such a changeover, if made, could have no visible adverse effect on the domestic end, but rather, would tend to improve the financial showing of the domestic newsreel, as the foreign department of the company thus would absorb the operating costs of the foreign newsreel. It. seems likely that Pararnount's final action in this regard depends upon what Hicks- may recommend, since, being in Europe at present it is presumed he is making a study of the situation, among other things, which have taken him abroad. Picketing Test Suit Rochester, N. Y., Oct. 6. H. .William Thompson, Lyric thea- tre, assails constitutionality of the State's so-called anti-injunction law of 1935,in opposing appeal of operators' union from an order limiting picket- ing at the theatre to one man at a time. Decision from Which the union ap- pealed to the Appellate Division was granted last April by Supreme Court Justice William F. Love, who referred to the' law as an 'amazing statute.' Justice Love held the quar- rel at the theatre was not a 'labor dispute' within the meaning of the law, as Thompson now operates his own machine and employs no union labor. Fox Hearing (Continued from page 5) Now Propose Theatre for 85th and Madison in N. Y. Thomas Lamb, theatre architect has filed an application ' with the Board of Standards and Appeals of N. Y. City for a variation of the ex- isting Building Zone Resolution to permit construction of a theatre at 85th street-and Madison avenue. . Hearing on the application will be heard by'the board on Oct. 20. "fhis is the third such application in which Lamb has become involved. Other two are for the Goelet and Phipps Estates at 65th street and Madison and 58th street and Park avenues respectively. Both applications have been opposed by the Fifth Av- enue Association and License Com missioner Moss.' Latter two, already in the court case stage, are being heard this week in N. Y. supreme court therefore no entry Was necessary when I gave it back." Fox. said no one was present when he gave the' money to his father in a New York hotel room late in 1934. The father died last Fall. Fox said he gave his father the-cash because the latter insisted that he get his money back in the same form as he turned it over to his son. The $300,000 for his father , came from $200,000 he-borrowed from his brother-in-law, Jack G. Leo, six months previously, and $80,000 he re- ceived from other sources, Fox claimed. This is the same brother- in-law, Fox said, to whom, he had made a cash gift of $200,000 two years before, and who had - threat- ened to sue him six months later when he failed to meet the $200,000 note and had taken over the secur- ity put up for the loan. •-. ' Two Federal Agents, Everett Partridge and Eugene O'Dunne, of Washington, heard Fox testify. The agents were from the Department of Internal Revenue, which weeks to collect $3,000,000 from Fox in Income taxes. Meanwhile in Camden, N. J„ Fed- eral Judge John Boyd Avis handed down a ruling that the All-Con- tinent may not sue Hiram Steelman, trustee appointed by the bankruptcy court. Judge Avis held that he had no power to restrain the suit in Federal District Court in Philadelphia against the others named in the bill Of equity. They -are- John S. Wynn,- J. W. Spears St Co., Philadelphia brokers, and the Capital Co. of New York. The All-Continent is suipg to re cover $297,000 in securities held by Spears and prevent the others from obtaining . them in settlement of claims against All'Continent and Fox. Judge Avis also ruled that the books of All-Continent should be made available to examiners ap- pointed by Referee Steedle. SPENCER'S CANADIAN CHAIN ADDS 5 MORE St. John, N. B., Oct. 6. Five new links have been added to the F. G. Spencer chain of picture houses in the maritime provinces. At Middleton, N. S., Spencer circuit, which has its- head offices in its mother house, the Strand, St. John, N. B., has opened a newly built the- atre seating about 750. At Wolf- ville,- N. S., the Orpheum, seating 700, has been taken over by the cir- cuit, • and reopened after, several Weeks of reconditioning. At Bridge- water, N. S., the Orpheum has been purchased and reopened after about a: month of repairs and installation of new sound equipment. At Hali- fax, N. S., the Orpheus, in operation in the heart of the city for 25 years, has been leased by Spencer firm. House was owned by Spencer 20 years ago, but he sold it 14 years ago to the Nickel Theatre Co., cur- rent owner, and is thus in the posi- tion of leasing a house he once owned. W. A. Affleck and N. V. Gaston- guay, co-managers for several years, are retiring with the advent of Spencer back into -Halifax. Capitol, Amherst, N. S., was recently built and opened as the 15th link in the Spencer chain." Personally in charge of the acquisitions and openings of the new* houses in the circuit have been Fred G. Spencer, president .and founder, and A. A. Fielding, .general manager of F. G. Spencer <£o.' ; A rigid policy of the Spencer circuit i3 to cencentrate: exclusively on th.e ex- hibition of films, all programs being sans flesh. B&K WOULD ENFORCE ST. L. THEATRE DEAL Chicago. Oct.- 0.' Balaban Si Katz-Great States cir- cuit has filed suit in St. Louis against the owners of the Welston theatro there, for specific performance of a deal which B. & K.-Grcat States claims was entered into. B. St K^Great States alleges a deal for the house on a 15-year lease but that the theatre was turned over to a third party. Now seeks to make the owners turn the house over on the original lease deal.