Variety (Dec 1938)

VABJETY PICTUBl <We^esdaj» December 21, 1938 Phuy Jn^e Pans Peimsy Laws On theatre Games as 'Ridiciilous'; N. ¥. Exiiibs Move to Curb Giveaways Philadelphia, Dec. 20. Small-scale return of games &nd similar gimmicks ta^ Philly houses may ioUow the action o£ a municipal court judge last Wednesday (14) in ordering the acquittal of two exhibs oh a charge of conducting 'QuIzq' games in their house. Inasmuch as there has never been a conviction on criminal charges here of exhibs ' accused of nmning games in their theatres, there is con- siderable talk by operators of in- augurating the games agiain and just taking a chance on being arrested. Acquittal is practically^ certain. Pos- sibility of exhibs taking such action looms particularly large at this time, with grosses off badly and any pos- sible hypo needed. Judge Eugene C. Bonniwell, in or- dering the acquittal of Nat Abelove, .manager of the Ritz, and Alfred Shrier, his assistant, caustically as- sailed the State's lottery laws as 'ridiculous.' Abelove and Shrier last summer volunteered to have them- selves arrested in order to get a trial in criminal court on the 'Quizo' charge. Abelove is brother-in-law of Dav6 Barrist, operator of the Qual- ity Premiimi Co., distribs of the game, which has already been de- clared illegal in civil action. The spirit of chance,' Judge Bon- niwell said, 'is- in every red-blooded man and woman and they will con- tinue to gamble whether it is legal or illegal. Trouble is that onie-half of the people have to play bingo or similar games, while others in better circumstances play 'the stock market and are called financiers. 'The average church today oper- ates a lottery and is blinked at, but if ^me obscure )?erdon plays, a simi- lar, jgame is classified ascom* morr gambler^. The whole thing Is ridiculous. I cannot ponceive that the liaw intended4o apply to .^eputar ' ble people ' who^. play a game «if chadce unaccompdnied by disreputa- ble surroundings- or disorderly con- duct.' The SSvHiob Premiums have been groxiring so here recently that standing {tag In the territory is that film exchanges' are no longer asking preferred play- ing time for their product. Request not^ is that tiibir pictures lie given 'preferred premium tiaae.' Dishes,^. which had practically faded from the Philly theatre scene with Ihe heyday of games about a year iago, have reached new heights in this territory as b.o. builders. Warner Bros., which went into them when pushed by competing indies in . South Philly about a month ago, havjs added the crockery in many of their better houses and' results are reported astonishingly good. This is particularly true in locations Where premiiultis have never before been used, as the giveaways usually reach the end At their tether of use- fulness ii} about three years. ing different games: Avenue B, Canal, Apollo, Astoria, Century, Bur- land, Broadway, Bedford-Boston Road, Commodore, Fairmount, Els- mere, 42nd Street, Gates, Inwood, Kings, Lincoln, Melba, Mt. Vernon, National, Palace, Paradise, Spooner, Valencia, Victory, 175th Street, Ori^tal, Pitldn, Warwick, Plaza, Prospect, Post Road, Woodside and Yonkers. Ohi Getting: Tired, Too Cliicago, Dec., 20. Giveaways in this territory indi- cate that they have reached the point of diminishing returns. Theatres, in a wild scramble for giveaways during the past few months, have gone overhead in screwy plans and ideas, evidencing that they are about running short of- giveaway schemes sufficiently strong to atfa^act coin. Example of the type of gifting ex- hibs have • gone to around here is seen in the stunt of the northside Adelphi, in a conservative home sec- tion. In. addition to double feature, the Adelplii gave a large dinner serving plate to all femmes, at 25c admission. And to top it off, served the ladies with a sandwich and cof- fee, gratis, with each plate. Wbile Allied as an organization lias taken no official cognizance of the situation, the members among themselves seem < agreed that they have gone as far as they can go in the direction of gifting patronage, and indications are that the theatres will be on the road back to show business within the next few weelts. S3 N. T. Houses StiU Use 'Em New York, Dec 20, Although a committee of inde-' pendent and affiliated circuit repre- sentatives has been named io work out a feasible plan for the elimina- tion of so-caUed audience contest games and cash prize distributions in Ntew York City, iu the meantime so- called games in which an element of chance is involved ' continue un- abated.. Check showed that about 38 theatres employed at least one such c6ntest in their houses Monday &nd Tuesday of this week. New York exhibitor committee consists of Walter Reade, David 'Weinstdck, Sam Sedan, Abe Shenk, C; C. Moskowitz, J. J. O'Connor and Max Cohen. Hope is expressed that sonie workable pl^ may be formu- lated so that chance games can be eliminated.' Unofficially, present drive of in- die exhibitors to call it quits on the so-called more expensive cash con- test games presents pmUsing features , as viewed by msthy circuit operators, who, for months, resisted the trend towards the money-giving stunts. Many of these waited until competi- tion from numerous smaller houses became so fierce that they had to get into the swim in order to hold patronage. Following is a list of theatres Plfiying one single cash-contest game Mohday and Tuesday of this week^ JjiSi does not take ia innumerable smaller houses or other theatres m&' Banko Balds in Wis. Minneapolis, Dec 20. With theatre 'Bank Night' desig- nated by Circuit Jddge Robert F. Cowie along., with slot machines, poker and roulette as 'open com mercialized gambling,' WUliam Freise, manager of the Rivo'li, La Crosse, Wis,, was arrested and re- leased under $500 bail pending a trial on charges on conducting a lottery. As. result of Judge X!owie's blast, District Attorney William H. Steven- son had the two La Crosse theatres, the Rivoli and Hollywood, using 'Bank Night,' raided. All parapher- nalia was seized and the showhouses were ordered to cease it. The Hollywood complied, but at the Rivoli, where $3,600 was waiting to be drawn,' Freise obtained dupli- cate equipment and continued with the drawing. Jewell Filler, an un employed school teacher from i nearby small town, won the $3,600. Freise has pleaded not guilty. The case is expected to come to trial dur. ing the next fortnight. Hurts Soholarship Boston,'Dec. 20. Brockton and Quincy, Mass. police authorities are clamping down on 'bank night', as a result of a county drive by District Attorney Edmimd R, Dewing, who blames banko and slot machines for a decline in schol- arship and discipline in public schools. Jit Goes Long Way Los .Mgeles, Dec 20. Film house on Main street sets a new high (or low) in pic- ture bargains. Come-on proclaims 'Five Fea^ ture Pihns for Five Cents.' French Toribii' Pic Nixed by N. Y. Censors, ACLU Files Appeal New York state censor board ban on 'The Puritan,' French film based on Liam O'Flaherty's story, has been appealed, to the state board of re- gents, American Civil Liberties Union is supporting the appeal. American rights for the film are held by Jean Lenauer, who operates the Filmarte, New York arty. Arthur Garfield Hays is his attorney. Film was shown to about 25 news- paper men and others in the trade last Friday (16>v following which all but three of those present indi- cated their opposition to. the cen- sorial nix. Those present were asked to write letters of protest. to the board of regents. Not known when the board's decision will be an- nounced. 'The P.uritan' is described as at- tacking religious fanaticism. Un- derstood the censors banned it on the ground that it might be taken by the public as an attack on re- ligion in general. In case the regents uphold the censor board,'further le- gal action by Lenauer is unlikely. PAR SIGNS MURIEL ANGELUS FROM LEGIT At present in 'Boys from Syracuse,'. Broadway legit, Muriel Angelus has been given a contract by Paramount. English singing actress, who has done picture work in Britain, does not start for Par imtil 'Syracuse' ends its run. Also in concert and on the. air abrpad^ Miss Angelus was for one year with British International. Dembow Back at Desk Confined to his home in West- chester for. three weeks'following a heart attack, Sam Dembow, Jr., has now returned to his desk. . While greatly improved, the F. ' & M. vice president has been ordered to take it easv. Detroit's Biofo Ban Detroit, Dec. 20. Film row here is cheered by pos- sibility police are actually going to clamp down on bigtime bingo and keno games, which have been dig- ging deep into theatre boxoffices. Police racket squad last week issued ban on lotteries parties masquarad- ing as bingo and keno parties, and sent warnings to 15 organizations conducting such games, •We don't intend to bother legiti- mate parties for charitable purposes,' Lieut. John McCarthy declared, "but some of these affairs are out of bounds. If an attempt is made to continue these lotteries, we'll close 'em ourselves.' LecraltBe Binro? Hartford, Dec, 20. In a letter to seven civic and re- ligious orders in this city. Prosecut- ing Attorney Benedict M. Holden, Jr., has ^advised that bingo games are 'games of chance' and are ille- gal and should be stopped 'in order to prevent embarrassment to the police and prosecuting officers.' Un- derstood that a bill is in preparation to legalize bingo under non-profes- sional auspices, such as church, fra- ternal and social organizations. Ex- pected to be introduced at the Gen- eral Assembly, which meets in Jan- uary. In his letter Holden said that if the various organizations are al- lowed to continue to conduct g'ames of chance for charitable purposes then professional gamblers cannot be prevented from operating. State Senator Michael A. Rita of Hartford will sponsor a bill in the General Assembly, which meets in Jimuary, to legalize bingo if played for any church or charitable cause. Des Moines, Dec. 20. A petition by C. V. Kegley, asking the city council to cancel the licenses of 14 Des Moines.theatres imtil such time as they agree to discontinue 'games, of chance and prize offerings,' has been received and filed by the city council. Btnfo, the Co-respondent Akron, O., Dec. 20. Bingo, the gambling game that gave women equality in Summit County gambling joints, took its place in the list of things that break up homes here. Thomas P. Boggs points an accus- ing finger at the game in his divorce petition against Mrs. Nellie Boggs, He accused her of 'dissipating a por- tion of his earnings by playing bingo.'. This and other acts will sup- port his charge of neglect, the hus- band contends. No liOttery in Miss. Biloxi, Miss., Dec. 20. An effort to halt banko in Biloxi failed when Justice of the Peace E. D. Lawrence dismissed the case of State of Mississippi, vs. M. E, Fer- rera, manager of the Saenger here. Judge Lawrence opined, 'There hav- ing been no case -handed down by the supreme court that theatre bank night has proven to be a lottery, it is the discretion and decision of this court that the defendant, charged with advertising a lottery, Is not guilty.* m UNION'S DRIVE AROUND EASTERN U^S. Drive of the Cashier, Doormen and Ushers' union in the eastern sector of the United States is going forward slowly but shows signs of progress. Most activity, is in Brooklyn. CDU union has finished a survey of working conditions from*^ Albany to New York, down tiirough Massa- chusetts, Connecticut and. most ot New England, finding that- 65% of cashiers, doormen and ushers were being used for other duties, besides those for which they were hired. Greatest abuses uncovered in up- per New. York and New England where the potential members of the CDU double as candy clerks. In New York some help is used in the cloakrooms, And for relief in wash- rooms. Also claim evasions of the Wage-Hour bill on overtime. Fund is being set up to publicize the lATSE in order to change the present public idea of the organiza- tion and make' it known as the In- ternational Alliance of Theatre and Stage Employees rather than just as a stagehands' union. It's On Again Between Hammons-Wamer On GN Grand National Pictures Corp. and Fine Arts' Pictures have rejoined forces, following recent news of dis- sension which led to an announce- ment by Earle W. Hammons and Franklyn Warner that FiM had with- drawn from its producing obligation to Grand National, Hammons and Warner issued a statement yesterday (20) that a new contract has been signed by both whereby FA will continue produc- tion of scheduled 26 pictures for GN release. ' An additional series of six high-budget filmis will also be ihade for GN by Warner. Totalitarianism Gangs Up on One Pitt Manager Pittsburgh, Dec. 20. Gabe .Rubin, manager, of Art Cinema, foreign film site here, is over the Soviet-made 'Professor Mamlock' in face of permanent boy- cott threat made by Catholic organi- zation representing 250,000 members. Head of religious 'group phoned Rubin few days after picture opened, condemned it as Communistic prop- ganda and told operator that unless he yanked film the ban would be invoked, immediately. Art Cinema manager, however, decided to chance it, taking action opposite to that of Barry last week when that house pulled 'Fight for iPeace,' after four days because of similar circum- stances. Barry's case, however, was slightly different. In addition to sounding boycott warning. Catholic groups also picketed house all day long. So far. Art Cinema hasn't had to con- tend with any placard paraders out front. In past, when playing Soviet films. Art Cinema has heard scattered pro- tests about propaganda content but always from scattered individuals. This is the first time and organized group has ever came out flat-footed with boycott challenge. Theatre, management and 'Mam- lock' also came in for thorough lam- basting in Catholic press locally. Sit- uation leaves Art Cinema up a tree. With German, Italian and Polish pix out for obvious reasons, Rubin is pointing out that leaves only Russian and French product for him to play and latter is spotty here. To Appeal Sabbath Rap Cambridge, 0„ Dec, 20. Attorneys for the Cort theatre will appeal $50 fines imposed on manager Dan GiUiula and three employes on charge of violating an ordinance pro- hibiting Sunday films. The fines were set by Mayor Homer Sheppard after the defend- ants were found guilty in municipal court. The theatre opened on a Sunday to test the Sabbath ordi- nance, repeal of which was rejected by voters at the Nov. 8 election. BEP READIES THBEE Hollywood,. Dec. 20. Sol Siegel signed three writers for as many films on the Republic lot, Joseph Moncure March goes to work on 'Doctors Don't Tell,' Doris MaUoy on 'Lady in the. News,' and M. Coates Webster on an original Higgins Family story. HAYSITES FIRM ONITAUAN STAND The Italian government decree, which becomes effective after Dec. 31 next, on distribution of films i Italy was the most vital subject dis- cussed at the regular quarterly meet- ing of the Hays office yesterday (Tuesday) afternoon. Revealed anew that all major companies were pre- paring to withdraw Dec. 31, picture executives claiming they were being forced out by the terms of the Italian decree. George J. Schaefer was elected to the board of directors to represent RKO in place left vacant by Leo Spitz. Directors were told of plans to make features for the N. Y. and Frisco fairs. Regular session adjourned until Jan. 4, members of board attending being Barney Balaban, Nate Blum« berg. Jack Cohn, E. W. Hammons, K B. Hatrick, WUl Hays,. Frederick L, Herron, Sid Kent, Murray Silver^ stone and SChaefer. OUSTER SUIT OVER FOX, DETROIT, THEATR&BLDG Detroit, Dec. 20. Charging laxity, a petition asking ouster of Dave Idzal and Union Guardian Trust Co. as co-trustees of the Colwood Co,, owner of Fox the-^' atre and building, was filed in Fed- eral court here last week. Judge Ernest O'Brien will hear the case this week. Three bondholders, represented by Harris W. Wienner, allege that trustees have failed to put into effect a lease agreement formulated under approval of Judge O'Brien on Jime 15, 1937, when Colwood was re- organized. As result, the petition charges, bondholders have lost aroimd $75,000 to date. Under the reorg plan, the newly- created Fox Michigan Corif., with the Skouras Bros, in control was to operate 5,000rseat theatre under 15- year lease with a minimum rental of $125,000 yearly, plus a percentage of grosses over specific figure. It has been reported from time to time that Skouras would turn the Fox over to George W. Trendle, prez of united Detroit. theatres (Par subsid), for operation. Several Mtches developed, however, includ- ing the Government's drive on thea- tre chains, and these have delayed actual leasing of the spot, either to Skouras or Trendle. Latter now ope- rates string of 15 theatres in Detroit, including four big downtown spots. Trendle's Michigan, long a vaud- fihn rival of the Fox, novir managed by Idzal, has been on dual film policy for past six months. It's believed that, in event Trendle gets. Fox, only one of two vaudfilmers would be run as such, with fleshless one tak- ing the pick of pooled flickers. marshal Ney' Book In $250,000 M-G Sdit Charlotte, N. C, Dec. 20. Legette Blythe, reporter on the Charlotte (N. C.) Observer, filed suit for $250,000 in Federal court here against Metro-Goldwyn-Mayer and Loew's, Inc., charging that a picture dealing with the life of Marshal Ney, entitled 'The Bravest of the Brave,' was a 'steal' of Blythe's 'Marshal Ney: A Dual Life.' Blythe sets forth in his complaint that he spent four years prior to Jan. 15, 1937, writing the book, and that the work con- tained a large amount of material wholly original with the plaintiff. Blythe also alleges that in April of last year the book was submit- ted to the defendants, and was read by its directors, agents and em- ployees, and was in possession of the defendants at the time the picture, 'Bravest of the Brave' was produced by them. The Blythe book; published in the U. S. and England, deals with Ney's life as a marshal under Napoleon in France and the supposition that he came , to America and became a North Carolina schoolmaster.