Variety (Apr 1939)

Wednesday, Aprfl 5, 1939 PICTURES VARIETY 19 Film Reviews Adventures of Jane Arden (Continued from page 15) Arden would carry out her reporter- sleuth actlviUes again in another mystery. But it probably wiU m- *ere3t only the most ardent Jane Ar- de^fans W seeing this initial at- tempt to transfer tlie Monte Bar- rett-RusseU E. Ross cartoon charact- er to the screen. The first 'adven- ture' ol the comic strip heroine in Hollywood is dUappomting. Fair lor some dualers but a weak effort to start off a series, as apparently Intended. . ' . The girl reporter of the newspaper strips here doesn't follow too closely the type or story associated with daily readers or radio listeners who tune in each morning to the WJZ- NBC air serial. And consequently, It is likely to be a letdown for the Arden fans. This might have been excused if the few original twists were effective or the title role had been made more standout. Three sctlpters did the Arden newspaper yarn and the result is an Incredible fable about murder, jewel smuggling and beauteous femmes be- ing employed as pawns by a smug- gling ring. Terry Morse, an ex-film editor, was given this as his initial directorial assignment. Her first im- Sortant role, Rosella Towne is the ahe Arden character. She has pos- sibilities but this film permits her limited opportunities. William Gargan is cast as the man- aging editor of a Manhattan dally, Jane Arden's boss. He wrestles man- fully, but remains a capable actor miscast -Dennle Moore is the agony column editor to supply laughs, which she doesn't Benny Rubui,^ as her sweetie,. plays almost straight and mangles a couple of laugh tries. Prettiest girl in film. Maris Wrlxon, Is shot down early by the smugglers. James Stephenson, as the villainous Dr. Vanders, contributes the smooth- est portrayal, making it stand up so well that it overshadows even the femme lead. Peggy Shannon is rele- gated to a villainess' fate. Jane Arden can be made valuable •creen merchandise but this first try has it going no place in particular. Weor. THE NIGHT RIDERS Itepubllc release of William Brrke pro- Auction. Features John Wayne, Rav Cor- rlian, Max Tertiune. Directed by ueorKe Sherman. Original srreonplajr by Betty BurbrldRe, Stanley Roberta; based on char- acters created by William Colt MacDon- aid; camera. Jack Marts: score. William Iiiva. Reviewed In Projection Room. N. T.. March 80, 1989. Running time: «7 BICiS. atony Brooke John Wnyne Tucson Smith Ray Corrlran Lullaby Joslln Max Terliune Bolcdnd Doreen McKsy Susan Randall Ruth RoReta Talliot Geont* DomlsJ Jackson Tom Tyler Bhorllt Kermlnt Maynard Tim • Sammy McKIm Hazclton Walter Wills Andrews Ethan Lnldl.iw Carper Edward Pell. Sr. Wilson Tom I.oni1on Wllklns Jack Innrem Allen William Xestcll Fairly consistent In turning out well-written westerns for the Three Mesquiteer series, Betty Burbrldge and Stanley Roberts have outdone themselves on-"Riders.' Despite the aura of incredibility, as a whole the finished negative raises the Mes- quiteer standard a notch, Exhibs have a selling point in John Wayne, leader of the trio, based on the ap- proval given his performance in 'Stagecoach.' While written around an almost Impossible happening—^the claiming of 13,000,000'acres of ranchland via a frant made in 1744 by a king of pain—the story deviates a little from the usual western fare. Basic- ally it's the same stuff for the Mesquiteers; they still rate cheers at the finale for being chcmpions of the oppressed and go about the latter in their best workmanlike manner. Charter to the aforementioned land grant is forged tmd possession grant- ed by the U. S. Government which creates untold hardships and even- tual eviction for the tenants of the land when exorbitant lease rates are demanded. Mesquiteers are one of the ranch owners evicted for being unable to get up the fee. They don't like being kicked out and decide to Investigate. They take the form of modem Robin Hoods in the guise of hooded horsemen to harass messen- ;ers of the land baron and eventual- clear the whole thing up. All performances are above aver- age for sagebrush tales, direction smoothly paces the foota'^e, and pho- tography is okay throughout Story neatly ties in with history near the cljse. Trio are under sentence of death for their nocturnal activities for robbing messengers of the land baron and returning the money to land owners. Evidence dug up by a femrae friend of the trio reaches President Garfield a moment after he's assassinated. Friendly sheriff, realizing their crimes were for the people's good, loads firing squad's Kuns with blanks, thereby saving the Mesquiteers for the next in the series. THE KID FROM TEXAS (WITH SONG) Hollywood, April 1, Metro release of Edear Selwyn produc- tion. Features Uennis U'Kecte and Flor- ence Rice. Dlrcted by S. Sylvan Simon. Screenplay by Florence Ryer«on, Edsar Allan Woolf and Albert Mnnnhclmer: orlftl- nal by Milton Merlin and Byron Morttan. Sons. Ormond Rathven, Milton Merlin and Albert Mannhelmcr: score, Dr. William Axt; camera, Sidney Watnrr; montape. Peter Bnllbiisch: editor, Frederick T. Smith. Previewed at I'ntown March 28, '8U. Running time: 70 HINS Wllllnm Quincy Malone..Dennis 0*Keefe MiirRo Thomns Florence Rice Bcrtle Thomas.. Anthony Allan Aunt MInetta. Jew. le Ralph 'Snlfty* .....nuddy Bbsen 'Okay' Kinney VlrRlnla Dale *Duke' HastlVRs Robert Wllsox Stanley Brown.... ^ Jack Carson Mal>el Helen Lynd Fnrr J. M. Kcrrl-inn Adam l.amb«rt Tully Matshall Metro cleaned and reblocked an old yarn which served as a William Haines starrer for this one. Fast start witli some substantial though broad slapstick comedy situations gives promise of a nice package of enter- tainment, but when story switches to a rather involved romantic drama for the second half it flutters into ordinary routine and winds up in rather unsatisfactory fashion. Dennis O'Keefe is a breezy and smart-aleck cowhand in Texas who yearns to be a polo' player. Oppor' tunity comes when he stows away with shipment of horses to Long Is- land. In disolaying his polo prowess he falls in love with heire.ss Flor- ence Rice. Disgraced in a bin game, O'Keefe hops off to join a wild west troupe, and introduces polo to draw crowds. With his cowboy- Indian team playing the swank out- fit that ditched him, O'Keefe gets tangled in love matches with both Miss Rice and 'Virginia Dale, former winning out in the rather static ■finish. Picture will suffice as supporter in the duals, and moderately satisfy in those bookings. Its main purpose is nroducer showcase for O'Keefe and Miss Dale. Former shows spark that might carry him along as a light comedian of the William Haines and Reginald Denny types of 12 years ago. Girl has a personality that gives out on the screen, and rates attention for future buildup by the Metro pro- duction forces. Director S. Sylvan Simon handles the comedy situations in fine style, but is handicapoed by scriot matei'ial provided in the last half. Story weaknesses prevent picture from hit- ting lower brackets of key duals gen- erally. For the kids and action houses where patrons will overlook the yarn's triteness. BOY TROUBLE Paramount produrllon and release. Fea- tures Charles RiiESles, Msry Boland. Dl reeled by CleorRS Arrhalnbaud. Adopted by Ltnra anil S. J. Perelmnn from story by Lloyd Corrlnn and Monte Briee; camera, Henry Sharp: editor. Alma Ma- rrorle. At Paramount. Brooklyn, April 1, ■SO. Runnin; time: 7S MIXS. Homer f. Fitch Sybil Flloli Butch Patricia Fllrh Wyndham Wilson Joe Mr. Snively , Charlie Ruffiles Mary Boland ....Donald O'Connor Joyce Mathews John 'Hortley Billy Irf>e .Andrew Tombes Dr. Benschlaeer Dick Elliott Mrs. Jepson Zef(|e Tilbury Mrs. Moots Sarah Edwards Mr. Pike Harlan Brlcgs Mother Josephine Whittell Boy Sonny Bupp Mrs. UnRerlelJer Geontla Calne Mnslstrale Russell Hicks Fat Mother Omce ITayle Mr. Totnm Charles TrowbrldRS Grocer Bradley Spencer Charters Good old hokum with an emo- tional wallop that almost lifts it out of the 'B' class. Picture will satisfy nearly all types of audiences. It's a sure bet for the family trade. Director Archalnbaud rates praise for his handling of a story that ex- pertly mixes patho? wiS'i laughter and keeps the action going with plenty of slants and unexpected twists. Mary Boland and Charles Ruggles are co-featured and share honors with two youngsters, Donald O'Con- nor and Billy Lee. Performances all around are uniformly good, but in the last analysis, the picture leans heavily on Ruggles, who scores in a tailor-made part out of which he squeezes every oimce of effect The Fitches are a small-town childless couple, pretty much set in the even tenor of their domestic ways. Mr. Fitch (Ruggles) is a Caspar Milquetoast easily upset when his routine habits are dis- turbed and with an unhappy faculty of blundering into situations not of his making. Mrs. Fitch (Miss Boland), think- ing only of her husband's happiness i$ misled into adopting an orphan (Lee) and also a homeless waif (O:connor). Fitch, who takes , a daily browbeating in the partment store where he . orks, finds his peaceful home retrc./. completely upset by the newcomers. He orders Mrs. Fitch to get rid of tlie young sters, and sets his heart against showing any signs of affection or understanding for them. Numerous other, event in the '■ meantime conrpire against h'm. and I when the orphanage takes Billy Lee back for a more suitable adoption, and the other lad also takes to the high road when he finds he is not wanted. Fitch shows signs of weak- ening. Other complications, such as the loss of his job, a separation from his' wife and the crucial illness of little Billy brings things to a high emotional pitch, with everything finally working out hapiily in the end. Ruggles' best scene Is that at the bedside of the sick child when he ijlves the child a reason to live and :urn» the crisis favorably. Exhibitors can use tore pictures of (his type. TRIGGER SMITH Monozrnm production and release. Ptn^s Jack Randall; features Frank Taconelll. Joyce Bryant. Directed by .Mien Jafcs. Original screenplay, Robert Emmett: cam- era, Bert Ixinpreneci.-er: editor. Howard Dll- llrorer. At Colonial. Lincoln, dun*. Cast: Jack Randall. Frank '^'aconelll. Jovce Brvnnt. V*amer Richmond. Dnve O'Brien. Dennis Moore. Bol>i>y flnck. For- rest Taylor. Milton Klhbee, Ed Cassldy. Running time: SI SIINS. Pulled out Of drifting retirement when his brother turns into a bull's- eye In bandit target huntin"?. Jack Randall become.<i a. hammer fanning gi'n-packer in 'Tri,'»ger Smith.' an- other from the prolific Robert Em- mett Average Is the word for it, but it's oleaspntly entertainine as western.<; igO. It onens with a 21-horse pistol salute and closes with th i leads look- ing at the prospect of a haooy fu.- ture. with a little handpinching im- der the t?.ble. Ed Cassidy is a U. S. marshal who sacrifices one son on the altar of law and order, then sends for his other. Jack Randall, who has been loafing along back trails with his pal. Frtnk Yaconelll. Gant wh'ch is ter- rorizing the countryside is headed by Warner. Richmond, who directs regular nouncings on thf stage's gold shipments. Nice feminine tidbit is Joyce Bry- ant a looker with an edge on most of the sagebrush s. a. ourveyors. Her assignment is not stiff ar handled smoothly. Forrest Taylor. Dennis Moore and Dave O'Brien make the other impressions. Technical side of "Trigger* Is In good form. Botti. I AM NOT AFRAID Hollywood, April 1. Warner Bros, releaao of Bryan Foy pro- duction. Directed by Crane Wilbur. Screenplay by Lea Katz. baaed on 'Star Witness' by Lnclen Hubbard ;■ camera, Ar- thur Todd: asst. director, Russ ."aundera: UnloK director. Arthur Ripley: editor. Hai^ old McLemon, Previewed In Projection Room, March 81, '89. Running time: 88 MINS. MadRe C.iHer Jane Bryan I'lyssea Fortcrneld Charley Clrapewln Matthew Carter Henrj- O'SelU Jessie Carter Elizabeth RIsdon Ralph Carter JImmv McCalllon Bill Carter Dickie Jones Ted Carter John Russell Stephen Palmer Fred Tozere Xlck Bartel... John Oallaudet Miller ^. .Don Donslas Howard ~ Arthur Shepherd... Stuart McCrao*.... Mar7 &(oCrary BrowD , Max Frank Mayor Lawton Mayor's Secret,iry.. Dalton Slur Magistrate Revised Code ^s Provisions .Wllllnm Royale Boyd Irwin ....Emmet Vogan ....Grace Stafford Ccorge Cruhl ,...Normnn Willis ..Man Davis .Charles RIchman ...Millard Vincent ..Kenneth Harlan Klllot Sullivan ....Walter Fenner This Is a remake of 'Star Witness.' first produced by Warners in 1931, and one of the biggest gangster film grossers of that period. Added to the original are dramatic embellish- ments of patriotic preachments and several sidelights of Los Angeles po- litical skullduggery and upheaval of a year ago. Turned out for the duals, picture will mildly satisfy on the secondary programs. R> tine in both performances and direction, script drags in numerous spots, despite shortness of footage. Ending is ob- vious, and situations planted for dra- matic convenience are crudely in- serted. Story details experiences of a fam- ily which becomes tangled In politi- cal reform drive. Household sees police lieutenant plant bomb in neighbor's garage, with resultant fa- tality, but members are too scared to testify b'^cause of gangster threats. Charles (Irapewin, Spanish War vet- eran, finally stumbles tnrough to clinch the case for the district at- torney. SOCIETY SMUGGLERS Universal release of Ken G'lilsmdh pro- duction. Keninres Preston Foster. Irene Plervey. Diiected by Joe May. Stor^' by .Xrthur T. Herman and Earl Keltnn; cam- era, John Boyle. At Tlvoll. .N. Y.. March 31, '80, dual. Running time: 70 MINS. Sully Preston Foster Jonn Martin Irene Hcrvey Massey Walter Woolf King Emery Frank Jeiiks Larry Kearns Picd Keoting Johnny Bcelie Keels Tourney Mary Lnrson , Frances Roblnnun .\mes ita>trtond l'ar!:er Harrison Cay Cl-iiient Miss Wexley I^n-Is r.an'<ln Dr. Leo Harry Wn.nlei) Detective Kernun (.rl|tp& Implausible (ale of diamond smug- glers, faintly reminiscent of recent newspaper accounts of smuggl-ng in- cidents, production has enough nov- elty and action to enable it to stand up well on dual programs. Picture's laurels belong to Preston Foster and Walter Woolf King, as principal protagonists in the cops j and robbers drama. Irene Hervcy, I co-featured, should have showed to (Continued from page 4) area, to another exhibitor for the sr.le reason that such other ex- hibitor is a circuit customer, provided such regular customer (a) has substantially performed his previous license agreements with the distributor, (b) maintains and operates his theatre in a mod- ern manner, and (c) is financially responsible. Any dispute es to whether a distributor has so refused to license Its features to such regular customer shall be subject to arbitration. Should distributor elect to license its features to an exhibitor (other than Its then cur- rent customer) who Is a circuit customer, distributor shall. If its then current customer is not a circiiit cistomer, give him notice by telegraph of its election so to do. Should such current customer f.iil to commence arbitration proceedlh><s within five days after the sending of such notice, he shall be deemed to have waived all claims, if any, in connection with such features .under this Article 7. Short Snbjects, Newsrcels, Etc. Specifically excludes the licensing of newsreels, trailers, serials, reissues, westerns and foreigna as a condi- tion of licensing other features. Disputes arising under this division aim subject to arbitration, the powers of the arbitrators to be limited to: '(a) a finding as to whether or not the licensing of such fentures was so conditioned; and, if the finding be in the affirmative, then, '(b) an award cancelling the license agreement or agreements for (or to the extent that they relate to) siich "Shorts".' 8. Score Charges. Score charges, it any, for fiat rental features for th« 1938-39 exhibition season shall be added to and consolidated with th* license fees therefor. Commencing with the 1930-40 e^diibitlon season there shall be no separate score'charge for features licensed on either ■ flat rental or a percentage basis. 9. Allocation of Featnres. Under license agreements authorizing ■ distributor to allocate features to particular price brackets, distributor, on giving .notice of the availability of each feature, shall notify exhibitor of the price allocation thereot except that such notice of price allocation shall be given not later than 14 days after the national release date thereof to flrst-run exhibitors in those cities which the distributor may designate as 'Key Cities.' 10. Form of License Agreement Each distributor will use its best ef- forts to simplify Its form of license agreement 11. SelFctive License Agreements. Whenever an exhibitor shall hav« the right; under a license agreement to select a number of features out of a larger number, he shall exercise such right by written notice of selection or rejection of each feature to which he may be entitled under such agreen)ent within 21 days after the mailing of the notice of avail- ability thereof. Failure of exhibitor to give such written notice with re- spect to any feature within such period shall constitute a selection thereof by exhibitor. 12. Playing Features In the Order of Belease. If under any license agreement an exhibitor Is obligated to play features in the order of their release, the distributor will not withhold features from exhibitor becaus* featiures previously released have not been exhibited by him if his fail- lure to exhibit them 'was due to the failure of distributor to make them available. Any dispute hereunder shall be subject to arbitration. 13. Coercing Contnioia. No distributor shall coerce or intimidate an ex- hibitor to enter Into any license agreement by threatening to build or otherwise acquire, or by falsely representing that any other person will build or acquire, a motion picture theatre for operation In competition with such exhibitor. 14. Other Snbjeots of Arbitration. This section deals with the right of either distributor or exhibitor to take to arbitration any provision of th* license agreement which either side claims has been breached. Powers of the arbitrators to make awards are limited to fact finding, directing spe- cific performance and awarding of damages that shall not exceed th* liquidated damages provided therefor in the license agreement Clearance also may be the subject for arbitration. Findings of the ar> bitrators are limited to an award of the reasonable maximum clearanc* to which a theatre may be entitled. Over-buying of film by a competing theatre Is a form of complaint sub* ject to arbitration. The code states: 'In considering such complaint the arbitrators shall, among other things, make due allowance for a sufficient number of features reasonably to protect the responding exhibitor against non-dellvery of featiures and failure to make'features available and give du* regard to the type and operating policy of the theatre or theatres operated by the responding exhibitor. In no event shall an ex- hibitor be deemed' to be "over-bought" if his miiflmum commit- ments do not exceed by more than 15% his maximum require- ments. If the arbitrators shall find that over-buying exls'iS as herein provided, they'shall specifically find by what number. If any, the responding exhibitor shall have over-bought and thp responding exhibitor shall then be permitted a period of 14 days from the date of the arbitrators' decision to obtain the release of such excess number, it any, from his license agreement(s); if the exliibltor does not obtain such release, in whole or in iwrt, then the arbitrators shall make an award apportioning among the dls- ' tributors, 'with which responding exhibitor has entered Into license agreements, the number of features to be released by them, re- spectively (being in the aggregate the number of features "over- bought" less such number, if any, tlie release of which the re- sponding exhibitor shall have obtained) to the complaining ex- hibitor, provided that no such award shall be made unless ade- quate assurance shall be given to each distributor that It will re- ceive from the complaining exhibitor, in respect of Its features to be so released, no less in license fees and no less favorable other terms than were provided for in Its license agreement with the responding exhibitor.' 15. Effective Date. The provisions of the code shall apply to all con- tracts made after Jan. 1, 1939, for the 1939-1040 product and the product of subsequent years so long as this agreement shall be In effect 16. Term. The term shall be for two exhibition seasons starting on Sept 1, 1939. Thereafter any of the signatories may withdraw from th* agreement on six months' notice before the ending of any season. 17. Arbitration Machinery. It is provided that arbitration boards shall be established In each exchange territory. Selection of arbitrators shall be made from two general panels, (Da trade panel consisting of workers in the industry, and (2) an impartial panel of public spirited citizens. Two arbitrators chosen from the trade panel shall designate a third arbitrator to be chosen from the neutral panel. Compensation shall be paid only when necessary to the arbitrator from the neutral panel. Further pro- vision is made to fill vacancies among arbitration boards, to provide for stenographic minutes of hearings, rules of testimony, and waivers of oral hearings, in which event arbitrators shall make findings from submitted briefs. There remains some further discussion of arbitration provisions as In the instances when the Interests of a third party are concerned with th* findings of the arbitrators. Such further provisions will be discussed at later joint meetings of distributors and exhibitors. better advantage but doesn't She appears in almost all the footage, has a strong part, but isn't at her best Nari-atiVe ' deals VUh "efforts of Treasury Department to convict a clever smuggling ring. Foster as head T-Man plants an operative (Miss Hervey) In the office of a lug- gage company fronting for the head smuggler (King). Crux of the plot is ' scheme of lawbreakers to send winners of a slogan contest to Eu- rope and equip them with special ^ luggage containing secret compart- ments. In which precious stones wlU be smuggled In. Fosier pu>s another ringer, Regis Toomcy, in among the group of fiv* winners going abroad,'in order'to unmask ine plotters operating in Eu- rope. Toomey meets his oealh at sea when his identify becomes known, but Foster and Miss Hervey lliu' y uncover the real br-<ins of th* rin;- and bring them to book in a dr.^'nntic gun-flght finale. - I r' nk Jsnks and Fi-ed Keating s.i t.. cut in minor loles and le"'' good support