Variety (Dec 1939)

S4 VARIETY Wednesday, Deeember 13, I939 I OBITUARIES college, Yellow Springs, O, and a daughter. DOUGLAS FAIRBANKS, SB. Douglas Fairbanks, Sr., 55, died unexpectedly of a heart attack in his Santa Monica, Cal., beach home early yesterday morning (12). Further deUils In film section. EBNEST SCHELLING Ernest Schelling, 63, pianUt, com- poser and conductor, who perhaps was best known as the director of the children's concerts of the New York Philharmonic, died of cerebral embolism at his New York home Dec. 8. In comparatively good health, he was stricken the day be- fore his death. Born In Belvidere, N. J., the son of Felix Schelling, theosophist and philosopher, at the age of four he debuted as a concert pianist in Phil- adelphia. He was then sent to Eu- rope to study under the masters, and returning to America, enrolled at the U. of Pennsylvania,. where he re- ceived the degree of Doctor of Mu- sic. Later, he was tutored by Pader- ewski and appeared with him in iSany concerts. A World War vet, he was mustered but of active serv- ice with the commission of a major. He held many medals for valor. An injury suffered in an automo- bile accident in Switzerland 20 years ago terminated his career as a con- cert pianist. He had since devoted most of his time to composing and conducting. Surviving are his 22-year-old widow, the former Peggy Marshall, niece of Mrs. Vincent Astor. He had married her but four months ago, both having recently returned from a Swiss honeymoon. His first wife died two years ago. some 30 years ago when he managed Miss Cahill, Stuart Robson and Marie Burroughs, all prominent players of that era. Other musicals in which Miss Cahill appeared while under his management included The Boys and Betty,' 'Marrying Mary' and 'Just Around the Corner.' Retiring in 1912, Miss Cahill re- turned to the stage after business losses suffered by her husband. Last seen as Gloria Wentworth in The New Yorkers,' produced in 1930, she died three years later. Funeral services were held under the auspices of the Actors Fund of America at St. Malachy's church, N. Y., Saturday (9). Interment fol- lowed at the family plot in Holy Cross Cemetery, Brooklyn, where his wife is also buried. HELEN ABTHUB Helen Arthur, 60, director and manager of the Neigtiborhood Play- houserNr Y., during the-'12 years-of- that organization's activity who later turned to personal management of performers, died of cerebral throm- bosis at the N. Y. Neurological Insti- tute, Dec. 10. Recuperating from a recent illness, she had planned a trip to California, but suffered a relapse three days before her death. Born in Lancaster, Wise, Miss Arthur practiced law for a time, but then found the theatre to her liking. She broke in via the press agent route, doing blurbs for Grace George, then became company man- ager for Florence Roberts. For sev- eral years she was executive secre- tary for the Shuberts. For the past four strawhat seasons she had been executive director of the Newport, R. I., Casino and also assisted with the Annual Drama Festival at Ann Arbor, Mich. As managing director of the Actors- Managers, Inc., producing firm, she supervised the presentation of sev- eral Broadway plays, of which some were The Love Nest,' with June Walker, 'Maya' and The Grand Street Follies.' For 10 years the manager of Ruth Draper, she had also represented Angna Enters, Marioii Kerby and Mrs. Patrick Campbell, VICTOB WAGNEB Victor Wagiier, 64, well known choral and orchestra conductor, died in Rochester, Dec. 7. A native of Toronto, he played the cello at the Royal Opera House, Vienna, and with the Vienna Phil- harmonic from 1897 to 1906. He later joined the orchestra of the Metro- politan Opera Co. Leaving the Met he conducted light opera companies for a time prior to becoming musical director of the Rialto and Rivoli the- atres, New York, in 1908. At the request of the late George Eastman he went to Rochester in 1922 as managing director of the Rochester Philharmonic. Subse- quently, he batoned orchestras there on WHAM and WGY, and for the past five years had been leader of the Eastman Kodak Employees Chorus. Surviving are his widow, a son, daughter, and three sisters who live in Vienna. WILLIAM -A. TBEMAT-NE William A, Tremayne, 75, Shakes- pearean savant, who wrote a num- ber of successful plays in which such stars as Robert B. Mantell and Rob- ert Hilliard appeared, died after a two-year illness, Dec. 2, at his home in Montreal, In his youth he toured with the late James O'Neill, father of Eugene O'Neill, but in later years devoted most of his time to scripting. Some of his better known works included the farce, 'Lost, 24 Hours,' written in collaboration with the late Logan Fuller; 'The Light of Other Days,' 'A Free Lance,' 'A Secret Warrant' and 'The Dagger and the Cross,' of which the last four were produced by William A. Brady for Mantell. He had retired about 10 years ago and since had been an active booster of the Little theatre movement in Montreal. Burial in Montreal. WILLIAM MELVIN William J. Melvin, 54, who retired as a theatre manager for the Sparks circuit in St. Petersburg, Fla„ eight years ago, died in that city, Dec. 7. Born in Savannah, he went to St. Petersburg, 22 years ago, and aligned himself with the S. A. Lynch organi- zation. Serving with Paramount- Publix theatres, he later became af- filiated with Sparks, which absorbed Publix. He leaves his rhother and a brother. BOBEBT B. POTTEB Robert B. (Bob) Potter, 63, for years with the late B. C. Whitney's theatrical enterprises in Detroit, died in that city Dec. 5. Long manager of the Detroit Opera House, following Whitney's death. Potter became manager of Orchestra Hall, serving, too, as comptroller of the Detroit symphony orchestra until his retirement from active business in 1922. Survived by brother and sister. Lawyers^ Star Salaries . Continued from pace 3_ FBED S. MENDE Fred S, Mende, 58, former member of the Waldorph and Mendez vaude tumbling team, but who in recent years had headed an Albany Jewelry firm founded by his father, suc- cumbed Dec. 8 in an Albany hospital, apparently of a heart attack, after being stricken while driving his car home froin business in the capital' city. Surviving are a brother and a sis- ter. DANIEL BASKCOMB Daniel Baskcbmb, 59, comedian who specialized in character parts, died in London, Dec. 10. He first appeared on the English stage at the age of 10 in The Octoroon.' Famed for having played a minor part in 'Peter Pan' 1,100 times, from 1904 to 1907, he was rated among the more popular Brit- ish'funnymeh. ' ~ DB. WILHELM OBOSZ V Dr. Wilhelm (Willy) Grosz, song- writer, died suddenly ot a heart at- tack at the home of some friends in Forest Hills, N. Y., Dec. 9. Also known as Hugh Williams, his nom- de-plume, he composed 'Isle of Capri,' 'Red Sails in the Sunset* and other song hits. He was 45. Mother, widow and two children survive. Details in the Music section. DANIEL E. BAKEB Daniel E, Baker, 78, yet musical comedy and minstrel ' performer, who for the past ifive years had been a resident at the Actors Fund Home, Englewood, N. J., died Dec. 6, after a short illness, at the Englewood hospital. " First appearing In Chicago with Haverly's Mastodon Minstrels in 1880, at the age of 19, he later played with William Collier, Sr., and Charlie Reed in 'Hoss and Hoss' and with Frank Daniels in 'Little Puck.' An original member of the cast of George Ade's 'The College Widow,' he also was seen with Fred' Stone in Tip Top' and appeared in the first 'Follies* produced by Florenz Zieg- feld. Surviving Is KIs widow, Nellie Buckley Baker, retired actress, also a guest at the home. Funeral serv- ices were held Friday (8) in New York and burial followed st the Ac- tors Fund plot, Kensico cemetery, N. Y. DANIEL V. ABTHUB Daniel V. Arthur, 72; theatrical producer and manager, who retired 10 years ago, died of apoplexy Dec. 6 in New York. Starting his career In the theatre at the Redmond Grand Opera House, Grand Rapids, Mich., he came to N. Y. In 1902 to produce 'Nancy Brown,' comedy by George Broad- hurst and Frederick Rankin. It starred Marie Cahill, whom Arthur later married. He achieved his greatest success JOHN HAMMELL John Hammell, 58, former film censor at Paramount, died Dec. 5 in Hollywood after a plunge from the fourth floor of a hospital there. He had been ill since April; 1938, when he. resigned from Paramount and took a world tour for his health. Born in Detroit, Hammell was with the Buffalo Bill and Barnum Si Bailey circuses before he entered pictures in 1910 as salesman for the General Film Co. Four years later he joined Pathe as sales manager. He began with Paramount in 1922 as a salesman, followed by rapid pro- motions to branch manager, division manager and division chief. From that post he moved into the censor- ship position at the homeoffice and later in Hollywood.. Surviving are his widow and son. GEBTBUDE MOTEB Gertrude Moyer, SO, former rhusl- cal and vaude dancer, died Dec. 10 in New York, a victim of cancer. She had played in Weber and Fields musicals with such stars as Bessie Clayton, Fay Templeton, Lil- lian Russell, Frankie Bailey among others. She later was in Ziegfeld's 'Follies,' dancing with Gertrude Van- derbilt, Rosie Green (and Keno), mother of Mitzi, and Vera Maxwell. Later, she went into vaude. Three sisters, Ray, Dot and Irene, all former vaude terpers, survive. MAX FIEDLEB Max Fiedler, 80, former symphony orch conductor, died Dec. 9 in Stock- holm, according to word received by his son, Max, of Philadelphia. He appeared in the U. S. at vari- ous intervals, conducting the Bos- ton and N. Y. Philharmonic Sym- phonies as guest maestro. He had led. the London symph earlier in the century. Also surviving is another son, Wil- liam, director of , music at Antioch LOUIS (CULLT) MOBBIS Louis (Cully) Morris, 71, one ot the five brothers who organized the Joe Morris Music Co., died in Miami Dec. 6. His widow, a brother, Joe, and a daughter survive. Burial was in Philadelphia Dec. 11. Further details in the music sec- tion. ESTELLE DOLAN Estelle Dolan, formerly the wife of George Sheldon (and Tom How- ard), radio comedian, died after a short illness in Saranac L^ke, Dec. 7. She had been a health seeker at Saranac for some time. Surviving is her husband, John V. Dolan. MBS. B. C. HIGHTOWEB Mrs. B. C. Hightower, of the dance team of London and Eloyce, died Sunday (10) in Montgomery, Ala., ot auto accident injuries. Details in vaude section. RALPH HOLLAND Ralph Holland, 51, stage and screen player, died Dec. 7 in Los Angeles. He had been in pictures. 12 years after a career in legit. Surviving is his widow. Fred Bentley, 60, .died in London, Nov. 12, after a short illness. Well known in music publishing, he started his career as a youngster in the Mohawk Minstrels, and for a number of years was musical editor of the Lawrence Wright Music Co., London. Boberl MeClure, 30, with the Har- ris Amus. Co, PitUburgh, for last three years, died unexpectedly in that city last week from complica- tions brought about by a throat in- fection. Benjamin S. Fish, 50, former man- ager of the Majestic, Beloit, Wis,, died Dec. 10 in Janesville, Wis. Sur- vived by his widow, two sons, pa- rents, a brother and three sisters. Andrew J. Selbert,. 75, former w.k. Louisville band leader, died Dec. 7 at his home in that city, Charles Simon, 63, operator of the Buckeye night club, Ravenna, O., died Dec. 4. in a Cleveland hospital. fee basis throughout the proceed- ings. Counsel of record on preliminary motions include, for' Paramount, Simpson, Thatcher & Bartlett; 20th- Fox, Dwight, Harris, Koegel & Caskey; Irving Trust Co. (for RKO), Donovan, Leisure, Newton Sc Lum- bard, and William Mallard; Metro, J. Robert Rubin and Davis, Polk, Warwell, Gardiner & Reed; Chase National Bank, Mudge, Stern, Wil- liams & Tucker; Warner Bros,, Rob- ert W. Perkins; KAO, Goldwater & Flynn; Universal, Chadbourne, Hunt, Jacket & Brown; United^ Artists, O'Brien, Malevinsky & Raftery; Co- lumbia, Schwartz & Froehlick, and for individual defendant, Saul E. Rogers. . . . Actual cost of defending the'ac- tion during the trial is estimated at about one-third of the final total bill for the suit. Preparation and cost of subsequent proceedings, either in the nature of appeals or defense of Government appeals, will comprise the remaining two-thirds. UA's Stipniatlon A formal stipulation ot agree- ment between the Government and United Artists Corp., signed by Thur- man Arnold and O'Brien, Driscoll & Raftery, and approved by Judge Alfred C. Coxe, was filed in the N. Y. federal court Thursday (7). The stipulation waives all objections on the part of the S. toward answer- ing the 38 questions submitted by UA. The most important part of the agreement is that the V. S. prom- ises to furnish all the names re- quested, and will add additional names as they become known. Thesef names arc the names of Govern- ment witnesses which had not been disclosed heretofore, as the U. S. had charged that it feared the com- panies would coerce the witnesses. —Lastly—the_Govetnment—promises to answer all queries as soon as pos- sible, but no later than Feb. 1, 1940. The most searching and inquisi- torial interrogatories, served to date were filed by Columbia Pictures Corp.. through Schwartz & Frohlich, on the Government Friday (8). Some 60 pages of questions are listed, covering so much territory, that should Columbia receive answers in no more than 50%, it will know more about the Governments case against them than the U. S. itself. In some instances the questions asked are similar to those filed by other defendants. In a great many others the questions, which really constitute another bill of particulars, are specific as to Columbia. For ex- ample, the first question asks if com- petition in production, distribution, exhibition, etc., was unlawfully re- strained before Columbia was incor- porated in 1924. This is an attempt to prove Columbia entered a situ- ation over which It had no con- trol. The train of events leading to the monopoly is asked for, and specifically wliat territories and areas (Columbia refused to enter as a com- petitor, due to agreements with other majors. All Tiames of Govern- ment witnesses having knowledge of such facts are requested, Brooklyn Anti-Trust Suit Ten majors, Randforce . Amus. Corp. and three individuals were named defendants In a suit filed In Brooklyn federal court yesterday (Tuesday), charged with violating the anti-trust act and unlawful re- straint of trade. Suit was filed by the 395 Amusement Corp., owners and operators of the CJloria theatre, 600-seater in Brooklyn, DefendanU are 20th-Fox, RKO, Warners, Columbia, Paramount, Uni- versal, United Artists, Republic, Samuel Rinzler, Louis Frisch and William Yost, in addition to Rand- force. Rinzler and Frisch are said to own 50% of Randforce stock, with 20th-Fox, RKO and other defendants owning the rest. Yost is the owner of a new Brook- lyn house, the Clinton, competitor of the Ciloria. He is said to liave en- tered into an agreement with Rand- force, which buys and books for about 50 houses, whereby the Gloria and five other indies in the neigh*- borhood will be prevented from ob- taining/ major first-run product. Plaintiff maintains the cessation of firSt-run product is causing him to lose $200 a week. He asks a perma- nent injunction and a declaration that contracts and agreements com- plained of are Illegal. Odom'i Trnst Suit Atlanta, Dec, 12. . W. H. Odom, of Miami, former op- erator of a MilledgevlUe, Ga., film theatre, last week filed suit In district court here asking iis'n^ damages from eight motion plct'm, distributing companies and Rn,! Martin, of Columbus, Ga., operat<tt of theatre chain. Odom*s attorneys charged violation of Sherman anti-trust act, claiminj distributors 'conspired with Marlll not to give him first class films tot distribution' and forced him to ten his theatre to Martin at a loss. ^ Companies named: Paramount RKO, United Artists, Metro, Univer- sal and Columbia. Homand's Trial Airs FUm Trade's Practices Baltimore, Dec. 12, Suit of Leo H. Homahd, operator of the Westway, local nabe, against the Durkee chain plus all the major film companies except RKO, current, ly being tried before Judge W. Calvin Chestnut in the U. S. district court here, is airing the peculiarities of* trade practices in the local presi Homand, charging conspiracy and violation of the Sherman antirtrust act, claims 14-day clearaiice meted out to' his house, a newly-built the* atre, in protection of Durkee house; two miles away. Is discriminatory and damaging to his investment. Edgar Allan Poe is representing the plaintiff, and James Piper, heading array of legal talent acting for de. fendant. Film companies also Indl. vidually represented. Another suit against Durkee and the Rome nabe chain was. filed by the Linden theatre, an Indie, last week. The Linden theatre suit accuses the two major circuits of that city and eight major producing and dis* tributing firms of engaging in 'monopolistic Pffctices*_and violat- ing the~Clayt6h arid She'ririah' anti- trust acts and the Robinson-Patman Anti-Price Discrimination Act The Durkee chain operates 22 nabes in Baltimore and the. Rome .circuit con- trols 10. The Linden charges both chain] with entering into an agreement in which they do not compete wilh one another, and whereby they have 'combined their purchasing power to coercively procuring from iha distributing defendants priority and preferences for their theatres over Independent exhibitors.' It's contended that Durkee and Rome had virtually divided up the city between them arid when they both had houses in the same neigh' borhoods, one chain would operate as a first-run nabe and the other as a subsequent run. The distributor-defendants In the suit are WB. Paramount. RKO- Radio, Loew's, 20th-Fox, Columbia, Universal and United Artists. In- dividual exhibitor defendants are Frank H. Durkee. Charles R. Nolle, Walter D. Pacy, Gilbert W. Reddish, Grand Co., J. Loiiis Rome, Leon R Back. Edward W. Kimpel, Jr., Rialto Theatre Co., Metco Theatres, Inc, and Schanze Theatre Co., Inc. MARRIAGES Virginia Benning to Hilton Stark, Dec. 6, In Milwaukee. Bride li daughter of musical director at WTMJ; groom is former member of Dunn Boys, radio quartet. Annette Bretzlaff to Bob Trendler, In Cincinnati, Dec. 4. Bride 1> member of Three Graces vocal trio; he*3 musical arranger and chorus di- rector. Estel La whom to Eddie Foster, In Yuma, Ariz., Nov. 12. He*s a screen actor, Estelle Brown, non-pro, to W. R- Wllkersori, trade paper publisher, Dec. 11 In Las Vegas, Nev. Fourth try for him; second for the bride. Ida Polls to Ben Perry, Dec. 9 1" Los Angeles. He's Hal Roach pub- licist BIRTHS Mr. and Mrs. Gregory Carter, daughter, in Hollywood, Dec. 2, Father is newsreel theatre owner there. Mr. and Mrs. Harry daughter. In Pittsburgh, Father's a band leader. Mr. and Mrs. Ernest daughter. In Hollywood, Father is Metro writer. Mr. and Mrs. Jack Mather, son, m Los Angeles, Dec. 5. Both are radio performers. Mr. and Mrs. Harold Higgins, son, in Chicago, Dec. 2. Father is l." charge of WOR sales office in Clii- cago. Singer, Dec. 4- Pagano, Dec. 7-