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Miicgixiunr » In li(|hl of the opinion of James If. Landis. nalional director of the Office of Civilian Defense, that the Greater Now YorK dimout is too se- vere, thealremen are hopeful that the rule's will be relaxed nol only generally but also for theatres, against which the regulations are particularly strict. ■ It is believed in exhibition circles that Mayor F. H. LaGuardia^may beconii* inslruniental in obtaining relief: in fact theatre operating execs say that the Mayor recently was trying to obtain more light. However, the Army has been very edoinnnl in its .stand on the N. Y. city dimout and a few month.> ago issued niiire dra.stic re);ulation.s thni) had previously existed. In lliratro circles it is believed re- lexaliiHi of the rules w.ill come first through allowing higher wattage for cars and tralTic lights due to ihc nian.v accidents that have been oc- curing din-ing the dimout. This may load, it i.- added, to a little more' light for theatres, store.s and other e.Nlablishmonls. 'Not unlikely that the Broadway Assn. will bond its every olTorl toward getting relief. Of conroni ti> thenlrenion in ciin- ncction with the dimout are the mounting deaths and accidents fri.m cars, the sluggings and robl)erii>s that have boon taking place on the street.s ut niglit and gradual fear among people, especially women, to leave their homes, notably if they have to go through darkened streets to get (o theatres. J. B. Crossley, v.p. of the Automo- bile Club of New York, active in attempting to obtain reforms, is au- thority for the statement that It inust be apparent to all that the (limout has been carried to ex- tremes. SAG Candons Stars Not to Walkout Due To the 25G Ceiling Hollywood. Feb. 2. Actors were cautioned by its Guild against walking out on any piclura in production when ceiling (arnlngs have been reached. Guild board took the action to protect earnings of other members in pic- tures and to prevent possible waste ot critical material. While many top earners are now Hearing or already are over the salary limitation as set by the presi deiilial directive the SAG took this action to curb any such move. Yeah Man Springfield, Ma-ss.. Feb. 2. There's more truth than poetry on. the Court Square theatre marquee. It reads. 'Gentlemen Jim" with Errol Flynn 'Behind the Eight Ball.' Jed Harris 'Grateful' For Brokers'Boosts Of 'Eyes/Gives'Em Cognac Broadway ticket brokers were pleasantly .shocked last week when tliey received cntglass decanters, of cognac as a gift from Jed Harris. For agency peoitle to gel presents from manager.-i is unprecedented. The usual attitude of showmen to- ward brokers is one ot suspicion. Harris was away from Broadway tor a couple of seasons, coming back with 'Dark Gycs.' currently at the Belasco. Rus.<>ia'n comedy drew fairly favorable notices, but its busi- ness was much better than indicated by the press. Fact that the agencies .sold 800 tickets for 'Eyes' during the first week was interpreted by Harris to mean tliat they were in his cor- ner, so he gifted with the brandy. Some ticket men say they intention- ally plugged the .show, 'figuring' that if Harris is successful in his come- back it will mean a goodly percent- age of hits from thai manager. There wore 30 such liquid tokens to as many brokers. Flo.ssy packages are quoted around $20 each. Each package was accompanied by a note of thanks for the 'good work' on bvliair of 'Eyes.' Some brokers were so much 'surprised' thai 'ihey tele- phoned the Harris office, thinking that a mi.slakc had been made.' 1N1SSING HEIRS' RADIO SHOW SUES T0DD-20TH Michael Todd and 20th Century- Fox Filnv producers and owners of 'Somethif^! for the Boys.' were charged with copyright infringement In a suit filed in U. S. district court yesterday (Tuesday > by James F. Waters and Alfred Schehel. pro- ducers of the radio program. "Court of Missing Heirs.' who claim that the musical comedy hit is based on their air show. Cn-dcrendants arc Herbert and Dorothy Fields, aiitliors. and Ethel Merman. Allen Jenkins. Jed Prouty and Paula Lawrence of the cast. Suit is for an injunction, dainaijes and an accounting of the piom.--. Todd After 2(»lh Coin Hollywooii. Foi). 2. Mike Tood li-ained in fi'im Xow York to huddle with 20ili-Fox aboiii bankrolling a new Broadway sCiko musical, starring Zorina and lilU-.l 'Fairy Tale for AdulL<.' Studio put up hull the coin for Todd's 'Something For ihe Boys.' but hai not ycl acquired film rights to the. play, on which sovoral liirn companies are reported biddiiu. Bernle Resting Well Now Hollywood. Feb. 2. Ben Bernie is under docti>i>" oan> at the Beveil.,- WHshire lio:el l-l- lowing a.pUun\v altaik at l':.hn Springs. He Is resling c:l.^v but C'li.i.lio Rugglo.s is moanllme taking (i\or l.i- wrigley radio show. KRUPA MUST FACE TRIAL ON MARDIUANA CHARGE San Francisco. Feb. 2. Gene Krupa was ordered to trial on a charge ot contributing to the delinquency of a minor, and using a minor to tran.sport narcotics, when he appeared in superior court here last week (20) for a preliminary hearing. JohiT" Paleakos. 20. prop boy for the Krupa orch. testified at the pre- liminary hearing that Krupa had sent him, to the bandleader's room lo get some mariliuana reefers be- fore they could be found by federal narcotic agents. Federal. Karcotics Agent Jo.soph V. Giubbini told the court that on a 'tip' that Krupa was in possession of marihuana, he «nd a fellow acciH visited the (Joldon Gate theatre, whore the band w.is playing. When thoy took Krupa to his hotel. Guii)- bini said, thoy found Patoakos leav- ing, with 37 marihuana cigarots in his pocket. « Krupa Big In Omaha Omaha Foi). 2. Gone Krupa and band came into the Chernidl ballroom Wednesday nit;hl (27) lo an appreciative man- agement because of the Frl.-co mari- huana mess and .sub.-iOfiiiont pul)- licity. Howi'vor. Kiupa ilrcw $2.inn at the gate ai $1 per pi;r>on pins lax Hiul M'onu'il 10 !iavo ll'.c good will of the crowd The mae.^trti. v.ho has hoci; ..cllini; Fresh Start Hollywood. Feb. 2. Dame May Whitiy. now in lier 77th year, .^igiiuri a seven-year contract with Metro., with 'Mad- ame Curie" as her lir^l picture under the now pad. British aotrp.'-r has played on .-tage and screen fur 6U years. Hollywood. Feb. 2. To paraphrase the old Chinese proverb, 'mention of a picture on a SS-p«lnt Crosley procram Is worth lf,«M billboards. ' Nor Is it loo mysterious for the plrlurr biKg'es to savvy. If nothing more' than a periodic Metro flourish, what was mice con- sidered the toughest lot tn itci a benign smile for radio is now very much' on the beam. It's the same studio Uiat has bought time ■m east- ern stations to roar the niviit... of itsl'hoM- .ii pro-war days when, there biggest pictures. Anfiils report that ^^'f""-' '"<"'■ f*-*'"'^ '"If^- Impor Garfield May Flay Gershwin; Whiteman, DeSylva Themselves i Hollywood. Folj. 2. Two III the top Mm roles ot IIM.T are hunting tol> actors, a condition mure than slightly dilToren'. from there has been a consideriible .soft- ening of attitude among the folks at Culver City. Where they once couldn't get a tumble they're now getting bids to 'come up some time." And it's paying off. What brought ab'iut this sudden change of heart must. be guesswork until some one in authority breaks down and tells uhy. Not a bad gue.ss is that Metro picture.-, 'given the benefit of air pluKs through guest shots by its stars, have done much bettei" tinancially than lho.se without this prop, all Ihiiigs cor ered. The front ofTice and publu. y departments have Anally softened up the diehards. Ameche Appears Set By Camel Don Ameche will head up a va- riety show for Camel .shortly after quilting his present Cha.>c & San- born Coffee alliance. His last stand for C. & S. will be that of the Feb. 21 bi-oadcast. Indications are that Ameche will head the 'Camel Cara- van' if the Friday nii;lit CBS show moves to the Coa.-I. Ameche almost went with Camel (William Esty agency i last Decem- ber. He had at the tinie handed in his notice because he fell there wa.«n'l enough for him to do on the C. & S. .session. Esty bCRan to dicker for his services, but J. Walter Thompson, agency <m the colfee aceo'int. per- suaded him lo stay. a.ssurinK him thai it would expand his pan in the program. Ameche wan is a dramatic spot and Camel will s»>e that he gets it should the 'Caravan' go we>'>. lam slnries in <|iie''t <•( Ihcsp.- arc biomapl iis. doalinu wit!-, t'-e live, o! Eddie Kickonbavkcr and (°ivor-.;i' Cer.shwin; On the Rii'kcnbackor yarr.. t" In- produced at 20th-Fi>x. Winlii'ld .Sl:ci'. han is reported tavorinu Fn-d Mar- Murray. There was talk uf (laiy Cooper, but that star i^ alroaily lied up with 'The Story iil Dr. Wa-.-cf and 'SaratOKa Trunk.' Various slar.s have been suuuo'^ted for the George Gershwin rule at Warners, with no a.ssiKnmeiit ihii.. tar. but it is understood that Je-sr> I.asky. producer, is holdinu out for j John Ciarfield. The Gershwin stoi v Ls being re-written from a new angle after ClilTiird Odets turned in a COn- page treatment. Lasky meantime is interviewing .show folk clo.sely identified with the compo.ser"s career, including B. C;. DeSylva, Paul Whiteinan and Deems Taylor. DoSylva has cunsented to play an acting part in the picture and Whileman may take a hand in the story devclopnioi>t in addition lo being spotlighted in the 'Rhapsody in Blue' .sequence. WB BERLIN FINALLY SET 'ARMY'STORY; CAGNEY? Warner Bros., version of Irving Berlin's all-.soldier show. 'This Is the Army.' will contain 10 numbers from the original staao production it is now finally agreed upon. These will take a major portion of the film's running time. Reports that i PAR, ABBOn LEGIT FINANCING DEAL CHILLS Deal for Paramount to finance the next three George Al)botl legi; pri>^ ductions has chilled. Under.-tood the idea went M>iir when the (Urn com- pany declined lo commit ii-ell on all three of Abbott's tentasivelv- planned prouuclion- without uka.N - inii the completed .script >. Abbot',. on the other hand, liuured that rather than have .such an uncertain fir.anc- ing arrangement, he would prefer lo look elsewhere for a backer for all three shows. First of the three oflferin'.{s. .slated lo open a tryoiit March 1 in Bo:.li<n. is F. Hugh Herbert's comedy. 'Ki^s and Tell." The sub.scqner.l «Mit-. de- pendcni on script mmplellons. are a musical. 'The Umpire's Daiiijlitor.' and the legit comedy. 'T:;e NobU'-l Romai:.' Prof. Tom Job's Siesta To Take WB Film Role On Ai^el Coin A 'Variety' story Jan. 13 of a Treas- ury Dept. ruling that only a $1,000 lo^-. ooiild be charged olt from "out- .sific" ventures. .<uch as backing Broadwfiy plays, has caused much comment and di.scu.ssion. in legal and theatrical circles. Several law firms reirro.senliiig investors and prii>.<>cc- live investiii's in legit productions, li-arninK of ilio rutin; from the 'Va- riety' story, communicutcd wiih the Treasury Dept. with the idea in mir.d of makiiiK a lest case either in t!>e Federal courts or before the C«inmi.<sioner of Internal Revenue. In re.^iionse to these inquiries Wii.^hiiiMton provided a relea.se sub- .<l:iniiutini- tin.- story. Under the lu-adiiiK °G:iin.-> and Los.scs" and co\- erinK tlivatrica: inve.^tlru!nl.•;., the riilinu .stato.--. "If. howcvi-r. the re- .-ull is a net hiss, then the uinount wliiih may be entorcci i.. limited lo SI.IKlO or to the amount of the tax- pa.ver's net income from other .-■onrces. whichever may be the smaller." The N. Y. law firm of Konta, Kii-chwey A Kn:tel. asked to advise a client coir.oniplalini; invcslinent in -a legit sh.-»w. Kave the green light. It expressed the opinion to its client that worthless debts could be writ- ten off. Robert Sterling, a member of the firm, pointed out that the custom of theatrical investments these days was either making the investment as a 'joint venture' or a limited partnership. Under the laU tcr arraiiRemeiit the investor's lo.ss is limited legally by the amount of his investment. Such a rule has long been used by Stock Exchange firm.<i wherein a limited partner is liable only to the amount of his partnership invest- ment. Sweden to Learu About U. S. From OWI's Ingrid Hollywood. Feb. 2. Incrid Bergman checks out this week tor a Swedish f' 'ni colony in .Minnesota to take part in a prnpa- Kanda picture for release in Sweden, through an arrangement with the Oriice of War Information. Accompanying the actress will l>e J<io Steele, publicity director for David O. Sclznick. .ind a camera crew. I Anfiuul 1 Sii.iflo f''f|iif.fi Pilt.O)iir«l<. Fob. 2. Thoin.is Jiib. authoi of 'Unele . , , ., , . '"."J 1 Harrv." and prore.~>or of playwrili'iu I material from the loHit yei-s.on croMcgi.-T.-ch drama school here J "Armv would comprise only 40 to 51 . .,„|„„i,„,,, » ..ix-m.-nlh leave oiul , I' V..I. Mil minutes of the film. xMih the rest,.. „.,.,,^ ^^.^.^j^^ ,|,..,. made up of st<iry woven around it .^^ Hollvwii.iH. la^; .■.n.r.- Timlci .Miiih nnelKO'iol l''ii .\'|>KII IIV KI.MK Kli.VKiC.MAN rilhllKlinl Wn>kly III VAKirrrV. III! Kid f:ilv».rninii. f*n>sl>lMil. ir,4 Wpsi ir.ih siiiMil. Now Vr.ili. N T BI.'IISfllirTfON 110 Karciiin .... Ill 2t Cenli. No. 8 >l! Iiv studio writers is untrue. nier rlid a -eri;>lint( .Hlinl for Kdv.;.i An original pUin to ii-e consider-1 <5iii;il|_ working on llic .'iciOenpla.v able b:oniaphical material about j of 'Seven Year.. Behiiid Ihe .M:i.'..' his aulocraphed photos at SI for the I B(.,.|,,. in the film has been abaii-ilnit did that in 'he oa.-t. benefit of the inranlile |>iraly>i-! ,|,„„.(j. There will be only minor] Siiceecdin;; him on ll;o Teeh la- fiind drive, hail only o:; h,:i'.l l>iil ' mention of the life they went raiiidly and ht probably liavo "old niar.y i»-'ire. (lid oi the .so;ig- cully for the balance <if the .Kopie^ter | t up 'Yi|>. Yl|i. |i% K Iwin Diierr. from We>ilc-i r He- Legislator Re-lntro«s I N. Y. Child Ubor Bill Alijar.y. Ke!i. 2. As.>i(.iiibl.Mr.;.n HaroU R. El.rhi ) has reiiuiodtieeil a 1>;1I pruvei-ii; i uniform state-wide .-.v.tcm Ifi le.; ■ lating the'em|)liiynu'iil of iliiMi ci. n. shoe.' Iiiisine.-s. ineUn'iiiiJ radi.i. T- ' Biifialo lee.i.<lal-.r t-l it both lion e- la. t .v '.ai. However. lU-rlu u II. I.e! ! .^i •.. I';en k-'VOIlo;'. \etieii ll:e In!., m ■. ■ cijially hoc;..:-- .M:.'.". L.-. C'liir i and New Ymk I''..■•• rA -::-\-->'. ■■ ■- tl.olilies ol)je('i" "i. I'c ' • v.oi;lil alleceii!;. :tit!..ii' :• ■■eiv- doi;s amount ot ue':iil < ''■ smith, u-ed to connect up iii>. ni'.ii Yaphank.' the musical he v. rote I .-erve U in Cleveland. AI .■> liai k on w\\:\v a >ol'liei- (liiriri:{ t!.o last war. j Teeh f:iciilly. to s'.ane il^ aiirii-il V. \h 'Army ' I.Shake-oeanan piodiietio:;. i. veier:i!, An additiL.i lh;~ wee!; to the \\'ai::ev cunI powiCnls hii the film i> Jjine> Ca!;iie" v.lio. M i- hoped, v.il: accept. Dorniiii'ly out is t!ie |i<>..sil>.|ity ol boridv.-i-m Lieut. Claik C;ablo or Lieut. JaiiiO.- Slew.irt (ivii. the .'X'!' Corp< lor lole; n. the piciuiu. direeior. B. Ideii Pu.\ i relurned from Kiiglariu. lecenll;. Thio is .Vrroy' on Lu.v ll.r.h v. ■iiifl. Yvi. Ti >u ]<■■••■ hiis I,. '' I I ;. r. A' : y : „ .11.. i;. I. I V-. i-y.-i- fV'». L'-J ^iol.e.■. U'i(*. to Ai: Eiiio Pair for Milestone Hollywood. Fe:i. 2. LeM.- Mile.-ione draws d rci-'.o:- .•..-•i-^miii-m,- »i 20ih-J-"ox 01. 'T:..- Itii.^.-iai: reo.iile' aij "The (irji;'i .S'lei t B'l.v..' n iih il:e :oi:v.i:. :'l;el; !'i iif till- li;. ; to the ca::-;i ia . r!;..-i;ii .-i-'iy ill be pio-l-n e-. liy (I'll., .'iloiros [if.A S. tV I'.jV..-. I,- ii; a 11'": a'loii'ati ii: !i'.' ('••'• I'li'i oie'. 'Ciai.i si^c' n-i,-. " rli.ii; e.i''. Ill'ei-. 1,^. ■ N'ev 'i'■!':•.•: .-.'.I wv.i- T'-irei ii' l':a' nciit'.b'i- hf'O'i.