Variety (Oct 1939)

Wednesday. October 18, 1939 RADIO VARIETY 2S SCREEN GUILD EYES NRC It All Sums Up As A Snub A lorgnette and speeches luncheon in New York City last week devoted itself, with the customai-y publicity releases, to urging 'greater care in editing radio news.' The luncheon was unattended by prominent representatives ol .the radio networks, trade associations, wire services, etc. Indeed the- luncheon was notable for attracting no more attention than a mild resentment at what the majority of ob- servers thought to be a gratuitous case of '^smearing radio.' Promoter of the luncheon, and of previous forays into the realm of page one, is a woman. She has 'previously concerned herself with radio entertainment for children! Since the death of Chairman Annins S. Prall, of the FCC, she has not gotten too many acceptances to her invitations. She was a friend of Mrs. Prall. Regarded in the radio trade as a case ot ncwsprintitis, the whole affair was shrugged off as 'silly' and 'presumptious.' As one executive put It: 'Just after the Industry gets through working out a detailed system of self-regulation on news broadcasts, and puts into effect a conservative policy along comes this rank outsider with no qualifica- tion save self-confidence to demand that we drop everything and come at the snap of her fingers to cover the same ground all over.' Another comment was: 'Being in favor of more careful editing is on a par with being in favor of more careful driving. Who isn't?' — »■ PUBS DECRY PHONOGRAPH LICENSE' Broadcasters wera advised by Harry Fox, agent and trustee for music publishers, last week that his clients refused to recognize the right of a. phonograph record manufac- turer to license radio station for the airing of the latter's product. Fox takes th* position that the license which the recorder has obtained from the musical copyright owner does not grant the manufacturer any right io collect a performing or any •ther fee from users. The letter sent out to all stations fcy Fox reads: 'We have seen the proposal of certain manufacturers of commer- cial phonograph records to grant to radio stations licenses to broad- cast such Tecords. 'In as much as this association represents a great many publish- ers whose copyrighted works are Involved,' we wish to advise you that any such proposal is not au- thorized or sanctioned by them. Th» recording licenses granted to the record manufacturers by the.se copyright owners do not give to them the right to demand from you license fees for the broadcasting - ■ of phonograph records.' ■ - Obesity Cure Loses Damage Action Based Qn WMCA CanceHation Supreme court Justice Isador Wasservogel in N. Y. Wednesday (U), dismissed a $10,000 damage suit by Damskov, Inc., against the Knick- erbocker Broadcasting Co., Inc., op- erators of WMCA. Suit claimed breach of a contract made Feb. 20, 1935, and to run for a year, where- by the station was to broadcast three half-hour programs weekly epon sored by the plaintiffs product en- titled 'Formula 39.' The program was named 'V. E. Meadows Beauty Forum." The station was to receive $2,210 for the year. On May 17, 1935, the programs were discon- tinued, and the sponsor sued claim ing loss of good will. In its defense, WMCA declared that they reserve the right to jerk a program if it fails to measure up to standards, and that the plaintiffs programs were not of a quality or character to do them credit. It is also claimed that the plain- tiff's product was not a safe and ef feclive obesity remedy. KATE SMITH'S $100,000 SUIT AGAINST K. S. CO. ON FILM USE New Television Technique Involving 500 Feet of Spe- cially-Made Film to Be Inserted in Live Talent Show Attracts Visit From SAG Rep General as NBC War Observer Criticized by Rival Radio Camp; Royal Defends Appointment JURISDICTION O'KEEFE TO BE EXAMED INHISSUITVS.Y.&R. Supreme court Justice Aavon J. Levy in N. Y. has ordered the ex- amination before trial of Walter O'Keefe, in connection with the lat- ter's $48,750 action against Young Sc Rubicam, Inc. and Packard Mo- tor. "O'Keefe claims Illegal discharge, •iserting he was employed Jan. 4, 193B, to May 31, 1938, at $4,000 weekly to March 1, when the saliry waj to be $3,750. He complains thnt hli contract was breached on March 1. Kated Corp. and Kate Smith filed a N. Y. supreme court action Wed- tiesday._Uli-against-Xate^-Smith, .dQ3. ing business as Smith 'Co., for $100,- 000, claiming unauthorized use of the singer's name for commercial purposes. The defendant is in the business of manufacturing slips, nightgowns, and underwear, for stout women, and calling them Kate Smith Stouts. Eugene Lyons Sponsored Sparlon Radio begins a Tuesday through Saturday news period on WMCA, New York, tomorrow (Thursday) with Eugene Lyons. Will air 10:45-11 p. m. Lyons is editor of American Mercury.. Magazine (and one-time Russian correspondent for Variety and United Prfess). Lyons' first ne\Vs broadcastin? was several weeks ago, when he started on WMCA for another sponsor. Pete Peterson Off KFNF Chicago, Oct. 17: M. H. (Pete) Peterson has re- signed as manager of KFNF, Shen- andoah, (la.) and has returned to Cliicago where he joins the Rey- nolds-Fitzgerald newspaper and sta- tion rep outnt. R-F Brm is making a drive in the station rep field. Harry Delf Answered Answer of Metro Pictures Corp., General Foods, Ma.xwell House Prod- ucts, Ltd., Benton 8c Bowles, Inc., NBC, Marcus Lpew Booking Agency, Inc., Loew's, inc., Frank Dolah, Robert Taylor, and' June Clayworth (o the $100,000 suit of Harry Delf against them was filed Monday (16) in the N. Y. Federal court. The an- swer consists of a general denial, and an affirmative defense, claiming that the plaintiffs sketch, "The Joker' was not original with him. A dismissal of the action is sought. Delf alleges plagiarism of his sketch In a broadcast over WEAF and WHN on the 'Good News of 1938' broadcast. Jay Franklin on Wax Washington, Oct. 17. More waxed news comment has been put on tlie market. Jay Frank- lin, former Siale Department exec and now interpreter of political low- down di-sseminated via the Bell syn- dicate, has debuted with a weekly platter following a Iry-out over Pennsylvania stations. As a rival lor Boake Carter, Jay Franklin (whose last name, dropped professionally, is Carter) is domg The Week in Washington' with guest '.artists as an occasional added starter. Experiment by NBC with a new technique in television, combining live shows with spliced-in footage of specially-made film, ran afoul of the Screen Actors Guild Monday (IC). Meantime, Max Gordo.i and Thomas Hutchinson, in charge of NBC tele- vision, appeared yesterday (Tuesday) before the Equity Council in regard to live visio shows. Th_j the matter of television is seen as likely to pre- cipitate a jurisdictional t7ngle in the Associated Actors and Artistes of America. NBC's initial experiment in the new technique consisted of filming about 500 feet of the prizfr-fight scene in 'The Milky Way' to be woven into the live show of the same script with the same actors. It was done this way because NBC's studios aren't large enough to make the take before the cameras in the way that the directors desire. If it works out it should extend the artistic frontiers of television. Shooting of the film footage had hardly begun in New York on Mon- day when Mike Connelly, Screen Actors Guild rep. walked in and put up a squawk; Union had not been notified that film was to be made and he maintained that NBC actors were being paid below the Guild scale. After a hurried confab will; NBC execs, Connelly allowed th» leiismg to continue in view of Its experi- mental nature. He exacted an agree- ment, however, that NBC will dis- cuss the work withrthe union before any similar shooting is done in the future. Equity now has limited jurisdic- tion over television and there is no scale, actors merely working on a flat basis agreed on beforehand \yith the company. In the event the SAG scale should be enforced, it would be impossible to continue with the ncw-'techniqu'e,--Hutchinson declared;- Rate is $23 a day minimum for prin- cipals, $10.50 for parts with special business, $11 for bits, $8.'25 for gen- eral atmosphere, and $5.50 for mobs when more than 50 people are em- ployed. Hiring cannot be for less than a full day. Hutchinson maintained that the filming does not come within the SAG scope inasmuch as the picture is absolutely worthless for commer- cial exhibition. It is even of no value to NBC again unless the play (Continued on page 47) RADIODANCE PARTY UP FOR SAT. KITE McCann-Erickson may revive the marathan dance band program it created for the National Biscuit Co In December, 1934, but,this time it would be put on in behalf of Twenty Grand cigarets, an Axton-Fisher product. The Idea as now developed by the agency is to. have three dif- ferent types of bands, namely, hot sweet and tango-rhumba, perform alternately during a two-hour stretch of a Saturday night. The network suggested i.s the NBC-blue, The original 'Let's Dance,' idea as underwritten by National Biscuit, allowed for three hours of continu- ous entertainment. CBS' Tie-Up Los Angeles, Oct. 17. Los Angeles Times changed its attitude toward radio last week when Columbia's KNX offered a free service for transmission, of Bill Henry's daily commentary from the European war zone. It was snapped up fast and the sheet may yet give CBS a credit line with each of the Henry dis- patches. Network made avail- able, for the Henry daily con- tributions to the Times, its short wave facilities direct from the front via relay to CBS head- quarters in N. Y. and thence west. Service greatly expedites transmission. It is strictly a gesture by CBS and the network is permitted to use what it will for newscasts from the Henry report. CBS has occasionally ■ used Henry as a commentator from the war zone. He is one of the ac- credited correspondents at the front. . Pearson-Allen, Rapee Head New Mutual Cooperative Show Mutual bows in another co-opera- tive show this Sunday (2'2). It will span the 6 to 6:30 p.m. period. Cast will consist of Drew Pearson and Bob Allen, Erno Rapee and a 30- piece orchestra, Mary Small, the Tunetwisters and Arthur Hale. Pontiac dealers will back the show in New York and Detroit, Regal shoe in Cincinnati and Washington and Iowa Meat Packing in Des Moines and Cedar Rapids. TONY WAKEMAN SACKED BY BRAD ROBINSON Washington, Oct. 17. Tfrt'Bet ween'Tony "Wakeihlirir WOL'' sports announcer, and Brad Robin- son, broadcast chief for General Mills, last week led to replacement of Wakeman by a General Mills spieler. After airing all games played by George Marshall's Wash- ington Redskins during the past two years, announcer was given the bounce and Harry McTigue, Gen- eral Mills sports chatterer, the job. Sudden toppling of Wakeman was attended by plenty of grief in the studios. Bill Dolph, president of WOL, v/as unable to help his em- ployee because of a clause in the contract giving the Whealies outfit- the power to name it.5 own announ- cer.' Seemingly, nothing could be done to keep Wakeman at the micro- phone. Job for Wheaties was not confined to the radio station. Wakeman was scheduled to make 28 calls upon var- ious grocery stores, where—accom- paiiied usually by a football player- he was supposed to make a personal appearance In the interests of scrunchy breakfast food. Brig, General Henry J. Reilly may quit as war correspondent for NBC before he even goes on the job. General Reilly, who is not in this country, doesn't like the idea of be- ing liinited to a 30-milc sector along the French front. In taking the as- signment he had looked forward to being the network's roving war ex- pert with every section ot the battle front coming under his observing range. General Reilly commanded an in- frantry bridade in the American Ex- peditionary Forces in the last -war and is now retired. For several years after the war he published the Army and Navy Journal. On the outbreak of the current European war he offered to organize a regi- ment of Americans to flght with Uie French army, but the proposition did not meet ready acceptance.. Rivals of NBC last week .seized upon thi.i angle to question the prudence of General Reilly's appointment. The point raised by the competition was that since Reilly had offered to fliiht for the Allies it was unlikely that he could be depended on for neu- tral reports. Not a Violation John F. Royal, NBC program chief, burned when he heard about this line of comment. Royal pointed out that of all the front correspon- dents by the three tietworks, Reilly was the only one that was a mili- tary man and had had war experi- ence. Royal also burned at the opposition's criticism ot what thejf_ called NBC's untimely announce- ment of the general's aopointment.^ The other networks had implied that' NBC violated a gentleman's agree- ment when it jumped the gun on making this announcement. Ac- cording to the opposition the un- written code which was adopted by the networks several weeks ago in- cluded the understanding no im- portant move on war coverage would be made public without previous consultation among the three net- works and a joint announcement. Royal ridiculed this version. He said that the understanding had nothing to do with appointments but that it did bar the parties tu tlie agreement from claiming any scoops 'or'Sd'<'ertisinB-any''flrsts:' OXYDOL'S NEW TIME DUCKS BORAX 'Hardy' Not for Texaco Texaco'.s home office stated yes- terday (Tuesday) that there was nothing to the report that it was again considering using an air ver- sion of Metro's 'Judge Hardy' scries for the second half of the oil com- pany's Wednesday night show on CBS. Texaco spokesman added that, the outfit was entirely satisfied with the way the Trahsamerican - produced dramatic period was turning out and it hadn't even given a thought to something else. Chicago, Oct. 17. .■ Solution has been found by'l^BC' for the problem created by Procter ic Gamble's wish to spot its new- comer, 'What's My Name?' on tlie red link Saturday nights. Network offered the 'if-7:30 period and the ac- count accepted it. Series starts in behalf of Oxydol Nov. 4, with a. hookup of 34 stations, which include the mountain and Pacific groups. NBC had originally made the 9- 9:30 period available but Borax protested on the ground that the two firms arc peddling a competitive product. Borax's 'Death 'Valley Day.s' holds the succeeding half hour. Blackett-Sample-Hummert is the agency on 'Name.' There will i»e % repeat broadcast at 10:30 p.m. CANNON OF KSL HONORED Salt Lake City, Oct. 17. Latter Day Saints (Mormon) church last week honored Sylvcstsr Q. Cannon, president ot KSL by ap- pointing him to the church's council of 12 apostles. He formerly was an associate.