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20 PIGTURES Wednesday, December 23, 1942 I • Sl Louis Would hhoo Smokuig In Theatres As Safety Measure St. Louis, Dec. 22. An ordinance to ban smoking in St Louis theatres will be asked by Director of Public Safety Harry D. McBride who, last week, declared that inspectors of hi- department, making a thorough checkup of safety measures in dance halls, flicker houses, theatres and other places of public assemblage had found six flicker houses that not only per- mitted smoking in the balcony but posted signs to encourage snch prac- tices. Wrathful over this lack of safety that is now covered by ordinances McBride decUred. This practice is going to stop immediately, through th« voluntary co-operation of theatre owners, until the necessary legisla- tion can be introduced in the Board of Aldermen.' McBride said an association of flicker house owners had appointed a committee to deal with every owner of a picture theatre in town In eliminating fire and safety haz- ards. He also declared the associa- tion represented about 70% of the cxhibs. Following the Boston Cocoanut Grove disaster local inspectors Mgan making the rounds and have reported that the existing safety measures, covered by ordinances, is observed by only about 10% of the places in- spected. Some of the violations found were over crowding; lack of exit lights; stairways to exits blocked by stored material, exit doors found locked, use of inflammable material for decorations, and the storage of easily ignited material.' Joe Franklin Says Can. Fix Biz Is 'Fhenomenar Joe Franklin, St John, New Brunswick, circuit operator, in New York last week to set a product deal with Paramount for the eight houses in the Franklin-Herschorn circuit, reports phenomenal box office gains throughout Canada. There's an ex- cess profits tax of 100%, however, while corporations also pay an ad- ditional 30% tax on pre-war profits. Fuel situation in the Dominion foi'^d most exhibitors, like others, well prepared with coal supplies. U;ber latior ng has also been ab- sorbed easily. mm TEXAS THEATRE FIRE 'Na Smoking*, in Mass. Springfield, Mass., Dec. 22. 'Western Mass. Theatres, Inc., this week revealed a new policy of ^ao smoking' in all its houses. President Nathan Goldstein said it was not as the result of the. Cocoanut Grove holocaust He said the policy had been adopted prior to the Boston, Are, as an economy move. According to Goldstein, the flre- proofed carpets and upholstery Is . difficult to replace during war times. The Paramount, biggest house in the chain, - has always permitted smok- ing in its mezzanine. Notices were flashed on the screen and posted at the boxoflice this week of the new order which was received without too much grousing. Story that the move was one for economy caused many lifted eyebrows here. BATTLE OF COHOES LOOMS • Faotlons in Small VpsUte N, T. Bnrg Aagor a Hot Time Cohoes, N. Y., Dec. 22. A battle royal for picture patron- age in the City of Cohoes, which thr Fabian circuit had to itself for the past several years, impends. The Bialto one-time opera house and Fabian's ace theatre until the chain constructed the Cohoes, has been overhauled, redecorated and re- furbished. The Morse circuit, of Boston, has leased the theatre from local owners. Morse will relight it around Christmas. Renamed the Empire, house is close to Cohoes, A short distance away is the Regent, a small but comparaiively new theatre which Fabian has conducted on lease. For sometime, the Regent has been a weekender, usually closed during the summer. Now, Walter H. Wertime, Sr., has incorporated the Cohoes Regent Theatre Corp. He is said to be set t" run the Regent himself when Fabian's lease expires. Wertime, who ■with his son, Walter, Jr., is a direc tor of the new company, operates tlie Chester, in Chestertown village. The Wertimes are large property owoers in Cohoes. Sideliners believe that with three theatres running in the city—Troy Is nearby, and Albany is only nine miles away—the fight for business for product, etc., may be bitter. These observers opine one or more of the theatres may lake it on the chin financially. Cohoes was the scene of sharp film competition at one time, but in recent years has not been so stormy. There are one or two other theatres long dark in town. Chi Ops Still Dicker Chicago, Dec. 22. Operators union is still conferring with picture theatre groups instead of making a contract with all houses. Allied group, under Jack Klrsch, is making its own contract and circuiU will make their own deal. Terms not settled although two- week vacations will be in all con- tracts. m CO. STOCK SUIT UNDER ADVISEMENT Kilgore, Texas. Dec. 22. The Texan, destroyed by fire at a loss of $100,000 last Sunday (13), gave Kilgore its most disastrous fire in five years. The b.uilding recently was remodeled at a cost of $25,000. The theatre had not opened for the day when the fire started. Firemen were compelled to turn attention to oil wells nearby to pre- vent melting valves which might have fired the wells. City Closes Salt Lake Cinema Salt Lake City, Dec. 22. License of the Empire, South State street, rescinded by city commis- sion on ground that conditions in the theatre were extremely unsanitary and also presented a fire and struc- tural health hazard. Theatre, owned by W. E. Shipley, managed by E. Kjirgard. House, second run. Maiden, Mass., Theatre Burns Maiden, Mass., Dec. 22. Damage estimated at $40,000 was caused when flames of undetermined origin swept through the Maplewood theatre early last Saturday (19), two hours after a capacity audience had left REP SIESTAS BEFORE BIG PUSH IN JA.N. Hollywood, Dec. 22. Republic is taking a production vacation over the holidays, with three pictures in various stages of work, but no new features sched- uled to start until next "year. January will be the busiest month on the lot since last July, with seven new productions lined up. They are The Purple V,' Tahiti Honey,' 'Daredevils of the West," 'Carson City Cyclone.' 'Shanlytown,' a Three Mesquiteers western and a feature sUU untitI^d. Five Western Series New High for Republic Hollywood, Dec. 22. Republic's program of western series goes up to five, the highest number in the history of the studio with the signing of Bill Elliott and Gabby Hayes to co-star in a new group of buckaroo chases. Roy Rogers is now the top rider on the valley lot, taking the place of Gene Autry for the duration. Don Barry continues to gallop as a sec- ondary star, and Bob Steele, of the Three Mesquiteers, is being groomed as a lone galloper, with the Mes- quiteers continuing under their own horsepower. METRO'S AIR PIC San Antonio, Dec. 22. Virtually all arrangements for the partial filming of Metro's 'Guy Named Joe' at Randolph, Kelly and Brooks fields have been completed, according to O. O. Dull, M-O di- rector here to make arrangements. Dull stated that Everett Riskin has been named director of the film which will star Spencer Tracy and possibly Irene Dunne. Riskin and a crew of technicians were expected to arrive this week to start filming. Only the actual air training done here at the fields will be filmed here. St. Louis, Dec. 22. Suit of Fanchon ti Marco Enter- prises, Inc., to be permitted to exer- cise an .option to purch; se an addi- tional S2 per cent of the stock of St. Louis Amusement Co., of which it now holds 42 per cent, was taken ur.der advisement last week by Cir- cuit Judge Robert Aa.'on after a brief trial in which Harry C. Arthur, Jr., head of F&M hei>e testified. The suit is directed against Thcimas N. Dysart, prez of Chamber of Com- merce, and members of the Central Properties First Mort^tage Bond- holders' Committee, the Ambassador Investment Corp. and the Ambassa- dor Building Corp. The stock sought by F&M consists of 12,431 shares of Class A and 13,929 shares of Class B. As chief witness Arthur testified of various conferences he held with Dysart and others concerning the purchase of the Amusement Co's. stock and the reorganization of the Central Properties holding which in- cluded the Ambassador, Missouri and the Grand Central buildings. He asserted that the contract permitted F&M to purchase the other stock at any time. The contention of the defense is that F&M's option to purchase the stock had been disposed of in the Federal court litigation in connec- tion with the Central Properties Corp. and that the various acts of the trustees in connection with the re irganization hacl been approved by the F^eral court. The defense also asserted that the parties and issues in the court proceedings were not identical and that the plan of reorganization of the Central Prop- erties Corp., had not : ten executed as contemplated. Witnesses for the defense were Dysart, Clarence M. Turley, secretary of the Amusement Co., and Thomas L. Farrington and William T. Nardin, directors of the Amusement Co. STANLEY CO;S NET FOR YEAR AT $2,953,127 Stanley Co. of America, subsid of Warner Bros., net profit was $2,- 953.127 for the year ended last Aug. 1, making the earned surplus as of the August date $5,106,410. Corpor- ation deducted $1,809,693 in divi- dends, paid out during the past fiscal year. Stanley Co. wrote off $2,540,- 000 for Federal income and excess profits taxes. Corporation's earned surplus on Aug. 3U, 1941, was listed as $4,105,- 971, operations during past fiscal year increasing the earned surplus by slightly more than $1,000,000. Balaban Chainnans Red Cross Drive April 1 Barney Balaban will chairman the Red Cross fund drive to be held in theatres throughout the country week beginning April 1. He is appointing a staff of aids in- cluding co-chairmen, treasurer, stu- dio chairman, exchange chairman, home office chairman and public re- lations chairman. N. Peter Rathvon, prez of RKO, chairmans the M. P. Industry Division for the Red Cross. WB's N.Y. Warehouse Warner Bros, has bought the seven-story building at 447-49 West 49th street which formerly was the A. L. Erlanger warehouse, paying $34,500 for the property. It will be used by WB for storage of files and other material. Ben Wirth, of the real estate de- partment of Warners, and Miles H. Alben, attorney, represented the company in the deal, while J. P. and L. A. Kisling ti Co. were the brokers. Kstribs Deprecate SmaD-Town Indie Exhibs' Short-^tedness on Buying See Sunday Fix (Mebbe) For Soldiers' Benefit Harrlflburg, Pa.. Dec. 22. With officers from nearby Army camps, including >a U. S. Army chaplain, recommending the move, the Junior. Chamber of Commerce has asked the cooperation of the Ministerial Association in providing Sunday entertainment for soldiers visiting in the city. Part of this entertainment would include the opening of at least one downtown theatre for several hours for' the patronage of soldiers only. Sunday pix have been voted down. here on two different occasions, largely due to the efforts of the Ministerial Association. It is be- lieved, however, that opposition to a Free Sunday movies are provided at the Catholic USO Center, but the facilities are limited, leaving hun- dreds of soldiers to walk the streets in search of diversion, strictly soldier show can be over- come. 8 STARTERS AT PAR Il« JAN. Hollywood, Dec. 22. Eight features go into work at Par- amount in January, the heaviest pro- (luction slate for that month in the history of the studio. With its com- pleted pictures and Its big winter and early spring schedule, plus cur- rent holdover time on larger produc- tions, the company has a release line- up extending to July. Next month's starting list consists of 'Riding High,' 'Incendiary Blonde,' 'Let's Face It,' 'Five Graves to C^iro,' 'Hostages,' TTie Good Fellow,' 'Henry Aldrich Plays Cupid,' and 'Alaska Highway.' Meanwhile Cecil B. De Mille is slated to start 'The Story of Dr. Wassell' in February and is pre- paring 'Rurales,' a tale of Mexican mounties. STOCKTON, CAL, TAX IDEA (2c) KAYOED San Francisco, Dec. 22. Exhibitors were successful in kill- ing the second amusement tax measure proposed in northern Cali- fornia within recent weeks. At the request of the amusement interests, the Stockton city council squashed an ordinance, after first reading, that would have levied a 2c tax on all amusement tickets. B. V. Sturdivant, head man here for Fox West Coast theatres, led the attack on the measure because F-WC is principal exhibitor in Stockton. Sturdivant and other reps of the amusement field pointed out to the city council the proposed tax was discriminatory and would create an unfair hardship on one type of business. A graduated lax was recently proposed in trans-bay Berkeley. After, exhihs told the city council the levy was inequitable, a substi- tute .-ncasure was adopted to raise the needed funds by boosting license fees of all types of biz. Theatre men here trace the rush of amusement tax proposals to a speech made at the convention, three months ago, of the League of California Cities, by the San Diego city m/inager, who said the amuse- ment tax was working well there. Earl Bros, to Operate New Magnesium Corp. House Boulder, Nev., Dec. 22. New 700-seat film house, built by Magnesium Corp. in its huge plant, will be opened for New Year's day by Earl Bros., Arizona exhibs, who made the highest bid for its opera- tion. Probably only new theatre permitted to be built, except those within military sites, since WPB re- strictions. Magnesium plant, largest in world, built the theatre and put the lease up for open bidding, with the opera- tor returning a percentage of the profits to company. Chicago, Dec. 22. Selling In groups of five has 'spoiled' small-town independent ex- hibitors because It has brought fre- quent visits of salesmen and now that these trips must be eurtailed, because of gasoline rattening, and now that curtailment of film produc- tion looms, the exhibitors refuse to believe the salesmen's stories and think It's just anoth^ case of crying •wolf.' This is the tale of woe being poured out by film salesmen work- ing out of local exchanges. One salesman for a major com- pany that sells an entire season's product on his last trip into Wiscon- sin says he encountered smalltown exhibitors who even refused to per- mit him to open his book and show his wares. They told him they had enough pictures and they refused to believe that visits of salesmen would become increasingly infrequent and that the companies would cut down the numbers of their releases. There is no stability of mind among the smalltown exhibitors,' this salesman reported. The war and bad business put them in _a. chaotic, frame. They can't foresee any changes in the industry.' One of the towns in this sales- man's route is cited by him as to the effects of gasoline rationing on the boxofflce. In this situation, the week's grosses have declined from a total of $175 to $50. Unfortunately, he pointed out, the gas rationing came coincidental with severely cold weather, snow and the Christmas holiday season, all of which latter helped to aggravate its ill effects. He thinks that many exhibitors are inclined to give rationing an undue proportion of the blame for the slump. With salesmen here thus far only able to obtain 'B' cards, entitling them to eight gallons a week, the problem of covering the territory is a difficult one. inaanuch as railroad and bus service is far from good or inclusive. A salesman, for example, could make Thorpe, Wis., by train in six hours, but he could not get out of the town until the following day and the result of travel by train in this instance would mean one call in two days and the necessity of passing up four towns along the route. MORE XMAS LARGESSE Fox's Family Party In Lien ef Bonus—Other Film Cos.' Plans Despairing of sufficient time in which to obtain a Governmental okay for the payment of a Christ- mas bonus this year, 20th-Fox instead will stage a large-scale luncheon party for its New York employees at the Astor ballroom. N. Y., tomorrow (24). With 850 people being invited and 20th re- ported spending $20 on each, the cost will run aproximately $17,000. In addition to an elaborately- planned lunch and entertainment, every 20th-Fox employee will be given presents. While previously Warner Bros., Universal and Loew's-Metro paid Christmas bonuses, same as last year. Paramount on Friday (18) shelled out one itself. Par made its Chrlstma.s bonus eligible to all employees earning up to $75, with a week's sal&ry being given, except that for those being paid between $50 and $75, the maxi- mum received was $50. In addition. Par on Friday (18) disbursed its regular weekly 'cost-of-living' bonas, amounting to 10% on the first $100 of salary and 5% on the second. Par is giving a party tomorrow (Thursday) to former Parites now in service. About 50 are near enough to N. Y. to attend. No bonuses were paid Friday (18) at United Artists, RKO or Colum- bia. In addition to its bonus a week ago, Warner Bros, distributed more than 2,350 gifts, toys, candy, etc., at its annual Warner Club Xmas party held Saturday morning (19) at the Strand, Brooklyn. Universal is giving Christmas bonuses consisting of one week's salary to all employees in the ser- vice of the corporation for three months or longer, and whose weekly salary is $40 or less.