Variety (Mar 1939)

52 VARIETY UTERATI Wednesday, March 1, 1939 Seldes* Libel Suit An application to dismiss' a bill of complaint brought by Angelica Bala- banoff bgaiiist George Seldes was de- nied Seldes Saturday (25) In N.Y. Federal Court by Judgei Alfred C. ' Coxe, who ordered' the plaintifl to serve an amended bill of complaint but refuse!^ to dismiss the original ' imtil the amended paper is filed. The plaintifl seelcs $200,000 dam- ages for alleged libel against Seldes, claiming that he approached her for articles for a book, 'Sawdust Caesar,'- which he was writing. After having given him the articles he changed them so as to make her ridiculous, she asserts. The articles were also published in Ken, In May, 1938. A similar suit against Ken was settled and discontinued in N.'Y. Fed- eral Court last week; Seldes pro- tested the settlement of this action, reportedly for $1,000. Federal Judge William Bondy, however, overruled the objections and discontinued the action. KepobUsh Freedman Novel Seen as atoning for a couple of iis recent novels regarded as reflecting on the Jewish race, Simon & Schuster has taken from Harper rights to 'Mendel Marantz,' by the late David Freedman, and is repub- lishing the. novel. 'Marantz' was responsible for Freedman's rise as a scribbler and which, up to the time of his un- timely death, resulted in his becom- ing one of the highest-priced of con- temporary writers. The novel, a study of Jewish life, came to the attention of Eddie Cantor, who was 80 impressed that he made Freed- man one of his writers. Rise of Freedi&an was phenomenal from then on. Turned out a mis- cellany of matter and become known as a writing factory. Freedman subsequently broke with Cantor and had a suit pending against the co- median at the time of his sudden death. His Day A femme reporter asked Sin- clair Lewis what he would do If his better-half-heck'ler, Dorothy Thompson, were ever elected president on a woman's ticket, Lewis replied: - That would be swell, I might get a crack fit writing 'My Day'.' Beverse in Book Beprlnts Reverse In book reprints to be undertaken by.Modern Age Books. Generally books originally published to sell for $2 or more subsequently reappear In cheaper editions, some of' them for as little as 39c. Reprint plan of Modem Age Books, most of which sell for 50c and 75c, is' to re- Issue some of them at and $3. Reprints will be Issued tmder a new Imprln^ that of Utarllng Press. It has been foimd by Modem Age Books that some book buyers, and especially libraries, want or need more substantially bound books than the paper ones gotten out by that publishing house. Hence the Star- ling Press cloth edition reprints, and at cloth edition prices. Judge's Financial Snag Judge failed to publish a February Issue t>ecause of reputed financial trouble. Publisher is Harry L. New- man. Whether it will suspend de- pends on a pending deal between him and Samuel Ungerleider, Henry Caplln and others. Newman is also publisher of the new political weekly, Senator, Issued in Washington and bankrolled by former Govemor Earle of Pennsyl- vania. While RepubUcan chieftains at the Capital are applauding Thomas E. Dewey, New York Dis- trict Attomey, whose prosecution led to the conviction of Jimmy Hines, the Senator will carry a blast on him In' this week's issue, due on the stands Friday (3). Editor Gronp'a Annnal Farley Seventeenth annual convention of the American Society of Newspaper Editors will be held in Washington, AprU 20-22, with Roy A. Roberts, m. e. of the Kansas City Star, as program chairman, and Grove Pat- terson, editor of the Toledo Blade, and David Lawrence, editor of the United States News, aiding. Feature of the conclave will be re- vival of organization's annual formal banquet. Affair Is set for the 21st Otherwise, the customary shop talks . and an. oS-the-record conference with President Roosevelt binding, called 'Zounds, the Hounds!' In preparation is 'Biographies,' giv- ing the lowdown on a varied group of people. This will be a nickel seller, for the chain stores. Bonica also editing his new under taking. Loses Firht on Hitler Book Federal Judge Alfred C. Coxe In New York yesterday (Tues.) denied an application by Houghton Mifllin Co. for a temporary injunction against Stackpole Sons, Inc., and the Telegraph Press, to prevent them from publishing an unexpurgated edition of AdoU HiUer's 'Meln Kampf.' The plaintifl claimed to have en- tered into an agreement with Franz Eher Nachf of Munich, for the rights to the book. They plan pub- lication this month. They sought a permanent, injunction, to prevent the defendants from publishing a sim- ilar book using the same title. The defendants' book was sched- uled for publication yesterday (Tues.). They claim that the Hit- ler opus is in the public domain in the U.S. and that they have all rights that the plaintiff may claim. Maoy Adds to Chain - Westchester County (N. Y.) dailies published by J. Noel Macy will be increased to eight on Saturday (4) when the Macy organization begins publication of the Evening Dispatch in 'White Plains.' New paper will compete with The Daily Reporter, published by Lee Tuller and Walter V. Hogan. Benjamin H. Carroll to serve as city editor of the new daily, and TTiomas E. Duffy as advertising man- ager. Staff will be recruited for the most part from the other Macy pa- pers. lesMM for Hob Dally Reorganization plan has been filed by the Boston Transcript, whereby the daily gets $200,000 in additional capital. Follows financial reorgani- zation which put in Lincoln O'Brien as top man. O'Brien stays under the new set- up as exec editor, but Richard N. Johnson, who heads the group put- ting in the new funds, moves in as prez and biz manager. Paper is to get a new plant and new equipment shortly. Sontli Bend's New Sheet South Bend, Ind., gets a second daily this month. Arrangements completed by A. Johnson, of the Starke County (Ind.) Hamlet Guar- dian, to start a competing paper to the South Bend Tribune. Financing and staff reported completed. Johnson is not to be confuted with the Tribune's city ed, R. P. Johnson. "Gets Out Low-Prlced Books Gotham Publishing Co, has been formed by Joseph Bonica in N. Y, tti get out various types of low-price' books from 5 to 60c. Starter is an Illustrated .book on dogs in spiral Mayflower's Plans When negotiations are concluded with a literary name to serve as editor,- Mayflower Publishers gets started in N. Y. and will issue a regular series of fine and limited editions. . Heading Mayflower Is Benjamin Koodin. Limited editions will be necessary because type and prices of Mayflower books preclude mass sales. Okla. City News Folds With its issue of Feb. 24, The Oklahoma News, Scripps-Howard evening ne'wspaper in Oklahoma City, suspended publication, leaving only the Daily Oklahoman and Okla- homa City Times combo in ttte 'field. Action came after 30 jfdars of pub- lication. Courier and came to N. Y. in 1889. Served on the Sun, later going to the old Recorder and in turn to the Her- ald. Went to the Times in 1922, re- maining there since. Sister survives. Wife died a year ago, Eugene S. Leggett, former Wash- ington correspondent for the Detroit Free Press, died in the Capital, Feb. 19 of pneumonia. He was Washingf ton correspondent for the Press frpm 192S till his appointment as an exec- utive officer of the National Emer- gency Council in 1933. He was a former president of the National Press Club. Eugene J. Toung, 64, cable editor of the New York Times, and writer of mag articles. on international af- fairs, died Feb. 22 at his home in N.Y., of a heart attack, Grandson of Brigham Young, Mormon leader, Yoiing served on the old N.Y. World and N.Y. Herald besides the Times. Born In Richfield, Utah, he began newspaper work on the Salt Lake City Herald. Was for a time Wash- ington correspondent for the In- dianapolis Herald and other dailies before coming to N.Y. Widow, sis- ter and four brothers survive. Charles Bertcl Carson, 48, 'writer of circus stories and for 18 years on the staff of the Youngstown (O.) 'Vindicator, died Feb.. 19, in Vet- erans' hospital, • Aspinwall, Pa. He knew personally . most prominent circus executives and spent his va- cations visiting - circuses each sum- mer. . Thomas Fanntleroy, 50, chief edi- torial writer for the Memphis Com- mercial Appeal, died Sunday (26) in Memphis of pernicious . anemia. Fauntleroy was on the Appeal 28 years. FolloW'Up Comment CHATTER LITEBATI OBITS THIS WEEK WlllUm J. Egaa, 67, former sports .writer, editor' and publisher, died last week in St. Louis. One-time sports editor of the old Chicago Inter- Ocean, he served on a number of dailies, throughout the country. William F. Flanagan, 66, veteran AP man, who retired on a pension two years ago, died last week of heart diseas6 at his home in N;-Y. With the exception of a two-year period on the old Kansas Ci^ World and service in the Spanish-American War, Flanagan served the AP for 45 years. Dempster MacMnrphy, 42, Chicago Daily News business manager, died in Battle Creek, Mich., Feb. 21. He had been ill for some time. Mac- Murphy joined the News in 1932 after serving ac v. p. in. charge of advertising and publicity for the In- sull interests. Robert W. Curtis, 72, day assistant sports editor of the N. Y. Times and veteran bascLall writer, died last week at his home in New York after a . week's illness. Began newspaper work in New Haven on the Joiirnal- Andre Maurois in New York. Beverley Nichols retmiiing to London. Harold Bessling back from Miami with a new novel. D. D. Beauchamp sold his stoty, 'Fire At Nighf to Collier's. George Fitzgerald reappointed edi- tor of the New Mexico Magazine. E. B. White gets in from Maine this week for a few weeks* hang- around. 'American Idyl,' P. Hugh Herbert's novel, starts serially In the ^ay Redbook. Morris Ernst, theatrical attorney, Is a pulp writer under various pseudonyms. Carl Van Doren wed on the Coast Bride Is the former Mrs. Jean Wright Gorman, C. S. Forester, the British scrib- bler, cocktailed in N. Y. by a num- ber of literateurs. John F. Chapman, foreign editor of Business Week, off on one of his periodic European trips. William Sloane, who heads the trade department of Holt the book publisher, is doing a novel. Barrett Kiesling sold British pub- lishing rights to his book, 'Talking Pictures,' to E. & F. Spon, London. John W. Hiltman, chairman of the board of Appleton-Century, and Mrs. Hiltman to .the Coast by boat C. Raymond Everitt Little Brown editorial head, back from abroad with U. S. publication rights to a brace of British' novels. Irwin Shaw to conduct a class In short story -writing at the Writers' School, N. Y., sponsored by the League of American Writers. Dick Spong, Harrisburg (Pa.) mugg, now doing radio as well as film column for Harrisburg Eve. News. Former runs without byline, however. Nelson Antrim Crawford, ed of Household Magazine, will talk on mag writing and editing to the jour- nalism class of Kansas State College next month. Felix M. Cornell, one-time seaman and now prominent bookseller, formed the Cornell Maritime Press, N. Y., to also issue books on salt- water subjects. James Madison, who refers to himself as 'Dean of the Gag Writers,' also publishes The Collector's Guide, for dealers and collectors of rare editions, Americana and the like. George Burford Lorimer, son of the late George Horace Lorimer, the Satevepost editor, honeymooning aboard his yacht with his bride, the former fidith Virginia Lenington. Anna Jane Phillips and Harry Ko- dinsky, both Pittsburgh Post-Ga- zette reporters, who have collabed on detective stories for the pulps, have formed, a writing corporation. J. B. Lipplncott the Philadelphia book publisher, has joined with Hod- der & Stoughton, Ltd., of London, in looking for the best first novel, for vhlch there's a prize of $2,500, travel award with all expenses paid and guarantee of $2,500 a year for four years from date of book's publica- Uon. (Contliiued from page 28) onstratlon of the Chestnut Tree, which the maestro envisions as the successor to the Lambeth Walk. Un- less there's a lot more to the dance than meets the ear, Willson is either underestimating the age level of U.S. dancers or is trying to spoof the dear listeners. As for Miss Niesen's two solos, her own lyric to Raymond Scott's Twilight in Turkey' couldn't turn an orchestra novelty iiito vocal ma- terial, while 'Get Out of Town' was hardly the sultry tune to show her to best advantage. Fanny Brlce contributed two bits of Baby Snooks comedy, -both good for chuckles, and Robert Young and Frank Morgan offered more of their customary cross-ribbing. Studio au- dience seemed on the verge of com- plete hysteria at every hint of com- edy, though it hardly rated that via the air. Maxwell House commer- cials, though unnecessarily long, at least weren't driven iacross with a sledgehammer, 'Swing Songs,' 4S-minute variety show from London last Wednesday afternoon (22) over Muttial, was far far above the standard British pop stuff. Ben Frankel's orchestra showed smooth tone and stirring rhythm. New composition, 'Rhap- sody in Swing,' annotmced as having its first performance, was particu- larly impressive. With composer Arthur Young playing solo clarinet parts, the piece had interesting contrasts of tempo and, particularly in the slower por- tions, definite. lift. Dorothy Carless supplied vocal ballads and Dorothy Ault (spelling by sound) the scat stuff. Rhythm Brothers contributed several vocal choruses. John Charles Thnnas was guest soloist and Eugene Ormandy batoned the symph orchestra Sunday night (26) on the Ford hour over WABC- CBS. It was an Unusually, strong edition of the series, not only for Thomas' undeniably colorful radio personality and vocal artistry, but for general showmanly program ar- rangement Selections were shrewdly chosen for contrast and variety and were well arranged as to mood and climax. Standouts were the baritone's singing of pieces from 'Zaza,' 'Dam- nation of Faust' and 'Old Folks at Home.' OnAandy's conducting was generally proficient but seemed to lalter somewhat on the final move- ment from Tschaikowsky's E minor symphony. William J. Cameron did his customary bag-punching 'inter- lude' midway. Bums and Allen, Melvyn Douglas and Shirley Ross teamed Sunday night (26) in a burlesque sketch from T^e Shining Hour' on the Screen Guild show (CBS) for Gulf. One of those on-paper naturals and spotted near the end of the program, it nevertheless turned out to be below the rest of the stanza for entertain- ment wallop. Main fault seemed to be that the humor was too forced. Slight overemphasis of the yarn's melodramatic romaactf situation might have been funny, but the out- right farce and Grade Allen's broad playing overshot the mark. Other- wise the program was strong. Miss Ross soloed impressively with 'Deep Purple' and dueted with George Murphy on an up-to-the- minute 'You're the Top.' Rufe Davis clicked with one number, while the incidental comedy throughout was lively. Fred Allen went In for so much ad libblng on last week's show that he occasionally turned the session into a bedlam. At one point the come- dian, Portland Hoffa, Harry Von Zell and Peter van Steeden must have dropped their scripts or indulged in a s<|uare dance, for they all were obviously almost beyond reach of the microphone. Some of the fooling was laughable stuff, but some of the mugging to the studio audience drew blanks for the home listeners. Last portion of the show, a burlesque of an opera per- formance, became so broad it was virtually a shambles. But it was overboard on length and grew tire- some. Guest a virtuoso glass blower named Karl Schumann, provided chuckles and interest ' Horaoe Heldt presented a promis- ing guest on the amateur spot of his Wednesday night sustainer show last Wednesday night (22). Tyro was Constance Shelton, described as an 18-year-old graduate student of music at a New York hlghschool. Girl has a pleasantly melodic and flexible coloratura soprano voice, which she handles with skill for a beginner al- though somewhat quavery at times on trills. Fritz Somebody (who never did get his surnam,e across the airwaves), a schoolmate, supplied a flute obli- gate. . Nice touch for such a pro- gram, with Heidt's suave emceeing. Edwin C, Hill took the occasion of Washmgton's birthday (22) to reach across with some right jabs at the leftists, using tha technique of sun. posing how the Father of His Coun- try would stand on the question it he were alive today. " Commentator stumbled badly in his own spielage at One point an. parently due to unfortunate cholca of Ungle-tongue word combinations If he writes his own stuff, he should have learned about simple phrase, ology for the kilocycles by this tim«. If he doesn't do his own air script- ing, he must havo changed ghosti lately.. Indianapolis Symphony Orchestra sUnza for a solid hoUr Wednesday afternoons over CBS is a natural target for the symph bugs. PJanted in the middle of the week, it's an oasis in a vast expanse of swing and sweet music, gabfests, variety stwwa and pap'serials. Fablen Sevitzky's batoning may t>e somewhat taiin* compared to the Inspiring interpreta- tions of Toscanlni Or Stokowski and the orchestra may seem a bit slug- gish alter -the NBC crew, but Bach; Beethoven and Brahms are still overpowering stuff. 'Swinging Strings,' platter presen- tation of Louis Chico's outfit Wednes- day afternoons over 'WMCA, New York, is a welcome breather from the waist-deep bilee of the surround- ing dramatic serials. Outfit in which fiddle, guitar, piano, harp and cc- cordion are recognizable, play in- fectiously rhythmic versions of pops, oldies and classics, without leaning too'far for the jive.stuff. There should.be enough daytlm* listeners allergic to hoke dramatiza- tions to attract attention. Jack Beroh's tenoring (Sweetheart Soap. Friday, 7:45, WEAF) Is aimed strictly at the femmes to peddle a scented bath wash. It'll probably do as such, though he doesn't own a standout voice. In some ranges, in fact, it's rather shaky. Berch sings the current romantle pops calculated to please the distaff side, but on this broadcast (17) in- cluded 'Way Out West in Kansas,' a definite misfit for both his audience and voice. Commercials are straight sales talks, the one halfway in the show being overlong. Actor Pay Tilt (Continued from page 49) are contraeted for much higher salaries. Equity formerly steered clear of minimum wages. It being once one of the few labor unions sans a pay scale. The $40 thing was started by the NRA legit code. 'When the latter was abandoned. Equity adopted the minimum-pay regula- tion. Movement proposes that In set- ting the new minimum, managerf would have the privilege of using junior members at the $40 level, but not more than two out of each 10 players In any one show. Equity still maintains a junior membership rating, but the current minimum i> $40 weekly, that figure being set be- cause it was felt that some show- men would cast juniors in prefer- ence to others \t the scale was kept at $25, as orljginally. Juniors do not qualify for senior rating until being two years in the profession and hav* had at least SO weeks of stage ap- pearances, including rehearsals. Chorines Boosted Most recent 'minimum wage raise on Equity's part was with the chorus branch. Last summer the stock rnusical scale was upped $5, but the benefits were questionable. In out- door musicals the number of chor- isters was promptly reduced, so that while those retained were paid more, there were fewer people engaged. The New York scale was also raised for the chorines, minimum being $35 weekly. That was no deterrent In musical production, as shown by th« increased number of such shows on the boards. However, the average Broadway producer has paid that much and higher for show girls right along. The increased minimum cannot become effective until the expiration of the basic agreement with the League of New York Theatres, which will expire at the end of the season. It's possible that a compromise fig- ure will be set though the matter is sure to be opposed by those who believe that show business is getting no better faster. Understood that the plan resulted after a show recently opened out of town, the salary guarantee, includ- ing return transportation, being so low that it aroused the ire of Equity- ites. Indicated that every member of the cast was engaged at the mini- mum of $40.