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VARIETY PICTURES Wednesday, September 7, li FKHT RLM LAW SIDESTEPPED ! l makcdsmew | IN PinSBURGH-DUPED-PLAYED Strangers Had Original Negative Retaken by Local Laboratory—Original Then Seized by U.S.D.A. WiA Fine—Copies Pittoburgh Made Play PIttHburgh, Sept. 6. The Dempsey-Sharkey flght plo- ^fures are being shown in Pllts- Vurgh, Three hoiisea are playing to standing room, day and night. And nobody seema to b« able to stop it. All the result ol someone havlrp discovered a soft loophole In the wnrdiliK of ^fi - law, anil a (■•Miil/iiia- ticvn of ciri-iMiist^ini i-s tti:it rea ls like a c'onan Doyle romance. l,,ast week a stranger dropped In lit the ofllces ot the Motion Picture I'loiliu era Company, local film stn- <iio, anil laid a print on the desk, lie wantiil a ncfc-ativc made. Without iiispcriii; the can, it was put through the plant. > When one ot the executives found it drying on the drum, he noticed that it was a film ot the Deinpsey- Sharkey flKlil. aiiiianiitly wiilu.ut copyright. The negative and print were delivered to the strsnger, who paid his bill In currency. Two hours later another stranger walked in. He laid a negative on the desk and asked to have three prints made. It looked like the negative made two hours before Cash te advance was demand-id and tiirntd over. Prints were made and delivered to the theatres whose addresses the stranger specified. And the pictures have been run- Biaf wrer Since. Tttt Stanley-Davls-CTark theatres are win? the film at the Olympic, State and Hegent houses. The S. R. O. sign Is a permanent fixture in all the lobbies. Jtfhat p. J. Aaanta Learned The OepartmMt or jusMw MtA. HOT COITUCBIA'S "KIMONO" Columbia Pictures, iiir .loc Brandt, states that "The Ked "Kimono" picture, fciturint; Mrs. Wallace Reid, was not made by Columbia. His concern has no interest in it, Brandt states. ROXY MAY BOOK STA^AZZRAND Paris, Sept. 6. An offer has been received by Irving Aaronson's Commanders, stage versatile )azz band (Ameri- can) to accept a run engagement at the Roxy (pictures) theatre. New York. The Sitlary accompanying the offer is reported at 12,500 weekly. Walter Batchellor, New, York a«ent. Is actins' for the Und. It is said Aaronson has indicated an acceptance, provided he r;in open at the Roxy early in (Vtolicr, Another offer is said to have tieen anbmltted to Aaronson direct throush Louis K. Sidney of the Loew ofllces, to appear at the Capi- tol, New Tork. Aaronson's Commanders Is known a^ a versatile stage orchestra, with Its members also individual per- formers. The b.and contains a couple of comics. It had a run in Nsw York with the Sasie J an is show at the Folton theatre. assigned to investigate the ease were told that: "We are showing a picture that was made in Pittsburgh, from a ^negative th.at was made in Pitts- burgh. We don't know who brough^ them In—or why—or anything about it. We came by them legitimately, and make no bones about it." Meantime, everyone is wondering just how far-reaching the effect will be. And what this precedent, once established, will do to the Inter- state Commerce Commission ruling, (Continued on page 16) Likes W. C. Systems, Par CaDs on Franklin 'mS" J^EL ON ' Lioa Angeles. Sept. t. Partuhount Is planning immediate production of "The Irfglon of the Cohdemn«*d" bec.iuso of the recep- tion accorded "Wings" in the east. The story Is by John Monk Saunders, credited with "Wings," and Is a companion opus to the latter. William Wellman will direct with Luclan Hubbard supervlsinR the production for B. P. Schulberg. The same unit that turned out "Wings." (Inry roupcr will play the lead, as I*aramount feels this Is a good spot to enhance the box office draw ot the player. Tlie "Lef;iun" was called off once with it announced Wellman bad l.....n ri l. Msed. Los Angeles, Sept. 6. The Paramount west coast pro- duction department has decided that the exploitation and advertis- ing angles used by West Coast Theatres circuit, under the direc- tion ot Harold B. Franklin, are most profitable and practical in the country, with the indications being placed on the drawing power of pictures from the box odice. A special committee has been appointed by Paramount to confer with Franklin regarding the im- provement of the distrilnuint; and production exploitation and adver tising propaganda for their pic- tures and a meeting is to be held Sept. 15 to take this matter. This is the first time that a re- leasing and distribution organiza- tion has culled in a practii al the- atre proprietor to aid them in ad- vertising means for tho sale of their product. Mary Astor Engaged Los Angeles, Sept. 6. Mary Astor Is reported engaKid to Konneth Kawkes, iiroihtetion supervisor at the Fox Studios. Neither will say anything dcnnlte, but It looks like an announcement Is due soon. CAMERA DUEL WOmTOS Los Angeles, Sept, fi. Oilbert Roland Ix'catne h marlyr t(* motion picture re.ilisin when he ~%as clipped on the hem! - wi t h a saber by Constantin Romanoff, actor, during the nimlng ot a duel ►ecne In "Louisiana.' First .\'a- tloiial j)iclllrc. The accident inflicted a .scalp wound which sent Robind tn tho Hbllywood Physicians' Emergency hosf^ttl for three stitches. Rolami retunied U »• studio to continue Cutting "Uncle Tom" T.os Anjreles, Sept. 6. "Uncle Turn's C.iMn." universal production, will not reach Broad- way as a road show until around Oct. 1. During the past week the \ picture has been cut 10 reels, to 26, with nine people doing the editing. It is expected the picture can be cut to 14 reels before shown. Cnri Laemmle Is scheduled to leave Eti'rope the last week In Sep- tember to Ill-live in New Turk In time for its ojienirii;. (Continued from page 1) in speculating how he eould have died so suddenly. In the show nieelint; places It was cuncedcd that l.iiews, Inc. which Jiarcus Loew had created and still headed upon his death, is the best organized theatrical cir- cuit of the countrj'. While It was antieiiiate.l on Mnnd ly that there might be ii slight reaction In the I.oew stock upon tho Siock Ex- change Tuesday, but a slight varia- tion In quotations occurred. The I.oew stock held steady at around 55. That Loews would continue iil.icidly under its present direction was accepted without question. Executive Heads I.oew's active executive heads are Nicholas M. Schenck, for years In Kcneral char^'o of all I.oew's enter- prises and who is looked upon as Mr. lioew's suoeesaor; David Bern- stein, Loew's, Inc., treasurer,' in charge of all financing; Kdward Sctiiller, in general charge of the- atre operation; Louis B. Mayer, at the head of Metro-Goldwyn-Mayer. the IjOew picture producing sub- sidiary, and Leopold Friedman and J. Kobert Kubin in the legal de- partment. Messrs. Schenck and Bernstein have been with Marcus Loew ever since there was a Loew Circuit; Mr. Friedman almost as long. Mr. Rubin is also secretary of Loew's, Inc. Addltlon.illy the -secondary line of executives through the entire Loew's staffs are exempliu-y in their ability and loyalty, with the enthre Loew organlznilon of employees taking the example of their un- paralleled showman-head, Marcus Loew, to give the public report of the altitude held by Loew's as the highest perfection of an organised show circuit in America. Monday Loew's was to have open- ed its latest and newest de luxe picture theatre, the Loew-Penn at Fittsbifrgh, with many of the Loew's New York headquarters men at tending that premiere. The opening was postponed. Loew's, Inc.. has been rated ot late in the zenith of its career, with the prospects that it will be the h«M<aat set profit earner of any show eiroutt this coming season. It ranked all amusement enterprises for net earnings last season, when Its statement showed a profit of over six million dollars. Marcus' Twin Sons In his organization are Marcus Iajcw's twin sons, David and Ar- thur Loew, both experienced show- men and executives. Arthur has had charge of the foreign depart- ment ot Loew's and M-O-M, sec- ond only in Importance and scope to the general direction of Loew's entire U. S. industry. Dave is a realty and film booking expert, also ultra-important dlTlsIons, with both boys having had a thorough school- ing- in their father's offices. No accurate estimate may be placed upon Marcus Loew's wealth. When recently quoted In Variety as $35,000,000, many thought It too conservative. Mr. Loew but re- cently refused an ofTor of $6,000,000 ftir his country estate at Clen Cove, Long Island. His life insurance amounts to $5,000,000. Services will be hHd tomorrow (Thursday) morning at 11 at the Loew estate, Pembrooke, Glen Cove, L, L Following the services interment will be at Cypress Hiils. All Loew theaUes will be closed tomorrow until two In the after- noon, at which time Nils T. Gran- lunil (N. T ("■ ) will deliver a mem- SELLING OF LOEW ON DEATH OF FOUNDER CHECKED PROMPTLY Amusement Issues Do Nothing Either Way Over Holiday—Pathe Sold Down to New Bottom on News Reel Competition—Boom in Shubert Halts .Some selling ot Loew, Inc., ap- peared at the opening yesterday based on the death of the circuit's founder, but it was met by prompt support and ended in a very moderate decline from 55% to 54V4. Before the end of the second hour the stock turned quiet and ruled tor th, rest of the day fractionally under 5.'). Paramount did nothing either way. .It opened, unchanged, at 103H and moved up to 104H, giv- ing way thereafter to around 103'^. Tho only stock th.'it had any ap- pearance of a movement either ui) or down was ^athe, which yielded last week more than 6, to a new bottom around 24, trGm its recent high of 60. Orpheum was oft to somewhat less extent In trading of some relative volume. News Reel Rivalry The market apparently looks with some concern upon the en- trance of new distributors of news reels, the basis of Pathe's busi- ness. The powerful Paramount or- ganization is in the topical reel business now and so Is Metro, both with enormous facilities for cover- ing events. Pathe's new atllliation with vaudeville appears to be an- other element of weakness. When the consolidation was first broachM even experienced picture men were disposed to weigh the association of Keith and Orpheum theatres and money with Pathe as a new and important element in the industry. Study of the situation appears to have brought the view that the Pathe's linking up with the dlmln- Ishlrj; public interest in the vaude- ville type of entertainment is the opposite of an advantage. Trading estimate of the future of vaudeville pretty clearly indicated in the retreat of prices in Orpheum, the only listed ■eeurlty upon which the ticker throws any light. Fox was especially strong all last week on the showing of earning power in Roxy'a theatre. Figtires were published showing gross re. ceipts for the new "Movie Cathe- dral" of more than $100,000 a week and estimates of gross for the year of $5,000,000. Unofflcially it was pointed out that Fox's holdings in the Roxy theatre will yield $500,- 000, while Fox should get about $525,000 from the house on rentals of Fox pictures. These two items would represent IS a share on the 500.000 shares of Fox stock out- standing. Paramount "Oops" Paramount gave no hint of its probable future course. \'ery little new buying came in on the drop from 10'7. Traders are in two minds about the Immeillate prospect. The feeling? is tiiat Paramount is cnm- pletely under domlnatitm of pool Interests, and any speculative posi- tion in the stock is a futile effort to outguess the next maneuver In ma- nipulation. On the long pull there appears to be no doubt that Para- mount will go higher, but the level at which to get In Is the puizle. Brokerage advice runs all the way from urpiiiKs to buy on recessions from cuiTent prices to aggressive counsel to go short, and both sides have about the same following. Nearly all the amusement stock news that Is being stressed in the tlnancial papers is bullish. It has been pointed out that the cold, rainy summer has worked to the advan- tage of the picture business. The fact Is omphasised that the best four months ot the year are just ahead, and in trade quarters the argument is init out that the enter- tainment policies of Sam Katz are beginning to take (prm and are drawing patronage. ProductlOB economies have been accomplished also. Those Bank Loans There Is plenty to fill In on the other side ot the picture. Bank loans are known to be large. One Wall street tipster not long ago put out an argument th.-it an issue of debentures was likely, and urged tho short side anywhere above 105. Tho story persists that the stock will break 90 and may go to 80. There was no encouragement In a new Paramount statement showing busi- ness for the second quarter ending July 2 with net profit of $1,456,051, equivalent to $2.27 a share, com- pared to net ot $2.07 tor the same period of I92S. Proflts for the first six months ot 1927 were $6.60, oon^ pared to $6.04 for the first six months of 1926. the latter having been an "oft year." The six months' 1927 figures also Include profits from Balaban ft Katz. Against this show- ing, of course, are to be considered the certain income from special pic* tures like "Beau Geste" In the next six months, which ought to improve the annual per-share showing. The operation In Shuhert appeared to have run its course for the time being. The climb stopped at (8, where realising came in. The stock was quiet yesterday close to tt. There was also some profit tohtnc in Fox, which eased slightly firom its top of 68. SumiMrjr of wnk esdlns Siitur.iay, !>cft. t: STOCK EXCHANGE T^su" anJ i ate. Anifrican Spjit (4> Eastman Kodiik (») First Nat'I pref. (8) Dan Thomas* Open Time Dan TlniiiuiH, it in t's.-ntiiij? Ihe Nowspnpor KnttTpi ist-s Associiititin in Unllywood. fo\in(i ph nty of spnro litiir on IiIr hunilM, bo he has tiikon "Vir the Job of director of puh- li'.ity ut the Mack Stinnett ntudlns. JAXmXOW BIKECTOItS Lo!. Angeles. Sejit. 6. Jtis(>ph Von Stetnl.erj^ is to *li reel Kinil J.'innings in "Tin' (Jen ernl" instead ot Victor Fleming. This Is due to the fact that Anne Nil Il'i's i.1 .At" ' t, (l lu re v. iiiiin the next two \M'. ti, pii ii.iif f(ir 'ish IioK< " with I' lemin, oriam oration over WilN. New York managers expect to at- tend the services in a body. Dele- gations frnm the Friars and Lambs clubs are also to attend. Rev Dr. Aaron Kisman will ofBclate. Arrangements for the services have been made through confer- ences at the Loew's and Hays nf- fiees. » As reiiiuted elsewhere in this Is- sue, till picture studios in Ctllifor- nla will be closed during services held in Hollywood under the aus- pices ot the Academy ot Motion Picture Arts and Sciences. The Metro-Coldwyn-Mayer Rtudlos at Cvilvcr city will be closed through all of Thursday. K;im-I ■ 111, prer, I'lUiie Kjili, di». com •'nr. (I), (ill) "..'.".*, 4)..'.'!.' n CURB .\rl. Thi. CIr IT Uroii BONDS • Bi illv. Loew bonds ex vcht im.i.i |:ii.000 at Oti'v. 99'4. M»H. net up "Flame" at Rialto "The Way of All Kle.sh ' Is leaving tho Ulalto Hept. 16 to be follownl by I'niled Artists' ".Mngic Klnoie" the next iltiy. riiis will f;ive the .tannings |iic- iitre.aj'jiiLoLii, 5V¥»'Hs!. Sec. Navy Refuses Film Co-operation Washington. Sept, »>, After repealed attempts from every possible angle Secretary Wil- bur of the Navy has turned down Din Willetts of I'irst Ntitional tor Ki'Vernniint co-opeititinn in the making of a picture tent.itivelv "'u livn REIGER SENT AWAY Scheduled as a story of the big guns of the Navy Willetts' reiim s; ^^.^s for tile secretary til peniiil him to shoot tho inner workings and alii victims when released, or be- I.os .\ngf-les, Sciit. 6. Catltiin A. Iteiger has bei it sent awny for one year for ftikiny a lease on a proitoseil theatre in one of the smaller towns. llciger defrauded one Slattery and others. The court gave lilm the alternallvp ol UKinS 9«V«II ii'.iis lu ■ the pei'itenlitiry or one ye.'ir in tho ' utint,\ if i»i i.misiiif; to repiiy tcchnicul phases ot the country's weapons ot defense. It was this phase that caused the ri'vi i niiii'iit nfllcial to flatly refuse liL'ejlM.Csl fore, placing Reiger on probation for the following six years. His probation prohibits Keiger from engaging in any inomotlon