Variety (Jul 1939)

' 18 VARIETY PICTURES 'Wednesdayt July 5; 1^39 N. Y. Exhibs May Let B1dyn Screeno Conviction Stand as a Test Case To Also Corb Chorch Bingo. Etc First conviction ot a theatre for I RKO's Releasing Accord Aids Cincy Indie Ass'n Cincinnati, July 4. Franlc W. Huss, Jr., was elected president ot the Greater Cincinnati Independent Exhibitors, Inc., at its annual meeting last week. He suco ceeds Harold Bernstein, who was named secretary. A. J. Holt is vice- president and Herman Bley is treasurer. Having recently come to an agree- ment with RKO Theatres for quicker suburban release datea, the association anticipates an early 100% membership by Indies in the Cincy area. Outstanding addition will be Ike Llbspn, general manager of RKO Theatres in Southwestern Ohio and also head of the largest local chain of nabes. Disfaribs Adamant On Complete Repeal of N5. Statute, Or No Films running a lottery in New York may result in ultimate outlawing of all prize games in this territory In churches, clubs, lodges, etc., as well as theatres, if present plans of the Independent Theatre Ownisrs Asso- ciation ot N. Y. go through. Special Sessions Judge Bayes, ot Brooklyn, last week found Herman Eisenstadt of the Atlantic, Brooklyn, guilty of running a Screeno lottery. He fined the theatre $500 and suspended an additional 30-day sentence. Although attorneys tor the I.T.O.A. defended the theatre and there has been talk that the conviction will be appealed, latest strategy of the ex- hibs association is to letfihe decision ride as is, in the hope that the case will act as a milestone and the first real wedge in their fight to force withdrawal ot all cash games by non-theatrical as well as theatrical interests. If the Atlantic theatre goes ahead with an appeal, although this is by no means certain now, Harry G. Kosch, who is representing the Momart theatre, Brooklyn, when its case, on similar lines, comes up for a hearing on Nov. 20, intends to ask St John, N. B., July 4. The provincial government of _^ Nova Scotia has made no move wurt^8"l^mi^ion Z' wme into the Inward calling a special sewion of the matter, amicus curia (as a Iriwid of I legislature to discuss the demand of the court) when the appeal is beard. Judge Bayes* deciston in the At- lantic case ruled that despite pre- vious Court ot Appeals ruling, even If one admission is sold to patrons partaking in prize games within tl>e theatre, it is illegal. Devious Logic- Philadelphia, July 4. Philly exhib, asked why there were fewer summer shutterings than usual this year, despite cries of bad biz. explained: 'When business is bad, the ex- hibitors have no money. And when they have no money they can't go away for the summer. And if they have to stay home anyway, they figure they might as well keep their houses open.' Pl% AHied Endorses Mids. Move Rejecting the Fdm Code Wis. Cnrblnr Banko Milwaukee, July 4. Enforcement officers in half dozen Wisconsin counties have acted to ban bank night and similar money games on the basis of the state sa preme court's ruling banko is a lot tery. High court made this deciston in the La Crosse Theatres Co. case, the film dlstrll>s for- repeal ot the legislation handing over film move' ment control to .the provincial cen- sor board. The distribs refuse to contract with the exhibitors, and most ot the current agreements expire in Au' gust Efforts to have the provincial government sporjor a special ses- sion at which a move tor repeal of the controversial regulations, passed at the close of the 1939 regular ses- sion, would be made, have failed thus far. The regular session is not due until next winter. The government has reiterated its willingness to suspend enforcement of. the legislation, blit the distrlbs have nixed this offer. Their pre THEATRES GO ON PART-TIME SCHEDULES PhUadelphia, July 4. Major summer casualty to date took place here last week with the shut- tering of the mammoth Allegheny, operated by Warner Bros. Although only rated a nabe on run, house has the largest seating capacity of any theatre in Philly, except the closed Mastbaum. It holds more than 3,000 and has never before heen dark. Otherwise, despite general cries of punko biz, fewer houses than usual have been closed in this territory to date. While • flood of shntteringa was antldpated a month ago, just a few have taken place, although some houses have cut out Sunday shows and others have reduced play- ing time to three or four days a week. More than compensating for the summer darkenings in number—al- though not in capacity—are hot weather openings in resort areas. These include spots in the strawhat sector of the Poconos as well as in seashore resorts along the Jersey shore, which are fed product ^rom Philly exchanges. Sui^day closings here include the Carman, big indie vaudelilmer, and the Rivoli, Locust and Belmont. in which Circuit Judge RobAt S., ,„ , , , . , Cowie began a citizen's suit to halt v"*!*"? stan? ^J°' 'eP*^'' it in La Crosse N®^" ScotiSL Locally AI. 'd. Kvool, general A. J. MMOn, of Spripghlll, a vrt^ manager of Warner-Saxe theatres. I exhibitor, has been leading the has instructed managers of-12 War- ner-Saxe houses to discontinue bank night and* similar prize drawings. Prior to this police requested Dist Atty. Herbert J. Steffea to issue lot- tery warrants tor managers ot tour Warner-Saxe theatres where "Holly- wood* was played after the dedsicm was reached. Stetfes has the request under advisement Baoko Guilty Verdict Minneapolis, July 4. Paramount theatre, Austin, Minn., near here, has been found guilty of operating a lottery in conducting 'Bank Night' Sentence has been deterred until Jiily 6. Maximum penalty tor operating a theatre lot- tery is a $1,000 fine. The state supreme court has ruled that 'Bank Night' conducted accord- ing to its rules is not a lottery in violation of state laws, but the court in AusUn held there had been a deviation from the rules. battle tor the independent exhibs. His chief concern is understood to be a claim that he is entitled to the pix at his house ahead , of or simulten^-. ously with the showings of - the same films at the Amherst houses of the Spencer chain. Amherst and SpringhiU are about nine miles apart with many Springhillera go- ing to Amherst tor their film tare. E. R. Lynn,' of Sydney, another vet exhib, is Mason's i^hief second in the fight seeking priority with the Famous Players-Macdpnald- houses in Sydney, on supply. Cops Have OK on Sli*wa Hartford, Conn., July 4. Conforming with a charter amend- ment for the city passed by the re- cent Legislature, the Common Coun- cil last week passed an ordinance transferring authority tor the issu- ance ot licenses tor theatres and other amusements from the Mayor to the Police Chief. Wis.* Part-Tlmcrs Milwaukee, July 4. Various houses are beginning to told or operate on a curtailed policy for the summer. Locally Fox-Wisconsin has closed the Ogden and Kosziusko, and is operating the Grace and World on weekends only. Fox, however, has saved the main stem Palace from a summer closing as it did in 1934 and 1935 by a shitting^ ot product from its across-the-street Wisconsin. Meanwhile, the Wisconsin is running reissues until first-run A product Is made available. The Alhambra, indie main stem- mer, has had to close due to lack of ojfiexatii:^ capital. Fox has taken over two more from the indies—the Ritz and the Zenith—to help them out The Rex, Racine, has closed and the Vogue, Kenosha, is operating wedienda only, while the Grand in Oshkosh now is running only Sat urdays and Sundays.. Bingo OK In Conn. Hartford, Conn,, July 4. Governor Baldwin last week signed a bill legalizing Bingo if played under the sponsorship of or- ganized civic, educational, fraternal, veteran or church groups. BilLj allows tor local option and provides total prizes of $250 nightly. Licenses range from $1 to $250 yearly. Wis. Would Drop 3% Tap Madison, Wis., July 4. . In response to stetewide protest Including that from the film indus- try, the administration has Intro- duced in the' state assembly a new tax bill, which eliminates the 3% tex. In eliminating the admission tax, together with other sales tax fea- tures, the diSerence would be made up by tapping the stete highway fund. This recommendation was made by theatremen at a legislative joint finance eoitamittee hearing in n I II A If D J \if>"" miance committee hearin H. U. MOTeS KOUnfl protest against the theatre tax. Republic Pictures home office took advantage ot the tour-day In- dependence Day holiday, diirlng which the business offices were closed, to move executive head- quarters around in the Setay Build- ing, N. Y. Publicity, advertising, contract and accounting offices were moved from the third to the 14th and 15th floors. Offices of Herbert J. Yates, Ralph Poudier and others will also move down to those floors from their.pres- cot location on the 22d floor. STORY BUYS Hollywood, July 4. Henry King bouuit 'The Age ot '■ Reason/ novel by Sir Phillip Glbbs. Paramount purchased Barry Lyn- da's stage play, '^e Man in Halt Moon Street' 20th-Fox acquired Vardis Fisher's prize novel, 'Children ot God.' Metro acquired Chandler Sprague's tale, 'Sob Sister.' John M. Stehl purchased "Our World,' a novel by John Hennrick. Berne Giler sold his 'Legion of the [Lawless* to RKO. Texas' Schedule Dallas, July 4. Summer doldrums have closed' or put on part-time some 50 theatres in this section. Interstate Circuit now in extra-profit drive to keep July biz good, has closed none so far. Griffith chain has closed the Texas at Plainview, and put Oln^ at Olney and the Navajo at Gallup' on part-time. Independents look for upturn after poor spring as natives seek air- cooling to duck heat ; Philadelphia, July 4. Sentiment by exhibs here for prompt and increased Intervention ot the federal government In the film industry was the principal re- sult last Thursday (29) of a meeting of Allied Theatre Owners to hear reports on the Minneapolis conven- tion of the parent body. Exhibs not only unanimously backed the action ot the convention in turning down the fair practices code, but also went on record, to a man as in favor of immediate pass- age ot the Neely bill They left the get-together, with promises to write and wire their congressmen for action. Sid Samuclson, local Allied chiet- taiai and on executive in the national body, in. explaining the nix on the code, declared: "The distributors thought they could bail themselves out ot a monopoly investigation and the Neely bill by handing us fish- cakes. Exhibitors would have to be crazy to accept such an unfavorable trade.* Samuelstm reduced all exhib com- plaints to two things—price and clearance.' And the code doesnt mean a thing, he said, because the distrlbs refused to let the price ques- tion enter into it. . ^ *The distributors by their own ad- mission forced us to turn down ac- ceptance ot the code,' he -explained. 'They declared after the negotiations Iiad been completed that If they thought the problem of their income would enter into* the code, they never would have met with Uie ex- hibitors.' That 20% Anfle Also stressed by Samuelson were reports from all parts of the country of distrib attempts to get around the 20% cancellation clause and the no- pushing of newsreels and shorts pro- vision. He cited numerous cases where prices were upped 20% to. compensate tor the cancellation privilege and where features were refused — practically outrightly — it shorts and newsreels weren't pur- chased. Sympathetic with eshiibs to whom this had happened and hot at the distribs, exhibitors at the meeting were driven into a willingness to pass almost any vituperative resolu- tion,- when an official of the Philly Allied unit got up and said he had a complaint from a local member thpt a salesman had walked out on him when he claimed he didn't need the shorts but wanted the company's features. Anent the resolution favoring the Neely bill, some - exhibs revealed that more ttian a year ago they signed cards at the behest of film salesmen against the measure. They asked it the resolution would not be tnconsistent Attorney present ruled that In view of what had happened In the meantime It was perfectly logical tor exhibs to change their minds and it is the latest signature that counts. Most of the exhibs had never heard ot the cards against the bill, and expressed not too fnild surprise that their confreres had been in- veigled into signing anything of that sort. Exhibs for the rest of the selling season agreed to send in unsigned reports on their deals. These will be tabulated and made available to the membership to buck salesmen's claims. TITLE CHANGES Bollywood. July 4. 'Eyes of Scotland Yard' went back to its origlzlal tag; They Can't Hang Me,' at Universal. The New 'Frontier* Is marquee spread for Republic's 'Raiders ot the Wasteland' "Fugitive at Large* is release tag on *CrimInaI at Large at Columbia:. Unexpected Father* final title tor Universal's "Sandy TUces a Bow.* Columbia switdied from 'Escape from Alcatraz* to 'Behind Prison Gates.' Metro changed "Paga and Pen< guins* to 'Dog Daze.' ■ Queen Elizabeth nosed out the Earl of Essex in the Marquee Der- by at Warners. "The Lady and the KnIghf is the release tiUe tor The Knight and the Lady.' Western Pa. Abe Nixes Code Against ntuierous acceptances of tlie code, conditional upon arbitra- tion changes, which distributors have indicated wiU be changed. In addi' tlon to the Allied turndown the Mo- tion Picture Theatre Owners of Western Pennsylvania has rejected the pact This is a unit in the Allied States Assn. A m eeting of the membership ot MPTO ot Western Pa. was held in Pittsburgh during the past week to take this action, the majority in at tendance voting down the code. Fred J. Herrington, secretary, reported that It was the general oi^on of the membership that when and if the distribs offer a code tiiat is both equitable and accejptsble to Allied States, Ills westers Pennsylvania unit will go along. Heading acceptances conditional upon a change in the arbitrattoa pro- vision relating to thrce-partr clear- ance disputes, are the Motion Pic- ture Theatre Owners ot America, rrOA ot New York,. Indep«ident Theatre Owners of Southern Cali- fornia and tlie Motion Picture The- atre Owners ot Virginia. In most cases boards have to be assembled before the. exhibitor bodies can defi- nitely notify the distribs ot ac- ceptence. OkU. MPTOA Undecided Oklahoma City, July 4. There is • great deal of speculation hereabouts as to just how the The- atre Owners of Oklahoma, Inc., MPTOA affillato, will go on the new Trade Practices Code. At the convention closed last week endorsement was stolled by appoint- ment of a committee to give the code deep consideration and make a rec- Qmmendatlon to the board on whether or not the association sliould put its shoulder to the wheel on the deal One memt)er of the committee has expressed violent dislike of the ar- bitration setup in the code so there Is likely to be some fireworks there* to. Committee is supposed to report within 30 days. Neb.-I«wn MPTO Mull Code Omaha, July 4. Trade practice code will get a thorough going over here July 11-12 by independent exhibitors ' from Nebraska and western, part of Iowa. President Charles E. Williams of MPTO group called the confabl Buy- ing pools also may get an airing, since Williams has lieen trying to get one started for five years at least Arbitration and cancellation will be the main points discussed, says Williams. He hopes the code will be approved by exhibs in this district but expects opposition from various sources. Williams said he did not expect recent rejection by Allied board to have any affect on decision of Ne- braska-Iowa group. Allied does not have organization in this district Dr. DeKrnif Film By Pare Lorentz; U. S. Coin Pare Lorentz, currently making. The Fight t6r Life,* Government documentary based on the life of Dr. Paul DeKruif, is due back east in about six weeks. Several other Government films are tentatively slated to follow, but nothing is set 'Fight* is being produced by the U. S. Film Service. Among the Gov- ernment, agencies sharing in its cost are Public Health, Social Security and others. The Film Service is now on an allotment basis, with the work completely departmentelized. No permanent Hollywood setup li contemplated,. but certain outdoor scenes are being shot there and the sound Is also being dubbed in at General Service Studios. Explained that such technical facilities are bet- ter on the Coast 'The River,' pre- vious Lorentz documentary tor the Government ^sts also dubbed in Hollywood. Phil DeAngelis Fatally Stricken During Fight Scores from Broadway, the out- door field and newspaper fields tuiiied out Monday (3) for the fu- neral of Phil De Angelis, who died Wednesday night (28) at his home in Yonkers, N. Y. Veteran outdoor ad- vertising man, 58 years old, was seized with a heart attack while list- ening to the Galento-Louis fight He was an ardent Galento fan and bad bet on the fight whidi, together with tlie excitement of tlie ring battle. Is believed to Iiave caused the sudden attacic. The Dc Angelis Outdoor Advertis- ing Coi handled biUboarding and posting fikr many picture companies, notably Metro, with which he had a permanent contract De Angelis spe- cialiaed mostly in roadshow pictures and, when it came to 'sniping,' he knew virtually every spot tor. that in the eastern half of the country. Starting as an exploitation man. he was formerly with the Ringling Cir- cus; D. W. Griffth, Paramount and other companies. Surviving are.Jess, the widow, for- mer^ on the stage; one son, Edward, and two daughters, Bemice and An- gda. I Business whidi De Angelis found- ed will be. carried on by Mrs. DeAngelis, Edward, the son, and TOny Zito.