Variety (May 1938)

Wedncsdayt May 4, 1938 PICTURES VARIETY 11 Film Mob Takes Over Last Fight Card at Legion Shack; New One ^^^^^^ Hollywood, May 3, • The Acaclemy hais served no- tice on the industry it no longr er will attempt arbitration of or participation in controver- sies involving picture groups or crafts.. Decision is contained'ini a. reply to complaints ot five- riters scrapping over screen credits in Metro's 'Lord' Jeff.' Move dumps all, writer con- troversial matter inp lap of the . Screen laywrlghts' Guild. Milt Gross Heads MG Cartoon Depti Hershfield Scrams ; Holly WO ; Milt Gross took charge of the'car- toon shorts department, at , fill- ing the vacancy left by Harry Hersh- field, who went back to his news- paper strip job in N^w York. Hershfield came to Hollywood to head the cartoon dept, but ran into differences of opinion with , the studio efxecs and was switched to the gen- eral writing staff. After waitihg sev- eral days for an assignment he took full pay on his contract,' which had two months to run, and pulled stakes.. Hollywood, .May 3. Screen colony's favorite, sports hahgdiiit went put of existence Fri- day night (29) in a gale of merri-: ihent. HPllywbod Legion stadium, the, tumbledown " shack, where film loUc had ienjpyed knuckle bouts for 15 years, put on its final show with an all-star cast. Technically it was a boxing show, bUt thd leather pushers were over- shadowed by the. actors who took possession of the ring and piit on an impromptu frolic to speed the. an- cient building on its journey , to the scrap heap; . It was a good old fash- ioned wake, with all the moiirhers in. jovial mood. ^ : Since its beginning, Hollywood I,egion' stadium was inseparably linked with the film world. Screen actors hot only raised money to build. it,; but cohtribiited generously tp its support all during its existence.! Hollywood Post No. 43, American Legion, conceived the idea of a club for beiieflt bouts back in 1921. For two years |the fights were held on a .vacant lot' surrounded by a canvas fence, with soap boxes and barrels for seats. During that time the film players, headed- by Theodore Rob- erts, decided that Hollywood de- served something better, Roberts staged a benefit play, 'Old Arizona,' and raised .enough money, to buy the lot. _A boxing; show, in .which all. the Ichucklers .'worked, gratis, brought in sufficient coin to build a roof. Si 1923, when the roofing ceremony was celebrated,: the, stadium enjoyed a' continuous, run'of. prosperity. With' a - seating. capacity of only '4,700,'the club could not afford high- priced fighters, but \Yeek after weeK there were high-priced picture stars clustered around the ring. Prac- tically every notable figure in the screen industry at some time or other passed through the weather- beaten doors; <We Have With Us* Dan Tobey, the stadiunv's flrsf>ahd ttnly. announcer, introduced a . shin- ing, array of p«rspnaiities in his 1.5 years of voice thro'wing. Among them were the Prince of Wales, King Albert of'Belgium,' arshal Foch, Marshal Petaih, General Byng and Admiral i3yrd. Harry Lauder was one of the '•ariy ititroductions, 'Webei: and Fields, Charley Chaplin, Fatty Ar- buckle, "Theda Bara, Ben Turpin. Maurica Costello, Lew . Cody; Mabel Normand and a host of other stage and screen luminaries were pre- sented to the boxing fans in the days of the silent screen. Actors not only swarmed around the ring but actually poured into it Friday night. It was probably the greatest all-star cast ever gathered m a 24-fodt roped arena. ~ Their combined salaries ran into astronom- ical figures. Deluge began when Joe E. Brown ■wai called into the ring and pre- sented with a bronze plaque for hi.s generosity to the Legion. Charley Murray, the veteran comic, clam- bered through the ropes and planted a kiss on Brown's brow. Joe dropped to the canvas and took the count That started a stampede. ill Robinson leaped in frorn one side and Al Jolspn from the other, and before they knew it they were en- gaged in a sociable game of craps. Robinson wPn the aeclsion. Mickey Rooney and Siapsie Maxie Rosen- bloom stairted a wrestling match,- interrupted by an onrush, of actors. In three minutes there was standing .room only, each celebrity tk-ying to crowd Into the spotlight. Even Alan Hale, the most constant fight fan of them all, tore himself loose from his old ringside seat and climbed through the ropes. For nearly 15' years he had occupied the same spot with his elbows in the resin dust every Friday- night. When Halt Iteft the arena at the close of the show he was seen toting some- thing bulky under his raincoat. Some said it was his old seat. There were so many actors in the »ing that many had to stay in their seats. Even though they were wit- nessing the. final rites for the old stadium there vvas no sign of mourn- ! boxing bouts on the program, but no- iog among the customers who flllbd f.->>ody paid much attention to them, the seats, crowded the aisles and'| Wreckers are tearing down the hung from rafters: Nor did they j creaky old structure to make roorn break up the furniture for souvcnii-.s ' foi' a S170.000 Concrete stadi with as they were leaving, but they h.itl' all the modern improvements and plenty pf laughs, particularly when ; sealing capacity of 7,000. It is due Bill Robinson and onny Rubin I lb open in Sbplcmber. eanwhilc cloised the actors' frolic with a Rus- ■ the Lenioiv bouts will be held out- sian dance. There wore half a dozen'doors in,Hie Gilinore stadium. Acad Begs OfF SINO-JAP WAR DEEMED TOO DUirBr REELERS Nev/srie\s -are. beginning to call in ace cameramen from covering Sino-Japanese struggle, with in- dications that only the regular pho- tographer corre^spondents will be left in the' area within the next two weeks. Attitude of newsreel editors is that the Japanese side of ', armed forces is well organized for Handling any newsreel work and the rule of having a Chinese do the lens igrind- ing on the other side leaves repre- sentatives of American cpmpahies fairly well holed up in Shanghai. George Krainukbv, one remaining camiera vet for Universal in the war- fare area, wants to be transferred to a more active front He has askeid to be brought to the U. S, Arthur Menken, Nwho grabbed crack material at the fall of Nanking, now is in In- dia and reported headed for America via' European lands. Newsreel Wong, who works for Metro andFox Movie- tone, was last active at Singapore, While Bonnie Powell, Movietone len- seri is expected to leave Shanghai shortly. All five newsreels will con- tinue to be represented in this Chinese-Japanese war zone but not by the A-1 crews. , Newsreel offices in N. Y. report that there has hot been a newsy reel story out of the Sino-Jap con- flict in the last-45 days. Open fight- ing and extension of the battle front is held responsible for this situation, Ops Sue Six N. Y. Houses To Force Reinstatements First court action to be started in New York, Tesuitihg from the de- cision of the State .Labor Relations- Board oh the fight betweeh- indie motion picture theatre owners ,6f Long Island and the otion Pic- ture Operators Union. Local 306, was taken yesterday (Tuesday) when the SLRB filed suit' in N, Y. su- preme, court to compel the theatre owners to live lip to the board's decision. The board had decided last Qctpber in favor, of six machine pp- era'tors whp had been discharged for alleged union :actiyities and,held that representatives pit Local 306 were privileged to unionize all operators and also to -negotiate wage and hpur differences.' Since the board's decision, SLRB charges the owners refused to cairy it out and have not reinstated the operators who were discharged al- legedly for their, activities. The, action is directed against the United Long . Island Theatre Corp.; Crossrlslaiid Amus. Corp.; Northern Amus. Corp.; Laurelton. Amus. Co., Inc.;' Linden Operating Corp., and the Merrick. Gables Amiis. Corp'. - In its answer to the. suit the United Long. Island Corp. contends none of the six individuals men- tipne'd were- ever employed In its theatres and besides, dn behalf of itself and the other corpprations, dis- putes jurisdiction of the court LOCAL 306 NOW IN SHERMAN'S ■Vienna, April 23. Julius Jonak, cameraman for Unl versa! newsreel in 'Vienna who was siippres.scd from taking shots.before, has notified the' New York office he is being prevented from taking news- reel pictures again. Home Office expects to have him back on camera job as soon as he is approved for membership in the Berlin cameramen's association which controls newsreel photographing now that Germany has taken over Austria. SUCKA LIFE Hollywood, May 3.: David Butler, directing 'Kentucky' tor 2bth-Fox, is in Louisville with a crew of 10 to film the Kentucky Derby and backgrounds at Churchill ppwni for sequences in the picture. 'Kentucky' will be made in Tech- nicolor. The several years of attack against Harry Shei-man in. the conduct of his presidency of the Moving Pic- ture Machine Operators, of New York,:-Local- 306, may come to an end with an appeal ;rom a judgment of $150,961 entered against him, in favor of the union, which, through a turn in events, is being brought for him by 306 itself. The appeal to the Appellate Division, N. Y., ill probably be argued this week: and may bring vindication for Sherman against enemy forces that have cost him hurherous court battles already. Aside from the appeal itself, and Whether the Appellate Division will uphold the judgment, is the fact that Local- 306 itself held a meeting at which it was unanirhously voted by the membership that 306 appeal from the Sherman,judgment, and pay for the entire printing bill, reportedly a largie one. The record itself totals 668 pages, not including stipulations ■that, are referred to. Sherman's initial victory against forces attacking him came last year when the district attorney's -office recommended the quashing of an in- dictment against Sherman charging grand larceny,, A later move, insti- tuted by three ember's of 300, sought the return to 30G ot funds which had beeii spent during Sher- man's administration as president. Brought before a referee, judgment of $150,961, which, wiih interest now Tuns about $180,000, was entered; but in the latest m'ove, instead of what amounts to a desire on the part of 306 to. make Sherman pay this judg- ment the union is in his corner on the appeal from it The three 306 nvembcrs who brought the civil action against Sherman were Irving Schleifcr, Wil- liam Greene and Harry Schei-l. Greene is a brother of Max, Fein- berg, former treasurer ot 306, who was convicted of coercioii.with Sam Kaplan during latter's regime. Samuel Birnbaur. and Copal Miolz are attorneys for hciman on the appeal to the-Appellate bivi-sion. Birnbaum will ar^'Ue the ca.se there in behalf of the former iJOC presi- dent Sherman is now cnsa^c'd-in other business enterprises, and for some time after resigning from 306 during tiirbulenli times which befell the union, he was operating ;thoatres for Paramount in the norlhwost, He is at present i-i I-'ew 'Y'ork;, Lack of Product and Stage Names May Shutter Oriental, Chi, May 26 Those Summer Hats New style bijg hats for ierrime patrons has, caused so much in- convenience in theatres recently that several circuits have miade trailers suggesting.sombrero re- moval. Became such a nuisance in Loew's circuit houses that 'a special 'Hats OfF, reel was, made which various managers could . order w^ien wanted. Sexer Ires Feniisy Censors bnt Feel Themselyes Stymied ay 3. find any ground for havi own agents Here, Penhsy censor board is preparing to ask the Better Business Bureau here to take action agaihst presentation called adness' at the Metro- politan opera Ixouse^ Shiiw actually consists Pf mild pics tagged 'False Shame* and 'Tpmor- row's Children,'! made .up of. clips which have-passed the censors, and a lecture by 'Radio's Friendly Ad viser.l When Board complained of 'Sex Madness' tag, Sam Cummins, of New York, who has leaded the Met for the showing, replied that that did not apply to the,'pic, but to the lecture. Which left the State o.o.ers -without a legal leg to stand on. Lurid newspaper . ads' and: one- sheets hook the peasants. There are sepat^ate showings for. men and women,' and children areh't admitted, which all.helps to make the entirely tame affair take on a wild tinge. E](hibs in town are -just:- as in- censed as the Censor. Board. They feel it creates ah improper reflection on the entire industry for ah out- sider to come into Philly and, grab shekels by what they term 'palpably false' pretenses.' Sex film here is only tail-end of a wave that has taken dyer South Jersey: It is estimated that the pic Forbidden,' plus a -medical lecture and a couple medical reels, has played to 95,000 ,customers in nine weeks at the Broadway in Camden. It's all-gravy to the house, tod,, be- cause it. runs its-regular, shows as well as the sex stuff. 'Forbidden* is shown mornings fpr-women -only and after the final show at night for men only, with regular biz in be- tween. North Camden theatre; Camden, Is snaring crowds with what it ad- vertises as 'A Birth of a Baby.' This is not the film which has cau.sed so much discussion, jeccntly, The'Birth of a Baby.' Jeff Lynn's Break Hollyv.'ood. May 3. jeftrey Lynn stepped into the top ole of the cast for Warner'.? 'Sis- ter Act' replacing Enol Flynn. whose return from his Vacation 'n the Bahamas has been delayed by illnciis. Lynn was advanced from the second male lead, Michael Curliz ,i> r|ii-pcting tho| picture, based dn Fahni Hursf.s. novel. H'wood Stunter Again In Indpls. Motor Classic Indianapolis, May 3. Cliff Bergere, Hollywood sliint man and' crash expert is here gct- ling his gasoline mount ready for the 500-mile race on Memorial Day. Bergere, who specializes in cracking and rolling automobiles for the films, has never had a serious cra.sh on the local two and onc-half mile brick oval. While he has never copped the first prize money, amounting td about 530.000, Bergere has finished in the dough several times. Chicago, May . 3. Balaban 8c Katz is readying to closci down the Oriental,. Has handed notices to, all Union help for a fold- ing as pf May 28. At first it was considered only td cut away stage shows and continue with, a straight picture .policy, but business, and the lack of product-in the past two weeks, decided the B; Sc K. execs to fold the house un- lesj there is a sharp upturn, in the- ihteirimi ' House has been in the red con- sistently for the past few months, with only occasional surefire -picr' - tures or stage names cdming through at the; bdx-office. ' ith available 'A' pictures necessary for the Chicago, Roosevelt and United Artists, the Chicago also is getting iflrst call on the .vaude talent There is a likelihood - that the hpuse, on reopening, will .r.eturh to its former, lower-price policy at ,a 40 or 50c. top, instead of the present 75c. top scale, 'which puts it on an admission ^par with the Chicago, B. & K. flagship. Will cost somewhat more than $4,500 weekly to keep the house shuttered, with the rental running aroiiiid $200,000 annually, which is, in itself, a reduction .from the. ori ' nal rental price of $312,000 .a. year. On its new deal on the hpuse, B. & k. pays a flat rental in addition to a percentage over stipulated ross figures. RESERVE DECISION IN SUIT VS. COLUMBIA Lynch Back to Fla. S. A. Lyneh has returned-to Miami after spending a week in New York di-scussing matters i - connection with his building of a race trac)^ near Miami Beach and cdriferring with Paramount home office execu- tives'. Alsd in New York during the past week to contact, the Par h.o. was Ed Rowley of the Rbbb & Rowley chain in Texas. SHINE IT UP Hollywopd, May 3. ITuijo Butler and David Hertz-wiJI write the screen play for etro's 'The Shining Hour/ Produced by Joseph Mankie,wlcz. the picture will star Joan Cirawford. A minority stockholder's'isuit foi: the inspection of the records of Co- lumbia Pictures Corp., since its or- gahizatidn in 1924, was filed Mon- day (2) in N. Y. supreme court by Betty Davis (not to be, confused -With Bette Davis, the film star) who claims Harry and Jack Cohn and Joe Bi^andt have in the past manip- ulated the stock in such a way as to benefit themselves but .against ,.tho interests of the ■ corporation; and its stockholders. Justice Samuel L Rosenman yesterday (Tues.) re- served decision on the motipn for art inspection. . Miss Davis claims to have bought 162 shares pf voting stock certificates in August, 1935. She alleges in her complaint, that the Cohns and Brandt holders of the original 2.500 shares of stock and the sole voting trustees originally, had contracted in 1929 to manipulate the stock issue of the corporation unde> a 'piirchase warrant agreement' by which they were alone benefited and which re- sulted in a- los.t to the corporation. In other words, they got the profits instead of the corpora'ion. The plaintiff also, alleges thalt this Cohns agreed to pay over to the cor- poration a total of $124,000 in in- stallments ending in May, 1937. She wanb td inspect the books to find out whether these payments were ever made. The ""Johns and Brandt also voted them.selves other credits and grants which win not .so okiiy with the corporation, or its stock- holders, and these, .she cl; im.s, were put through on the "J.T. in answer and opposition to the i .spection, attorneys for the indi- vidual defendants assert that MJss Davis is not a bona .ide stockholder and that she-is a thiri party to- the action. They also oppose the grant- ing of the application on the ground that the plaintiff is s-'iking inspec- tion of records covering a period of nine, years before .she is alleged to have obtained interest in the cor- poration. , Outside of that the arir swer points out, a complete record ot the corporation and tlie actions of its offlcjals-was/filed wi.h the Se-- curities Exchange Commission in- 1935 and okayed by the latter body. STOTHART'S SCOBE Hollywood, May 3. Herbert .Stolhart is busy on the score for Hunt Slrombcrg's forth- coming Mctrp production, 'Swect- hoarl.s.' Musical td star ^felspn Eddy and Jcanctte MacDonald. ins ItentI' Iteadyini: Hollywood. Ma.v, 3. Rebecca, csf.s novel, 'The "Phiink- irig Rocd.*\v,'ill be treated lor the .screen by Ilclen Mclnardi. RKO recently bpuj;hl Ih a George Ilaight producti