Variety (Oct 1927)

Wednesday. October "5. 1927 PICTURES VARIETY LETTING FIGHT FILM RUN NO MOLESTATION IN THE MAJORITY One Prison Sentence in St. Louis on Plea of Guilty by Second Offender— Warrants Sworn Out in San Francisco — Some Federal District Attor- neys Don't Take_Cogniz ance of Picture's ON STATES' RIGHTS Dept. Justice Opinions Washington. Oct. 4. Doubt has been expressed by Department of Justice officials as to its being; able to convict either Tex Kickard, prdmoter, or Tunney and Dempscy, In connection with the attempts of the department to stop the transportation of the fight films In violation of Interstate commerce statutes. The only possible case against the three named, It was stated, would be that they had conspired in the transportation of the pictures. This also applies to exhib- itors, it was added, as the showing of the films only be- comes a federal offense when such exhibitors participate, or eorisplre to take or carry the Alms across State lines. Lne. of 1912 does not provide for the confiscation of films. The department admits, how- ever, that In some Instances these were being held for evi- dence. All proceedings are being left In the federal district at- torneys try. of Pantages, as custodian, and an- other set rushed to the Globe, which opened Friday. Just what the next move will be Is uncertain but those in the ring- side seats predict that the Cliche management will not permit Pan- tages to run the pictures if It can prevent, and intimate that injunc- tion proceedings will be the next procedure. Wisconsin Milwaukee, Oct. 4. Five days after the Dempaey- Tuu»ney Chicago fight and fully four days after the films arrived In Mil- waukee, they were thri wn on the local screen. Only one th>atre worked up sufficient nerve to show them, Saxe's Strand. In special an- nouncements the Strand came forth with the news that it had booked the fight pictures. Immediately after the announce- ments, local newspapers interviewed Levi H. Bancroft, U. S. attorney, on what action the government would take against the Strand for the showing. "I can take no action." Bancroft replied. "I have had no complaints against the films being shown. Of my own knowledge I do not even know they are being shown and further. I will take no action unless proof can be submitted that the Strand management has had a hand in Importing the films or knows who did import them." As a result .of this statement, the Strand went right ahead and saved a week directly headed for red ink. to show a profit. The importer of the films can- vassed the entire downtown sector Friday and Saturday, attempting to peddle the films with no bait Finally the Strand grabbed them. The rental price Is not known, but one theatre man who refused the pictures admitted that it was "too steep." Since the showing opened at the Strand, there has been stand iog room only 3 Months, $1,000 Fine, Fight Film Sentence St. Louis, Oct. 4. A sentence of three months In Warrenton Jail and a fine of $1,000 was Imposed upon William Sievers. «T, In the federal court here for trans- porting the Tunney-Dempscy fight film Into Missouri. Federal Judge Farrls stated that owing to Sievers' plea of guilty and as a second offender he had to mete out the Jail term. Sievers also brought in here the Deinpsey-Sharkey fight picture. He took a plea for that, getting off with a $600 fine. Sievers formerly owned the Grand Central theatre here but sold it, losing his money In Florida real estato. He now has a states' right film ex- change In this city. Tunney-Denipaey fight pic- tures are being shown at the Orpheum. St. Louis and Grand opera house, all Orpheum Cir- cuit theatres. Business is not so good at the two first named, but excellent at the Grand owing to Its cheap lo- cation. clsco. All of those are Independent houses and not associated with West Coast Theatres circuit. It Is understood that West Coast did not want to play the picture on the ar- rangements Gardner made with other exhibitors. . Missouri Kansas City, Oct. 4. After the fight films were taken off the screen at the Liberty Mon- day last week as reported in Vari- ety, there were Immediate reports that they would be shi.wn at the Globe, which Is exactly what hap- pened, the pictures In on Friday without publicity until Saturday morning, when they were annosmged as the "exclusive, authentic, official motion pictures'' of the fight, Saturday afternoon the Pantages also put the pictures on Its screen, the dims, It la understood, being the enes taken from the Liberty, and here is where the light is predicted. According to inside Information, It is. reported that William Seevers of St. Louis bought the Missouri state rights for the films from the Goodart company for $7,000, and that he In turn contracted with the management of the Globe to run them here. When they hit the Lib- erty's screen, It is claimed, the Globe management demanded that they be protected on their agree- ment. Their complaint is what caused Henry Souenshlne to come here and replevin tho films from the Liberty. The manager of the Liberty had secured the pictures from Jerry Connors, who. It la s'atcd, bought the films from the Goodart com pany. and who. It Is claimed, had a bill of sale for them, although Souenshlne claimed that Connors had no legal right to them. It Is also stated that Connors said that when he bought the pictures he was asked where he expected to show them and that his reply was nla and the print exhibited at the Capitol had not been transported In Inter-state commerce us forbidden by Federal statute. Acting United Stales Attorney 1'ngen? Bennett of San Francisco d.'dared the raid on the Capitol theatre had been made on direct orders from the Department of jus lice at Washington. Texas Dallas. Oct. 4. Robert O'Donnell, general man- ager of the Interstate Circuit, has been Indicted by a Federal grand jury for the alleged transportation of the Tunney-Dem| s»y fight film into this state. The picture Is currently playing in the Interstate'* Majestic theatres at this point, San Antonio and Ft. W irth. in conjunction with the vatule bills in the daine houses. It is said that the Interstate paid $.". 000 for the Texan rights to the picture. The circuit expects to rent the prints to cities and towns v\ her it is not theatrically repre- sented throughout the fetate. The Interstate, playing vaude and pictures, also opera es theatres In Oklahoma, It is not reported whether it has secured the rights for that state. In the west, not giving any par- ticular state. He Is now under bond G f srna ll rapacity, toward the end California I.os Angeles. Oct. 4. Following on the heels of the Government, indictments were re- turned against T. R. Gardner and W. D. Scheer charging them with having brought copies of the Dempsey-Tunney fight pictures into the State Illegally. The Indictments were returned three days after houses had begun showing prints of the pictures throughout California. The first print was at Bard's, Ix>s Angeles, four days after the fight, with the house seating 550 turning them away, and at 50 cents a head bring- ing a gross of around $4,000 on the day. The fight picture only was shown, with the show lasting 3'-' minutes. The picture was also show in two Hollywood theatres. Gardner dispatched the prints by airplane throughout Northern Cali- fornia and on the second day had 10 prints revolving through the state. These prints are said to have grossed around $40,000, with Gard- ner playing 60-60 basis with the house. United States District Attorney McNabb Is determined to prevent any one showing pictures of the fight In this city. He had agents watching every train and question- ing men who might be suspected of bringing the film in. It took Mc- Nabb three days of investigation before he obtained Indictments against Gardner and Scheer before the Grand Jury. Gardner was held In a bond of $10,000 and Scheer $5,000. In their finding the Grand Jury did not disclose the manner in which Gardner had received the films into the state. It was expected that after the Indictments were returned the the- atres showing the picture would be closed. District Attorney McNabb stated there was not sufficient evi- dence to close any of the houses showing the film at this time. Lou Bard, who owns Bard's 8th Street theatre on five days grossed better than $16,000 In a 550 capa'S'y house. He put the picture Into two of his other downtown houses, also In the United States court on charge of importing the films Into Missouri. His preliminary hearing U set for Oct. 10. Meantime the replevlned films. It la understood, were placed In the keeping of Jack Qulnlan. manager of the week and both did very big business. The picture w»s also shown at the Balboa In San Diego, as well as In houses In Pasadena Santa Barbara, Bakcrsfield. Taft. Oakland, BerkeleV, Ban Jose and San Fran- San Francisco, Oct. 4. Five minutes after the Capitol theatre had started Its Initial show- ing of the Tunney-Dempsey fight film (Chicago fight). Deputy United States marshals and U. S. Secret Service operatives confiscated the forbidden film and arrested William T. Cullen, lessee of the Capitol; Sol Pincus, press representative, and five other employees. All were charged In John Doe. warrants with conspiracy to violate the Interstate Commerce laws In the transporta- tion of prizefight pictures. At a preliminary hearing before U. S. Commissioner Francis Krull, Cullen and Pincus were held under $500 bail each and the other Ave de- fendants released on their own rec- ognizance, pending a formal hearing Oct. 11. Others arrested were James Haswell, doorman at the Capitol; Mrs. Mary (Bonnie) Rose, cashier; Tom Merritt, operator; Meyer Goodman, electrician, and Joe Wilk. Jr. Tex Rickard was named In a complaint filed by Chief Deputy U. S. Attorney Kugene Bennett, who Is said to have been acting under orders from the Department of Jus- tice in Washington. Word is now being awaited from the east as to whether or not the warrant against Rickard will be served and the pro- motor brought back here to answer tho conspiracy charge. At a straight 60-cent gate, Cullen figured for a cleanup, as no other prints had been booked, notwith- standing later developments were that the town had been flooded Wednesday with "bootleg" dupes. Federal officers announced that any other attempts to show the fight pictures hereabouts would re- sult In Instant arrest and confisca- tion. Local showmen, and those sup- posedly In on the know, are con- vinced the present move Is an en- deavor to make conditions so ob- noxious by Including the big guns that the public demand will be for a repeal of the fight picture* trans portation law. Although the pictures of the fight have been exhibited all over the state and under the very dome of the state capltol at Sacramento, the only goat was Cullen. After several days of lost revenue following the raid Cullens lawyers filed injunction proceedings against the government. The matter srttl be argued before Federal Jti. Kerrigan In Sacramento today (Oct. 4). ' Minnesota Minneapolis, Oct. 4. Tunney-Dempsey fight pictures are at the Lyric here without any more Federal Interference thnn was encountered by the Dempsey- Sharkey films recently, which was none at all. Finkelsteln * Ruben, leading northwest exhibitors, acquired the Minnesota rights to the fight pic- tures in both instances by purchas- ing them from a person who came to their offices but whose name they have refrained from making public, if known. New Jersey Newark, N. J.. Oct. 4, Miner's Kmpire is showing the Tunney-Dempsey fight pictures in addition to the usual burlesque. If they haven't been stopped by the time this appears. The fight film shows from 10 to 1 from 5 to 7, and from 11 to 1 at night. Prices are $1.10, with the gallery at 76c. Miner's Is not showing the pic tures Itself but has leased the house during those hours to the picture people. Oregon Portland. Ore. Oct. 4. Inhibition of the Tunney-Demp- sey tight pictures caused another row here. The films wero viewed by municipal officials, and passed but the censor board objected to the passing of the pictures, adver- tised as going Into the Hippodrome After much front page publicity a settlement was finally reached when the local American Legion post stepped In as sponsors for the showing at the Hfp. The Legion Is receiving 10 per cent of the net re celpis. Canada Toronto, Oct. 4. A quick promotion brought the Tunney-Dempsey fight pictures to the old Strand, dark since Mutual burlesque bowed out 18 months ago. The film was reeled off on the grind policy from 10 a. m. to midnight at a flat admission of 60 cents and cleaned up $2,200. Louisiana New Orleans, Oct. 4. The fight film Is playing at the local Daugphine. So far no official attention has been given to It. Funny New Orleans Aired Its Pictures New Orleans. Oct. 4. Tinny* were rather skimpy along he picture main last week, a couple of high-powered "favs" suffering along with the others. Much was expected of "Don Juan." and even more of "Seventh leaven." Neither caused a riot. Tho Palace has been playing a couple of Fox specials prior to opening with tho Harry Rogers Musical Comedy Co. Sunday. 'Glory" is reported having done such a Clean-UP at the Palace a second week became Imperative. One week would have been enough for "Seventh Heaven" In this funny picture burg. Hurting the Fox pic- ture some was the Dempsey-Tun- ney fight pictures at the Dauphine, just a block away. Fight film a clean-up from the first unwind and has been running to capacity for a week. Getting $1 top and standing em up to the hack walls. Holding "Don Juan" so long did not r-eem the best policy. The na- tional publicity for the film that spread like wildfire after tho en- gagement at Warner's, New York, is old, cold stuff now, but, at that, it gave tho Saenger Its best week of the summer, running to nearly $19,000. The Saenger. with the new Publlx stage entertainment of the more popular type, has been showing a decided upward trend. Loew's State had little or nothing to offer. Its feature, "Smile. Brother, Smile," brought frowns to the management, as business began to sag after the first few showings and came a real cropper before the end of the week. Loew's will ln- lugurate a new policy shortly when pictures and vaude bills open Sat irday Instead of Sunday. There will be a week lay-off after Mem- phis. Formerly there was a lay-off after the engagement here. 'Marriage." with Virginia Valli. meant very little to the Orpheum. Has had a hard road because of being unable to compete In a pic- ture way. House is now dependent almost entirely upon vaude. Tudor played Richard Dlx In 'Quicksands" last week, one of Its many box office "bloomers." The old grind house Is now a little out of the way. Liberty has been showing a new lease of life whenever offering any- thing worth while. Strand was close to $4,000 with Richard Darthelmeas In "The Drop Kick." Estimates for Last Week Saenger (3.568; 65)—"Don Juan' closed Friday to $18,800. Picture held too long. Loew's State (3.218: 50)—"Smile. Brother. Smile"; $12,200. 8tr«nd (2.200; 60)—"The Drop Kick"; $.1,600. Little early and a little too hot for football fans. Palace (2.200: 50) — "Seventh Heaven." Second week, $4,100. Orpheum (2.300; 75)—"Marriage" and vaude to $5,300 Very light week. Tudor (800; 25)—"Quicksands"; $1,100, and "Quick, Watson." DOUBT ON "WEDDING MARCH" Paramount hasn't made up Its mind what's to be done with "The Wedding March." There has been no decision on which version will be released, There are three "cuts" of these now. It Is understood the picture will led In the east.-™ oflh where the decision will he reached as to which of the series Is to be Application for Injunction sets I sent out, forth the contention that a number of copies of original fight film nega live were manufactured In (Jalifor This F.rle Von Strohelm produc t on will probably come Into Ne» Vort on a road »how kasia. L.A.-Frisco Passenger Hop in 3 Hrs. Daily Los Angeles. Oct. 4. Three hour dally airplane pas- senger service between I,ns Angeles and San Francisco will be estab- lished within the next few months, according to an announcement by Harris M. Hanshue, president and general manager of the Western Air Express. Inc., of Ix>s Angeles. The Daniel Guggenheim Fund for the Promotion of Aeronautics will finance the passenger carrying planes. The arrangement will permit business men from either city to attend to their offices In the morn- ing and then lenve for the airport to keep afternoon engagements la the other city. Grauman Is Undecided Los Angeles, Oct. 4. Sid Graurr.an Is due here Sunday. He Is reported undecided on the picture to follow the 'King of Kings" at hia Chinese theatre. The In...., ni.n le»v»« Oct. 30. to is said to have the choice of the Fairbanks' new picture. "finii. hos" or Paramount's "wings." although It '» reported tint Wings' will pjav hers as a load Show at the r-.gr Btttmor*.